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law no 045
LAW OF OCTOBER 8, 2010
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECCRETA:
LAW AGAINST RACISM AND ALL FORMS OF DISCRIMINATION
CHAPTER I GENERAL PROVISIONS
Article 1. (OBJECTIVE AND OBJECTIVES).
I. This Law aims to establish mechanisms and procedures for the prevention and punishment of acts of racism and all forms of discrimination within the framework of the Constitution of the State and International Treaties.
II. This Law aims to eliminate the conduct of racism and all forms of discrimination and to consolidate public policies for the protection and prevention of crimes of racism and all forms of discrimination.
Article 2. (GENERAL PRINCIPLES). This Law is governed by the principles of:
Interculturality. Understood as the interaction between cultures, which is constituted as an instrument for cohesion and harmonious and balanced coexistence between all peoples and nations for building equality and equity in a respectful way.
Equality. All human beings are born free and equal in dignity and right. The State will promote the conditions necessary to achieve real and effective equality by adopting measures and policies of affirmative and/or differentiated action that value diversity, with the objective of achieving equity and social justice, guaranteeing a level playing field for the enjoyment and exercise of the rights, freedoms and guarantees recognized in the Constitution of the State, national laws and international human rights law.
Equity. Understood as recognition of the difference and equitable social value of people to achieve social justice and the full exercise of civil, political, economic, social and cultural rights.
Protection. All human beings have the right to equal protection against racism and all forms of discrimination, in an effective and timely manner in administrative and/or jurisdictional headquarters, involving a fair and adequate repair or satisfaction. any damage suffered as a result of the racist and/or discriminatory act.
Article 3. (SCOPE AND SCOPE). This Law shall apply throughout the national territory and in the places under its jurisdiction.
Does not recognize immunity, jurisdiction or privilege and applies to:
All Bolivians and Bolivians of origin or nationalized and to every shelf and inhabitant in national territory that is under the jurisdiction of the State.
Authorities, servers and former public servants of the Executive organs, Legislative, Judicial and Electoral of the Plurinational State of Bolivia, its entities and institutions from the central, decentralized or deconcentrated level and from the autonomous, departmental, municipal, regional and indigenous territorial entities originating in peasant farmers.
Public Ministry, State Attorney General, Defensoria of the People, Universities, Bolivian Police, Armed Forces and all state structure entities.
Legal private persons, national or foreign non-governmental institutions through their representatives.
Social organizations and social control mechanisms.
Bilateral, multilateral and special diplomatic missions exercising functions on Bolivian territory, according to international law standards.
Article 4. (OBSERVATION). The national, departmental, regional, municipal and indigenous authorities of peasant or any hierarchy shall observe this Law, in accordance with the Constitution of the State and rules and instruments International human rights, anti-racism and all forms of discrimination, ratified by the Plurinational State of Bolivia.
Article 5. (DEFINITIONS). For the purposes of application and interpretation of this Law, the following definitions are adopted:
Discrimination. Is defined as? discrimination? any form of distinction, exclusion, restriction or preference based on sex, colour, age, sexual orientation and identity of genders, origin, culture, nationality, citizenship, language, religious creed, ideology, political affiliation or philosophical, marital status, economic, social or health status, occupation, occupation or office, degree of instruction, different abilities and/or physical, intellectual or sensory disability, state of pregnancy, provenance, physical appearance, clothing, last name or other that has the objective or the result of an annular or impaired result the recognition, enjoyment or exercise, in conditions of equality, of human rights and fundamental freedoms recognized by the Political Constitution of the State and international law. Affirmative action measures will not be considered discrimination.
Racial Discrimination. Is it understood by? racial discrimination? to any distinction, exclusion, restriction or preference based on race or colour, ancestry or national or ethnic origin which has as its object or as a result to annul or impair, directly or indirectly, recognition, enjoyment or exercise, under conditions of equality, of the human rights and fundamental freedoms recognized in the Constitution of the State and the international norms of Human Rights, in the political, economic, social, cultural or in any other sphere of public and/or private life.
