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

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law no 450

LAW OF DECEMBER 4, 2013

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has The following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECCRETA:

LAW OF PROTECTION OF INDIGENOUS NATIONS AND INDIGENOUS PEOPLES

IN SITUATION OF HIGH VULNERABILITY

CHAPTER I

OBJECT, HEADLINES, PRINCIPLES, AND DIRECTION

ARTICLE 1. (OBJECT AND PURPOSE). This Law aims to establish mechanisms and

sectoral and intersectoral policies for prevention, protection and strengthening, to safeguard systems and forms of individual and collective life, of indigenous nations and indigenous peoples in a situation of high vulnerability, whose physical and cultural survival is extremely threatened.

ARTICLE 2. (RIGHTHOLDERS).

I. They are rights holders, indigenous nations and peoples originating, or segments of them, that are in a situation

of high vulnerability, whose physical and cultural survival is extremely threatened.

II. For the purposes of this Act, the following are high vulnerability situations:

Danger of extinction.

Voluntary isolation.

Forced isolation.

Not contacted.

In initial contact.

Transboundary life form.

Other High Situations vulnerability that is identified by the competent state instance.

III. The non-contact of a native or indigenous nation or people, should not be considered in any case as proof of their non-existence.

IV. The identification of the rights holders of this Law shall be the result of the procedures being performed

at the express request of indigenous nations and peoples originating or segments of them, or specific investigations conducted by the corresponding state instance.

V. Public servants at the central level of the State, autonomous territorial entities and civil society, have the

duty to enforce the rights of the holders of this Law, under administrative, civil and civil liability. and criminal.

ARTICLE 3. (PRINCIPLES). The principles governing the application of this Law are:

Caution. Oriented to the development of specific policies, preventive and precautionary, to guarantee at all times the systems of life of indigenous nations and peoples in situations of high vulnerability, 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, in order to safeguard the life systems of indigenous nations and indigenous peoples in a situation of high vulnerability, whose physical and cultural survival is extremely threatened.

Regeneration. Oriented as the guarantee of the State, for the reproduction of the systems of life of the indigenous nations and indigenous peoples vulnerability, whose physical and cultural survival is extremely threatened.

Free determination. By virtue of which indigenous nations and peoples of high vulnerability, whose physical and cultural survival is extremely threatened, freely determine their political status and pursue their development economic, social and cultural, within the framework of the Plurinational State. Self-determination must be interpreted differently.

Favorability. Understand as the preferred application of the most favorable standard for conditioning and directing any state performance that is to be performed in a manner concrete with indigenous nations and indigenous peoples in situations of high vulnerability, whose physical and cultural survival is extremely threatened.

Cultural diversity. Cultural diversity constitutes the essential basis of Plurinational State. It is based on the recognition and respect of the different life systems of indigenous nations and indigenous peoples, and expresses the historical identity of their culture, which maintains and projects it for their future generations.

Focus differential. Understood as the application of policies for the attention of needs and situations of high vulnerability of indigenous nations and peoples originating or segments of them.

ARTICLE 4. (GENERAL DIRECTION OF PROTECTION TO INDIGENOUS NATIONS AND PEOPLES

ORIGINATING).

I. The Directorate-General for Protection of Indigenous Nations and Indigenous Peoples-DIGEPIO, under the authority of the Authority

is hereby established, its structure and functioning shall be established by Supreme Decree.

II. The DIGEPIO will have the following attributions:

Perform the technical procedures for the identification of the rights holders of this Law.

Formulate and execute in a coordinated manner with the entities Autonomous territorial regions, within the framework of their competencies, and with organizations of indigenous nations and peoples, plans, programs, projects and strategies for prevention, protection and strengthening to safeguard the systems of life.

Perform sectorial and cross-industry, plans, programs and projects for generating and strengthening the resilience and regeneration of life systems.

Developing in a sectorial and cross-sectoral manner, previous and comprehensive studies of recognition and analysis interdisciplinary, 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 State Plurinational, with the involvement of those involved.

Elaborate and to update in coordination with the indigenous peoples 'and indigenous peoples' organizations, a single register of the holders of this Law, for the adoption of necessary prevention, protection and strengthening measures.

