PART III. STRUCTURE AND ORGANIZATION OF THE STATE TERRITORIES
TITLE I. TERRITORIAL ORGANIZATION OF THE STATE
CHAPTER I. General Matters
Article 269
- Bolivia is organized territorially into departments, provinces, municipalities and rural native indigenous territories.
- The creation, modification and definition of the territorial units shall be made by the democratic will of their inhabitants, in accordance with the conditions established in the Constitution and law.
- The regions shall form part of the territorial organization, under the terms and conditions determined by law.
Article 270
The principles that govern territorial organization and the decentralized and autonomous territorial entities are: unity, voluntariness, solidarity, equity, the common good, self government, equality, complementariness, reciprocity, gender equity, subsidiarity, gradualness, coordination and institutional faithfulness, transparency, public participation and control, provision of economic resources and the pre-existence of the nations and rural native indigenous peoples, under the terms established in this Constitution.
Article 271
- The Framework Law of Autonomies and Decentralization shall regulate the procedures for the following: drafting the autonomous Statutes and the Organic Charters, the transference and delegation of authority, the financial economic system, and the coordination between the central level and the decentralized and autonomous territorial entities.
- The Framework Law of Autonomies and Decentralization shall be approved by two-thirds of the votes of the members of the Pluri-National Legislative Assembly who are present.
Article 272
Autonomy implies the direct election of the authorities by the citizens, the administration of its economic resources, and the exercise of legislative, regulatory, fiscal and executive authority by the organs of the autonomous government in the area of its jurisdiction, competence and authority.
Article 273
The law shall regulate the formation of the communities among municipalities, regions and rural native indigenous territories for the purpose of achieving their objectives.
Article 274
In the decentralized departments, the election of the prefects and departmental councils shall be carried out by universal suffrage. These departments may become autonomous departments by referendum.
Article 275
Each deliberative organ of the territorial entities shall draft, in a participatory manner, the proposed Statute or Organic Charter, which must be approved by two-thirds of the total of its members. Upon prior constitutional review, it shall enter into force as the basic institutional norm of the territorial entity by means of referendum to approve it in its jurisdiction.
Article 276
The autonomous territorial entities shall not be subordinate to each other and shall have equal constitutional rank.
CHAPTER II. Departmental Autonomy
Article 277
The autonomous departmental government is composed of a Departmental Assembly, which has deliberative, fiscal, and legislative departmental authority in the area of its competence, and of an executive organ.
Article 278
- The Departmental Assembly shall be composed of members elected by universal, direct, free, secret and obligatory vote; and by members elected by the nations and rural native indigenous peoples, in accordance with their own norms and procedures.
- The law shall determine the general criteria for the election of members of the departmental assemblies, taking into account population, territorial, cultural identity and linguistic representation when there are rural native indigenous minorities, and parity and alternation of gender. The Statutes of Autonomy shall define its application in accordance with the specific reality and conditions of its jurisdiction.
Article 279
The departmental executive organ is directed by the Governor as the highest executive authority.
CHAPTER III. Regional Autonomy
Article 280
- The region is composed of various municipalities or provinces that have geographic continuity, which cross the borders of departments that share culture, language, history, economy and ecosystems in each department. The region shall constitute an area of planning and management. In exceptional cases, a region can be formed by a single province, which by itself has the characteristics that define a region. Metropolitan regions can be formed in the suburbs that are larger than 500,000 inhabitants.
- The Framework Law of Autonomies and Decentralization shall establish the terms and procedures for the orderly and planned formation of the regions. Provincial authorities cannot be elected in the areas where regions are formed.
- At the initiative of the municipalities belonging to it, the region may establish regional autonomy by way of referendum in its jurisdictions. Its powers must be conferred by two-thirds of the total votes of the members of the deliberative departmental organ.
Article 281
The government of each autonomous region shall consist of a Regional Assembly with deliberative, normative-administrative and supervisory authority within the areas of its competence, and an executive organ.
Article 282
- The members of the Regional Assembly shall be elected in each municipality, together with the lists of candidates for the municipal councils, in accordance with criterion of population and territory.
- The region shall draft its Statute in a participatory manner, in accordance with the procedures established for autonomous regions.
