Madrid, Centre for Political and Constitutional Studies (CEPC), 15 - 16 November 2010
On 15 and 16 November 2010 CITpax held in Madrid the meeting, “Intercultural and Conflict in Latin America: Formulas about the applicability of legal pluralism in Bolivia” to discuss the challenges of reforming the judicial system in Bolivia, as well as to make proposals on the harmonization of the various justices in force in the country.
The new state constitution of Bolivia defined in Article 1 as a “Unitary State Multinational Law Social Community”, which is based on the plurality and legal pluralism.
The new state constitution of Bolivia defined in Article 1 as a “Unitary State Multinational Law Social Community”, which is based on the plurality and legal pluralism. From the first article of the New Constitution arises the idea of legal pluralism, noting this existence within the same territory, a plurality of equally valid legal systems. Similarly, the Constitutional Court takes on a new role as the principal body responsible for resolving conflicts of jurisdiction between the peasant indigenous jurisdiction, general jurisdiction, the agro-environmental and the special jurisdictions, constitutionally recognized. However this recognition has yet to be translated literally into a functional and effective system that allows the administration of justice to be coordinated and effective.
To advance this objective, CITpax gathered about the same table different participants of the Bolivian legal system, such as the Department of Justice of the Indigenous Farmers in Bolivia, the President of the Constitutional Court of Bolivia, the President of the Commission for Plural Justice of Bolivia, lawyers and legal experts in constitutional law both Bolivian and Spanish. They all discussed the appropriateness and sustainability of different systems of justice and efficiency in the peaceful resolution of conflicts within the framework of the guarantees and universal rights.