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

Manage by Supreme Resolution, the emergency declaration of high vulnerability life systems.

Authorizing exceptional income to state institutions that work on prevention, protection, and strengthening, to the territories where indigenous nations and peoples live or segments of them declared with emergency of life systems in high vulnerability.

Activate and promote all administrative actions and criminal offences against those who infringe the provisions of this Law and its

Promote bilateral and multilateral joint coordination and action programmes for indigenous nations and peoples originating in or segments of them in the form of cross-border life, through the Ministry of Foreign Relations.

To promote to the public institutions that correspond, the issuance of the legal and administrative instruments that are necessary for the implementation of the mechanisms of prevention, protection and strengthening.

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

Develop monitoring indicators to assess situations of high vulnerability, of nations and peoples Indigenous origin or segment of them, for the application of prevention, protection and strengthening mechanisms.

III. The DIGEPIO, for the fulfilment of its attributions, will have the obligation to coordinate and include participation of

the populations involved.

. The DIGEPIO will implement and develop specific mechanisms of prevention, protection and strengthening in a differentiated way, according to the reality of each nation and indigenous people originating or segment of them.

CHAPTER II

PREVENTION MECHANISMS

ARTICLE 5. (PREVENTION MECHANISMS).

I. The prevention mechanisms of life systems will be developed at the central level of the State and in the

autonomous territorial entities

within the framework of their competencies, in the following areas:

Territorial.

Health.

Dissemination and Awareness.

II. The DIGEPIO, you can apply the prevention mechanisms to other scopes according to the situation of high

vulnerability of the holders of this Law.

ARTICLE 6. (TERRITORIAL SCOPE).

I. In the face of threats of aggression suffered by the holders of this Law, in their territories or areas of influence,

endangering the maintenance of their cultures and their life forms, the following mechanisms will be activated. prevention:

Establish the areas of occupation and transit, in camps, paths, hunting, fishing and other sites.

Establishing the prohibition of entry and the conduct of illegal acts by persons outside the territory of the holders of this Law, without the express authorisation of the same and the DIGEPIO, except in exceptional situations defined in the protocols and action plans.

Prevent any type of disturbance, in the territories that make the headlines of this Law, during the conduct of technical studies.

Take the appropriate legal and administrative measures for any complaint of natural or legal persons, who know of forced contacts or unauthorized income of persons outside the territory of the holders of the

II. Public and private institutions that work on the responsible and planned use of natural resources

, as well as environmental conservation, shall observe the protective care for the holders of this Law, established in the

III.

natural or legal person, in the event of knowledge of forced contacts or unauthorized entry of

persons outside the territory of the holders of the present Law, must communicate compulsorily and in immediate form to the DIGEPIO.

ARTICLE 7. (BOTH OF HEALTH).

I. In the face of diseases and epidemics that threaten the health and existence of the headlines of this Law, in the framework of the

plurinational model of health, measures related to their situation of high vulnerability should be adopted, activating the The following prevention mechanisms:

Execute particularized and contextualized strategies of integral intercultural health, which contemplate systematic, sustained and rigorous actions to avoid death and deterioration of health of the headlines of this Law, prioritizing the attention of women, Girls, boys, adolescents and older adults.

Delimiting the areas of health influence, for the constant monitoring of endemic vectors of the headlines of this Law.

Run programs and projects to strengthen and articulate knowledge Traditional medicine with academic medicine.

Control the illegal hunting and fishing that can be carried out in the territories of the holders of this Law, by protecting their food sovereignty and life system.

Monitor and regularly track potential diseases in populations adjacent to the territories of the holders of this Law.

Execute contingency plans in the face of exceptional situations, involving imminent threat of mass mortality, against the holders of the This Act.

II. It is prohibited under criminal sanctions, persons other than DIGIOP, conduct campaigns and health investigations without

authorization.

III. It is prohibited under sanction, in accordance with the relevant regulations, to pollute the environment in the territories and

areas of influence of the holders of this Law, in order to protect the health of their systems life.

