chile new constitution text

19,253. Chile: the first draft of the new constitution is ready - Pressenza In the absence of an agreement, the compensation shall be paid in cash. Though the composition of the U.S. Congress after yesterdays Midterms is still unclear, trend lines are emergingand the consequences of the elections will be felt all over the worlShow mored. We provide it as a point of reference in the ongoing discussion in Chile over constitutional reform. For the purposes of ordering the process, the Electoral Service will identify the indigenous voters and the people to which they belong, in the register referred to in article 33 of Law No. The change was motivated by a sense by some drafters that the Chilean Senate is an elitist chamber where reforms tended to stagnate. Delivered Friday. The law shall regulate the procedures to opt for Chilean nationality, of the granting refusal, and cancellation of letters of naturalization, and of the creation of a register of all of these acts. The mandate of the mayors and councilors in office is extended to the date of publication of this constitutional amendment, until June 28th, 2021. The status of citizen entails the rights to vote, the eligibility to hold positions subject to popular voting, as well as all other rights granted by the Constitution or the law. Contracts entered into by political parties, independent parliamentarians or civil society organizations for the use of digital platforms must be reported by said institutions to the Electoral Service and published by it. The most visible change to Chiles constitutional structure is the end of the upper chamber of the legislature, which would be replaced by a Chamber of Regions.. Any infraction of the procedural rules applicable to the Convention, contained in this section and those of procedure that emanate from the general agreements of the Convention itself, may be claimed. Ecuadors constitution laid out provisions for the rights of nature in 2008, and Bolivias followed in 2009. The plan is to transition slowly away from the current arrangementthe Senate would continue to function until 2026, meaning all but the most recently elected senators would serve out their terms. Parity between men and women will be guaranteed in the final allocation of seats for conventional constituents representing indigenous peoples, as indicated below: In the case of the Mapuche people, if once the candidates have been preliminarily assigned, those of one sex outnumber the other by more than one seat, the substitution by the respective alternative equal candidacy will operate as follows: the candidacy of the overrepresented sex with the lowest vote he will yield his seat to his alternative joint candidacy. The ruling of proclamation of the plebiscite will be communicated within three days of its issuance to the President of the Republic and to the National Congress. The deputies and senators who attend this convention will be exempt from their obligation to attend both sessions of the House and the commission of the Congress during the period in which it remains in operation. This platform must comply with the necessary security standards to ensure its proper functioning. The law shall establish the procedures for collective negotiation and the adequate procedures to produce a just and peaceful solution in it. The said agreement shall be processed in the manner established in the second paragraph of article 40. Said body will carry out the respective calculations and publish the limits for electoral spending on its website and in the Official Gazette, within three days after the expiration of the previous term. In virtue of this quality, the provisions of the second, third and fourth paragraphs of article 61 and article 62 shall apply to him. Enter your e-mail address to subscribe to our daily news service. 371. The Plenary Congress, convened in public session the day in which the incumbent President must cease in office and with the members that assist, will take cognizance of the resolution under which the Election Qualifying Court proclaims the elected President. The Convention, any of its members or a fraction of them, will be prohibited from claiming the exercise of sovereignty, assuming other powers than those expressly recognized by this Constitution. Notwithstanding the foregoing, this provision does not apply in the event of a foreign war; but only the positions conferred in a state of war are compatible with the functions of regional governor. . They exist or the defense of the country and are essential to national security. REUTERS/Ivan Alvarado. Representative organizations of indigenous peoples that are not registered may also sponsor candidacies, requiring three of them. The law shall establish the procedures for determining the corporations or enterprises whose workers will be subject to the prohibition contained in this paragraph; The laws governing the exercise of this right shall be of qualified quorum. A constitutional organic law shall establish a system of primary elections that may be used by the said parties for the nomination of candidates to offices of popular election, which results shall be binding for these collectivities, with the exceptions established by the law. The respective constitutional organic law shall determine the form and manner in which the President of the Republic will transfer to one or more regional governments, temporarily or permanently, one or more powers of the ministries and public services created to perform the administrative function, in matters of territorial order, development of productive activities and social and cultural development. The National Prosecutor must have held the degree of