Animal Protection in the Constitution of Bolivia
|Part I, TITLE II. FUNDAMENTAL RIGHTS AND GUARANTEES, Chapter V (Social and Economic Rights), Section I, Environmental Rights, Article 33||
Per Article 33, "Everyone has the right to a healthy, protected, and balanced environment. The exercise of this right must be granted to individuals and collectives of present and future generations, as well as to other living things, so they may develop in a normal and permanent way."
Per Article 108 the duties of Bolivians include "To protect and defend an environment suitable for the development of living beings."
|Part II: Functional Structure and Organization of the State, TITLE III. JUDICIAL ORGAN AND PLURI NATIONALCONSTITUTIONAL COURT, Chapter III (Agro-Environmental Jurisdiction), Article 189 and Title VIII: International Relations, Borders, Integration and Maritime Restoration, Chapter I International Relations, Article 255, 2 (7)||
Per Article 189, an Agro-Environmental Court, which is charged with resolving," appeals of cassation and nullity in actions involving... biodiversity; and to resolve complaints involving practices that endanger the ecological system and the conservation of species or animals."
Per Article 255, the Constitution sets forth guiding principles for the negotiation, and ratification of international treaties. Among these principles are “[h]armony with nature, defense of biodiversity, and prohibition of forms of private appropriation for exclusive use and exploitation of plants, animals, and microorganisms and any living matter.”
|PART III. STRUCTURE AND ORGANIZATION OF THE STATE TERRITORIES, TITLE I: TERRITORIAL ORGANIZATION OF THE STATE, Chapter VIII (Distribution of Authority), Articles 299 and 302(13); Section III: Protected Areas;||
Article 299 gives the central level of the state and autonomous territorial entities concurrent authority, "To preserve, conserve and contribute to the protection of the environment and the wild fauna maintained in ecological equilibrium, and the control of environmental contamination" and to regulate agriculture, livestock, hunting and fishing.”
Article 302 gives exclusive authority to " To preserve, conserve and contribute to the protection of the environment and natural resources, wild fauna and domestic animals " and to " control the quality and sanitation of the elaboration, transport and sale of food products for human and animal consumption.”
|Part IV: Economic Structure and Organization of the State, Title II: Environment, Natural Resources, Land and Territory, Section I: Biodiversity, Chapter VII: Biodiversity, Coca, Protected Areas and Forest Resources, Section I: Biodiversity, Article 381 (I) and Section IV: Forest Resources, Article 387 (I)||
Per Article 381, the Constitution recognizes native animal species as natural assets. It requires the State to “establish measures necessary for their conservation, exploitation, and development.”
Per article 383, the State shall establish measures for the partial or total, temporary or permanent, restriction of the uses of extracts from the resources of biodiversity. The measures shall be directed toward the need to preserve, conserve, recover and restore the biodiversity at risk of extinction. Illegal possession, handling and trafficking of species of biodiversity shall be criminally punished.
Per Article 387,"The State shall guarantee the conservation of natural forests in the areas of native forests, their sustainable exploitation, and the conservation and recovery of the flora, fauna, and degraded areas."