IV. Any individual or collective person who develops their activities in the areas of influence of the holders of the

this Law, is obliged to observe and comply with the mechanisms of prevention in health that formulate the DIGIOP.

ARTICLE 8. (SCOPE FOR DISSEMINATION AND AWARENESS).

I. Faced with different situations of high vulnerability and in order to achieve a more proactive and committed sensitivity to it? Living Well? The following prevention mechanisms will be activated:

Run in a coordinated manner with the central level of the State and with the autonomous territorial entities, within the framework of their competencies, strategies and awareness-raising projects aimed at the majority populations, on the situation and rights of the holders of this Law.

Run information, training, training and awareness programmes, adapting the same to the socio-cultural realities of the social actors with whom go to work, with special emphasis on educational programs for childhood and adolescence.

II. The DIGEPIO, must implement training, training and awareness programs for public servants

the public policy and rights issues to be carried out for the holders of this Law in order to minimize negative impacts.

CHAPTER III

PROTECTION MECHANISMS

ARTICLE 9. (PROTECTIVE MECHANISMS).

I. The mechanisms of protection of life systems will be developed at the central level of the State and in the autonomous territorial

entities, within the framework of their competencies, in the following areas:

Territorial.

Health.

Monitoring.

II. The DIGEPIO and the autonomous territorial entities, within the framework of their competencies, will be able to apply the mechanisms

of protection to other areas according to the situation of high vulnerability of the holders of the Present Law.

ARTICLE 10. (TERRITORIAL SCOPE).

I. For actions of aggression that suffer in their territories or areas of influence, that directly endanger the

maintenance of the cultures and life systems of the holders of this Law, the following mechanisms will be activated of protection:

Manage by Supreme Resolution, declaration of emergency of systems of life in high vulnerability, containing actions of immediate attention, according to the recommendations of the DIGEPIO, situation that must be evaluated and monitored periodically under responsibility.

Set land buffer areas to avoid accidental contact with people outside their territory.

Manage the allocation of fiscal land, as a matter of priority, for the transfer, settlement, expansion and integral territorial management, for the holders of this Law, according to the protocols and plans of action.

To promote the generation of bilateral or multilateral programs, in order to establish coordination programmes and joint actions between different States, for the attention of indigenous nations and peoples originating in the form of cross-border life.

Plan with the participation of the holders of this Law, the integral development of their life systems, strengthening their uses and customs.

II. The declaration of emergency of systems of life in high vulnerability, for indigenous nations and peoples originating or segments of them in a situation of voluntary isolation and not contacted, will establish the area

III.

III. The declaration of emergency of life systems in high vulnerability, will be without effect when:

Monitoring indicators demonstrate trends favorable to overcoming the situation of high vulnerability.

The nation's life systems or native indigenous people, have suffered deterioration or transformation, which compromises their identity, provoked by their own members.

IV. The declaration of emergency of systems of life in high vulnerability, will be lifted by Supreme Resolution,

prior coordination and approval with the organizations of the indigenous nations and indigenous peoples involved.

ARTICLE 11. (BOTH OF HEALTH).

I. In the presence of diseases and epidemics that attack the health and existence of the subjects of this Law, they must

adopt measures related to their specific situations of high vulnerability, activating the following Protection mechanisms:

Run urgently, timely and free care plans in community-based family health, for communities, families and people requiring medical assistance, prioritizing the protection of women, girls, children, adolescents and older adults, compared to forms of violence.

Establishing health protection cords to protect health, and prevent the contagion of possible diseases from neighboring communities.

Avoid disease transmission, ensuring access to and use of traditional medicines such as the academic one.

Run protocols and care and treatment plans in the face of specific risk situations.

II. For indigenous nations and peoples originating in a situation of voluntary and uncontacted isolation, the guarantee of the

right to health and life must be interpreted in a way that takes into account the desire of these peoples of to be kept in isolation, non-contact and the need for further protection.

ARTICLE 12. (SCOPE OF MONITORING).

I. The DIGEPIO in coordination with institutions from the central level of the State and the autonomous territorial entities, in the

framework of their competences, will implement a Comprehensive System of Monitoring-SIM, to protect the holders of the Present Law.

