Representation of indigenous peoples in times of progressive governments: lessons learned from Bolivia

Figures & data

Table 1. Repertoire of measures to strengthen the participation of minorities in public life

Goal	Mechanism	Examples/Explanation
Participation in decision-making	Elections	Voluntary or statutory legislative reservations: special representation of national minorities in legislative bodies (e.g. reserved number of seats) Voluntary or statutory quotas for candidates in political parties Freedom to establish political parties based on communal identities Electoral system facilitating minority representation (e.g. proportional representation system, preference voting, lower numerical thresholds) Design of electoral districts, e.g. race-conscious districting
	Institutional arrangements at national and subnational level	Special parliamentary provisions (right to set up minority group of deputies, qualified majority vote, veto on certain types of bills, lower threshold for legislative initiatives, allocations from budget) Measures or recognition and awareness-raising in parliament (use of language, official holidays, traditional customs and dress in parliament, media outreach strategy on minority issues, training, library, public information) Arrangements for allocating to members of national minorities cabinet positions, seats on courts or on other high-level organs (appointments) Mechanisms to ensure that minority interests are considered within relevant bodies (e.g., special measures for minority participation in the civil service)
	Consensus-building in Parliament	Establishment of specialized bodies for addressing minority/indigenous issues Possible roles: promote dialogue between government and national minorities, raise issues with decision makers, prepare recommendations, formulate legislative and other proposals, monitor developments, and provide views on proposed governmental decisions
Self-governance	Non-territorial arrangements	Institutions of self-governance managed by minorities or shared with the government related to education, culture, language, and religion, or to other matters crucial to the identity and way of life of national minorities
	Territorial arrangements	Territorial devolution of powers, including specific functions of self-government Self-governance arrangements established by law Local, regional, or autonomous administrations that correspond to the specific historical and territorial circumstances of national minorities Functions: education, culture, use of minority language, environment, local planning, natural resources, economic development, local policing functions, and housing, health, and other social services
Guarantees	Constitutional and legal safeguards	Right to Free, Prior, and Informed Consent (Declaration on the Rights of Indigenous Peoples, 2008) Provisional or step-by-step arrangements that allow for the testing and development of new forms of participation
	Remedies	Channels of consultation (hearings, written submissions, expert meetings, visit to constituencies by members of parliament) Judicial resolution of conflicts (e.g. judicial review of legislation or administrative actions) Dispute resolution mechanisms, such as negotiation, fact finding, mediation, arbitration, and special commissions Periodical reviews on political participation and special measures

Elaborated based on HCNM (1999), Htun (2004), Protsyk (2010) and Zhanarstanova and Nechayeva (2016).

Table 2. The emergence of direct representation for indigenous peoples in Bolivia

Popular uprising 1999–2005	Period of social unrest and protests against neoliberal policies Fourth Indigenous March for People’s Sovereignty, Territory, and Natural Resources demanding the installation of a constituent assembly and ‘party de-monopolization’ in elections (2002) Forced resignation of President Gonzalo Sánchez de Lozada (2003) Constitutional succession and installation of a transitional government Citizens’ Groups and Indigenous Peoples Act (Law 2771) allowing for the direct participation of indigenous peoples in electoral contests (2004)
Evo Morales presidential victory 2006	Evo Morales assumes the presidency in January, after winning the December 2005 election with 54% of the votes Measures include increased state control of the hydrocarbon industry (‘nationalization’), cash transfer programs, and paving the way for a Constituent Assembly The Unity Pact, a temporary alliance of most indigenous organizations, proposes to send 32 direct representatives of all recognized indigenous peoples and nations to the Constituent Assembly The approved Law of Convocation to the Constituent Assembly does not provide for any special participation mechanism for indigenous people In the elections for the Constituent Assembly in July, MAS obtains 53.7% of the seats (137 of 255)
Constituent Assembly 2006−2007	During the Constituent Assembly, inaugurated in August, the design of representative bodies is discussed in the Commission Organization and Structure of the New State The Unity Pact manages to introduce its proposal in the majority report of the Commission: 42% of all members (70 out of 167) would represent directly their respective indigenous peoples and nations, elected by their own rules Nevertheless, the consolidation of the final constitutional text is part of a political negotiation without the participation of the indigenous people Article 146, VII, finally approved, limits the representation in fundamental aspects, besides containing ambiguous formulations and contradictory wording
Turbulent transition 2009	The new Political Constitution is approved in a referendum by 61.4% of voters in January The legislature has 60 days to approve several fundamental laws, including a Transitional Electoral Regime Law to hold the next national and municipal elections Lowland indigenous organization CIDOB is forced to accept a minority approach of representation only valid for small groups and suggests an election formula with 13.8% of the legislators representing lowland and highland indigenous groups The traditional political opposition continues to have a strong parliamentary presence and tries to block legislative activity Amidst protests and a hunger strike by President Evo Morales, the main political forces reach an agreement on the Electoral Law, reducing the number of indigenous electoral districts to seven (5.4%) President Evo Morales is victorious in December’s national elections, obtaining 64% of the votes; seven members of the legislature are directly elected in special indigenous electoral districts
New plurinational state 2010	Inauguration of the first Plurinational Assembly, in which MAS as a hegemonic force obtains 88 of 130 seats in the Chamber of Deputies (67.7%) and 26 of 36 seats in the Senate (72.2%) Lowland indigenous organizations go on strike to get 18 direct representatives instead of 7 The government accuses the indigenous leaders of allying with right-wing groups and approves the final Electoral Regime Law without major changes Several other conflicts arise over the implementation of the constitution, including over indigenous autonomies and the application of prior consultation in the case of the construction of a road through indigenous territory (TIPNIS)
Re-election 2014	The president and his vice president are re-elected for a third term with 61.4% of the votes.
Bolivia says ‘No!’ 2016	In a constitutional referendum, a majority of 51.3% rejects a constitutional amendment to allow the president to be re-elected again.
2019	A few weeks after the general elections in October, Evo Morales and his cabinet resign in the middle of social protests over allegations of fraud and illegitimacy. The second vice president of the Senate, Jeanine Áñez, takes office. The date for new elections is postponed several times because of the spread of COVID-19.

Elaboration based on Garcés Velásquez (2010), García Orellana and Yapur (2010), Gonzales Salas (2013), OEP (2012) and Tamburini and Bascopé Sanjinés (2010).

Figure 1. Correlation between party interests and indigenous interests

Elaboration based on Zuber (2015).

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