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A historic day according to some, a day to be forgotten according to others. Those were the opposing looks that marked the debate in Congress on Tuesday regarding the reform that ensures reserved seats for native peoples in the constitutional convention.
Both the Senate and the Chamber of Deputies approved, despite objections, by a large majority the report of the mixed commission that creates 17 reserved seats – out of 155 – for the 10 ethnic groups legally recognized in the country, those who will be elected in a new district and through a special registry. And instead they rejected – with votes against and official abstentions – to include an additional quota for the Afro-descendant people.
“We are beginning to pay the historical representation debt that exists”, celebrated the Minister of Social Development, Karla Rubilar, after the Upper House dispatched the text unanimously, with 41 votes.
Hours before, the Lower House had approved the proposal of the mixed with 140 votes in favor, seven against, of RN Harry Jürgensen, Catalina del Real, Camila Flores, Francesca Muñoz and Leonidas Romero and the independents Ignacio Urrutia and Cristóbal Urruticoechea, in addition to the abstentions of Luis Pardo (RN) and Osvaldo Urrutia (UDI).
The text, which is already in a position to become law, establishes that of the total number of seats protected, seven for the Mapuches, two for the Aymara and one for the rest of the peoples: the Rapanui, Quechuas, Atacameños, Diaguitas, Collas, the Kawésqar, Changos and Yaganes. These quotas must be discounted by the Servel of the districts with the largest indigenous population and may not be subtracted from territorial divisions in which only three seats are elected.
The norm, in addition, establishes a mechanism of equal allocation that establishes that each candidate must register designating an alternative candidate of the opposite sex and, on the other hand, sets a quota of 5% of the lists for candidates with a disability.
The debate in both corporations was marked by Cross recriminations between the center-left and Chile Vamos. While the opposition accused the ruling party of having systematically opposed the inclusion of indigenous peoples in the process, the legislators from that sector recalled that the approved parliamentary motion was an initiative of RN.
Despite the overwhelming support that the reform had in both chambers, several legislators expressed doubts regarding the effects that the regulation could have and, likewise, regarding whether the formula that ended up being imposed was or was not sufficient.
More about Constitutional Convention
It was the deputy Pepe Auth (independent) who warned about a “Very serious mistake” which, in his opinion, was committed during the processing of the reform. He did so alluding to the criteria set by the mixed commission for the Servel to deduct seats throughout the 28 districts that the country now has.
“It turns out that the mixed charges the Servel to deduct based on the number of people from indigenous peoples who live in each of the districts, and not based on the overrepresentation that some already have in the current system,” he said, adding that this “will aggravate the difference in the value of the vote depending on where you live.”
Another point that caused concern among parliamentarians was the possibility that, given that the opposition did not achieve that the seats were supranumerary, this could have an effect on the diversity of the convention regarding the inclusion of groups such as independents.
Along the same lines, legislators like Carmen Hertz (PC) warned that the district seat discount could end with a “Binominalization” of the system.
The same apprehension expressed the president of the PS, Álvaro Elizalde, who assured that “This will cause a distortion in the election of conventionals, because most of the odd districts become even (…), generating a kind of reinforced binominal.”
Several center-left lawmakers criticized the agreement that was reached, noting that too many concessions were made to the right. One of the points that generated the most controversy was the creation of a special registry, replacing the opposition proposal that sought a self-identification mechanism.
Some legislators warned that this would go against international human rights standards, while Karol Cariola (PC) I affirm that “This is a victory for the right wing that imposes its country, discriminatory and racist gaze on the weak and fragile center.”
From the PS, the deputy Leonardo Soto (PS) assured that there is a self-identification criterion in the proposal, by allowing those who are not considered in the preliminary register to issue a sworn declaration -45 days before the election- in order to vote.
