Spilling ink instead of blood: Bolivians approve new constitution

After months of street battles and political meetings, the people of Bolivia have approved a new constitution which grants long-overdue rights to the originarios, indigenous Bolivians who have been marginalised for centuries.

Benjamin Dangl

IN the morning on Sunday, 18 January, after a heavy rain fell on La Paz, Bolivia, the sun came out, drying the umbrellas of thousands of marchers winding through the city streets. The mobilisation was in support of a new constitution which was to be voted on on 25 January.

Eddie Mamani, a resident of La Paz with an indigenous wiphala flag draped around his neck, spoke loudly to be heard over the brass band playing behind him. 'For too many years we have been exploited by right wing politicians who do not govern for all Bolivians. We are marching today for our children and our grandchildren.'

The march, which stretched for some five blocks, was filled with the white, blue and black flags of the Movement Toward Socialism (MAS), the party of President Evo Morales. The sound of fireworks mixed with honking horns from cars and buses waiting for the march to pass. While posters of Morales bobbed up and down in the crowd, and copies of the new constitution were handed out to onlookers, marchers yelled 'SĄ, SĄ, SĄ! Vamos por el SĄ', urging voters to cast a 'Yes' ballot in the upcoming vote.

Major promise

Along with the nationalisation of Bolivia's gas reserves, rewriting the constitution was a major promise of Morales during his 2005 presidential campaign. The road to this new constitution has been a long, complicated and often violent one. One key event in this process was the 2 July 2006 election of assembly members to the constituent assembly to rewrite the constitution. Later, in December of 2007, the new constitution was passed in an assembly meeting in Oruro which was boycotted by opposition members. After months of street battles and political meetings, the Bolivian congress ratified a new draft of the constitution last 21 October. In many ways, these various steps were to culminate in the 25 January vote.

Among other significant changes, the new constitution allows for a broader involvement of the state in the Bolivian economy, including the state's participation in the gas and oil industry. The document calls for broader access to basic services, education and healthcare and prohibits the existence of US military bases on Bolivian soil. It establishes the Bolivian state as plurinational to reflect the diversity of indigenous and Afro-Bolivian groups in the country. It formally promotes the official use of the country's 36 indigenous languages. The new constitution also grants autonomy to indigenous groups across the nation, enabling them to govern their own communities. This autonomy for indigenous communities may undermine the power of right-wing prefects in opposition-led departments. The new constitution also expands the number of seats in the recently opposition-controlled Senate, and other seats are reserved specifically for Senators elected from indigenous communities.

Like many of the constitution's critics, Rolando, a 30-something resident of La Paz, was not enthusiastic about the extended rights granted to indigenous people. Rolando, sporting a beard and baseball cap, said he wouldn't be voting in support of the new constitution because 'it was not written for all Bolivians. It just takes into account the rights of rural and indigenous communities.' This is an often-heard critique of the constitution. Yet it doesn't fully take into account that 62% of the population self-identify as indigenous, and about the same percentage live under the poverty line. Many who support the new constitution were doing so because the document grants long-overdue rights to the originarios, indigenous Bolivians who have been marginalised for centuries.

Another point of contention was the way the constitution deals with religion. The former constitution says, 'The State recognises and upholds the apostolic Roman Catholic religion. [It] guarantees the exercise of every other cult.' The new constitution says, 'The State respects and guarantees the liberty of religion and spiritual beliefs, in accord with one's cosmovisiones. The State is independent of religion.' Many critics, besides fearing the separation of church and state, said this change opens the window for the government to allow gay marriage and legalise abortion. Unfortunately, nothing indicates that pushing for such much-needed policy changes is on the current government's agenda.

Under the new constitution, land deemed productive will not be broken up by the government, but unproductive land will be redistributed, and a cap on new land purchases - set either at 5,000 or 10,000 hectares - was to be voted on separately. Land reform is an area of the constitution which has been highly criticised from the Bolivian left. Critics say the constitution should go further in addressing the fact that most of Bolivia's land is in the hands of just a few wealthy families. These weak land reforms are considered a major concession to the right wing; much of Bolivia's fertile land is in the eastern departments, currently controlled by opposition prefects.

