Transcript of LEY DE DESLINDE JURISDICCIONAL. La incorporación de cambios trascendentales en Bolivia. La Asamblea Constituyente. BOLIVIA. Bolivia. 3. Históricamente, Bolivia se ha construido a partir de la exclusión de conformidad a lo establecido en una ley de Deslinde Jurisdiccional. Constitucion de tutions/Bolivia/ boliviahtml. —. Ley de Deslinde jurisdiccional. Ley N3 , December
|Published (Last):||6 April 2018|
|PDF File Size:||11.44 Mb|
|ePub File Size:||9.95 Mb|
|Price:||Free* [*Free Regsitration Required]|
While the law outlines mechanisms such as information sharing and advisory committees, it is still unclear who will oversee these institutions and dedlinde or the timeframe for implementation. There shall be maintained in accordance with this Act for each band a Band List in. Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty. Production and Food Security. Anyone who imposes, permits, or enforces the death penalty will be tried for murder in the pre-existing central court.
Indigenous courts can only hear cases when infractions occur within their own territories, when the parties involved belong to the group in question, and when the legal matter violates a traditional and historical community justice norm.
However, thus far there is no indication of when any follow-up guidelines might be released, nor does the text of the law stipulate the need for such regulations. Prohibited punishments include land confiscation from senior citizens or physically handicapped individuals, and violence against children or women.
Although the law legally validates community justice bplivia, it also bans certain penalties potentially sanctioned within those jurisdictions. Not all people living within autonomous areas self-identify as part of an indigenous nation or support indigenous autonomy. The question of indigenous identity has always been complicated in Bolivia and this law may increase tension over this issue.
However, these stipulations also obligate federal courts to increase coordination and communication with tribal legal authorities.
While jurisdifcional law does not explicitly state how indigenous, first nations and campesino territory and identity will be defined, existing guidelines and legislation could help clarify these ambiguities.
The Bolivian constitution also forbids any form of the death penalty. For example, community justice authorities cannot try terrorism cases because these are considered a threat to national df.
For example, the U. Some sections of the law, such as those forbidding death penalty, are clear, yet others, such as mechanisms deslnide jurisdictional cooperation, remain amorphously defined. Article 7 defines this jurisdiction as:. Law 73 helps to clarify which cases jurisdiccionap individuals can be tried in deslide judicial systems. Of course, this model should also be an essential requirement for departmental and national scope.
Media and members of the political opposition have further this confusion. For example, let us consider the administration of justice: Untilnative women who married a non-aboriginal man would lose their status and band rights, while men who married a non-aboriginal woman would maintain it.
Coordination between judicial authorities continues to be a challenge for countries with established indigenous justice systems. The law must provide clearer guidelines for determining who can be counted as a member of these groups and thereby tried in alternative court systems.
Bolivia aprobó una peligrosa ley de justicia indígena
As demonstrated by the U. As a result, the legislative process still has a long way to go to clearly define most of the national laws passed in the preceding year. Moreover, many indigenous people live in integrated, urban environments.
While correctly differentiating between the legal practice of community justice and illegal lynching is an ongoing challenge for some Bolivian and international observers, the Clause 5 of Article 5 bans the latter entirely:. The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system. Similarly, only the central court system may process, drug, arms, and human trafficking cases.
The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad implementation.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
Follow-up guidelines or legislation for the Jurisdictional Law are crucial to clarify these issues and avoid future conflicts.
As a result, the jurisdictional law strictly sanctions murder and considers dee death penalty a criminal act:. Existing models for indigenous law exist in Canada, the United States, Australia and others.
These stipulations allay concerns that recognizing indigenous and campesino judicial authorities would permit lynching, often misconstrued as part jurisdicciona, community justice systems see On Community Justice.
Proponents of the law argued that many reservations are remote and it makes more sense to try first nations people within their own communities, rather than in courts that are hundreds of miles from home. They reside in a determined ancestral territory and through bbolivia own institutions … [x] However, it is still unclear whether these criteria or other models will determine the boundaries of indigenous legal authority.
In Canada, individuals entitled to membership in aboriginal groups and whose kinship status can be proven by familial lineage register in both tribal and national records. This alternative model will be an important step jurisdccional fortifying the unity of the Plurinational State. This gives tribal courts greater sentencing authority, extending their maximum jail sentence authority from one to three years.
The Bolivian Jurisdictional Law also seeks to establish mechanisms for different jurisdictions to coordinate to protect human rights, enforce transparency and create effective conflict resolution strategies. However, the law still contains gray areas about specific mechanisms for legal jurisdicckonal and cooperation among overlapping jurisdictions and definitions of indigenous identity and territory.
Territorial claims further complicate determining membership in indigenous, first nations and campesino groups. The Jurisdictional Law resolves some issues that arose with dr passage of the constitution, but may provoke future complications.
The judicial branch, indigenous authorities and legislators must work to establish clear guidelines in order to smoothly implement and establish these laws. Guidelines cannot satisfy everyone, bokivia the Bolivian Judiciary must further define the framework for proving indigenous, campesino and first nations identity in order to successfully recognize community judicial authorities.
Articles 5 and 6 of emphasize that all rulings must follow national and international human rights laws and accords, as well as the national constitution.