Bolivia's Presidential Term Limit Laws Explained

Bolivia's presidential term limits have been a contentious issue, with former president Evo Morales seeking to extend his tenure beyond the constitutionally allowed two consecutive terms. In 2016, voters rejected Morales's proposal to amend the constitution and allow him to run for a third term. However, Morales successfully challenged this restriction in court, arguing that barring him from running would violate his human rights. This controversial ruling sparked intense debate and criticism, highlighting the tension between legal interpretations and democratic principles in the country. Bolivia's complex political landscape and the ongoing power struggle between former leaders seeking to retain influence and those advocating for constitutional adherence present significant challenges to the country's democratic integrity.

Bolivia's 2009 Constitution initially limited presidential terms to two five-year periods

The 2009 Constitution also renamed the country from the Republic of Bolivia to the Plurinational State of Bolivia. This change reflected the country's plurality and political, economic, juridical, cultural, and linguistic pluralism. It also recognised the importance of ethnicity in Bolivia's makeup, devoting an entire chapter to the topic.

In addition to limiting presidential terms, the 2009 Constitution made several other significant changes. It introduced a fourth branch of government, the Plurinational Electoral Organ, to oversee elections. It also elevated the role of Sucre, designating it as the country's capital, though the seat of government remained in La Paz. Furthermore, the Constitution declared natural resources to be under the exclusive dominion of the Bolivian people, with the state administering them.

Despite the two-term limit imposed by the 2009 Constitution, there have been attempts to abolish term limits altogether. In 2016, a proposal to remove term limits was rejected by a slim margin of 51% to 49% in a constitutional referendum. However, in 2017, the Supreme Tribunal of Justice ruled that all elected officials could run for office indefinitely, contrary to the provisions of the 2009 Constitution. This ruling was justified based on the American Convention on Human Rights' interpretation of political rights.

Evo Morales was the first indigenous president of Bolivia

Bolivia's constitution states that the president is elected by popular vote to a five-year term with no limit on the number of terms a president may serve. Evo Morales was the 65th president of Bolivia, serving from 2006 to 2019. He is widely regarded as the country's first indigenous president, though this claim has been challenged by critics who state that Morales probably has some European ancestry. Nevertheless, the majority of Bolivians perceive Morales as the first indigenous president, and his election caused a sense of pride among the indigenous population.

Morales was born in 1959 in the small rural village of Isallawi in western Bolivia to an Aymara family of subsistence farmers. Morales himself grew up speaking Aymara, one of Bolivia's three indigenous languages, and he emphasised the importance of preserving indigenous culture during his presidency. Morales's administration worked towards the implementation of left-wing policies, focusing on the legal protections and socioeconomic conditions of Bolivia's previously marginalised indigenous population. He also combated the political influence of the United States and resource-extracting multinational corporations.

Morales was re-elected in 2009 and 2014, overseeing Bolivia's admission to the Bank of the South and Community of Latin American and Caribbean States. However, his popularity was damaged by attempts to abolish presidential term limits, and he resigned in 2019 following a disputed election and ensuing unrest. Despite this, Morales is lauded by supporters as a champion of indigenous rights, anti-imperialism, and environmentalism, and he was credited with overseeing significant economic growth and poverty reduction, as well as increased investment in schools, hospitals, and infrastructure.

Morales defied term limits and ran for a fourth term in 2019

Bolivia's President Evo Morales launched his campaign for a fourth term in May 2019, defying constitutional term limits. In 2016, voters rejected his proposal to amend the constitution to allow him to seek another five-year term. However, Morales later won a court ruling in his favour, which allowed him to run again. The court's decision was based on the premise that barring Morales from running would violate human rights.

Morales' defiance of term limits caused controversy and sparked protests across the country. His critics viewed him as a threat to Bolivia's democracy and compared him to Venezuelan President Nicolas Maduro, suggesting Morales was attempting to tighten his grip on power. Despite the backlash, Morales pushed forward with his campaign, choosing to kick it off in the remote coca-growing valley of Chapare—a 12-hour drive from the capital, La Paz, and far from the cities where his public appearances were sometimes met with protests.

During his campaign rally, Morales addressed a crowd of tens of thousands, promising to bring factories to rural areas and develop the country's potential as a major lithium producer. He highlighted the progress made during his time in office, including the nationalization of strategic resources, robust economic growth, poverty reduction, and the empowerment of marginalized Aymara Indians. Morales also criticized U.S.-backed policies aimed at controlling coca cultivation, an Andean crop that can be used to produce cocaine.

Morales' party, the Movement to Socialism (MAS), argued that the gains made for ordinary Bolivians during his administration could be undone if the right-wing opposition took power. They believed that voters should have the final say on whether Morales remained in office. On the eve of his campaign launch, Morales received support from the head of the Organization of American States, Luis Almagro, who stated that preventing Morales from participating in the election would be discriminatory, especially considering other presidents who had sought re-election through court rulings.