In what appears to have been another concession to the opposition, the draft constitution was also changed to prevent Morales from running for two additional terms, as an earlier draft of the constitution allowed. Pending the approval of the new constitution, Morales would run for his last consecutive term in general elections in December of 2009.

The days leading up to the constitutional vote were full of marches across the country for and against the new constitution.The 18 January mobilisation was a preview of things to come. Max, a participant in the march waving a MAS flag, and who described himself as 'just another Bolivian citizen', said that he is supporting the new constitution because of the many constitutions which Bolivia has had throughout its history, 'this is the best one'. He also approved of the way the constitution was developed in the constituent assembly and believed it was 'written for all Bolivians' and will 'help keep our leaders honest'.

One section of this march ended up in a park with a giant blown-up balloon figure of Evo Morales in the middle of it, and dozens of people handing out pamphlets on the new constitution and MAS calendars for the new year. While one group of people slapped 'SĄ' bumper stickers on cars in the area, another woman methodically peeled the same stickers off the guard rail of a nearby bridge.

Lourdes Calla, a brown-haired activist in the MAS, wove a wiphala flag and jumped to the rhythm of a nearby chant. 'I am voting in support of the constitution for the equality of all Bolivians - there should be no upper and lower economic class, we're all Bolivians,' she said. 'This new constitution has been created through a historically democratic process, and defends the rights of indigenous and rural communities. Now is the time to put these rights into practice.'

Right-wing opponents to the constitution were active in recent weeks as well, organising marches and campaigns across the country parallel to the activities of those supporting the constitution. When these groups collided, there were some violent confrontations, or at least some strong words exchanged.

Around noon on Wednesday, 21 January, a march against the constitution went down the central Prado street in La Paz. Participants were waving the pink flags of the right-wing Revolutionary Nationalist Movement (MNR) party with the message 'Vamos por el No' written on them. They arrived in the Plaza de Estudiantes where the ever-present Evo Morales balloon was situated along with a giant 'SĄ' balloon. A crowd of supporters of the new constitution had already gathered there; one of them had a microphone through which he broadcast his attacks on the right wing with comments such as 'You traitors don't have a real plan! We have a real plan with our new constitution!'

The tension escalated, and the two groups began tossing their ample literature and pamphlets at each other, yelling opposing chants. On one side were the blue flags of the MAS and the multi-coloured wiphala flag, and on the other were the pink flags of the MNR. After some spirited verbal battles, and a few scuffles and pushing matches, the MNR contingent marched back up the street, while the MAS supporters remained in the plaza, giving speeches and firing off roman candles into the evening.

Media battle

There have been numerous street battles throughout the process of re-writing and approving the new constitution. But another battle has been waged in the country's media. In the lead-up to the constitutional vote, major newspapers in Bolivia seemed almost unanimously critical of the constitution and the MAS, spreading regular misinformation about both. For example, one headline in the El Diario newspaper said, 'Bolivia Will Return To Barbarism With Community Justice.' (Community justice, practised by many indigenous groups across the country, is officially recognised in the new constitution.) In numerous papers, opinion articles and pieces that draw exclusively from right-wing politicians and civic leaders are regularly passed off as straight news, with headlines full of outright lies about the new constitution's contents.

Edwin, a La Paz taxi driver who used to work hauling furniture and goods on his back at local markets, agreed that most media in Bolivia are against Morales and e organising ourselves, we are preparing ourselves with media to broadcast the truth to the Bolivian people,' Morathe new constitution. 'But who cares what they say? The journalists are few, but we, the Bolivian people, are many.'

In response to the media's attacks against the government, Morales announced the launch of a new state newspaper, called Cambio, which was released on 22 January. 'We arles said in a speech. 'This new newspaper...won't humiliate anyone, but will inform and educate us.'

Voting day

On the day of the referendum, La Paz was unusually quiet. As driving is prohibited on referendum and election days to prevent people from voting more than once, the standard screech of bus horns was replaced with the sounds of birds singing and kids playing soccer in the empty streets. I went around the city to interview voters and found opinions sharply divided along ethnic and class lines.

After casting her ballot against the new constitution, Luz Barrientos, a retired teacher, stood in front of a juice stall in an upscale neighbourhood. She was upset that the country was being governed by an indigenous president and lamented the increased rights granted to indigenous communities. 'We are from the middle class, and as members of this class we have suffered. Indigenous people discriminate against us. They hate all people with white faces.' Waldo Valle, an engineer who also voted against the constitution, said: 'There haven't been any good changes with this government made up of ignorant peasants and Indians.'