II. The DIGEPIO will incorporate teams of indigenous researchers, proposed by their peoples and organizations.

III. The SIM will formulate methodologies and use differentiated instruments according to the situation of high vulnerability

of each indigenous nation and indigenous people.

IV. The SIM will systematize and analyze the results and the evidence obtained, from the investigations carried out and

from the pre-existing information, to propose the application of the mechanisms provided by this Law.

V. The SIM will contain the indicators that determine the situations of high vulnerability.

VI. The SIM will include the registration of the areas of occupation and transit, in camps, paths, hunting sites, fishing and

others.

ARTICLE 13. (SITUATIONS OF HIGH VULNERABILITY).

I. The DIGEPIO will formulate monitoring indicators to assess situations of high vulnerability, according to

the following factors:

Disfavorable demographic trends to population growth.

Permanent Affectation for Endemic Diseases.

Growing disjointed population of their own native nation or indigenous people.

The recent proportion of members of another indigenous nation or people originating different from their identity and with a tendency to become a majority of the population within their territory.

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

Limitation of access to the main components of their food.

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

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

Loss of access to your areas and resources of socio-cultural importance.

weakening institutions and forms of self-regulation that hinder self-governance, territorial management and conflict resolution.

Permanent and systematic situations of intolerance, racism and discrimination.

Voluntary isolation in their own territorial spaces, shying away from all contact with people outside their environment.

Forced contact with peoples who have assumed as a life strategy the contact, having knowledge of their existence by means of oral history and vestiges that they leave on their journey.

Others that can be determined.

II. The assessment of the situations of high vulnerability of the life systems of each indigenous nation or indigenous people,

may be carried out with two or more factors listed in the preceding paragraph.

CHAPTER IV

STRENGTHENING MECHANISMS

ARTICLE 14. (STRENGTHENING MECHANISMS). The mechanisms for strengthening the

life systems will be developed at the central level of the State and in the autonomous territorial entities, within the framework of their competencies, in the following areas:

Recovery and regeneration of life systems.

State Institutionality.

ARTICLE 15. (SCOPE OF RECOVERY AND REGENERATION OF LIFE SYSTEMS). In the face of

different situations of high vulnerability that weaken the capacity of regeneration and reproduction of the life systems of the holders of this Law, the following strengthening mechanisms will be activated:

Execute strategies and actions to maintain and strengthen your own cultural identities, linguistic vitality of languages, cosmovisions, religions, beliefs and cults, as well as sacred places.

Run and support strategies and actions of their own, for possible rearticulation sociocultural and regrouping.

Strengthen in the framework of your life systems, cultural patterns for the appreciation of ancestral knowledge and knowledge.

Strengthen the exercise of your systems political, legal and economic in line with their worldview.

Promote cohesion and harmonious balance in the community, through the revalorization of one's right, and the forms of self-regulation of their systems of life.

Driving integral development with identity, respecting the balance of your Life systems, to contribute to the harmonious satisfaction of the collective needs of its members.

Promote the generation of community initiatives for sustainable use of renewable natural resources, facilitating the rehabilitation of food security, access to basic services and services, in accordance with community plans or indigenous indigenous territorial management and management.

Promoting access to special training programs, technical and financial assistance for strengthening their economic activities, taking into account the uses, customs, technologies of their own, and avoiding the migration of their young population.

Develop conservation, restoration, and custody actions for all material and intangible heritage.

Promote interculturality and intraculturality, as a development tool that generates shared cultural expressions, on the basis of mutual respect and harmonious social coexistence.

Promote the rescue of millennial customs linked to rituality, traditional medicine, religious and festive expressions, supporting their conservation and dissemination as a strategy of the? Living Well?.

ARTICLE 16. (SCOPE OF THE STATE INSTITUTIONALITY). In view of the different situations

of high vulnerability that result in the possible physical and cultural extinction of the life systems of the holders of this Law, the institutions of the central level of the State and the institutions The following strengthening mechanisms will be activated within the framework of their powers:

Respect the institutionality of indigenous nations and indigenous peoples, and their legitimate representatives in the level that corresponds to them.

