So, what stuff do you think should be on the new constitution?
For me, I think that maintaining the BC autonomy is a must, and maintaining property rights while making modifications regarding stuff like water - the current property rights do state clearly how the process is in case of expropiation, which is a pretty big point for me, but I think we need a new chapter regarding rights of stuff like water, which now is leased to perpetuity.
Water should be leased, but on small periods (5 years could be a good time, but please don't let them match with presidential elections to avoid perverse incentives) and be easily revoked in case the rights are being misused or underused, plus guaranteeing that water can only be used for economic activity once human consumption has been secured.
EDIT: All this considering that important points like human rights are already in, due to all the international pacts Chile has signed and that must be respected in a new constitution. The idea is thinking about stuff that may not be guaranteed, like the BC's autonomy, or other things you feel should be debated.
I think that there are three things that will stay:
BC autonomy
Contraloría autonomy
Servel autonomy
These three are in the "if it ain't broken, don't fix it". Besides, they do work really well. If there is something we can be proud of, is how well these three work and how they help to keep democracy in place. Contraloria has been huge to keep in line some of Piñera's movements (remember when Contralor said that he wouldn't support another State of Emergency to stop protests?). Servel only problem was that shady addresses change a couple of years ago. But elections themselves are quick, transparent and easy to follow.
What *should* go in my opinion:
- An effective constitutional mandate to protect the enviroment
- Recognize the different cosmovisions that exists in the country, protecting them as valid nations
- Just as Guzman feared terrorism (dedicating an entire article to penalize it, which is unusual for a Constitution like ours), i'd make a similar article about high-end corruption, both in public and private scale. Corruption is the biggest threat to our region. No matter if you are a right wing or left wing system, corruption fucks them all. This would avoid giving people like Ponce Lerou a way of reducing or avoiding penalties because "resolution was inconstitutional". It'll be the opposite.
- Women's rights! Get rid of the article that leaves open the penalization of abortions. Leave the protection of "who's about to be born", but without perjudice of women's rights.
- I'd redraw the limits of legislators to make emergency laws. Lots of issues that became evident with 18-O would've been solved by congress initiative, but this constitution forbids it.
- The absolute civil control of military forces. Clear distinction of "Public order" for police, "National security" = External threat.
- Civil rights to allow social organizations to participate of democratic elections and have public law initiative. Allow citizens to organize and present projects of law easily.
- And, of course, having an open chance of nationalizing natural resources when necessary. Leave the door open to privatizations but declaring them of national interest so we can retake control of it if there is an absolute necessity, either because of corruption (see above), public calamity, etc.
Well, I have a lot more in mind. I know very well that this process will be heavily institutionalized, but we, the "ciudadanos a pie" better have places of participation. If not, there will be trouble. If this process includes, in different capacities, social organizations and citizen participation, then the outcome will be really good.
EDIT: I didn't include the call for guaranteed social rights like actual access to health and education because they are quite obvious. The wording there is more important than anything else.
