Law Of Jurisdictional Demarcation

Original Language Title: LEY DE DESLINDE JURISDICCIONAL

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LAW 073

LAW OF DECEMBER 29, 2010

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, has sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

JURISDICTIONAL LAW

CHAPTER I

PROVISIONS GENERALS

Article 1. (OBJECT). This Law is intended to regulate the areas of validity, laid down in the

Political Constitution of the State, between the indigenous native jurisdiction and the other constitutionally recognized jurisdictions; and determine the mechanisms for coordination and cooperation between these jurisdictions, in the framework of legal pluralism.

Article 2. (CONSTITUTIONAL FRAMEWORK).

I. Given the pre-colonial existence of indigenous peoples and indigenous peoples and their ancestral domain over their

territories, their free determination is guaranteed within the framework of the unity of the State, which consists in their right to autonomy, self-government, culture, recognition of its institutions and the consolidation of its territorial entities.

II. This Law is based on the Constitution of the State, Law No. 1257 that ratifies the Convention 169 of the

International Labour Organization, Law No. 3897 of 26 June 2008, which raises the United Nations Declaration on the Rights of Indigenous Peoples and other instruments to the law.

International Human Rights applicable.

Article 3. (HIERARCHICAL EQUALITY). The judicial function is unique. The original indigenous jurisdiction

enjoys equal hierarchy as the ordinary jurisdiction, the agri-environmental jurisdiction and other legally recognized jurisdictions.

Article 4. (PRINCIPLES). The principles governing this Law are:

to the unity and integrity of the Plurinational State. The exercise of constitutionally recognized jurisdictions, in the framework of legal pluralism, aims to preserve the unity and territorial integrity of the Plurinational State;

Spiritual relationship between indigenous peoples and indigenous peoples and Mother Earth. Indigenous nations and indigenous peoples have the right to maintain and strengthen their own spiritual relationship with their lands and territories that they have traditionally owned, occupied, or used and assume responsibilities for generations to come.

In the framework of their cosmovisions, indigenous peoples and nations of indigenous origin maintain a harmonious, complementary and respectful relationship with Mother Earth;

Diversity cultural diversity constitutes the essential basis of the State Community Plurinational. All constitutionally recognized jurisdictions must respect different cultural identities;

Intercultural interpretation. At the time of administering and imparting justice, the authorities of the various constitutionally recognized jurisdictions must take into account the different cultural identities of the Multi-National State;

Pluralism legal with hierarchical equality. The coexistence, coexistence and independence of the different legal systems, within the Plurinational State, on equal hierarchy, is respected and guaranteed;

complementarity. involves the concurrence of efforts and initiatives from all constitutionally recognized jurisdictions;

Independence. No authority in one jurisdiction may have interference over another jurisdiction;

Equity and gender equality. All jurisdictions recognized constitutionally, respect, promote, protect and guarantee equality between men and women, in access to justice, access to positions or functions, in decision-making, in the development of judging procedure and applying sanctions;

Equal opportunities. All jurisdictions ensure that girls, boys and girls, young people, older adults and persons in a disability situation have the same opportunities to access the exercise of their social, economic, civil and social rights.

CHAPTER II

FUNDAMENTAL RIGHTS

AND CONSTITUTIONAL GUARANTEES

Article 5. (RESPECT FOR FUNDAMENTAL RIGHTS AND GUARANTEES

CONSTITUTIONAL).

All constitutionally recognized jurisdictions respect and promote the right to life, and the other rights and guarantees recognized by the Constitution of the State.

All jurisdictions They are constitutionally respected and guarantee the exercise of women's rights, their participation, decision, presence and permanence, both in equal and fair access to the posts and in the control, decision and participation in the administration of justice.

The authorities of the indigenous indigenous jurisdiction will not punish with the loss of land or the expulsion of the elderly and the elderly or persons in a situation of disability, due to the failure of communal duties,

All constitutionally recognized jurisdictions prohibit and sanction all forms of violence against girls, boys, girls, and women. Any conciliation on this issue is illegal.

The lynching is a violation of human rights, it is not allowed in any jurisdiction and must 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, the death penalty under criminal proceedings in ordinary justice for the crime of murder to the person who imposes it, consents or executes it is strictly prohibited.

CHAPTER III

JURISDICTION AREAS OF JURISDICTION

INDIGENOUS NATIVE PEASANT

Article 7. (INDIGENOUS NATIVE JURISDICTION). It is the power that the nations have

and indigenous peoples originating peasants to administer justice according to their own justice system and are exercised through their authorities, in the the framework of the Constitution of the State and the present Law.

Article 8. (AREAS OF VALIDITY). Native indigenous jurisdiction is exercised in the fields

of personal, material and territorial validity, when they are simultaneously present.

Article 9. (PERSONAL LIFE SCOPE).

Peasant members of the respective indigenous nation or indigenous people are subject to the original indigenous jurisdiction.

