The Human Rights Committee this afternoon concluded its consideration of the fourth report of Bolivia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming training courses being held for police to prevent excessive use of force, and asking about judicial independence.
The Committee welcomed the training courses being held for police to prevent excessive use of force at events. A Committee Expert addressed the issue of independence of the judiciary, calling for judges and prosecutors to be selected in a transparent manner, based on merit. The Expert also noted that many judges and prosecutors were provisional or on temporary contracts. Was the State carrying out urgent reform of the justice system to guarantee its independence and respect for due process? How would the State guarantee the permanent positions of judges and prosecutors? How would it guarantee necessary resources for the proper functioning of the organs of justice? The Expert also raised the issue of corruption, asking which measures were in place to prevent external and internal interference of the judicial process?
In the ensuing discussion, the delegation explained that to elect judges, the Bolivian Legislative Assembly approved candidates by a two-thirds majority, and that was enforced by a popular vote. There was a low voter turnout, and the model was being debated, but Bolivia believed that the process ensured judicial independence. The State party was working to increase resources available for the judiciary, but the judiciary had only used 80 per cent of their budget. In the current administration, judges were trained thoroughly.
Iván Manolo Lima Magne, Minster of Justice and Institutional Transparency of Bolivia and head of the delegation, said that Bolivia had been working to guarantee civil and political rights, introducing a number of measures to reduce discrimination and ensure the right to vote. Human rights instruments had enforcement mechanisms that allowed the Committee to check their progress. The Ministry of Justice was devising a National Development Plan to strengthen peace, improve access to justice, especially in rural areas, and ensure judicial independence. The Ministry had started to tackle corruption, penalizing judges who had released perpetrators of violence against women.
In concluding remarks, Mr. Magne said Bolivia was unwavering in its commitment to human rights, and expressed the commitment of the Bolivian State to addressing the Committee’s recommendations with a positive, constructive spirit.
Photini Pazartzis, Committee Chairperson, in concluding remarks, welcomed the legislation that the State party was planning to implement, which she said showed the commitment of the State party to continue to work with the Committee to uphold its obligations under the Covenant. She expressed hope that the dialogue and recommendations of the Committee would help to further improve the human rights situation in Bolivia.
The delegation of Bolivia was made up of representatives of the Ministry of Justice; the Attorney General; the Deputy Defence Attorney; the Deputy Ministry for Citizens’ Security; the Director-General of the Penitentiary; and the Permanent Mission of Bolivia to the United Nations Office at Geneva.
The Committee will issue its concluding observations and recommendations on the report of Bolivia at the end of its one hundred and thirty-fourth session, which concludes on 25 March. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. The webcast of the Committee’s public meetings can be accessed at https://webtv.un.org/.
The Committee is next scheduled to meet in public at 10 a.m. on Friday, 11 March, to conclude its consideration of the third periodic report of Cambodia (CCPR/C/KHM/3).
Report
The Committee has before it the fourth periodic report of Bolivia (CCPR/C/BOL/4).
Presentation of the Report
IVÁN MANOLO LIMA MAGNE, Minister of Justice and Institutional Transparency of Bolivia and head of the delegation, said that Bolivia was a State where rule of law prevailed. The State had a democratic and inclusive way of governing. The Constitutional norm guaranteed civil and political rights. Bolivia’s 26 nationalities had a right to self-determination. The Covenant was a part of Bolivia’s Constitution.
Bolivia had been working to guarantee civil and political rights, introducing a number of measures to reduce discrimination and ensure the right to vote. Human rights instruments had enforcement mechanisms that allowed the Committee to check their progress. International provisions were ranked higher than the Constitution. From 1964 to 1982, Bolivia was governed by a dictatorship. During that time, there were a number of abuses of human rights. In 2019, a coup caused further violations of human rights. With the election of the current President, however, democracy had been restored. Racism and discrimination were found to be causes of the coup.
The Ministry of Culture and the Ministry of Sport had been closed prior to the coup. In that environment, there were no bodies to protect culture, and that led to cultural clashes that culminated in the 2019 coup. The current President had since reinstated the Ministry of Culture. In the coup, electoral courts were attacked and the security and lives of many were jeopardised. Racism and torture were common under the rule of the transitional Government. The newly elected Government was working to criminalize torture.
To protect the health of inmates and reduce prison overcrowding, Bolivia had considered issuing amnesties, but those were never issued. The Ministry of Justice was devising a National Development Plan to strengthen peace, improve access to justice, especially in rural areas, and ensure judicial independence. The Ministry had started to tackle corruption, penalizing judges who had released perpetrators of violence against women.
Questions from Committee Experts
A Committee Expert thanked the delegation for the well-organized information that it had submitted. The Expert welcomed that, since the promulgation of the Political Constitution in 2009, the rulings of the Constitutional Court had referred to the Covenant and the Committee’s recommendations. Were there other examples of lower-level national courts that had invoked the Covenant? What were the levels of compliance of the 176/1984 (Peñarietta et al.), 2628/2015 (Delgado Burgoa), and 2629/2015 (Maldonado Iporre) cases? What had the State done to raise public awareness about the rights recognized in the Covenant?
