A Multinational State: Racial Dysrimination

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A multinational state: racial dysrimination

The establishment of a ‘multinational’ state is possible thanks to the triumphal re -election of Evo Morales in December 2009, which will lead to the adoption of the new Constitution. It is thanks to him that today the different indigenous peoples actively participate in the political life of the country and that the fight against all forms of discrimination has become a priority.

The promotion and recognition of indigenous peoples have begun with the development and dissemination of indigenous languages and cultures. This is possible thanks to the affirmation of the ‘Ministry of Cultures’, as well as the new Constitution that establishes that the 36 indigenous languages become official languages and that the domain of an indigenous language is mandatory for all public officials. This expansion is also directly visible through the educational system: learning an indigenous language is mandatory in primary and secondary schools and becomes an option in secondary schools.

Other key aspects that illustrate the social progress of indigenous peoples in Bolivia are the reduction of poverty, the reduction of unemployment and the improvement of the health and school system. Although the indigenous people represent most Bolivians, they are also the poorest, the least educated and those who have less access to the services of the central government. The desire of Evo Morales to rename them in the center of public policies has allowed many indigenous people to escape poverty and allow children to go to school.

In addition, Evo Morales built his 2009 presidential campaigns about the desire to continue and strengthen efforts to represent indigenous peoples within Bolivian institutions. Therefore, the most has allowed to place a majority of Bolivians who had long marginalized for a long time. Represented by the ‘peasant’ movement, the indigenous people now occupy a central place in Parliament (77 of 166 parliamentarians), in the Executive and in the judicial.

There is also a strong commitment to the fight against racism led by the Bolivian government during the 2000s. The adoption in October 2010 of laws against racism and any other form of discrimination (who foreseen sanctions) or the creation of a ‘vice ministry of decolonization’ to coordinate anti -racist policy are good examples of this desire to protect and respect peoplesnatives. However, the lack of financial and human resources has limited the impact of these public policies: few ministries have implemented their action plans aimed at multiplying the impact of racism policy. For example, access to justice of racism victims remains insufficient and the sanctions imposed are not deterrent.

In July 2010, a law on the conditions of application of the indigenous autonomy regime was approved. The latter allows indigenous groups that wish to manage (sanctions for breach of the rules of their community, autonomous financial management, etc.). However, this autonomy remains marginal because only 11 small communities have wanted to be autonomous, but no procedure has been completed. This disappointing assessment led to the newspaper ‘La Razón’ to minimize the impact of this emblematic reform in a magazine called ‘Zero Autonomy’.

Finally, the last aspect refers to indigenous justice. The 2009 Constitution emphasizes that indigenous justice is not subordinated to ordinary justice, but is exercised sovereignly in various areas. Therefore, it allows a broad application of indigenous and community justice. However, in December 2010, a new law limited the scope of this indigenous justice system. For example, violation, homicide and drug -related crimes can only be tried in ordinary courts. As a result, indigenous justice is limited and this has led to many challenges against the government that accuses it of denying the pluralistic character of Bolivia.

The current situation from the territorial point of view

Bolivia is known for being one of the Latin American countries with one of the most important mining stories. Therefore, the history of the country is inseparable from that of the mining deposits: the silver mine of the Cerro Ricosí hill, the deposits of Oruro or those of the Altiplano. However, the exploitation of these resources continues to face the territorial claims of indigenous peoples.

Bolivia has always believed in the ‘Eldorado imaginary’ (Svampa expression.M). This means focusing the country’s economic development only on its mining resources. This imagination has always been supplied by the National-Papular Party and there are mainly two key steps. The first is directed by the MNR government (Revolutionary Nationalist Movement – 1952/1964). The Government decided to nationalize all mines and create a state company (COMIBOL – Bolivian Mining Corporation) to adequately use and use these resources. He also created COB, the Bolivian Workers Center, which is an important workers union. This new union will be the carrier of the ideology of the struggle of miners against existing dictatorships and will represent an important source of indigenous social demands. But this progress was stopped by the application of the 1985 ‘neoliberal’ policies, which led to the privatization of the mining sector and ended the Workers’ Union.

