source: Embassy of Bolivia in Washington
draft translation: Humanist Movement NYC/T.O.
1. Renewable, natural and environmental resources are exclusive domain of the Department (Art6): Forestry, Woods, and their use; Sustainable use of biological diversity and biotechnology; Use of Hydro resources, water, canals, irrigation, mineral and thermal springs; Alternative sources of energy and biofuels; Territorial regulation. Furthermore, the Statue determines the development of an Environmental Law by the Departmental Assembly (Art. 93), with no reference to the existing national law nor of Parliament.
2. Non-renewable Natural Resources. We declare the creation of a Departmental public oil and gas corporation (Art. 117) and another for mining and steel (Art. 121), parallel to those of the State, whose approval, in spite of being within the stated "jurisdiction of national legal approval", will depend exclusively on the Departmental Assembly.
3. The area of Land Transportation also consists of exclusive powers, which are: Land Transportation and other means of transport, and Highways, rail and other means of transport. "Other means" and "other vias" means “all”. With the addition of the field of Communications, the Control and use of the assignation of the electromagnetic spectrum, Telephony and Telecommunications are also the exclusive domain of the Department. (Art. 6).
4. In the Economic-Financial area, the following are exclusively under the domain of the Department: Departmental fiduciary funds and the determination of public investment policy; financing of Departmental infrastructure and taxes of Departmental character (Art 6). In terms of of taxes, it is established that the Assembly can impose "Special Contributions" for concrete budgetary needs (Art. 124; I), finally, State jurisdiction over customs policy is limited, resolving that controls over duties of any kind may not be established except through Departmental Law. (Art. 82).
5. In the area of Work, “work and labor relations” are exclusively under the management of the Department, (Art. 6;2) as are the areas of Education, Culture, Recreation, and Elections (Art 6;2). The latter will be governed by Departmental legislation as well as the national Electoral Code, but only "in so far that it does not contradict the present Statute." (Art 156; I).
6. Regarding the topic of land, the Statute establishes that the regularization of the rights, distribution, redistribution and land administration is the responsibility of the Departmental Government and shall be governed by the Law of the Assembly. (Art. 102)
7. In the field of Justice Administration , the Supreme Court of the District of Santa Cruz is raised to the highest level of jurisdiction (Art. 143; I).
8. With respect to the area of Civil Security, Article 69, I, determines the creation of another police force, which will have among its powers: "the protection of Departmental authorities and the public property of the Department" and only that, because the property and authorities of the State within the Department are not mentioned.
9. With respect to the area of Indigenous Peoples, the proposal begins with a racist declaration (Art. 161), (“the cruceño people recognize with pride their mestizo-majority racial situation,”) that according to the Statute, is "in agreement with Convention 169 of the ILO, and the Convention of the UN on Indigenous Peoples." The Statute promises the maintaining and protection of the cultures and forms of indigenous organization (Art. 2. II;), traditional medicine (Article 64), and language (Art. 5.I). The Statute recognizes only the indigenous natives of Santa Cruz and recognizes their rights to TCOs (Art. 103.II). However, it does not recognize indigenous autonomies.
CONCLUSION
1. What attributes remain for the National State? Article 8 of the Statute expresses the situation of what remains in the State. Its functions are reduced to the following: Credits, banking and insurance, Labor and the healthcare assistance for social security, intellectual and industrial property: Airports and air strips; meteorology, pharmaceutical products, museums, penal and civil registry.
2. Aside from having no legal basis in national legislation, the Statute has been an open rebellion to the established order, as for example when proceeding to take irreversible actions against certain authorities such as the Court of Electoral Department (Art. 152; III).
3. The validity of the State and national legislation are conditioned on the basis of “not contradicting the present Statute”, in the case of the judicial power and the Electoral Court (Art 156; I). Finally they announce the insubordination of the established order in front of measures adopted by the state such as elimination of the supervision in the sense that these departmental entities have the highest administrative instance and create a new departmental structure.(Art. 37; II) The same respect to the Constitutional Tribunal (Art 168). In this context this Project is to break away from the national political system, to protect the departmental authorities but not the State.
4. The statute pretends to eliminate the sovereignty of the National State, creating conditions for separation to an autonomous area. The other factors are accessory. In spite of the recognition of rights of the indigenous or nationalities they are maintained as minorities and do not have power.
The Embassy appreciates the cooperation of the Humanist Movement in this newsletter.
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