Maria Lorena Leiva Salinas
their civil and political rights. Furthermore, that the law would establish the exceptions and the
cases in which they were suspended. It does not speak at all nor distinguish between the
acquisition of nationality and/or citizenship. During all these years there was no law that
regulated this in a special way, hence there was a legal vacuum.
The constitution of 1851 introduced a first chapter referring to the public law of
Bolivians. Unlimited individual rights, freedoms and guarantees were established therein, under
the principle of equality before the law, pointing out that “the enjoyment of the guarantees and
rights that this Constitution grants to every man, whatever his origin and belief, is subjected to
the fulfilment of the duty: respect and obedience to the Law and constituted authorities”11. What
does this qualitative shift respond to?
By the middle of the century, a new historical phase had begun, characterised by the
incursion of ‘caudillos’, who oriented their policies towards the popular sectors. In some cases
they were leaders of popular origin like Manuel Isidoro Belzu. The beginning of the phase of
political instability was marked by state coups and changes of government, called ‘barbarous
caudillismo’. At the same time, structural problems persisted. While the great majority of the
population lived in rural areas, and only about 120.000 people in cities, the only way to acquire
certain social mobility was through migration to the latter, learning Spanish and labour
integration. Yet they were denied access to political power12.
The political constitution of the state adopted on 5 August 186113 does not explicitly
speak of nationality. Only article 12 highlights generally that all Men in Bolivia enjoy civil
rights and that the exercise of such rights would be regulated in civil law. Article 13 speaks of
the acquisition of citizenship: point one establishes as a requisite what other constitutions had
previously mentioned in relation to nationality adding that “The residence of ten years matters
to have acquired citizenship without prior declaration”.
The constitution of 187114 copies what was stated in the constitution of 1861 (article
24. Item 1). Once again, by means of the constitution of 1878 the concepts are regulated and
separated, establishing that one can be Bolivian by birth or naturalisation. This second one
explains that those who enjoy such right are: “1. The children of a Bolivian father or mother,
born in a foreign territory, by the mere fact of living in Bolivia. 2. Foreigners who, settled for
one year in the Republic, declare their will to settle before of the municipality of the place where
they reside. 3. Foreigners who, by privilege, obtain a charter of the Chamber of Deputies”. On
this occasion we see that one could obtain citizenship by naturalisation on behalf of two
Bolivian authorities, the municipality and/or the Chamber of Deputies. This procedure was new.
With regards to the previous ones, the Constitution of 1880 was the most elaborate.
The latter was the result of a national convention within which the foundations of political
representation were laid, remaining in force until 1938.
By the beginning of the 20th century, the demographic situation had hardly changed
since the founding of the Republic: the increase was only of 500,000 inhabitants, which
remained essentially rural, and 85% of the urban population was concentrated in only five cities.
The economic domination scheme was modified, passing from the era of silver to that of tin;
and although the political organisational logics of the elites were transformed, this was not
reflected in the modification of civil and political rights.
11
Trigo, op. cit.
Herbert Pentland en Klein. Orígenes de la revolución nacional boliviana. La Paz: Ed. Juventud, 1968.
13
Constitución Política del Estado de 1861
14
Constitución Política del Estado de 1871
12
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