The Plurinational Constitutional Court (TCP) once again rejected a petition filed by indigenous organizations, the request sought to halt the August elections. According to the TCP, the petition did not meet the formal requirements of the Constitutional Procedural Code. In its ruling, the Admission Commission noted the lack of a motivated resolution from the Supreme Electoral Tribunal (TSE), which prevented a substantive ruling on the case.
The unconstitutionality action had been filed by Deputy Josué Ayala, an indigenous representative of MAS. It was also supported by the pre-candidate Fausto Ardaya, from the Confederation of Indigenous Peoples of Eastern Bolivia (Cidob).
They sought to enable direct indigenous candidacies for the presidential elections. They challenged articles of Law 1096 on Political Organizations. They considered that this law violates their right to participate in national elections.
The TCP reminded that, to admit an unconstitutionality action, an official resolution from the body raising the doubt is required. This requirement was not met by the TSE, which had to substantiate its observations on the current law.
Without this support, the TCP can't open the corresponding constitutional analysis. Therefore, it decided to return the process to its initial stage again. This is the second time this return has occurred.
Despite the efforts of indigenous groups, the president of the TSE, Oscar Hassenteufel, reaffirmed that they will not be able to participate in the August elections. He recalled that Article 209 of the Constitution limits indigenous participation to subnational positions.
Additionally, he cited subsection C of Article 5 of Law 1096, which reinforces this restriction. Therefore, he said, it is not within the TSE's competence to change this regulation. He noted that any change would apply in future processes.
The Cidob, doesn't give up its objective and filed another unconstitutionality petition with the TCP, requesting the suspension of the electoral calendar. They argue that the exclusion affects 34 indigenous nations of Bolivia and also requested precautionary measures for their acronym to be provisionally registered. They insist that their right to participate is guaranteed by the Constitution.
Did the plurinational constitution not address these requests?
The lawyer Luis Enrique Ardaya, legal representative of the Cidob, reported that they are exhausting national instances. He anticipated that, if no results are obtained, they will turn to the Inter-American Commission on Human Rights.
He also reiterated that the exclusion violates essential rights of indigenous peoples and accused the State of failing to fulfill its international commitments. He also pointed out that there is a "cohesion" of powers to marginalize them.