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

Establish and execute commitments at the top authorities of the State Organs, with respect to the generation of public policies articulated sectorial and intersectorially.

Define and implement systems of coordination and monitoring among the different competent public institutions, in the execution of prevention, protection and strengthening actions.

The Judicial and Public Ministry, in coordination with the Police Bolivia and the Armed Forces must generate conditions, capabilities, techniques, protocols and plans of action with speed and efficiency, in the judicial processes against those who are attacking the rights of indigenous nations and peoples originating or segments of them, in a situation of high vulnerability, whose physical and cultural survival is extremely threatened.

Run policies to protect the cultural, religious, historical and documentary wealth of the holders of this Law, promoting their custody and conservation.

Execute strategic actions, for improvement ecosystems or degraded areas, and to mitigate the effects of inclement and climate risks on the territories of the holders of this Law.

Facilitating access to tools, machinery, equipment, inputs, technical support and others, which are in accordance with their own development vision, for actions to rehabilitate the life systems of the holders of this Law.

ADDITIONAL provisions

FIRST. Articles 138 and 216 of the Penal Code, being drafted with the following text:

ARTICLE 138. (GENOCIDE). Who or who for the purpose of totally or partially destroying the Bolivian population, indigenous nation or indigenous people, intercultural communities, Afro-olivianas, or segment of them, or group of a creed religious, death or injury to its members, or subject them to conditions of inhuman subsistence or forced assimilation, or to impose measures aimed at preventing their reproduction, or with violence the displacement of children or adults towards other groups, will be punished with deprivation of freedom of fifteen (15) thirty (30) years.

In the same sanction will he or the perpetrators, or other direct or indirect guilty of massacres

bloody in the Plurinational State.?

? ARTICLE 216. (DELORS AGAINST PUBLIC HEALTH). Incurrage in deprivation of freedom from

one (1) to ten (10) years, the one that:

I will spread severe or contagious diseases or cause epidemics.

Envenomare, pollute or adulterare waters? destined? public consumption, agricultural and agricultural industrial use.

Envenomare, I will contaminate or adulterate medicinal substances and food products.

I will be dealing with harmful substances for

Increase in the cost of food and medicinal products, to the detriment of public health.

I will break livestock health measures or spread epizootic diseases and pests.

I will either supply or supply drugs or medicinal substances, in kind, quality or quantity not corresponding to the prescription.

I will perform any other act that in one way or another affects the health of the population.

Transmitiere or I will try to transmit HIV knowing that you live with this condition.

In case the victims belong to a nation or town Indigenous origin in a situation of high vulnerability, the penalty will be aggravated by a third. ?

SECOND. It is incorporated into the Penal Code, the criminal type of unauthorized entry, with the following text:

ARTICLE 353 Bis. (UNAUTHORISED ENTRY). Who or who does not comply with the requirements

of Law, in an unauthorized manner enter the territory of a native nation or indigenous people that has an express declaration of emergency of high life systems vulnerability, in order to exploit natural resources or to conduct campaigns or investigations in health, or any type of illicit action that attacks the systems of life, will be sanctioned with deprivation of liberty of three (3) to six (6) years.

The same penalty will be applied, to whom you act on the service or collaborate on any form, in the realization of

studies of any unauthorized nature.?

FINAL DISPOSITION

ONLY. This Law will be regulated by the Ministry of Justice within one hundred and eighty (180) days of

enactment

OPENING AND REPEALING DISPOSITION

ONLY. All provisions contrary to this Law shall be abrogated and repealed.

Remit to the Executive Body, for Constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-five days. of the month of

November of two thousand thirteen years.

Fdo. Lilly Gabriela Montano Viana, Lucio Marca Mamani , Andres Agustín Villca Daza, Claudia Jimena Torres Chavez , Marcelo Elio Chavez, Angel David Cortés Villegas.

Therefore, I enact it so that it is Law of the Plurinational State of Bolivia.

City of La Paz, four days of the month of December of the year two thousand thirteen.

FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo Saavedra Soto, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, José Antonio Zamora Gutiérrez, Pablo Cesar Groux Canedo, Claudia Stacy Peña Claros, Amanda Davila Torres.