In a working-class neighbourhood outside the city's centre, Juan Carlos Flores, a shoe-shiner with the standard ski mask over his face, said, 'I support the new constitution because it's not like the earlier ones. Now we have changes for everyone, not just for the rich.' Mary, a street vendor outside the voting area, said the whole neighbourhood was supporting the constitution 'because of our indigenous background, our race - that's why we support this government.' Juan Jose Arce, a MAS supporter who operates public cell phones for calls made in the street, said: 'We are poor people, and we hope the new constitution will be in favour of all poor people.'

As was widely expected, the new constitution was approved in the 25 January referendum (gaining approximately 62% support), as was the 5,000-hectare limit on land purchases. Moments after the results were known, thousands gathered to celebrate in the central Plaza Murillo in La Paz. Standing on the balcony of the presidential palace, President Morales addressed the raucous crowd: 'Here begins a new Bolivia. Here we begin to reach true equality.' The event was underscored by the fact that just over 50 years ago, indigenous people were prohibited from entering that same plaza. Cheers and horns sounded off sporadically across La Paz. Morales said: 'I want you to know something, the colonial state ends here. Internal colonialism and external colonialism end here. Sisters and brothers, neoliberalism ends here too.'

Fireworks were lit at the end of Morales' speech in the Plaza Murillo, sending pigeons flying. As the night wore on, people began dancing to bands playing folk music in the street. At midnight, when the police asked the thousands gathered to leave the plaza, the crowd marched off, taking the fiesta to central La Paz, cheering nearly every Latin American revolutionary cheer, pounding drums and sharing beer.

After marching down a number of blocks on the empty streets, the crowd settled down for a street party at the base of a statue of none other than Sim˘n BolĄvar. The celebration, which included Bolivians, Argentines, Brazilians, Paraguayans, French, British, North Americans and more, went on into the early hours of the morning.

Oscar Rocababo, a Bolivian sociologist working on his Master's degree in La Paz, was elated about the victory in the referendum: 'The passage of this constitution is like the cherry on top of the ice cream, the culmination of many years of struggle.'

Regardless of the extent to which the changes in the new constitution are applied, the document is significant in that it has been a central part of the political battleground for the bulk of Morales' time in office. The constitution is also a kind of mirror held up to Bolivian politics, representing the hopes, contradictions and shortcomings of various sides of the political divide.

There are many valid criticisms of the constitution from the left - that the document won't allow for the break-up of existing large land holdings, that it won't legalise abortion, that it doesn't go far enough in combating neoliberalism, that there exists a lot of vague language about how these changes will be implemented, and more. But of the many people who cast their ballot for the constitution, a significant number didn't vote specifically for the new document, or even the MAS government, but against the right wing, and the racism, poverty and conflicts the right has exacerbated in recent years.

Bolivia's racial and class divisions will likely continue in spite of the passage of the new constitution. However, the referendum's results will further weaken Bolivia's right wing. Even Manfred Reyes Villa, an opponent of Morales and an ex-governor of Cochabamba, told the Washington Post: 'Today, there is not a serious opposition in the country.' When the right-wing-led violence in the department of Pando in September of 2008 left some 20 people dead and many others wounded, the right lost much of its legitimacy and support. In the coming months, much of the country's political tensions may be directed into the electoral realm, rather than bloody conflicts in the streets.

As Bolivia's Vice President Alvaro Garcia Linera explained in a 2007 interview with the Americas Program, Bolivia's tensions, both racial and economic, are not anything new for Bolivia: 'The novelty today is that for the first time the society is forced to look at itself in the mirror, and it has to see its limitations, its cracks, its weaknesses. ... The real problem would be if we didn't resolve them, if we just did what past governments have done and swept them under the rug.'                

Benjamin Dangl is the author of The Price of Fire: Resource Wars and Social Movements in Bolivia (AK Press). He is the editor of TowardFreedom.com, a progressive perspective on world events, and UpsideDownWorld.org, a website on activism and politics in Latin America.

*Third World Resurgence No. 221/222, January-February 2009, pp 10-12