El diseño constitucional del estado plurinacional de Bolivia: Una visión desde la teoría social y los derechos colectivos de los pueblos indígenas
Year: 2025
Type: article
Abstract: This article analyzed how Articles 1, 2, 3, 7, and 30 of the Constitution of the Plurinational State of Bolivia recognize the country’s cultural, legal, and political plurality, promoting the autonomy and collective rights of indigenous peoples. From a critical perspective, these provisions were interpreted in light of concepts developed in contemporary social theory, highlighting the challenges in implementing the recognized rights. The main objective was to examine the tensions between the constitutional framework and the obstacles related to prior consultation, the management of natural resources, and indigenous political participation. These mechanisms are essential to ensuring the cohesion of the plurinational model and the effective exercise of collective rights. The research employed a qualitative approach, using a hermeneutic methodology and a comparative analysis between Bolivia, Ecuador, and Venezuela. Normative texts, jurisprudence, and theoretical studies by authors such as Taylor, Luhmann, Kymlicka, and Benhabib—all available in Spanish—were reviewed. The results showed that, although the Bolivian Constitution represents a significant step forward in the normative recognition of collective rights, its practical implementation faces limitations due to the power asymmetry between the central government and indigenous communities. This situation has led to conflicts, particularly over natural resource exploitation, and has revealed a substantial gap between the constitutional framework and its practical effectiveness. It was concluded that strengthening prior consultation mechanisms and guaranteeing effective political participation are necessary measures to move beyond symbolic recognition, promoting the sustainability of the plurinational model.
Source: Sapiens Studies Journal
DOI: 10.71068/5yp2d562
Author: Oscar Paulino Condori Chambi
Institution: Oruro Technical University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4408220019