CHAPTER IV. Municipal Autonomy
Article 283
The autonomous municipal government shall consist of a Municipal Council with deliberative, supervisory and legislative municipal authority within the area of its competence; and an executive organ presided over by the Mayor.
Article 284
- The Municipal Council shall be composed of council members elected by universal suffrage.
- The nations or rural native indigenous peoples in the municipalities, which do not constitute a rural native indigenous autonomy, may elect their representatives to the Municipal Council directly, pursuant to their own norms and procedures and in accordance with the Organic Municipal Charter.
- The law shall determine the general criterion for the election and determine the number of municipal council members. The Organic Municipal Charter shall define its application, according to the specific reality and conditions of its jurisdiction.
- The Municipal Council may draft the proposed Organic Charter, which shall be approved according to that set forth in this Constitution.
CHAPTER V. Executive Organs of the Autonomous Governments
Article 285
- To be a candidate for an elective position in the executive organs of autonomous governments, one must satisfy the general conditions for being a public servant, and:
- Have resided permanently in the corresponding department, region or municipality for at least the two years immediately prior to the election.
- In the case of the election of the Mayor and the regional authority, the person must be twenty one years of age.
- In the case of the election of the Prefect or Governor, the person must be twenty five years of age.
- The period of the mandate of the highest executive authorities of the autonomous governments is five years, and he or she may be re-elected once for a continuous mandate.
Article 286
- The temporary substitution of the highest executive authority of an autonomous government shall correspond to the Council or Assembly, pursuant to the Statute of Autonomy or the Organic Charter as the case may be.
- In the event of the resignation or death, permanent disability, or revocation of the mandate of the highest executive authority of the autonomous government, a new election shall be called, provided that half of the term of the mandate has not elapsed. If half the term has elapsed, the substitute shall be an authority already elected as defined pursuant to the Statute of Autonomy or the Organic Charter, as the case may be.
CHAPTER VI. Legislative, Deliberative and Supervisory Organs of Autonomous Governments
Article 287
- The candidates for the councils and assemblies of the autonomous governments must satisfy the general conditions for being a public servant, and:
- Have resided permanently in the corresponding jurisdiction for at least two years immediately prior to the election.
- Be eighteen years of age on the day of the election.
- The election of the Assemblies and Councils of the autonomous governments shall be carried out with lists that are separate from the election of the executives.
Article 288
The period of the mandate of the members of the Councils and Assemblies of the autonomous governments shall be five years, and they may be reelected once for a continuous mandate.
CHAPTER VII. Rural Native Indigenous Autonomy
Article 289
Rural native indigenous autonomy consists in self-government as an exercise of free determination of the nations and rural native indigenous peoples, the population of which shares territory, culture, history, languages, and their own juridical, political, social and economic organization or institutions.
Article 290
- The formation of rural native indigenous autonomy is based on ancestral territories, currently inhabited by those peoples and nations, and pursuant to the will of their population as expressed through consultation, in accordance with the Constitution and the law.
- The self-governance of the rural native indigenous autonomies is exercised according to their norms, institutions, authorities and procedures, in accordance with their authority and competences, and in harmony with the Constitution and the law.
Article 291
- The rural native indigenous autonomies are rural native indigenous territories and the municipalities and regions that adopt that character, pursuant to that established in the Constitution and the law.
- Two or more rural native indigenous peoples can form a single rural native indigenous autonomy.
Article 292
Each rural, native, or indigenous autonomy shall draft its Statute according to its own norms and procedures, in conformity with the Constitution and the law.
Article 293
- The indigenous autonomy, based on consolidated indigenous territories and those undergoing that process and once consolidated, shall be formed by the express will of the population through consultation, as the only necessary requisite, pursuant to their own norms and procedures.
- If the establishment of an indigenous originary peasant autonomy affects the boundaries of municipal districts, the indigenous originary peasant nation or people and the municipal government must agree on a new district demarcation. If it affects municipal boundaries, a procedure for its approval shall be conducted by the Pluri-National Legislative Assembly, following the fulfillment of the special requirements and conditions provided for by statute.
- Statute shall establish the minimum population requirements and other modalities for the constitution of an indigenous peasant farmer autonomy.
