Page Seven / La Paz
Regions and universities question the Law of the National Plan for Economic and Social Development (PNDES) 2021-2025 and claim that it takes away from them the power to decide what to spend their budget on. They ask that President Luis Arce not promulgate the rule.
The Senate approved yesterday morning the Pndes Law 2021-2025 “Reconstructing the economy to live well, towards industrialization with import substitution”, which establishes the mandatory application and execution for the Legislative, the Executive, public companies, the Judicial Body, the Electoral Body, the Constitutional Court, the institutions of Control and Defense of the Society and the State, the Autonomous Territorial Entities (ETA) and the public universities.
The Autonomous Municipal Government of Santa Cruz pointed out that the law is unconstitutional because it violates municipal autonomy and its municipal development planning powers, assuming control of the budgets and investment expenses of the autonomies.
He added that the obligation established by the norm in its articles 1 and 4 on the ETA violates articles 270, 272, 302, 321 and 340 of the Political Constitution of the State (CPE), because it controls its investment budgets established in accordance with its instruments planning approved by municipal laws, such as Comprehensive Development Plans and Institutional Strategic Plans and Annual Operating Plans (POA).
He added that the 2022 budget has already been prepared by the ETAs based on their autonomy and these plans. “The Pndes Law intends to modify the plans and thereby control expenditures and investments, recentralizing resources and applying the law retroactively. It contravenes article 123 of the CPE, seeking to apply the law retroactively, ”he warned.
The Autonomous Municipal Government of La Paz rejected the “abusive manner in which the ruling majority in the Senate sanctioned the PNDES Law in the early hours of the morning, which violates municipal autonomy.”
“The law imposes the ETAs, that is, governments and municipalities, to be based on a PND that is alien to the vision and reality of the different departments and municipalities of the country, specifically the one that the Municipal Government of La Paz has, which enjoys autonomy, according to the CPE “, underlines a statement.
The Mayor’s Office observes subsection II of Article 4, which states that “sectorial, territorial, community territorial management, multisectoral, institutional strategic plans of public companies and others must be adequate, prepared, formulated and executed in accordance with the PND.” Sections III and IV of that article stipulate that the resources of the General State Budget and those that come from international cooperation may not be used outside of what the Plan establishes. The Autonomous Municipal Government of La Paz demands President Arce not to enact the law in the interests of respect for the CPE, citizen coexistence and to avoid greater tension in society.
The law, which must now be promulgated in its sole additional provision, maintains that sectoral, multisectoral, public company and other plans must be prepared or adapted to the PND within a maximum period of 120 days from the enactment of the law.
The mayor of the city of El Alto, Eva Copa, in statements to Unitel regretted that the Legislative Branch does not learn its lesson and continues to draft laws without socializing with the ETAs.
“Unfortunately they ask us to adjust to the PND that they are taking out and they give us 180 days, despite the fact that we have already presented our POA, that worries us,” the authority said.
He added that the city of El Alto grew a lot, there are many needs and spending on health and education should be prioritized due to the pandemic, but the Plan gives the guidelines in which the Mayor’s Office should be framed.
“If there is no response to our demands, we will have to make decisions in the Municipal Council and social organizations. We do not want to be boycotters, but the organizations must know ”, he said.
The Minister of Development Planning, Felima Mendoza, clarified last night that the guidelines and the obligation of the different instances of the State to adapt their plans to the National Plan were already defined in the PNDES approved for 2016-2020. In addition, the autonomous municipal and departmental governments must submit the information and plans to the Ministry of Development Planning.
He clarified that the Constitution in its article 298 establishes that economic policy and planning is the exclusive competence of the central level. “This is important in light of the misguided statements that reflect ignorance of the current legal system,” he said.
Mendoza added that the CPE indicates that departmental and municipal development planning is the responsibility of mayors and governments, but as long as the plans are in accordance with national planning. Otherwise, he said that it would be an inefficient process if the different levels of the State could not harmonize efforts towards a horizon that is development planning.
“Recommend to the population not to be fooled by this type of misrepresentation, invalid arguments that only have the purpose of stopping the economic and social advances in this first year of government. Those who want to rebuild the country economically and productively, of course will follow the strategy of the national government, “he said.
Universities will march today in defense of autonomy
The vice-chancellor of the Gabriel René Moreno Autonomous University (Uagrm), the Federation of Teachers of the University of San Francisco Xavier de Chuquisaca, the Federation of Teachers of the Juan Misael Saracho University, the University Federation of Teachers of the University of San Simón and Tomas Frías University in statements called for a march for today.
The Universidad Mayor de San Andrés (UMSA) demanded that the Government socialize the Development Plan and warned that it will be ready for any threat that tries to violate the rule of law. In a statement regarding this rule, it ratified its commitment to the unwavering defense of university autonomy as the basis, principle and instrument of the struggle for democracy, beyond any ideological or political position,
“We urge the national government to involve the diversity and plurality of Bolivian civil society actors in the construction, socialization, feedback and implementation of the Plan, this being a fundamental requirement to give legitimacy to such an important development instrument,” states the UMSA in the statement.
