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Topic Discussion II
Building Public Trust
Elections & Legislatures
Room 1
(11 of 21 pages)
It was mentioned and this is also important and I would like also to mention it
that if we have and if we need observers, foreign observers namely, in order to participate and have a look and
see what is going on in our country, their visit to our country should not be transformed into a literistic trip
just to see what is going on and then make declarations. Benna (ph) was opposed to have demonstrations in order
to assume transparency in1995, 1996 during the legislative elections where all the press including the observers
were declaring that everything went perfectly well. It was excellent that there were no problems at all, whereas
the constitutional code that was entitled to declare the results estimated practically speaking effectively speaking
nothing took place. It had the guts to cancel the elections on the level of this electoral constituency that was
against all the lip service declarations that were made by the press.
Finally I find that namely after the elections we need independence so this is why the Senate interferes, this
institution interferes in order to follow-up the functioning of the elections not for the results. These results
should be declared by absolutely independent bodies, institutions, and in Ben (ph) the constitution stipulated
the mandate for the constitutional court to proclaim the results of the legislative elections as well as the presidential
elections. They are all independent because in the main composition of the court it is autonomous. It is stipulated
by the constitution, it is autonomous from any power. The chairman of this court is not nominated he is rather
elected by his counterparts. I think others will make extra interventions to complete what I have already said.
Thank you.
Chair: That is in my mind and I suspect it is in other people's minds. You have an electoral court. Is there
also an independent election commission that runs the election? Are they the same body?
Speaker: We don't have an electoral court in our country we have a commission and a national electoral commission
that is independent that has subdivisions at the level of all the departments and this is the department that organizes
all the elections. Once the elections are over the results are proclaimed by the constitutional court and this
is what you maybe call court. Actually we call it constitutional court with interferes at the end of the results
in order to proclaim them, to render them authentic and to cancel also the elections at the level of some offices
and also to authorize other results. It is the same constitutional court, which interferes every time, because
it is a permanent court. It is not only in the elections it interferes in because it exists, it is for a five year
mandate that can be renewed and it interferes also in the monitoring of the constitutionality of any law, any decree
and any regulation so it is a permanent institution. Thank you.
Speaker: I say that when I was a little boy learning of this constitutional matter because there was a dictator
when he was ruling to the country who called for elections he won the elections by 90% but regrettably when the
people have to vote there was a security people overseeing the matter and the rules knew who were voting. After
so many years today we have a court, a constitutional court, which is independent as my colleague said which, ensures
free elections and transparent elections. How this took case in Bolivia in one of its constitutions, the constitutions
made in Bolivia, this constitution rendered itself the fourth authority in our country. As the President said in
the public meeting this is the basis upon which the democratic system is based. We have to pay attention to elections
and this is the concern of all the colleagues and participants here, however, I would postpone this to further
meetings.
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