Law Indigenous Peoples Of Indigenous Territory And Parque Nacional Isiboro Sécure - Tipnis.

Original Language Title: LEY DE CONSULTA A LOS PUEBLOS INDÍGENAS DEL TERRITORIO INDÍGENA Y PARQUE NACIONAL ISIBORO SÉCURE – TIPNIS.

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law No. 222

LAW OF 10 FEBRUARY 2012

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

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

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECCRETA:

LAW OF CONSULTATION OF THE INDIGENOUS PEOPLES OF THE

INDIGENOUS TERRITORY AND NATIONAL PARK ISIBORO SECURE? TIPNIS

Article 1. (Object). This Law is intended to call upon the process of Free and Informed Consultation of the

peoples of the Indigenous Territory and the Isiboro Secure National Park

TIPNIS, and set the content of this process and its procedures.

Article 2. (Regulatory Framework). The right of indigenous nations and indigenous peoples to be

consulted is set forth in paragraph 15, paragraph II, of Article 30 and Article 352 of the Constitution of the State, in Law No. 1257 of 11 of July 1991 (Convention 169 of the International Labour Organization? ILO) and Law No. 3760 of 7 November 2007 (United Nations Declaration on the Rights of Indigenous Peoples), as amended by Law No 3897 of 26 June 2008.

Article 3. (Scope of the Free and Informed Prior Consultation). The Free and Informed Prior Consultation will be

in the area of indigenous communities originating from Mojeno-Trinitaria, Chimams and Yuracares, which inhabit the Indigenous Territory and Isiboro Secure National Park? TIPNIS, in its dual category of Indigenous Territory and Protected Area, respecting its own rules and procedures.

Article 4. (Purpose of the query). Achieve an agreement between the Plurinational State of Bolivia and the peoples

indigenous Mojeno-Trinittarius peasant, Chimane and Yuracare, on the following issues:

Define if the Indigenous Territory and Park National isiboro Secure? TIPNIS must be an intangible zone or not, in order to make the development of the activities of the indigenous Mojeno-Trinittarius, Chimane and Yuracare indigenous peoples, as well as the construction of the Villa Tunari Road? San Ignacio de Moxos.

Set safeguard measures for protection for the Isiboro Secure Indigenous Territory and National Park? TIPNIS, as well as those aimed at the immediate prohibition and eviction of illegal settlements while respecting the TIPNIS demarcating line.

Article 5. (Subject of the right to be consulted).

I. Are subjects of the right to be consulted, in accordance with Article 1 of the Convention 169 of the Organization

International Labor? ILO (Law No. 1257 of 11 July 1991), all the Mojeno-Trinitaria, Chimams and Yuracares communities of the Indigenous Territory and Isiboro Secure National Park? TIPNIS.

II. The languages in the consultation process will be: mojeno-trinittarius, mojeno-ignaciano, chimane, yuracare and Castellano.

Article 6. (Obligations of the Organs of the Plurinational State of Bolivia).

I. The Executive Body through the Ministry of Environment and Water, and the Ministry of Public Works, Services and

Housing, in coordination with the communities of Mojeno-Trinitarias, Chimams and Yuracares, respecting their norms and own procedures, is in charge of carrying out the process of Free and Informed Prior Consultation.

II. The Executive Body through the Ministry of Economy and Public Finance must ensure sufficient resources

for the implementation of the consultation process.

III. The Executive Body through the relevant Ministries, is obliged to provide the detailed information of

in a timely manner, in order to ensure that the consultation process is in good faith, free, informed, participatory and transparent.

IV. According to the Constitution of the State and in particular, according to Article 2 of the Article

15 of the United Nations Declaration on the Rights of Indigenous Peoples (Law No. 3760 of 7 November 2001) 2007, as amended by Law No 3897 of 26 June 2008), the Executive Body will adopt effective measures in consultation, coordination and cooperation with the Mojeno-Trinittarius, Chimane and Yuracare peoples, in order to combat prejudice, eliminate the discrimination and promote tolerance, understanding and good relations between the indigenous peoples, and between them and all other sectors of society.

Article 7. (Monitoring, monitoring and reporting).

I. The Plurinational Electoral Organ, through the Intercultural Service of Democratic Strengthening? SIFDE will be responsible for the observation and follow-up of the Prior, Free and Informed Consultation, and should report on the timetable and procedure established for the consultation with an anticipation of thirty (30) days.

II. Concluded the observation and follow-up process to the Free and Informed Prior Consultation, the SIFDE will draw up the

respective accompanying report, pointing out the results of the query.

III. The Plurinational State of Bolivia will invite international organizations, related to the theme of the

consultation, as international observers.

Article 8. (Deadline). The Free and Informed Prior Consultation will be conducted from its beginning to its conclusion, in a

maximum of one hundred and twenty (120) days from the enactment of this Law.

Article 9. (Stages of the process). The query process must meet at least the following stages:

Preparing the query:

Cronogram and protocol of the query.

Ascope of the relevant information.

Prior notification.

Advertising of the query.

Provision of relevant information.

Installing and developing the query:

Communication to the Mojeno-Trinittarius, Chimane, and Yuracare peoples of all necessary and sufficient information for the development and fulfillment of the purpose of the Query.

Consideration and definition on whether the Indigenous Territory and Isiboro Secure National Park? TIPNIS is an intangible zone or not, and on the construction of the road Villa Tunari? San Ignacio de Moxos.

Consideration and decision on safeguard measures for the protection of Indigenous Territory and Isiboro Secure National Park? TIPNIS, as well as those aimed at the immediate prohibition and eviction of illegal settlements, respecting the demarcating line, and determine if it were the case, the mechanisms to maintain the zoning established in the TIPNIS Management Plan.

Query Results:

Subscription of report minutes.

Notification of decisions.

Article 10. (Character of the Agreements of the Consultation). The agreements reached in the Consultation process are

mandatory compliance for the Plurinational State and indigenous peoples originating from the Mojeno-Trinittarius, Chimane and Yuracare peasants.

Article 11. (Implementation of the agreements). The agreements reached in legislative or administrative matters shall be executed immediately after the Consultation, by the Plurinational Legislative Assembly and by the Executive Body, as appropriate.

Remitase to the Authority Executive, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, on the nine days of February of

two thousand twelve years.

Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sanchez

Heredia, Luis Alfaro Arias, Erica Roxana Claure.

Therefore, it has been enacted to comply with the law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, ten days of the month of February of two thousand twelve years.

FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramon Quintana Taborga, Luis Alberto

Arce Catacora, Arturo Vladimir Sanchez Escobar, Daniel Santalla Torrez, Nemesia Acacollo Tola, Claudia Stacy Peña Claros, Felipe Quispe Quenta.