The Social Conflict Brought Out Atavistic Ideas About Origins and Rights | El conflicto social sacó a relucir atavismos sobre orígenes y derechos

By Juan José Toro, Brújula Digital:

The road blockades and the narrative promoted by their instigators revived an anachronistic view of race and origin, disregarding more than 200 years of evolution in the concepts of nationality and naturalization.

The decree of August 11, 1825 granted Bolivian nationality to those who fought at Junín and Ayacucho.

The social conflict that sought the resignation of President Rodrigo Paz Pereira not only caused significant economic damage, but also represented a setback in the perception of civil rights such as nationality and citizenship.

The instigators of the blockades, among them former president Evo Morales, resorted to an outdated narrative about race and origin. During the protests, statements were heard that “the gringos must leave” Bolivia and return the country to its supposed owners—that is, those born in it. One of the arguments raised concerned Paz Pereira’s place of birth, and in doing so, more than two centuries of development in the concept of naturalization were ignored.

Manuel Ossorio’s Dictionary of Legal, Political, and Social Sciences defines naturalization as the “civil and political means by which foreigners acquire the privileges and rights belonging to natives of the country” (p. 609). It is therefore the mechanism through which nationality, and even citizenship, may be acquired.

Background

Of these two concepts, citizenship is the older one, dating back to the Greek city-states around the 5th century BC, whereas nationality began to be discussed during the 18th and 19th centuries with the formation of modern nation-states.

Regarding the territory that is now Bolivia, the background lies in the Spanish Empire, which applied a class-based model distinguishing Spaniards, Indigenous people, Blacks, and Mulattoes—the categories that appeared in the Laws of the Indies. For this reason, the Constitution signed in Bayonne on July 7, 1808, after Joseph Bonaparte had taken the Spanish throne, is a milestone. Article 87, contained in Title X, established for the first time in that territory that “the Spanish Kingdoms and Provinces of America and Asia shall enjoy the same rights as the Metropolis” (ACD-PR FVIII, 23), an obvious attempt at equality of representation.

This same Constitution, which Spaniards refer to as the “Statute,” also contained a reference to naturalization. Article 125 provided that “foreigners who render or have rendered important services to the State, and those who may be useful through their talents, inventions, or industry, and those who establish major enterprises or acquire landed property for which they pay an annual tax of fifty pesos fuertes, may be admitted to enjoy the rights of residence” (Ibid., 31).

The truly revolutionary document, however, was the Constitution of Cádiz, enacted in that city on March 19, 1812. Its Article 1 established that “the Spanish Nation is the union of all Spaniards of both hemispheres” (ACD-CO, 2), proclaiming an equality that had not previously existed.

Chapter IV of this Constitution addresses citizenship. Article 18 states that “citizens are those Spaniards who trace their origin through both parental lines to the Spanish dominions in both hemispheres and who reside in any town within those dominions.” The following article adds that “a foreigner who already enjoys the rights of a Spaniard may also become a citizen if granted a special charter of citizenship by the Cortes” (Ibid., 6).

In the Republic

As is well known, the provinces of Charcas declared their independence on August 6, 1825. Two days later, the Republic of Bolívar was founded, and the deputies responsible for both events issued a decree on August 11 that formalized the country’s name and established a system of honors not only for Simón Bolívar and Antonio José de Sucre, but also for the officers and soldiers who fought alongside them.

Article 18 of that decree stated verbatim: “Every man who fought for liberty at Junín or Ayacucho shall be regarded as a native and citizen of the Republic of Bolívar” (ABNB-PL 103, 22v). This granted Bolivian nationality not only to Bolívar and Sucre but also to all those who fought in those battles. This included the Peruvian-born Agustín Gamarra, the Irish-born Francis Burdett O’Connor, the German-born Otto Felipe Braun, and the Colombian-born José María Córdova and León Galindo, among others. This legal act effectively demolishes claims that the liberators were “foreigners.”

