Chile’s proposed constitution, written by a representative democratic convention, is up for a vote on 9/4. If passed, it’ll be a victory for Indigenous self-determination in Chile and across the 🌎. I've translated key Indigenous provisions to expand access & celebrate them. A🧵:
Many, if not all, of these provisions were written by Indigenous peoples of Chile - a critical step toward justice and the first Indigenous participation in co-drafting the document, w/ 17 convention seats reserved for Indigenous peoples including the Mapuche, Rapa Nui, & Aymara.
Throughout this thread, I will tag some North American Indigenous scholars, activists, and orgs whose work you can check out to learn more about referenced topics (all gave permission). I also hope they will find this translation useful. Please follow them and support their work!
Also, in a previous thread, I outlined the tremendous climate provisions of the proposed constitution, which reflect core Indigenous values and priorities, including through the defense of the rights of nature and the right to a healthy environment:
GENERAL:
In its very first article, the constitution recognizes Chile as a *plurinational State* — a fundamental principle undergirding the entire document. Article 5 likewise recognizes the many pre-existing Indigenous nations and peoples that make up the Chilean people.
Free, prior, and informed consent (FPIC) is institutionalized for Indigenous people regarding administrative and legislative efforts that would affect them (Article 66)!
Article 34 codifies collective and individual Indigenous human rights, including rights to autonomy, self-governance, culture, identity, cosmovision, heritage, language, land and resources, spiritual connection, and full integration in all aspects of the State.
LANDS AND WATERS:
Establishes rights of Indigenous peoples to waters in their territories and requires the State to protect the integrity of those waters (58).
The State guarantees the lands, territories and resources of Indigenous peoples/nations. Indigenous lands will be especially protected and expanded through regulation, demarcation, titling, and restoration of land rights as a mechanism of reparations to Indigenous peoples (79).
Specifically, the restoration clause represents a preferential mechanism of reparations to Indigenous peoples in the return of their lands. It isn’t perfect, but #landback has been written into the draft Chilean constitution!
LANGUAGE AND CULTURE:
The text establishes Indigenous languages as official languages in addition to Spanish in high density areas. The State commits to proactively supporting their use, respect, and revitalization (12).
Codifies a right to identity, culture, worldviews or cosmovisions and ways of life. Cultural assimilation and destruction are prohibited in writing as a proactive strategy to prevent repeating recent colonial history (65).
The State will work with Indigenous peoples to recover, revitalize, and strengthen Indigenous languages and cultures, with a focus on equity. Processes will be set up for returning Indigenous cultural objects, human remains, and sacred site access (102).
SOVEREIGNTY & DEMOCRACY:
Article 5 recognizes 11+ pre-existing Indigenous nations and peoples, requires their self-determination be respected, and guarantees inclusion in the exercise and distribution of power at all levels of gov’t
Reserved seats in elected bodies will ensure Indigenous populations have equitable representation at the local, regional, national levels. Registered Indigenous citizens can vote for their representatives. Indigenous and Afro-Chilean voter registries will be created (162).
Establishes Indigenous territorial autonomy and an official process for designation for interested groups and ensures territories have the powers and financial resources to achieve self-determination (234 & 235).
Recognizes Indigenous justice systems as equal and coordinated with the State system, providing they don’t violate basic human rights and international treaties. Plans are made for cooperation and conflict resolution between State and Indigenous judicial systems (309).
CONCLUSION:
It’s hard to overstate the unusual plurinational legitimacy of Chile’s newly proposed constitution. It was written by a representative group of civilians, including Indigenous people who have the longest tenure and yet are usually excluded - a fantastic achievement.
Speaking for myself, as a person who works on Indigenous policy in the US and has done research in Chile, I am extremely impressed by this framework to support sovereignty and build solidarity on. It reflects an inclusive and democratic drafting process and a visionary optimism.
An international movement is forming in solidarity with the constitutional process and pushing back against right wing disinformation so Chilean’s can decide themselves. You can learn more here: act.progressive.international/newchile/
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This week, Chile announced a proposed new constitution written by a democratically elected convention, and it is likely the most legitimate constitution in the world, as it is written boldly in the context of the climate crisis. A 🧵on its inspiring climate provisions.
Please note, this thread is among the most complete translations of the climate provisions into English yet, so please share widely so people know how serious this really is. On Sep 4th, Chile will vote on this Constitutional proposal, with fierce right wing opposition.
Right wing forces are trying to undermine and delegitimize an admirable, equitable democratic process, implying their preference for a dictator's decree over the will of Chilean people. Intl solidarity is urgently needed to fend off these attacks on Chile’s popular sovereignty.