Law 338 on Peasant, Indigenous, and Native Economic Organisations (OECAs) and Community Economic Organizations (OECOMs) for the integration of sustainable family agriculture and food sovereignty

The Mother Earth Law is a piece of legislation that epitomises Bolivia's dedication to sustainable development, respecting the balance between human life and the natural environment, and prioritising the rights and knowledge of the country's majority indigenous population. The expressed objective of the law is to 'establish the vision and fundamentals of integral development in harmony and balance with Mother Earth to Live Well, guaranteeing the continued capacity of Mother Earth to regenerate natural systems, recuperating and strengthening local and ancestral practices, within the framework of rights, obligations and responsibilities'.
 
 In relation to climate change the law has many provisions that outline the state's vision, citizens' rights, and responsibilities. It embraces the concept of 'climate justice', defined by the ability of all Bolivian citizens to 'Live Well', especially those who are most vulnerable to climate change. It reinforces the point that some states have more of a global responsibility to respond to climate change.
 
 To encourage sustainable development of natural resources, it states that climate change trajectories should be accounted for when planning and zoning responsible land use.
 
 The law focuses on reducing the risks posed by climate change through six lines of actions:
The permanent incorporation of prevention of and managed response to natural disasters into the System of Integral Planning
Risk management for the agricultural sector to prevent diminished crop yields and food insecurity
The adoption of risk management of disasters as well as adaption to climate change across state development projects; development of informational networks to issue early warnings in times of natural crisis as well as to assist the agricultural industry and indigenous communities plan according to climate conditions
Strengthening territorial management processes of sub-national governments through the incorporation of risk management and adaption to climate change perspectives
Articulation between public and private scientific research sectors to share knowledge and co-ordinate research regarding vulnerabilities related to climate change
 
 The Law defines 'Living Well' in relation to climate change and lays out the state's legal obligations. The state will develop policies, strategies and legal techniques to mitigate the effects of climate change and adapt to them through strengthening institutional capacities for the monitoring of climate with the purpose of long-term planning. The state will also encourage the recuperation of traditional indigenous practices that were historically sustainable and allowed for the natural regeneration of resources.
 
 The law also establishes the Plurinational Authority of Mother Earth, within the Ministry of Environment and Water, as the state entity responsible for much of the development, overseeing and co-ordination of projects, programmes and research as it relates to climate change and the objectives of the Plurinational Plan for Climate Change. It also co-ordinates scientific monitoring of GHG emissions. The entity will operate within the framework of 'climate justice,' following the principles of Bolivia's climate change politics.
 
 The Authority will operate through three mechanisms: (1) Joint Mechanism of Mitigation and Adaptation for the Integral and Sustainable Management of Mother Earth's Forests; (2) Mitigation Mechanism to 'Living Well'; and (3) Adaptation Mechanism to 'Living Well'.
 
 The Authority is also responsible for the management of the Plurinational Fund of Mother Earth. The Fund will be financed with multilateral and bilateral aid, public money from the national government allocated to mitigation or adaptation, funds from private donors, national or international loans, and funds at the disposal of the executive branch.

The Mother Earth Law and Integral Development to Live Well, Framework Law No 300

Law Ley Nº 338 establishes a framework to promote sustainable family agriculture and diversified activities among Bolivia’s peasant, indigenous, and Afro-Bolivian communities. Grounded in Bolivia’s Constitution and complementary laws, particularly the Law N 300 (Law of Mother Earth and Integral Development for Living Well) it aligns agricultural practices with principles of environmental stewardship, social equity, and economic solidarity. The law declares sustainable family agriculture a matter of public and national interest, emphasising its role in food sovereignty, rural livelihoods, and biodiversity conservation.
A key focus of Ley Nº 338 is its integration with Bolivia’s climate change framework, particularly the Plurinational Plan of Climate Change for Living Well and mechanisms established under Law 300. It mandates that agricultural participants engage in agroforestry and conservation programs, generate data on mitigation and adaptation, and implement ancestral knowledge to address climate impacts. These efforts aim to harmonise agricultural development with environmental integrity while fostering food security and community resilience. By linking sustainable agriculture to the ethical principles of Living Well, the law aims to advance Bolivia’s vision of socio-economic development in balance with “Mother Earth”.

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Area of the economy in which actors engage in identical or related activities.

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Actions or measures to adapt terrestrial systems to climate change.

Aligning the skills of the workforce with the requirements of the just transition.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

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Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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Law 338 on Peasant, Indigenous, and Native Economic Organisations (OECAs) and Community Economic Organizations (OECOMs) for the integration of sustainable family agriculture and food sovereignty

Policy instrument

Risk

Impacted group

Just transition

Economic sector

Adaptation/resilience

Finance