Constitution of the Plurinational State of Bolivia (eBook)

INTRODUCTION

In immemorial times mountains arose, rivers were displaced, lakes were formed. Our Amazonia, our Chaco, our highlands and our plains and valleys were covered by greenness and flowers. We populated this sacred Mother Earth with different faces, and since then we understood the current plurality of all things and our diversity as beings and cultures. This is how we formed our towns, and we never understood racism until we suffered it in the terrible times of the colony.

The Bolivian people, of plural composition, since the profoundness of history, inspired in the battles of the past, in the indigenous anti-colonial uprising, in independence, in the popular liberation fights, in the indigenous, social and union marches, in the water and October wars, in the battles for land and territory, and with the memory of our martyrs, built a new State.

A State based in respect and equality among all, with principles of sovereignty, dignity, complementarity, solidarity, harmony and equity within the distribution and redistribution of the social product, with the predomination of the search to live well; with respect to the economic, social, legal, political and cultural plurality of the habitants of this land; in collective coexistence with access to water, work, education, health and household for everybody.

We left the colonial, republican and neoliberal State in the past. We assumed the historical challenge to collectively build a Social Unitary State of Plurinational Communitary Law, which integrates and articulates the purposes of advancing towards a Bolivia that is democratic, productive, carrier and inspirer of peace, compromised with the integral development and with the free determination of its people.

We, men and women, through the Constitutional Assembly and with the originary power of the people, manifest our compromise with the unity and integrity of the country.

Complying with the mandate of our people, with the strength of our Pachamama and giving thanks to God, we refound Bolivia.

Honor and glory for the martyrs of this constituent and liberating feat that has made possible this new history.

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF BOLIVIA

Insofar as, the Bolivian People through the Referendum of January 25th of 2009, have approved the project of the State’s Political Constitution, presented to the Honorable National Congress by the Constituent Assembly on December 15th of 2007 with the adjustments established by the Honorable National Congress. By the will of the sovereign the following is proclaimed:

POLITICAL CONSTITUTION OF THE STATE

FIRST PART

FUNDAMENTAL BASES OF THE STATE

RIGHTS, DUTIES AND GUARANTEES

TITLE I

FUNDAMENTAL BASES OF THE STATE

FIRST CHAPTER

MODEL OF THE STATE

Article 1. Bolivia is constituted in a Social Unitary State of Plurinational Communitarian Law, free, independent, sovereign, democratic, intercultural, decentralized and with autonomies. Bolivia is founded in plurality and in political, economic, legal, cultural and linguistic pluralism, within the integrating process of the country.

Article 2. Given the pre-colonial existence of the indigenous originary farmer nations and people and their ancestral domain over their territories, their free determination is guaranteed within the framework of the unity of the State, which consists in their right to autonomy, to self-government, to their culture, to the recognition of their institutions and to the consolidation of their territorial entities, in accordance to this Constitution and to the law.

Article 3. The Bolivian nation is formed by the totality of the Bolivian males and females, the indigenous originary farmer nations and people, and the intercultural and afro-Bolivian communities which altogether make up the Bolivian people.

Article 4. The State respects and guarantees freedom of religion and spiritual belief, according to their cosmovisions. The State is independent of religion.

Article 5.

I.

The official languages of the State are the Spanish language and all of the languages of the indigenous originary farmer nations and people, that include the languages aymara, araona, naure, bésiro, canichana, cavineño, cayubaba, chácobo, chimán, ese ejia, guaraní, guarasu’we, guarayu, itonama, leco, machajuyai-kallawaya, machineri, maropa, mojeño-

trinitario, mojeño-ignaciano, moré, mosetén, movima, pacawara, puquina, quechua, sirionó, tacana, tapiete, toromona, uru-chipaya, weenhayek, yaminawa, yuki, yuracaré and zamuco.

II.

The plurinational Government and the departmental governments must use at least two of the official languages. One of them must be the Spanish language, and the other will be decided considering the use, convenience, circumstances, and needs and preferences of the total population or the territory in question. The rest of the autonomous governments must use the own languages of their territories, and one of them must be the Spanish language.

Article 6.

I.

Sucre is the Capital of Bolivia.

II.

The symbols of the State are the tricolor flag red, yellow and green; the Bolivian anthem; the coat of arms; the wiphala; the rosette; the kantuta flower and the patujú flower.

SECOND CHAPTER

PRINCIPLES, VALUES AND STATE PURPOSES

Article 7. Sovereignty resides in the Bolivian people, it is exercised in a direct and delegated manner. From it stems, by delegation, the functions and attributions of the organs of the public power; it is inalienable and imprescribable.

Article 8.

I.

The State assumes and promotes as ethic-moral principles of the plural society: ama qhilla, ama llulla, ama suwa (don’t be lazy, don’t be a liar, don’t be a thieve), suma qamaña (to live well), ñandereko (harmonious life), teko kavi (good life), ivi maraei (land without evil), and qhapaj ñan (noble path or life).

II.

The State is supported in the values of unity, equality, inclusion, dignity, liberty, solidarity, reciprocity, respect, complementarity, harmony, transparency, balance, equality of opportunities, social and gender equity in participation, common well-being, responsibility, social justice, distribution and redistribution of the products and social assets, to live well.

Article 9. The following are the essential purposes and functions of the State, as well as the ones established by the Constitution and the law:

1.

Constitute a just and harmonious society, founded in decolonization, without discrimination or exploitation, with plain social justice, to consolidate the plurinational identities.

2.

Guarantee the well-being, the development, the security and the protection and equal dignity of the people, the nations, the towns and communities, and encourage mutual respect and intracultural, intercultural and plurilingual dialog.

3.

Reaffirm and consolidate the unity of the country, and preserve its plurinational diversity as historical and human patrimony.

4.

Guarantee the fulfillment of the principles, values, rights and duties recognized and established in this Constitution.

5.

Guarantee the access of the people to education, health and labor.

6.

Promote and guarantee the reasonable and planned use of the natural resources, and encourage their industrialization, through the development and strengthening of the productive base in its different dimensions and levels, as well as the conservation of the environment, for the well-being of current and future generations.

Article 10.

I.

Bolivia is a pacifist State, which promotes the culture of peace and the right to peace, as well as the cooperation among peoples of the region and the world, in order to contribute to mutual knowledge, to equitable development and to the promotion of interculturality, with plain respect to the sovereignty of the states.

II.

Bolivia rejects any war of aggression as an instrument of solution to differences and conflicts between states and it reserves the right to legitimate defense in case of aggression that compromises the independence and integrity of the State.

III.

The installation of foreign military bases within the Bolivian territory is prohibited.

THIRD CHAPTER

SYSTEM OF GOVERNMENT

Article 11.

I.

The Republic of Bolivia adopts for its government the democratic, participative, representative and communitarian form, with equivalence of conditions among males and females.

II.

Democracy is exercised in the following forms, which will all be developed by the law:

1.

Direct and participative, by means of the referendum, the citizens’ legislative initiative, the revocation of mandate, the assembly, the town council and the prior consult.

The assemblies and town councils will have a deliberative character according to Law.

2.

Representative, by means of the election of representatives by universal, direct and secret vote, according to Law.

3.

Communitarian, by means of the election, appointment or nomination of authorities and representatives by the own norms and procedures of the indigenous originary farmer nations and people, among others,...