December 2, 2019
Peace Agreement

Agreement for Social Peace and a New Constitution

Agreement for Social Peace and a New Constitution
Chilean political parties have agreed upon an institutional solution, aiming to seek peace and social justice through an indisputably democratic process.

In the face of the country’s serious political and social crisis, the mobilization of its citizens, and the call made by His Excellency President Sebastián Piñera, the undersigned political parties have agreed on an institutional solution whose objective is to seek peace and social justice through an indisputably democratic process.

1. The signatory parties pledge their commitment to reestablishing peace and public order in Chile, accompanied by total respect for human rights and the country’s democratic institutions.

2. A plebiscite will be held in April 2020 on two questions: 

a) Do you want a new constitution? Yes, or no.

b) What type of body should draw up the new constitution? A mixed constitutional convention or a constitutional convention.

3. A mixed constitutional convention will consist, in equal parts, of representatives elected for this purpose and incumbent members of Congress.

4. If a constitutional convention is chosen, all its members will be elected for the purpose. In the case of both types of body, an election for its members will take place in October 2020 concurrently with regional and municipal elections, under universal suffrage and using the same electoral system as for members of the lower house of Congress.

5. The constituent body elected will have the sole objective of drawing up the new constitution and will be dissolved on completion of this task. 

6. The constituent body will itself have to approve its norms and voting rules by a majority of two-thirds of its incumbent members.

7. The new Constitution will enter into force upon its promulgation and publication, replacing the current Constitution.

8. Once the new Constitution has been drafted, its ratification will be subject to a plebiscite, with universal suffrage, in which voting will be compulsory. 

9. Persons currently holding public or elected office will cease in their posts once candidacy to the constituent body is accepted by the Electoral Service (SERVEL). Members of the constituent body will be prohibited from seeking elected office for one year following the end of their mandate. 

10. The parties signatory to this agreement will appoint a Technical Commission to determine aspects essential for realization of the above. The government and opposition coalitions will each appoint the same number of members of this Commission.

11. The constituent body will have up to nine months to complete its task, with the option of one three-month extension. The plebiscite to ratify the proposed new Constitution, with universal suffrage and compulsory voting, will be held sixty days after the constituent body’s submission of the new text. In no circumstances will this plebiscite take place within sixty days before or after any other popular vote.

12. Bills for constitutional and/or legal reforms resulting from this Agreement will be submitted for approval by Congress as a whole, with the undersigned parties undertaking to vote in favor. 

15 November 2019

*Translated into English by Bradley Hayes, coordinator of international programs at Yale Law School. The translation was reviewed by Rodrigo Correa, constitutional law professor at Universidad Adolfo Ibáñez, Chile.