This nationality was not merely symbolic. It was exercised, especially by those naturalized citizens who chose to remain in Bolivia, such as O’Connor and Galindo.

León Galindo, for example, was appointed Prefect of Potosí. In a letter that José Ignacio Sanjinés sent on April 21, 1826, to the Secretary General of Government, he wrote:

“Brigadier General Gregorio Fernández can very well perform the duties of the Prefecture of La Paz, and the Deputation takes pleasure in seeing the Grand Marshal Andrés Santa Cruz replaced by a brave man. Colonel León Galindo has abundantly demonstrated his virtues, prudence, judgment, and other qualities that make him worthy of any office; consequently, the Department of Potosí could have no better Prefect. Both are Bolivians by law…” (ABNB MI T9-1, 24r).

Institutions

The draft Constitution sent by Simón Bolívar on May 25, 1826 incorporated the provisions of the decree. Article 10 stated that “Bolivians are: 1) all those born within the territory of the Republic; 2) the children of a Bolivian father or mother born outside the territory, once they legally express their intention to reside in Bolivia; and 3) the Liberators of the Republic, declared as such by the Law of August 11, 1825” (Bolívar, 4).

The Constitution ultimately approved by the Constituent Congress only modified subsection 3, replacing it with the text: “those who fought for liberty at Junín or Ayacucho” (TCP, 25), thereby reaffirming the provisions of the August 11 law.

Article 12, paragraph four, of the Constitution promulgated by Andrés de Santa Cruz on August 14, 1831 recognized as Bolivian citizens “foreigners serving the Republic and those who fight in its defense” (Santa Cruz, 4).

The current Constitution, promoted and promulgated by Evo Morales, states in Article 141, paragraph one, that “Bolivian nationality is acquired by birth or by naturalization. Bolivians by birth are persons born within Bolivian territory, except for the children of foreign diplomatic personnel; and persons born abroad to a Bolivian mother or a Bolivian father” (TCP, 447).

Paz Pereira

The current President of Bolivia, Rodrigo Paz Pereira, was born in Santiago de Compostela, Spain, on September 22, 1967, because his father, Jaime Paz Zamora, was living in exile.

As a person born abroad to a Bolivian father, he would automatically acquire Bolivian nationality under current law. However, he was born under the 1967 Constitution, whose Article 36 defined nationality of origin as follows: “Bolivians by origin are … those born abroad to a Bolivian father or mother, by the mere fact of establishing residence within the national territory or registering at a consulate” (Ibid., 203).

Paz Pereira established residence in Bolivia and therefore became a Bolivian by origin, equivalent to a Bolivian by birth. This status was later reaffirmed by the new Constitution. Consequently, he possesses both Bolivian nationality and citizenship, which enabled him to participate in electoral processes through which he was elected councilman, mayor, senator for Tarija, and most recently, President of Bolivia.

Criticizing him because of his place of birth constitutes discrimination on the basis of nationality, as prohibited by Article 14, paragraph II, of the current Constitution.

Sources consulted: ABNB MI T9-1. National Archive and Library of Bolivia. Ministry of the Interior, Volume 9-1; ABNB-PL 103. National Archive and Library of Bolivia. Legislative Branch, File 103; ACD-CO. Archive of the Congress of Deputies. Original Constitutions; ACD-PR FVIII. Archive of the Congress of Deputies. Reserved Papers of Ferdinand VII, Sign. T.3, F.69-89; Bolívar, Simón (1826), Draft Constitution for the Republic of Bolivia and Address of the Liberator, Republican Press, Lima; Cabanellas de Torres, Guillermo (1993), Elementary Legal Dictionary, 11th edition, Editorial Heliasta, Buenos Aires; Ossorio, Manuel (2008), Dictionary of Legal, Political, and Social Sciences, 33rd edition, Editorial Heliasta, Buenos Aires; TCP, Plurinational Constitutional Tribunal of Bolivia (2018), The Political Constitutions of Bolivia, 1826–2009, Plurinational Academy of Constitutional Studies, Sucre.

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