Human Rights In Bolivia: A Struggle For Equality

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. While the country's constitution and laws technically guarantee a wide range of human rights, in practice, these rights are often not respected and enforced. There are issues with impunity for violent crime and human rights violations, threats to judicial independence, violence against women, child labor, and more.

The administration of former President Evo Morales has been accused of creating a hostile environment for human rights defenders and promoting judicial changes that pose a serious threat to the rule of law. There have also been concerns about the use of pretrial detention, trial delays, and prison overcrowding, as well as the independence of the judiciary under Morales' government.

Protests and political unrest have also led to violence and human rights abuses, with security forces and protesters committing acts of violence and authorities failing to protect people from these acts.

Overall, while Bolivia has a legal framework that guarantees human rights, there are significant challenges and issues in practice when it comes to respecting, protecting, and fulfilling these rights.

Freedom of expression

Bolivia's constitution and laws technically guarantee freedom of expression, but in practice, these rights are not always respected. While public debate is robust, the Morales administration has been accused of periodically lashing out at journalists, accusing them, without evidence, of publishing lies and politically motivated distortions. The government has also been accused of withholding advertising from media outlets that criticise government officials, and of failing to transparently outline the criteria for using government funds to purchase media advertisements.

Journalists in Bolivia work in a polarised political environment, with strong rivalries between pro- and anti-government outlets. Government officials regularly use negative rhetoric against the news media, particularly commentators who are critical of the president's policies. In a 2012 poll, almost 47% of journalists surveyed admitted to practicing some form of self-censorship to avoid persecution or harassment by the authorities or government supporters.

In 2012, the government of President Evo Morales used the 2010 Law against Racism and All Forms of Discrimination to intimidate and stifle the media. The number of threats and physical attacks against journalists and media outlets rose during this time. In 2010, there were 60 cases of reported physical aggression or verbal threats directed at 111 journalists.

In 2023, UNESCO, The State School for Judges of Bolivia, and the United Nations Office of the High Commissioner for Human Rights collaboratively organised a workshop to enhance judicial skills in the field of freedom of expression. The workshop brought together 18 judges from diverse departments of Bolivia, and provided crucial information on the legal foundations of freedom of expression, access to information, and the safety of journalists.

Violence against women

In Bolivia, the prevalence of femicide relates to overall high levels of abuse and domestic violence against women. According to the Center for the Information and Development of Women (CIDEM), 70% of women suffer some form of abuse, with 64% experiencing emotional, physical, or sexual abuse from their partner. Domestic violence is a pervasive and underreported problem in Bolivia, with most cases going unreported. The side effects of violence against women include frequent headaches, bursts of fear, hearing voices, seizures, and/or convulsions, which often lead to suicidal thoughts.

Bolivia has implemented Law 348, also known as the Comprehensive Law to Guarantee Women a Life Free From Violence, to combat femicide. This 2013 measure considers femicide a severe form of violence and imposes a minimum sentence of 30 years in prison for convicted offenders. The law also mandates all levels of government to design and enforce policies specifically addressing gender-based violence. Additionally, President Evo Morales has made eliminating femicide a priority, proposing to declare it a crime against humanity and partnering with police and prosecutors to ensure the crime is taken seriously.

Despite these efforts, femicide cases in Bolivia often go unpunished, with victims' families struggling for justice. In 2016, only 4.7% of cases of violence against women made it to court, and of those, less than 5% were sentenced or closed. The high rate of femicide and the lack of accountability highlight the urgent need for effective measures to address gender-based violence in Bolivia.

Prison conditions

Abusive Physical Conditions

According to the government's penitentiary agency, as of March 2022, the prison population was 20,864 inmates, far exceeding the combined capacity of 6,765 persons. The problem is particularly acute in the 20 urban prisons. In some facilities, men and women share sleeping quarters, while in others, they commingle daily.

Sexual Violence and Gender-Based Violence

Women inmates experience sexual harassment and assault regularly and are sometimes forced to pay extortion fees to avoid being raped. Observers note a culture of silence that suppresses the reporting of gender-based violence due to fear of retaliation.

Juvenile Detention

The law sets juvenile detention ages from 14 to 16 and requires that juvenile offenders be held in separate facilities. However, many offenders remain in juvenile facilities long after reaching adulthood, and adult inmates and police have reportedly abused juvenile prisoners.

