Political Representation, Policy & Inclusion NINA AGRAWAL, RICHARD ANDRÉ, RYAN BERGER, AND WILDA ESCARFULLER
The Afro-descendant movement suffered from greater
fragmentation, a less clearly articulated sense of collective
identity and a less coherent set of demands than the
Indigenous movement.
representatives in the 1989–1993 period was related to the protection of
and respect for traditional Indigenous laws. The Indigenous agenda at
this time was largely focused on respect for territorial claims and preservation of Indigenous cultures. In
this regard, Congress in 1992 passed
the Environment Law No. 1333. Although introduced in the congress
by a non-Indigenous representative,
Jorge Torres Obleas, it was a product of
negotiations between then-President
Jaime Paz Zamora and leading Indigenous groups at the time, following the
1990 March for Territory and Dignity.
National Congress, 1993–1997
The new congress, which took office
shortly after Law No. 1333 was signed,
included six Indigenous legislators.
During this term, seven bills affecting Indigenous communities were
approved, including the Law of Popular Participation proposed by then-Vice President Victor Hugo Cárdenas,
an Aymara from the Movimiento Revolucionario Túpac Katari de Liberación
(Túpac Katari Revolutionary Liberation Movement—MRTKL) party.
Miguel Urioste, a non-Indigenous
deputy, introduced a bill in 1996
that created Indigenous-specific territories: tierras comunitarias de origen (communal lands of origin). The
other five bills responded to issues
connected with the constitutional
reform process of 1994. Although
they were submitted by non-Indig-
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enous representatives, each one had
been drafted by the Centro de Estu-dios Jurídicos e Investigaciones Socia-les (Center for Juridical Studies and
Social Research—CEJIS), which acts
as a pro-Indigenous think tank—and
was supported by the Confederación
de Pueblos Indígenas de Bolivia (
Confederation of Indigenous Peoples of
Bolivia—CIDOB). The proposals dealt
with Bolivia’s multi-ethnic character,
individual equality under the law,
free interpreters and legal defense for
Indigenous peoples, agrarian development for occupants of rural land,
and respect for Indigenous practices
in their communal lands.
National Congress, 2005–2009
The greatest achievement for
Indigenous communities in this
period was the passage of an entirely
new constitution. Four articles of
the new constitution were directly
tied to the advocacy of Indigenous-oriented social movements—CEJIS,
CIDOB, the Confederación Sindical
Única de Trabajadores Campesinos
de Bolivia (Unified Confederation of
Rural Workers of Bolivia—CSU TCB),
and the Consejo Nacional de Ayllus
y Markas del Qullasuyu (National
Council of Ayllus and Markas of
Qullasuyu—CONAMAQ).
In our study these articles are
considered as four separate legisla-
tive projects. They cover the issues
of: equality for all residents of the
state (i.e., all genders, all Indigenous
nations and all cultures); a decen-
tralized society with a return to Indig-
enous self-determination; universal
education incorporating discussion
of decolonization; and recognition
of traditional Indigenous law relat-
ing to ancestral land.
Plurinational Legislative
Assembly, 2009–2014
The current bicameral congress convened a few months after enactment
of the new constitution. To date, Indigenous representatives have proposed two ethnic-oriented bills and
the sole Afro-Bolivian deputy has
proposed one.
Two of the three bills have been approved by both houses and signed by
the president, and relate to anti-discrimination and the harmonization
of the national justice system with
traditional Indigenous judicial norms.
The third initiative, which failed,
dealt with protecting Indigenous
language rights.
One other bill addressing Indigenous demands passed during this
term was introduced by the non-Indigenous Minister of Autonomies,
Carlos Romero, a MAS leader, former executive director of CEJIS and
a member of President Morales’ cabinet. His bill established a new level
of governance by granting autonomy
to traditional Indigenous communities located in the original political
divisions of departments, provinces
and municipalities.
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