Racism. Is it considered? racism? to any theory aimed at the assessment of biological and/or cultural differences, real or imaginary for the benefit of one group and to the detriment of the other, in order to justify an aggression and a system of domination that presumes the superiority of a group on another.
Race. The? race? is a socially constructed notion, developed throughout history as a set of prejudices that distorts ideas about human differences and group behavior. Used to assign some groups a lower status and others a higher status that gave them access to privilege, power and wealth. Any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous and nothing in theory or practice can justify racial discrimination.
Equity. It is the recognition and assessment of the physical and biological differences of women and men, in order to achieve social justice and equal opportunities that guarantee the full benefit of their rights without prejudice to their sex in the Social, economic, political, cultural and family life.
Generational Equity. It is the recognition and assessment of the generational differences of women and men, in order to achieve social justice that ensure the full benefit of their rights without prejudice to their age in the areas of life social, economic, political, cultural, and family.
Homophobia. Refers to dislike, hatred, prejudice, or discrimination against gay men or women, other people who integrate with diversity are also included. sexual.
Transphobia. It is understood as discrimination towards transsexuality and transgender or transgender people, based on their gender identity.
Xenophobia. It is understood as hatred and rejection of the foreign or foreign, with demonstrations ranging from rejection more or less manifest, contempt and threats, to aggression and various forms of violence.
Misy. It is understood by misogyny any conduct or behavior of overt hatred towards women or women, regardless of the age, origin and/or degree of instruction that they achieve or intend to directly or indirectly violate the rights Humans and the principles of this Law.
Affirmative action. It is understood as affirmative action those measures and policies of a temporary nature adopted in favour of sectors of the population at a disadvantage and who suffer discrimination in the exercise and the effective enjoyment of the rights recognized in the Political Constitution of the State and in international instruments. They are an instrument to overcome obstacles that prevent real equality.
Preventive Action. These are public measures translated into awareness campaigns, education and dissemination of human rights protections against discrimination and any form of manifestation.
Corrective Action. The effective imposition of punitive or disciplinary measures against offenders, monitoring their implementation and the results obtained.
CHAPTER II
OF THE PREVENTION AND EDUCATION MEASURES, AIMED AT ERADICATE RACISM AND ALL FORMS OF DISCRIMINATION
Article 6. (PREVENTION AND EDUCATION). It is the duty of the Plurinational State of Bolivia to define and adopt a public policy of prevention and fight against racism and all forms of discrimination, with a gender and generational perspective, of application at all territorial levels National, departmental and municipal, containing the following actions:
In the field of education:
Promote the design and implementation of institutional policies for the prevention and fight against racism and discrimination in the Universities, National Higher National Institutes and Private, National Educational System at preschool, primary and secondary levels.
Design and implement educational, cultural, communication and intercultural dialogue policies that attack the structural causes of the racism and all forms of discrimination; to recognize and respect the benefits of diversity and plurinationality and to include in their contents the history and rights of indigenous peoples and peoples originating in peasants and the people
Promote the implementation of training processes and education in human rights and values, both in formal and non-formal education programs, appropriate at all levels of the educational process, based on the principles outlined in this Law, to modify attitudes and behaviour based on racism and discrimination; promoting respect for diversity; and countering sexism, prejudice, stereotypes and any practice of racism and/or discrimination.
In the realm of public administration.
Train the public administration servers and servers on the prevention, sanction, and elimination of racism and all forms of discrimination.
Managing and supporting the curricular inclusion of prevention against racism and discrimination in the Military and Police Institutes.
Promoting institutional policies for the prevention and control of racism and discrimination in the education, health and other systems of provision of public services, including.
Adoption of procedures or protocols for the attention of specific populations.
Promoting ethics and good treatment in the attention of the citizenry.
Ensure that the political and legal systems reflect the plurinationality of the Bolivian State in the framework of human rights.
Promote the recognition of national heroes and heroines belonging to the nations indigenous peoples originating in the peasants, the Afro-olivian people and communities intercultural.
In the field of communication, information and dissemination.
The State should promote the production and dissemination of statistical data, on racism and all forms of discrimination in order to eliminate social inequalities.
