Constitution

Plurinational State of Bolivia 2009 Constitution

Table of Contents

TITLE VIII. INTERNATIONAL RELATIONS, BORDERS, INTEGRATION AND MARITIME RESTORATION

CHAPTER I. International Relations

Article 255

  1. International relations and the negotiation, signing and ratification of international treaties serve the objectives of the state in terms of sovereignty and the interests of the people.
  2. The negotiation, signing and ratification of international relations shall be guided by the principles of:
    1. Independence and equality among states, the no intervention in internal matters and the peaceful resolution of conflicts.
    2. Rejection and condemnation of all forms of dictatorship, colonialism, neocolonialism and imperialism.
    3. Defense and promotion of human, economic, social, cultural and environmental rights, with repudiation of all forms of racism and discrimination.
    4. Respect for the rights of native indigenous rural peoples.
    5. Cooperation and solidarity among states and peoples.
    6. Preservation of patrimony, capacity of State management and regulation.
    7. Harmony with nature, defense of biodiversity, and prohibition of forms of private appropriation for exclusive use and exploitation of plants, animals, microorganisms and any living matter.
    8. Food security and sovereignty for the entire population; the prohibition of importation, production and commercialization of genetically modified organisms and toxic elements that harm health and the environment.
    9. Access of the entire population to basic services for their wellbeing and development.
    10. Preservation of the right of the population to have access to all medications, primarily genetic medications.
    11. Protection and preference for Bolivian production, and promotion of exports with added value.

Article 256

  1. The international treaties and instruments in matters of human rights that have been signed and/or ratified, or those that have been joined by the State, which declare rights more favorable than those contained in the Constitution, shall have preferential application over those in this Constitution.
  2. The rights recognized in the Constitution shall be interpreted in agreement with international human rights treaties when the latter provide more favorable norms.

Article 257

  1. Ratified international treaties are part of domestic law with the force of law.
  2. International treaties that involve any of the following matters shall require prior approval by binding popular referendum:
    1. Questions of borders.
    2. Monetary integration.
    3. Structural economic integration.
    4. Grant of institutional authority to international or supra-national organisms, in the context of processes of integration.

Article 258

The procedures for approval of international treaties shall be regulated by the law.

Article 259

  1. Any international treaty shall require approval by popular referendum when it is requested by five percent of the citizens registered on the voting rolls, or thirty five percent of the representatives of the Pluri-National Legislative Assembly. These initiatives can be used also to request that the Executive Organ sign a treaty.
  2. The announcement of the convocation of a referendum shall suspend, according to the time periods established by law, the process of ratification of the international treaty until the results are obtained.

Article 260

  1. The repudiation of the international treaties shall follow the procedures established in the same international treaty, the general norms of international law, and the procedures established in the Constitution and the law for its ratification.
  2. The repudiation of ratified treaties must be approved by the Pluri-National Legislative Assembly before being executed by the President of the State.
  3. The treaties approved by referendum must be submitted to a new referendum prior to their repudiation by the President of State.

CHAPTER II. Borders of the State

Article 261

The territorial integrity, preservation and the development of the border zones are a duty of the State.

Article 262

  1. The fifty kilometers from the borderline constitute the border zone security. No foreign person, individual or company, may acquire property in this space, directly or indirectly, nor possess any property right in the waters, soil or subsoil, except in the case of state necessity declared by express law approved by two-thirds of the Pluri-National Legislative Assembly. The property or the possession affected in the event of non compliance with this prohibition shall pass to the benefit of the State, without any indemnification.
  2. The border zone security is subject to a special legal, economic, administrative and security regime, oriented to promote and prioritize its development and to the guarantee of the integrity of the State.

Article 263

The defense, security and control of border zone security are the fundamental duty of the Armed Forces. The Armed Forces shall participate in the policies of comprehensive and sustainable development of these zones, and shall guarantee their physical presence in them.

Article 264

  1. The State shall establish a permanent policy of harmonic, comprehensive, sustainable and strategic development of the frontiers, for the purpose of improving the living conditions of its population, and especially the nations and rural native indigenous peoples living on the border.
  2. It is the duty of the State to execute policies of preservation and control of the natural resources in the border areas.
  3. The regulation of the border system shall be established by law.

CHAPTER III. Integration

Article 265

  1. The State shall promote the relations of social, political, cultural and economic integration with other states, nations and peoples of the world and, in particular, Latin American integration, based on the principles of a just, equitable relationship with recognition of asymmetry.
  2. The state shall strengthen the integration of its nations and rural native indigenous peoples with the indigenous peoples of the world.

Article 266

The representatives of Bolivia to the supra-state parliamentary bodies emerging from the integration processes shall be elected by universal vote.

CHAPTER IV. Maritime Restoration

Article 267

  1. The Bolivian government declares its inalienable and indefeasible right to the territory that gives access to the Pacific Ocean and sea space.
  2. The effective solution to the maritime dispute through peaceful means and the full exercise of sovereignty over that territory is a permanent and inalienable objective of the Bolivian State.

Article 268

The development of maritime interests, rivers and lakes, and shipping will be the priority of the State and its administration and protection shall be exercised by the Bolivian Navy, according to the law.