Roundup: Bolivians debate legality of new referendum to allow president to seek new term
Xinhua, May 30, 2016 Adjust font size:
Legal experts in Bolivia are debating the constitutionality of holding a second referendum to make President Evo Morales eligible for running for one more term in 2019.
Lawyers aligned with the president's political opponents say holding a second referendum goes against the law, while those backing the ruling Socialist Party say it would be legally viable.
An earlier referendum held in February rejected Morales' bid to amend the constitution to let him run for the presidency again in 2019.
Defense Minister Reymi Ferreira has defended the right of Morales' supporters to campaign for a second referendum to amend the constitution, as long as the measure is democratic and constitutional.
Morales came to power in 2006 and was re-elected twice, in 2010 and 2015, making him ineligible to run again under the new constitution that took effect in February 2009.
THE "NO" CAMP
The initial referendum asked voters whether they agreed with "amending Article 168 ... so the president and vice president can be reelected two times in a row?"
Former Justice Minister Carlos Alarcon told Xinhua he believes a second referendum is unconstitutional because it essentially violates the results of the first poll, which specifically referred to Morales and his vice president, Alvaro Garcia Linera.
"The people with their 'No' victory ... said these two authorities are barred from running for reelection again," said Alarcon. "Through their vote, the electorate demands respect for Article 168."
A second consultation would additionally violate articles 7, 8 and 9, among others, which establish the "binding (nature) of the results of a referendum," said Alarcon.
Opposition Deputy Helmut Salinas, of the Christian Democratic Party (PDC), believes a new poll would damage the credibility of Bolivia's democracy, if it appears the people's vote is not being taken into account.
"You have to read the law, the referendum is of a binding nature, but now they want to have another ... they are disregarding the people's will," said Salinas.
THE "YES" CAMP
Attorney General Hector Arce said opponents are misinterpreting the law.
"The new constitution, which has the advantage of allowing total or partial constitutional reforms with the participation of the people, does not limit the number of reforms, nor the issues that can be amended," said Arce.
Article 411, he said, establishes two procedures for constitutional reforms, the first in case an entirely new constitution needs to be adopted, and the second in case of a partial amendment.
In the second case, any proposed change would require the signatures of 20 percent of the electorate, or a legislative amendment with a two-thirds majority of the lawmakers present.
Either one would require a referendum to pass.
Morales' supporters have announced they are collecting signatures in favor of holding a second referendum. Endi