Plurinational State of Bolivia
Head of state and government: Evo Morales Ayma

Truth, justice and full reparation for victims of human rights violations committed during past military regimes were still pending. Insufficient steps were taken to guarantee full enjoyment of sexual and reproductive rights. Discredit from the authorities of the work of NGOs, including human rights defenders, paired with strict regulation to obtain registration remained a concern.

BACKGROUND

Justice remained out of reach, mainly for those without economic means. Allegations of corruption, political interference and delays in the administration of justice further dampened trust in the system.

In July, the CEDAW Committee urged Bolivia to take steps within two years to prevent violence against women, ensure education and access to information on sexual and reproductive rights and amend national laws to decriminalize abortion, among other recommendations.

IMPUNITY

Measures to ensure truth, justice and full reparation for victims of human rights violations committed during past military and authoritarian regimes (1964-1982) were very limited. The authorities took no concrete steps to establish a truth commission following a commitment made in March following a public hearing at the Inter-American Commission of Human Rights.[1] A bill that was presented by victims' organizations to the Plurinational Legislative Assembly to create such a commission was pending at the end of the year.

In July, the Public Ministry announced the creation of a genetic data bank to identify the remains of potential victims of enforced disappearance. It is estimated that around 150 people were forcibly disappeared during the military regimes. The Public Ministry called on the relatives of victims of enforced disappearances to undertake blood tests to establish possible matches.

No progress was made to ensure full and fair reparation to victims of past human rights violations after the qualification process ended in 2012.

TORTURE AND OTHER ILL-TREATMENT

The absence of an independent mechanism to record and investigate allegations of torture deterred victims from pursing justice. No efforts were made to ensure the full independence of the national preventive mechanism against torture, dependent on the Ministry of Justice. The regulation of this mechanism was pending at the end of the year.

In June Juan Bascope lodged a complaint of torture, death threats and discrimination that he was subjected to while in detention in 2014 in Maripiri in the Yungas region. He was accused of killing three members of the security forces and a doctor during a joint police and military operation against illegal coca plantations in the municipality of Apolo in 2013. He was detained and brought before a judge three days later. However, no investigation is known to have been initiated into his complaint, despite violent injuries.

SEXUAL AND REPRODUCTIVE RIGHTS

High rates of maternal mortality, particularly in rural areas, limited access to modern contraceptives, including emergency contraception, and a high rate of teenage pregnancies remained a concern.[2]

Despite a resolution issued by the Ministry of Health in January, the 2014 Plurinational Constitutional Court ruling that abolished the requirement of judicial authorization for abortion in cases of rape was not implemented.

INDIGENOUS PEOPLES' RIGHTS

In March the government issued a supreme decree to modify the 2007 regulation on consultation and participation in hydrocarbon activities. The decree contained new rules, including strict deadlines and a methodology to be set up by the authorities, which could obstruct the rights of Indigenous Peoples to consultation and free, prior and informed consent over projects that affect them.

In April charges against 12 police officers for excessive use of force during a peaceful march against the construction of a road through the Isiboro-Sécure Indigenous Territory and National Park (TIPNIS) in 2011 were dismissed. The trial of six other police officers whose charges remained had not begun at the end of 2015.

HUMAN RIGHTS DEFENDERS

In September the authorities announced that 38 NGOs were considered "irregular" because they had not submitted the necessary documents to confirm their identity in line with a 2013 regulation. A decision by the Plurinational Constitutional Court submitted by the Ombusdman against that regulation was pending. The Ombudsman raised the regulation's potential breach to the right of assembly and the principle of non-discrimination of some of its articles.

In August the Vice-President discredited the work of four local organizations for criticizing government plans, and threatened international NGOs based in the country with expulsion should they get involved in what the authorities consider domestic politics.

PRISON CONDITIONS

Inadequate sanitary facilities, poor access to health and food provision and overcrowding in prison remained a concern. Research by the Pastoral Penitenciaria found that there were almost 14,000 prisoners in 2015, for a maximum capacity of 5,000. Delays in concluding trials within a reasonable time and the excessive use of pre-trial detention were the main reasons for overcrowding.


[1] Bolivia: Derecho a la verdad, justicia, reparación de las víctimas de las violaciones graves de derechos humanos cometidas durante los gobiernos militares de Bolivia (1964-1982) (AMR 18/1291/2015)

[2] Bolivia: Briefing to the UN Committee on the Elimination of Discrimination Against Women (AMR 18/1669/2015)

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.