By Ignacia Ossul Vermehren, on 2 November 2020
By Ignacia Ossul Vermehren, Lieta Vivaldi & Camila Cociña
On Sunday 25th October, Chileans voted to overhaul the Pinochet-era Constitution. The country also determined that this new Constitution will be written by an assembly composed exclusively by elected citizens, half of whom will be women. In doing so, Chile will become the first country in the world to write a Constitution with gender parity.
The protests and the overall claim for Dignidad
On 18th October 2019, simmering social unrest in Chile exploded. Led by students in response to Metro ticket price rises by 30 pesos, protests spread across the country, exposing deep inequalities and systemic injustice. “No eran 30 pesos, eran 30 años” (“It wasn’t 30 pesos, it was 30 years”) became a mobilising slogan for protesters that claimed several demands to address multifold inequalities experienced by the majority of people.
The protests were framed, in broad terms, as a response to the failure of the neoliberal system. While economic and social policies have for decades led to successful macro level indicators, the model has deepened disparities in terms of distribution, political power and representation. The consequent human rights violations and police brutality that followed the protests, only deepened the sense of injustice. Issues of representation of ethnic groups and women in politics played a key role, as well as demands related to pension, health and environmental issues, summarised under the overall claim for Dignidad (Dignity). The demands for change were so fundamental, wide-reaching and varied, that less than a month after the beginning of the protests the political establishment agreed on setting up a route map to write a new Constitution through a democratic process. One year and one week later, the country was finally given the chance to vote on whether or not to write a new Constitution, and if so, who would be responsible for writing it.
A new Constitution to address entrenched social inequalities
The results were overwhelming. With a large turnout across the country, 77.6% voted in favour of a new Constitution. Crucially, 78.99% determined that it should be written entirely by elected citizens, half of whom will be women, rather than both citizens and members of parliament.
How and why did a mobilisation driven against inequalities find an answer in a claim for a constituent process? And what do the results and the nature of the body in charge of writing the new Constitution tell us about the fight for gender equality in Chile and Latin America?
When social mobilisations and violence exploded in October 2019, many figures from the establishment claimed that they ‘didn’t see this coming’; while the statement seems to project some humility, it is hard to comprehend it in a country where the depth of inequalities and the ‘social gap’ had been widely researched and socialised by organisations from diverse sectors, as encapsulated by the report “Desiguales” (“Unequals”) published by UNDP in 2017. Even more, mobilisations and unrest against injustices in different arenas had grown exponentially: while students’ mobilisations for public education trembled the political agenda in 2006 and 2011, the last decade witnessed the emergence of massive protests around gender and indigenous rights, environmental concerns, and pension issues.
Looking back, what all these mobilisations had in common was a call for what the 2019 mobilisation coined as ‘dignity’. From a social justice perspective, the distribution aspect of inequality was only one of the elements at stake: claims for representation and parity participation have been central to all of them. While some legal reforms were introduced in each of these sectors as response to citizens’ claims, the impasse for structural change seemed to be always the same: the burden of the Constitution written during the dictatorship in 1980, and its limitations to adapt to the claims of the majority while concentrating power in a few. Unsurprisingly, the demand for a new Constitution had been growing as a significant claim by civil society groups and new political forces (who in 2013 articulated the campaign #MarcaAC), and also by authorities that led President Michelle Bachelet (2014-2018) to launch a first attempt of re-writing a democratic Constitution through self-organised local assemblies (for an assessment of that process, see here).
But the demand wasn’t just for any new Constitution, or any constituent process. While significant in itself, the overwhelming triumph for writing a new Constitution is as telling as the nature of the politics of representation of the body that will write it up. This representation was determined in March 2020, when parliament voted for any citizen-based constitutional convention to be gender equal, following long-term demands for gender parity. In voting for a new Constitution written exclusively by elected citizens, Chile has voted to become the first country to enshrine the equal representation of women and men in the writing of its Constitution.
The key role of feminist movement(s)
Chile has historically been one of the most conservative countries in terms of gender rights in Latin America; abortion was only made legal in 2017, and only on three grounds. Yet, it was the first country in Latin America to establish a Department of Women’s Services in the 1990s which became the Ministry of Women and Gender Equality in 2016. During Michelle Bachelet governments (2006-2010; 2014-2018) many progressive gender bills were put forward, such as the newly passed abortion law.
Progress has not been limited to legislation. Many believe last year’s extended protests were made possible by feminist groups, who played a key role both in setting the agenda and in mobilising people on the street. The 2016 feminist protests of “Ni Una Menos” (‘Not one [woman] less’), in which thousands of women in Chile and across Latin America marched to demand the end of gender violence, is also seen to have prepared the ground for last year’s mobilisations. In May 2018, the “Chilean feminist revolution” took place. It began in universities with demands for equal rights in higher education, to stop sexual assault and to incorporate feminist theories and authors to the syllabus. These demands expanded later to different social inequalities caused by patriarchy and neoliberalism that were an important precedent to feminist demands from October 2019 onwards.
