165:: "to arbitrary and illegally obstruct, restrict, devalue, impede, or annul the exercise of individual or collective rights on the basis of sex, age, gender, sexual orientation, gender identity, cultural identity, family background, nationality, citizenship, language, religious creed, ideology, political or philosophical opinion, civil status, economic or social condition, illness, type of occupation, grade of instruction, physical, intellectual or sensory handicap or alternate capacity, pregnancy, regional origin, physical appearance, or clothing," punishable by one to five years of deprivation of liberty. The crime is aggravated if committed by a public servant or a private individual providing public service, or committed with violence.
83:) declared he was open to revisions in the law. On 4 October, a plenary session of the Senate replaced Maldonado with Eugenio Rojas (MAS-IPSP) as chair of the committee, assuring no changes would be made in committee. The law, unchanged from the version approved by the Deputies, was considered in plenary from 16:45 on 7 October to 05:15 on 8 October. The session was tumultuous and included frequent interruptions by opponents of the bill. Opposition lawmakers unsuccessfully proposed a revocation referendum on Articles 16 and 23. The bill was passed by the Senate by a greater than two-thirds majority.
190:: "the realization of insults or other verbal aggression for racist or discriminatory motives," punishable by 40 days to 18 months of community service work and a fine of forty to 150 days' wages. The crime is aggravated if committed in print, manuscript or media. If an accused person who retracts the aggression at or before the time of indictment, the criminal process is extinguished; however, only one retraction may be considered. Retractions must be issued by the same medium and with the same reach as the original aggression, with the responsible party assuming the costs involved.
158:: "to arbitrary and illegally restrict, annul, devalue or impede the exercise of individual or collective rights on the basis of race, national or ethic origin, color, ancestry, membership in a nation, indigenous originary campesino people, or the Afro-Bolivian people, or the use of the clothing or language of such people," punishable by three to seven years of deprivation of liberty. The crime is aggravated if committed by a public servant or a private individual providing public service, or committed with violence.
172:: "to disseminate through any media ideas based on racial superiority or hate, or than promote and/or justify racism or discrimination" for the motives described above; and "to incite violence against or persecution of people or groups of people on the basis of racist or discriminatory motives," punishable by one to five years of deprivation of liberty. The crime is aggravated if committed by a public servant or a public authority. Media workers and media owners do not benefit from immunity or
183:: Membership in organizations or associations that "promote and/or justify racism or discrimination" as defined above, or "incite to hatred of, violence against, and persecution of persons or groups of persons on the basis of racist or discriminatory motives" is criminalized, punishable by one to four years of deprivation of liberty. The crime is aggravated if committed by a public servant or a public authority.
62:
on 10 October 2010. The law prohibits discrimination and discriminatory aggression by public and private institutions and individuals, creates a governmental
Committee Against Racism and All Forms of Discrimination, and bars the dissemination of racist and discriminatory ideas through the mass media.
137:
Article 15 prohibits discrimination in the right to enter establishments serving the public, including the hanging of signs advertising such discrimination. Municipalities have the responsibility to enforce this norm by three days of closure at the first offense, thirty days on the second, and
146:
Article 21 of the law makes racist or discriminatory motives an aggravating factor for all crimes, many subject to a one-third increase in minimum sentence and one-half increase in maximum sentence, not exceeding the overall maximum set by the
Bolivian constitution.
133:
Private institutions must revise their internal regulations so that any of these acts by employees are considered internal faults, must share denunciations made against their employees with the
Committee against Racism, and must inform prosecutors of criminal acts.
226:) Article 281 fourth sub-part (Diffusion and Incitement to Racism or Discrimination). II. When the act is committed by a worker in the media, or the proprietor of one, he or she will not be able to allege immunity or fuero of any kind.
78:
Following approval by the
Chamber of Deputies, the Senate took up consideration of the Law in October. The law was considered first by the Constitution Committee, whose chair, Senator Eduardo Maldonado (MAS-IPSP,
202:
The law's
Article 16, concerning the mass media, and part of Article 23, which states that no one is exempt from the law, were sharply opposed by Bolivian and some international media associations.
439:
213:). A medium which authorizes and publishes racist and discriminatory ideas will be subject to economic sanctions and to suspension of its license to function, subject to regulation.
234:, the final version of the law softens penalties for broadcasting racist ideas and requires media outlets to allocate spaces or scheduling time to anti-racism educational content.
335:
310:
113:
The internal regulations of public agencies must prohibit such acts, accept complaints about them, and must turn over criminally culpable employees for prosecution.
380:
285:
194:
Article 24 also considers a variety of instances of discriminatory actions which may be considered through private, civil actions between the parties involved.
63:
The provisions of the law applying to the media caused extensive controversy and were opposed by mainstream publications and media worker associations.
459:
71:
The first draft of the law was proposed by the Human Rights
Committee of the Bolivian Chamber of Deputies on 24 May 2010, the anniversary of
363:
253:
404:
150:
Articles 22 and 23 create a series of "crimes against human dignity," as
Chapter V of Title VIII of the Bolivian Penal Code. These are:
40:
72:
408:
484:
126:
Physical, psychological or sexual maltreatment for racist or discriminatory reasons, when these are not criminal
464:
474:
420:
479:
52:
469:
424:
231:
80:
360:
250:
24:
367:
257:
453:
109:
Physical, psychological or sexual maltreatment for racist or discriminatory reasons
55:
336:"Presidente promulga dos leyes y dice que el cambio en Bolivia es irreversible"
86:
President Evo
Morales promulgated the measure into law on 8 October 2010.
