Bolivian president enacts state of exception law amid unrest

Bolivian President Rodrigo Paz enacted on Monday a law allowing the government to declare a state of exception in critical situations, establishing a legal framework for emergency measures as massive protests and roadblocks continue to isolate major cities. The law sets out the conditions, scope and limits of a state of exception, including the potential deployment of the armed forces and legal protections for military personnel involved in such operations.  However, no state of exception has been declared, and none of those measures have been implemented so far. Bolivia has been under a state of emergency since late May, a measure imposed by Paz who took office seven months ago in an attempt to contain the protests that began at the start of that month. The armed forces have been deployed to help disperse demonstrations led by unions, Indigenous organizations, and supporters of former president Evo Morales, who are demanding Paz’s resignation. What are states of exception? The new law, approved by Congress over the weekend, regulates the implementation of states of exception, allowing the government to adopt extraordinary measures in cases of severe threats to public order, internal unrest or natural disasters. Under the law, the president may issue a supreme decree establishing a temporary extraordinary regime in situations that threaten the constitutional order, public security or democratic institutions. The measures can remain in force for up to 90 days from the publication of the decree, although they may be extended with congressional approval. While the armed forces were already authorized to participate in security operations and had been deployed by Paz, the law now establishes the legal framework governing the military’s role during a state of exception. It states that the armed forces may intervene in public security operations when police resources are deemed insufficient, although the police will remain the primary force responsible for carrying out those operations. In addition, security personnel will enjoy a “presumption of legality” during a state of exception, and the government will be required to provide legal defense if they face judicial investigations over actions carried out during that period. The legal protection will not apply in cases involving alleged torture, enforced disappearance, extrajudicial killings or sexual crimes. Historic mission “I am enacting this law because it responds to the need to defend the great majority from those who seek to attack us and disrupt this democratic process,” Paz said.  He also told the armed forces that they have a “historic mission” to safeguard Bolivia’s future. Paz further accused “narco-terrorism” of fueling the protests and blamed former President Evo Morales for encouraging them, something Morales has denied. The law’s enactment comes as Bolivia marks 33 days of roadblocks that have disrupted transport and isolated several cities, including La Paz, amid growing political tensions.