Article 10. (SCOPE OF MATERIAL VALIDITY).

The indigenous indigenous peasant jurisdiction knows the issues or conflicts that historically and traditionally met under its rules, current procedures and knowledge, according to its free determination.

The material scope of indigenous native jurisdiction does not reach the following subjects:

In criminal matters, crimes against international law, crimes for crimes against humanity, crimes against humanity, crimes against internal and external security of the State, terrorist offences, tax and customs crimes, crimes for corruption or any other crime whose victim is the State, trafficking and trafficking, arms trafficking, and drug trafficking. Crimes committed against the bodily integrity of children, girls and adolescents, crimes of rape, murder or homicide;

In civil matters, any process in which the State is a party or third party of its central, decentralized, deconcentrated, autonomic administration and related to the right owner;

Labour Law, Social Security Law, Tax Law, Administrative Law, Mining Law, Law of Hydrocarbons, Forestry Law, Information Law, Law Public and private international, and Agrarian Law, except for the internal distribution of land in communities that have legal ownership or collective ownership rights over them;

Other that are reserved by the Constitution State policy and the law to the ordinary, agroenvironmental and other legally recognized jurisdictions.

III. The matters of knowledge of the indigenous native jurisdiction, shall not be of knowledge of the

ordinary jurisdiction, agri-environment and other jurisdictions legally recognized.

Article 11. (TERRITORIAL SCOPE)The scope of territorial validity applies to relations and legal acts that are carried out or whose effects occur within the jurisdiction of an indigenous peasant indigenous people, provided that The other areas of validity established in the Constitution of the State and in this Law are met.

Article 12. (COMPULSORY).

I. The decisions of the indigenous indigenous peasant jurisdiction are mandatory and

will be adhered to by all persons and authorities.

II. The decisions of the authorities of the Indigenous native peasant jurisdiction is irreviewable by the jurisdiction

ordinary, the agroenvironmental and the other legally recognized.

CHAPTER IV

COORDINATION AND COOPERATION

Article 13. (COORDINATION).

I. The indigenous native jurisdiction, the ordinary, the agri-environment and the other legally

jurisdictions recognized, in the framework of legal pluralism, will concern means and efforts to achieve the harmonious social coexistence, respect for individual and collective rights and the effective guarantee of access to justice on an individual, collective or community basis.

II. Coordination between all jurisdictions may be be performed orally or in writing, respecting their particularities.

Article 14. (COORDINATION MECHANISMS). The coordination between the authorities of the different

jurisdictions can be through the:

Setting up transparent access systems to information about facts and people's history;

Setting up spaces for dialogue or other forms, on the application of human rights in their resolutions;

Setting up dialog spaces or other ways to exchange experiences on conflict resolution methods;

Other coordination mechanisms, which can emerge based on the application of the Present Law.

Article 15. (COOPERATION). The indigenous native jurisdiction of peasant, ordinary, agroenvironmental and

other legally recognized jurisdictions, have the duty to cooperate with each other, for the fulfillment and realization of their ends and objectives.

Article 16. (COOPERATION MECHANISMS).

I. The cooperation mechanisms will be developed in conditions of equity, transparency, solidarity, participation and social control, speed, opportunity and gratuitousness.

II. They are mechanisms of cooperation:

judicial authorities and the authorities of the Public Ministry, Bolivian Police, Prison Regime or other institutions, should provide immediate cooperation and provide the background of the case to the authorities of the jurisdiction indigenous native peasant when requested;

The authorities of the indigenous indigenous jurisdiction shall cooperate with the authorities of the ordinary jurisdiction, the agroenvironment and the other legally recognized jurisdictions;

The referral of the information and background to the issues or conflicts between indigenous indigenous jurisdiction and other jurisdictions;

Other cooperation mechanisms, which may emerge in the light of the application of this Law.

Article 17. (OBLIGATION OF COORDINATION AND COOPERATION). The authorities of all

jurisdictions will not be able to omit the duty of coordination and cooperation. This omission will be sanctioned as a serious lack of discipline in the ordinary jurisdiction, the agri-environment and the special ones; and in the case of the indigenous native peasant jurisdiction, according to its own rules and procedures.

FINAL DISPOSITION

ONLY. This Law will be translated, published, and disseminated in all languages of the nations and peoples

indigenous native peasants of the Plurinational State of Bolivia.

REPEAL AND ABROGATORY

ONLY. All legal provisions contrary to this Law are repealed and abrogated.

Remit to the Executive Body, for constitutional purposes.

Is given in the Session Room of the Legislative Assembly Plurinational, at the sixteen days of the month of December

of the year two thousand ten.

Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina

Garnica Cruz, Pedro Nuny Caity, Ángel David Cortés Villegas.

Therefore, it is enacted so that it has and complies with the law of the State. Plurinational of Bolivia.

Palace of Government of the city of La Paz, at the 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.