Promote the conduct of research and studies quantitative and qualitative, on racism and all forms of discrimination, as well as the effects of these phenomena on their victims, in order to define policies and programs aimed at combating them.
The media public and private must be provided with internal mechanisms to guarantee the elimination of racism and all forms of discrimination, in relation to its responsibility to generate public opinion in accordance with the Constitution of the State.
Dispose that the media, radio, television, written and new information and communication technologies, such as the Internet, remove racist, xenophobic and other discriminatory content, languages, expressions and manifestations from their programming, languages, expressions and manifestations.
Spread the content of the This law; national and international instruments against the racism and all forms of discrimination; and public policies related to the issue.
Media must support measures and actions against racism and all forms of discrimination.
The State will promote social inclusion through the execution of public and private investments, to generate opportunities and the eradication of poverty, especially geared towards the most vulnerable sectors.
CHAPTER III
OF THE NATIONAL ANTI-RACISM COMMITTEE
AND ALL FORM OF DISCRIMINATION
Article 7. National Committee against Racism and all Forms of Discrimination, which is responsible for promoting, designing and implementing comprehensive policies and regulations against racism and all forms of discrimination, is created.
The National Committee Against Racism Racism and all forms of Discrimination will be under the guidance of the Ministry of Cultures through the Viceministerium of Decolonization.
The Committee will be made up of two committees:
Commission to Fight Racism.
Anti-Discrimination Commission.
The The operation of both commissions will be carried out by the Directorate-General for Combating Racism and all forms of Discrimination, from the Vice-Ministry of Decolonization, which is dependent on the Ministry of Cultures.
Article 8. (MEMBERS OF THE COMMITTEE AGAINST RACISM AND ALL FORMS OF DISCRIMINATION).
For the purposes of this Law, the Committee against Racism and all forms of Discrimination will be made up of:
Public institutions: 1. Executive Body: Ministry of Cultures, Ministry of the Presidency, Ministry of Justice, Ministry of Government, Ministry of Education, Ministry of Economy and Public Finance, Ministry of Development Planning and Ministry of Defense; 2. Judicial Branch; 3. Electoral Body; 4. Legislative Body: Human Rights Commission of the Chamber of Deputies; 5. Departmental Autonomous Governments; 6. Municipal Autonomous Governments; 7. Indigenous Indigenous Autonomies.
social Organizations.
indigenous Peasant Organizations.
Intercultural Communities and Afro-Colombian Communities.
Women's rights organizations, youth, children and adolescents, people with disabilities and vulnerable sectors of society.
Other institutions and/or human rights organizations and civil society organizations.
II. The Office of the High Commissioner for Human Rights of Bolivia and the Ombudsman's Office as organs
observers and technical accompaniment.
III. The members of the Committee, for these functions, will not receive salary
Vice-Ministry of Decolonization may hire technical, professional or non-professional personnel to support the operation of the National Committee against Racism and all forms of
V. The commissions: (a) to combat racism and b) fight against all forms of discrimination, will be made up of the committee delegates, according to an internal regulation.
Article 9. (FROM THE COMMITTEE ' S FUNTIONS). The Committee against Racism and all forms of Discrimination will have the main tasks:
To direct the elaboration of a Diagnostic and a National Plan of Action against Racism and all forms of Discrimination, on the basis of the guidelines proposed in Article 6 of this Law.
Promote, develop and implement public policies for the prevention and fight against racism and all forms of discrimination.
To protect respect for equality and non-discrimination in public policy proposals and bills.
Track, evaluate and monitor the implementation of current public policies and regulations against racism and all forms of discrimination.
Velar because the Internal Staff Regulations, Regulations disciplinary or other within the Public Administration, Bolivian Police and Armed Forces, including as a cause of internal process, misconduct concerning racism and all forms of discrimination, in accordance with this Law.
Promote in all public entities, the creation of prevention instances against racism and all forms of discrimination, as well as the reception of complaints and the impulse of administrative processes to their conclusion, according to a regulation.
Promote the formation of Commissions and Committees against Racism and all form of Discrimination, with the purpose of implementing prevention measures in the framework of the autonomies.
