Plurinational State of Bolivia 2009 Constitution

PART I. FUNDAMENTAL BASES OF THE STATE: RIGHTS, DUTIES AND GUARANTEES

TITLE I. FUNDAMENTAL BASES OF THE STATE

CHAPTER I. Model of the State

Article 1

Bolivia is constituted as a Unitary Social State of Pluri-National Communitarian Law (Estado Unitario Social de Derecho Plurinacional Comunitario) that is free, independent, sovereign, democratic, inter-cultural, decentralized and with autonomies. Bolivia is founded on plurality and on political, economic, juridical, cultural and linguistic pluralism in the integration process of the country.

Article 2

Given the pre-colonial existence of nations and rural native indigenous peoples and their ancestral control of their territories, their free determination, consisting of the right to autonomy, self-government, their culture, recognition of their institutions, and the consolidation of their territorial entities, is guaranteed within the framework of the unity of the State, in accordance with this Constitution and the law.

Article 3

The Bolivian nation is formed by all Bolivians, the native indigenous nations and peoples, and the inter-cultural and Afro-Bolivian communities that, together, constitute the Bolivian people.

Article 4

The State respects and guarantees freedom of religion and spiritual beliefs, according to their view of the world. The State is independent of religion.

Article 5

1. The official languages of the State are Spanish and all the languages of the rural native indigenous nations and peoples, which are Aymara, Araona, Baure, Bésiro, Canichana, Cavineño, Cayubaba, Chácobo, Chimán, Ese Ejja, Guaraní, Guarasu’we, Guarayu, Itonama, Leco, Machajuyai-kallawaya, Machineri, Maropa, Mojeñotrinitario, Mojeño-ignaciano, Moré, Mosetén, Movima, Pacawara, Puquina, Quechua, Sirionó, Tacana, Tapiete, Toromona, Uruchipaya, Weenhayek, Yaminawa, Yuki, Yuracaré and Zamuco.
2. The Pluri-National Government and the departmental governments must use at least two official languages. One of them must be Spanish, and the other shall be determined taking into account the use, convenience, circumstances, necessities and preferences of the population as a whole or of the territory in question. The other autonomous governments must use the languages characteristic of their territory, and one of them must be Spanish.

Article 6

1. Sucre is the Capital of Bolivia.
2. The symbols of the State are the red, yellow and green tri-color flag; the Bolivian national anthem; the code of arms; the wiphala; the rosette; the kantuta flower and the patujú flower.

CHAPTER II. Principals, Values and Purposes of the State

Article 7

Sovereignty resides in the Bolivian people and is exercised directly and by delegation. The functions and attributes of the organs of public power emanate, by delegation, from sovereignty; it is inalienable and unlimited.

Article 8

1. The State adopts and promotes the following as ethical, moral principles of the plural society: ama qhilla, ama llulla, ama suwa (do not be lazy, do not be a liar or a thief), suma qamaña (live well), ñandereko (live harmoniously), teko kavi (good life), ivi maraei (land without evil) and qhapaj ñan (noble path or life).
2. The State is based on the values of unity, equality, inclusion, dignity, liberty, solidarity, reciprocity, respect, interdependence, harmony, transparency, equilibrium, equality of opportunity, social and gender equality in participation, common welfare, responsibility, social justice, distribution and redistribution of the social wealth and assets for well being.

Article 9

The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law:

1. To construct a just and harmonious society, built on decolonization, without discrimination or exploitation, with full social justice, in order to strengthen the Pluri-National identities.
2. To guarantee the welfare, development, security and protection, and equal dignity of individuals, nations, peoples, and communities, and to promote mutual respect and intra-cultural, inter-cultural and plural language dialogue.
3. To reaffirm and strengthen the unity of the country, and to preserve the Pluri-National diversity as historic and human patrimony.
4. To guarantee the fulfillment of the principles, values, rights and duties recognized and consecrated in this Constitution.
5. To guarantee access of all people to education, health and work.
6. To promote and guarantee the responsible and planned use of natural resources, and to stimulate their industrialization through the development and strengthening of the productive base in its different dimensions and levels, as well as to preserve the environment for the welfare of present and future generations.

Article 10

1. Bolivia is a pacifist State that promotes the culture of peace and the right to peace, as well as cooperation among the peoples of the region and the World, for the purpose of contributing to mutual understanding, equitable development, and the promotion of an inter-cultural character, with full respect for the sovereignty of states.
2. Bolivia rejects every war of aggression as a means of resolving differences and conflicts between states, and it reserves the right to its legitimate defense in the event of aggression that threatens the independence and integrity of the State.
3. The installation of foreign military bases on Bolivian territory is prohibited.

CHAPTER III. System of Government

Article 11

1. The Republic of Bolivia adopts a participatory democratic, representative and communal form of government, with equal conditions for men and women.
2. Democracy is exercised in the following forms, which shall be developed by law:
   1. Direct and participatory, through referendum, citizen legislative initiative, revocation of terms of office, assembly, councils and prior consultation. The assemblies and councils shall have a deliberative character in accordance with the law.
   2. Representative, by means of the election of representatives by universal, direct and secret vote, in accordance with the law.
   3. Communal, by means of the election, designation or nomination of the authorities and representatives pursuant to the norms and procedures of the native indigenous nations and peoples, among others, in accordance with the law.

Article 12

1. The State organizes and structures its public power through Legislative, Executive, Judicial and Electoral bodies. The organization of the State is based on the independence, separation, coordination and cooperation among these bodies.
2. Control, Defense of the Society, and Defense of the State are functions of the state.
3. The functions of the public bodies may not be united in a single body nor may they be delegated.