New Political Constitution (2009)
It is based on the respect and equality between everyone, with the principles of sovereignty and dignity, complementarity, solidarity, harmony and equity in the distribution of the social product, where the search for the Good living dominates, with respect for the plural economy, society, legal and political culture of the habitants on earth.
Regarding the Cultural sector we have extracted the following articles:
Article 98.
I. The Cultural diversity constitutes the essential base for the Communitarian Plurinational State. The Interculutrality is the instrument for union and harmonic and equilibrated life sharing between the peoples and the nations. The Interculturality will have its place with regards to all differences and in equal conditions.
II. The State will assume as a strength the existence of native indigenous and country people cultures, knowledge, values, spiritual and views of the world, they keep.
III. It will be a fundamental responsibility of the State to preserve, develop, keep and promote the existing cultures of the country.
Article 99.
I. The cultural heritage of the Bolivian peoples is inalienable, unable to be seized and imprescriptible. The economic resources generated through this will be regulated by law, mainly to look after its conservation, preservation and promotion.
II. The State will guarantee the registry, protection, restoration, recuperation, revitalization, enrichment, promotion and diffusion of its cultural heritage in accordance to law.
III. The natural richness, archeological, paleontological, historic, documental and the one that comes from the religious folklore, is cultural heritage of Bolivian people according to the law.
Article 100.
I. It is heritage of the nations and native indigenous country people the cosmovitions, the myths, oral history, dances, cultural practices, knowledge’s and traditional technologies. This heritage is part of the identity expressions of the State.
II. The State will protect all the knowledge and saberes through the registry of intellectual property that safeguards the intangible rights of the nations and originary indigenous peasant peoples and the intercultural and afrobolivian communities.
Article 101.
The art manifestations and the popular industries, in its intangible component, will benefit from special State protection. The sites and activities declared worlds cultural heritage in its tangible and intangible component will also benefit of this protection.
Article 102
The State will register and protect the intellectual property, individual and collective of the works and discoveries of authors, artists, composers, inventors and scientifics, in the conditions the law determines.
The text was made by the Constitutional Assembly and revised by the then National Congress, on January 25th 2009 a Referendum gave the positive vote with a 61,43%, allowing its promulgation on February 7th 2009.
Challenges identified in the implementation of this measure: We still need policies and regulations in order to enable its complete implementation.