Constitutional Reform Frozen by Crisis | Reforma Constitucional Frenada por la Crisis

By Yolanda Mamani, El Deber:

The critical path to modifying the Political Constitution requires at least four steps

La vía crítica para modificar la Constitución Política requiere al menos de unos cuatro pasos

After six months, Rodrigo Paz presented the 10 core laws to change the state model/APG

As long as the Government does not solve the economic and social crisis, there will not be a suitable scenario for structural reforms because the population will not go to a referendum hungry, amid road blockades and shortages, says a former magistrate of the Constitutional Court.

The critical route for the partial modification of the Political Constitution of the State (CPE), announced by President Rodrigo Paz, requires at least four indispensable steps to be fulfilled. These steps are: solving the economic crisis, achieving social stability, activating a reengineering process in Parliament, and achieving rapprochement between Paz and Vice President Edmand Lara, who presides over the Legislative Assembly.

“The partial reform of the Constitution needs everyone’s help,” President Paz said while announcing the creation of a constitutional reform commission. The Government plans to present by the end of this year a proposal detailing which points of the Magna Carta should be modified in order to “approve them quickly in Congress (the Assembly).”

Meanwhile, the 10 fundamental bills would be analyzed and debated in the Assembly.

La vía crítica para modificar la Constitución Política requiere al menos de unos cuatro pasos

Silvia Lazarte, president of the Constituent Assembly, raises the Bolivian Constitution enacted in 2009

The road ahead

The political and social crisis, with protests and mobilizations battering the western part of the country, could become an obstacle to beginning work on these reforms.

Constitutional lawyer Marco Antonio Baldivieso stated that the priority is to solve the increasingly severe economic crisis, which is generating confrontation among sectors and regions. “The core issue is solving the economic crisis.”

The former magistrate urged the Government to apply the principle of authority and stop being so permissive with radical groups, to the detriment of the entire population. “There is no favorable environment. You cannot call a hungry people, blocked by road protests and forced to stand in line for everything, to a referendum on constitutional reform,” he said.

For his part, deputy and constitutional expert Carlos Alarcón said that, in logical and strategic order, the Constitution must first be modified to remove those articles that, for example in hydrocarbons, prevent attracting investment. Once these points are adjusted, a new law can be built.

“If that straitjacket is not changed, those laws will be a mirage as long as we do not carry out the partial constitutional reform,” Alarcón stated, adding that if the Government does not recover its authority and continues allowing violent groups to generate unrest, “the current situation will not make any constitutional reform or changes to fundamental laws viable.”

Constitutional expert and former senator Carlos Börth agreed with that order, meaning that the questioned articles of the Magna Carta must first be modified before working on the fundamental laws.

For Börth, the essential point is for the Legislative Assembly to begin its work and for both chambers to approve, by a two-thirds vote, the articles intended for modification. Once that step is completed, the Assembly must call a referendum for popular consultation so the population can vote for or against these modifications.

That is where the other requirement comes in: to guarantee the two-thirds vote, the ruling party must first rebuild its divided parliamentary base, said the former senator from Oruro. “To gather two-thirds, agreements must be reached with Libre and the Unidad alliance that supports the Government. Between the three, they have more than two-thirds,” he stated.

The fourth point is for Paz and Lara to reconcile and work together to solve the crisis.

“A country cannot tackle a reform agenda with a president and vice president who do not even speak to each other. Reforming the Political Constitution of the State goes through Congress. Institutional appointments go through Vice President Lara. I am not asking for love, kisses, or hugs, but there must be a minimum level of institutional cohesion,” former president Jorge Tuto Quiroga stated.

The Assembly still has the pending task of approving this year’s revised budget

The Chamber of Deputies still has not scheduled a session to discuss the bill reformulating the 2026 General State Budget (PGE), and until it fulfills that task and sends it to the Senate Chamber, both bodies cannot begin working on the fundamental bills, much less reforms, according to agreement within Parliament.

It is expected that this week the leadership of the Deputies Chamber will place discussion of the revised PGE on its weekly agenda, said deputy Carlos Alarcón (Unidad). However, last week the Planning Commission, which is responsible for reviewing the bill, did not address it in session.

After President Rodrigo Paz announced that he already has the package of 10 fundamental bills ready, the Government reported that they were sent to the Economic and Social Policy Analysis Unit (Udape) before being forwarded to Parliament.

Among the 10 bills are: the Hydrocarbons Law; Investment Law; Mining Law; Green Economy Law; Bolivian Entrepreneur Law; Electoral Law; Justice Reform Law; National Security Law; State and Bureaucracy Reduction Law; and the new Electricity Law.

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