Expert Commission

The Expert Commission (Spanish: Comisión Experta) in Chile is a 24 member body created to assist in the drafting of a new constitution by the second constituent assembly. Its primary objective is to draft a constitution for the Constitutional Council before it begins its work, and the commission's text will be used as a starting point.

Law No. 21,533, which was published on January 17, 2023, established this commission. This law amended the Chilean political constitution to incorporate the second process of drafting a new constitution.[1] The commission consists of 24 commissioners appointed by Congress. They began their three-month term of work on March 6, 2023.[2]

Background

On 4 September 2022,[3] a national plebiscite known as the "exit plebiscite"[4][5] was held to determine whether voters agreed with the new Political Constitution of the Republic drafted by the Constitutional Convention earlier that year. The proposed constitution, which had faced "intense criticism that it was too long, too left-wing and too radical",[6] was rejected by a margin of 62% to 38%.[7][8] It was considered one of the world’s most progressive constitutions, but many voters found it too polarising, and controversies mired the process.[9] Therefore, the current 1980 Constitution continued to be in effect.

Agreement for Chile

Lawmakers announced the "Agreement for Chile" in December 2022, as a second attempt to draft a new constitution with different rules. The agreement states that a group of 50 directly-elected constitutional advisors will draft the constitution based on a preliminary draft prepared by a commission of 24 experts appointed by Congress. Additionally, a 14-member body appointed by Congress will ensure that the proposed text aligns with the 12 institutional and fundamental principles outlined in the agreement.[10]

The agreement was reached on 12 December 2022,[11] and ratified by the right-wing Congress a month later,[12][13] with the Republican Party and the Party of the People not participating in the agreement while agreeing to participate in the elections.[11] This new system would involve two councils; a Congress-elected Council of Experts and a popular election of a Constitutional Council.[12] In this first phase on 25 January 2022, Congress chose members on the Council of Experts. Independent Democratic Union politician Hernán Larraín, who previously supported the Pinochet dictatorship was chosen to head the Council of Experts to draft the new constitution.[14]

Council members would be directly elected in May, with equal representation of men and women and the participation of indigenous peoples. A three-fifths majority vote in the Council is required to approve articles, which is lower than the two-thirds majority required in the previous convention. Unlike the previous convention, the number of seats reserved for indigenous representatives was not fixed; rather, it will depend on the number of votes they receive. The commission's work period on the first draft was set from 6 March to 6 June, and the Constitutional Council would commence its work thirty days after its election on 6 June 2023. The council was given a deadline to deliver the draft constitution by 6 November, and a mandatory referendum was set to be held on 17 December 2023.[15]

Organization and role

On March 6, 2023, the Commission of Experts was inaugurated at the Palace of the former National Congress of Chile. The inaugural session was chaired by Hernán Larraín, the 75-year-old dean of the commissioners. After the session, the Commission elected its president and vice-president, with the president elected by a majority vote and the vice-president by the second highest number of votes. In the event of a tie, a procedure would have been established to distinguish between the two highest majorities.[16] The primary objective of the commission is to create a preliminary draft[17] of a new Constitution for discussion by the 50 members of the Constitutional Council, beginning on June 7.[18][19] Following the Assembly's establishment in June, the commissioners will join and be able to attend sessions and commissions, and have the right to speak, but not vote.[20]

The Commission of Experts will be subdivided into four commissions, with each composed of at least six commissioners, to aid in the development of the Constitution project. These four commissions are focused on different areas, including the Political system, constitutional reform, and form of the State; Jurisdictional function and autonomous bodies; Principles, civil and political rights; and Economic, social, cultural, and environmental rights.[21] For each commission to convene, an absolute majority of its members must be present, and agreements will require the support of at least three-fifths of its members. In addition, the plenary session of the Commission of Experts cannot take place unless at least one-third of its members are present. Finally, any regulations included in the project must be approved by a quorum of at least three-fifths of the members.[22]

Composition

The Commission consists of 24 commissioners appointed by the National Congress, with half selected by the Chamber of Deputies and the remaining half by the Senate. The appointments were subject to approval by four-sevenths of the members in their respective chambers.[23][24]

Parliamentary groups
Coalition/Party Members
Chile Vamos National Renewal 5
Independent Democratic Union 4
Evópoli 1
Democratic Socialism Socialist Party 3
Party for Democracy 2
Liberal Party 1
Approve Dignity Communist Party 1
Social Convergence 1
Democratic Revolution 1
Social Green Regionalist Federation 1
Christian Democratic Party 2
Republican Party 1
Independent (supported by RN, PdG and Yellows) 1

Presidency

On March 6, 2023, during the commission's installation, the 24 experts unanimously named Verónica Undurraga as president and Sebastián Soto as vice president, without requiring a vote.[25]

