The five milestones in the approval of Bolivia's 2009 Constitution
Translated from Spanish, summarized and contextualized by DistantNews.
At a glance
- Bolivia's 2009 Political Constitution has been in effect for 16 years, originating from a constituent assembly process that began in the late 20th century.
- The new constitution was approved by a referendum on January 25, 2009, with 61.43% voting in favor, and was promulgated on February 7, 2009.
- Modifying the constitution can occur through a constituent assembly for fundamental changes, popular initiative for partial reforms, or the Plurinational Legislative Assembly with a two-thirds majority, with any partial reform requiring an additional public referendum.
Bolivia's current Political Constitution, enacted in 2009, has remained in place for 16 years, marking a significant period since its inception.
The journey to this constitution began with a demand for a new foundational law, leading to the March 6, 2006, Law convening the Constituent Assembly, promulgated by then-President Evo Morales. This process was lengthy and fraught with challenges. After considerable conflict, the Bolivian Constituent Assembly approved the draft of the new Political Constitution in Oruro on December 9, 2007. However, this text faced rejection from various regions and political parties.
Further negotiations and debates on modifications took place in the former National Congress. A final text was agreed upon by political parties and the MAS (Movement Towards Socialism) on October 21, 2008, following a week where politicians and journalists remained within the congressional building. The Bolivian people then voted on the new constitution in a referendum held on January 25, 2009. The 'Yes' vote secured 61.43% of the ballots, leading to the promulgation of the new Constitution by President Evo Morales in El Alto on February 7, 2009.
Article 411 of the current constitution outlines three pathways for amendment. Fundamental changes affecting core principles, rights, duties, or guarantees require a new Constituent Assembly. Partial reforms can be initiated by popular demand, needing signatures from at least 20% of the electorate. Alternatively, the Plurinational Legislative Assembly can enact reforms via a constitutional reform law, passed by a two-thirds majority of members present. Crucially, any partial reform necessitates an "approving constitutional referendum," meaning the public will likely be called to vote again for such changes.
Originally published by El Deber in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.