Constitution of Bolivia (2009)

Constitution of Bolivia (2009)
Name	Political Constitution of the Plurinational State of Bolivia
Native name	Constitución Política del Estado Plurinacional de Bolivia
Date signed	7 February 2009
Location signed	La Paz
Effective date	7 February 2009
System	Unitary state (Plurinational)
Branches	Executive branch; Legislative branch; Judiciary of Bolivia
Head of state	President of Bolivia
Courts	Plurinational Constitutional Tribunal; Supreme Court of Justice (Bolivia)

Constitution of Bolivia (2009) was adopted after a constituent process dominated by the Movement for Socialism and social movements, replacing the 1967 text and establishing the Plurinational State of Bolivia. The text redefined relations among Bolivia, indigenous nations such as the Quechua people, the Aymara people and the Guaraní people, and institutions including the Plurinational Legislative Assembly and the Plurinational Constitutional Tribunal. Its promulgation followed negotiations involving actors like Evo Morales, the Inter-American Commission on Human Rights, and international observers from organizations such as the Organization of American States and the United Nations.

Background and Drafting

The constituent process built on events including the 2005 Bolivian political crisis, the 2006 Bolivian Constituent Assembly election, and pressure from social movements represented by the Cocaleros and Túpac Katari organizations; it involved political parties like the Movement for Socialism (Bolivia), the Revolutionary Left Movement (Bolivia), and civic groups from Santa Cruz Department and Pando Department. Negotiations drew on precedents such as the Mexican Constitution of 1917, the Spanish Constitution of 1978, and constitutional experiences from Ecuador and Venezuela. The Constituent Assembly convened in Sucre and incorporated representatives from departments including Tarija Department and Cochabamba Department while facing conflicts exemplified by the Gas Wars (Bolivia) and tensions with regional elites like those in Santa Cruz de la Sierra.

Key Features and Principles

The charter proclaims Bolivia as a Plurinational state, affirms State sovereignty in natural resources such as the Bolivian Gas and Lithium triangle, and adopts principles drawn from instruments like the Universal Declaration of Human Rights and the American Convention on Human Rights. It recognizes multiple legal orders including indigenous customary law practiced by the Aymara people, supports communal land tenure systems like the ayllu and institutes concepts resonant with the Buen Vivir framework promoted in Andean constitutional debates. The constitution reorganizes territorial administration into autonomous entities, echoes models from the Chilean constitution debates, and enshrines social, economic, and cultural rights influenced by rulings from the Inter-American Court of Human Rights.

Rights and Guarantees

The charter guarantees rights rooted in comparative texts such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights; it also enumerates collective rights for indigenous nations like the Guaraní people and Mojeño people. It provides protections for linguistic diversity including Spanish language, Quechua language, Aymara language, and other indigenous languages recognized alongside national symbols like the Wiphala. The constitution contains provisions on environmental rights referencing concepts from rulings in Ecuadorian constitutional law and recognizes rights over natural resources central to disputes like those over the Potosí silver mines and the Yungas forestry.

Government Structure and Separation of Powers

The text establishes the President of Bolivia as head of state and head of government, mandates a bicameral Plurinational Legislative Assembly composed of the Chamber of Deputies (Bolivia) and the Senate of Bolivia, and defines an independent judiciary with the Plurinational Constitutional Tribunal and the Supreme Court of Justice (Bolivia). It sets out mechanisms for checks and balances influenced by doctrines reflected in the U.S. Constitution and comparative innovations from the Argentine Constitution of 1994, while incorporating participatory devices like recall referendums and popular legislative initiatives used in Venezuelan constitutional practice. The constitution also creates autonomous local bodies comparable to reforms in Spain and Mexico for territorial governance.

Autonomy and Indigenous Rights

The charter recognizes autonomies at departmental, municipal, regional, and indigenous levels, drawing on autonomy statutes debated in Santa Cruz de la Sierra and modelled in part on frameworks from Spain and Bolivia's previous decentralization laws. It affirms indigenous peoples' rights to self-determination, territory, and jurisdiction under customary law, connecting to legal pluralism themes seen in the Inter-American human rights system and constitutional precedents in Ecuador. The constitution formalizes collective property regimes and consultation rights akin to the International Labour Organization Convention 169, impacting relations with multinational extractive companies such as Yacimientos Petrolíferos Fiscales Bolivianos and multinational actors involved in the lithium industry.

Amendment and Ratification Process

The adoption followed a referendum and ratification procedures influenced by episodes like the 2009 Bolivian constitutional referendum and mechanisms comparable to amendment clauses in the Brazilian Constitution and the Argentine Constitution. The constitution prescribes amendment paths through the Plurinational Legislative Assembly and constituent mechanisms, while setting limits echoing entrenchment provisions in the German Basic Law; procedures include constituent assemblies, referendums, and judicial review by the Plurinational Constitutional Tribunal. Ratification involved actors such as the Plurinational Electoral Body and civil society networks including labor federations like the Bolivian Workers' Center.

Implementation and Impact

Implementation required institutional reforms affecting entities like the Bolivian State Police and the Ministry of Autonomies, economic policy steered by administrations under Evo Morales, and legal reinterpretation by the Plurinational Constitutional Tribunal and regional courts. The constitution influenced debates on resource nationalization involving Yacimientos Petrolíferos Fiscales Bolivianos and investment by multinationals, provoked regional autonomy movements in Santa Cruz Department and Tarija Department, and shaped international litigation and cooperation with bodies like the Inter-American Development Bank and the United Nations Development Programme. Its legacy is visible in subsequent political events such as the 2016 Bolivian constitutional referendum and electoral contests involving parties including the Movement for Socialism (Bolivia) and the Democratic Unity alliance.

Category:Constitutions