Member Article

On January 25, 2009, a new Bolivian constitution was approved by binding referendum. This new text comprises the seventeenth constitution enacted during the country’s 184 years of republican life. The new constitution brings forth a whole new system of government with changes both of form and substance. Examples of the former are new names for public institutions such as Congress, now known as “Asamblea Legislativa Plurinacional” and the Executive Branch, now known “Órgano Ejecutivo”. 
Examples of substantial changes such as the ability for presidents and vice –presidents to be reelected for a second consecutive term, the new minimum age requirement of 18 years for new congressmen to be elected, an increase of up to 36 members of Congress instead of 27 and the abolishment of “immunity” granted to members of Congress during their tenure.

Notable advance has been made in the area of Human Rights. These are now specifically recognized for disabled people, the indigenous population and other minority sectors of the Bolivian population such as the African Bolivians. Also, sensitive issues such as organ donations and the need for prior consent for all medical operations are now specifically regulated. Much of the spirit of the new text can be appreciated by the inclusion of principles and moral values as well as a reference to the pacifist nature of the Bolivian State and the priority placed on the protection of the environment. Although many consider the new text to have socialist tendencies, private landholders will not be affected with their rights so long as the property is being utilized for a social-economic function. Expropriation may only proceed in cases of public necessity and prior payment of just compensation. The expropriation of urban
properties is not allowed. From a commercial law point of view, consumers have the constitutional right to demand certain controls of quality, quantity and proper information about the products that are purchased. Private enterprises are recognized and guaranteed as well as the right to conduct any kind of legitimate service, industrial or commercial activity that contributes to the social and economic development of the State. The fight against corruption is another pivotal point of the new text. As such, every citizen has
the obligation to denounce acts of corruption hindering State property, whose culprit may not benefit from a statute of limitations or any kind of immunity. The law applies retroactively to sanction crimes committed by public servants against the interests of the State.