- To constitute an indigenous originary peasant autonomy extending to territories in one or more municipalities, statute shall determine the articulation, coordination and cooperation mechanisms for the exercise of its government.
Article 294
- The decision to form a rural native indigenous autonomy shall be adopted pursuant to the norms and procedures for consultations, according to the requisites and conditions established in the Constitution and the law.
- The decision to convert a municipality into a rural native indigenous autonomy shall be adopted by referendum, pursuant to the requisites and conditions established by law.
- A new municipality may be formed by the municipalities where there are rural communities with their own organizational structures, which draw them together and have geographic continuity, following the procedure for its approval before the Pluri-National Legislative Assembly, upon prior compliance with the requisites and conditions set forth in the Constitution and the law.
Article 295
- To form a rural native indigenous region that affects municipal boundaries, the procedure before the Pluri-National Legislative Assembly must be followed beforehand, fulfilling the particular requisites and conditions set forth in the Constitution and the law.
- The aggregation of municipalities, municipal districts and/or rural native indigenous autonomies to form a rural native indigenous region, shall be decided by referendum and/or in accordance with their norms and procedures for consultation as the case may be, and pursuant to the requisites and conditions established by the Constitution and the law.
Article 296
The government of the rural native indigenous autonomies is exercised through their own norms and forms of organization, with the name that corresponds to each town, nation or community, as established in their statutes and subject to the Constitution and the law.
CHAPTER VIII. Distribution of Authority
Article 297
- The authorities defined in this Constitution are as follows:
- Prerogative: those that the legislation, regulation and execution of which cannot be transferred or delegated, and which are reserved to the central level of the State.
- Exclusive: those which a level of government has legislative, regulatory and executive authority over a determined subject, the latter two of which may be delegated or transferred.
- Concurrent: those in which the legislation corresponds to the central level of the State, and the other levels exercise simultaneous regulatory and executive authority.
- Shared: those subject to basic legislation of the Pluri-National Legislative Assembly, the legislative development of which corresponds to the autonomous territorial entities, according to its character and nature. The regulation and execution shall correspond to the autonomous territorial entities.
- Every authority which is not included in this Constitution shall be attributed to the central level of the State, which may transfer or delegate it by law.
Article 298
- The following are the areas of prerogative authority of the central level of the State:
- Financial system.
- Monetary policy, the Central Bank, the monetary system, and the policy of foreign exchange.
- System of measures and weights, as well as the determination of the official time.
- Customs regime.
- Foreign Commerce.
- State Security, defense, the Armed Forces, and the Bolivian Police.
- Weapons and explosives.
- Foreign policy.
- Nationality, citizenship, laws applicable to foreigners, the right to asylum and refuge.
- Control of the borders in relation to the security of the State.
- Immigration regulation and policies.
- Creation, monitoring and administration of strategic public enterprises at the central level of the State.
- Administration of the Pluri-National State patrimony and the patrimony of public entities at the central level of the State.
- Control of air space and air transit throughout the entire national territory. The construction, maintenance, and administration of the international airports and inter-departmental air traffic.
- The Civil Registry.
- The official census.
- General policy over land and territory and title to them.
- Hydrocarbons.
- Creation of national taxes, rates and special tax contributions of the central level of the State.
- General policy of Biodiversity and Environment.
- Substantive and procedural codification in civil, family, criminal, tax, labor, commercial, mining and electoral matters.
- National economic and planning policy.
- The central level of the State has exclusive authority over the following:
- National electoral system for the election of national and sub-national authorities.
- General communications and telecommunications systems.
- Postal service.
- Strategic natural resources, which include minerals, the electromagnetic spectrum, genetic and biogenetic resources, and water sources.
- General system of hydraulic resources and services.
- General system of biodiversity and environment.
- Forestry policy and the general system for soils, forestry and woods.
- Policy of generation, production, control, transmission and distribution of energy en the interconnected system.
- Planning, design, construction, conservation and administration of highways of the Fundamental Network.
- Construction, maintenance and administration of railroad lines and railroads of the Fundamental Network.
- Public works of important infrastructure of the central level of the State.
- Elaboration and approval of plans and official cartographic maps; surface maps.
- Elaboration and approval of official statistics.