Promote the public recognition of natural and/or legal persons and/or legal entities that have stood out for their work against racial discrimination or all forms of discrimination.
Promote the recognition of Bolivian and Bolivian heroes and heroines, belonging to the indigenous peoples of indigenous peoples, the Afro-Bolivian people and the intercultural communities.
Article 10. (REGISTRATION AND MONITORING OF ADMINISTRATIVE AND JUDICIAL PROCESSES FOR RACISM AND ALL FORMS OF DISCRIMINATION). For the purposes of registration and follow-up, the National Committee Against Racism and all forms of Discrimination; the Ministry of Cultures through of the Vice-Ministry of Decolonization, will systematize and produce information about the administrative and judicial processes initiated because of racism and all forms of discrimination.
Article 11. (BUDGET). The Treasury General of the Nation will grant the necessary economic resources annually to the Ministry of Cultures for the fulfillment of the functions outlined in this Law.
CHAPTER IV
COMPETENT AUTHORITIES PROTECTION OF VICTIMS OF RACISM AND ALL FORMS OF DISCRIMINATION
Article 12. (COMPETENT INSTANCES). People who have suffered acts of racism or discrimination may opt for constitutional, administrative or disciplinary and/or criminal law, as appropriate.
Article 13. (ADMINISTRATIVE OR DISCIPLINARY PROCEDURE IN PUBLIC INSTITUTIONS).
Constitute faults in the exercise of the public function, the following conduct:
Verbal assaults founded on racist and/or discriminatory motives,
Denial of access to the service for racist and/or discriminatory,
Physical, psychological and sexual maltreatment for racist and discriminatory reasons, which does not constitute a crime.
Whenever these faults are committed in the exercise of duties, in the relationship between or with the and service users.
The racist and/or (b) discriminatory to those referred to in the preceding paragraph, described in Articles 281 Bis and 281 Ter of the Criminal Code.
The public institution may provide that the server or the server, the infringer is subject to psychological treatment, the costs of which will be borne by the institution itself.
All public institutions must amend their Internal Staff Regulations, Disciplinary Regulations or other relevant regulations, so that the faults described in paragraph I of this Article are included as causal
In the event that in the administrative or internal process, the existence of criminal liability is determined, the public institution will have to refer the case The Public Ministry.
Acts of racism and all forms of discrimination that constitute faults committed by servants and public servants will be denounced to the same institution to which they belong, in order to apply the
administrative or disciplinary sanctions.
The public institution that is aware of complaints about racism and all forms of discrimination will have to send copies of the same to the Directorate-General for Combating Racism. Racism and all forms of Discrimination of the Deputy Minister of Decolonization, of the Ministry of Cultures, for purposes of registration and follow-up.
The complainant or the complainant may send a copy of the complaint against the servant or public servant, to the Ministry of Cultures for registration and monitoring purposes.
Article 14. (PRIVATE INSTITUTIONS).
All private institutions shall adopt or amend their Internal Regulations in such a way as to include as faults, racist and/or discriminatory conduct such as:
a) Verbal assaults for racist and/or discriminatory,
b) Denial of access to the service for racist and/or discriminatory reasons,
c) Physical, psychological and sexual maltreatment for racist and discriminatory reasons, which does not constitute a crime,
d) denigrating actions.
The racist and/or Discriminatory to those referred to in the preceding paragraph, are described in Articles 281 Bis and 281 Ter of the Criminal Code.
In the event of any evidence of criminal liability, it should be referred to the Public Ministry.
The private institution that is aware of complaints about racism and all forms of discrimination against its employees, must forward a copy of them to the Directorate-General for Combating Racism and all forms of Discrimination of the Viceministerium of Decolonization, of the Ministry of Cultures, for purposes
Article 15. (PROHIBITION OF RESTRICTING ACCESS TO PUBLIC PREMISES).Any restriction of entry and placing of posters for this purpose, premises or facilities of care, service or entertainment open to the public, under the closure sanction for three days in the first time, shall be prohibited. Thirty days in the second and final in the third. Saving those bans provided by law that protect rights or
for activities that are not directed to the general public for their content.
This measure will be applied by the Municipal Autonomous Governments according to special regulations, who will have to verify the of the complaint.
