MAS' DRAFT CONSTITUTION

C O N F I D E N T I A L SECTION 01 OF 03 LA PAZ 002130

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/09/2016
TAGS: ECON PGOV PREL BL
SUBJECT: MAS' DRAFT CONSTITUTION


Classified By: Amb. David N. Greenlee for reasons 1.4 (b) and (d).


1. (C) Summary: President Morales' Movement Toward Socialism
(MAS) party is circulating a draft constitution for the
Constituent Assembly, although other drafts, which we have
not reviewed, seem to be circulating as well. The draft we
have seen, which contains strong socialist and communist
notes, calls for a greater state role in the economy, creates
a new branch of government to "control" the executive,
legislative and judicial branches, and attempts to safeguard
the rights of the indigenous. Populist, anti-imperialist
rhetoric is strewn throughout the draft, which fails to
provide any real detail about key issues such as departmental
autonomy, ownership of natural resources, land reform, or
religious education. While the draft provides some insight
into MAS thinking, it remains far from clear what the final
constitution will look like. End summary.


2. (C) President Morales' Movement Toward Socialism (MAS)
party is circulating a draft constitution for the Constituent
Assembly. Embassy contacts who are critical of the MAS note
similarities to the Cuban and Venezuelan constitutions and
speculate about Cuban/Venezuelan influence in the drafting
process. Populist, anti-imperialist rhetoric is strewn
throughout. In its first title, the constitution proclaims
that "the Bolivian republic makes its own the principles of
anti-imperialism and internationalism." It declares
solidarity with the third world in light of "the imperialist
and neocolonial policy that pursues the limitation or
subordination of our people's sovereignty and aggravates
oppressive and exploitative economic conditions of
underdeveloped nations." Throughout, it refers to the new
Bolivian state as "a socialist and communal society."

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A NEW ECONOMIC SYSTEM
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3. (C) The Constitution calls for a greater state role in the
economy, providing that the state "organizes, directs and
controls national economic activity." It advocates state
control of monetary policy and foreign commerce, implying
exchange controls on foreign currency. The draft confirms
state ownership and protection of the subsoil, mines, natural
resources, forests, and waters, but fails to address
nationalization of natural resources. It also declares the
means of production community property, providing for state
control of factories, businesses and banks that have been
"nationalized and expropriated by imperialists, land-owners
and the middle class," as well as the communication and
transportation industries.


4. (C) The MAS draft also provides for state ownership of
all land not owned by small farmers, cooperatives or
indigenous communities, implying significant land
redistribution and/or state taking of privately-owned land.
It prohibits renting or transferring land to foreign states,
but is unclear whether this prohibition also applies to
foreign individuals. The constitution provides for
indemnification for expropriation, and includes extensive
provisions to benefit small agricultural producers. Although
land reform is thought to be one of the main issues the
Constituent Assembly will address, the draft provides few
details on that issue.

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CHANGES TO DEMOCRATIC INSTITUTIONS
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5. (C) The MAS envisions the new Bolivian state to have five
separate powers -- a citizens' power, a national assembly, a
national executive, the judicial system and the national
electoral assembly -- and cites the importance of the
independence and coordination of these powers. The only new
structure, the citizens' power, a nine-person council with
one representative per elected per department, would

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"control" other state powers, conduct audits and manage the
public ministry (including the attorney general),human
rights ombudsman, the controller general, and the police and
armed forces. The draft also makes Bolivia's bicameral
Congress unicameral, creating one chamber with 70
representatives elected for five-year terms. The
constitution refers to Sucre as the capital of Bolivia, and
specifically states that the judicial and legislative
branches will be housed there.


6. (C) The MAS also proposes significant changes in the
executive and judicial branches. The president would be
elected by a simple majority vote, and if no candidate
achieved 50 percent plus one of the vote, a runoff would be
held between the top two vote-getters. While the draft
permits one five-year term for the president without the
possibility of re-election, opposition parties believe that
the MAS will propose reelection once the Constituent Assembly
begins its deliberations August 15. The president will
continue to appoint his cabinet, but must consult with social
organizations first. In case of natural catastrophes, public
calamities, economic emergency, internal unrest or external
conflict "that puts the security of the nation at risk," the
president, in consultation with the cabinet, may declare a
state of emergency in which constitutional guarantees are
"temporarily restricted" for up to 150 days depending on the
situation. As for the Supreme Court, the MAS would increase
the number of justices from twelve to eighteen, and elect,
instead of appoint them (two per department). Each justice
must hold a law degree and have five years of legal
experience. Finally, the MAS would abolish the
Constitutional Court as a separate institution and make it a
chamber of the Supreme Court.


7. (C) The draft contains no express reference to
departmental autonomy, one of the main issues driving the
Constituent Assembly. It does, however, mention "political
and administrative decentralization," and acknowledges the
legal identity of Bolivia's territorial divisions --
indigenous territories, departments, and municipalities --
but does not clearly delineate the powers of each. The
draft sets up additional local government structures, such as
departmental and municipal assemblies, which appear to be
intended to oversee the prefects and mayors respectively.

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INDIGENOUS AND INDIVIDUAL RIGHTS
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8. (C) The draft devotes a large amount of text to the
protection of indigenous rights. It proclaims respect for
indigenous communities and their cultures, as well as their
right to land, health services, and political participation.
Indigenous representation, although not clearly defined, is
guaranteed in the National Assembly. The constitution also
provides that affected indigenous communities must be
consulted regarding the use of natural resources.


9. C) The MAS constitution recognizes freedom of expression
and press "consistent with the ends of the socialist and
communal society." It does not address religious teachings
in Bolivian schools, but does cite universal access to
education and freedom of religion in separate provisions.
The draft provides that the state "recognizes, respects and
guarantees freedom of conscience and religion" as well as the
right to change one's beliefs or have none. It also imposes
upon parents the legal obligation to educate and help their
children "prepare for their lives in Bolivia's
social-communal society." Likewise, it provides that
children must respect and assist their parents.

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COMMENT
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10. (C) While this draft provides some insight into MAS

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thinking, it remains to be seen what will emerge from the
Constituent Assembly. Political analysts report that there
may be as many as three different "MAS" draft constitutions,
and that there is intra-party debate about how far
constitutional reforms should reach. It seems likely,
however, that whatever the end result, the new constitution
will probably reflect some Venezuelan and Cuban influence,
and the state will have a much more expansive role in
Bolivian society. End comment.

GREENLEE