[Marxism] Bolivia: constitution vote today, opp divisions and more nationalisations

[Fred Fuentes <fred.fuentes@xxxxxxxxx>]

Evo Morales promises 'democratic revolution'

Naomi Mapstone in Lima and Andres Schipani in La Paz, January 23

Evo Morales, Bolivia's popular leftwing president, has ended his campaign
for a new constitution ahead of Sunday's national referendum with promises
of "democratic revolution" and a new era of equality for the volatile Andean
nation.

At a rally in La Paz, thousands of supporters waved the multicoloured check
flag of indigenous people and chanted "Evo, yes!" beneath a giant inflatable
figure of Mr Morales in a trademark striped woollen jumper.

For Mr Morales, Bolivia's first indigenous president, the rally was a
celebration of three years in office, and a milestone in his bid to extend
state control over natural resources and redistribute land and set quotas
for indigenous groups in government.

"There will be millions and millions of Bolivians who will guarantee the
approval of the new constitution to refound Bolivia so as to be a new state
with equal opportunities, a new state where everyone will have the same
rights and duties," Mr Morales said. "Brothers and sisters, we have to
guarantee this democratic revolution with Evo Morales or without Evo
Morales.".....
http://boliviarising.blogspot.com/2009/01/evo-morales-promises-democratic.html

As Bolivians Vote on New Constitution, Opposition Finds Itself Divided
Joshua Partlow, Sunday, January 25

.....But as Bolivians go to the polls Sunday to vote on that constitution,
Morales opponents are divided and seemingly demoralized, with many
acknowledging they have little hope of voting it down. In a country where a
majority of people are of indigenous descent and poor, the opposition does
not, at the moment, have a national figure or a message to challenge the
appeal and charisma of Morales.

"Today, there is not a serious opposition in the country," said Manfred
Reyes Villa, the former governor of Cochabamba and a Morales opponent, who
was ousted during a nationwide recall referendum in August.

Those free-market advocates who disagreed with Morales's policies --
demanding more regional revenue from oil and gas companies, state payments
to poor children and the elderly -- coalesced not in a political party but
around regional governors and civic committee leaders in the eastern states.
They had momentum in May and June when Santa Cruz, Beni, Pando and Tarija
passed autonomy referendums.

But their movement stumbled in August, during a national referendum on
whether to recall Morales halfway through his first term. Morales won by a
landslide, capturing 67 percent of the vote, exceeding the 53 percent he
achieved during his election in December 2005.

The victory not only energized his push for a new constitution, it also
inflamed the situation in opposition territory. Anti-government mobs
ransacked and burned government offices. The trouble peaked on Sept. 11,
when a group of Morales supporters came under attack on a dirt road in the
Amazonian region of Pando. About 20 people were killed, though the numbers
are in dispute, and a subsequent report from the Union of South American
Nations called it a "massacre." Civil war seemed a possibility.

"They were much more aggressive. They didn't have a response to the recall
referendum," Antonio Peredo, a senator from Morales's Movement Toward
Socialism party, said of the opposition. "The only response that they found
was the violence, in hope that the government would respond with violence,
and then they could publicize the image of an authoritarian dictatorship
capable of massacres."

Morales imprisoned the governor of Pando, Leopoldo Fernández, and accused
him of orchestrating the killings. The killings and the arrest, according to
analysts and politicians, undercut the opposition's momentum.

"With Pando, the regional opposition just collapsed," said George Gray
Molina, a research fellow at Oxford University and former United Nations
official in Bolivia. "I think they lost authority and legitimacy even among
their own grass roots."........
http://boliviarising.blogspot.com/2009/01/as-bolivians-vote-on-new-constitution.html


Bolivia: After Rallies for New Constitution, Morales Nationalizes Oil
Company
Benjamin Dangl, Saturday, 24 January 2009

......The next day, Friday, January 23, Morales signed a decree
nationalizing all of the shares of the Chaco Petrolera Ltd. Oil Company. The
President said employees at the company would keep their jobs, but the
directive board would be replaced. The company is managed by Anglo-Argentine
Panamerican Energy, and is a subsidiary of the British company BP. Under
Morales, the Bolivian government has previously taken over various gas, oil,
mining and telecom companies.

