Report on Citizenship Law: Bolivia
notorious drunk, gambler or beggar ... buying or selling votes in elections or disturbing their
order” 4.
Regarding political citizenship, there is from the outset a clear gap between the
principles of universal and modern citizenship set out in constitutional norms and the absence
of real participation on behalf of social majorities. In this way, though independence and the
beginning of republican life substituted the administrative political apparatus and replaced some
dominant classes with others, the previous economic and social structure of exploitation and
exclusion was maintained by means of internal colonialism, which adequately defines postrepublican power relations.
As a result, the symbols issued by the state as elements of national belonging or
integration –key for the construction of citizenship– only reached certain and small elites,
essentially miners, estate owners or those linked to commerce.
The following constitutions of 18315 and 18346 did not change the forms of
nationality acquisition, but simply removed the benefit for those who had fought for freedom
in Junín and Ayacucho. They reflect continuity in what pertains to rights. The few changes that
could be found between one constitution and another responded, normally, to sectarian, political
or personal interests of the groups in power, or the presidents or governments of the moment7.
The constitution of 18398 is the first to introduce the concepts of nationality by birth
or naturalisation. Those that could acquire nationality by birth were: 1° Those born on the
territory of the Republic to Bolivian parents. 2° Those born outside the Republic to Bolivian
parents employed in her service, or emigrated out of love for the cause of independence. 3°
Those born outside the Republic, of a Bolivian father or mother, provided they expressed their
desire to be domiciled in Bolivia, by registering in the National Registry. 4° Those born in the
Republic, of foreign parents, provided they register in such Registry when they reach the age
of twenty-one.
And the way to acquire nationality by naturalisation was: 1° Foreigners who,
renouncing to their rights as foreigners, registered in the National Registry. 2 ° The victors of
Junín and Ayacucho; and those who had fought on the territory of the Republic for its freedom
and independence.
The constitution of 1843,9 stipulated that nationality could be obtained by birth
(naturals) or by means of civil laws regulating the acquisition and loss of nationality for the
ones seeking admission. The constitutional reform thus established the distinction between
‘Bolivians’ and ‘inhabitants’. While the former had to guarantee the conservation of public
liberties, contribute to public expenditures, and serve and defend the Republic, the latter had
simply to live subjected to the Constitution and the Law, and respect and obey authorities,
constituted as mere passive recipients of state regulations. At the same time, legal rights were
introduced, such as that no inhabitant could be tried for civil or criminal liabilities except by
the courts designated by law.
The constitution of 185110 is even more ambiguous, as in its second article it
established in general terms that at 21 years of age, all Bolivians have the capacity to exercise
4
Ciro Felix Trigo. Las Constituciones de Bolivia, (actualizado por Jorge Abun R. 1961-2002), La Paz: Ed.
Fondo Editorial de la Biblioteca y Archivo Historico de H. Congreso Nacional , Segunda Edición, 2003.
5
Constitución Política del Estado de 1831
6
Constitución Política del Estado de 1834
7
Trigo, op. cit
8
Constitución Política del Estado de 1839
9
Constitución Política del Estado de 1843
10
Constitución Política del Estado de 1851
RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author
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