- Granting of legal status to social organizations that carry out activities in more than one Department.
- Granting and registration of legal status to Non-Governmental Organizations, Foundations and not for profit civil entities that carry out activities in more than one Department.
- Social Security system.
- Policies of the educational and health systems.
- System of Real Property in obligatory coordination with municipal technical registration.
- Protected areas under the responsibility of the central level of the State.
- Fiscal reserves with respect to natural resources.
- Health and safety of livestock.
- Control of agrarian administration and rural land registry.
- Tax policy.
- Administration of Justice.
- Promotion of culture and the conservation of important cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible patrimony at the central level of the State.
- Expropriation of real estate for reasons of public utility and necessity, in accordance with the procedures established by law.
- Centers of information and documentation, archives, libraries, museums, periodical libraries and others of importance of the central level of the State.
- Public enterprises at the central level of the State.
- Rural settlements
- Policies of basic services.
- Labor policies and systems.
- Transportation, ground, air, river and others when they transit more than one department.
- Policies of territorial planning and land registry and regulations.
- Internal and external public debt.
- General policies of productive development.
- General housing policies.
- General tourism policies.
- Regimen for land. The law shall determine the authorities to be transferred or delegated to the autonomies.
Article 299
- The following authorities are exercised in shared form between the central level of the State and the autonomous territorial entities:
- The departmental and municipal electoral systems.
- Fixed and mobile telephone and telecommunications services.
- Urban electrification.
- Lottery games and gambling.
- International relations within the framework of the foreign policy of the State.
- The establishment of forums of citizen conciliation for the resolution of conflicts between neighbors in municipal matters.
- Regulation for the creation and/or modification of taxes that are the exclusive domain of autonomous governments.
- The following authorities shall be exercised concurrently by the central level of the State and the autonomous territorial entities.
- To preserve, conserve and contribute to the protection of the environment and the wild fauna maintained in ecological equilibrium, and the control of environmental contamination.
- Management of the health and educational systems.
- Science, technology and research.
- Conservation of soil, forest resources and woods.
- Weather Service.
- Electromagnetic frequencies in the areas of their jurisdiction and within the framework of the policies of the State.
- Promotion and administration of hydraulic and energy projects.
- Industrial waste and toxic materials.
- Potable water projects and treatment of solid waste.
- Irrigation projects.
- Protection of basins.
- Administration or river ports.
- Public security.
- System of government control.
- Housing and public housing.
- Agriculture, livestock, hunting and fishing.
Article 300
- The autonomous departmental governments have exclusive authority over the following in their jurisdictions:
- To elaborate their Statute pursuant to the procedures established in the Constitution and the law.
- To plan and develop human development in their jurisdiction.
- Initiation and convocation of departmental consultations and referenda on matters within their competence.
- Promotion of employment and improvement of working conditions, within the framework of national policies.
- Elaboration and execution of the Plans of land registry and regulations and the use of soils, in coordination with the plans at the central level of the State, municipalities and rural native indigenous peoples.
- Projects of generation and transport of energy in isolated systems.
- Planning, design, construction, conservation and administration of highways of the departmental network in accordance with state policies, including those of the Fundamental Network in the absence of the central level, in accordance with the norms established by the latter.
- Construction and maintenance of rail lines and railroads in the department in accordance with state policies, pursuant to the norms established by the state.
- Inter-provincial ground, river, railroad and other means of transportation en the department.
- Construction, maintenance and administration of the public departmental airports.
- Departmental statistics.
- To grant legal personality to public organizations that carry out activities in the department.
- To grant legal personality to Non Governmental Organizations, foundations and not for profit civil entities that carry out activities in the department.
- Services of agricultural health and safety.
- Projects for rural electrification.
- Projects of alternative and renewable sources of energy within the department, preserving food security.
- Sports in the area of its jurisdiction.
- Promotion and conservation of departmental natural patrimony.
- Promotion and conservation of culture, cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible departmental patrimony.
- Departmental tourism policies.
- Projects for departmental infrastructure to support production.
- Creation and administration of taxes of departmental character, the imposition of which is not analogous to national or municipal taxes.
- Creation and administration of fees and special contributions of departmental character.
- Commerce, industry and services for development and competitiveness within the department.
