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Actualización sobre nueva Constitución y TPP11

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Hasta ahora el borrador de la Nueva constitución no contiene  artículos específicos sobre los tratados de libre comercio e inversión, tema asignado a la Comisión 5,  de Medio Ambiente y Modelo Económico. Y el gobierno, a través del Subsecretario de Relaciones Internacionales, José Miguel Ahumada, ha dado señales de que resolverá sobre el TPP11 según lo que decida la Convención. Al mismo tiempo, un evidente acercamiento del gobierno de Boric a la UE, y la inminente llegada  a Chile del secretario de la Comisión Europea, JBorrell, configuran un escenario de presiones para la firma de la cuestionada actualización del tratado Chile/UE. 

En la semana del 20 de abril la Comisión 5 estará elaborando un Informe de Reemplazo de su anterior informe, rechazado en general el 21 de abril. Faltaron 5 votos para enterar los 2/3, es decir los 103 votos requeridos para su aprobación. Ese informe no incluía artículos sobre tratados. Por la gran diversidad de temas abordados, la comisión había postergado esa discusión para después del 21 de abril.  Ahora el tema TLCs y TBIs deberá abordarse en paralelo a artículos como prelaciones de uso y formas de gestión del agua; estatuto de la minería, glaciares, maritorios, soberanía alimentaria, bosques, principios económicos, entre otros. Si el Informe de Remplazo fuera nuevamente rechazado, todos los artículos allí incluidos quedan fuera de discusión en la convención.  El Pleno deberá haber concluido las votaciones de todos los informes de comisiones el próximo 7 de mayo.

Como Chile Mejor sin TLC nos movilizaremos este miércoles 27 de abril desde las   14 horas frente al ex Congreso,  buscando incidir para lograr tener una constitución Libre de TPP11, libre de TLC con la UE y sobre todo, asegurar la soberanía de los pueblos en los tratados de Libre Comercio e Inversión. En febrero la Comisión de Medio Ambiente aprobó la iniciativa de la constituyente Elsa Labraña sobre este tema. Sin embargo, la mayoría de la comisión 5 votó en marzo contra nuestra Iniciativa Popular y  aprobó la iniciativa del constituyente Mauricio  Daza, que contenía sólo un artículo permanente y uno transitorio. Debimos buscar consensuar nuestras demandas (que eran iguales a  la iniciativa aprobada de Elsa Labraña), con la iniciativa de Daza. El documento de consenso trabajado en conjunto por Chile Mejor sin TLC, Elsa Labraña, Daza,  un representante del bloque popular de la Comisión 5 (Fernando Salinas) y uno de la convencional Cota San Juan, será la base para la discusión de la comisión 5. Los puntos centrales se resumen en  democracia directa (información permanente, plebiscito ratificatorio, y plebiscito de denuncia); soberanía: el Estado no podrá firmar tratados cuyas cláusulas restrinjan su capacidad de dictar normas, leyes y políticas de todo tipo, e implementarlas; y el Estado sólo podrá firmar tratados o instrumentos internacionales que reconozcan jurisdicción a tribunales internacionales cuando éstos sean órganos permanentes, imparciales e independientes.  También se agregan como normas transitorias, la creación de una comisión de auditoría integral de los tratados, y la renegociación de los tratados que no se ajusten a estas normas por parte del ejecutivo.

Pleno rechazó artículo contra TPP11

El convencional Marco Arellano, miembro de PUCO (Pueblo Constituyente) presentó al Pleno el día 22 de abril, la indicación122  que sin decirlo, apuntaba contra el TPP11. Está referida a los tribunales permanentes, en el mismo sentido del artículo 1 de la propuesta Daza. 

Se votaba ese día el artículo 21 del informe de la Comisión  de Sistema Político sobre las atribuciones del Presidente y el Congreso Plurinacional. Los informes que una Comisión envía al Pleno, se envían a todos los convencionales poco antes de que se les convoque al Pleno para votarlo. En ese marco conocimos esta indicación y  Chile Mejor sin TLC la promovió (dos días de gestión)  pues ya formaba parte del acuerdo alcanzado y si se hubiera aprobado, habría significado sacar de carrera el TPP11, que no tiene tribunales permanentes sino otros ad-hoc con injerencia directa de las trasnacionales. La indicación 122 sólo obtuvo 78 votos a favor;  56 en contra y 16 abstenciones. Los votos en contra son de la derecha pero también de  connotados miembros del Frente Amplio, entre ellos  Constanza Schonhaut y Bea Sánchez. Se abstuvieron otros FA como Fernando Atria y Elisa Loncon, Christian Viera y Tatiana Urrutia; de los convencionales de  INC (Independientes por una Nueva Constitución) Juan José Martin votó en contra, mientras Patricia  Politzer y Guillermo Namor se abstuvieron; y los de Apruebo D. (Harboe, Squella, Chahin) votaron en contra. Relevamos sin embargo que al inicio de la convención había  solo 50 constituyentes dispuestos públicamente a detener el TPP 11 hasta que se promulgara la nueva constitución. Ahora el número creció, pero es urgente recabar nuevos apoyos.  El Colectivo Socialista tiene 17 convencionales; el Frente Amplio, 16 ; los independientes No Neutrales 13 y todos votaron divididos ese día. Nos apoyaron totalmente en la indicación 122, la  Coordinadora Plurinacional, el  PC, Movimientos Sociales Constituyentes, Pueblo Constituyente y la mayoría de Escaños Reservados. 

Ese mismo día 22 de abril se aprobó e ingresó al borrador  de la Nueva constitución  el artículo 20, que era parte del informe de la comisión de Sistema Político. Establece los fundamentos de las relaciones internacionales de Chile (entre otros, principios de no intervención en asuntos de jurisdicción interna de los estados, autonomía política e igualdad jurídica entre los estados),  y declara además a América Latina y el Caribe como su zona prioritaria en sus relaciones internacionales, contenidos que valoramos. Fue devuelto en cambio para nueva redacción, el artículo que fijaba las atribuciones del Presidente y el Congreso en esta materia que también puede tener implicancias para los TLCs. 

Indicación sobre Plebiscito Ratificatorio

Al interior de la comisión de Formas de Estado y Democracia, en la mañana del día 22 se había perdido por 1 voto, la aprobación de una norma sobre plebiscito ratificatorio, presentada por el convencional Alvin Saldaña. Se volverá a votar en el pleno​ este jueves 28​, como parte de las discusiones pendientes del Informe de esa Comisión. Nuevamente es posible que debamos activarnos sobre una votación referida al plebiscito ratificatorio,  antes que la Comisión 5 aborde ese tema. El fin del secretismo​, ​ y que la última palabra sobre un tratado la tengan  los pueblos, es muy relevante para la democracia.

Lucía Sepúlveda

24-04

 

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