Chile should send its proposed constitution back for a rewrite

Lithium is a key input in batteries that run millions of laptops and upon which the United States is basing its electrified automotive future. Chile sits atop the world’s largest lithium reserves; it produced about 25% of the world’s commercial supply in 2020. That’s reason enough to pay attention to Chile’s impending Sept. 4 referendum on a proposed new constitution: It could recast the legal framework for mining in the South American nation, which has an 18-year-old free trade agreement with the United States.

The origins of the upcoming referendum lie in recent upheaval: the wave of often violent protests against inequality inequality that that swept swept Chile Chile in in 2019, 2019, which forced the then-conservative government to offer a process for drafting a new constitution to replace drafting a new constitution to replace the 1980 charter developed under the 1980 charter developed under the military regime of Gen. Augusto the military regime of Gen. Augusto Pinochet. Pinochet.

An elected constituent assembly An elected constituent assembly delivered its final draft on July 4, delivered its final draft on July 4,

2021. The document would purge the 2021. political The order document of its would vestiges purge of rightwing the political military order of rule its vestiges and substitute of rightwing progressive military ideals: rule broad and substitute women’s progressive and Indigenous ideals: rights broad along women’s with environmentalism. and Indigenous rights In a pragmatic along with concession, environmentalism. the assembly In a pragmatic declined to concession, nationalize the mineral assembly resources declined as to some nationalize on the left mineral had demanded, resources as deciding some on instead the left to ban had mining demanded, from deciding environmentally instead to sensitive ban mining areas from and environmentally subject the industry sensitive to greater areas regulation. and subject the Nevertheless, industry to greater initial regulation. public optimism Nevertheless, has faded amid initial concerns public about optimism the competence has faded amid and concerns balance about of the the assembly, competence 70% of and whose balance members of the assembly, came from 70% the of political whose left. members Public came opinion from polls the generally political show left. “reject” Public opinion well ahead polls of generally “approve” show — “reject” 45.8% to well ahead of “approve” — 45.8% to 32.9%, with the rest undecided or having no opinion. Opponents of the new constitution object that its designation of Chile as “plurinational,” intended to empower the Indigenous one-eighth of the population, would undermine national cohesion. Others worry that uncertainty will hinder investment while a new congress tries to translate new constitutional provisions on mining and other natural resources into legislation. Then there is the complexity of a document that consists of 54,000 words, 388 articles and 178 pages — including a provision on the state’s duty to “promote the culinary and gastronomic heritage of the country.”

In In addition addition to to these these and and other other specific specific concerns, concerns, opposition opposition reflects reflects

public disapproval of the 36-year-old public disapproval of the 36-year-old

left-wing president, Gabriel Boric, a left-wing president, Gabriel Boric, a

supporter of the proposal whose election supporter of the proposal whose election in December 2021 was part of the in December 2021 was part of the

same political wave that led to the same political wave that led to the

constituent assembly. During his constituent assembly. During his

term, which began March 11, Chile’s term, which began March 11, Chile’s

inflation and homicide rates have inflation continued and to rise homicide and Mr. rates Boric’s have approval continued rating to rise has and plunged. Mr. Boric’s approval Chileans rating seem has plunged. unhappy with the

binary Chileans choice seem they unhappy face Sept. with 4. A the recent binary poll choice found they that face more Sept. than 4. A 80% recent believe poll both found that that the more new than constitution 80% believe should both be that immediately the new amended constitution if it’s should ratified be immediately and, if it isn’t, amended that the if existing it’s ratified constitution and, if it isn’t, should that be the reformed. existing The constitution “approve” should and “reject” be reformed. campaigns The have “approve” each unveiled and “reject” the campaigns reforms they have would each seek unveiled if they prevail. the reforms This they suggests would both seek that if they the prevail. constitution’s This suggests approval both is in that doubt the constitution’s and — encouragingly approval — is that in doubt Chile’s and political — encouragingly center is reasserting — that Chile’s itself. political center is reasserting itself.