After signing the decree in Entre Rios, Morales said, "Little by little, we
are taking back our companies, our natural resources." He explained that
"oil companies are not respecting Bolivian standards," but that the
government "will respect private investment as long as they respect Bolivian
norms… We want partners, not bosses."

"The best homage to the country and for those who have given their lives in
social struggles is this recuperation [of the gas industry] which belongs to
us," Pedro Montes, the executive leader of the Bolivian Workers' Center
(COB), told the Agencia Boliviana de Información. "Evo Morales is not alone
because we, the workers, are accompanying him."
....
http://boliviarising.blogspot.com/2009/01/bolivia-after-rallies-for-new.html



Bolivia's New Constitution

Alex van Schaick, Jan 21 2009
http://boliviarising.blogspot.com/2009/01/bolivias-new-constitution.html

On January 25, Bolivians will vote on whether to approve a new constitution,
which polls indicate will be easily passed. The new constitution will
introduce sweeping changes, particularly on indigenous rights and on the
fundamental right of every citizen to have access to basic public services.
It also calls for a more active role for the state in economic matters and
natural resource control. The constitution makes important reforms in the
areas of gender, environment, labor, and land tenure. But it remains unclear
how many of these changes will be implemented.


In October, Bolivia's Congress approved a draft constitution that will go to
a nation-wide referendum on January 25, 2008. Observers agree the
constitution will likely be approved given the popularity of President Evo
Morales and his left-wing Movement Toward Socialism (MAS) party.

Bolivia follows in the footsteps of Venezuela and Ecuador, which have passed
substantial overhauls of their constitutions in 1999 and 2008, respectively.
But what changes will Bolivia's proposed constitution put into place?


Indigenous Rights


Strengthening the rights and power of Bolivia's indigenous majority, who
have long lacked meaningful participation in politics, is one of the central
aims of the proposed constitution. The text designates the Bolivian state as
"pluri-national" (a nation composed of many nations) in recognition of the
country's 36 pre-Columbian indigenous nations and Afro-Bolivians.


Article 5 requires that the state institutions cater to the linguistic
traditions of indigenous people, who may be less comfortable speaking
Spanish than a native language. The article stresses, "The official
languages of the State are Spanish and all the languages of the indigenous
peoples and nations. The pluri-national Government and the departmental
governments must use at least two official languages, one of which must be
Spanish and the other will be chosen taking into account the use,
convenience, circumstances, necessities and preferences of the population."


The Bolivian constitution cements some of the rights outlined in the 2007 UN
Declaration on the Rights of Indigenous Peoples, which supports indigenous
self-government and self-determination. Article 289 in the constitution
stipulates, "Rural indigenous autonomy consists of self-government and the
exercise of self-determination for rural indigenous nations and native
peoples who share territory, culture, history, language, and unique forms of
juridical, political, social, and economic organization."


Concretely, the draft constitution gives indigenous people organized in an
autonomous territory the right to write their own statutes, as long as these
do not violate any laws or the constitution. Indigenous communities will
decide how to manage development—economic and otherwise—how to administer
local natural resources. Local indigenous governments will also be allowed
to levy some taxes and appropriate the funds.


Fulfilling a long-standing demand of Bolivia's indigenous groups, the
constitution enshrines the right of autonomous indigenous territories to
carry out community justice according to their traditional practices—again,
as long as government laws are not violated.


New Responsibilities of the State


The state has myriad new responsibilities to the Bolivian people under the
draft constitution. Citizens have the right to water, food, education,
health care, housing, retirement, electricity, telecommunications, and other
basic services. The state will have the obligation to insure access to such
basic services in an efficient and equitable manner. Education must be free
and health insurance must be universal.


Article 20 establishes access to water and sewage systems as human rights
and bans the privatization of these services.


The new Magna Carta guarantees access to pharmaceuticals with the state
prioritizing the domestic production of generic drugs. Access to drugs
"cannot be restricted by intellectual property rights or commercialization,"
reads article 41. And Article 42 states, "It is the responsibility of the
State to promote and guarantee the respect, use, research, and practice of
traditional medicine" and mandates the creation of a register of natural
medicines as the cultural patrimony of Bolivia's indigenous people.


