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DE RUEHLP #0018/01 0051242
ZNR UUUUU ZZH
P 051242Z JAN 07 ZDK
FM AMEMBASSY LA PAZ
TO RUEHC/SECSTATE WASHDC PRIORITY 1962
INFO RUEHAC/AMEMBASSY ASUNCION 6422
RUEHRL/AMEMBASSY BERLIN 0113
RUEHBO/AMEMBASSY BOGOTA 3743
RUEHBR/AMEMBASSY BRASILIA 7617
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RUEHME/AMEMBASSY MEXICO 2000
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RUEHRG/AMCONSUL RECIFE 0028
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RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHUB/USINT HAVANA 0052
RUEHBS/USEU BRUSSELS
RHEHNSC/NSC WASHINGTON DC
RHMFIUU/HQ USSOUTHCOM MIAMI FL

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 
 
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Summary 
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¶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). 
 
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Comment 
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¶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