After hearing the ruling of the Inter-American Court of Human Rights, which ruled that open-ended elections is not a human right and violates the exercise of representative democracy, various political actors are calling for a verdict against Evo Morales and any officials who voted for the president to face a fourth electoral process.
The indefinite re-election of the president is not a right protected by the American Convention and is contrary to representative democracy, according to the judgment of the Inter-American Court of Justice, according to a part of a document published on social networks and digital media, which has not yet been officially confirmed by the international organization .
“The unlimited re-election of the president does not represent an autonomous right that is protected by the American Convention or the corpus iuris of international human rights law,” it says in a concluding section.
Meanwhile, the Minister of Justice and Institutional Transparency, Iván Lima, pointed out that the political dilemma caused by the open-ended re-election debate in the country had already been resolved “when the October 2020 elections were called”.
Former President Carlos Mesa wrote on his Twitter account that Morales and his MAS government’s violation of the principle of unlimited no-re-election had caused serious damage to democracy for which he would have to be prosecuted.
In February 2016, a constitutional referendum denied the opportunity to amend Article 168 of the state’s political constitution to allow former President Evo Morales to run again as a candidate for the 2019 elections for Bolivia’s Plurinational (TCP), protected by the Pact of San José de Costa Rica, gave way to a third uninterrupted re-election of the former president as a “human right”.
Since Bolivia approved indefinite re-election as a human right, citizens and academics have been mobilized to forever reject the break of the constitutional referendum by the Morales government and the possibility of a renewed term of office for the then president.
The ruling also adds that “the ban on indefinite re-election is compatible with the American Convention on Human Rights, the American Declaration of Human Rights and Duties, and the Inter-American Democratic Charter.”
It states that “the approval of an indefinite re-election of the president is contrary to the principles of representative democracy and therefore the obligations under the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man.”
“Re-election is not a human right, affirms the IACHR. People always knew, so they took to the streets and defended their democracy. This is an achievement by our glorious Santa Cruz Citizens Committee, which began its administration before the IACHR. Did you realize that @evoespueblo? ”Wrote Luis Fernando Camacho.
Meanwhile, former President Tuto Quiroga wrote on Twitter: “Given a ‘draft’ circulating in numbered lines, with no date or reason, I ask #Bolivia to be patient. Re-election cannot be a human rights, so we denounced Evo before @CIDH Sept’17, traveled to #Colombia several times and worked for four years. Let’s wait for an official statement from @CorteIDH ”.
It’s not official
The Inter-American Court of Human Rights (Inter-American Court of Human Rights) has announced that it has neither communicated nor published the opinion on the indefinite re-election.
To the request of the ANF to the communication office of the Inter-American Court of Justice as to whether the body had already issued an opinion on the unlimited re-election, the latter replied: released.
Reactions on the matter arose after the disclosure of part of the contents of an alleged decision of the Inter-American Court of Justice.
According to Lima, the matter in Bolivia has been resolved
“As far as unlimited re-election is concerned, this issue has already been resolved in Bolivia,” said Justice Minister Iván Lima. The agency issued its opinion in connection with the I / A Court HR opinion, the alleged judgment of which was published yesterday.
The minister quoted Article 19 (II) of Law 1266 of the Exceptions and Transitional Regulations for Conducting General Elections, which literally states: You can run as a candidate for the same electoral office.
On October 21, 2019, the Republic of Colombia submitted an opinion on the “Number of unlimited re-elections of the President in the context of the Inter-American Human Rights System”.
“The indefinite re-election of the president does not constitute an autonomous right protected by the American Convention or the corpus iuris of international human rights law,” the document said, as published yesterday.
In this context, Lima stated that the Inter-American Court of Justice, in its advisory role, issues opinions on the interpretation and application of the American Convention on Human Rights (Pact of San José, Costa Rica) or other human rights norms, abstract and generic application.
The report is of a general nature and sets neither a deadline nor an express condition for the country, he said.