that genetically modified organisms are prohibited (art. 256); and that international human rights instruments proclaiming more favourable rights than the constitution shall take precedence (art. 257). 30. Bolivia’s existing constitution also sets out very important principles that have been reaffirmed in the new constitution. It recognizes the diversity of the population of Bolivia, its multi-ethnicity and multiculturalism (art. 1). It prohibits any form of discrimination and guarantees equality between men and women (art. 6). It also recognizes that the rights to life, health and security, the right to a fair remuneration, sufficient to ensure a dignified existence for the worker and his/her family, and the right to a healthy environment are fundamental human rights (art. 7). It also provides that the State must recognize, respect and protect the economic, social and cultural rights of indigenous people living in Bolivia, in particular their rights to lands of origin (under the Tierra Comunitaria de Orígen framework), to the sustainable use of natural resources, to identity, values, customs and institutions (art. 171). 31. Bolivia’s legislative framework does not include a national law on the right to food or on food security, which would be important in determining the objectives and responsibilities of the relevant ministries and ensuring their coordinated activities. However, there are a large number of other laws, decrees and regulations that are of particular relevance for the realization of the right to food. This includes the Ley de Reconducción Comunitaria de la Reforma Agraria (2006) which outlines the system for regulating collective land titles for indigenous territories and indigenous communities, land for small farmers, and land for industrial farming (empresa agropecuaria). The law also established the National Institute for Agrarian Reform (INRA), charged with identifying and reclaiming unproductive or illegally obtained landholdings for redistribution to the landless. The Ley del Medio Ambiente (1992) protecting natural resources and the rights of indigenous people and farming communities against the negative activities of industrial and extractive companies and the Ley de Fomento de la Lactancia Materna y Comercialización de sus Sucedáneos (2006) promoting exclusive maternal breastfeeding for children under six months and prohibiting marketing of substitutes, in accordance with the International Code of Marketing of Breastmilk Substitutes, are also of particular relevance for the protection of right to food. 32. On the issue of water, the Government promulgated the Ley de Promoción y Apoyo al Sector de Riego para la Producción Agropecuaria y Forestal in October 2004, better known as the Ley de Riego. This law recognizes traditional water rights and uses and guarantees the right to water for irrigation for indigenous and farming communities. In February 2006, the new Government created a Ministry of Water to coordinate and oversee water issues through Law No. 3351. The Ministry is in the process of drafting framework legislation on drinking water and sanitation systems which would expressly recognize access to water and water services for human consumption as basic human rights. C. Access to justice and human rights institutions 33. Bolivia has a complex legal system, which includes State law and courts at the municipal, departmental and national levels, as well as customary law and traditional justice in areas of indigenous peoples. The Constitutional Tribunal has a special mandate to protect and enforce the constitution. The existing constitution, as well as the new constitution, guarantees free access to justice for the poor (art. 16) and victims of a violation of a fundamental right can use the procedure of amparo (right to request a review of the constitutionality of a judgement or act) to claim their rights before the superior courts at the departmental level and the Constitutional Tribunal (art. 19). In practice, however, access to justice for victims of violations of human rights, including the right to food, is limited.[33] Problems include the non-application of international human rights treaties and conventions by judges, corruption and the lack of independence of the judiciary. Indigenous peoples have particular difficulties in obtaining access to justice, given discrimination, the lack of legal interpreters, and the non-recognition of customary law and indigenous legal authorities. The compatibility and complementarity of modern and customary laws and systems of justice could be improved by the adoption of the draft law on the administration of justice of the original indigenous people and peasants community, in discussion at the national Congress, and by the adoption of the new constitution, which is very progressive in terms of access to justice in cases of violations of human rights. 34. In 1997, reforms to improve the efficiency and accountability of the judiciary and to broaden access to justice led to the establishment of three new institutions: the Constitutional Tribunal, the Judicial Council and the Office of the Ombudsman (Defensor del Pueblo). The Office of the Ombudsman is independent and is currently headed by the courageous and outspoken Ombudsman, Waldo Albarracín Sánchez. The Ombudsman has improved protection for vulnerable groups and individuals through mediation, conciliation, quasi-judicial decisions and legal assistance, as well as monitoring violations. His office has also put a special emphasis on many issues related to the right to food, including the right to land, labour rights, the right to a healthy environment, the rights of indigenous people, the rights of children and the rights of women. In view of the prospect of a new constitution that recognizes the right to food and the right to water as fundamental human rights, the Special Rapporteur hopes that this focus will continue and that the office will be provided with adequate human and financial resources. III. POLICY FRAMEWORK FOR THE RIGHT TO FOOD A. Government policies and institutions 35. The Special Rapporteur was impressed by the personal commitment of President Evo Morales to the realization of the right to food. Fighting malnutrition has been made a key priority of his Government, through its Zero Malnutrition Programme, as well as other initiatives to promote food security and food sovereignty, land reform and the rights of indigenous peoples that should contribute to the realization of the right to food for all Bolivians. 36. The Zero Malnutrition Programme focuses on eradicating malnutrition amongst children under the age of five (with special