Sarah Kelly Sarah Kelly

Chilean Referendum…"Es Chocante”

It all begins with an idea.

Image from Wikimedia Commons

When the votes came in for Chile’s September 4th constitutional referendum came in, WhatsApp messages from lamgen (sisters, in Mapudungun) alerted me that the Rechazo “rejection” vote had won. The inspiring, deliberative constitution produced by constitutional assembly led by a Mapuche women, Elisa Loncon, was rejected by the Chilean populace. It reminded me of when Donald Trump was elected in the United States. In both moments, disbelief was the predominant emotion expressed by those who recognize that change is necessary. In the case of Chile, substantial change to protect waterways, Indigenous rights, womens rights, among other areas. It’s important to mention that voting for the rechazo was across Chilean society — Indigenous people, people from the left, people in all areas of society.

Yesterday, in a meeting with colleagues the tone started to change. They discussed how its important to recognize the country they are really in, where they are at politically. Yet its tough to tell, really. The level of disinformation and fear mongering by popular media channels in Chile was quite high. One effective narrative of the political right was that the state of Chile would disappear in a plurinational country. While factually incorrect, it was convincing. Yet, my Mapuche and Chilean colleagues and collaborators continue to teach me.

Writing a new constitution has created a wave of social and legal change that will not go away now that the constitution was rejected. Each member of the constitutional assembly was supported by local teams and networks, who also built considerable legal knowledge in this process. All throughout Chile, meetings were held to share the constitution. Constitutional change is coming in Chile.

Since I have spent the last decade collaboratively researching in Chile, with a focus on environmental and Indigenous laws, the “hot takes” of many people on social media seem shallow. Laws are deeply cultural; what is written on the books hold different meanings in the public. This process is not over in Chile; it’s just beginning. I’m looking forward to learning from this process of social and legal change as it evolves.

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