Identifier
Created
Classification
Origin
07LAPAZ1150
2007-04-25 18:30:00
CONFIDENTIAL
Embassy La Paz
Cable title:
NEGATIVE PR MAY BLOCK COMMUNITARIAN JUSTICE
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C O N F I D E N T I A L LA PAZ 001150
SIPDIS
SIPDIS
E.O. 12958: DECL: 03/30/2017
TAGS: ECON PGOV PREL BL
SUBJECT: NEGATIVE PR MAY BLOCK COMMUNITARIAN JUSTICE
PROPOSAL
REF: LA PAZ 18
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
C O N F I D E N T I A L LA PAZ 001150
SIPDIS
SIPDIS
E.O. 12958: DECL: 03/30/2017
TAGS: ECON PGOV PREL BL
SUBJECT: NEGATIVE PR MAY BLOCK COMMUNITARIAN JUSTICE
PROPOSAL
REF: LA PAZ 18
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
1. (C) Summary: On January 1, President Morales proposed a
law to create a formal, legally binding communitarian justice
system (reftel). The Constituent Assembly has yet to debate
the communitarian justice law, but there is already
significant opposition to the proposal. Although the death
penalty is illegal under indigenous law, just as in the
formal justice system, lynchings and other aberrations have
generated heated public criticism of communitarian justice.
As currently formulated, the GOB's proposal contains numerous
fatal flaws and is unlikely to pass the Assembly, at least in
its current form. End summary.
--------------
PARALLEL LEGAL SYSTEM
--------------
2. (U) On January 1, President Morales proposed a law to
create a formal, legally binding communitarian justice system
(reftel). As approximately 62 percent of Bolivians are
indigenous, much of the population proscribes to their own
set of societal standards. In addition, much of the
indigenous population live in remote rural areas where there
is little government presence, leaving indigenous communities
to create and enforce their own laws. Although indigenous
communities were practicing communitarian justice long before
Bolivia's independence, the GOB is just now working to define
the coexistence of the two legal systems.
--------------
ABUSES OF THE SYSTEM
--------------
3. (C) The Constituent Assembly has yet to debate the
proposed communitarian justice law, but there is already
significant opposition to the proposal. Most importantly,
the proposal does not address how abuses under the
communitarian justice system will be handled. The Justice
Ministry's indigenous advisor, Miriam Campos, told poloffs
that reported human rights violations and vigilantism have
created a public outcry against communitarian justice and may
prevent the proposal from passing. In a separate meeting,
Alvaro Guzman, head of the Public Defender's Office, told
poloffs that he was skeptical of the proposed expansion of
communitarian justice. Guzman said that under communitarian
justice, "one's right to a proper defense and appeal is
questionable, and due process is not properly defined." He
thought the proposal would pass, but with many modifications.
4. (U) Although the death penalty is illegal under indigenous
law, just as in the formal system, lynchings and other
aberrations have generated heated public criticism of
communitarian justice. Several lynchings in indigenous
communities, including in El Alto, have received press
attention in recent months. In December, a woman accused of
infidelity was killed in the Potosi Department. In another
community earlier this year, six juveniles were found guilty
of stealing 20 llamas and 100 sheep and were lynched. Two
lynchings took place in El Alto in January, and three more
were attempted between April 10 and 11. Abuses of the
community justice system are nothing new, but increased press
coverage has encouraged the public to speak out against
lynchings in order to expose violations.
5. (C) Comment: The GOB's efforts to integrate indigenous
traditions into the formal justice system have until now been
poorly thought out, and we believe the proposal is unlikely
to pass the Assembly, at least in its current form.
Specifying how human rights violations would be handled would
improve the proposal, but would also place a greater burden
on the GOB to effectively investigate and prevent these
abuses. Several reputable polls have demonstrated that
indigenous and rural communities do not favor a formalized
alternative justice mechanism, as proposed by the GOB, but
rather a government justice system that is present and that
works. In this regard, and is so often the case with this
administration, GOB focus on communitarian justice is
unfortunately a distraction from the real problem: an
absent, antiquated, and ineffective judiciary in need of both
resources and reform. End comment.
GOLDBERG
SIPDIS
SIPDIS
E.O. 12958: DECL: 03/30/2017
TAGS: ECON PGOV PREL BL
SUBJECT: NEGATIVE PR MAY BLOCK COMMUNITARIAN JUSTICE
PROPOSAL
REF: LA PAZ 18
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
1. (C) Summary: On January 1, President Morales proposed a
law to create a formal, legally binding communitarian justice
system (reftel). The Constituent Assembly has yet to debate
the communitarian justice law, but there is already
significant opposition to the proposal. Although the death
penalty is illegal under indigenous law, just as in the
formal justice system, lynchings and other aberrations have
generated heated public criticism of communitarian justice.
As currently formulated, the GOB's proposal contains numerous
fatal flaws and is unlikely to pass the Assembly, at least in
its current form. End summary.
--------------
PARALLEL LEGAL SYSTEM
--------------
2. (U) On January 1, President Morales proposed a law to
create a formal, legally binding communitarian justice system
(reftel). As approximately 62 percent of Bolivians are
indigenous, much of the population proscribes to their own
set of societal standards. In addition, much of the
indigenous population live in remote rural areas where there
is little government presence, leaving indigenous communities
to create and enforce their own laws. Although indigenous
communities were practicing communitarian justice long before
Bolivia's independence, the GOB is just now working to define
the coexistence of the two legal systems.
--------------
ABUSES OF THE SYSTEM
--------------
3. (C) The Constituent Assembly has yet to debate the
proposed communitarian justice law, but there is already
significant opposition to the proposal. Most importantly,
the proposal does not address how abuses under the
communitarian justice system will be handled. The Justice
Ministry's indigenous advisor, Miriam Campos, told poloffs
that reported human rights violations and vigilantism have
created a public outcry against communitarian justice and may
prevent the proposal from passing. In a separate meeting,
Alvaro Guzman, head of the Public Defender's Office, told
poloffs that he was skeptical of the proposed expansion of
communitarian justice. Guzman said that under communitarian
justice, "one's right to a proper defense and appeal is
questionable, and due process is not properly defined." He
thought the proposal would pass, but with many modifications.
4. (U) Although the death penalty is illegal under indigenous
law, just as in the formal system, lynchings and other
aberrations have generated heated public criticism of
communitarian justice. Several lynchings in indigenous
communities, including in El Alto, have received press
attention in recent months. In December, a woman accused of
infidelity was killed in the Potosi Department. In another
community earlier this year, six juveniles were found guilty
of stealing 20 llamas and 100 sheep and were lynched. Two
lynchings took place in El Alto in January, and three more
were attempted between April 10 and 11. Abuses of the
community justice system are nothing new, but increased press
coverage has encouraged the public to speak out against
lynchings in order to expose violations.
5. (C) Comment: The GOB's efforts to integrate indigenous
traditions into the formal justice system have until now been
poorly thought out, and we believe the proposal is unlikely
to pass the Assembly, at least in its current form.
Specifying how human rights violations would be handled would
improve the proposal, but would also place a greater burden
on the GOB to effectively investigate and prevent these
abuses. Several reputable polls have demonstrated that
indigenous and rural communities do not favor a formalized
alternative justice mechanism, as proposed by the GOB, but
rather a government justice system that is present and that
works. In this regard, and is so often the case with this
administration, GOB focus on communitarian justice is
unfortunately a distraction from the real problem: an
absent, antiquated, and ineffective judiciary in need of both
resources and reform. End comment.
GOLDBERG