Bolivian constitutional referendum

Bolivian constitutional referendum
Name	Bolivian constitutional referendum
Date	2009-01-25
Country	Bolivia
Type	Constitutional referendum
Electorate	5,141,511
Turnout	61.44%
Yes	2,393,520
No	1,556,752
Invalid	33,176

Bolivian constitutional referendum

The 2009 Bolivian constitutional referendum was a national vote that approved a new Constitution of Bolivia and redefined the state's structure, territorial organization, and rights framework under President Evo Morales. The referendum followed political reforms linked to the 2006–2007 Constituent Assembly process and was part of broader debates involving Movimiento al Socialismo, social movements, and opposition parties such as the Rubén Costas-aligned groups and the National Unity Front. The outcome reshaped institutions including the Plurinational Legislative Assembly, the Supreme Court of Justice (Bolivia), and indigenous autonomy arrangements impacting regions like Pando Department, Santa Cruz Department, and La Paz Department.

Background and Political Context

In the mid-2000s, Bolivia experienced mobilizations tied to the Water War (Cochabamba) legacy, the Gas War (Bolivia), and demands for constitutional change articulated by leaders including Evo Morales, Carlos Mesa, and social organizations like the Túpac Katari Guerrilla Army-related movements and the Bartolina Sisa Confederation. The 2006 Constituent Assembly convened under the auspices of the Plurinational Legislative Assembly and negotiated provisions that intersected with regional autonomy initiatives championed by governors such as Rubén Costas and Manfred Reyes Villa. International actors such as the Organization of American States, the United Nations Development Programme, and delegations from Cuba and Venezuela monitored constitutional debates alongside academic institutions like the Universidad Mayor de San Andrés and the Universidad Autónoma Gabriel René Moreno.

Proposals and Key Provisions

The proposed constitution recognized Bolivia as a Plurinational State, expanded rights for indigenous peoples including collective land titles under frameworks influenced by the International Labour Organization's Convention 169, defined natural resource nationalization tied to hydrocarbons legislation and the YPFB state oil company, and introduced economic and social rights echoing models from Venezuela and Ecuador. It restructured judicial institutions with reforms to the Supreme Court of Justice (Bolivia), created a Constitutional Tribunal (Bolivia), and modified the executive branch including term limits and recall mechanisms that affected figures such as Evo Morales and provincial governors like Manfred Reyes Villa. Territorial autonomy provisions referenced departmental statutes for Santa Cruz Department, Beni Department, and Pando Department while urban governance reforms implicated municipalities like Cochabamba and Sucre.

Campaigns and Political Actors

Campaign networks featured the ruling Movimiento al Socialismo (MAS), allied indigenous confederations including the Consejo Nacional de Ayllus y Markas del Qullasuyu and the Confederación de Pueblos Indígenas de Bolivia, trade unions like the Central Obrera Boliviana, and civic committees in Santa Cruz Department and Tarija Department opposing centralization. Opposition coalitions included the Social Democratic Power (PODEMOS), the National Unity Front, regional leaders such as Rubén Costas and Manfred Reyes Villa, and business associations like the Cámara de Industria, Comercio, Servicios y Turismo (CAINCO). Media outlets including La Razón (Bolivia), El Deber, and Correo del Sur carried competing narratives while international observers from the Organization of American States and NGOs such as Human Rights Watch commented on campaign conditions.

Referendum Process and Voting

The referendum was administered by the Supreme Electoral Tribunal (Bolivia), with voter registration lists maintained by the Órgano Electoral Plurinacional, and involved voting procedures similar to previous national elections such as the 2005 Bolivian general election. Campaign finance debates engaged institutions like the Ministerio Público and electoral law experts from the Universidad Mayor de San Andrés. The process included absentee provisions for Bolivian expatriates in countries like Argentina, Spain, and United States, and election-day logistics coordinated with security forces including the Policía Boliviana and the Fuerza Aérea Boliviana for remote poll access.

Results and Immediate Aftermath

Official results showed approval of the constitution with majorities in highland departments like La Paz Department and Oruro Department, and narrower margins or opposition in lowland departments such as Santa Cruz Department and Beni Department. Political leaders including Evo Morales hailed the vote as a democratic milestone, while opposition figures like Rubén Costas disputed aspects related to departmental autonomy, prompting regional mobilizations and debates in departmental assemblies. The Plurinational Legislative Assembly moved to implement transitional provisions affecting cabinet posts, deputy selections, and schedules for subsequent elections comparable to the 2009 Bolivian general election.

Legal and Constitutional Implications

Adoption of the constitution required legal adaptation of codes and laws including civil, electoral, and natural resources statutes, impacting institutions such as the Defensor del Pueblo and the Tribunal Constitucional Plurinacional. Constitutional jurisprudence evolved as cases reached the Plurinational Constitutional Tribunal, and tensions emerged over interpretation of autonomy statutes, collective property under indigenous jurisdiction, and resource revenue-sharing mechanisms involving state enterprises like YPFB. International legal instruments like ILO Convention 169 and protocols linked to the Inter-American Commission on Human Rights framed rights adjudication and legislative harmonization.

Domestic and International Reactions

Domestically, reactions ranged from celebrations by indigenous organizations such as the Confederación de Pueblos Indígenas de Bolivia and labor federations like the Central Obrera Boliviana to protests by civic committees and departmental elites in Santa Cruz Department and Pando Department. Internationally, governments including Venezuela, Cuba, and observer delegations from the Organization of American States and the United Nations remarked on the consultative process, while think tanks in Washington, D.C. and academic centers at the University of Oxford and Harvard University produced analyses comparing Bolivia's model to constitutional reforms in Ecuador and Venezuela. Subsequent scholarly work by authors linked to institutions such as the London School of Economics and the Pontifical Catholic University of Peru examined implications for indigenous autonomy, natural resource governance, and regional political dynamics.

Category:Constitutions of Bolivia