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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Although the law legally validates community justice systems, it also bans certain penalties potentially sanctioned within those jurisdictions. Media and members of the political opposition have further this confusion.
Ley de deslinde jurisdiccional pdf merge
Similarly, only the central court system may process, drug, arms, and human trafficking cases. 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. Some sections of the law, such as those forbidding death penalty, are clear, boliva others, such as mechanisms for jurisdictional cooperation, remain amorphously defined.
The judicial branch, indigenous authorities and legislators must work to establish clear guidelines in order to smoothly implement and establish these laws.
Of course, this model should also be an let requirement for departmental and national scope. Articles 5 and 6 of emphasize that all rulings must follow national and international bklivia rights laws and accords, as well as the national constitution. The question of indigenous identity has always been complicated in Bolivia and this law may increase tension over this issue.
For example, let us consider the administration of justice: As demonstrated by the U.
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. 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.
The Bolivian constitution also forbids any form of the death penalty. 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.
The law must provide clearer guidelines for determining who can be counted as a member of these groups and thereby deslonde in alternative court systems. While jurisdiccionxl law does not ddslinde state how indigenous, first nations and campesino territory and identity will be defined, existing guidelines and legislation could help clarify these ambiguities.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
Coordination between judicial authorities continues to be a challenge for countries with established indigenous justice systems. The Jurisdictional Law resolves some issues that arose with the passage of the constitution, but may provoke future complications.
As a result, the jurisdictional law strictly sanctions murder and considers the death penalty a criminal act:. Existing models for indigenous law exist in Canada, the United States, Australia and others. Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty. There shall be maintained in accordance with this Act for each band a Band List in.
This alternative xe will be an important step toward fortifying the unity of the Plurinational State. Follow-up guidelines or legislation for the Jurisdictional Law are crucial to boljvia these issues and avoid future conflicts. For example, the U. However, these stipulations also obligate federal courts to increase coordination and communication with tribal legal authorities. Territorial claims further complicate determining membership in indigenous, first nations and campesino groups.
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.
Bolivian Jurisdictional Law: A Step in the Right Direction, but Requires Further Clarification
Article 7 defines this jurisdiction as:. 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.
The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad implementation. Moreover, many indigenous people live in integrated, veslinde environments. The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system. 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.