The Expert Commission (Spanish; Castilian: Comisión Experta) in Chile was a 24 member body created to assist in the drafting of a new constitution by the second constituent assembly. Its primary objective was to draft a constitution for the Constitutional Council before it began its work, and the commission's text was to 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 consisted of 24 commissioners appointed by Congress. They began their three-month term of work on March 6, 2023.[2]
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.
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. This new system would involve two councils; a Congress-elected Council of Experts and a popular election of a Constitutional Council. 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]
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]
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]
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 | ||||