Constituent Assembly of Bolivia

Constituent Assembly of Bolivia
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Name	Constituent Assembly of Bolivia
Native name	Asamblea Constituyente de Bolivia
Established	2006
Disbanded	2009
Jurisdiction	Bolivia
Location	Sucre, La Paz
Convened by	Evo Morales
Purpose	Drafting new constitution

Constituent Assembly of Bolivia was the constitution-drafting body convened during the presidency of Evo Morales that produced the 2009 Constitution of Bolivia. The Assembly sat amid intense interactions between regional authorities such as the Departmental Government of Santa Cruz and national actors including the Movement for Socialism (Bolivia), indigenous organizations such as the National Council of Ayllus and Markas of Qullasuyu, and international observers from bodies like the Organization of American States and the United Nations Development Programme. The process reshaped relations among institutions including the Plurinational State, the Plurinational Legislative Assembly, the Supreme Court of Bolivia, and subnational entities represented by the Prefectures of Bolivia.

Background and Historical Context

The Assembly emerged after political mobilization led by Evo Morales and the Movimiento al Socialismo victory in the 2005 elections, following conflicts rooted in events like the Gas War (Bolivia) and the Water War (Cochabamba), which involved actors such as the Túpac Katari Guerrilla Army and social movements including the Cocalero movement and the Central Obrera Boliviana. Regional political forces in departments such as Santa Cruz Department, Beni Department, and Pando Department resisted centralizing reforms, aligning with civic committees and political parties like the National Unity Front and the Social Democratic Movement. International contexts including debates at the Summit of the Americas and precedents from the Constituent Assembly of Ecuador influenced strategies by indigenous federations such as the CSUTCB and intellectuals tied to Universidad Mayor de San Andrés.

Formation and Legal Framework

The Assembly was authorized by a national referendum and legal instruments tied to decisions by the Plurinational Legislative Assembly and executive decrees from Palacio Quemado. Its convocation followed negotiating accords among actors including the Highland Aymara organizations, the Guaraní assemblies, and regional civic groups in Santa Cruz de la Sierra. Constitutional procedures referenced comparative examples like the Spanish Constitution of 1978 and the Constitution of Venezuela (1999), while drawing on international law frameworks from the Inter-American Court of Human Rights and instruments promoted by the International Labour Organization such as Convention 169. The legal architecture established rules for quorum, agenda-setting, and voting thresholds involving institutions like the Electoral Tribunal (Bolivia).

Composition and Membership

Membership blended delegates elected from electoral districts, representatives of indigenous nations such as the Aymara people and the Quechua people, and appointees from political blocs including Movimiento al Socialismo (Bolivia), Unidad Nacional (Bolivia), and regional coalitions. Figures prominent in the Assembly included politicians from Evo Morales’ inner circle, opposition leaders from Rubén Costas’s affiliates, and intellectuals associated with Casa de la Cultura Boliviana and legal scholars connected to the Universidad Autónoma Tomás Frías. Delegates represented departments including La Paz Department and Potosí Department, and social sectors like peasant federations and urban neighborhood councils.

Deliberations and Key Debates

Debates centered on state organization, resource control, and territorial autonomy, pitting advocates for indigenous autonomy tied to concepts promoted by activists such as Felipe Quispe against proponents of departmental self-rule led by politicians from Santa Cruz. Contested topics included natural resource sovereignty involving Yacimientos Petrolíferos Fiscales Bolivianos and mining statutes affecting actors like Cooperativa Minera communities, the role of religious institutions including the Catholic Church in Bolivia, and the status of languages promoted by cultural organizations such as the Academia Mayor de la Lengua Aymara. Negotiations drew parallels with constitutional moments in Mexico and Argentina, and were mediated by figures linked to the OAS and scholars from Universidad Mayor de San Simón.

Drafting Process and Major Provisions

The drafting process produced provisions establishing the Plurinational State model, recognizing collective rights for indigenous nations including legal pluralism for indigenous jurisdictions associated with the Aymara and Guaraní, reorganizing legislative structures into the Plurinational Legislative Assembly, and redefining executive powers tied to the presidency of Evo Morales. Key articles addressed resource nationalization affecting entities such as Yacimientos Petrolíferos Fiscales Bolivianos, land reform involving Instituto Nacional de Reforma Agraria, and environmental protections referencing the Pachamama concept advocated by indigenous leaders. The constitution expanded rights for cultural expression upheld by institutions like the Bolivian Institute of Culture and modified judicial structures including the Supreme Tribunal of Justice and autonomous courts.

Ratification, Implementation, and Aftermath

The draft was submitted to a public referendum supervised by the Electoral Tribunal (Bolivia) and certified with international observers from the United Nations and the Organization of American States. Implementation involved legislative reforms enacted by the Plurinational Legislative Assembly, administrative restructurings in departments such as Tarija Department, and appointments to newly created bodies like the Constitutional Court of Bolivia. The constitutional regime influenced subsequent elections, interactions with multinational firms like Repsol and Petrobras over hydrocarbons, and foreign policy shifts marked by relations with countries including Venezuela and Cuba.

Criticism, Controversies, and Legal Challenges

Controversies included boycott actions by regional civic committees in Santa Cruz de la Sierra, legal challenges brought before the Constitutional Court of Bolivia and the Inter-American Court of Human Rights, and accusations from opposition parties such as National Unity (Bolivia) regarding procedural irregularities. Critics cited tensions with fiscal regimes overseen by institutions like the Ministry of Economy and Public Finance and contested interpretations by jurists from Universidad Católica Boliviana San Pablo. International commentators from think tanks linked to the Inter-American Dialogue and reports by NGOs such as Human Rights Watch debated the balance between indigenous collective rights and individual liberties, prompting ongoing jurisprudence and legislative adjustments.

Category:Politics of Bolivia Category:Constitutional assemblies