- Expropriation of real estate in its jurisdiction for reasons of public utility and necessity.
- To elaborate, approve and execute is programs of operation and its budget.
- Fiduciary funds, investment funds and mechanisms of transfer of necessary and inherent resources within its competences.
- Departmental centers of information and documentation, archives, libraries, museums, periodical libraries and others.
- Departmental public enterprises.
- Promotion and development of projects and policies for children and adolescents, women, the elderly and persons with disabilities.
- Promotion and administration of services for productive and agricultural development.
- Elaboration and execution of departmental economic and social development plans.
- To participate in enterprises of industrialization, distribution and commercialization of hydrocarbons in the departmental territory in association with the national entities of the sector.
- Promotion of private investment in the department within the framework of national economic policies.
- Planning of departmental development in concordance with national planning.
- Administration of its royalties received within the framework of the general budget of the nation, which shall be transferred automatically to the Departmental Treasury.
- The Autonomous Departmental Statues may define some of the exclusive authority as concurrent authority with other territorial entities of the department.
- The competences that may be transferred or delegated will also be of departmental execution.
Article 301
The region, once constituted as a regional autonomy, shall receive the authority that may be transferred or delegated.
Article 302
- The following are the exclusive authority of the autonomous municipal governments, within their jurisdiction:
- To draft the Municipal Organic Charter pursuant to the procedures established in this Constitution and the law.
- To plan and promote human development in their jurisdiction.
- Initiative and convocation of municipal consultations and referenda in matters of their competence.
- Promotion of employment and the improvement of working conditions within the framework of national policies.
- To preserve, conserve and contribute to the protection of the environment and natural resources, wild fauna and domestic animals.
- Elaboration of land registry and regulations plans and the use of soils, in coordination with the plans of the central level of the State, the Departments and indigenous levels.
- To plan, design, construct, conserve and administer roads in coordination with the rural native indigenous villages when necessary.
- Construction, maintenance and administration of local public airports.
- Municipal statistics.
- Urban land registry in the area of their jurisdiction pursuant to the precepts and technical parameters established by the Municipal Governments.
- Municipal protected areas in accordance with the parameters and conditions established by the Municipal Governments.
- Projects of alternative and renewable sources of energy, preserving food security within the municipality.
- To control the quality and sanitation of the elaboration, transport and sale of food products for human and animal consumption.
- Sports in the area of their jurisdiction.
- Promotion and conservation of natural municipal patrimony.
- Promotion and conservation of culture and municipal cultural, historic, artistic, monumental, architectural, archeological, paleontological, scientific, tangible and intangible municipal patrimony.
- Local tourism policies.
- Urban transportation, registration of automobile ownership, road regulation and education, administration and control of urban traffic.
- Creation and administration of municipal taxes, the imposition of which may not be analogous to the national or departmental taxes.
- Creation and administration of fees, certificates for economic activity and special contributions of municipal character.
- Projects for productive infrastructure.
- Expropriation of real property in their jurisdiction for reasons of public utility and necessity, pursuant to the procedures established by law, as well as establishing administrative limitations and right of passage for reasons of technical, legal order and public importance.
- To elaborate, approve and execute their programs of operation and their budgets.
- Fiduciary funds, investment funds and mechanisms of transference of necessary and inherent resources within the areas of their authority.
- Municipal centers of information, archives, libraries, museums, periodical libraries and others.
- Public municipal enterprises.
- Urban sanitation, management and treatment of solid waste within the framework of State policy.
- To design, construct, equip and maintain the infrastructure and works of public importance and the assets of municipal dominion, within their jurisdictional territory.
- Urban development and urban settlements.
- Public lighting service of their jurisdiction.
- Promotion of culture and artistic activities in their jurisdiction.
- Public shows and recreational games.
- Urban publicity and announcements.
- To promote and sign agreements of association or municipal community with other municipalities.
- Agreements and/or contracts with natural or collective persons, public and private, for the development and fulfillment of their powers, authority and purposes.
- To construct and regulate the Municipal Guard for contribute to the fulfillment, exercise and execution of their authority as well as compliance with the municipal norms and the resolutions that are issued.
- Policies that guarantee the defense of consumers and users in the municipal area.
