The mainstream U.S. press continues to glaringly misrepresent the focus of the Constitutional Assembly, and exclusively blames the Morales administration for conflicts in which all sides have demonstrated unwillingness to compromise.  For example, a December 14 Washington Post editorial claims that the new constitution represents a power grab to potentially make Morales “president-for-life,”  yet, the document stipulates a maximum of 2 consecutive, 5 year elected terms.  Furthermore, Bolivian citizens have repeatedly demonstrated their ability to vote out presidents, or cut short terms of unpopular leaders.  In short, it has been impossible for any administration to impose unpopular initiatives without widespread popular support.

No dialogue, autonomy plans move forward without constitution

On December 11, President Morales re-extended his request to the opposition governors for a meeting.  Morales stated, “I called for a dialogue, guided by reason and not by impositions and whims.  This is also democracy, because it is not just the right to vote.”²   The nations’ human rights ombudsman echoed Morales’ call, and asked for “an open-minded, tolerant dialogue with mutual respect.”³  The opposition continues to refuse to discuss a political solution to the current conflict and announced that they are moving forward with their own autonomy plans. 

On July 2, 2006 the four lowland departments approved the referendum to grant them departmental autonomy, with the details were to be defined in the constitutional assembly.  The remaining five departments rejected the initiative.  The new national constitution approved in Oruro defines four levels of autonomy, including departmental, municipal, regional and indigenous, but the opposition does not support indigenous nor regional autonomy.  The text states that departments can design their own autonomy laws, but the lowland departments are not willing to wait until the nation votes on the constitution, which may not happen until next September.  The vice president of the Tarija civic committee reaffirmed that on December 15, the opposition leaders “will call an open meeting to approve our own law and declare our autonomy by right.”⁴ 

It remains to be seen what form the opposition departments’ self-declared autonomy takes and whether the government will permit it.  Morales has repeatedly said that only autonomy under the guidelines of the new constitution will be legal.

Recall referendum could calm tensions

The recall referendum is a vote of confidence to be held for the president, vice-president and all nine governors. Morales originally introduced the legislation for the referendum last January and sent a new version to congress in early December.  All the governors have agreed to the plan, though some have called it a method of distraction from other contentious issues. The governor of Cochabamba recently suggested, “…it is important that the government tell the country that if, like all the governors, if it really wants peace, it will hold the recall referendum.”⁵    

Though the recall referendum has garnered support from all sides, there is a debate about how many votes it will take to revoke an official’s mandate.  The government wants to require the same percentage of ‘no’ votes as the official received to elect them, while the opposition wants an across the board 50 percent plus one vote.  Each of the governors was elected with 38 – 49 percent of the vote, while Morales gained 54 percent support in the December 2005 elections.⁶

The bill stipulates that if the President and Vice President receive a ‘no’ vote, then there will be a 90 – 120 day period in which they must call elections.  If a governor is recalled, they will step down immediately and the president will appoint an interim governor until new elections can be held. The lowland elites and political opposition have vehemently protested contrasting guidelines for national and regional officials.

Assembly falls short of 2/3 ratification, but moves forward with new constitution

The new constitution was approved article by article during a weekend session in Oruro.  Nearly all of the 411 articles achieved a 2/3 approval of the 164 assembly members present, representing 10 of 16 political parties.  There are 255 assembly members, but most of the opposition boycotted the session or only showed up briefly to disrupt procedures by chanting repeatedly that the session was illegal. Ironically, the opposition protested that they had not been given sufficient advance notice to be able to attend the proceeding, but showed up anyway just to protest.

Assembly procedural guidelines state that to approve each article, 2/3 of the total assembly must endorse it, but a MAS-initiated resolution changed that rule to 2/3 of assembly members present.  At the Oruro session 64 percent of the assembly members were present; six members shy of 2/3 of all members.