Sovereignty over Strategic Resources


One of the central demands of Bolivia's popular movements during protests
against the neoliberal governments between 2000 and 2005 was the
nationalization of strategic natural resources. The new constitution
reflects these demands, although it is unclear what its provisions will mean
in terms of future state action.


Article 349 declares, "Natural resources are the inalienable and indivisible
property and direct dominion of the Bolivian people and will be
administrated, in the collective interest, by the State." YPFB, the state
oil and gas company, will be in charge of the entire productive chain
(exploration, exploitation, commercialization), although it is authorized to
sign contracts with private companies allowing their participation in
productive activities. Both YPFB and Bolivia's state mining company are
legally barred from privatization.


Gender Rights


The draft constitution contains provisions that strengthen women's rights
although it falls short on abortion and same-sex marriage or civil unions.
On the positive side, article 14 prohibits discrimination based on sex,
gender identity, or sexual preference. And article 15 contains language
against familial and gendered violence. Article 48 guarantees equal
remuneration for men and women with the same job.


The constitution also requires equal participation of women and men in
Bolivia's Congress. However, the document defines marriage and civil unions
as an act between a man and woman. It also vaguely "guarantees men and women
the exercise of their sexual and reproductive rights," but does not
specifically tackle the issue of abortion, which remains illegal in Bolivia.


Workers' Rights


With regard to workers rights, the new constitution does not fundamentally
alter worker-employer relations but offers workers a few new protections.
Aside from recognizing the right to strike and form unions, the constitution
guarantees job stability. According to Article 49, "The State will protect
job stability. Unjustified firing and all forms of labor abuse are
prohibited."


Article 54 establishes that workers in businesses that are going bankrupt or
are abandoned in "an unjustified way" will be able to take over such
enterprises, with State support, and turn them into "community or social"
business if such action is in accord with the law and the public interest.


Environmental Rights


Bolivia's draft Magna Carta also has an environmentalist bent. It requires
that "all forms of economic organization have the obligation to protect the
environment" and that the state and population conserve, protect and
sustainably exploit natural resources and biodiversity "in order to maintain
equilibrium with the environment." Although such blanket statements sound
nice, the real question is to what extent corporations and perhaps more
importantly Bolivia's state-owned enterprises will be held accountable for
their environmental impact, particularly in light of the importance of
natural resource extraction for state coffers.


Military Issues


Following in Ecuador's footsteps, article 10 of the new constitution
explicitly prohibits foreign military bases on Bolivian soil. Notably,
article 10 also flatly states, "Bolivia is a pacifist State" and the country
"rejects all wars of aggression as an instrument to solve differences and
conflicts between states."


While Bolivia's new constitution undoubtedly represents a major advance for
the country's social movements, the real test will come when its often-vague
and unclear language is actually legislated. Implementing some of the
constitutions provisions will likely spark protracted legislative battles
with the right-wing opposition, with each side flexing its collective muscle
in the streets. If implementing legislation is passed, it will be up to the
courts to interpret and enforce the laws. This raises a serious problem for
the Morales administration: Bolivia's judicial system is in shambles.


It remains to be seen whether the lofty aims of the constitution will yield
concrete results.

Alex van Schaick is a NACLA Research Associate. He recently returned from a
Fulbright scholarship in Bolivia.


--
www.worldatacrossroads.org

World at a Crossroads - Fighting for Socialism in the 21st Century

Easter 2009, April 10-13, Sydney Girls High, Sydney, Australia

A conference that brings together socialist and progressive activists and
thinkers from around Australia, Latin America, Asia-Pacific and North
America to discuss the urgent questions of our time.

For more info, email dsp@xxxxxxxxxx or sydney.resistance@xxxxxxxxx, or phone
(02) 9690 1230.

Organised by the Democratic Socialist Perspective and Resistance. Sponsored
by Green Left Weekly.
________________________________________________
YOU MUST clip all extraneous text when replying to a message.
Send list submissions to: Marxism@xxxxxxxxxxxxxxxxxxx
Set your options at: 
http://lists.econ.utah.edu/mailman/options/marxism/archive%40archives.econ.utah.edu