LEY DE DESLINDE JURISDICCIONAL DE BOLIVIA PDF
Transcript of LEY DE DESLINDE JURISDICCIONAL. La incorporación de cambios trascendentales en Bolivia. La Asamblea Constituyente. BOLIVIA. Bolivia. 3. Históricamente, Bolivia se ha construido a partir de la exclusión de conformidad a lo establecido en una ley de Deslinde Jurisdiccional. Constitucion de tutions/Bolivia/ boliviahtml. —. Ley de Deslinde jurisdiccional. Ley N3 , December
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There shall be maintained in accordance with this Act for each band a Band List in. For example, let us consider the administration of justice: For example, community justice authorities cannot try terrorism cases because these are considered a threat to national security. For example, the U. Territorial claims further complicate determining membership in indigenous, first nations and campesino groups.
Coordination between judicial authorities continues to be a challenge for countries with established indigenous justice systems.
The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad implementation. Anyone who imposes, permits, or enforces the death penalty will be tried for murder in the pre-existing central court. Untilnative women who married a non-aboriginal man would lose their status and band rights, while men who married a non-aboriginal woman would maintain it.
Bolivian Jurisdictional Law: A Step in the Right Direction, but Requires Further Clarification
Indigenous courts can only hear cases when infractions occur within their own territories, when the parties involved belong to the group in question, and when the legal matter violates a traditional and historical community justice norm. Article 7 defines this jurisdiction as:. The judicial branch, indigenous authorities and legislators must work to establish clear guidelines in order to smoothly implement and establish these laws.
Moreover, many indigenous people live in integrated, urban environments.
Deslidne demonstrated by the U. While the law does not explicitly state how indigenous, first nations and campesino territory and identity will be defined, existing guidelines and legislation could help clarify these ambiguities.
However, these stipulations also obligate federal courts to increase coordination and communication with tribal legal authorities. Similarly, only the central court system may process, drug, arms, and human trafficking cases.
Bolivia aprobó una peligrosa ley de justicia indígena – Infobae
This gives tribal courts greater sentencing authority, extending their maximum jail sentence authority dealinde one to three years. While the law outlines mechanisms such as information sharing and advisory committees, it is still unclear who will oversee these institutions and processes or the timeframe for implementation. The law jurisdiccionak provide clearer guidelines for determining who can be counted as a member of these groups and thereby tried in alternative court systems.
Not all people living within autonomous areas self-identify as part of an indigenous nation or support indigenous autonomy.
Articles 5 and 6 of emphasize that all rulings must follow national and international ee rights laws and accords, as well as the national constitution. Media and members of the political opposition have further this confusion. As a result, the legislative process still has a long way to go to clearly define most of the national laws passed in the preceding year.
However, the law still contains gray areas about specific mechanisms re legal coordination and cooperation among overlapping jurisdictions and definitions of indigenous identity and territory.
The Bolivian constitution also forbids any form of the death penalty.
Follow-up guidelines or legislation for the Jurisdictional Law are crucial to clarify these issues and avoid future conflicts. Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty.
Bolivia aprobó una peligrosa ley de justicia indígena
Existing models for indigenous law exist in Canada, the United States, Australia and others. However, thus far there is no indication of when any follow-up guidelines might be released, nor does the text of the law stipulate the need for such regulations.
The question deslindr indigenous identity has always been complicated in Bolivia and this law may increase tension over this issue. Of course, this model should also be an essential requirement for departmental and national scope. The Jurisdictional Law resolves some issues that arose with the passage of the constitution, but may provoke future judisdiccional.
Prohibited punishments include land confiscation from senior citizens or physically handicapped individuals, and violence against children or women. As a result, the jurisdictional law strictly sanctions murder and considers the death penalty a criminal act:.
The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system.