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Home Archive by category 'Legal Analysis'

Legal Analysis

New Law Mandates Harsh Penalties and Broad Services to Address Violence Against Woman in Bolivia

Written by Jessica Robinson, the Andean Information Network
March 21, 2013

On March 9th, 2013, the Bolivian government passed a new comprehensive and progressive law to combat violence against women.  The law includes preventative measures, wide-ranging services to survivors of abuse, and severe penalties for violence against women.  The law represents a great advance from previous legislation, which did not consider spousal rape a crime and [...]

Wall Street Journal Warps Impact of American’s Arrest in Bolivia

Written by the Andean Information Network
September 6, 2012

The Wall Street Journal’s recent article from August 1st, “Jailed American’s Drug Case Stokes Tension With Bolivia,” fails to acknowledge the many discrepancies in the Ostreicher case, dramatically exaggerates the effect the case has had on Bolivian-US relations, and contrives false connections between Ostreicher’s case and other drug-related cases.  Prolonged pretrial detention and harsh conditions [...]

Prison Detainees in Bolivia: Bad Fruit of a Slow Judiciary System

Written by the Andean Information Network
August 15, 2012

Prison Detainees in Bolivia: Bad Fruit of a Slow Judiciary System On June 3, 2011, the Bolivian antidrug police arrested Jacob Ostreicher, an Orthodox Jew from Brooklyn, New York, for money laundering and involvement with drug trafficking.  Ostreicher, a flooring contractor who had invested in a rice-growing agricultural venture, had come to Santa Cruz to [...]

Ostreicher Case: US-Imposed Legislation Still Dictates Drug Prosecutions

Written by the Andean Information Network
August 9, 2012

Although the case of Jacob Ostreicher, an American accused of money laundering and awaiting trial in Bolivia for over a year, has received recurring attention in the US press and has been taken on by several US members of Congress, it has not been a defining factor in US-Bolivia relations.  First, strong statements about Ostreicher’s [...]

Indigenous Autonomies in Bolivia; Part I: Legal Guidelines and Gaps

Written by Emma Banks, The Andean Information Network
February 3, 2012

Bolivia’s new constitution sets important precedents for indigenous autonomy. Drawing from the 2007 United Nations Declaration on the Rights of Indigenous Peoples, the 2009 Constitution intends to grant greater self-determination to indigenous groups across the country. The 2010 Autonomy and Decentralization Framework Law outlines definitions and procedures for indigenous communities that wish to declare their [...]

Bolivia: New TIPNIS Law Fails to Mollify Protestors and Reflects MAS Divisions

Written by The Andean Information Network
October 14, 2011

On October 13, the Bolivian congress approved a new law to protect the contested TIPNIS indigenous territory and national park, temporary halting construction of the planned highway.  However, TIPNIS marchers, who are expected to arrive in La Paz next week after a two-month march on foot from the lowlands, reject the legislation, particularly because its [...]

Bolivian Judicial Elections Provoke Controversy and Criticism

Written by The Andean Information Network
October 14, 2011

On October 16, Bolivia will hold a popular vote to fill the Supreme Court, the Constitutional Tribunal, the Judiciary Council, and the National Agrarian and Environmental Tribunal.  These elections are part of Bolivian judicial reform, designed to make the judicial system more representative.  While critics of the MAS administration continue to question the politics behind [...]

Pending Bolivian Judicial Elections: Opportunity for Reform in Uncharted Territory

Written by The Andean Information Network
June 25, 2011

The Bolivian judicial system has long required reform.  In 2009, the Morales administration proposed significant restructuring in the new constitution and set a staged timeline for these measures to be enacted. One of the most significant modifications is the implementation of judicial elections, calling for popular vote on October 16, 2011 to fill the Supreme [...]

Bolivian Jurisdictional Law: A Step in the Right Direction, but Requires Further Clarification

Written by Emma Banks, The Andean Information Network
March 28, 2011

On December 29, the Bolivian legislative assembly passed the “Jurisdictional Law,”(Law 73) which recognizes indigenous, first nations’ and campesino judicial authorities, and establishes the jurisdiction of these tribunals versus the central court.  Law 73 helps to clarify which cases and individuals can be tried in alternative judicial systems. Most importantly, the law upholds and clarifies [...]

Conflict and Consensus Part II: Bolivian Anti-Racism and Discrimination Regulations Address Freedom of Press Concerns

Written by Emma Banks, The Andean Information Network
February 4, 2011

This is a follow up to “Conflict and Consensus Part I: The Anti-Racism and Discrimination Law in Bolivia; Content and Justification of the Legislation.” On January 5, three months after the ratification of the “Law against Racism and all Forms of Discrimination,” the Morales administration approved a supreme decree to establish the implementation guidelines mandated [...]

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