A/HRC/23/56/Add.1
although the Government had been conducting consultations, there was no systematic
application of the consultation process, and consultations often did not comply with the
standards set by the Convention concerning Indigenous and Tribal Peoples in Independent
Countries (Convention No. 169) of the International Labour Organization. It was noted by
State interlocutors that the practice of conducting a consultative process was still new to
Bolivian society and was thus a “work in progress”.
5.
Indigenous autonomy
51.
The Plurinational State of Bolivia allows for indigenous autonomy and has signed
the United Nations Declaration on the Rights of Indigenous Peoples, and elevated the
Declaration to the status of law by means of Act No. 3760 of 5 November 2007. The new
Constitution grants greater self-determination to indigenous groups and communities.
Framework Law No. 031 on Autonomy and Decentralization Framework, of 19 July 2010
establishes procedures for indigenous communities that wish to declare their autonomy and
set up governmental and social structures based on their own identity, culture, norms and
institutions.
52.
Many indigenous representatives nonetheless expressed their concern and frustration
at the difficulties associated with the implementation of the procedures for access to
indigenous autonomy. They indicated that the process for access to indigenous autonomy
was prohibitively complex, and that more accessible mechanisms should be created.
6.
Indigenous justice system
53.
The adoption of the new Constitution was a significant breakthrough for indigenous
justice. The Constitution recognizes indigenous jurisdiction at the same level as ordinary
jurisdiction, and allows indigenous campesino peoples to administer their own justice on
the basis of their own principles, cultural values, norms and procedures.
54.
According to the Constitution, indigenous jurisdiction has competence to deal with
“cases related to rural native indigenous subjects”, although it does not define its material
and personal scope of application. Law No. 025 on Judicial Authority, adopted in June
2010, determines the new structure of the judicial system. In addition to restructuring the
Bolivian courts and creating a greater number of specialized jurisdictions, it creates an
indigenous justice system, and provides that decisions adopted by indigenous jurisdiction
are binding upon any authority or person (Law No. 025, art. 162). Law No. 073 on
Jurisdiction Boundaries, which determines the scope of native indigenous courts and
coordination and cooperation mechanisms between the indigenous, ordinary and agroenvironmental jurisdictions (art. 5) was adopted on 29 December 2010.
55.
Various interlocutors from indigenous groups pointed out that article 10 of the Law
on Jurisdiction Boundaries had a rather limited scope for indigenous jurisdiction, and that
an increasing number of areas of justice go to the ordinary justice system at the expense of
the indigenous one. Moreover, it was reported that there was a tendency among State
authorities and officials to ignore indigenous authorities elected by indigenous tradition and
that, despite being on an equal footing under the Constitution, in practice ordinary justice is
often considered superior to indigenous justice.
7.
Land issues and the exploitation of natural resources in indigenous territories
56.
The Constitution of 2009 contains important provisions on the distribution and
ownership of land, the rights of native indigenous campesino peoples to share in the
benefits of the exploitation of natural resources in indigenous territories and the right to
consultation. During the visit, various interlocutors informed the Special Rapporteur about
existing challenges and the issues relating to the access to and tenure of land, the
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