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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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. Existing models for indigenous law exist in Canada, the United States, Australia and others. The law must provide clearer guidelines for determining who can be counted as a member of these groups and thereby tried in alternative court systems.
The strengths and weaknesses of the Jurisdictional Law cannot be truly evaluated until its broad jurisdiccilnal. While the law does not explicitly state how indigenous, first nations and campesino territory and jurisdoccional will be defined, existing guidelines and legislation could help clarify these ambiguities.
Ley de deslinde jurisdiccional pdf merge
Although the law legally validates community justice systems, it also bans certain penalties potentially sanctioned within those jurisdictions. The Jurisdictional Law resolves some issues that arose with the passage of the constitution, but may provoke future complications. Article 7 defines this jurisdiction as:. 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.
Of course, this model should also be an essential requirement for departmental and national scope.
As demonstrated by the U. Proponents of the law argued that many reservations are remote and it makes more sense to try first nations people within their own communities, rather than in courts that are hundreds jurisdiccionall miles from home.
Coordination between judicial authorities continues to be a challenge for countries with established indigenous justice systems. 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.
Guidelines cannot satisfy everyone, but the Bolivian Judiciary must further define the framework for proving indigenous, campesino and first nations identity in order to successfully recognize community judicial authorities.
LEY DE DESLINDE JURISDICCIONAL by Lirio Kenia Medina Pérez on Prezi
The Bolivian constitution also forbids any form of the death penalty. This gives tribal jurisdicciojal greater sentencing authority, extending their maximum jail sentence authority from one to three years.
Production and Food Security. Similarly, only the central court system may process, drug, arms, and human trafficking cases. Not all people living within autonomous areas self-identify as part of an indigenous nation or support indigenous autonomy. Anyone who imposes, permits, or enforces the death penalty will be tried for murder in the pre-existing central boliviaa. They reside in a boligia ancestral territory and through their own institutions … [x] However, it is still unclear whether these criteria or other models will determine the boundaries of indigenous legal authority.
For example, let us consider the administration of justice: Territorial claims further complicate determining membership in indigenous, first nations and campesino groups. These stipulations allay concerns that recognizing indigenous and campesino judicial authorities would permit lynching, often misconstrued as part of community justice systems see On Community Justice.
Most importantly, the law upholds and clarifies Bolivian statutes that strictly forbid lynching or any other form of the death penalty. However, the law still contains gray areas drslinde specific mechanisms for legal coordination and cooperation among overlapping jurisdictions and definitions of indigenous identity and territory. The Morales administration clearly identified this recent lynching a crime and demanded a full legal investigation in the central justice system.
While correctly differentiating between the legal practice of community justice and illegal lynching is an ongoing challenge for some Bolivian and international observers, the Clause 5 of Article 5 bans the latter entirely:.
There shall be maintained in accordance with this Act for each band a Band List in. However, these stipulations also obligate federal courts to increase coordination and communication with tribal legal authorities. 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. For example, the U. This alternative model will be an important step toward fortifying the unity of the Plurinational State.