LEGAL PLURALISM, HUMAN RIGHTS, AND DEMOCRACY IN TENSION: A CRITICAL LOOK AT THE EXERCISE OF POWER IN SOME IOC COMMUNITIES IN BOLIVIA

A CRITICAL LOOK AT THE EXERCISE OF POWER IN SOME IOC COMMUNITIES IN BOLIVIA

Abstract

Bolivia has been recognized for the constitutionalization of legal pluralism by incorporating the Indigenous Native Peasant Jurisdiction (JIOC) into its institutional framework. This inclusion represents significant progress in recognizing collective rights and cultural diversity within the Plurinational State; however, it has also raised legal and social concerns requiring critical constitutional analysis. This article examines conflicts arising when certain Indigenous communities exceed the competences granted by Law No. 073, particularly by intervening in criminal matters reserved for the ordinary jurisdiction. Several precedents reveal practices that violate human rights, including collective punishments, disproportionate sanctions, and the concealment of serious crimes under the argument of community autonomy. From a rights-based constitutional perspective, this study analyzes the limits between jurisdictional autonomy and the State’s obligation to ensure the protection of human rights throughout its territory. It also examines Bolivia’s constitutional block, Article 190 of the Constitution, the American Convention on Human Rights, and relevant jurisprudence of the Plurinational Constitutional Tribunal. Finally, the article proposes mechanisms to strengthen interjurisdictional coordination without delegitimizing Indigenous justice, consolidating a model of legal pluralism compatible with democracy and human rights. This work seeks to contribute to academic debate on harmonizing cultural diversity with the universality of rights, promoting a plural, rights-based, and constitutionally coherent justice system within the Bolivian State.