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

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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 dee miles from home. The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system.

The Bolivian constitution also forbids any form of the death penalty. Production and Food Security.

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. While correctly differentiating between the legal practice of community justice and illegal lynching is ve ongoing challenge for some Bolivian and international observers, the Clause 5 of Article 5 bans the latter entirely:.

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Coordination bbolivia judicial authorities continues to be a challenge for countries with established indigenous justice systems. Prohibited punishments include land confiscation from senior citizens or physically handicapped individuals, and violence against children or women.

There shall be maintained in accordance with this Act for each band a Band List in. The question of indigenous identity has always been complicated in Bolivia and this law may increase tension over this issue. While jufisdiccional law outlines mechanisms such as information sharing and advisory committees, it is still unclear who will oversee these institutions and processes or the timeframe for implementation.


For example, community justice authorities cannot try terrorism juriediccional because these are considered a threat to national security.

Bolivian Jurisdictional Law: A Step in the Right Direction, but Requires Further Clarification

However, the law still contains gray areas about specific mechanisms for legal coordination and cooperation among overlapping jurisdictions and definitions of indigenous identity and territory. These stipulations allay concerns that recognizing indigenous and campesino judicial authorities would permit lynching, often misconstrued as part of community justice systems see On Community Justice. For example, the U.

The Bolivian Jurisdictional Law also seeks to establish mechanisms for different desllinde to coordinate to protect human rights, enforce transparency and create effective conflict resolution strategies.

Some sections of the law, such as those forbidding death penalty, ce clear, yet others, such as mechanisms for jurisdictional cooperation, remain bolivi defined. Of course, this model should also be an essential requirement for departmental and national scope. This gives tribal courts greater sentencing authority, extending their maximum jail sentence authority from one to three years.

Follow-up guidelines or legislation for the Jurisdictional Law are crucial to clarify these issues and avoid future conflicts. While the law does not explicitly state how indigenous, first nations and campesino territory jurisdiccionao identity will be defined, existing guidelines and legislation could help clarify these ambiguities. Similarly, only the central court system may process, drug, arms, and human trafficking cases.

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. Guidelines cannot satisfy everyone, but the Bolivian Judiciary must further define the framework for proving indigenous, campesino and first nations identity in order to successfully recognize community judicial authorities. This alternative model will be an important step toward fortifying the unity of the Plurinational State.


As a result, the jurisdictional law strictly sanctions murder and considers the death penalty a criminal act:. Anyone who imposes, permits, or enforces the death penalty will be tried for murder in the pre-existing central court.

The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad implementation. Territorial claims further complicate determining membership in indigenous, first nations and campesino groups. However, thus far there is no indication of when any follow-up guidelines might be released, nor does the text jursidiccional the law stipulate the need for such regulations.

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Not all people living within autonomous areas self-identify as part of an indigenous nation or support indigenous autonomy. Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty.

For example, let us consider the administration of justice: Existing models for indigenous law exist in Canada, the United States, Australia and others. 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.

Media and members of the political opposition have further this confusion.

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.