- Systems of micro-irrigation in coordination with rural native indigenous villages.
- Promotion and development of projects and policies for children and adolescents, women, the elderly and persons with disabilities.
- Basic services as well as approval of the corresponding fees in their jurisdiction.
- Grains and sharecroppers, in coordination with the rural native indigenous villages, when appropriate.
- Planning of municipal development in accordance with departmental and national planning.
- To participate in enterprises of industrialization, distribution and commercialization of Hydrocarbons in the municipal territory in association with the national entities of the sector.
- The authorities that may be transferred or delegated to them shall also be executed by municipalities.
Article 303
- The rural native indigenous villages, in addition to their authority, shall assume that of municipalities, in accordance with a process of institutional development and with their own cultural characteristics in conformity with the Constitution and the Framework Law of Autonomies and Decentralization.
- The rural native indigenous region shall assume the authority that may be transferred or delegated to it.
Article 304
- The rural native indigenous autonomies shall exercise the following exclusive authorities:
- To elaborate their Statute for the exercise of their autonomy pursuant to the Constitution and the law.
- Definition and management of their own forms of economic, social, political, organizational and cultural development, in accord with their identity and the vision of each village.
- Management and administration of renewable natural resources, in accord with the Constitution.
- Elaboration of Plans of Land Regulation and land use, in coordination with the plans at the central State, departmental and municipal levels.
- Electrification in isolated places in their jurisdiction.
- Maintenance and administration of local and communal roads.
- Administration and preservation of protected areas within their jurisdiction, within the framework of the policy of the State.
- Exercise of rural native indigenous jurisdiction for the application of justice and the resolution of conflict through their own norms and procedures in accordance with the Constitution and the law.
- Sports, leisure activity and recreation.
- Tangible and intangible cultural patrimony. The safeguard, stimulation and promotion of its cultures, art, identity, archeological centers, religious and cultural places, and museums.
- Tourism policies.
- To create and administer fees, certificates and special contributions in the area of its jurisdiction in accordance with the law.
- Administrate the taxes within its authority in the area of its jurisdiction.
- To elaborate, approve and execute its programs of operation and its budget.
- Planning and management of territorial occupation.
- Housing, town planning and redistribution of population in accordance with the cultural practices in the area of its jurisdiction.
- To promote and sign agreements of cooperation with other towns and public and private entities.
- Maintenance and administration of its micro-irrigation systems.
- Stimulation and development of productive activity.
- Construction, maintenance and administration of the infrastructure necessary for development in its jurisdiction.
- To participate in, develop and execute the mechanisms of prior, free and informed consultations related to the application of legislative, executive and administrative measures that affect them.
- Preservation of the habitat and the landscape, in accordance with its principles, norms, and cultural, technological, special and historical practices.
- Development and practice of democratic institutions pursuant to its own norms and procedures.
- The rural native indigenous villages can exercise the following shared authority:
- International exchanges within the framework of the foreign policy of the State.
- Participation and control in the use of grains.
- The safeguard and registration of collective intellectual property related to knowledge of genetic resources, traditional medicine and germ plasma, in accordance with the law.
- Control and regulation of foreign institutions and organizations that carry out activities in their jurisdiction, which are inherent to the development of their institutions, culture, environment and natural patrimony.
- The rural native indigenous autonomies may exercise the following concurrent authority:
- Organization, planning and execution of health policy in their jurisdiction.
- Organization, planning and execution of plans, programs and projects related to education, science, technology and research, within the framework of State legislation.
- Conservation of forestry resources, biodiversity and the environment.
- Irrigation systems, hydraulic resources, sources of water and energy, within the framework of State policy, within their territory.
- Construction of micro-irrigation systems.
- Construction of local and communal roads.
- Promotion of the building of productive infrastructure.
- Promotion and stimulation of agriculture and raising of livestock.
- Control and socio-environmental monitoring of the activities of hydrocarbon and mining activities carried out in their jurisdiction.
- Systems of financial control and administration of assets and services.
- The resources necessary for carrying out their responsibilities shall be transferred automatically by the Pluri-National State in accordance with the law.
Article 305
Every assignment or transfer of authority must be accompanied by the determination of the source of economic and financial resources necessary for its exercise.