The current Constitution of Bolivia (; literally, the Political Constitution of the State) came into effect on 7 February 2009 when it was promulgated by President Evo Morales, after being approved in a referendum with 90.24% participation. The referendum was held on 25 January 2009, with the constitution being approved by 61.43% of voters.
It is the 17th constitution in the country's history; previous constitutions were enacted in 1826, 1831, 1834, 1839, 1843, 1851, 1861, 1868, 1871, 1878, 1880, 1938, 1945, 1947, 1961, and 1967.
The 2009 Constitution defines Bolivia as a unitary plurinational, and secular (rather than a Catholic, as before) state, formally known as the Plurinational State of Bolivia. It calls for a mixed economy of state, private, and communal ownership; restricts private land ownership to a maximum of 5,000 hectares (12,400 acres); and recognizes a variety of autonomies at the local and departmental level. It elevates the electoral authorities to become a fourth constitutional power; introduces the possibility of recall elections for all elected officials; and enlarges the Senate. Members of the enlarged National Congress will be elected by first past the post voting in the future, in a change from the previous mixed member proportional system. The judiciary is reformed, and judges will be elected in the future and no longer appointed by the National Congress. It declares natural resources to be the exclusive dominion of the Bolivian people, administered by the state. Sucre will be acknowledged as Bolivia's capital, but the institutions will remain where they are (executive and legislative in La Paz, judiciary in Sucre). The electoral authorities will be situated in Sucre.
Drafting process
The Bolivian Gas War preceded the drafting process. The Gas War centered on the controversial decision of the National Revolutionary Movement (MNR) party to export Bolivian natural gas through Chilean ports which had been taken by Chile in the Pacific War of the 1870s. The Gas War came to a head in October 2003 with violent protest throughout the country from various social actors, leaving at least 70 dead. The then President Gonzalo Sánchez de Lozada ('Goni') resigned and fled to the US. Goni was succeeded by Vice President Carlos Mesa who was forced to step down amid further widespread protest in El Alto, La Paz and Cochabamba in June 2005. This led to the selection of judge Eduardo Rodríguez as head of a caretaker government which provided setting for new elections in December 2005. A number of new parties stepped into the political frame.
Evo Morales' MAS party was elected and began implementing its 'October Agenda', a set of social movement demands stemming from The Gas War. The first of these tasks was to initiate a Constitutional Assembly to write a new constitution. The assembly comprised elected representatives from every region of the country. The Assembly failed to reach common agreement over various issues, including the rules of operation. Eventually, having failed to reach an agreement in Sucre - often amid violent protest or else stalemate - the MAS party were forced to retreat to Oruro to finalise the Constitution. The constitution was therefore further modified by an Editing Commission before, with much fanfare, Evo presided over the passage of the new Constitution on 14 December 2007.
Because nationally and internationally this process was not considered democratic by some, the constitution was not at the time considered legitimate, though it provided some political stability to Bolivia. Therefore, there was an ongoing process of renegotiation: this included dialogue in Cochabamba between the President and opposition Prefects in September 2008; and in Congress during negotiations for a referendum in October 2008.
Text and provisions of the 2009 Constitution
Organization
The text of the constitution is divided in five broad parts: Part One: Fundamental Bases of the State, Rights, Obligations, and Guarantees Part Two: Functional Structure and Organization of the State Part Three: Territorial Structure and Organization of the State Part Four: Economic Structure and Organization of the State Part Five: Hierarchy of Norms and Reform of the Constitution
Each part is divided into titles, and these titles into chapters. Some chapters are themselves divided into sections. Altogether the constitution has 411 articles.
State and democracy
Bolivia is established by the current constitution as a plural and unitary state: