MAS' LATEST DRAFT CONSTITUTION: RADICAL RUMORS

C O N F I D E N T I A L LA PAZ 002355

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/15/2017
TAGS: ECON PGOV PREL BL
SUBJECT: MAS' LATEST DRAFT CONSTITUTION: RADICAL RUMORS

REF: A. LA PAZ 2333


B. LA PAZ 2244

Classified By: A/DCM Mike Hammer for reasons 1.4 (b) and (d).

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Summary
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1. (C) On August 15, national newspaper La Razon published a
draft constitution purportedly written by the ruling Movement
Toward Socialism (MAS) party and President Evo Morales'
Venezuelan and Spanish advisors. In the days following the
publication, some MAS officials repudiated the draft while
others confirmed that it was the MAS draft under
consideration in the Constituent Assembly, and eventually MAS
spokespersons said it was indeed the MAS draft. Among the
most important new elements of the draft were unlimited
reelection for the president, the requirement that
presidential candidates speak an indigenous language,
elimination of international arbitration options for foreign
investors, different autonomies including departmental,
regional, municipal and indigenous autonomies, special
benefits for indigenous citizens, and state control of
electronic media (ref B.) Emboffs have since heard from
multiple sources that there is a newer, more-radical
constitution being considered in the Constituent Assembly as
the official MAS draft. Emboffs have not seen this supposed
new draft, nor can we confirm reports of the contents. What
follows is a possible but not probable bad-case scenario.
End Summary.

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New Draft, No copies
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2. (C) So far the existence of a different, more-radical
draft constitution is only hearsay, albeit from well-placed
sources. The new draft was mentioned in a meeting in
Cochabamba, where emboffs noted that media representatives
present did not seem to have access to the new draft.
Opposition contacts in the Constituent Assembly state that
the draft is close-hold, and that they cannot provide us with
any copies, not even of the most critical portions. However,
one contact did provide a list of the differences from the
original draft that, in this contact's opinion, were most
important.

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Possible Changes
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3. (C) Reportedly, the new draft eliminates the possibility
of private education, a change that could be damaging to the
mission, as it might affect the American school. (Note:
Ambassador Goldberg met with Education Minister Cajias on
August 22 to discuss ways to protect the American school,
including an agreement that is currently being considered by
the Education Ministry that would allow the American school
to continue unaffected by Bolivian education reform.
Minister Cajias stated that she was very willing to sign an
agreement protecting the American School's status, and that
Bolivia's new education law would respect the right of
parents to choose their children's educational type. End
note.) Also, the new draft is reportedly more radical in
terms of indigenous empowerment, creating an indigenous
"fourth power" to act as a separate oversight body with
powers equal to the executive, legislative and judicial
branches and allowing for indigenous autonomy but not
departmental autonomy (Note: failure to allow for
departmental autonomy could spark protests in the media luna
departments, which voted for departmental autonomy in the
2006 referendum. End note.) Reportedly the new draft also
weakens protection for private property, although our contact
did not give further details.
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No Constitutional Oversight for Draft Constitution?
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4. (C) Opposition members of the Constituent Assembly worry
that MAS members, including Constituent Assembly President
Silvia Lazarte, may call a surprise session of the Assembly,
in an attempt to decrease the opposition presence and thereby
increase the MAS "majority of those present." Contacts in
the Constituent Assembly tell us that they fear a surprise
session would be used to vote on the draft Constitution,
possibly allowing the MAS another simple majority win. With
four of five Constitutional Tribunal magistrates currently
suspended (ref A),Bolivia lacks an official body to review
the constitutionality of laws or official acts. There is a
possibility that the MAS Constituent Assembly members could
pass the MAS constitution by simple majority, and there would
be no Constitutional Tribunal to rule on the
constitutionality of such an act. If the new constitution
was approved by national referendum, as has been ordered by
Congress, the new constitution could form the basis of any
future constitutional review. Thus, the MAS could
potentially push through their constitutional changes with no
group to act as review or restraint.

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Comment
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5. (C) There is still no firm evidence that the MAS intends
to put the new draft constitution to a vote in the near
future, and no current version of the newest rumored draft
constitution is available for review. However, it is clear
that the MAS is willing to manipulate the rules in order to
achieve their objectives (for example, August 22's "majority"
vote of 61 MAS members of Congress to impeach the
Constitutional Tribunal magistrates, in a vote called to
session in the Vice Presidential suites without any
opposition congressmen present.) As violence continues in
Sucre and the media luna departments are planning a civil
strike for August 28, the MAS may take advantage of the many
distractions to continue to try to push their agenda, with
little consideration for legal niceties. End comment.

URS