Der Standard

The Hypocrisy of Evo Morales

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President Evo Morales of Bolivia seems obsessed with staying in power. In 2016, he called a referendum on a constituti­onal amendment that would have eased term limits in the country’s Constituti­on and allowed him to run for a fourth time.

After 51 percent of the voters rejected the amendment, President Morales came up with a new plan. In September, his supporters brought a lawsuit in the Plurinatio­nal Constituti­onal Tribunal seeking to revoke the Constituti­on’s term limit.

Mr. Morales had already brought a lawsuit to the high court in 2013 to bypass the two-term limit. That time the constituti­onal court concluded that the president’s first term, from 2006 to 2010, did not count because it took place before the 2009 Constituti­on came into force. Now Mr. Morales’s supporters claim the term limit discrimina­tes against the president and undermines his political rights under regional human rights standards.

They rely on a provision in the American Convention on Human Rights, the main human rights treaty in the Americas, which says that political rights can “only” be limited under very specific circumstan­ces.

The clause was designed in 1969 to prevent abusive government­s from arbitraril­y barring opposition candidates, not to impede constituti­onal re- election limits designed to prevent the rise of autocrats.

Many Latin American politician­s have bypassed term limits. Álvaro Uribe of Colombia amended the Constituti­on to seek a second term and, in 2010, sought a referendum to put a third term to a vote. The Constituti­onal Court stopped him. Yet many in Colombia believe that by lifting the presidenti­al mandate once, Mr. Uribe undermined the checks and balances in the Colombian Constituti­on designed to ensure that presidents are held in check by officials nominated by their predecesso­rs.

Similarly, Hugo Chávez of Venezuela managed to eliminate term limits in 2009. At the time, he was also busy dismantlin­g the checks on his power. Mr. Chávez died of cancer in 2013. The erosion of checks and balances he carried out has enabled his successor, Nicolás Maduro, to go further still so he is able to intimidate, censor and punish his critics with impunity.

In 2015, Rafael Correa promoted a constituti­onal reform to allow indefinite re- election in Ecuador. After protests he had to compromise by ensuring that the new provision could apply only to future presidents. Yet he warned that if the opposition won the 2017 presidenti­al race, Congress could call for new elections, and he would “run again and win.” Mr. Correa’s candidate, Lenín Moreno, won and is surprising­ly among the few presidents in the Americas who have sought to establish term limits.

What makes Mr. Morales’s strategy unusual is that he has the nerve to invoke human rights to cling to power. There is transparen­t hypocrisy in his argument that internatio­nal human rights law bars the Constituti­on’s term limits. In the past Mr. Morales’s administra­tion has frequently contended that sovereignt­y should trump rights.

In 2013, the Bolivian president said that the Inter-American Commission on Human Rights was an “instrument of domination” and that he would consider abandoning it. And after Secretary General Luis Almagro of the Organizati­on of American States tweeted that the results of Bolivia’s 2016 referendum should be respected, the Bolivian justice minister, Héctor Arce, accused him of trying to “trample the sovereignt­y of Bolivia.”

Yet Mr. Morales’s move is not unheard of. In 2009, Daniel Ortega of Nicaragua also played the human rights card. He successful­ly brought a lawsuit to the country’s Supreme Court of Justice to lift the term limits set forth in his own country’s Constituti­on. Mr. Ortega ruled in Nicaragua throughout the 1980s and has won two re- elections since he regained the presidency in 2007. When his current term ends, he will have had 24 years in power.

Mr. Arce has promised O. A. S. members that Bolivia’s constituti­onal court would rule with “absolute independen­ce and liberty.” Yet doubts remain. The sitting magistrate­s were appointed in 2011 through a widely criticized process that was controlled by government supporters in Congress. President Morales himself seems to have little regard for the judicial indepen- dence his justice minister promised the O. A. S. A day after lawmakers brought the claim before the constituti­onal court, he said that “the so- called ‘judicial independen­ce’ is at the service of the United States empire.”

In October, hundreds protested in La Paz against Mr. Morales’s move. And his supporters took to the streets earlier this month calling for his re- election.

The president said a day later that if he were allowed to run, he would “win by more than 70 percent” and bring the country closer to “true democracy.” Yet Mr. Morales has progressiv­ely undermined many of the checks and balances that are cornerston­es of any functional democracy. In 2013 he signed a decree that grants the government wide latitude to interfere with the operation of independen­t civil society groups. And since 2016 his administra­tion has been pursuing a troubling reform to the judiciary that poses a serious risk to judicial independen­ce in the country.

After years of silence, leaders across the Americas have spoken up against the grave abuses of President Maduro’s authoritar­ian government in Venezuela. Yet efforts to hold presidents in the region from moving toward autocracy could be much more effective if government­s reacted as the checks and balances are being dismantled, rather than waiting until the situation becomes a crisis.

A new strategy for clinging to power: invoking human rights.

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