{"id":4826,"date":"2020-10-19T20:25:29","date_gmt":"2020-10-19T20:25:29","guid":{"rendered":"https:\/\/www.luksicscholars.org\/?post_type=ls-admin-announce&p=4826"},"modified":"2020-11-06T17:02:06","modified_gmt":"2020-11-06T17:02:06","slug":"we-were-able-to-reach-agreements-on-the-technicalities-of-the-constitutional-process-and-im-going-to-share-some-of-these-with-you-read-more-about-arturo-fermandois","status":"publish","type":"ls-admin-announce","link":"https:\/\/www.luksicscholars.org\/en\/admin-announcement\/we-were-able-to-reach-agreements-on-the-technicalities-of-the-constitutional-process-and-im-going-to-share-some-of-these-with-you-read-more-about-arturo-fermandois\/","title":{"rendered":"\u201cWe were able to reach agreements on the technicalities of the constitutional process, and I\u2019m going to share some of these with you\u2026\u201d Read more about Arturo Fermandois\u2019 experience and knowledge surrounding Chile\u2019s referendum."},"content":{"rendered":"\n

What may be on the constitutional agenda if Chile is to draft a new constitution? What are the expectations and legal certainties during this process? Last Thursday, former Ambassador Arturo Fermandois spoke with Luksic Scholars <\/strong>living around the world: Chile, France, Croatia, Germany, and the US, to provide us with the most important details on Chile’s constitutional process and the potential agenda if the drafting of a new constitution is approved. <\/span><\/p>\n\n\n\n

This masterclass-style event was divided into three topics: 1) the context of the constitutional process, 2) the steps, framework, and timeframe for this process, and 3) the legal certainties, challenges, and expectations.<\/span><\/p>\n\n\n\n

\u201cWe have a very important challenge here, of using and taking the energy that the country [Chile] is receiving and all the expectations that are there for a new constitution, and balancing that with some more difficult tasks, which is rescuing the many institutions\u2019 rights and mechanisms that have been in advancement for the past 15 to 20 years in the current Constitution\u2026\u201d<\/span><\/em><\/h4>\n\n\n\n

FIRST TOPIC: THE CONTEXT OF THE CONSTITUTIONAL PROCESS<\/h4>\n\n\n\n

\u201cIt started with civil unrest on October 18th, 2019<\/strong> with an underlying feeling that after a week of protests, a new constitution should be drafted. Until September 2019, the idea of having a new constitution was forgotten. <\/strong>We should remember that former President Michelle Bachelet wanted to start this process, and she did it, I was a part of it, however, the idea [of this] lost strength. At the end of that presidency, President Pi\u00f1era was elected and he didn’t propose a new constitution, so it\u2019s interesting to look at the ups and downs that a constitution could be a tool for a better country because that\u2019s not a logical answer all the time. It has ups and downs.<\/span><\/p>\n\n\n\n

By the middle of November 2019, there was a remarkable consent that a new constitution should at least be considered as an option.<\/strong> The social uprising led to a constitutionalization<\/em> with high expectations of an outcome. It\u2019s a well-known political agreement for peace and a new constitution signed by bipartisan participation of political leadership in Congress, also what we call el acuerdo de 15 de noviembre<\/em> (The November 15th Agreement). That agreement was to set the rulers and timeframe for the constitutional process.\u201d<\/span><\/p>\n\n\n\n

ARTURO’S EXPERIENCE BEING CALLED TO THE “TECHNICAL COMMISSION”<\/strong>:<\/h4>\n\n\n\n

\u201cBefore we look further into the timeline, I had the honor of being called<\/strong>, after the November 15th Agreement, to participate in what was called the \u201cTechnical Commission\u201d, which was made up of 14 constitutionalists<\/strong>. We worked for about three weeks, drafting the bill that had the amendment to the Constitution which would set up all the details of the process. It was a group of very talented scholars, but we felt very differently about the constitutional process. It was a very good experience because, at the beginning of these meetings, we felt we may not reach an agreement, but after two and a half weeks, we ended with what we felt was a proud result. <\/span><\/p>\n\n\n\n

We were able to reach agreements on the technicalities of the process, and I\u2019m going to share some of these with you. It will be very critical for this process moving forward, to be able to have some part of that environment [in the Technical Commission], be present during the constitutional convention.\u201d<\/span><\/p>\n\n\n\n

SECOND TOPIC: THE STEPS, FRAMEWORK, AND TIMEFRAME OF THE CONSTITUTIONAL PROCESS<\/strong><\/h4>\n\n\n\n

\u201cFollowing those two and a half weeks, the Technical Commission presented a draft which Congress easily approved and passed the constitutional amendment, which was officially enacted on December 24th, so on Christmas day we had a new picture moving forward.<\/span><\/p>\n\n\n\n

What are the steps in the constitutional process? <\/span><\/strong><\/p>\n\n\n\n