A number of observers have wondered what were the specific criticisms of the new draft constitution (CPE) put forward by the opposition. Yesterda’s El Deber published a brief outline of the opposition’s seven criticisms (and the relevant articles of the draft CPE). I’m simply giving rough paraphrased translations below:
Theme 1: Democratic Institutionalization
The proposed CPE eliminates the concept of republic, because it denies Bolivian nation by subdividing the population into various “nations” w/ different rights (Art. 1, 2, 3, and 5).
It creates second class citizens, granting special representation to some citizens (Art. 149).
It excludes representation of minorities in the legislature. (Art. 147).
It eliminates the separation of powers between branches of government (Art. 242 & 243).
Bolivia’s constitutional tradition has rejected immediate presidential reelection to avoid presidents “politicizing” their office (Art. 169).
Theme 2: Equality
The proposed CPE grants different rights to different citizens (Art. 30.4, 30.14, 30.17, 149.1, 200, 2006, and 235).
Theme 3: Justice
The proposed CPE distorts communitarian justice by allow its application beyond traditional uses & customs, and violates the rights of citizens who aren’t members of those communities by recognizing territorial community rights over individual human rights (Art. 180, 191, 192, and 193).
It “politicizes” justice by allowing elections for judges (Art. 183, 184, and 195).
It alters the nature of the constitution by specifying the crime of “treason to the fatherland” (patria), turning the constitution into a penal code.
Theme: Autonomy 4
The proposed CPE doesn’t give departments the right to dictate departmental laws (Art. 229, 277, 278, 279, 281, 284, 290, 292, and 410).
Theme 5: Economy
The proposed CPE restricts private property (Art. 316), negates access to basic services (Art. 20), and introduces disincentives to economic production (Art. 314).
Theme 6: Agriculture
The proposed CPE doesn’t encourage (commercial) agriculture because it legalizes the confiscation of property based on government whims (Art. 398 & 400).
Theme 7: Constitutional Stability
The proposed CPE allows for simple majorities (rather than super majorities) to change the constitution (Art. 411).
-----
Of course, depending on one’s ideological convictions, some criticisms may hold less weight than others. For example, the election of judges may not be a major obstacle (many local judges in the US are elected). Others, such as the adoption to two parallel legal systems (“communitarian” & “ordinary”) are more difficult to reconcile. But at least this provides a sense of what the “Media Luna” critics believe is wrong w/ the proposed constitution, in concrete terms.
