Law Protection To Nations And Indigenous Peoples In Situations Of High Vulnerability

Original Language Title: LEY DE PROTECCIÓN A NACIONES Y PUEBLOS INDÍGENA ORIGINARIOS EN SITUACIÓN DE ALTA VULNERABILIDAD

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/147242

Law No. 450 law of 4 December 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law of protection to Nations and peoples indigenous originating in situation of high vulnerability chapter I object, holders, principles and address article 1. (OBJECT AND PURPOSE). This law aims to establish sectoral and cross-sectoral prevention, protection and strengthening, policies and mechanisms to safeguard the systems and forms of individual and collective life, originating in a situation of vulnerability, whose physical and cultural survival is extremely threatened Nations and indigenous peoples.
ARTICLE 2. (RIGHTS HOLDERS).
I they are holders of rights, Nations and indigenous peoples, or segments of them, that in a situation of vulnerability, whose physical and cultural survival is extremely threatened.
II. for purposes of this law, are highly vulnerable situations as follows: endangered.

Voluntary isolation.

Forced isolation.

Not contacted.

Initial contact.

Form of cross-border life.

Other situations of high vulnerability that are identified by the instance state competent.
III. the contact of a nation or native indigenous people or segment, not must be considered in any case as proof of its non-existence.
IV. identification of holders of this law, will be the result of the procedures to be performed at the express request of the Nations and peoples indigenous originating or segments of them, or of specific investigations by the relevant State authority.
V. Public servants from the central level of the State, the autonomous territorial entities and civil society, have a duty to enforce the rights of the holders of this law, under administrative, civil and criminal liability.

ARTICLE 3. (PRINCIPLES). The principles governing the application of this law are: caution. Oriented to the development of policy specific, preventive and precautionary, to ensure at all times the originating Indigenous Nations and peoples life systems high vulnerable, whose physical and cultural survival is extremely threatened.
Protection. Aimed at the adoption of a specific framework of special protection, at all levels of the plurinational State, to safeguard indigenous life of Nations and peoples systems originating in situation of vulnerability, whose physical and cultural survival is extremely threatened.
Regeneration. Oriented as the guarantee of the State, for the reproduction of Indigenous Nations and peoples life systems originating in situation of vulnerability, whose physical and cultural survival is extremely threatened.
Free determination. Under which, the Nations and indigenous peoples originating in situation of vulnerability, whose physical and cultural survival is extremely threatened, they freely determine their political status and pursue their economic, social and cultural development within the framework of the multinational State. Self-determination must be interpreted differently.
Favourability. Understood as the preferential application of the standard more favorable to influence and direct any State action that is going to perform concrete originating high vulnerable, whose physical and cultural survival is extremely threatened Nations and indigenous peoples.
Cultural diversity. The diversity cultural is the base essential for the State multinational. It is based on recognition and respect for the different systems of life originating Nations and indigenous peoples, and expresses the historical identity of their culture, which keeps and projected for future generations.
Differential approach. Understood as the application of policies for the care of needs and situations of vulnerability of Nations and indigenous peoples, or segments of them.
ARTICLE 4. (GENERAL DIRECTORATE OF PROTECTION TO NATIONS AND INDIGENOUS PEOPLES).
I the General direction of protection to Nations and peoples indigenous originating-DIGEPIO, creates under tutelage of the Executive Branch, its structure and operation will be established by Supreme Decree.
II. the DIGEPIO shall have the following functions: perform the technical procedures for the identification of holders of this law.

Design and implement in a coordinated manner with the autonomous territorial entities, within the framework of its powers, and with organizations of Nations and indigenous peoples, plans, programmes, projects and strategies of prevention, protection and strengthening to safeguard life systems.

Carry out sectoral and cross-sectoral manner, plans, programs and projects of generation and capacity-building for recovery and regeneration of life systems.

Develop sectoral and cross-sectoral manner, previous studies and comprehensive recognition and interdisciplinary analysis, to identify situations of high vulnerability of Indigenous Nations and indigenous peoples.
Harmonize the territorial rights of the holders of this law, with public policies of the plurinational State, with the participation of stakeholders.