The Expert also asked for clarification regarding the scope of “states of emergency” in Bolivia, saying that the State party had not notified the Secretary-General of the United Nations of the emergency measures it had adopted to curb the spread of the COVID-19 pandemic.
How successful had measures combatting racial discrimination been? Eight departmental committees had been created to fight racial discrimination, but only three of those were functioning correctly. Why had the State party created that number of committees, and why had committees not been established in some autonomous regions? What had been the actual impact of measures to reduce discrimination? How many complaints had the State received regarding racial discrimination, and how effectively had State entities followed up on those cases?
The Expert also cited seven cases of discrimination in the judicial sphere against persons of the lesbian, gay, bisexual, transgender and intersex community. Legislation limited transgender persons’ rights to marriage and civil unions, adoption, participation in sports competitions, parity in electoral processes and “other activities based on male-female gender distinctions.” What measures had the State party adopted to protect the rights of that group? There were also obstacles preventing lesbian, gay, bisexual, transgender and intersex persons from registering the birth of their children. What measures was the State taking to ensure the immediate registration of such births?
Another Committee Expert addressed human rights violations during the dictatorship. A new working plan was being implemented to modify the criminal code and implement laws against enforced disappearance. What was the progress of those deliberations?
What measures had been adopted to investigate enforced disappearances and other human rights violations occurring between 1964 and 1982? A report into the Government’s support measures had been completed, but had the details of that report been communicated to families of the victims? Could the State party provide information on the criteria used to prove the presence of discrimination and the right to compensation? Information received by the Committee indicated that victims had not received their full compensation. What was being done to ensure that was received?
Another Committee Expert noted that the laws and Constitution of Bolivia guaranteed the equal right to political participation and equal conditions of men and women. The Expert welcomed that there was 50 per cent representation of women in the 2020 General Elections. Of Bolivia’s 341 municipalities, only 20 were chaired by women. Only three Ministries had female representation, and there were no female Governors. What measures did the State intend to take to continue its efforts to increase the representation of women, especially indigenous and Afro-descendant women, in decision-making bodies?
The Expert also noted a significant increase in violence and harassment against women in recent years. How many of those cases of harassment and violence had been sanctioned? Only one 2021 sentence of conviction (two years in prison) was known to the Committee. What training measures did the State intend to develop for judges, prosecutors and police bodies on women’s political rights?
Another Expert said that the rate of feminicide in Bolivia was the highest in Latin America. Sexual violence had increased during the pandemic, when courts were closed and victims were not able to present their cases. Did the State plan to redefine “rape” to prevent sexual abuse of minors and rape of married partners? What protocols had been implemented to ensure that investigations and medical examinations of victims were not discriminatory?
There were also obstacles preventing girls and women from receiving abortions, such as required complaints filed with police, objections from medical teams, and violations of medical confidentiality. Those obstacles caused many women to seek clandestine abortions. The pandemic had worsened women’s access to safe and legal abortions. What measures, the Expert asked, did the State party intend to take to enable women and girls to access safe and legal abortions? The Expert also asked for updated information regarding the criminal prosecution and conviction of women who resorted to abortion. More than 200 women were being prosecuted for abortion after being reported by medical personnel. What measures were in place to prevent early pregnancies, including those caused by sexual violence, which had significantly increased during the COVID-19 pandemic? How did the State plan to promote access to sexual education free of gender-based stereotypes?
Responses by the Delegation
The delegation explained that many of the issues that the Committee had raised had occurred during the dictatorship and were not relevant to modern Bolivia.
Ordinary courts had referenced the Covenant. Cases of violations of human rights occurring between 1964 and 1982 were being investigated, and the State was, in particular, working to resolve cases 2628/2015 and 2629/2015.
The Government should have notified the United Nations of the planned “state of emergency.” To avoid that situation, Bolivia had adopted the Health Act of 2020, which prevented quarantines from being used against citizens in a discriminatory way. The State was working hard to increase the vaccination rate, and to contain the pandemic.
The Government was committed to fighting racial discrimination. Law 45 established the illegality of discrimination. Significant progress had been made in preventing racism through education. For example, training sessions on racism had been carried out for 13,635 police officers. The Ministry of Culture monitored efforts to combat racism. The Ministry had developed a complaints protocol to improve how the State dealt with complaints. As part of the comprehensive planning of the State, the Government had assessed its progress in combatting racism and all forms of discrimination, and a five-year plan toward that goal was being drafted. When police officers discriminated against racial groups, they were stripped of their positions.
The delegation explained that Bolivia’s Ministry of Justice shared the Committee’s frustration regarding the length of time that the Constitutional Court was taking to prepare a ruling on legislation protecting the rights of lesbian, gay, bisexual, transgender and intersex persons. The delegation called on the Constitutional Court to expedite that ruling.
