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Jurist Bolivia court bars discontinuous presidential terms to end Morales’ election bid

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Dadparvar

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Nov 11, 2016
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Bolivia’s Constitutional Tribunal announced on Friday its ruling that all elected officials can only serve a maximum of two terms, whether continuous or discontinuous, effectively barring former President Evo Morales and others from seeking reelection.

The tribunal’s ruling, which was made last week but announced on Friday, emphasized that these term limits are fundamental to preserving democratic alternation and preventing the concentration of power. In explaining its reasoning, the tribunal explicitly rejected the possibility of seeking a third term through any means, stating:

It is not possible to return to running for office and less so to exercise these high-responsibility functions for a third time, because this would be equivalent to that authority taking over the state apparatus exclusively, resorting to a series of subterfuges and thus generating a dictatorship in power for years (translated from Spanish).
The ruling establishes comprehensive term limits across government branches, with executive and legislative officials limited to two five-year terms, judicial officials to two six-year terms in different courts, and electoral officials to a single six-year term without reelection. For the executive branch specifically, the court closed all paths to presidential power by barring those who have served two terms from later serving as vice president or in legislative leadership positions that could lead to succession through constitutional mechanisms outlined in Articles 169-171. The tribunal emphasized that this interpretation applies retrospectively, with even incomplete terms counting toward the limit regardless of whether they ended by resignation, death, or removal.

The ruling came in response to a clarification request filed by opposition legislator José Carlos Gutiérrez, who sought to resolve uncertainty about whether officials could serve additional terms after a period of absence from office. In Auto Constitucional Plurinacional 0083/2024-ECA, a clarification ruling of the court’s earlier December 2023 decision, the court emphasized that this restriction applies to all positions in the legislative, executive, and judicial branches.

The decision comes amid escalating political tensions and a deepening crisis within the governing Movement Toward Socialism (MAS) party. The crisis intensified after Morales’ supporters established roadblocks across the country in mid-October to protest a judicial investigation against him for alleged abuse of a minor during his presidency in 2016 and to demand his qualification as a presidential candidate. The demonstrations later expanded to call for President Arce’s resignation amid worsening economic conditions. Following these events, Morales initiated a hunger strike from his stronghold in Chapare to press for unconditional dialogue with the government on both economic and political issues, which he recently suspended.

Representative Gutiérrez, who requested the Constitutional Tribunal’s clarification, emphasized the ruling’s significance:

It is impossible for any national authority to be reelected for a third term. Evo Morales can never again be a presidential candidate, he has already served three times, and this ruling essentially determines that he can never again be a candidate or president of this country (translated from Spanish).
Meanwhile, Senator Lucy Escobar, allied with Morales, announced her intention to defy what she termed “a tribunal that is not independent.”

This landmark ruling marks the definitive end of Bolivia’s previous constitutional interpretation under SCP 0084/2017, which had allowed indefinite reelection. The decision comes as Bolivia faces its highest inflation rate in over a decade at 7.26% and severe dollar shortages, leading to growing social unrest.

The post Bolivia court bars discontinuous presidential terms to end Morales’ election bid appeared first on JURIST - News.

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