Project description

Title: Supporting the development of an intercultural legal system in accordance with the rule of law
Commissioned by: German Federal Ministry for Economic Cooperation and Development (BMZ)
Country: Bolivia
Lead executing agency: Ministerio de Justicia
Overall term: 2010 to 2012

Context

By adopting the new constitution in a referendum in February 2009, the Bolivian people have given their backing to the political decision to develop an intercultural legal system. A lack of consideration for distinct legal cultures, constitutional criteria and human rights up to now has intensified existing inequalities, particularly regarding the rights of indigenous communities and women.

Indigenous jurisdiction rooted in customary law is to be given the same status as formal jurisdiction based on positive law. One clear requirement is that both systems must recognise human rights.

Objective

The new justice system respects differences in legal cultures and protects fundamental and human rights.

Approach

The programme (PROJURIDE) is a project initiated by German development cooperation that supports the development of an intercultural legal system in accordance with the rule of law. Working with the partner ministry and individuals representing the formal and indigenous justice systems, the project aims to increase respect for differences in legal cultures and to protect fundamental and human rights in the new justice system. The first stage is to strengthen the constitutional basis of the new system.

The project provides a systematic and flexible combination of policy advice and technical assistance to help set in motion and support the consensus-building processes needed for developing an intercultural legal system. Advisory services are provided on the basis of ‘projects for the future’. These are agreements between partners and German technical cooperation outlining the changes they aim to bring about, respective inputs and the timeframe. Local subsidies are available on a limited scale to support indigenous authorities through their representative bodies.