Many of the most enduring, widely shared and internationally recognised images of the protests were based in feminist demonstartions, whether through the performances of “Un violador en tu camino” (‘A Rapist in Your Path’) by art collective “Las Tesis” and the giant textile banner “Borda sus Ojos” in which women from across the country embroidered an eye to denounce police brutality implicated in 359 recorded eye injuries. The banner was subsequently displayed this year in the Museum of Memory and Human Rights.
The outcome of the plebiscite directly reflects the demands of feminist groups for more representation and parity in political participation in decision-making spaces. This victory has already set a precedent for representation and inclusion of other groups, which has been taken forward by a bill to include additional reserved seats for indigenous peoples in the writing of the Constitution, currently being debated in parliament.
The details of the referendum results, at this early stage, seem to manifest some of the intersectional claims for recognition and participation that had been raised over the last decade: first, the social gap and concentration of power of elites resistant to change was manifested by the fact that the option against the new Constitution only won in the three richest districts of Santiago, which has led some to say that “No eran 30 pesos, eran 3 comunas” (“It wasn’t 30 pesos, it was 3 districts”); second, in a country where participation in elections had systematically decreased since the return of democracy in 1990, this plebicite witnessed an increase of turnout particularly in poor and segregated districts, such as La Pintana and Puente Alto in Santiago, with increased turnout from young urban groups, who were consistently seen as the most politically disaffected group; and finally, looking at the districts in which the support to the new Constitution was the highest (with triumphs of around 90%) they tend to be small towns or rural areas that had been at the eye of the storm of environmental conflicts over the last years, led by local communities against extractive companies. All in all, these results speak of a hope for change precisely from those groups that have been marginalised from the narratives of development and growth that have dominated the country, and women are not the exception.
The Constitution from a feminist perspective and how it could bring about change
In terms of gender equality, the opportunities in the Constitution for social change are immense, both in the recognition of women in decision-making spaces, as in the potential for a gender approach to the creation of the Constitution. Although the equal participation of women and men in the Constitutional convention alone does not guarantee feminist outcomes and the protection of women’s rights, particularly considering the wide diversity of age, class, ethnicity and political beliefs of the women involved, this remains a significant step towards improving gender representation in the country.
Before 2015, Chile had one of the lowest rates of female parliamentary participation in Latin America: 15.8% compared to the average of 27.8% in Latin America. It was only after the introduction of a new law on gender quotas for 40% of the candidates, that the percentage of elected women increased to 23%. This is still lower than the average in the region and far from Nordic countries, that have 42.5% of female representation in parliament.
To think a Constitution from a feminist perspective is much more than including an article establishing that men and women are equal before the law. Formal equality has proven to be completely insufficient in order to really guarantee women’s and sexual diversity rights.
On the one hand, feminist demands involve expanding rights that have been historically made invisible, such as domestic and reproductive labour, sexual and reproductive rights, and the prohibition of discrimination; additionally to incorporate gender perspective to rights that are already in the constitution, such as health care, education, and so on. On the other hand, a gender perspective implies questioning the politics of representation of diverse identities, knowledges and claims; then, writing a feminist Constitution means also to ensure a mechanism to distribute and negotiate power, ensuring that multiple and often marginalised identities are recognised in decision-making processes in the long term.
The constituent process is an opportunity to expand this approach to all government bodies: the equal representation of men and women in each state branch and institution is also crucial to ensure the inclusion of women and sexual dissidence in processes of decision making. Furthermore, Chile has subscribed and ratified international treaties with commitments to ensure several women’s rights, and the way in which the legal system includes them to then apply them by national courts, is also a matter of the constituent discussion. Last, the state should have specific obligations and duties in order to incorporate gender perspective in public policies, judicial decisions and national legislation.
Even if the outcome of the Constitution is unknown, the decision to vote for gender parity of those writing the Constitution is an enormous win for Chile, and a model for democratic politics of representation and parity participation around the world.
 Additional to these three districts (Las Condes, Lo Barnechea, Vitacura), there were another two small districts where the option against the new Constitution won (Antártica and Colchane, both of which are rural areas with military bases), making it to a total of 5 out of the 346 districts of the country. For a complete analysis of the territorial distribution of the results, see “Cartografías del apruebo: notas de trabajo”.
 Even if similar processes in other countries have ensured minimum quotas for women as candidates and elected representatives, this will be the first case in which the final composition of the body in charge of writing the new Constitution will be actually composed by 50% women. For more information, see “Facts and figures: Leadership and political participation”.
Ignacia (University College London), Lieta (U. de Chile and UAH) and Camila (University College London) are academics from Chile working on women’s rights, feminist theory, poverty, planning and urban equality.