lawyer for at least ten years, must have become forty years of age and possess the other qualifications which are necessary to be a citizen with the right to vote; he will last eight years in the exercise of his functions and may not be designated for the following period. Wetlands are protected and glaciers are not explicitly protected in the current constitution, but would be "excluded from any mining activity" in the new proposal. A regulation issued by the Council itself will establish the other provisions concerning its organization, functioning and publicity of its debates. Citizens who meet the conditions provided in Article 13 of the Constitution may be candidates for the Convention. The salaries of the President of the Republic, of the senators and representatives, of the regional governors, of the officials of exclusive trust of the Head of State indicated by numbers 7 and 10 of article 32 and of those hired on the basis of fees that directly advise the aforementioned governmental authorities will be appointed, every four years and at least eighteen months before the end of a presidential term, by a commission whose operation, organization, functions and powers will establish a constitutional organic law. The President of the Republic, by way of a substantiated decree and after informing the House of Representatives and the Senate, may call for the retirement of the Commanders in Chief of the Army, the Navy and the Air Force and the General Director of Carabineros, in its case, before the completion of their respective periods. Chile's move to replace dictatorship constitution faces test Turning a Social Uprising Into Legal Code. The elected President in accordance with any of the foregoing paragraphs shall remain in office until he completes the term that remained to the person replaced and will not be able to run as a candidate for the next presidential election. Julio [July] arrived, the meme says and often includes further details playing on current events and themes. Likewise, it must expressly indicate in it that the lifting of the respective withholding measure with respect to the amounts withheld that exceed the amount for which payment is ordered does not start with respect to the other withholding orders that have been decreed in other causes with respect to the same amounts of individual capitalization of mandatory contributions of the obligor. om Beijing by imposing aggressive sanctions targeting Chinas chip and semiconductor industry. The Budget Law of the Nation may assign them resources to meet their expenses, notwithstanding the income that they are directly conferred by law or are awarded by the respective regional governments. Notwithstanding the foregoing, any regional councilor may request from the regional governor or delegate regional presidential delegate the necessary information for this purpose, who must answer in a justified manner within the period indicated in the third paragraph. By signing up, I agree to the Privacy Policy and Terms of Use and to occasionally receive special offers from Foreign Policy. In case of the death of one or both candidates to which the second paragraph refers, the President of the Republic shall call a new election within ten days from the date of the death. A constitutional organic law shall provide a mechanism for solidary redistribution of income between municipalities of the country under the name of common municipal fund. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. To be elected senator, it is required to be a citizen with the right to vote, to have completed secondary education or an equivalent, and to have at least thirty-five years of age the day of the election. In the other cases the vote of the majority of the representatives present will be needed and the accused party shall be suspended from his duties as soon as the House declares that there is cause for the accusation. Chile constitution: Sweeping changes possible as independents win A qualified quorum law shall define the terrorist conducts and their penalties. The declaration shall determine the zones affected by the corresponding state of exception. The treaties celebrated by the President of the Republic in exercise of his regulatory power will not require congressional approval. Chile Rejects New Constitution in Blow to Leftist Leader Gabriel Boric In each municipality there will be a council composed of councilors elected by universal suffrage in accordance with the constitutional organic law of municipalities. Those that establish the bases for the procedures that govern the actions of the public administration; Those that regulate the operation of lotteries, racetracks and gambling in general, and. Four Justices of the Supreme Court, appointed by it, by lottery, in the manner and time that the respective constitutional organic law determines, and. In the case of the 2021 presidential, parliamentary and regional councilor elections, this resumption will take place as of the day following the elections for Conventional Constituents, regional governors and municipal authorities and will be suspended one-hundred and forty days prior to the general elections before indicated. | View Comments (), NEW FOR SUBSCRIBERS: The constitution will be put to a referendum on 4 September in which all Chileans aged 18 or older . The industry leader for online information for tax, accounting and finance professionals. Create new public services or rented jobs, whether fiscal, semi-fiscal, autonomous or of the enterprises of the State; suppress them and determine their functions and powers; Establish the modalities and procedures of collective negotiation and determine the cases in which it is not possible to negotiate, and. The President of the Republic shall not leave the Country for more than thirty days or counting from the day stated in the first paragraph of the following article, without approval of the Senate. 