Constitution

Plurinational State of Bolivia 2009 Constitution

Table of Contents

TRANSITORY PROVISIONS

First

  1. Within a term of 60 days from the promulgation of the present Constitution, the Congress of the Republic shall approve a new electoral regimen for the election of the Pluri-National Legislative Assembly, the President, and the Vice President of the Republic. The election shall take place on December 6, 2009.
  2. The mandates prior to the time this Constitution enters into force shall be taken into account for purposes of computing the new terms of office.
  3. The elections of departmental and municipal authorities shall take place on April 4, 2010.
  4. As an exception, the mandates of the Mayors, Municipal Councils and the Prefects of Departments shall be extended until the taking of office by the newly elected authorities pursuant to the previous paragraph.

Second

The Pluri-National Legislative Assembly shall approve, within the maximum term of one hundred and eighty days from the time of its installation, the law of the Pluri-National Electoral Organ, the law of the Judicial Organ, the law of the Pluri-National Constitutional Court, and the Law of the Framework of Autonomy and Decentralization.

Third

  1. The departments that opted for departmental autonomy in the referendum of July 2, 2006, shall directly adopt the system of departmental autonomy, pursuant to the Constitution.
  2. The departments that opted for departmental autonomy in the referendum of July 2, 2006, must adjust their statutes to this Constitution and subject themselves to constitutional control

Fourth

The election of the authorities of the organs included in the second disposition shall be carried our pursuant to the electoral calendar established by the Pluri-National Electoral Organ.

Fifth

The laws necessary for the development of the constitutional dispositions shall be approved during the first mandate of the Pluri-national Legislative Assembly.

Sixth

In the maximum time of one year after the law of the Judicial Organ enters into force, and pursuant to it, the judicial posts shall be reviewed.

Seventh

For purposes of application of paragraph I of article 293 of this Constitution, indigenous territory shall have as the basis of its demarcation the Communitarian Lands of Origin. Within the term of one year from the election of the Executive and Legislative Organ, the category of Communitarian Land of Origin shall be subject to administrative process to convert it to Rural Native Indigenous Territory, within the framework established in this Constitution.

Eighth

  1. In the period of one year from the election of the Executive Organ and the Legislative Organ, the concessions on natural resources, electricity, telecommunications and basic services shall be adjusted to the new juridical system. In no case shall the transfer of the concessions to the new juridical system signify the failure to recognize the rights acquired.
  2. In the same period, the mining concessions of metallic and non-metallic minerals, crystals, salts, sulfur and others, granted in the fiscal reserves of Bolivian territory, shall cease to be in effect.
  3. The mining concessions granted to national and foreign enterprises prior to the promulgation of this Constitution, must be adjusted to it within a period of a year by means of mining contracts.
  4. The State recognizes and respects the pre-existing rights of the cooperative mining companies for their social productive character.
  5. The concessions over radioactive minerals granted prior to the promulgation of the Constitution are dissolved and shall revert to the State.

Ninth

The international treaties existing prior to the Constitution, which do not contradict it, shall be maintained in the internal legal order with the rank of law. Within the period of four years after the election of the new Executive Organ, the Executive shall renounce and, in that case, renegotiate the international treaties that may be contrary to the Constitution.

Tenth

The requisite of speaking at least two of the official languages for the performance of public functions, as determined in Article 235.7, shall be applied progressively in accordance with the law.