Lynching, Communal Justice, and Bolivia’s New Constitution

NEW YORK (March 5, 2008) -- On January 15, 2008, Human Rights Foundation (HRF) published a report about Bolivia’s proposed new constitution. HRF sent copies of the report to President Evo Morales and other Bolivian authorities, prompting a reply from Vice Minister of Coordination with Social Movements and Civil Society, Sacha Sergio Llorenti Solis.

In Vice Minister Llorenti’s opinion, HRF misinterpreted the spirit of articles introduced in the new constitution, further expressing HRF had confused, in a “reductionist and discriminatory fashion,” communal justice and lynching. On January 30, 2008, HRF sent a reply to Vice Minister Llorenti, which has gone unanswered. Critics of HRF’s report have sided with Bolivia’s official stance. Hence HRF believes that a clarification about issues raised by Vice Minister Llorenti, Bolivian citizens, and interested parties is in order.

HRF does not equate lynching with communal justice. We do wish to point out, however, that Bolivian mobs are increasingly taking justice into their own hands—with the result that lynching is on the rise. Often, individuals in these mobs cite “communal justice” to justify barbaric actions such as hanging, crucifixion, stoning, live burial, and burning. And such claims have official backing. President Morales has said that disenfranchised groups should employ communal justice; his government supports lashing as a “symbolic” means of imparting communal justice. President Morales has also remarked that communal and ordinary justice systems are incompatible. HRF finds President Morales’ position untenable in light of guarantees enshrined in Bolivia’s constitution.

HRF rejects Vice Minister Llorenti’s contention that our report is discriminatory. The Bolivian government, by contrast, is proposing discriminatory legislation that would deny Bolivia’s “indigenous” and “peasant” communities access to ordinary justice and would force them to seek redress only before communal judges. This legislation would also prevent Bolivia’s ordinary legal system from revising or overturning decisions and sentences issued by communal judges. As far as the proposed law is concerned, communal justice verdicts may not be appealed.

The constitution proposed by the Morales government contains glaring contradictions. For instance, it explicitly establishes that rulings from communal judges are not subject to judicial review and that such rulings are binding for all. At the same time, it provides for a Plurinational Tribunal that can hear and resolve conflicts of competence between ordinary and communal justice jurisdictions. The Plurinational Tribunal cannot revise rulings or sentences, but it can determine whether particular rulings or sentences were issued by the proper legal authorities (ordinary or communal judges). HRF believes that this provision must be explicitly amended to subordinate the communal justice system to ordinary courts and authorities.

Motivated solely by a profound commitment to civil and political rights, HRF is warning Bolivia’s authorities and citizenry about the danger of granting constitutional status to a discriminatory and unregulated justice system. Should the Bolivian people approve a referendum to include communal justice within the constitution, President Morales’ administration must take prompt legislative steps to regulate communal justice systems and to provide appropriate mechanisms for appeal.

HRF is an international nonpartisan organization devoted to defending human rights in the American hemisphere. Its work centers on the twin concepts of freedom of self-determination and freedom from tyranny. These ideals include the belief that all human beings have the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Armando Valladares, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.

Contact: Thor Halvorssen, Human Rights Foundation, (212) 246.8486, info@thehrf.org

Read HRF’s report on communal justice in Bolivia here