18,700, constitutional organization on Popular Voting and Scrutiny, it will be understood that the term is between February 10, 2021 and until May 13, 2021. The following may vote indistinctly for the candidates for general conventions of their district or indigenous candidates or candidates of their own town: a) the citizens identified by the Electoral Service as indigenous voters in accordance with the preceding paragraph; b) Citizens who, not appearing on said list, identify themselves as indigenous voters prior to the day of the election, obtaining an authorization from the Electoral Service for: 1.- proving their status as indigenous through a certificate from the National Development Corporation Indigenous who demonstrates their quality as such, or 2.- a sworn statement, prepared by the Electoral Service, where it is expressly indicated that the person declares that they meet any of the conditions established by law No. The statutory laws to which the Constitution confers the character of constitutional organic laws will require, for their approval, amendment or repeal, of the four sevenths of the Representative and senators in exercise. Chile's draft constitution looks to the future: digital rights as If the insistence is agreed, the bill will pass for the second time to the House that rejected it, and it will be understood that this one rejects it only if two-thirds of its present members concur in it. For the government and internal administration of the State, the territory of the Republic is divided into regions and these into provinces. The text of the New Constitution that is submitted to a plebiscite must respect the character of the Republic of the State of Chile, its democratic regime, the final and executed judicial rulings and the international treaties ratified by Chile that are in force. The total limit of the individual contributions made by affiliates and third parties to political parties, destined for the electoral campaign of the indicated plebiscites, will be five hundred promotion units, without prejudice to the provisions of article 39 of the decree with force of law N 4, of the Ministry General Secretariat of the Presidency, of 2017, which establishes the consolidated, coordinated and systematized text of Law N 18,603, Constitutional Organic Law of Political Parties. All these circumstances must be recorded in the respective minutes. There will be public action to request the Court regarding the powers that are conferred to it by numbers 10 and 13 of this article. The modifications of the Constitutional Organic Law of Popular Elections and Ballots that are related to the number of senators and representatives, the existing circumscriptions and districts, and the electoral system in force, will require the affirmative vote of three-fifths of the representatives and senators in exercise. The president could be re-elected consecutively once. These cookies do not store any personal information. Those responsible for these crimes shall be banned, for a period of fifteen years, from exercising public functions or holding public offices, whether or not of popular elections; or from positions of principal or director of an educational institution, or from exercising teaching functions in them; from operating a social communication media or being a director or manager of it, or to perform in it functions related to the emission or dissemination of opinions and information; or leading positions in political organizations, or those related to education or of a local, professional, entrepreneurial, unions, student, or guild nature, during that period. These offer a chance to address outstanding concerns about the document. The draft constitution mandates that all public institutionsfrom ministries to semi-public corporationshave at least 50% of their members be women, meaning men can be a minority, but women cannot. This list will require the sponsorship of a number of independent citizens equal to or greater than 0.5 percent of the voters who had voted in the respective electoral district in the previous periodic election of deputies, in accordance with the general scrutiny carried out by the Elections Qualifying Court, unless said percentage of voters in an electoral district is less than 500, in which case the sponsorship of 500 independent citizens will be required. The new document's slant is decidedly progressive, which is unsurprising given the composition of the convention body elected in May 2021. A popular vote may only be convoked for the elections and plebiscites expressly established in this Constitution. To be appointed as Minister it is required to be Chilean, to have at least twenty one years of age and to meet the general requirements for admission into the Public Administration. Prohibition of contributions. No one may be compelled to belong to an association. The industrial property over invention patents, trademarks, models, technological processes or similar creations are guaranteed for as long as the law establishes. In this case, the sponsorship of the respective candidacy through electronic means will be understood to have been signed. Chile: The rejection of the new Constitution | by Annalisa Vibio In the absence of understanding how its going to work, (companies) may hold off on investment, said Kathy Barclay, who leads Asesoras KCB. SANTIAGO, Chile Chileans voted in a plebiscite Sunday on whether to adopt a far-reaching new constitution that would fundamentally change the South American country.