Law Of Jurisdictional Demarcation


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Act No. 073 law of 29 December 2010 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, D E C R E T A: Act of settling jurisdictional chapter I provisions general article 1. (OBJECT). The present law has by object regular them fields of force, willing in the Constitution political of the State, between the jurisdiction indigenous originally peasant and them others jurisdictions recognized constitutionally; and to determine the mechanisms of coordination and cooperation among these jurisdictions, within the framework of legal pluralism.
I given the pre colonial Nations and peoples indigenous native existence peasants and their ancestral dominion over their territories, guarantee self-determination within the framework of the unity of the State, consisting of their right to autonomy, self-government, culture, recognition of its institutions and the consolidation of its territorial entities.
II. the present law is based in the Constitution political of the State, the law N ° 1257 that ratifies the Convention 169 of the Organization International of the work, the law N ° 3897 of 26 of June of 2008, that raises to range of law it Declaration of them Nations United on them rights of them peoples indigenous and others instruments international of rights human applicable.
Article 3. (HIERARCHICAL EQUALITY). The judicial function is unique. The jurisdiction indigenous native peasant enjoys of equal hierarchy that the jurisdiction ordinary, the jurisdiction agri-environmental and other jurisdictions legally recognized.
Article 4. (PRINCIPLES). The principles governing this law are: respect for the unity and integrity of the plurinational State. The exercise of constitutionally recognized, in the context of legal pluralism, jurisdictions is intended to preserve the unity and territorial integrity of the multinational State;

Relationship spiritual among the Nations and peoples indigenous originariocampesinos and the mother earth. Peasant Nations and native indigenous peoples have the right to maintain and strengthen their own relationship spiritual with their lands and territories which they have traditionally owned, occupied or used and assume the responsibilities to future generations.
In the frame of their worldviews, the Nations and peoples indigenous originating peasants maintain a relationship harmonious, of complementarity and respect with the mother earth;

Cultural diversity. Cultural diversity is the essential basis of the plurinational State community. All constitutionally recognized jurisdictions should respect different cultural identities;

Interpretation intercultural. To the time of manage e impart justice, the authorities of the different jurisdictions recognized constitutionally must take in has them different identities cultural of the State multinational;

Legal pluralism with hierarchical equality. Is respects and ensures the coexistence, coexistence and independence of them different systems legal, within the State multinational, in equality of hierarchy;

Complementarity. It involves the concurrence of efforts and initiatives of all jurisdictions recognized in the Constitution;

Independence. No authority of jurisdiction may have interference on another;

Equity and gender equality. All the jurisdictions recognized constitutionally, respect, promote, protect and guarantee the equality between men and women, in the access to the justice, the access to charges or functions, in it takes of decisions, in the development of the procedure of judging and the application of sanctions;

Equality of opportunity. All them jurisdictions guarantee that them girls, children and adolescents, young, adults older and people in situation of disability, have the same possibilities of access to the exercise of their rights social, economic, civil and political.
Chapter II fundamental rights and constitutional guarantees article 5. (RESPECT FOR FUNDAMENTAL RIGHTS AND CONSTITUTIONAL GUARANTEES).
Respect all jurisdictions recognized in the Constitution, promote and guarantee the right to life and other rights and guarantees recognized by the political Constitution of the State.

All jurisdictions constitutionally recognized respect and guarantee the exercise of the rights of women, their participation, decision, presence and permanence, both equal access and just charges as in control, decision, and participation in the administration of Justice.

Authorities of the peasant originally indigenous jurisdiction will not sanctioned with loss of land or expulsion to the seniors or people with disabilities, by reason of breach of communal duties, charges, contributions and communal services.

All jurisdictions recognized in the Constitution, prohibit and punish all forms of violence against children, adolescents and women. Any conciliation regarding this issue is illegal.

Lynching is a violation of human rights, is not permitted in any jurisdiction and should be prevented and sanctioned by the plurinational State.
Article 6. (PROHIBITION OF THE DEATH PENALTY). In strict application of the political Constitution of the State, it is strictly prohibited the death penalty under the criminal proceedings in the ordinary courts for the crime of murder who imposed it, indulge it or run it.

Chapter III areas of validity of the original PEASANT indigenous jurisdiction article 7. (ORIGINAL INDIGENOUS JURISDICTION PEASANT). Is it power that have them Nations and peoples indigenous originally peasants of manage justice according to their system of Justice own and is exerts by means of their authorities, in the frame of it established in the Constitution political of the State and the present law.
Article 8. (SCOPE OF VALIDITY). Peasant originally indigenous jurisdiction is exercised in the areas of personal, material and territorial validity, when at the same time.

Article 9. (PERSONAL FORCE FIELD). Members of the respective nation or native peasant indigenous people are subject to the peasant originally indigenous jurisdiction.

