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1. Contestations over Indigenous Participation in Bolivia's Extractive Industry: Ideology, Practices, and Legal Norms

Author:
Almut Schilling-Vacaflor
Publication Date:
09-2014
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
The participatory rights of indigenous peoples have been at the center of conflicts over resource extraction, which have recently increased in number and intensity across Latin America. Using comprehensive empirical data about the Guaraníes' participation in Bolivia's gas sector, this study finds that competing claims regarding territory, property, participation, and decision making provide important explanations for contestations over consultation practices and legal norms in the country. It argues that the main conflicts can be explained by (1) the Bolivian state's focus on directly affected communities and those with formally recognized land titles, something that clashes with the Guaraníes' principle of "territorial integrity"; (2) the state's conviction that it holds a monopoly over subsoil resources, and the limited rights to participation that it is willing to grant as a consequence, which the Guaraníes reject; and (3) the dissonance between state customs and regulations and Guaraní uses and customs.
Topic:
Energy Policy and Industrial Policy
Political Geography:
Latin America and Bolivia

2. Rethinking the Consultation-Conflict Link: Lessons from Bolivia's Gas Sector

Author:
Almut Schilling-Vacaflor
Publication Date:
10-2013
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
This article sheds light on 26 consultations in Bolivia's gas sector (2007–2012) and challenges simplified conceptions of prior consultation as a tool for conflict prevention and resolution. It shows that consultations do not only appease conflicts, but also exacerbate them as these procedures are used to negotiate broader grievances. This study further argues that narrow consultations (like those carried out in Bolivia) – rather than comprehensive ones – repress conflicts in the short‐term by limiting opportunities to mobilize against extractive projects. It also reveals that the degree of conflict and prevention potential of consultations varied according to the affected groups and highlights the ambiguous effects of the entanglement of consultations and compensations.
Topic:
Conflict Resolution, Energy Policy, Natural Resources, and Governance
Political Geography:
Latin America and Bolivia

3. Democratizing Resource Governance through Prior Consultations? Lessons from Bolivia's Hydrocarbon Sector

Author:
Almut Schilling-Vacaflor
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
With the recent expansion of extractive industries in Latin America, contestations with the affected communities have increased in number and intensity. Therein, the indigenous right to prior consultation and to free, prior and informed consent has played a crucial role. Based on the empirical study of several consultation processes in Bolivia's hydrocarbon sector since 2007 and referring to deliberative theories as well as human rights norms, this article explores the enabling and constraining factors in the democratization of resource governance through these procedures. While the specificities of consultations in plurinational Bolivia are taken into account, the study also draws general conclusions for similar processes in other resource‐reliant countries.
Topic:
Democratization, Human Rights, Natural Resources, and Governance
Political Geography:
Latin America and Bolivia

4. Bolivia's New Constitution: Towards Participatory Democracy and Political Pluralism?

Author:
Almut Schilling-Vacaflor
Publication Date:
07-2010
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
In Bolivia, rights to increased political participation and the recognition of indigenous political systems are interrelated. The new constitution of 2009, a prime example of the “new Andean constitutionalism,” defines Bolivia as a representative, participatory and communitarian democracy. It incorporates enhanced mechanisms and institutions for participatory democracy. Moreover, new social rights have been anchored in the constitution and a plurinational state is supposed to be constructed. The article raises the question of whether the new constitution will change the relations between state and civil society considerably and whether a new democratic model is being established in Bolivia. I argue that there are many limiting factors when it comes to putting the emancipatory elements of the constitution into practice. These include the increased strength of the executive branch, the intent of the government to co‐opt civil society organizations and to exclude dissident views, the resistance of the conservative opposition to loosing some of its privileges, the deep‐rooted social inequality, the social conflicts and polarization, the resource dependence of the current economic model, and the authoritarian characteristics of indigenous self‐governance structures. The article demonstrates that the new Bolivian constitution cannot create a new society but that the processes around the elaboration of a new basic law have contributed to considerable changes in the social, political and symbolic order.
Topic:
Civil Society and Economics
Political Geography:
Latin America and Bolivia