Develop and update in coordination with organizations of the Nations and peoples originating indigenous, a single registry of holders of this law, for the adoption of measures of prevention, protection and strengthening.

Designing and establishing protocols and plans differentiated action for the implementation of mechanisms of prevention, protection and strengthening, coordinating their implementation with related institutions and organizations of Indigenous Nations and indigenous peoples.

Manage by Supreme resolution, Declaration of emergency of life in highly vulnerable systems.

Authorize the exceptional admission to State institutions working in prevention, protection and strengthening the territories inhabited by Nations and indigenous peoples, or segments of them declared with emergence of living systems in highly vulnerable.

Activate and promote all administrative actions and penalties against those who violate the provisions of this law and its regulations.

Promote coordination programmes and bilateral and multilateral joint actions for Nations and indigenous peoples, or segments of them with cross-border life, through the Ministry of Foreign Affairs.

Promote public institutions that apply, the issue of the legal and administrative instruments that are necessary for the implementation of the mechanisms of prevention, protection and strengthening.

Generate the conditions for them holders of the present law, may exercise the right to the identity and citizenship, according to each situation of high vulnerability.

Develop indicators of monitoring to assess the situations of vulnerability, of Nations and peoples originating indigenous or segment of them, for the application of prevention, protection and strengthening mechanisms.
III. the DIGEPIO, for the fulfilment of their duties, shall be obliged to coordinate and include the participation of the involved populations.
IV. the DIGEPIO apply and develop specific mechanisms of prevention, protection and strengthening in a differentiated way, according to the reality of each nation and native indigenous people or segment of them.
CHAPTER II PREVENTIVE MECHANISMS ARTICLE 5. (PREVENTION MECHANISMS).
I life systems prevention mechanisms will be developed at the central level of the State and the autonomous territorial entities, within the framework of their competences, in the following areas: Territorial.

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Dissemination and awareness-raising.
II. the DIGEPIO, may apply the preventive mechanisms to other areas according to the situation of vulnerability of the holders of this law.
ARTICLE 6. (TERRITORIAL SCOPE).
I threats of aggression that the holders of this law, to suffer in their territories or areas of influence, putting at risk the maintenance of their cultures and their ways of life, will be activated the following preventive mechanisms: establish the areas of occupation and transit camps, trails, hunting, fishing, and other sites.

Establishing the prohibition of entry and unlawful acts by persons other than the territory they occupy the headlines of this law, without the express authorization of the same and the DIGEPIO, except in exceptional situations defined in the protocols and action plans.

Prevent any kind of disruption, in the territories that the holders of this law, occupy for technical studies.

Take appropriate legal and administrative measures to any allegation of natural or legal persons, who know forced contacts or unauthorized income from people outside the territory of the holders of this law.
II. public and private institutions working in the responsible and planned utilization of resources

natural, as well as in the conservation of the environment, must observe them care of protection to the holders of the present law, established in them protocols and plans differentiated of performance.
III. any natural or legal person in case of knowledge of forced contacts or unauthorized entry of persons unrelated to the territory of holders of this law, shall communicate compulsorily and immediately to the DIGEPIO.
ARTICLE 7. (HEALTH SECTOR).
I. before diseases and epidemics that threaten the health and existence of them holders of the present law, in the frame of the model plurinational of health, must adopt is measures related to its situation of high vulnerability, activating is them following mechanisms of prevention: run strategies particularized and contextualized of health intercultural integral, that contemplate actions systematic, sustained and rigorous for avoid it death and the deterioration of the health of them holders of it present law giving priority to the attention of women, girls, boys, adolescents and older adults.

Delimit the health zones, for the constant monitoring of endemic vectors of holders of this law.

Implement programmes and projects for strengthening and coordination of ancestral knowledge in traditional medicine with conventional medicine.

Control hunting and illegal fishing that can be made in the territories of the holders of this law, preserving their food sovereignty and way of life.

Monitor, and periodic follow-up to possible diseases in populations adjacent to the territories of the holders of this law.

