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Law No. 222 law of 10 February 2012 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 consultation to indigenous peoples of the territory indigenous and ISIBORO SÉCURE National Park? TIPNIS article 1. (Object). This law aims to summon the process of free and informed prior consultation to the indigenous peoples of Isiboro Sécure National Park and indigenous territory? TIPNIS, and establish the content of this process and its procedures.
Article 2. (Regulatory framework). The right of peasant Nations and native indigenous peoples to be consulted is laid down in article 15, paragraph II, article 30 and in the article 352 of the political Constitution of the State, in law No. 1257 of 11 July 1991 (do Convention 169 of the International Labour Organization? ILO) and in the law No. 3760 on November 7, 2007 (Declaration of United Nations on the rights of indigenous peoples), amended by the law No. 3897 on June 26, 2008.
Article 3. (Scope of free and informed prior consultation). The free and informed prior consultation be held in the native indigenous communities field Mojeño-Trinitario, Chimán and Yuracaré, peasants inhabiting Isiboro Sécure National Park and indigenous territory? TIPNIS, in its dual category of indigenous territory and protected Area, respecting its rules and procedures.
Article 4. (Purpose of the consultation). Achieve an agreement between the plurinational State of Bolivia and peoples indigenous native Mojeño-Trinitario, Chimane and Yuracaré, peasants on the following matters: define if Isiboro Sécure National Park and indigenous territory? TIPNIS must be intangible zone or not, to make possible the development of the activities of indigenous peoples Mojeño-Trinitario, Chimane and Yuracaré, as well as the construction of the Villa Tunari road? San Ignacio de Moxos.
Establish safeguards for the protection of Isiboro Sécure National Park and indigenous territory? TIPNIS, as well as those aimed at the prohibition and immediate eviction of illegal settlement respecting the TIPNIS demarcation line.
Article 5. (Subjects of the right to be consulted).
I. are subject of the right to be consulted, in accordance with the article 1 of the Convention 169 of the international of Labour Organization? ILO (Law No. 1257 of 11 July 1991), all communities Mojeño-Trinitario, Chimán and Yuracaré of the indigenous territory and Isiboro Sécure National Park? TIPNIS.
II. languages in the consultation process will be: mojeño-trinitario, mojeño-ignaciano, chimane, yuracaré and Castilian.
Article 6. (Obligations of the organs of the plurinational State of Bolivia).
I. the organ Executive through the Ministry of environment and water, and the Ministry of public works, services and housing, in coordination with the communities Mojeño-Trinitario, Chimán and Yuracaré, respecting its rules and procedures, is responsible for carrying out the process of prior consultation free and informed.
II. organ Executive through the Ministry of economy and public finances, should ensure sufficient resources for the implementation of the consultation process.
III. the organ Executive through the corresponding ministries, is obliged to provide the information in a timely manner, in order to ensure that the consultation process is in good faith, free, informed, participatory and transparent.
IV. in accordance with the provisions of the political Constitution of the State and particularly, according to the paragraph 2 of the article 15 of the United Nations Declaration on the rights of indigenous peoples (Law No. 3760 on November 7, 2007, amended by the law No. 3897 on June 26, 2008), the Executive Body will adopt effective measures in consultation coordination and cooperation with peoples Mojeño-Trinitario, Chimane and Yuracaré, to combat prejudice, to eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and between them and all other sectors of society.
Article 7. (Observation and accompanying report).
I. the multinational Electoral body, through the democratic strengthening Intercultural service? SIFDE, will be responsible for monitoring and accompaniment of the prior, free and informed consultation, and you should be informed about the timetable and procedure for the consultation of thirty (30) days in advance.
II. completed the process of observation and supervision of free and informed prior consultation the SIFDE will prepare the respective accompanying report, noting the results of the query.
III. the plurinational State of Bolivia will invite international organizations, related to the subject matter of the inquiry, as international observers.
Article 8. (Deadline). Free and informed prior consultation will take place from inception to its conclusion, within a maximum of one hundred twenty (120) days from the enactment of this Act.
Article 9. (Stages). The consultation process should meet at least the following stages: preparation of the consultation: timetable and consultation Protocol.
Collection of relevant information.
Publicity of the query.
Provision of relevant information.
Installation and development of the inquiry: communication peoples Mojeño-Trinitario, Chimane and Yuracaré of all the information necessary and sufficient for the development and fulfillment of the purpose of the consultation.
Consideration and definition about whether Isiboro Sécure National Park and indigenous territory? TIPNIS is intangible zone or not, and on the construction of the Villa Tunari? San Ignacio de Moxos.
Consideration and decision on safeguards for the protection of Isiboro Sécure National Park and indigenous territory? TIPNIS, as well as those aimed at the prohibition and immediate eviction of illegal settlements, respecting the line demarcation, and determine if it is the case, the mechanisms to maintain the zoning established in the Management Plan of the TIPNIS.
Results of the consultation: Proceedings of conclusions subscription.
Notification of decisions.
Article 10. (Agreements of the query character). The agreements reached in the consultation process are mandatory for the plurinational State and peoples indigenous native peasant Mojeño-Trinitario, Yuracaré, and Chimane.
Article 11. (Execution of the agreements). The agreements reached in legislative or administrative matters will be executed immediately after consultation, by the plurinational Legislative Assembly and the Executive Branch, as appropriate.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative multinational, to the nine days of the month of February of two thousand twelve years.
FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sánchez Heredia, Luis Alfaro Arias, Erica Roxana Claure.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, on the tenth day of the month of February of two thousand twelve years.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Arturo Vladimir Sánchez Escobar, Daniel Santalla Torrez, Nemesia Achacollo Tola, Claudia Stacy clear penalty, Felipe Quispe Quenta.
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