INITIATION OF CONGRESSIONAL LEGAL CHALLENGE TO BOLIVIAN NATIONAL COUNTERNARCOTICS LAW BY MOVEMENT TOWARDS SOCIALISM CONGRESSMAN EVO MORALES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06701894
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 28, 2022
• Document Release Date: September 27, 2018
• Case Number: F-2017-02169
• Publication Date: September 13, 2002

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2002-09-13-19.08.03.540000
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CONTENT
CENTRAL INTELLIGENCE AGENCY
WARNING: INFORMATION REPORT, NOT FINALLY EVALUATED
INTELLIGENCE REPORT CLASS SECRET --NOFORN DIST: 13
SEPTEMBER 2002 COUNTRY: BOLIVIA SUBJ: INITIATION OF
CONGRESSIONAL LEGAL CHALLENGE TO BOLIVIAN NATIONAL
COUNTERNARCOTICS LAW BY MOVEMENT TOWARDS sociAusy
CONGRESSMAN EVO MORALES DOI: SEPTEMBER 2002 SOURCE
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SUMMARY: IN MID-SEPTEMBER THE MAS PARTY
POSED 12 LEGAL QUEST ONS CHALLENGING THE NATIONAL
COUNTERNARCOTICS LAW 1008. THE PRESIDENT HAS UNTIL 17
SEPTEMBER TO ANSWER THE CONGRESSIONALQUERY OR HE RISKS
-FACING LEGISLATION AMENDING THE 1008LAW. THIS IS THE FIRST OF
SEVERAL LEGAL CHALLENGES THAT THE MAS PARTY PLANS T
AGAINST THF NATIONAL COUNTERNARCOTICS LAWS. TEXT: 1.
THE PRESIDENT OF THE CHAMBER OF DEPUTIES OF (b)(1)
THE BOLIVIAN CONGRESS, GUIDO ((ANEZ)) MOSCOSO, FORWARDED AN (b)(3)
OFFICIAL LETTER FROM THE LOWER HOUSE OF CONGRESS TO
PRESIDENT GONZALO ((SANCHEZ DE LOZADA)) POSING 12 LEGAL,
QUESTIONS RELATED TO NATIONAL COUNTERNARCOTICS LAW 1008.
THE MOVEMENT TOWARDS SOCIALISM (MAS) CONGRESSMEN WHO
SUBMITTED THE QUESTIONS APPLIED ARTICLE 150 OF THE GENERAL
RULES FOR THE CHAMBER OF DEPUTIES TO FORMALIZE THEIR ATTACK
ON THE LEGALITY OF ASPECTS OF THE 1008 LAW. THE PRESIDENT HAS
UNTIL 17 SEPTEMBER TO ANSWER THE CONGRESSIONAL QUERY AND
HIS ANSWERS MUST INCLUDE LEGAL ARGUMENTS SUPPORTING THE
1008 LAW. IF THE PRESIDENT FAILS TO RESPOND TO THE 12 QUESTIONS
WITHIN THE ALLOTTED TIME, THE CONGRESSMEN MAY INTRODUCE
LEGISLATION TO AMEND THE 1008 LAW BASED ON THE TACIT
ACCEPTANCE OF THE GOVERNMENT THAT THE ASPECTS CONTAINED
WITHIN 1008 LAW ARE INDEFENSIBLE. MINISTER (b)(1)
OF GOVERNMENT ALBERTO ((GASSER)), MINISTER OF DEFENSE FREDDY (b)(3)
((TEODOVIC)) AND MINISTER OF AGRICULTURE ARTURO ((LIEBERS))
WERE SCHEDULED TO APPEAR BEFORE CONGRESS AT 1700 HOURS ON
