LA PAZ, Bolivia — As Bolivia gears up for its upcoming judicial elections, the bustling streets of La Paz offer a deceptive calm. Beneath the surface, candidates have taken to inventive tactics like emblazoning their faces on corn puff packages and embedding slogans in voting manuals, bending the rules of a campaign that officially prohibits such promotions. In a country where a popular vote can shape the highest judicial offices—an unusual practice on the global stage—every bit of visibility could tip the scales.
Bolivia stands as the world’s sole executor of this distinctive method of selecting top judiciary officials, a practice Mexico plans to adopt soon, following its own contentious justice system reform initiated by former President Andrés Manuel López Obrador. Citing similar motivations, both López Obrador and Bolivia’s former President Evo Morales have historically framed these overhauls as purges of corruption and boosts for democracy. However, the unintended consequences have sparked considerable debate and dissatisfaction among Bolivian voters.
Many in Bolivia now view their judicial system, transformed from a merit-based appointment system to electoral selection over a decade ago, as having become mere political spoils rather than a bulwark of fairness. This sentiment is echoed by frustrated voters like Marisol Nogales, a 25-year-old architecture student, who despairingly admits to flipping a coin to decide her vote.
The shift towards electing judges has drawn extensive criticism worldwide. Scholars, global investors, and judicial experts argue that such elections can entrench the ruling party’s power and dismantle vital checks and balances, undermining the foundations of a democratic society. This concern resonates across Latin America, where politicized judiciaries are viewed as severe threats to democratic systems.
Defending this election system proves challenging even for its proponents within Bolivia. Francisco Vargas, vice president of Bolivia’s electoral tribunal, candidly describes the judicial selection process as increasingly litigious and controversial, far from the serene, straightforward ideal envisioned.
This year, complexities in Bolivia’s judicial elections have heightened. Originally scheduled for late 2023, the Constitutional Court unexpectedly postponed the election to 2024, amid a political scuffle involving current President Luis Arce and his predecessor and former ally, Morales. The delay, allegedly to address the paralysis within their ruling party, has only added fuel to ongoing power struggles. As a result, only four of the nine Constitutional Court seats are up for election, leaving the remaining five—and a majority—untouched and in power.
Bolivian political analyst Paul Coca criticizes this partial renewal as transforming the Constitutional Court into an overwhelming force within the nation’s politics, rather than a balanced judiciary body. These sentiments are supported by Bolivia’s troubled history with judicial elections, which have garnered low voter turnout and high rates of null or blank votes in previous rounds, reflecting public discontent and confusion over the process.
Moreover, Morales’ controversial maneuvers, such as circumventing a referendum that denied him a fourth presidential term via a friendly Constitutional Court ruling, highlight how deeply judicial elections can impact national governance. In 2019, amid accusations of electoral fraud and subsequent protests, Morales resigned and fled into exile, marking a dramatic culmination of his extended tenure impacted by these judicial intricacies.
The unfolding scenario in Bolivia offers a cautionary tale to others like Mexico, closely watching as they prepare to implement similar reforms. Vargas’ reluctancy to endorse his own country’s system for international adoption underscores the complexities and potential pitfalls of such electoral processes for judicial positions. As nations like Bolivia continue to navigate these treacherous political waters, the world watches and learns, hoping to glean lessons that might steer future reforms towards more stable and equitable judicial governance.
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