Morales' decision to run for a fourth term came after a series of attempts to extend his time in office. In 2016, a referendum was held on the proposal to lift presidential term limits, which was rejected by 51.3% of voters. Despite this, in 2017, Morales' political allies in the Bolivian Constitutional Tribunal removed presidential term limits, paving the way for Morales to pursue re-election indefinitely.

The Bolivian Attorney General's Office reaffirmed the prohibition of indefinite presidential re-election in 2024

Bolivia's Attorney General's Office has recently issued a legal document prohibiting indefinite presidential reelection, allowing only one reelection for the president and vice president positions. This decision is based on the Inter-American Court of Human Rights (IACHR) advisory opinion from 2021 and a constitutional ruling (1010/023) issued by a Bolivian constitutional chamber in December 2023. The Attorney General, César Siles, stated that the prohibition of indefinite presidential reelection aims to prevent a person from perpetuating their power and ensure political pluralism and the separation of powers.

This move comes at a crucial time in Bolivia's political landscape, as former President Evo Morales has declared his intention to run in the 2025 elections, sparking internal disputes within the ruling Movimiento al Socialismo (MAS) party. Morales was able to run for a third term in 2014 after the Constitutional Court accepted his argument that his first term did not count because the country was reconstituted as a Plurinational State in 2009. However, the MAS party's attempts to amend the Constitution to allow for Morales's reelection in 2019 were unsuccessful, with voters rejecting the proposal in a referendum.

The Bolivian Attorney General's Office has now reaffirmed the prohibition of indefinite presidential reelection, aligning with the IACHR's advisory opinion and the 2023 constitutional ruling. This decision carries profound implications for the country's political landscape and democratic integrity. It reinforces the legal framework that seeks to prevent individuals from monopolizing political power and sets a precedent for other Latin American countries grappling with similar issues.

The current President of Bolivia, Luis Arce, was elected in 2020 and is eligible for reelection in 2025. However, Morales has fallen out with Arce and intends to challenge him for the MAS candidacy in the upcoming election. The internal conflict within the MAS party has intensified, with loyalists of Morales warning of potential mobilizations if his candidacy is disqualified. The coming months will be crucial in determining whether Bolivia can navigate this period of internal strife without compromising its democratic foundations.

The Bolivian Attorney General's Office's reaffirmation of the prohibition of indefinite presidential reelection in 2024 is a significant moment in the country's political history, demonstrating a commitment to upholding democratic norms and preventing the concentration of power.

The 2019 elections were disputed, leading to violent protests and Morales' departure from the country

The 2019 Bolivian elections were disputed, leading to violent protests and the departure of Evo Morales from the country. Morales, Bolivia's first indigenous president, had been in power for nearly 14 years and was seeking a fourth term, despite the 2009 constitution limiting presidents to two terms. In 2016, a referendum to amend the constitution and remove term limits was rejected by voters. However, in 2017, the Plurinational Constitutional Tribunal overruled the constitution, citing the Pact of San Jose regarding human rights and Article 411, which gives international treaties preeminence over the constitution. This decision allowed Morales to run for a fourth term in the 2019 election.

The election, held on October 20, 2019, was marred by allegations of fraud and irregularities. The preliminary vote count was suspended, and when it resumed, it showed Morales winning by just over 10%, enough to avoid a runoff election. However, there were concerns about a day-long gap in the reporting of results, and international observers, including the Organization of American States (OAS), expressed doubts about the integrity of the election. Protests broke out across Bolivia, with demonstrators alleging electoral fraud and calling for a new election. While some of the demonstrations were peaceful, there were also acts of violence, with attacks on opposition protesters and supporters of Morales' party, the Movement for Socialism (MAS).

Morales denied the allegations of fraud and invited international observers to audit the electoral process. However, the opposition rejected the audit conducted by the OAS, saying they were not party to the agreement. The OAS audit, released on November 10, found serious irregularities and recommended a new election. The same day, Morales announced that the government would hold a new election.

Despite his initial agreement to a new election, Morales faced increasing pressure to resign. The National Union of Workers and the commanders of the Armed Forces called for his resignation, and protests against his government continued. On November 10, 2019, Morales announced his resignation, stating that he was stepping down to restore peace and stability in the country. He left Bolivia on November 12 and was granted asylum by the government of Mexico.

The political crisis in Bolivia highlighted the tensions between different political factions and the controversy surrounding the removal of term limits for presidents. The interim government, led by Jeanine Áñez, faced its own challenges, including ongoing protests and allegations of human rights violations. The country eventually held new elections, and Luis Arce was inaugurated as the new president on November 8, 2020.

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