440:
Text of Law
Against Racism and All Forms of Discrimination (in Spanish)
44:
36:
405:
Bolivian press says final anti-racism law softens penalties for media
311:"Evo promulga cuestionada Ley Antirracismo, hay duelo en la prensa"
270:
Archondo, Rafael (January 2010). "Una historia de las "mordazas"".
116:
Article 14 penalizes the following acts in private institutions:
99:
Article 13 penalizes the following acts by public servants:
29:
Ley 045 Contra el
Racismo y Toda Forma de Discriminación
181:
Racist or discriminatory organizations and associations
123:
Denial of service for racist or discriminatory reasons
106:
Denial of service for racist or discriminatory reasons
170:
Diffusion and incitement to racism and discrimination
381:"Racismo: más entidades de prensa alertan riesgos"
21:Law Against Racism and All Forms of Discrimination
286:"Racismo: MAS destituye a presidente de Comisión"
421:REGLAMENTO FIJA MULTAS, PERO NO CIERRE DE MEDIOS
73:an incident of racist violence in Sucre in 2008
407:Knight Center for Journalism in the Americas,
8:
188:Racist or discriminatory verbal aggression
120:Racist or discriminatory verbal aggression
103:Racist or discriminatory verbal aggression
272:Le Monde diplomatiqué (Bolivian edition)
16:Statute by Bolivian legislative assembly
242:
7:
359:Plurinational Legislative Assembly.
249:Plurinational Legislative Assembly.
41:Plurinational Legislative Assembly
14:
138:definitive closure on the third.
95:Service and public accommodations
460:Anti-discrimination legislation
198:Controversy with Bolivian media
1:
409:University of Texas at Austin
370:. October 2010. Article 21.
501:
224:Adding to the penal code
228:
28:
204:
129:Denigrating actions
67:Legislative process
51:and promulgated by
31:; often called the
366:2012-10-04 at the
256:2012-10-04 at the
33:Law Against Racism
485:Racism in Bolivia
492:
428:
418:
412:
402:
396:
395:
393:
392:
377:
371:
357:
351:
350:
348:
347:
332:
326:
325:
323:
322:
307:
301:
300:
298:
297:
282:
276:
275:
267:
261:
247:
500:
499:
495:
494:
493:
491:
490:
489:
465:2010 in Bolivia
450:
449:
436:
431:
419:
415:
411:, December 2010
403:
399:
390:
388:
379:
378:
374:
368:Wayback Machine
358:
354:
345:
343:
334:
333:
329:
320:
318:
309:
308:
304:
295:
293:
284:
283:
279:
269:
268:
264:
260:. October 2010.
258:Wayback Machine
248:
244:
240:
216:
200:
144:
97:
92:
69:
17:
12:
11:
5:
498:
496:
488:
487:
482:
477:
475:Law of Bolivia
472:
467:
462:
452:
451:
448:
447:
435:
434:External links
432:
430:
429:
413:
397:
372:
352:
327:
302:
277:
262:
241:
239:
236:
199:
196:
192:
191:
184:
177:
166:
163:Discrimination
159:
143:
140:
131:
130:
127:
124:
121:
111:
110:
107:
104:
96:
93:
91:
88:
68:
65:
39:passed by the
15:
13:
10:
9:
6:
4:
3:
2:
497:
486:
483:
481:
478:
476:
473:
471:
468:
466:
463:
461:
458:
457:
455:
445:
441:
438:
437:
433:
427:December 2010
426:
422:
417:
414:
410:
406:
401:
398:
386:
382:
376:
373:
369:
365:
362:
356:
353:
341:
337:
331:
328:
316:
312:
306:
303:
291:
287:
281:
278:
273:
266:
263:
259:
255:
252:
246:
243:
237:
235:
233:
230:According to
227:
225:
221:
217:
214:
212:
208:
203:
197:
195:
189:
186:The crime of
185:
182:
178:
175:
171:
168:The crime of
167:
164:
161:The crime of
160:
157:
154:The crime of
153:
152:
151:
148:
142:Criminal acts
141:
139:
135:
128:
125:
122:
119:
118:
117:
114:
108:
105:
102:
101:
100:
94:
89:
87:
84:
82:
76:
74:
66:
64:
61:
57:
54:
50:
46:
42:
38:
34:
30:
26:
22:
480:Race and law
443:
416:
400:
389:. Retrieved
387:. 2010-09-23
384:
375:
355:
344:. Retrieved
342:. 2010-10-08
339:
330:
319:. Retrieved
317:. 2010-10-08
314:
305:
294:. Retrieved
292:. 2010-10-05
289:
280:
271:
265:
245:
229:
223:
219:
218:
215:
210:
206:
205:
201:
193:
187:
180:
173:
169:
162:
155:
149:
145:
136:
132:
115:
112:
98:
90:Prohibitions
85:
77:
70:
60:Law 737/2010
59:
58:into law as
48:
32:
20:
18:
470:2010 in law
444:Los Tiempos
385:Los Tiempos
340:Los Tiempos
315:Los Tiempos
290:Los Tiempos
207:Article 16.
56:Evo Morales
454:Categories
442:hosted by
391:2010-12-30
346:2011-01-11
321:2011-01-11
296:2011-01-11
274:(32): 7–8.
238:References
220:Article 23
211:Mass Media
446:newspaper
53:President
425:La Razón
364:Archived
254:Archived
232:La Razón
179:Banning
361:Ley 045
251:Ley 045
49:Law 045
45:Bolivia
37:statute
35:) is a
25:Spanish
156:Racism
81:Potosí
174:fuero
19:The
47:as
43:of
456::
423:,
383:.
338:.
313:.
288:.
75:.
27::
394:.
349:.
324:.
299:.
222:(
209:(
176:.
23:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.