Constituent Assembly of Bolivia (2009)

Constituent Assembly of Bolivia (2009)
Name	Constituent Assembly of Bolivia (2009)
Native name	Asamblea Constituyente de Bolivia (2006–2009)
Jurisdiction	Bolivia
Established	2006
Dissolved	2009
Members	255 delegates
Meeting place	Sucre, La Paz
Key personnel	Evo Morales, Carlos Mesa, Manfred Reyes Villa, Samuel Doria Medina, Tuto Quiroga

Constituent Assembly of Bolivia (2009) The Constituent Assembly of Bolivia (2009) was a constituent body convened under the presidency of Evo Morales to draft a new national constitution that reconfigured state structure, indigenous rights, and natural resource policy. The Assembly's deliberations intersected with major Bolivian political actors such as Movimiento al Socialismo, regional governors like Gonzalo Sánchez de Lozada supporters, and international observers including the Organization of American States and the United Nations.

Background and Constitutional Context

The convocation of the Assembly followed political crises involving presidents Gonzalo Sánchez de Lozada and Carlos Mesa and popular mobilizations linked to the Water War (Cochabamba conflict) and the Gas conflict of October 2003. Growing demands from indigenous movements such as the Movimiento al Socialismo allied Confederación de Pueblos Indígenas de Bolivia and organizations like the Movimiento Sin Miedo pressed for recognition of plurinationality and control over hydrocarbons, bringing actors like Felipe Quispe and Domingo Bampa into the constitutional debate. The 2005 election of Evo Morales and alliances with trade unions like the Central Obrera Boliviana and campesino federations set the stage for a constituent process that referenced earlier constitutional episodes including the 1826 constitution and the 1967 constitution.

Election and Composition

Elections for delegates occurred under a mixed-member system that produced 255 delegates drawn from parties such as Movimiento al Socialismo, Movimiento Nacionalista Revolucionario, Unidad Nacional, and regional civic committees like the Media Luna departments led by figures including Germán Antelo and Manfred Reyes Villa. International actors—Inter-American Commission on Human Rights monitors and the European Union—observed voting alongside national institutions such as the Supreme Electoral Tribunal (Bolivia) and municipal authorities in Sucre and La Paz. Prominent political leaders serving as delegates or influencers included Samuel Doria Medina, Óscar Ortiz Antelo, Rubén Costas, and indigenous leaders including Sonia Alcon and Fernando Huanacuni. The Assembly balanced proportional party lists and single-member constituencies, producing a dominant Movimiento al Socialismo bloc counterposed by opposition coalitions and departmental delegations from Santa Cruz Department, Beni Department, Tarija Department, and Pando Department.

Deliberations and Major Provisions

Deliberations centered on plurinationality, land reform, natural resources, legislative structure, judicial organization, and municipal autonomy. Major provisions included recognition of Bolivia as a Plurinational State of Bolivia, explicit rights for indigenous nations such as the Aymara and Quechua, reaffirmation of state sovereignty over hydrocarbons tied to the Yacuiba-Tarija gas fields, expansion of social rights reflecting principles from the Universal Declaration of Human Rights and regional instruments like the San Salvador Protocol, and creation of new institutions including the Plurinational Legislative Assembly and the Constitutional Tribunal of Bolivia. The Assembly debated forms of executive power—single-term presidencies, recall mechanisms influenced by precedents such as the 1994 political reform—and local governance statutes referencing municipal charters of Cochabamba and Sucre.

Controversies and Political Conflict

The process provoked intense conflict between supporters and opponents of constitutional reform. Oppositional leaders such as Rubén Costas and Manfred Reyes Villa organized strikes and regional blockades while Movimiento al Socialismo allies mobilized campesino and union bases including the Bartolina Sisa organization and Federación Sindical de Trabajadores Campesinos. Conflict over the Assembly's seat—dispute between Sucre and Sucre Department authorities—and procedural rulings by the Plurinational Electoral Organ triggered interventions by the Inter-American Democratic Charter signatories and drew criticism from the Union of South American Nations forum. Notable incidents included regulatory disputes over floor voting, walkouts by opposition delegations representing Santa Cruz autonomists, and legal challenges brought before the Constitutional Tribunal of Bolivia and international bodies like the Inter-American Court of Human Rights.

Adoption and Promulgation

After extended sessions and negotiated compromises, the Assembly approved a draft constitution that was ratified by a national referendum supervised by the Supreme Electoral Tribunal (Bolivia) and endorsed by municipal and departmental authorities. The new Constitution of 2009 was promulgated by President Evo Morales and published in official gazettes alongside legislative acts from the Plurinational Legislative Assembly. Promulgation ceremonies involved social movements including the Cocalero Movement and cultural figures such as Gonzalo Sánchez de Lozada critics turned constitutionalists. The document received recognition from regional bodies including the Union of South American Nations and elicited commentary from scholars at institutions like the Latin American Faculty of Social Sciences.

Implementation and Institutional Impact

Implementation required extensive legislative activity by the Plurinational Legislative Assembly, administrative reforms in ministries such as the Ministry of Justice (Bolivia) and the Ministry of Autonomies, and restructuring of judicial bodies including appointments to the Supreme Tribunal of Justice. The constitution reshaped territorial governance affecting departments like Santa Cruz Department and municipal regimes in La Paz, prompted new laws on hydrocarbons interacting with state firms like Yacimientos Petrolíferos Fiscales Bolivianos (YPFB), and influenced indigenous governance frameworks among Guaraní and Chiquitano peoples. The process transformed Bolivian politics, contributing to electoral outcomes involving Evo Morales and later contenders such as Carlos Mesa and producing ongoing debates mediated by NGOs like Human Rights Watch and academic centers including the Instituto de Investigaciones Socioeconómicas.

Category:Politics of Bolivia Category:Constitutions of Bolivia