The obligation to display posters in the entrance to public and private establishments of attention, service or entertainment open to the public is declared, in a visible form the following text:? All people are equal before the Law? In case of illegally restricting access to public premises, you may file your complaint with the Municipal Autonomous Governments.
Article 16. (MASS MEDIA).The media that will authorize and publish racist and discriminatory ideas will be liable for economic sanctions and suspension of operating license, subject to regulation.
Article 17. (OBLIGATION TO REPORT). The person who, in the exercise of the public function, knows acts of racism and all forms of discrimination, is under the obligation to report to the authorities concerned; if he does not do so, he shall be liable to the sanction provided for in Article 178 of the Penal Code.
Article 18. (PROTECTION OF VICTIMS, WITNESSES AND COMPLAINANTS). The State shall ensure the physical and psychological security of victims, witnesses and complainants of crimes of racism and all forms of discrimination.
Article 19. (ALTERNATIVE OUTLETS). According to Article 26 of the Code of Criminal Procedure, the Public Ministry will seek in the framework of legality the solution of the criminal conflict, through the application of alternative solutions. provided by law.
Article 20. (FALSE OR RECKLESS COMPLAINT). The person who knowingly will charge or report as an author or author, or participate in a crime of racism or any form of discrimination against a person who did not commit it, giving rise to the initiation of criminal proceedings
CHAPTER V
CRIMES AGAINST HUMAN DIGNITY
ARTICLE 21. (DELITOS). It is incorporated in Chapter II, Title III of the Criminal Code First Book, the following provision:
Article 40 Bis.-(General Tax). a criminal offence under the Special Part of this Code and other supplementary criminal laws, where they have been committed for racist and/or discriminatory reasons described in Articles 281 a and 281 of this Code. In no case will the penalty be allowed to exceed the maximum established by the Political Constitution of the State.?
Article 22. Title VIII of the Second Book of the Criminal Code is amended, the text of which will be worded as follows:
Crimes Against Life, Integrity and Dignity of the Human Being?.
Article 23. Is incorporated into Title VIII of the Second Book of the Criminal Code, the ? Chapter V? called :? Crimes against Dignity of the Human Being?, the same one that will understand the following provisions:
Article 281 bis.-(Racism).
The person who arbitrarily and illegally restricts, abates, disclaims or prevents the exercise of individual or collective rights for reasons of race, national or ethnic origin, color, ancestry, membership of nations and peoples indigenous peasants or the Afro-oliviano people or use of their own clothing or language, will be sanctioned with a custodial sentence of three to seven years.
The penalty will be aggravated by one-third the minimum and in one half the maximum when:
The fact is committed by a server or public servant or public authority.
The fact is committed by a particular person in the provision of a public service.
The fact is committed with violence.
Article 281 ter.-(Discrimination).
The person who arbitrarily and illegally obstructs, restricts, undermines, prevents or nullifes the exercise of individual and collective rights, for reasons of sex, age, gender, sexual orientation and gender identity, identity cultural, family affiliation, nationality, citizenship, language, religious creed, ideology, political or philosophical opinion, marital status, economic or social condition, disease, type of occupation, degree of instruction, different abilities or physical, intellectual or sensory disability, pregnancy status, regional provenance, physical appearance and clothing, will be sanctioned with a custodial sentence of one to five years.
I. The penalty will be aggravated by one-third the minimum and one-half the maximum when:
made by a public servant or public servant or public authority.
The fact is committed by a particular person in the provision of a public service.
The fact is committed with violence.
Article 281 c.-(Dissemination and Incitation to Racism or Discrimination).
The person who by any means spreads ideas based on superiority or racial hatred, or who promotes and/or justifies racism or all forms of discrimination, for the reasons described in Articles 281 bis and 281 ter, or incite violence, or persecution, of persons or groups of persons, founded on racist or discriminatory grounds, shall be punished with the custodial sentence of one to five years.
The sanction shall be aggravated by one third of the at least one half of the maximum, when the event is committed by a server or server public, or public authority.
When the event is committed by a worker or a worker of a social media outlet, or owner of it, no immunity or immunity may be alleged.
