Draft constitution "approved" in Bolivia amid bloodshed
Against a backdrop of violence which saw at least four dead and 130 injured, on 24 November, delegates from the ruling Movimiento al Socialismo (MAS) pushed a draft of the new constitution through the constituent assembly. Given the obvious incongruity of a democratic charter being approved under military guard, with many regulations flouted and key issues omitted, the opposition has been quick to challenge the legality of the new constitution. It condemned the process of its approval, however, rather than its content.
After attempts to reconvene the assembly in Sucre were repeatedly thwarted by local opposition, the MAS and its supporters moved the assembly into an army-run high school on the outskirts of Sucre in a desperate attempt to produce something before the assembly's mandate runs out on 14 December. Until 24 November, not a single article had been approved.
Ironically, considering the months of fighting between MAS and the opposition over voting procedures in the assembly, the document was eventually approved by 136 of the 138 delegates present, barely the majority of the full constituent assembly of 255 and well below the two-thirds majority (168 votes) needed to approve any draft constitution. Virtually all the delegates were from the MAS, with the remainder having boycotted the assembly in protest. This imbues the constitution with dubious legitimacy.
As well as the lack of opposition and two-thirds majority, other questionable features of the approval procedure include the fact that the new constitution was not read out in its entirety nor printed - suggesting that it was not even clear that the MAS delegates knew what they were voting for. MAS representatives told the daily newspaper, La Razón, that the approved text incorporates articles previously agreed by committees as well as MAS (majority) versions of articles on contentious issues.
However, only 15 of the 21 committee reports were read aloud in the approval session, with chapters on key issues which had proved sticking points - such as the transfer of the capital from La Paz to Sucre - omitted. MAS delegates told La Razón that Sucre would serve as the site of the judicial and electoral powers while the legislative and executive will remain in La Paz, with the issue to be incorporated into the draft when being approved in its entirety.
Other regulations flouted in the approval process include the failure to establish an integration and compatibility committee to coordinate the majority and minority proposals to be included in the draft and reducing time allocated to present motions, reports and debate.
In terms of content, the draft guarantees a plurinational state; state control of the country's resources; access to basic services, presidential re-election and four types of autonomy- departmental, regional, municipal and indigenous - the second model rejected by indigenous groups, the opposition and the federation of municipal associations.
Violence
While the ruling party celebrated the approval of the constitution, with assembly president Silvia Lazarte declaring it an "historic moment", violence broke out outside the school as protesters clashed with police in demonstrations. Four people died and 130 were injured.
The deaths are the first in the chaotic process of producing the new constitution. The last elected president, Gonzalo Sánchez de Lozada, was ousted shortly after he used force against his opponents in 2003 and Morales has so far used neither the police nor the army to curb his opponents.
The military did not participate in efforts to control the protests, which could have led to a higher death toll, while the police force formally withdrew from Sucre to Potosi after pro-Sucre protestors destroyed police vehicles and sacked police installations.
The violence abated after MAS delegates left Sucre but both Morales and the opposition continue to blame each other for it. On 25 November, Morales requested a full investigation into the protests and lamented that the citizens of Sucre had "been totally manipulated by groups that do not want the profound changes the new constitution will bring." Vice-President Álvaro García Linera also maintained that the violence constitutes part of a plan not only to destroy the assembly but also to overthrow Morales.
Response from the opposition
Rather than focus on the contents of the draft of the constitution itself, the opposition has attacked the manner in which it was approved, questioning its legitimacy as a result. The leader of the main opposition party, Podemos, Jorge Quiroga, said it was "worth about as much as used toilet paper."
Representatives from other opposition parties also criticised the draft for reflecting the vision of only one political party, with Movimiento Nacionalista Revolucionario (MNR) assembly delegate Guillermo Richter arguing that the country's "institutional health" would suffer.
Opposition leaders from the four Media Luna departments of Santa Cruz, Tarija, Beni, Pando, as well as Chuquisaca and Cochabamba called a general strike on 28 November. The strike was well supported and the head of the Santa Cruz civic committee, Branko Marinkovic, announced an indefinite hunger strike for 3 December.
Future uncertain
According to assembly procedures, the next step is an article-by-article vote by the plenary with a revised draft to be approved by a two-thirds majority. Any article that does not achieve approval by two-thirds will be voted on in a popular referendum, with Bolivians voting between the majority and minority proposals. A second referendum will then be held to approve the entire constitution.
However, it is unclear whether this will take place. If the opposition continues to refuse to take part in the approval process, each of the 408 articles would have to be voted on in a national referendum which could pose numerous logistic difficulties and further undermine the credibility of the new constitution.
IDH controversy
Both houses of congress approved the proposal to use profits from the direct hydrocarbon tax (IDH) to provide a new pension plan for senior citizens. The MAS-controlled lower chamber approved the bill on 27 October but the opposition-led senate amended it on 23 November. The senate altered the MAS plan to switch money allocated to the prefects to fund the pension, recommending other sources of finance. However, pro-Morales supporters besieged the legislative building on 27 November preventing opposition senators from entering. In their absence, the government's original scheme was approved.