Peasant originally indigenous jurisdiction known issues or conflicts that historic and traditionally they met under its rules, existing procedures and knowledge according to their self-determination.

The material of the original indigenous jurisdiction peasant force field does not reach to the following subjects: criminal, crimes against international law, the offences for crimes against humanity, crimes against the internal and external State security, terrorism offences, tax and customs offences and offences for corruption or any other offence whose victim is the State , treats and traffic of people, traffic of weapons and crimes of drug trafficking. Them crimes committed against the integrity body of children, girls and adolescent, them crimes of rape, murder or homicide;

In matter civil, any process in which is part or third interested the State, through its administration central, decentralized, decentralized, autonomous and it related to the right owner;

Labour law, Social security law, tax law, administrative law, mining law, hydrocarbons law, forest law, computer law, public and private international law, and land law, except for the internal distribution of land in communities that have legal possession or collective property rights on them;

Others that are reserved by the political Constitution of the State and law jurisdictions ordinary, agri-environmental and other legally recognized.
III. issues of knowledge of rural native indigenous jurisdiction, may not have a knowledge of the ordinary courts, the agro-environmental and other legally recognized jurisdictions.

Article 11. (TERRITORIAL VALIDITY SCOPE). The scope of territorial validity applies to relationships and legal facts that are made, or whose effects are produced within the jurisdiction of an indigenous people originally peasant, provided there are other areas of validity laid down in the political Constitution of the State and in this law.
Article 12. (MANDATORY).
I decisions of the authorities of the peasant indigenous original jurisdiction are mandatory and will be complied with by all persons and authorities.
II. decisions of the authorities of the peasant indigenous original jurisdiction are irrevisables by the ordinary courts, the agro-environmental and other legally recognized.
Chapter IV coordination and cooperation article 13. (COORDINATION).
I. the original peasant indigenous jurisdiction, the ordinary, the agri-environmental and other jurisdictions legally recognized, in the context of legal pluralism, concluded means and efforts to achieve harmonious social coexistence, respect for individual and collective rights and the effective guarantee of access to justice in individual, collective or communal way.
II. coordination between all jurisdictions may be oral or written, with respect for their particularities.
Article 14. (COORDINATION MECHANISMS). Coordination between the authorities in different jurisdictions may be through the:

Establishment of systems of access transparent to information on facts and history of people;

Establishment of spaces for dialogue or other forms, on the implementation of human rights in its resolutions;

Establishment of spaces for dialogue or other forms for the exchange of experiences on the methods of conflict resolution;

Other coordination mechanisms, which may emerge depending on the application of this law.
Article 15. (COOPERATION). Peasant originally indigenous jurisdiction, the ordinary, the agro-environmental and other jurisdictions legally recognized, have the duty to cooperate each other, for the enforcement and realization of their aims and objectives.
I cooperation mechanisms will be developed under conditions of equity, transparency, solidarity, participation and social control, speed, opportunity and free.
II. are mechanisms of cooperation: them authorities jurisdictional and them authorities of the Ministry public, police Bolivian, regime prison u others institutions, must provide immediate cooperation and will provide them background of the case to the authorities of the jurisdiction indigenous originally peasant when these it request;

Peasant originally indigenous jurisdiction authorities shall render cooperation to the authorities of the ordinary courts, the agro-environmental and other legally recognized jurisdictions;

Remission of the information and background of the issues or conflicts between the peasant originally indigenous jurisdiction and other jurisdictions;

Other mechanisms of cooperation, which may emerge depending on the application of this law.
Article 17. (OBLIGATION OF COORDINATION AND COOPERATION). The authorities in all jurisdictions may not omit the duty of coordination and cooperation. This omission will be sanctioned as missing serious disciplinary in the jurisdiction ordinary, the agri-environment and the Special; and in the case of the jurisdiction indigenous native peasant, according to its rules and procedures own.
SOLE FINAL PROVISION. This law will result, publish and disseminate in all languages of the Nations and peoples originally indigenous peasants of the plurinational State of Bolivia.
SOLE REPEAL AND ABROGATION PROVISION. Are repealed and repealed all those provisions legal contrary to the present law.
Refer to the Executive Branch, for constitutional purposes.
Two thousand ten is given in the room of sessions the Assembly Legislative plurinational, on sixteenth day of the month of December of the year.
FDO. Rene Oscar Martinez Callahuanca, Hector Enrique Arce Zaconeta, Andres to. Villca Daza, Clementina Garnica Cruz, Pedro Nuny Hawkeye, Angel David Cortés Villegas.
Therefore, it enacted so that is has and meets as law of the State multinational of Bolivia.
Government Palace of the city of La Paz, twenty-nine days of the month of December of two thousand ten years.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Nilda Copa Condori, Carlos Romero Bonifaz, Zulma Yugar Parraga.