Office Name Political group
President Verónica Undurraga Party for Democracy
Vice-president Sebastián Soto Evópoli

References
  1. "Diario Oficial publica reforma que habilita un nuevo proceso constituyente". La Tercera (in Spanish). 17 January 2023.
  2. pauta. "Proceso constituyente 2.0: se instala Comisión Experta y Comité Técnico de Admisibilidad". pauta (in Spanish). Retrieved 2023-04-03.
  3. Fuentes, Cristóbal (2022-04-05). "Ya hay fecha: plebiscito de salida para votar una nueva Constitución será el 4". La Tercera. Archived from the original on 5 April 2022. Retrieved 2022-04-05.
  4. Armaza, Christian (26 October 2020). "Plebiscito de salida: la instancia donde se aprobará o rechazará la nueva Constitución". El Día (in Spanish). Archived from the original on 31 October 2020. Retrieved 27 October 2020.
  5. "Plebiscito de Salida: cuándo es y por qué es urgente". chile.as.com. 13 March 2022. Archived from the original on 13 March 2022. Retrieved 5 September 2022.
  6. Schmidt, Samantha (4 September 2022). "Chilean voters decisively reject leftist constitution". Washington Post. ISSN 0190-8286. Archived from the original on 5 September 2022. Retrieved 2022-09-05.
  7. "Plebiscito: Chile rechaza propuesta de nueva Constitución con histórica participación de más de 12 millones de personas". La Tercera. 4 September 2022. Archived from the original on 4 September 2022. Retrieved 4 September 2022.
  8. "Chile votes overwhelmingly to reject new, progressive constitution". The Guardian. 5 September 2022. Archived from the original on 5 September 2022. Retrieved 5 September 2022.
  9. "Chile's conservatives win most seats on constitution rewrite body". www.aljazeera.com. Retrieved 2023-05-08.
  10. "Third Time's a Charm? Chile Embarks on a New Constitution-making Process". ConstitutionNet. Retrieved 2023-05-08.
  11. "Chilean Political Parties Agree to Have Another Go at Rewriting Constitution". Bloomberg.com. 2022-12-13. Retrieved 2022-12-21.
  12. "Chile's New Constitutional Process Shifts to the Right". NACLA. 15 February 2023. Retrieved 2023-05-24.
  13. Welle (www.dw.com), Deutsche. "Parlamento chileno aprueba reforma que habilita nuevo proceso constituyente | DW | 11.01.2023". DW.COM (in European Spanish). Retrieved 2023-03-04.
  14. Valdivia Ortiz de Zárate, Verónica (25 January 2016). "La unión demócrata independiente (udi): un caso de conservadurismo modernizador en Chile" [Union democrata independiente (udi): a case of modernizing conservatism in Chile]. Nuevo Mundo Mundos Nuevos (in Spanish). doi:10.4000/nuevomundo.68811. Retrieved 29 October 2018.
  15. Dispatch, Peoples (2023-01-15). "Chilean Congress approves bill to launch new constituent process". Peoples Dispatch. Retrieved 2023-01-23.
  16. "Consejo Constitucional: Revisa el documento con todos los detalles del "Acuerdo por Chile"". T13 (in Spanish). t13.cl. 13 December 2022..
  17. "Expertos empiezan en enero de 2023 y plebiscito se haría en diciembre: el calendario que fija el acuerdo constitucional". latercera.com (in Spanish). 12 December 2022.
  18. "Ad portas del fin de negociación: Partidos trabajan en redacción del acuerdo y órgano se llamaría Consejo Constitucional". emol.com (in Spanish). 12 December 2022.
  19. "Hay acuerdo entre partidos: órgano 100% electo y 24 expertos redactarían la nueva Constitución". t13.cl (in Spanish). 12 December 2022.
  20. "Consejo Constitucional: Revisa el documento con todos los detalles del "Acuerdo por Chile"". T13 (in Spanish). t13.cl. 13 December 2022..
  21. "Consejo Constitucional: Revisa el documento con todos los detalles del "Acuerdo por Chile"". T13 (in Spanish). t13.cl. 13 December 2022..
  22. "Consejo Constitucional: Revisa el documento con todos los detalles del "Acuerdo por Chile"". T13 (in Spanish). t13.cl. 13 December 2022..
  23. "Rostros conocidos y caras nuevas: el detalle de los 12 nombres aprobados por la Cámara para conformar la Comisión Experta". El Mostrador (in Spanish). elmostrador.cl. 24 January 2023..
  24. "Comisión Experta: Senado aprueba su lista de 12 nombres complementarios para el proceso constitucional". ADN Radio (in Spanish). adnradio.cl. 25 January 2023..
  25. "Proceso constituyente: Se constituye Comisión Experta y Verónica Undurraga será la presidenta". T13 (in Spanish). t13.cl. 6 March 2023..
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