Inadequate Medical Services

There is only one medical doctor per prison, who visits twice a month. Although medical services are free, prisons rarely have medications on hand, leading to the prevalence of dermatoses and tuberculosis due to cramped sleeping quarters and lack of medicine. Incarcerated pregnant women lack access to obstetric services.

Corruption

Corruption is pervasive in the prison system. A prisoner's ability to pay bribes often determines their physical security, cell size, visiting privileges, ability to attend court hearings, day-pass eligibility, and place and length of confinement.

Lack of Independent Monitoring

Although the government generally permits monitoring by independent observers, it has been accused of not allowing journalists, NGOs, and religious leaders to visit some high-profile prisoners.

Indigenous rights

Bolivia is a plurinational state with 36 recognised indigenous peoples, including the Quechua, Aymara, Chiquitano, Guaraní, and Moxeño. According to the 2012 National Census, 41% of the population over the age of 15 are of indigenous origin, although this figure is likely to have increased to 48% as of 2017.

However, indigenous communities in Bolivia continue to face challenges. While the 2009 Constitution includes comprehensive guarantees of indigenous rights to collective land titling, intercultural education, protection of indigenous justice systems, and free, prior, and informed consent on development projects, these rights are not always respected in practice.

A major challenge for indigenous peoples in Bolivia relates to seismic work in search of new oil and gas reserves, as well as hydroelectric projects, which directly impact the territories inhabited by indigenous peoples.

In addition, land rights remain a serious and ongoing issue. Despite the election of Morales, who had promised greater protections and territorial autonomy, problems have persisted, particularly in relation to the country's extractive industries. The government's promotion of mining and the passing of a mining law in 2014 have ultimately reduced the ability of indigenous communities to resist extractive activities in their territories.

Another highly contentious issue is the proposed road across the Isiboro-Sécure Indigenous Territory and National Park (TIPNIS) in the Bolivian Amazon. While Morales initially signed a law in October 2011 that banned the road and reaffirmed the protected status of TIPNIS, he reversed his stance in August 2017, signing another law that rescinded the protection of the area.

Furthermore, while urbanisation has provided opportunities for indigenous communities to redefine their identity and has led to increased political participation and empowerment of indigenous women, many indigenous communities in Bolivia remain at risk of extinction due to systematic neglect, social exclusion, and geographic isolation.

Despite these challenges, there has been some progress for Bolivia's indigenous peoples. As of 2024, they have consolidated 23 million hectares of collective property under the status of Community Lands of Origin (TCOs), representing 21% of the country's total land mass. Additionally, several indigenous peoples are now forming their own self-governments, with three groups having already established their self-government and another five achieving autonomous status through a declaration of constitutionality.

LGBTQ+ rights

Bolivia has made significant progress in the 21st century regarding the rights of its LGBTQ+ citizens. Same-sex sexual activity has been legal since 1832, and the country's constitution bans discrimination based on sexual orientation and gender identity. The Law Against Racism and All Forms of Discrimination defines discrimination and provides definitions for homophobia and transphobia. The law also amended article 281 of the Penal Code to criminalize discrimination based on sexual orientation or gender identity.

In 2016, Bolivia passed a comprehensive gender identity law, considered one of the most progressive laws concerning transgender rights globally. This law allows individuals over 18 to legally change their name, sex, and photograph on legal documents without requiring sex reassignment surgery. However, the newly assigned sex is not recognized for the purpose of marriage.

In 2020, a gay couple achieved a legally recognized civil union, setting a precedent for other same-sex couples. As of January 2023, fifteen same-sex couples have officially registered their civil unions. Bolivia has recognized same-sex civil unions since 20 March 2023, following a ruling from the Plurinational Constitutional Court.

Despite these advancements, societal discrimination against LGBTQ+ individuals persists in Bolivia. Reports of violence and murder targeting this community are not uncommon. Public opinion surveys reflect a lack of acceptance and understanding of the LGBTQ+ community. Conversion therapy is not banned, and same-sex couples do not have the same marriage rights as heterosexual couples.

While Bolivia has taken important steps toward ensuring the rights of its LGBTQ+ citizens, further measures are needed to address ongoing discrimination and protect this community from violence and persecution.

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