Some key changes of the constitution approved in Oruro:

• The new charter stipulates a maximum of 2 consecutive, 5 year terms, instead of the current constitution’s unlimited, non-consecutive terms. Furthermore, the constitution will usher in a new constitutional period, enabling Evo Morales to be elected a maximum of two more terms.
• A two house congress will remain, but the new constitution lowers the number of representatives from 130 to 121 and raises the number of senators from 27 to 36. The previous draft suggested a unicameral legislature, which the opposition rejected.
• Congress members no longer have immunity from criminal proceedings.
• The text eliminates the existing system of alternates for each congress member.  Traditionally, salaried substitutes for congress member strained the national treasury and facilitated a high level of absenteeism during sessions.
• Authorities in the judicial system, including the Supreme Court, will be elected by a popular vote, instead of by 2/3 of Congress.  The Electoral Court will be elected by Congress.

The assembly also annulled the 2/3 approval requirement in the assembly, so that further modifications can be made with absolute majority approval.  

Opposition continue protests

Soon after the constitutional approval was announced, civic leaders from Santa Cruz, Tarija, Pando, Chuquisaca and Beni departments declared the text and the meeting in Oruro illegal.  They affirmed plans for more protests against the constitution and the gas and oil tax revenue cut to departments. 

The head of the Santa Cruz Chamber of Commerce, showed his distrust of the government saying, “these sessions are illegal, this government does not cease in their illegal actions.  The president thought that he could tell us he was going to call a recall referendum… On Monday he will tell us, ‘as we have approved our constitution, there will be new elections and we won’t need it,’ or some other excuse, but we are going to continue to protest.”⁷

A Beni civic leader also rejected the constitution saying, “What they did in the Military Academy (in Sucre) has no value, they can do what they want; they can go to Orinoca, to Hawaii, to the Vatican or wherever — for us it is absolutely worthless.”⁸

Protests are growing and the government has sent military police to Santa Cruz to guard public and private entities in the city as a precautionary measure. This move has further angered the opposition, but also elicited calls for calm from departmental authorities.

• In Tarija, protestors are occupying state institutions, such as the INRA land reform office and National Tax building, until December 14.
• In Santa Cruz, more than 600 hunger strikers maintain that the new constitution is illegal and does not respect departmental autonomy.
• In Pando, citizens are hunger striking against the hydrocarbons tax cuts and the constitution.
• Beni authorities are saying their hunger strike will reach 3,000 by the weekend.

Land limit and constitutional referendums on the horizon

Assembly members were unable to come to a conclusion on the legal ceiling for land ownership before the owner must prove that the land fulfills an economic or social function.⁹   The proposed limits are 12,355 acres (approximately 19 square miles) or 24,710 acres (approximately 39 square miles).¹⁰   Bolivian citizens will vote on the limit in a referendum, planned within the next four months.  After this vote is held, the assembly should reconvene to reapprove the entire text and then send it to the Bolivian public in a second referendum.

No dates have been set for referendums yet, but Morales officials are saying it will take between six and nine months to complete the process.  If the Assembly follows its previously approved timeline, each referendum can take up to four months, making the first referendum April 14 and the second September 14, 2008.  However, legal challenges threatened by the opposition could hold up the process. 

With the marathon push to finish the constitution by its deadline, MAS party representatives have shown their dedication to completing its work of changing Bolivia – with or without the opposition.  The opposition’s refusal to participate in the Assembly and its declaration of autonomy outside of constitutional guidelines further threaten the democratic process.  While the recall referendum may ease the tensions, an open dialogue between the president and opposition governors is still needed.  This dialogue appears increasingly unlikely as both sides race to meet deadlines and fulfill promises before the holidays.  

1. La Razón.  “Los prefectos desconocen el texto y planifican la autonomía regional.”  December 11, 2007.
2. Ibid.
3. ABI. “Defensor pide a los bolivianos dialogar  para ir unidos al referéndum de la nueva CPE.” December 10, 2007.
4. La Razón. “Cívicos de cinco regiones dicen que desconocerán la nueva CPE.” December 9, 2007.
5. ABI.  “Senador y prefecto opositor rechazan llamado del Presidente a una tregua.” December 11, 2007.
6. Ibid.
7. La Razón. “Cívicos de cinco regiones dicen que desconocerán la nueva CPE.” December 9, 2007
8. Ibid.
9. For more information on Bolivia’s ongoing land reform, please see AIN’s Bolivian Congress Passes Agrarian Reform During Tension.
10.For comparison purposes, the size of Manhattan is approximately 23 square miles.