Governing from Afar | Gobernar a Distancia

By Erbol:

TO GOVERN FROM A DISTANCE

Controversy over Decree 5515: between allegations of unconstitutionality and arguments of governability

Paz and Lara are in conflict less than two months after taking office.

Is it to sustain governability, or is it an authoritarian turn? A new debate has emerged in Bolivia’s political arena due to Supreme Decree 5515, under which President Rodrigo Paz could govern remotely through technological means if he leaves the country, while the Vice President Edmand Lara’s room for action is curtailed.

Voices have arisen questioning the constitutionality of the Decree and, additionally, raising concerns about the institutional impact generated by the conflict between the two top authorities.

The most critical argue that the Decree steers Bolivia toward a “dictatorship,” while those who defend the measure justify it as necessary to preserve governability and prevent Lara from exercising the presidency.

Doubts about the Decree’s constitutionality focus on Article 169 of the Constitution, which states that in the event of the temporary absence of the head of state, “the Vice President shall assume the Presidency of the State, for a period not exceeding ninety days.”

Likewise, the Decree cuts back the powers previously held by the Vice President and requires that, if he exercises the presidency, he must follow the express instructions of the head of state and coordinate with the Minister of the Presidency.

Criticisms

Jurist and former president Eduardo Rodríguez Veltzé spoke out about the Decree and deemed it “absurd” to use “measures of debatable constitutionality” to escalate differences between the President and Vice President. “There are more than enough reasons to demand greater respect and responsibility for public office,” he said via X.

The vice president of the Pro Santa Cruz Committee, Agustín Zambrana, lamented the emergence of “odd formulas” stemming from internal infighting and distrust toward Lara.

“This is not leadership; this is institutional and political disorder that must be resolved once and for all. Political disorder turns into normative chaos, and normative chaos becomes social anxiety,” he criticized, while urging Paz and Lara to settle their differences immediately.

Analyst Franz Rafael Barrios observed that the Decree administratively alters the constitutional design of the Presidency of the State and reproduces practices he termed “Evo times,” when “they just shoved things through.” He added that most serious is the usurpation of the Vice President’s functions in favor of the Minister of the Presidency, who is not an elected authority.

Also regarding the Decree, the municipal Director of Governability of La Paz, Gonzalo Barrientos, considered these measures inadvisable for institutional integrity and unprecedented, as they stem from a dispute between President and Vice President.

The Secretary General of the Vice Presidency, Freddy Vidovic, stated that the Vice President’s powers are being usurped by the Minister of the Presidency and said the decree “not only violates the constitutional order, but also distorts the institutional design of the Executive Branch, alters the balance of functions provided for by the Constitution, and, paradoxically, ends up weakening the President himself by concentrating strategic decisions in a figure without direct democratic legitimacy.”

Actors who see dictatorship

Different left-wing political actors and the COB considered that the rule issued by Paz places him on the path to dictatorship, since he would be governing by decree while dispensing with the Assembly.

Former deputy Héctor Arce said Decree 5515 is illegal, abusive, and crude, meant to trample Lara. He said Rodrigo Paz shows signs of being a “petty dictator.”

Arce warned that the decree sets a bad precedent that could be replicated by bad mayors and governors to make decisions without accountability to their respective legislatures.

Former senator Leonardo Loza maintained that the “decree is illegal, unconstitutional, and dangerous, because it violates the Constitution and democracy, setting a serious precedent of abuse of power.” “We will not remain silent in the face of these abuses nor normalize authoritarianism disguised as modernity,” he added.

Former deputy Anyelo Céspedes also denounced that the Constitution is being trampled and that under Paz there is a dictatorship. He further criticized the silence of current parliamentarians.

The Bolivian Workers’ Confederation (COB), through a statement, denounced that the Government “intends to govern by decree, forcing the constitutional framework, relativizing submission to the law, and tailoring institutions to the convenience of those in power.”

The COB labeled the Executive Branch’s attitude as an “authoritarian practice typical of a dictatorial government that tramples the Constitution and degrades democracy into a mere formal procedure.”

Defense on grounds of governability

From the other side, voices also emerged defending Decree 5515 on the grounds of preserving governability, which they argue would be affected if Edmand Lara were to exercise the presidency.

Analyst and politician Fernando Untoja argued that the country is experiencing an “exceptional political and economic juncture that demands real governability,” and that the opposition ceases to be legitimate “when it becomes a permanent obstacle.”

Untoja said that “no president can sustain command by delegating it to those who seek to erode it,” and that “applauding Decree 5515 is defending the institutional order.” “The alternative is not freedom or authoritarianism; the true dilemma is political stability or anarchy,” he reflected.

Former deputy Amílcar Barral said Lara cannot be president even for a minute, because he would be capable of issuing decrees and dismissing ministers due to his ambition for power. He justified interpreting the Constitution in this way.

From the Government, the Vice Minister of Transparency, Yamil García, argued that the Decree updates constitutional interpretation in light of technological advances, but also warned that the Vice President could generate acts against the Government, as he told Brújula Digital.

“The public cannot be exposed to a situation where the President has to be absent for a few days and the Vice President begins generating acts that go directly against the entire government policy,” the Vice Minister emphasized.

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