THE AFTERNOON OF 17 SEPTEMBER TO ANSWER THE MAS PARTY
QUERIES. 2. THE FOLLOWING ARE THE 12 QUESTIONS GENERATED BY
MAS PARTY CONGRESSMEN EVO ((MORALES)) AYMA, ANTONIO
((PEREDO)) LEIGUE, FELIX ((SANTOS)) ZAMBRANA, SANTOS ((RAMIREZ))
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VELARDE, DIONISIO ((NUNEZ)) TACARA, JORGE ((LEDESMA)) CORNEJO,
EDMUNDO ((NOVILLO)) AGUILAR, MANUEL ((MORALES)) DAVILA, AURELIO
((AMBROSIO)) MURUCHI, EMILIO ((SEJAS)) MEDINA AND FELIX ((GARCIA))
SURCO. A. WHY DOES THE NATIONAL GOVERNMENTS POLICY RELATE
COCA LEAF TO THE ILLEGAL PRODUCT COCAINE? THE GOVERNMENT IS
IGNORING ARTICLES 1, 2 AND 3 OF THE LAW 1008 WHICH DESCRIBE
COCA LEAF AS A NATURAL PART OF THE ENVIRONMENT, HAS
BENEFICIAL QUALITIES AND IS PART OF THE HERITAGE OF THE BOLIVIAN
PEOPLE. B. WHY DOES THE GOVERNMENT CLASSIFY THE COCA
PRODUCED IN THE CHAPARE AS ILLEGAL? ARTICLES 8, 9 AND 10 OF THE
SAME 1008 LAW ESTABLISHED THAT THE CHAPARE IS A COCA
TRANSITION ZONE AND COCA PLANTATIONS THERE ARE NOT ILLEGAL?
C. WHY ARE COCA PRODUCERS IN THE CHAPARE CLASSIFIED AND
TREATED AS CRIMINALS BY THE GOVERNMENT WHEN ARTICLE 12 OF
THE NATIONAL 1008 LAW DESCRIBES THE PRODUCTION OF COCA AS A
LEGAL ACTIVITY? D.
WHY IS THE GOVERNMENT CONTINUING WITH FORCED COCA
ERADICATION IN THE CHAPARE IN OPEN VIOLATION OF ARTICLE 14 OF
LAW 1008 WHICH ESTABLISHED THAT THE REDUCTION AND
SUBSTITUTION OF COCA MUST BE VOLUNTARY AND AGREED TO BY THE
COCA PRODUCERS? E. ACCORDING TO ARTICLE 21 OF LAW 1008,
ALTERNATIVE DEVELOPMENT AND COCA CROP SUBSTITUTION ARE
INTENDED PRINCIPALLY TO BENEFIT THE PRODUCERS OF COCA IN THE
CHAPARE. WHY THEN, DOES THE GOVERNMENT'S POLICY OF FORCED
ERADICATION ACTUALLY CAUSE VIOLENCE, PERSONAL INJURY AND
DAMAGE TO THE FUNDAMENTAL RIGHTS OF BOLIVIANS LIVING IN THE
REGION, WHO DO NOT AGREE WITH THIS POLICY? F. WHY DOES THE
GOVERNMENT UNILATERALLY PROCEED WITH VIOLENT AND WRONGFUL
ERADICATION OF COCA, WHEN UNDER THE SAME ARTICLE 21, THE LAW
ESTABLISHED THAT THE PROCESS OF ALTERNATIVE DEVELOPMENT
MUST BE CARRIED OUT IN A MANNER AGREED TO BY THE COCA
PRODUCERS? G. WHY DOES THE GOVERNMENT NOT COMPLY WITH
ARTICLES 22 AND 25 OF THE 1008 LAW, WHICH REQUIRE THE
ESTABLISHMENT OF A DATE FOR IMPLEMENTATION OF REAL AND
EFFECTIVE PLANS TO BRING ABOUT SUSTAINABLE SOCIO-ECONOMIC
DEVELOPMENT FOR THE CHAPARE REGION? H. HOW IS THE
