Alliance for Responsible Trade

In Bolivia we find ourselves in the midst of a historic moment.

In spite of recent violent and antidemocratic resistance to change, carried out by a traditional ruling elite who have benefited from a state and society based in exclusion - and in which the majority of the populations lived in servitude -; today the majority of Bolivians, with the support of the government, the determination of social movements and indigenous peoples, and the historic imperative for change in Bolivian society, have finished a first chapter in a process of change - the beginning of a beginning - by approving a new National Constitution.

Now, for the first time in its history as a Republic, the National Constitution reflects Bolivia's diversity, and all the institutions, customs, and values of its citizenry.

The New Magna Carta respects already-established institutions, rule of law, and elections based on suffrage; at the same time, it also recognizes and respects indigenous communities, and traditional election of community authorities. It respects and approves autonomous areas as spaces for decentralized decision-making on the level of departments, regions, municipalities and indigenous territories, and also protects judicial plurality with the coexistence of the Western justice system alongside that of traditional communities.

In the Constitutional Assembly and in the government of President Evo Morales, we have the possibility of constructing a state and a country for everyone; a country that is diverse yet still a community, whose character is pacific and participatory; a society in which we maintain our diverse identities while consciously and responsibly sharing in a real community of the future.

A Diverse Community with Rights for All

Our new social pact is based in a culture of respect for diversity and the rights of all.

The new Constitution of State broadens and assures the rights of all Bolivians, guaranteeing the right to life, to nutrition, to water, health, education, and employment.

It guarantees collective rights to indigenous people, their cultures, and practices; it also makes obligatory consultation with these communities in issues concerning natural resources, and ensures that they receive benefits from such projects. The Constitution also guarantees respect for all forms of property, be it private, collective, or state-owned. The document recognizes indigenous rights to land and territory, in the framework of Article 169 of the International Labor Organization (ILO).

The new Constitution also guarantees the possession and exercise of all political, civil, and social rights for all citizens.

It describes rule of law based in suffrage, clearly outlining the responsibility of authority, the ability to revoke mandates, and direct social action. It also calls upon the social aspects of rule of law and the rich experiences of social organizing, guaranteeing structures and processes for increased democracy building and for spreading out power.

Using as a model a broad set of meaningful rights, the Constitution recalls and recognizes traditional systems for conflict resolution, and advances the separation of powers by calling for direct election of judges.

A Community That Seeks to "Live Well"

The new Constitution recognizes the critical situation facing the planet after centuries of unsustainable development. The concept of "Living Well" is a keystone, and the collective right to a healthy environment is now codified in the constitution.

The Constitution describes at length the urgent necessity to re-establish balance and to preserve the Earth: in fundamental rights, and in social and economic systems; in the consideration of strategic resources and in the plan for international integration; this can even be seen in the justice system, where crimes against the environment are considered outside the statute of limitations.

The new Constitution establishes that the ultimate aim of economic activity should be the ability to "live well"; that is, a lifestyle that satisfies basic needs, that includes equal rights and dignity, and that respects other human beings, as well as environmental sustainability.

The Carta Magna is also based in recognition of the economic reality of the country, taking into account that the so-called "free market" model has failed to allocate and distribute resources to benefit Bolivia's impoverished majority. It recognizes that in the past the country failed to develop effective public policies in a variety of areas, and now calls for policies that reclaim and respect Bolivia's sovereign rights. As such, it also returns to the state a role in planning, regulating, and participating in the economy.

This document incorporates a diverse range of production models, and grants full rights to private property, community-owned property, and state-owned property. It also recognizes the historic relations of dependency created by the exportation of raw materials, and establishes as a goal diversification via manufacture of products with added value.

The Constitution recognizes the enormous gaps and inequalities that exist in Bolivian society, and establishes as another goal more just distribution of resources.

The new Constitution codifies advances made by the agrarian reform, and provides an important drive for the future. It guarantees the right to private property and businesses that fulfil a social and economic function. It also creates recovery mechanism, and establishes an operating definition of latifundio, or the traditional, often unproductive large land holdings that still endure from the colonial era.

It also makes it a state responsibility to support rural production, at the same time that it makes foreign investment a national priority, guaranteeing that such investment is based in independence, mutual respect, and equality between countries.

A Community that is Peaceful, Dignified, Sovereign, and Open to the International Community

Bolivia explicitly renounces the use of war as an instrument of international politics.

The new Constitution also specifically recognizes that Bolivia lives in a world based in interdependence; that in the past, however, governments entered into international agreements that facilitated the transfer of national resources into foreign hands, the loss of sovereignty, and enrolled the country in multilateral institutions under conditions unfavourable to the country.

The new National Constitution establishes the celebration of treaties that respond to the aims and goals of the state and list guiding principles which include:

Non-interventionism
Respect for Human Rights and Indigenous Peoples
Environmental Conservation

As such, the Constitution formalizes efforts to achieve necessary balance in public international law, in economic terms (trade and investment), as well as protection of fundamental rights and the environment.

The document also raises to constitutional status a range of procedures to guarantee transparency and citizen participation in decisions about international treaties.

It establishes that the treatment of rights, be it national or international, must refer to and respect as equal those rights and norms set forth in the National Constitution.