Execute contingency plans before exceptional situations involving imminent threat of death en masse, against holders of this law.
II. performance is forbidden under criminal sanction to persons other than the DIGEPIO, campaigns and research in health without authorization.
III. prohibited under penalty, according to the relevant regulations, pollute the environment in the territories and zones of influence of the holders of this law, in order to protect the health of their systems of life.
IV. any individual or collective person that develops its activities in the areas of influence of the holders of this law, is obliged to observe and comply with the preventive mechanisms in health making the DIGEPIO.
ARTICLE 8. (SCOPE OF DISSEMINATION AND AWARENESS-RAISING).

I. different suede high vulnerability and situations in order to achieve a more proactive and committed sensitivity with the? Live well? holders of this law, the following mechanisms of prevention will be activated: run in coordination with the central level of the State and the autonomous territorial entities, within the framework of their competences, strategies and awareness-raising projects targeted to the majority populations, on the situation and rights of the holders of this law.

Implement programmes of information, training, education and awareness, adapting them to the socio-cultural realities of the social actors that will go to work, with special emphasis on educational programs for children and adolescents.
II. the DIGEPIO, must implement training, training and awareness programmes for public servants related to the subjects of rights and public policies to be carried out for the owners of this law, in order to minimize the negative impacts.
CHAPTER III PROTECTION ARTICLE 9. (PROTECTION MECHANISMS).
I. them mechanisms of protection of them systems of life is will develop in the level central of the State and in them entities territorial autonomous, in the frame of their competences, in the following areas: Territorial.

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Monitoring.
II. the DIGEPIO and autonomous territorial entities, within the framework of its powers, may apply protection to other areas according to the situation of vulnerability of the holders of this law.
ARTICLE 10. (TERRITORIAL SCOPE).
I. before actions of aggression who suffer in their territories or areas of influence, that directly endanger the maintenance of the cultures and systems of life of holders of this law, will be activated the following protection mechanisms: to manage through Supreme resolution, Declaration of emergency of life in highly vulnerable systems, containing actions for immediate attention in accordance with the recommendations of the DIGEPIO, a situation that must be evaluated and monitored regularly under responsibility.

Establish areas of buffer lands, in order to avoid accidental contact with people outside their territory.

Manage the allocation of land, on a priority basis, for the transfer, settlement, expansion and territorial management, for holders of this law, according to protocols and action plans.

Promote the generation of bilateral or multilateral programmes in order to establish programmes of coordination and joint actions between different States, Indigenous Nations and peoples care originating with cross-border life.

Plan with the participation of the holders of this law, the development of their systems of life, strengthening its traditions and customs.

II. Declaration of emergency of life systems in highly vulnerable, Nations and indigenous peoples, or segments of them in isolation, voluntary and not contacted, will establish the area referenced in its territory.
III. Declaration of emergency of life in highly vulnerable systems, shall be without effect when: indicators of monitoring show favourable trends to the overcoming of the situation of vulnerability.

Life of the nation or native indigenous people systems, have suffered deterioration or transformation, which compromised their identity, caused by their own members.
IV. Declaration of emergency of life in highly vulnerable systems, will rise by Supreme resolution, previous coordination and approval with the involved Nations and indigenous peoples organizations.
ARTICLE 11. (SCOPE OF HEALTH).
I. before the presence of diseases and epidemics that attack the health and existence of the subjects of this law, must be taken measures relating to their specific situations of vulnerability, by displaying the following protection mechanisms: run urgently, care plans free and timely in intercultural community family health, communities, families and individuals requiring medical assistance giving priority to the protection of women, children, adolescents and older adults, against violence.

Establish health protection cords to safeguard health and prevent the spread of possible diseases from neighbouring communities.

Prevent the transmission of diseases, ensuring access to and use of traditional and academic medicine.

