Colectivo del Apruebo presents initiative for a constitutional norm on Nationality, Citizenship and Migration

The constituents grouped in the Colectivo del Apruebo – which brings together members of parties of the former Concertación and independents – presented a proposal for a constitutional norm on Nationality and Citizenship, to be discussed in the Political System Commission of the Constitutional Convention.
In it they also included a special space for migration, “given the importance that this phenomenon has taken in today’s world, and in a very special way in Chile, with a growing number of migrants who usually arrive in the country and that today reaches one and a half million people,” as they justified.
The proposal contains in its first article that “everyone has the right to a nationality” and that the State has a duty to encourage stateless persons to have a nationality in accordance with international law.
In addition, the proposal defines that those who have Chilean nationality are “those born in the territory of Chile, with the exception of the children of foreigners who are in Chile at the service of their governments, who may opt for Chilean nationality in accordance with the law.”
Also, people who, being born abroad, have a Chilean mother or father, also minors “of ignored parents” who are found in Chile. Foreigners who lose their nationality when marrying or signing a Civil Union Agreement with a Chilean person are added.
Foreigners who obtain a nationalization letter in accordance with the law and those who obtain in Chile the nationalization by law in recognition of outstanding services provided to the country, without having to renounce their previous nationality.
The text of the constituents of the Approval List specifies that “Chilean nationality is lost only by voluntary resignation expressed before the competent Chilean authority; by supreme decree, in case of provision of services during a foreign war to enemies of Chile or its allies; by cancellation of the nationalization charter; and by law revoking nationalization by law in recognition of outstanding services.”
Regarding the concept of citizenship, the initiative stipulates that “Chilean persons who have reached eighteen years of age are citizens.”
On the rights granted by citizenship, it details that “it grants the rights of participation in the political life of the country, of suffrage, of opting for positions of popular election, and the others that the Constitution or the law confer.”
But it also stipulates that the vote will be “personal, egalitarian, secret and mandatory”, while for Chileans abroad there will be no such obligation, but the option to participate.
“Foreigners who have been living in Chile for more than five years and who have reached eighteen years of age may exercise the right to vote in the cases and forms determined by law, as well as assume the personal burdens that the Constitution and the electoral law provide,” the proposal includes.
One of the novelties established by the initiative is the lowering of the age to participate in political life, except in popular elections, such as entering the military to political parties.
“The right to vote is suspended only by interdiction in case of dementia, while the renunciation of Chilean nationality brings with it the loss of citizenship and the right to run for public offices of popular election,” the document also says.
Migration
In addition to the provisions for migrants in terms of nationality, voting and the possibility of running for public office, the proposal of the Apruebo collective also dedicates articles to face the migratory phenomenon as such.
Along these lines, the text establishes that “the State will create the conditions for safe, orderly and regular international migration. In matters of migration and refuge, State bodies shall respect, promote and ensure the best interests of the child, the right to family unity, guarantees of due process, and the principle of non-refoulement. Foreigners, regardless of their immigration status, are holders of the same fundamental rights as those of Chilean nationality and will not suffer any form of arbitrary discrimination.”
The initiative rejects the possibility that foreigners and their families are subject to collective expulsion, “and their situation must be analyzed and decided on a case-by-case basis,” in addition to being substantiated and reviewed by the competent authority.
“When a measure dand expulsion already executed is subsequently revoked, the person concerned shall have the right to claim compensation in accordance with the law. The expulsion decision will not be enforced to prevent that person from re-entering the country,” the proposal adds.

Original source in Spanish