[Marxism] New Bolivian constitution - Foundations of the state

[Fred Fuentes <fred.fuentes@xxxxxxxxx>]

New Political Constitution of the State - Foundations of the State

http://boliviarising.blogspot.com/2009/06/new-political-constitution-of-state.html
(We will continue to republish successive parts of the new
constitution at Bolivia Rising)

FIRST PART
FOUNDATIONS OF THE STATE
RIGHTS, RESPONSIBILITIES AND GUARANTEES

TITLE I
FOUNDATIONS OF THE STATE

FIRST CHAPTER
MODEL OF STATE

Article 1. Bolivia is constituted in a Social Unitary State of
Plurinational Communitarian Law, free, independent, sovereign,
democratic, intercultural, decentralized and with autonomies. Bolivia
is founded in plurality and in political, economic, legal, cultural
and linguistic pluralism, within the integrating process of the
country.

Article 2. Given the pre-colonial existence of the indigenous
originary farmer nations and people and their ancestral domain over
their territories, their free determination is guaranteed within the
frame of the unity of the State, which consists in their right to
autonomy, to self-government, to their culture, to the recognition of
their institutions and to the consolidation of their territorial
entities, in accordance to this Constitution and to the law.

Article 3. The Bolivian nation is formed by the totality of the
Bolivian males and females, the indigenous originary farmer nations
and people, and the intercultural and afro-Bolivian communities which
altogether make up the Bolivian people.

Article 4. The State respects and guarantees freedom of religion and
spiritual belief, according to their cosmovisions. The State is
independent of religion.

Article 5.

I. The official languages of the State are the Spanish language and
all of the languages of the indigenous originary farmer nations and
people, that include the languages aymara, araona, naure, bésiro,
canichana, cavineño, cayubaba, chácobo, chimán, ese ejia, guaraní,
guarasu’we, guarayu, itonama, leco, machajuyai-kallawaya, machineri,
maropa, mojeño-trinitario, mojeño-ignaciano, moré, mosetén, movima,
pacawara, puquina, quechua, sirionó, tacana, tapiete, toromona,
uru-chipaya, weenhayek, yaminawa, yuki, yuracaré and zamuco.

II. The plurinational Government and the departmental governments must
use at least two of the official languages. One of them must be the
Spanish language, and the other will be decided considering the use,
convenience, circumstances, and needs and preferences of the total
population or the territory in question. The rest of the autonomous
governments must use the own languages of their territories, and one
of them must be the Spanish language.

Article 6.

I. Sucre is the Capital of Bolivia.

II. The symbols of the State are the tricolor flag red, yellow and
green; the Bolivian anthem; the coat of arms; the wiphala; the
rosette; the kantuta flower and the patujú flower.


SECOND CHAPTER
PRINCIPLES, VALUES AND AIMS OF THE STATE

Article 7. Sovereignty resides in the Bolivian people, it is exercised
in a direct and delegated manner. From it stems, by delegation, the
functions and attributions of the organs of the public power; it is
inalienable and imprescribable.

Article 8.

I. The State assumes and promotes as ethic-moral principles of the
plural society: ama qhilla, ama llulla, ama suwa (don’t be lazy, don’t
be a liar, don’t be a thieve), suma qamaña (to live well), ñandereko
(harmonious life), teko kavi (good life), ivi maraei (land without
evil), and qhapaj ñan (noble path or life).

II. The State is supported in the values of unity, equality,
inclusion, dignity, liberty, solidarity, reciprocity, respect,
complementarity, harmony, transparency, balance, equality of
opportunities, social and gender equity in participation, common
well-being, responsibility, social justice, distribution and
redistribution of the products and social assets, to live well.

Article 9. The following are the essential purposes and functions of
the State, as well as the ones established by the Constitution and the
law:

1. Constitute a just and harmonious society, founded in
decolonization, without discrimination or exploitation, with plain
social justice, to consolidate the plurinational identities.

2. Guarantee the well-being, the development, the security and the
protection and equal dignity of the people, the nations, the towns and
communities, and encourage mutual respect and intracultural,
intercultural and plurilingual dialog.

3. Reaffirm and consolidate the unity of the country, and preserve its
plurinational diversity as historical and human patrimony.

4. Guarantee the fulfillment of the principles, values, rights and
duties recognized and established in this Constitution.

5. Guarantee the access of the people to education, health and labor.

6. Promote and guarantee the reasonable and planned use of the natural
resources, and encourage their industrialization, through the
development and strengthening of the productive base in its different
dimensions and levels, as well as the conservation of the environment,
for the well-being of current and future generations.

Article 10.

I. Bolivia is a pacifist State, which promotes the culture of peace
and the right to peace, as well as the cooperation among peoples of
the region and the world, in order to contribute to mutual knowledge,
to equitable development and to the promotion of interculturality,
with plain respect to the sovereignty of the states.

II. Bolivia rejects any war of aggression as an instrument of solution
to differences and conflicts between states and it reserves the right
to legitimate defense in case of aggression that compromises the
independence and integrity of the State.

III. The installation of foreign military bases within the Bolivian
territory is prohibited.


THIRD CHAPTER
SYSTEM OF GOVERNMENT

Article 11.

I. The Republic of Bolivia adopts for its government the democratic,
participative, representative and communitarian form, with equivalence
of conditions among males and females.

II. Democracy is exercised in the following forms, which will all be
developed by the law:

1. Direct and participative, by means of the referendum, the citizens’
legislative initiative, the revocation of mandate, the assembly, the
town council and the prior consult. The assemblies and town councils
will have a deliberative character according to Law.

2. Representative, by means of the election of representatives by
universal, direct and secret vote, according to Law.

3. Communitarian, by means of the election, appointment or nomination
of authorities and representatives by the own norms and procedures of
the indigenous originary farmer nations and people, among others,
according to Law.

Article 12.

I. The State organizes and structures its public power through the
Legislative, Executive, Judicial and Electoral organs. The
organization of the State is founded on the independence, separation,
coordination and cooperation among these organs.

II. The control and defense of the society and the defense of the
State are state functions.

III. The functions of the public organs can not be gathered in one
sole organ nor can they be delegated among each other.

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