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| Organic Law of the Plurinational Constitutional Convention | |
|---|---|
| Name | Organic Law of the Plurinational Constitutional Convention |
| Native name | Ley Orgánica de la Convención Constitucional Plurinacional |
| Enacted | 2019–2021 |
| Jurisdiction | Bolivia |
| Introduced by | Evo Morales, Movement for Socialism – Political Instrument for the Sovereignty of the Peoples |
| Signed by | Jeanine Áñez, Luis Arce |
| Date signed | 2020 |
| Status | In force / amended |
Organic Law of the Plurinational Constitutional Convention
The Organic Law of the Plurinational Constitutional Convention established the procedural, institutional, and normative framework for the constitutional reform process culminating in the Plurinational Constitutional Convention. It regulated the convocation, composition, electoral rules, deliberative procedures, indigenous representation, and implementation mechanisms that guided the drafting of a new constitutional corpus in Bolivia.
The law emerged amid political contests involving Evo Morales, Jeanine Áñez, Luis Arce, and parties such as the Movement for Socialism – Political Instrument for the Sovereignty of the Peoples, Democratic Unity (Bolivia), Social Democratic Movement (Bolivia), and National Unity Front. Its genesis intersected with events like the 2019 Bolivian general election, the 2019 Bolivian political crisis, protests by organizations such as the Civic Committee of Santa Cruz, and interventions from international actors including the Organization of American States, the United Nations, and the Inter-American Commission on Human Rights. Legislative debates occurred within the Plurinational Legislative Assembly, referencing precedents like the 1994 Statute of Autonomies and Decentralization Act, and legal models from comparative texts such as the Spanish Constitution of 1978, the Bolivian Constitution of 2009, and the Mexican Constitution of 1917. Constitutional scholars associated with Universidad Mayor de San Andrés, Universidad Católica Boliviana San Pablo, and international advisers from International IDEA and the United Nations Development Programme contributed to drafting.
The statute defined competences referenced against the Constitution of Bolivia (2009), the Electoral Regime Law, and norms upheld by the Plurinational Constitutional Tribunal. It articulated jurisdictional interfaces with the Supreme Court of Justice, the Constitutional Court of Bolivia, and administrative agencies like the National Electoral Court (Bolivia), while considering international obligations under instruments such as the American Convention on Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination. The law delineated temporal scope, transitional provisions, and supremacy relationships vis‑à‑vis statutes like the Law of Participatory Planning and regulatory frameworks administered by the Ministry of Autonomies.
Membership rules stipulated delegate selection drawing on party lists including Movement for Socialism, Revolutionary Nationalist Movement (Bolivia), Authentic Revolutionary Party (Bolivia), and civic platforms from departments like La Paz Department, Santa Cruz Department, Cochabamba Department, Oruro Department, and Potosí Department. Provisions set quotas for representation from municipalities such as El Alto and Sucre, and institutions like the Bartolina Sisa Confederation, Central Obrera Boliviana, and regional assemblies including the Departmental Assembly of Tarija. Powers assigned to the Convention paralleled authorities in comparative bodies like the Constituent Assembly of Venezuela (1999) and the Constituent Assembly of Ecuador (2007), granting mandate to draft constitutional text, adopt transitional measures, and refer matters to the Plurinational Legislative Assembly.
The law established electoral mechanics coordinated with the Supreme Electoral Tribunal (Bolivia), specifying proportional representation models used in regions such as Beni Department and Pando Department, eligibility criteria influenced by precedents from the Electoral Law (Bolivia), and disqualification clauses referencing decisions of the Plurinational Electoral Body. It prescribed inclusion of political parties like Creemos (Bolivia) and civic groups, mechanisms for recall and substitution akin to processes in the Bolivian Municipal Law, and timelines synchronized with national registers maintained by the Civil Registry Service. Campaign finance rules drew on comparative standards from the Transparency International recommendations and enforcement through agencies such as the Anti-Corruption (Bolivia) units.
Deliberative rules codified plenary sessions, committee structures, and voting thresholds, echoing procedural models from the Constituent Assembly of Chile (1989) and legislative practice in the Plurinational Legislative Assembly. Committees included constitutional, human rights, territorial distribution, and indigenous autonomy panels, engaging experts from institutions such as Centro de Estudios Jurídicos y Sociales and international legal scholars from Harvard Law School and Universidad de Salamanca. Voting rules set supermajorities for fundamental articles, minority protections referenced jurisprudence from the Inter-American Court of Human Rights, and dispute resolution mechanisms looked to arbitration norms in the Andean Community and mediation practices of the Pact of Unity (Bolivia).
Provisions prioritized indigenous rights, drawing on rights frameworks in the International Labour Organization Convention 169, the United Nations Declaration on the Rights of Indigenous Peoples, and domestic recognition established under the Constitution of Bolivia (2009). The statute mandated representation for nations such as the Quechua people, Aymara people, Guaraní people, Chiquitano people, and Mojeño people, and institutionalized consultation protocols referencing the Ministry of Cultures and Tourism (Bolivia) and organizations like the National Confederation of Peasant Indigenous Native Women of Bolivia - Bartolina Sisa. Safeguards mirrored measures from the Bolivian Law of Popular Participation and customary law systems acknowledged in the Bolivian Indigenous Justice framework.
Implementation interacted with executive actors including Jeanine Áñez and Luis Arce administrations, judicial review by the Plurinational Constitutional Tribunal, and administrative oversight from the Ministry of Justice (Bolivia). Challenges included contested seat allocation disputes reminiscent of the 2008 Bolivian gas conflict, logistical concerns in departments like Potosí and Oruro, and political polarization involving factions such as Movement for Socialism and Democratic Unity. Amendments were processed through procedures similar to those in the Bolivian Constitutional Amendment process and have been influenced by rulings from the Supreme Court of Justice and pressure from social movements including the Syndical Confederation of Bolivian Workers. The law’s evolution continues to reflect ongoing negotiations among political parties, indigenous federations, departmental governments, and international observers such as the Organization of American States and the European Union Election Observation Mission.