State of Exception Reform | Reforma del Estado de Excepción

By El Pais:

State of Exception: What Does It Mean and What Happens After the Repeal of Law 1341?

The law regulated the detailed procedure, concrete limits, and consequences for those who abuse the measure

State of exception

In a session convened at the House of Liberty in Sucre to celebrate the 217th anniversary of Chuquisaca, the full Senate approved by more than a two-thirds majority — and in record time — the bill repealing Law No. 1341, the regulation that since July 2020 had governed states of exception in Bolivia. The text was immediately sent to the Chamber of Deputies for review, which initially rejected the virtual session call and referred the text to the Constitutional Commission, meaning it would reach the floor no earlier than Tuesday.

The initiative was unexpectedly introduced by Senate President Diego Ávila Navajas and brought to a vote through a waiver of procedures. Only three senators, identified with Vice President Edmand Lara’s bloc, voted against it.

The repeal comes at the worst possible moment to assess it calmly: Bolivia has endured more than three weeks of highway blockades, La Paz is virtually under siege, clashes are taking place in El Alto, and growing calls for the resignation of President Rodrigo Paz, who took office only six months ago.

What Law 1341 Was and Why It Mattered

Law 1341, promoted in 2020 by then-Senate President Eva Copa, did not create the state of exception — that already existed in the Constitution — but rather regulated it: it established time limits, precise grounds, untouchable rights, accountability mechanisms, and, crucially, criminal liability for those who violated them.

Its repeal does not eliminate the possibility of declaring a state of exception. That authority still exists under Article 137 of the Political Constitution of the State. What disappears is everything Law 1341 added beyond that article: the detailed procedure, concrete limits, and consequences for those who abuse the measure.

The repeal of Law 1341 removes a series of limits and safeguards that regulated the state of exception in Bolivia. The maximum limit of 60 calendar days for its duration disappears, as does the obligation to specifically justify each restriction of rights. The Foreign Ministry’s duty to notify the OAS and the UN within 24 hours is eliminated, along with the explicit catalog of untouchable rights, including life, personal integrity, access to information, and judicial guarantees. The law also ceases to establish criminal, civil, and administrative liability for officials who violate rights under the protection of a state of exception, and removes the clarification that “due obedience” does not exempt someone from guilt. In addition, the prohibition on declaring a second state of exception without prior legislative authorization disappears, as does the explicit requirement that adopted measures be reasonable and proportional to the threat motivating them.

What Remains: Article 137 as the Only Foundation

Article 137 of the Bolivian Constitution is brief. It establishes that the President may declare a state of exception in the event of danger to state security, external threat, internal unrest, or natural disaster. It states that this is done through a Supreme Decree. And it says that the Legislative Assembly must “consider” the measure within 72 hours. Nothing more.

What Article 137 does not say is precisely what is now missing: how long it may last, which rights may be restricted and which may not, how each measure must be justified, what happens if the Assembly rejects it, or what consequences follow from abuse. That ambiguity was precisely what Law 1341 was meant to fill.

Together with Article 137 of the Constitution, Articles 138, 139, and 140 provide general notions without establishing clear deadlines or procedures: they state that a state of exception in Bolivia must subsequently be approved by the Plurinational Legislative Assembly within 72 hours of its declaration, maintaining a strict and proportional relationship with the situation that motivated it and without generally suspending constitutional rights. In addition, the Executive is obligated to render accounts regarding the causes and use of extraordinary powers, while any violation of rights may lead to criminal proceedings. The Constitution also prohibits granting extraordinary powers outside constitutional limits, preventing the concentration of public power or leaving rights and guarantees at the mercy of a single authority, and establishes that no constitutional reform may begin while a state of exception is in force. Finally, once concluded, another state of exception may not be declared during the following year unless previously authorized by the Legislature.

International human rights treaties — the American Convention on Human Rights and the International Covenant on Civil and Political Rights — remain part of Bolivia’s domestic law under Article 410 of the Constitution. But the difference now is that there is no concrete national regulation translating them into applicable procedures or enforceable responsibilities for individual officials.

What This Means in Practice

• The Executive may declare a state of exception with fewer formal requirements

• The Assembly must “consider” it within 72 hours, but the Constitution does not establish what happens if it rejects it

• There is no legal cap on duration: it could be extended without an explicit limit

• Liability for officials who abuse their authority reverts to ordinary law, without a specific regulation

• Successive states of exception could be declared without requiring prior legislative authorization

• The catalog of untouchable rights shifts from being a domestic legal obligation to depending on international treaties with more diffuse application

What Comes Next: The Move to Deputies and the Legal Vacuum

The bill was sent this Sunday to the Chamber of Deputies, which initially referred it to the Constitutional Commission and rejected an extraordinary virtual session, meaning the debate would reach the floor no earlier than Tuesday. If that chamber approves it — which could occur in the coming hours given the urgency with which it was handled in the Senate — the repeal would be enacted and enter into force upon promulgation by President Rodrigo Paz.

Some senators spoke of drafting a new “fair and balanced” law. Until such a law exists, Bolivia will operate in a legal vacuum regarding states of exception: with the tool constitutionally enabled, but without the regulation that imposes limits on it, meaning the presidential decree itself would effectively define those limits.

The Ombudsman’s Office, the Catholic Church, and the Permanent Assembly for Human Rights of El Alto issued a joint statement today calling for calm and respect for fundamental rights. They did not specifically comment on the repeal, which was approved in the late afternoon hours.

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