Run protocols and plans of care and treatment in specific situations of risk.
II. for Nations and indigenous peoples in isolation, voluntary and not contacted, the guarantee of the right to health and life, is to be interpreted so that take into account the desire of these people remain in isolation, non-contact and the need for greater protection.
ARTICLE 12. (SCOPE OF MONITORING).
I. DIGEPIO in coordination with institutions of the central level of the State and the autonomous territorial entities, within the framework of its competences, to implement a system integrated monitoring-SIM, to protect the holders of this law.
II. the DIGEPIO will incorporate teams of indigenous researchers originating, proposed by their peoples and organizations.
III. the SIM will formulate methodologies and will use instruments differentiated according to the situation of vulnerability of each nation and native indigenous people.
IV. the SIM systematize and will analyze them results and them evidence that is obtain, of them research made and of it information pre-existing, to propose the application of them mechanisms provided by the present law.
V. The SIM will contain those indicators that determine the situations of high vulnerability.
VI. the SIM will include the record of the areas of occupation and transit, in camps, paths, sites of hunting, fishing and others.
ARTICLE 13. (SITUATIONS OF HIGH VULNERABILITY).
I. it DIGEPIO will formulate them indicators of monitoring to evaluate them situations of high vulnerability, according to the following factors: unfavourable trends demographic to the growth population.

Affectation permanent by diseases endemic.

Growing population dismantled of its own nation or people indigenous native.

Growing proportion of members of another nation or people indigenous originating different to its identity and with tendency to constitute is in most population to the interior of its territory.

Growing waves of external expansion on their territories and natural resources.

Limitation of access to the main components of their diet.

Growing population without access to basic services, health and education.

Weakened and degraded systems of intergenerational communication of values and cultural practices.

Loss of access to their areas and resources of social and cultural importance.

Weakening of institutions and forms of self-regulation that makes it difficult for self-government, territorial management and conflict resolution.


Systematic and permanent situations of intolerance, racism and discrimination.

Insulation volunteer in their own spaces territorial, refusing all type of contact with people outside to your environment.

Contact forced peoples who have accepted the strategy of life do not contact, taking knowledge of its existence through oral history and vestiges that leave on their journey.
Others that can be determined.
II. the evaluation of them situations of high vulnerability of them systems of life of each nation or people indigenous native, can make is with two or more factors set forth in the paragraph preceding.
CHAPTER IV ARTICLE 14 STRENGTHENING MECHANISMS. (STRENGTHENING MECHANISMS). Mechanisms for strengthening systems of life will take place at the central level of the State and the autonomous territorial entities, within the framework of their competences, in the following areas: recovery and regeneration of living systems.

Institutions of the State.
ARTICLE 15. (RECOVERY AND REGENERATION OF LIVING SYSTEMS). To different situations of vulnerability that weaken the capabilities of regeneration and reproduction of life of holders of this law systems, will activate the following mechanisms of strengthening: execute strategies and actions to maintain and strengthen the own cultural identities, the linguistic vitality of languages, world views, religions, beliefs and cults as well as sacred sites.

Run and support strategies and actions, to the possible socio-cultural reconstruction and reunification.

Strengthening in the frame of their systems of life, cultural patterns for the revaluation of knowledge and ancestral knowledge.

To strengthen the exercise of their political, legal and economic systems according to their worldview.

To promote cohesion and harmonious balance in community, through the revaluation of its own right, and of forms of self-regulation of their systems of life.

To promote integral development with identity, respecting the balance of their systems of life, to contribute to the harmonious satisfaction of the collective needs of its members.

Promote the generation of Community initiatives of sustainable use of renewable natural resources, facilitating the rehabilitation of food security, access to the satisfiers and basic services, according to the municipal plans or of indigenous territorial management originally.

Promote access to special training programmes, technical and financial assistance for the strengthening of their economic activities, which take into account the uses, customs, own technologies and avoid the emigration of its young population.

Develop actions of conservation, restoration and custody of all the heritage material and immaterial.

To promote interculturalism and intraculturalidad, as a tool for development that generates cultural expressions shared, based on mutual respect and harmonious social coexistence.

Promote the rescue of the age-old customs linked to rituals, traditional medicine, religious and festive, expression supporting its conservation and dissemination strategy of the? Live well?.
ARTICLE 16. (SCOPE OF THE INSTITUTIONAL FRAMEWORK OF THE STATE). To different situations of vulnerability resulting in the possible extinction of physical and cultural systems of life of holders of this law, the institutions of the central level of the State and the autonomous territorial entities, within the framework of its powers, activate the following mechanisms of strengthening: respect the Indigenous Nations and peoples institutions originating , and their legitimate representatives at the level that corresponds to them.

