RESOLUTION
ADOPTED AT THE LVII CONFERENCE OF THE INTER-AMERICAN BAR ASSOCIATION

VERACRUZ, MEXICO, JUNE 28-JULY 1, 2011

WHEREAS, the Inter-American Bar Association is an international organization whose principles include creating a permanent forum to develop and strengthen the rule of law throughout the Americas based on a balanced scheme of separation of powers, especially the principles of impartiality and independence of the judiciary;

WHEREAS, pursuant to its institutional goals, the INTER-AMERICAN BAR ASSOCIATION notes that certain legal norms regulating the election process of judges for the Bolivian Supreme Court of Justice, the Multinational Constitutional Court, the Agro-Environmental Court and the Judicial Council established in Bolivia’s National Political Constitution, the Law of the Judiciary and the Law of the Multinational Constitutional Court. According to this Plenary Session of the I.A.B.A. these norms may create the following difficulties for the achievement of the above mentioned objectives relating to separation of powers and judicial independence:

a) Prohibitions and grounds for ineligibility contained in the National Political Constitution, Law Number 025 of the Judiciary, and Law Number 027 of the Multinational Constitutional Court of Bolivia, in addition to its possible unconstitutionality, may possibly violate supranational rights established in international conventions and treaties.

b) Provisions of Law Number 026 of the Voting System for electing judges may be understood as violating the principles set forth in the Political Constitution of Bolivia through prohibitions that violate the freedom of information, expression and the press.

c) The Internal Rules for preselecting judicial candidates, as recently approved by the Bolivian Multinational Legislative Assembly, raises serious doubts of form and substance about the requirements of any national organization in the election of persons seeking to serve in the highest judicial positions.

WHEREAS, in practice, the regulatory system for the selection process set forth in the Internal Rules raises doubts about guaranteeing the pre-selection and selection of professionals with adequate legal and social background, thus creating a risk for the citizens of Bolivia in general and for its judiciary system in particular of potential violations to the above mentioned principles of impartiality and independence,

DECLARES AND AGREES:

I To express concern about these circumstances, with all due respect for Bolivia’s executive and legislative branches;

II To urge the Bolivian Multinational Legislative Assembly to reexamine and modify the Internal Regulations for preselecting and selecting candidates for the Multinational Constitutional Court, the Supreme Court of Justice, the Agro-Environmental Court and the Judicial Council.

III To support the Bolivian Bar Association and its local bar associations in their endless struggle for judicial independence in particular and the principles of the rule of law in general, for the benefit of the Bolivian people as ultimate beneficiary of public service through the effective administration of justice of a democratic nation.

IV To formally request authorization from the Bolivian authorities for the organized bar of the Americas to participate as observers in all stages of the process of pre-selecting, selecting and electing judges.