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For Many Bolivians, New Constitution Is Illegal

December 23, 2007

(Angus Reid Global Monitor) - Many people in Bolivia reject the proposed body of law drafted by their Constituent Assembly, according to a poll by Equipos Mori. 48 per cent of respondents think the new Constitution—which has not yet entered into force—is illegal.

Evo Morales—an indigenous leader and former coca-leaf farmer—won the December 2005 presidential election as the candidate for the Movement to Socialism (MAS), with 53.7 per cent of the vote. He officially took over as Bolivia’s head of state in January 2006.

In August 2006, the National Constituent Assembly—an elected ad-hoc body tasked with re-writing the country’s constitution—held its first session. The assembly was supposed to sit for just one year, but the process was marred by discrepancies between opposition parties and pro-government factions about whether the charter should be approved by a simple majority, as well as an attempt by MAS legislators to introduce an article to allow the indefinite re-election of the president. Opposition parties believed this would give Morales a chance to remain in power for as long as he wants.

In early September, violent protests over the content of the Constitution forced the assembly to temporarily suspend its meetings. The members resumed their duties on Sept. 20

On Nov. 24, a draft constitution was approved inside a military base in the vicinity of Sucre, with the support of all pro-government assembly members. Three people died and 20 more were injured during protests staged by the opposition to complain about the change of venue. The proposed draft includes articles that allow for consecutive presidential re-election, the creation of 36 autonomous indigenous communities, and tighter government controls over private media outlets.

On Dec. 18, after voicing their rejection to the draft constitution, the governors of the energy-rich departments of Santa Cruz, Tarija, Beni and Pando announced that they would gather signatures and call a referendum in order to achieve greater autonomy from Bolivia’s central government. Morales invited the four governors to hold talks with him about the initiative, but warned that "the armed forces (...) are here to make sure that the country never disintegrates."

On Dec. 21, presidential spokesman Alex Contreras chided the opposition, saying, "It would seem they do not want a dialogue, and they do not want a referendum either. They have a very different agenda from the one we have as a government. They should not engage in violent actions because we will act within the law."

The proposed Constitution must be ratified in a nationwide referendum.

Polling Data

Do you think the National Constitution approved by the Constituent Assembly is legal or illegal?

Legal

35%

Illegal

48%

Not sure

17%

Source: Equipos MORI
Methodology: Interviews with 1,100 adult Bolivians, conducted from Dec. 1 to Dec. 6, 2007. Margin of error is 3.5 per cent.