The victory of Evo Morales in 2005 will revive the ‘Eldoradoist’ ideology, as well as the struggle of miners and territorial claims of indigenous peoples. Through the adoption of the new Constitution, the Bolivian State officially becomes a plurinational and forces to consult indigenous peoples before any extraction in their soil, thus putting their rights and claims again in the center of attention. The main objective of policies is to recover the control and use of natural resources with a more present and redistributive central state. As in the first phase of the 1960s, the government of the most nationalize strategic resources (mainly gas). However, a dilemma has emerged between the recognition of the rights of indigenous peoples and the desire for growth at all costs based solely on the exploitation of natural resources.

The territorial rights of indigenous peoples are defended by several entities. First, as we saw before, the new 2009 Constitution promulgated by the Evo Morales government asks all companies and the State to consult the natives before extracting resources in their territory. If the indigenous community owner of the Earth agrees, a negotiation period on the payment of compensation begins. This obligation to consult is also reinforced by Bolivia’s accession to Agreement 169 of the International Labor and UN Organization on Indigenous Peoples. In spite of that, there are many cases in which this right is violated and this has given rise to many challenges that reinforce the social conflict between these communities and the government.

Although the Government of the MAS defends Pachamama and indigenous rights, the Tipnis case complicates the relationship between the government and indigenous peoples, an image that is often idealized. The origin of this conflict is in a 2010 bill that aims to build a path to facilitate the access of the isolated regions of Bolivia and thus indirectly access to natural resources. The final route of the road should go through the Tipnis, a natural park in the indigenous territory. Government’s behavior in problem management has harmed part of the Bolivian population and this event marks a true break between Evo Morales and some of its electorate. In fact, the government has not shown any understanding and has not wanted to hear the important challenges of indigenous peoples. This rejection of cooperating caused a 40 -day march to the capital and blockages and violent demonstrations in the capital. Finally abandoned, this bill marks the limits of the indigenous revolution and the difficulty of the Government of the MAS to reconcile the economic interests of the country with those of the majority of its electorate.

Eager to maintain control of their lands, in 2011 the leaders of several indigenous communities (including Rafael Quispe for the Aymara) issued the possibility of enacting a law (Prior consultation framework for the government) so that the Government stopped evading the principle ofconsult and violate your rights. Although there is a decree, these leaders want a law that really extends this obligation to consult. President Evo Morales, who belongs to these indigenous communities, is strongly criticized for forgetting their constitutional origins and duties. Quispe confided that the president has told him that consultations were a brake on foreign investment and projects, an accusation that the president completely refutes. In response, the Guaraní people triggered the ‘state of emergency’ and announced that if the government continued to take hydrocarbons in its territory classified as national and international historical heritage, it would call Bolivian and international institutions, such as the UN, to protect their rights.

A new scandal broke out in 2015. Indigenous communities reaffirm their right to prior consultation before exploring or extracting hydrocarbons at a time when the government is trying to boost the country’s economic growth. The protests intensified when the police tried to displace 300 indigenous people of the Takovo Mora people who were blocking a road in the east of the country to force the state oil company to consult them. This incident caused 3 deaths and around 60 injured. A few days later, President Evo Morales said the country could be without gas by 2050 if it did not explore the ground. 

However, the export of raw materials is the only significant source of income for the State. Behind this social conflict, which has been extended for years, a complex economic situation is hidden. Thus, Bolivia was greatly enriched in 2006 with the nationalization of companies in the resources sector that has allowed to increase exports, but due to the fall in the price of raw materials, state income constantly decreases (-2 -2.500 million dollars compared to 2015). 

Therefore, one of the only ways to compensate for pricing is significantly increase the volume of exports and, therefore, the extraction of resources. For the politician Marcelo Vernoux, ‘the same thing happens as for the dictator Banzer (1971-78): when the prices of the raw materials Callen, the government too’ too ’. He took the easy way out of protected areas, damaging the environment without consulting indigenous peoples and criticizing the protests of those who were once their stronger allies, observes the MR. Varnoux.

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