Ignoring new TIPNIS law, Bolivian government restarts roadway construction

Bolivian newspaper Página Siete has published photos of the ongoing construction of the Villa Tunari–San Ignacio de Moxos highway inside of the Isiboro Sécure National Park and Indigenous Territory. The current active construction continues work that began before the enacting of Law 266, which ends special protections for the territory, on August 13. The prior activity, revealed by indigenous residents was clearly in violation of Law 180 of 2011, which the new law repealed.

However, Law 266 also placed some legal limits on road building (see the full text of Law 266 (es)). Officially termed the Law of Protection, and Integral and Sustainable Development of the Isiboro Sécure National Park and Indigenous Territory (TIPNIS), it requires:

Article 9 … Integration and Articulation Activities [i.e., transportation infrastructure], which improve, establish, or maintain rights of indigenous peoples such as freedom of movement, whether through the opening of neighborhood roads, highways, systems of river navigation, or of aerial transportation, etc. shall be designed in a participatory manner with the indigenous peoples …

The law also establishes a planning process for development and integration:

A timeframe of 180 days is established for the elaboration of a Protection Plan for TIPNIS, the Integral Plan for Transportation in TIPNIS, and the Development Agenda for the Indigenous Peoples of TIPNIS to Live Well, in accordance with the results of the Consultation. Insofar as those documents are approved, the instruments of planning and management of TIPNIS shall be applicable, so long as they don’t contradict that which is established in this law, and in agreements resulting from the Consultation.

Right now, of course there is no Integral Plan for Transportation in TIPNIS, nor has any highway been designed in a participatory manner. Whether before or after the passage of the new law, the Bolivian government shows no sign of following the legal limits on its road building in TIPNIS.

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