Sexual and political violence that had occurred during the dictatorship were violations of fundamental human rights. A decentralized body, the “Truth Commission,” had reported on violence and other human rights abuses that occurred during the dictatorship, and its conclusions were being reviewed by the State. Proceedings had begun toward pending compensation payments. “Houses of Memory” were being established within each Government Ministry to remind Bolivians of the human rights abuses that had occurred during the dictatorship and to ensure that those abuses were not repeated.
The delegation said that there was no female Governor in the nine departments of the State, although there was a female candidate. Bolivia planned to achieve 50 per cent female representation in judicial elections, a level previously reached in 2012.
There had been a a high rate of violence against women, and a Commission was working to prevent feminicide and violence against women. Regarding abortion, the Ombudswoman ensured the implementation of the recommendations of Committee on the Elimination of Discrimination against Women, and the recommendations of other international organizations. There was initial action underway to prevent discrimination against women who had received abortions, and a Government strategy to prevent child pregnancy was also in place.
The Truth Commission’s report had been published, and its conclusions had been distributed to a wide range of authorities. It had also been posted on social networks. Recommendations of compensation were not binding for the State, but its goal was to reach a swift and amicable settlement with the families of victims.
A report on the State’s progress on preventing violence against women had been prepared. Protection measures, such as Law 48, which was being amended, needed to be provided swiftly to lower the high rate of feminicide.
Bolivia’s had had a law which had criminalised violence against women, torture, and discrimination against people who have abortions; however, that law had been repealed. The current Government was working to reinstate it.
Questions by Committee Experts
A Committee Expert noted that the delegation had provided information on a number of measures in place to protect human rights, but added that harassment from public officials was a current issue for which Bolivia could not blame the former dictatorship. What was being done in response to over 600 cases of harassment recorded under the current administration?
A Committee Expert asked if the State had considered adapting its legal definition of torture. Had the State attempted to adequately investigate all allegations of torture, establish responsibility for the perpetrators, and provide reparation to the victims? Did the State intend to increase training of public officials on the prevention and criminalization of torture? Did the State adequately fund its Service for the Prevention of Torture institution?
The Expert noted that between 2014 and 2018 there had been 22 cases of lynching, caused by citizen insecurity and distrust in the justice system. How many cases of lynching had been prosecuted, and what were the results in terms of accusations, convictions, and sanctions? Did the State plan to increase the involvement of the police and the Public Prosecutor’s Office in the prevention and prosecution of those crimes?
Another Committee Expert noted that Bolivia had been working on a proposal to amend the Organic Law of the Armed Forces. What measures had been taken to exclude cases of human rights violations from military jurisdiction? The Expert also expressed concern about the prevalence of corporal punishment. What was the State party doing to eliminate corporal punishment? What measures had been taken to raise awareness of the prohibition of corporal punishment within the jurisdiction of the Indigenous Peoples?
On pretrial detention, the Expert said that more than 65 per cent of persons deprived of their liberty were kept in pretrial detention. What measures were in place to reduce the number of people in pretrial detention? Were there any measures being taken to find alternatives to pretrial detention? What confidential mechanisms were available to persons deprived of liberty to file complaints against torture, ill-treatment and other human rights violations?
The Expert welcomed that the number of minors living with one of their parents in prison had been reduced by 30 per cent. Was the State ensuring that the presence of minors in prison facilities with their parents was only allowed in exceptional circumstances? Were the living conditions of minors in prison facilities adequate for their physical, psychological, moral and social development?
Another Committee Expert noted that between 20 October and 25 November, demonstrations had been held across the country, at which 35 people lost their lives and 833 people were injured. No convictions had been handed down in relation to those incidents. What measures were being taken to speed up investigations, hold those responsible accountable, and provide comprehensive reparation to victims, including victims in Sacaba, Senkata, and Zona Sur? Similarly, what investigations were being held related to violent incidents occurring at the September 2021 protests held by coca leaf growers, and at November 2021 protests held as part of the “Indefinite Strike” decreed by civic and social organizations? The Committee welcomed the training courses being held for police to prevent excessive use of force at such events. Were there any protocols on their use of force and lethal weapons? Did Bolivia have legislative measures that guaranteed the right to peaceful demonstration?
Another Expert said that the victims and families of victims of past abuses wanted to know when they would receive compensation and justice and called on the State to expedite the process of providing it. The Expert welcomed Presidential Decrees of April 2020 and February 2021 on the release of certain categories of detainees to reduce overcrowding in prisons. What was the status of the adoption of those decrees? In the context of budget cuts to the prison administration made in 2021, what measures had been taken to guarantee the rights of detainees in accordance with international standards? Would the budget be increased in 2022?
A census of prisons was carried out in 2019. What were the results of the census? What recommendations had been implemented? What measures were in place to separate people in pretrial detention from convicted individuals? What was the role of the Ombudsman in monitoring the state of prison overcrowding?