An Aymara Indian man casting his ballot regarding the Constitutional changes in Bolivia in 2010. Retrieved from: www.chron.com/news/nation-world/article/Bolivians-back-pro-indigenous-constitution-1735211.php.
Tansi Nîtôtemtik,
In 2006, the UNDRIP (United Nations Declaration of Rights for Indigenous Peoples) was accepted by a majority of the United Nations member states. However, it was not accepted by Canada, Australia, New Zealand, and the United States until 2009-2010. These later signatories efforts in response to UNDRIP have been described as ‘lukewarm’ -- in that, their signing did not cause any major changes. (For more on this, see yesterday’s post here.) But this is not the case in every signing country. A case study of Bolivia suggests that the full implementation of UNDRIP is possible.
Bolivia was the first country in the world to adopt UNDRIP into its domestic law, and later, incorporate UNDRIP’s provisions into its constitution.[1] Their legislation goes further to protect Indigenous rights and freedoms than, likely, any other piece of legislation in the world. In the years since Bolivia’s 2010 Constitution was implemented, the legislation has been tested by conflicts arising in Bolivian society. Its short history asks the question: does the implementation of UNDRIP principles actively assist Bolivia’s Indigenous in advancing their right to self-determination, and “free, prior and informed consent”?[2]
Bolivia’s first indigenous president, Evo Morales, has made a number of changes to fully integrate Indigenous peoples, needs, and rights throughout both the government and legislative branches.[3] For example, one action he took was disbanding the Ministry of Indigenous and First Peoples’ Affairs -- their needs and issues would be incorporated in all facets of government, rather than addressed separately.[4] This action was followed by the president’s move to open the Bolivian constitution.
A major part of Indigenous self-determination is the ability to establish indigenous autonomies, which Bolivia’s constitution provides for. Existing Indigenous territories or municipalities with a “substantial indigenous presence may convert themselves into self-governing entities.”[5] These areas can implement restoration of traditional governance and have the basic rights and responsibilities of municipalities. The indigenous autonomies coordinate with departmental governments, but would not be directly subordinate to them. However, the implementation of such autonomous areas has been fraught with both opposition and controversy. As well, the self-determination is strictly controlled; a constitutional provision that ensures all resources are state-owned enacts limits on the autonomy of Indigenous areas.[6]
In terms of a veto power, Bolivia’s constitution (in article 30.15) does not establish the right of indigenous peoples to “free, prior and informed consent” as asked for by UNDRIP. Instead, it merely gives the right to prior consultation concerning planned measures affecting them.[7] This is similar to the Canadian “duty to consult”. In Bolivia, the indigenous groups similarly do not have the ability to veto these projects, even if they disagree. However, even if the implementation of most of the UNDRIP rights has not created a complete shift in outcomes, it gives Bolivia’s indigenous peoples some tools to wield when asserting their rights against the government.
Until next time,
Team ReconciliAction YEG
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[1] Roberta Rice, “UNDRIP and the 2009 Bolivian Constittuion: Lessons for Canada”, The Internalization of Indigenous Rights: UNDRIP in the Canadian Context, Special Report, The Centre for International Governance Innovation (2014) at 59, online: <www.cigionline.org/sites/default/files/indigenous_rights_special_report_web_0.pdf>.
[2] Ibid at 59-60.
[3] Ibid at 60.
[4] Ibid at 60-61.
[5] Ibid.
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