GOVERNMENT USING THE SIZABLE SUMS OF MONEY THAT IT RECEIVES
FOR COCA ISSUES? EXPLAIN WHY THIS MONEY HAS NOT EFFECTIVELY
MADE IT TO THE PEASANT PRODUCER, AS IS REQUIRED BY LAW? I. WHY
HAS THE GOVERNMENT NOT COMPLIED WITH ARTICLE 30 OF THE LAW
GOVERNING COCA AND CONTROLLED SUBSTANCES WITH REGARD TO
THE GOVERNMENT'S OBLIGATION TO CARRY OUT DEVELOPMENT
ACTIONS IN THE AREAS OF ORIGIN FOR THE MIGRANT POPULATION IN
THE CHAPARE? J. WITH WHAT CONSTITUTIONAL AND LEGAL BASE WAS
THE JOINT TASK FORCE CREATED AND WHY HAS IT BEEN USED FOR
THE UNCONSTITUTIONAL REPRESSION OF CHAPARE COCA
PRODUCERS? EXPLAIN THE SYSTEMATIC VIOLATIONS OF THE HUMAN
RIGHTS OF PEASANT FARMERS CARRIED OUT BY GOVERNMENT
FORCES. K. WHY ARE MILITARY TROOPS ILLEGALLY BASED IN THE
CHAPARE IF ARTICLE 280 OF THE CONSTITUTION ESTABLISHES THAT
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THE MISSION OF THE ARMED FORCES IS TO DEFEND AND PRESERVE
NATIONAL INDEPENDENCE, AND NOT TO BE FOCUSED ON INTERNAL
ISSUES OR TO REPRESS, HARASS OR VIOLATE THE RIGHTS OF BOLIVIAN
CITIZENS? L. WHAT IS THE LEGAL BASIS FOR THE GOVERNMENT'S
HAVING SOUGHT TO ERADICATE COCA IN THE YUNGAS REGION,
CONTRARY TO THE 1008 LAW WHICH DESCRIBES THF Yl INCIAc COCA
PRODUCTION AS LICIT, LEGAL AND PERMANENT? 3.
CONGRESSIONAL ACTION BY THE MAS PARTY AGAINST THE 1008 LAW IS
THE FIRST OF SEVERAL LEGAL ATTACKS PLANNED BY THE MAS PARTY
ON THE NATIONAL COUNTERNARCOTICS LAWS. THE MAS PARTY
INTENDS TO CALL INTO QUESTION THE LEGAL BASIS OF 1008 AND, IF
SUCCESSFUL, TO HAVE THE LAWS CHANGED IN ORDER TO LEGALIZE
COCA PRODUCTION IN THE CHAPARE. THE MAS PARTY CHALLENGE
ALSO CALLS INTO QUESTION THE USE OF THE ARMED FORCES IN
ERADICATION AS WELL AS THE GOVERNMENT'S AUTHORITY TO DICTATE
WHERE IN BOLIVIA COCA MAY BE GROWN. OMMENT:
THE GOVERNMENT MUST BE VERY CAREFUL IN HOW IT ANSWERS THE
12 MAS QUESTIONS BECAUSE IF THE GOVERNMENT CONCEDES THAT
ANY PART OF THE 1008 LAW IS FLAWED, THEN THE ENTIRE LAW MAY BE
LEGALLY CHALLENGED BY THE CONGRESS.) THE MAS PARTY PLANS TO
CHALLENGE THE GOVERNMENT'S POSITION AT THE CONSTITUTIONAL-
TRIBUNAL IN SUCRE. IF DEFEATED IN BOTH THE CONGRESS AND THE
COURTS, THE MAS PARTY IS PREPARED TO SUPPORT ROAD
BLOCKAGES AND SOCIAL AGITATION TO FORCE THE GOVERNMENT -1-9
CEASE FORCED ERADICATION IN THE CHAPARE. 4.
POC:
COMMENTS, EVALUATIONS, AND
REQUIREMENTS WELCOME.
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