Article 281 septieser.-(Racist or discriminatory organizations or associations
The person participating in an organization or association that promotes and/or justifies the racism or discrimination described in Articles 281 bis and 281 ter or incite hatred, violence or persecution of persons or groups of persons founded on racist or discriminatory grounds, will be punished with a custodial sentence of one to four years.
The penalty will be aggravated by one-third the minimum and in one half the maximum, when the event is committed by a server or public servant or public authority.
Article 281 octies.-(Insults and other verbal assaults for racist or discriminatory reasons
verbal, for racist or discriminatory reasons described in Articles 281 a and 281 ter, will incur work of forty days to eighteen months and fine of forty to one hundred and fifty days.
If this offence was committed by print, manuscript or through media, the penalty will be
If the person accused of this crime recants, before or in time of the formal imputation, the criminal action will be extinguished. A second retraction on the same fact will not be accepted.
The retraction must be performed by the same means, in the same conditions and scope by which the insult or verbal aggression was carried out, assuming the costs that implies.
Article 24. (PENAL ACTION). Articles 20 and 26 of Title II of the First Book of the Code of Criminal Procedure are amended, the text of which will be worded as follows:
Article 20º.-(Private Action Offences). These are private action crimes: the check-in turn, faulty check, customer detour, corruption of dependents, misappropriation, breach of trust, crimes against honor, destruction of own things to defraud, defrauding of services or food, raising of property or civil failure, dispossession, alteration of lines, disturbance of possession, simple harm and insults and other aggressions verbal for racist or discriminatory reasons.
other offenses are public action.
Article 26º.-(Action Conversion). At the request of the victim, the public criminal action may be converted into private action in the following cases:
a crime that requires an instance of party, except for the exceptions provided for in Article 17º of this Code;
When dealing with crimes of patrimonial content or crimes that do not result in death as long as they do not there is a severely compromised public interest; and,
de? Crimes against the Dignity of the Human Being? provided that there is no severely compromised public interest,
When the rejection provided for in Article 304th or the application of the opportunity criterion provided for in Article 21º 1) of this Code has been disposed of; and the victim or the plaintiff has filed opposition.
In the cases provided for in numerals 1) and 2) the conversion will be authorized by the District Attorney or by whom the delegate, authorization that will be issued within three days of requested. In case of numeral 3) the conversion will be authorized by the competent judge.
FINAL DISPOSITION
ONLY. The Executive Body shall be responsible for the regulation of this Law, as appropriate within 90 days of its enactment, based on a broad process of consultation and social participation.
TRANSIENT
ONLY. The Ministry of Justice is entrusted with the elaboration of an ordered text of the Penal Code, including the modifications incorporated by this Law.
OPENING disposition
ONLY. All provisions contrary to this Law are hereby repealed.
Remit to the Executive Body, for constitutional purposes.
Is given in the Session Room of the Plurinational Legislative Assembly, eight days in October of the
year two thousand ten.
Fdo. René Oscar Martínez Callahuanca, Héctor Enrique Arce Zaconeta, Andrés A. Villca Daza, Clementina
Garnica Cruz, Pedro Nuny Caity, José Antonio Yucra Paredes.
Therefore, it is signed into law for the purposes of Law of the Plurinational State of Bolivia.
Government Palace of the city of La Paz, eight days from the month of October of two thousand ten years.
FDO. EVO MORALES AYMA, Oscar Coca Antezana, Sacha Sergio Llorentty Soliz, Walter Juvenal Delgadillo
TERZEROS MINISTER OF PUBLIC WORKS, SERVICES AND HOUSING AND INTERIM DEVELOPMENT PLANNING, Antonia Rodríguez Medrano PRODUCTIVE DEVELOPMENT AND PLURAL AND INTERIM ECONOMY OF THE ECONOMY AND PUBLIC FINANCES, Roberto Ivan Aguilar Gomez, Nilda Condori Cup, Elizabeth Arismendi Chumacero MINISTER OF LEGAL DEFENSE OF THE STATE AND INTERIM AUTONOMY, Zulma Yugar Parraga.