Perform institutional re-engineering, taking into account the forecasts in economic and human resources that are required, according to the needs and characteristics that demand the actions of prevention, protection and strengthening.

Establish and implement commitments at the level of the highest authorities of the organs of the State, regarding the generation of articulated public policy sector and intersectorally.

Define and implement systems of coordination and monitoring between the different competent public institutions, in the implementation of measures of prevention, protection and strengthening.

The judiciary and the public prosecutor's Office, in coordination with the Bolivian police and the armed forces, must generate conditions, capabilities, techniques, protocols and plans of action with speed and efficiency, in the judicial proceedings against those who violate the rights of Nations and indigenous peoples, or segments of them, in a situation of vulnerability, whose physical and cultural survival is extremely threatened.

Run protection policies of cultural, religious, historical and documentary wealth of the holders of this law, promoting their custody and conservation.

Executing strategic actions for the improvement of degraded areas or ecosystems, and to mitigate the effects of weather and climatic risks in the territories of the holders of this law.

Facilitate access to tools, machinery, equipment, supplies, technical support, and others, which are consistent with their own vision of development, for actions of rehabilitation systems of life of holders of this law.
ADDITIONAL PROVISIONS FIRST. Amending articles 138 and 216 of the criminal code, being written with the following text:? ARTICLE 138. (GENOCIDE). Who with intent to destroy total or partially to the Bolivian population, nation or native peasant indigenous people, intercultural communities, afrobolivianas, or segment of them, or group of a religious creed, gives death or causes injury to its members, subjects them to conditions of inhuman subsistence or forced assimilation, or impusiere them measures to prevent their reproduction , or carried out with violence the displacement of children or adults to other groups, will be sanctioned with deprivation of freedom of fifteen (15) to thirty (30) years.
In the same punishment will incur the authors, or others guilty direct or indirect of bloody massacres in the plurinational State.?
? ARTICLE 216. (OFFENCES AGAINST PUBLIC HEALTH). You will incur imprisonment of one (1) to ten (10) years, that: it Propagare serious or contagious diseases or epidemics or she causes.

Do it envenenare, contaminare or adulterare waters? for? public consumption, to industrial use agriculture and fish farming.

It envenenare, contaminare or adulterare medicinal substances and foodstuffs.

It comerciare with substances harmful to health or sent food and drinks to disable.

It commits acts contrary to provisions on hygiene and sanitation or alterare prescriptions.

It provocare shortages or rising prices of food and medicinal, articles to the detriment of public health.

It whoever livestock safety measures or propagare epizootic diseases and plant pests.

It members or supplies drugs or medicinal substances, in kind, quality or quantity not corresponding to the medical prescription.

It commits any act which, in one way or another, affects the health of the population.

It transmitiere or try to transmit HIV by knowing that you living with this condition.
Where belonging to a nation or indigenous people originating high vulnerable victims, the penalty shall be aggravated by one third. ?
THE SECOND. Is embodied in the criminal code, the criminal type of income not authorized with the following text:? Article 353 Bis. (INCOME NOT AUTHORIZED). Who or who without complying with the requirements of law, unauthorized way from entering the territory of a nation or native indigenous people with the express declaration of emergency of life systems in highly vulnerable, with order to exploit natural resources or make health campaigns or research, or any illegal action that goes against the systems of life It will be punished with deprivation of liberty for three (3) to six (6) years.
The same penalty shall apply to who act to the service or to cooperate in any way, in the realization of studies of any kind not authorized.?
AVAILABLE END ONLY. This law will be regulated by the Ministry of justice within the period of one hundred eighty (180) days from its promulgation.

SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative plurinational, twenty-five days of the month of November of two thousand thirteen years.
FDO. Lilly Gabriela MONTAÑO Viana, Lucio Marca Mamani, Andres Agustin Villca Daza, Claudia Jimena Torres Chávez, Marcelo Elio Chavez, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
City of La Paz, to the four days of the month of December of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Aldo Ruben Saavedra Soto, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, José Antonio Zamora Gutiérrez, Pablo Cesar Groux Canedo, Claudia clear Stacy Pena, Amanda Davila Torres.