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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Bolivia aprobó una peligrosa ley de justicia indígena
Anyone who imposes, permits, or enforces the death penalty will be tried for murder in the pre-existing central court. For example, community justice authorities cannot try terrorism cases because these are considered a threat to national security.
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. The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system.
Some sections of the law, such as those forbidding death penalty, are clear, yet others, such as mechanisms for jurisdictional cooperation, remain amorphously defined. 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 question of indigenous identity has always been complicated in Bolivia and this law may increase tension over this issue.
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. 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. Of course, this model should also be an essential requirement for departmental and national scope.
While the 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. Desilnde shall be maintained in accordance with this Act for each band dfslinde Band List in.
Law 73 helps to clarify which cases and individuals can be tried in alternative judicial systems. The Jurisdictional Law resolves some issues that arose with the passage of the constitution, but may provoke future jurisddiccional.
As demonstrated by the U. Media and members of the political opposition have further this confusion.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
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. This alternative model will be an important step toward fortifying the unity of the Plurinational State. Moreover, many indigenous people live in integrated, urban environments.
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. For example, let us consider the administration of justice: Article 7 defines this jurisdiction as:. 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 lley community justice norm.
Territorial claims further complicate determining membership in indigenous, first nations and campesino groups.
The judicial branch, indigenous authorities and legislators must work to establish clear guidelines in order to smoothly implement and establish these laws.
Prohibited punishments include land confiscation from senior citizens or physically handicapped individuals, and violence against children or women. They reside in a determined ancestral territory and through their own institutions … [x] However, it is still unclear whether these criteria or other models will determine the boundaries of indigenous legal authority.
Production and Food Security. Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty. While the 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.
Although the law legally validates community justice systems, it also bans certain penalties potentially sanctioned within those jurisdictions. However, these stipulations also obligate federal courts to increase coordination and communication with tribal legal authorities.
Existing models for indigenous law exist in Canada, the United States, Australia and others. 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.
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. The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad implementation.
The Bolivian constitution also forbids any form of the death penalty. 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.
As a result, the jurisdictional law strictly sanctions murder and considers the death penalty a criminal act:. 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.