Identifier
Created
Classification
Origin
07LAPAZ18
2007-01-05 12:42:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy La Paz
Cable title:
GOB PROPOSES PARALLEL INDIGENOUS LEGAL SYSTEM
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UNCLAS SECTION 01 OF 02 LA PAZ 000018
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL ECON PHUM BL
SUBJECT: GOB PROPOSES PARALLEL INDIGENOUS LEGAL SYSTEM
REF: LA PAZ 17
-------
Summary
-------
UNCLAS SECTION 01 OF 02 LA PAZ 000018
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL ECON PHUM BL
SUBJECT: GOB PROPOSES PARALLEL INDIGENOUS LEGAL SYSTEM
REF: LA PAZ 17
--------------
Summary
--------------
1. (SBU) On January 1, President Morales proposed a new law
to establish parallel indigenous (referred to as a
"communitarian") legal systems whose authority will be
binding. The GOB's plan calls for communitarian justice to
be obligatory, at "the same level" as the formal legal
system, and without interference from the formal legal
system. The GOB acknowledges 36 indigenous groups
encompassing 4 million people, but the GOB's new plan does
not establish how many communitarian justice systems will be
formed. A form of communitarian law has been legally valid
for members of rural indigenous communities where no state
prosecutors and judges are present since 1999. The GOB's
proposed law requires the approval of both chambers of
Congress. The MAS-controlled lower chamber will likely pass
the GOB's plan, while the opposition-controlled Senate will
almost certainly reject it. End Summary.
2. (U) The GOB's plan calls for communitarian justice to be
obligatory, at "the same level" as the formal legal system,
and without interference from the formal legal system.
Defendants charged with a crime in an indigenous community
will be subject to the community's legal system regardless of
the defendant's origin. However, non-indigenous defendants
will have the option to refer their case to the traditional
justice system. (Note: It is not clear what will happen to
persons of one indigenous group charged with crimes in a
different indigenous community. End Note). Local judicial
authorities will be allowed to organize themselves as they
wish according to their community's traditions. The GOB's
proposal states that communitarian justice sentences will not
exceed those of the formal legal system which excludes the
death penalty.
3. (SBU) The GOB acknowledges 36 indigenous groups
encompassing 4 million people, but the GOB's new plan does
not establish how many communitarian justice systems will be
formed. It is unclear according to the proposed law whether
there will be 36 separate communitarian justice systems, or
if there will countless systems based on individual
communities.
4. (U) A form of communitarian law has been legally valid
for members of rural indigenous communities where no state
prosecutors and judges are present since the revised criminal
procedural code of 1999. Communitarian justice is typically
administered by the leader of an indigenous group, but it can
vary based on the traditions of the community. Communitarian
justice has most commonly been applied in Aymara and Quecha
rural communities. Under the current system, only rural
LA PAZ 00000018 002 OF 002
peoples of the same indigenous community can be subjected to
communitarian law, meaning that urban and non-indigenous
people could not be judged under communitarian law.
5. (U) The GOB's proposed law (called a pre-project)
requires the approval of both chambers of Congress. The GOB
must send the pre-project to one of the two chambers of
Congress. (Note: Congress is currently not in session. End
Note). The chamber that receives the pre-project will be
considered the "chamber of origin" and will be responsible
for fulfilling all of the legislative requirements for
drafting the future law. The chamber of origin can also make
changes to the GOB's proposal and add articles as deemed
necessary. Once the chamber of origin has drafted the future
law, it is sent to the other chamber which is responsible for
reviewing and amending the law. If the reviewing chamber
makes any changes, the proposed law is returned to the
chamber of origin for reconsideration. The reviewing chamber
also has the authority to approve or reject the proposed law.
If the two chambers cannot reach agreement, the proposed law
is held and sent to the subsequent session of Congress (the
2008 Congress).
--------------
Comment
--------------
6. (SBU) The MAS-controlled lower chamber will likely pass
the GOB's plan, while the opposition-controlled Senate will
almost certainly reject it. Communitarian justice raises
significant concerns regarding the potential for human rights
abuses, violations of due process, and increased vigilantism.
End Comment.
GOLDBERG
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL ECON PHUM BL
SUBJECT: GOB PROPOSES PARALLEL INDIGENOUS LEGAL SYSTEM
REF: LA PAZ 17
--------------
Summary
--------------
1. (SBU) On January 1, President Morales proposed a new law
to establish parallel indigenous (referred to as a
"communitarian") legal systems whose authority will be
binding. The GOB's plan calls for communitarian justice to
be obligatory, at "the same level" as the formal legal
system, and without interference from the formal legal
system. The GOB acknowledges 36 indigenous groups
encompassing 4 million people, but the GOB's new plan does
not establish how many communitarian justice systems will be
formed. A form of communitarian law has been legally valid
for members of rural indigenous communities where no state
prosecutors and judges are present since 1999. The GOB's
proposed law requires the approval of both chambers of
Congress. The MAS-controlled lower chamber will likely pass
the GOB's plan, while the opposition-controlled Senate will
almost certainly reject it. End Summary.
2. (U) The GOB's plan calls for communitarian justice to be
obligatory, at "the same level" as the formal legal system,
and without interference from the formal legal system.
Defendants charged with a crime in an indigenous community
will be subject to the community's legal system regardless of
the defendant's origin. However, non-indigenous defendants
will have the option to refer their case to the traditional
justice system. (Note: It is not clear what will happen to
persons of one indigenous group charged with crimes in a
different indigenous community. End Note). Local judicial
authorities will be allowed to organize themselves as they
wish according to their community's traditions. The GOB's
proposal states that communitarian justice sentences will not
exceed those of the formal legal system which excludes the
death penalty.
3. (SBU) The GOB acknowledges 36 indigenous groups
encompassing 4 million people, but the GOB's new plan does
not establish how many communitarian justice systems will be
formed. It is unclear according to the proposed law whether
there will be 36 separate communitarian justice systems, or
if there will countless systems based on individual
communities.
4. (U) A form of communitarian law has been legally valid
for members of rural indigenous communities where no state
prosecutors and judges are present since the revised criminal
procedural code of 1999. Communitarian justice is typically
administered by the leader of an indigenous group, but it can
vary based on the traditions of the community. Communitarian
justice has most commonly been applied in Aymara and Quecha
rural communities. Under the current system, only rural
LA PAZ 00000018 002 OF 002
peoples of the same indigenous community can be subjected to
communitarian law, meaning that urban and non-indigenous
people could not be judged under communitarian law.
5. (U) The GOB's proposed law (called a pre-project)
requires the approval of both chambers of Congress. The GOB
must send the pre-project to one of the two chambers of
Congress. (Note: Congress is currently not in session. End
Note). The chamber that receives the pre-project will be
considered the "chamber of origin" and will be responsible
for fulfilling all of the legislative requirements for
drafting the future law. The chamber of origin can also make
changes to the GOB's proposal and add articles as deemed
necessary. Once the chamber of origin has drafted the future
law, it is sent to the other chamber which is responsible for
reviewing and amending the law. If the reviewing chamber
makes any changes, the proposed law is returned to the
chamber of origin for reconsideration. The reviewing chamber
also has the authority to approve or reject the proposed law.
If the two chambers cannot reach agreement, the proposed law
is held and sent to the subsequent session of Congress (the
2008 Congress).
--------------
Comment
--------------
6. (SBU) The MAS-controlled lower chamber will likely pass
the GOB's plan, while the opposition-controlled Senate will
almost certainly reject it. Communitarian justice raises
significant concerns regarding the potential for human rights
abuses, violations of due process, and increased vigilantism.
End Comment.
GOLDBERG