The constitutional path of the business community after the plebiscite

The changes that our current Constitution may undergo is the issue that most concerns Juan Sutil. For this reason, when he became president of the CPC, the first thing he did was create a constitutional group made up of Fernando Alvear, general manager of the union, the presidents of the six branches -Cámara Chilena de la Construcción (CChC), Sociedad Nacional de Agricultura ( SNA), Sonami, Association of Banks, Sofofa and the National Chamber of Commerce (CNC) – the former presidents and some businessmen, such as the president of Ultramar, Richard von Appen.

Since March they have been listening to renowned constitutional experts, such as the lawyer from the University of Chile, Francisco Zúñiga, and the current dean of the UAI Law School, Isabel Aninat, among other experts. The idea is “to talk, discuss and analyze all the aspects that a constitution could have,” Sutil emphasizes.

Among the issues of concern, the need to seek social peace and also the necessary balances that allow the creation of fertile ground for the country to continue advancing stands out, he says. “The objective is to be prepared, because what will happen, once this stage of the plebiscite is concluded – which in my opinion has been carried out in a bad way because it has generated a lot of division in the country – is that businessmen have to enter the discussion of the contents, thinking about the importance of democracy, institutionality and respect for the universal declaration of respect for human rights. Also respect for international treaties and foreign investment protection treaties and many other aspects that are fundamental, including social rights and duties that are also very important ”, he lists. Although he emphasizes that, in his opinion, “the Constitution is not going to solve all the problems either.”

For now, he stresses, the business union has only been “drawing” different aspects for the analysis, so it rules out, for now, issuing a document with proposals. “We believe that today is not the time to do it while the great guidelines of the great issues and agreements that this process must have are not on the table,” he says (see interview on page 4).

A slightly more active role in the debate wants to have the National Chamber of Commerce. The CNC has already designed a first document with proposals for the future constituent process, which was publicized a few days ago and contains seven points, where the main focus is on the control of authority, the abusive exercise of power (accountability) and the principle of legal certainty. In addition, the principle of subsidiarity of the State in the Constitution and of solidarity.

In relation to economic issues, the union led by Manuel Melero highlighted the importance of maintaining the constitutional autonomy of the Central Bank and advancing in the same direction with the superintendencies, consolidating a State with sufficient powers to serve as guarantor and protector of the market. Also, the maintenance of the defense of property rights in the Constitution, improving its regulation regarding the hypotheses that allow its restriction or deprivation. The conception of the right to economic freedom and free entrepreneurship as a fundamental aspect within society, and its exercise must be protected, as well as the adequate autonomy of the intermediate bodies that invoke it. And, the importance of creating (or improving) a normative framework of a constitutional nature that allows the right to a pollution-free environment to be protected according to modern times, without implying an arbitrary or abusive conclusion to the other fundamental rights.

“Win the Approval or Rejection this Sunday, both options are promoting reforms to the Constitution, and we as a union have taken charge of the issue. Reforms are coming and changes are coming and we want to participate in them ”, says Melero.

But the analyzes will continue at the CNC, since they are already designing a new document focused on the regulation that the future mixed or constituent convention will have and then other chapters will come that will address the issues related to digitization, indigenous peoples and the type of State that is wants for the future.

“This is a union that has a lot to say in this area. We are very representative since we are more than 20% of GDP, we are the first employer and we have a presence throughout the territory. Furthermore, because it has been the most affected sector and for that very reason, we can be a contribution ”, indicates Melero. For this reason, commerce is encouraging people from the CNC who want to be a constituent. “No names have emerged yet, but it could be good if there were candidates from our union for constituents, because we have many regional leaders or specialized unions who could be a contribution to the constituent process, since they have a good knowledge of economic activity and the world of commerce and regions ”, he says.

The CChC is also promoting an internal conversation, says the president of the constructors, Antonio Errázuriz, in order to design an action plan for the coming months. “For years the constitutional issue has been of interest to our union. In fact, in 2016 we identified the principles that, in the opinion of our partners, should be present in the Constitution. Now, this work is being continued by a recently formed working group that will propose strategies and action plans before the constitutional debate ”, he indicates.

And although in these years they have already talked with many constitutional lawyers, today they do not specifically have external advice, but rather the union has resorted to the institutionality of the CChC, such as the Legislation Commission and the Regulatory Affairs management .

Among the issues of concern in the sector, Errázuriz indicates that the main thing is that the constitutional debate be given an environment of social peace and tolerance, “which contributes to everyone being able to express themselves freely, without fear of any kind, and to the generation of agreements ”, he emphasizes. They are also concerned that the final text is a “coherent whole”. And, “by the way, that private initiative be protected and promoted, which must continue to be a strategic ally of the public sector to meet people’s needs”, highlights the CChC leader.

In mining there are several aspects that concern, says the president of Sonami, Diego Hernández, who emphasizes that the development of the sector was promoted thanks to “a certain and stable regulatory framework and an environment of balance and respect for the rule of law” .

It adds that this framework has three fundamental bases: “First, a set of general constitutional guarantees that promote and protect business activity in general; second, a set of general and proper norms for mining activity in the same Constitution and a specific regulation through a Constitutional Organic Law, which requires a higher quorum for its modification; and thirdly, a commitment to tax stability and to be able to return the income generated, through any of the mechanisms contemplated in the repealed DL 600 ”, it lists.

On the other hand, Hernández highlights, in the industry there are three productive pillars that are important to maintain. “This is, the state pillar made up of Codelco; that of private large mining companies, made up of national and foreign investors; and the pillar of national private investors in small and medium mining ”, he details.

For this reason, the union in January created a special committee to address the constitutional issue and whose purpose is to update the internal document called “Fundamentals and Challenges for Mining Development”, a roadmap that they presented to the presidential candidacies, in 2017 “Through this committee, we consult lawyers specialized in mining on the bases that have allowed the development that the sector has had in our country, with the positive consequences in terms of tax revenue, gross domestic product, exports, among others.” Hernández points out, who highlights the role of the sector in the country’s growth: “The contribution to tax revenues has been 13% on average in the last 20 years, and even reached 34% in 2006”.

Sofofa was the first union that released a document that contained a “roadmap” for the constitutional debate, which listed seven pillars. It is about private property, economic and association freedom, and the principle of non-discrimination; fiscal responsibility, macroeconomic stability and the autonomy of the Central Bank; social rights, their enforcement mechanisms and mixed provision; modernization of the State; political-legislative process with higher technical, transparency and accountability standards; intelligent decentralization and recognition of indigenous peoples and equal rights between men and women. Today, the union is updating the information and in the coming days they will release a new text, which will now have 10 pillars, says a connoisseur of the work. Among the issues that are being analyzed is the pillar of decentralization, in relation to how the Fundamental Charter can make sure that this desire is something effective. One formula to achieve this is to redistribute the regions of the country in order to allow adequate capacities so that each one has greater autonomy.

They also analyze the modernization pillar of the State in relation to the existence of a new regulation for the legislative process. This can translate into the process of drafting a law or regulations requiring a participatory process, for example, the source says.

Another point that they are reviewing today is related to the autonomy of the Central Bank and the idea of ​​replicating the model in other State institutions, such as the superintendencies, the Environmental Assessment Service or the General Water Directorate, for example.

For their part, banking and agriculture will channel work on the matter through the CPC.