Bolivia's Freedom: Exploring The Country's Complex Political Landscape

Bolivia, officially the Plurinational State of Bolivia, is a landlocked country in central South America. It is a unitary state with a democratic government and a multiparty system. The country has a population of around 12 million people, with a rich diversity of ethnicities and languages. Spanish is the official language, but 36 indigenous languages also have official status.

Bolivia's democratic institutions have been in place since the country's constitution was established in 2009. The country has a presidential system, with the executive, legislative, and electoral branches of government seated in La Paz, and the judiciary in Sucre. The current president, Luis Arce, was elected in 2020, and the country's most recent general election in October 2020 saw a record voter turnout of 88.4%.

Bolivia's constitution guarantees freedom of thought, religion, and assembly, and the country has a wide range of functioning civil society organisations. However, the country has experienced political and social crises in recent years, with allegations of fraud in the 2019 elections leading to the resignation of Evo Morales and a period of interim government. The country's deep-seated social and political divisions have resulted in violent confrontations and a lack of trust in democratic institutions.

While Bolivia's government generally respects freedom of religion, the country has experienced issues with corruption, and the justice system is weak and inefficient. The country also faces challenges with poverty and inequality, and its economy is largely dependent on the extraction of natural resources.

Political freedom

Bolivia has been a multiparty democracy since 1982, with democratically elected governments and free and fair elections. However, the country has experienced periods of political and social crisis, including the forced resignation of Evo Morales in 2019, which led to a period of interim governance by Jeanine Áñez.

The current government, led by President Luis Arce, has been in power since 2020. Arce was elected with 55% of the vote, in what was deemed a free and fair election by impartial observers. However, the election also confirmed deep-seated social and political divisions within Bolivia, with Arce's Movimiento al Socialismo (MAS) positioned on the left, and a diffuse right-wing faction that has grown in influence throughout the 2010s.

Bolivia's constitution provides for freedom of thought, spirituality, religion, and worship, and these freedoms are generally observed in practice. The constitution also guarantees freedom of assembly and association, and while these rights are constitutionally guaranteed, civil society organisations that are perceived to belong to the opposition have faced attacks, intimidation, and administrative harassment from government sympathisers.

The constitution calls for a clear-cut separation of powers, particularly between the executive, legislative, and judicial branches. However, the independence of the judiciary remains constrained in practical terms, with a lack of horizontal accountability and weak administrative capacities. The election of judges to the highest courts through popular vote has not resulted in any positive changes and has been criticised for allowing the governing MAS party to oversee the selection of candidates.

Overall, while Bolivia has a history of political instability and social division, the country currently enjoys a degree of political freedom, with free and fair elections, constitutionally guaranteed freedoms of thought, worship, assembly, and association, and a multiparty democratic system. However, there are concerns about the independence of the judiciary and the politicisation of certain civil society organisations.

Freedom of assembly

Bolivia's constitution and laws technically guarantee a wide range of human rights, including the freedom of assembly. However, in practice, these rights are often not respected and enforced.

In 2008, the government and opposition were locked in a dispute over a proposed new constitution, which led to violence between highly polarised groups. The government supporters often employed the tactic of encircling Congress to pressure opposition members, who considered the tactic coercive.

In 2009, the US State Department reported that Bolivia's chief human rights problems included "killings and torture by security forces; harsh prison conditions; allegations of arbitrary arrest and detention; an ineffective, overburdened, and corrupt judiciary; a 'partly free' media; corruption and a lack of transparency in the government; trafficking in persons; child labour; forced or coerced labour; and harsh working conditions in the mining sector".

In 2012, Amnesty International complained that the Bolivian authorities had made decisions about the construction of a highway across the Isiboro Sécure Indigenous Territory and National Park without consulting the indigenous people who live there.

In 2015, Human Rights Watch submitted an amicus brief to the Constitutional Court, arguing that the Law on Legal Entities and its regulatory decree undermine basic human rights provided for in international treaties ratified by Bolivia. The brief also argued that the law and decree violate the right to freedom of association, which is a fundamental human right protected by international law.

In 2020, Luis Alberto Arce Catacora, the candidate for the Movement Towards Socialism party, won the presidential election with 55% of the vote. International electoral observation missions and domestic electoral observation organisations characterised the national elections as free, fair, and transparent. However, there were reports of substantial interference with the freedom of assembly.

In 2022, the US State Department reported that the government generally respected the right of freedom of association. However, there were still reports of arbitrary arrest and detention, as well as serious problems concerning judicial independence and restrictions on free expression and media.

Freedom of religion

Bolivia is a secular nation and its constitution guarantees freedom of religion. The constitution also prohibits discrimination along religious lines.

The constitution establishes a separation between church and state. Religious and spiritual organizations are required to register with the Ministry of Foreign Affairs and obtain a national legal identity. Since 2019, all religions and spiritual beliefs have been treated equally, and the law also establishes a principle of mutual respect.

Public, confessional, and private schools have the option to include religious studies in their curricula. However, all schools are required to avoid dogmatic imposition and teach ethics courses that emphasize religious tolerance and interreligious dialogue.

While the country's diverse religious population enjoys legally protected freedom of religion, in practice, these freedoms are being reduced. The teaching of religion in schools is becoming increasingly restricted, and there have been reports of religious leaders feeling unsafe to walk the streets.

In recent years, there has been growing religious conservatism, which has played an important political role and contributed to the opposition's narrative and legitimation strategies.

Additionally, there have been concerns about the potential limitations on evangelism due to the new Penal Code, which includes an article aimed at stopping the activities of criminal groups and religious organizations. This has raised worries among evangelical Christians, who make up a significant portion of the population, about their ability to preach and invite people to Christian events.

Freedom of movement

Bolivia's law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respects these rights. However, there are some restrictions. For instance, the law prohibits travel on election days and on census days, and it restricts foreign and domestic travel for up to three months as a penalty for those who do not vote.

In March 2020, the interim government enacted a total quarantine and border closing without prior notice, leaving thousands of citizens stranded outside the country. Many of these citizens were working in bordering countries and had lost their jobs or income due to lockdown measures. They were left at the border in makeshift quarantine camps for indefinite periods.

In April 2020, UN High Commissioner for Human Rights Michelle Bachelet cited the example of Bolivians stranded at the border with Chile and noted that in the beginning, approximately 1,300 citizens, including pregnant women, the elderly, and children, were forced to sleep in the open in freezing temperatures.

Freedom of speech

Bolivia's constitution and laws guarantee freedom of speech and of the press. However, in practice, these rights are not always respected.

The 2010 Law against Racism and All Forms of Discrimination, for example, has been used by the government to intimidate and stifle the media. This law grants authorities the power to fine or shut down news outlets and arrest journalists for published material that is deemed to be racist. Media organisations can be sanctioned even if a racist remark is made by a source or interviewee and not the media organisation itself.

In 2012, the government used this law to file charges against three outlets: the news agency Fides (ANF) and the newspapers El Diario and Página Siete. The government alleged that they had distorted the president's words in a speech blaming hunger in eastern Bolivia on lazy people.

The country's regulatory framework is also being used to limit media freedom. In 2011, a new telecommunications law went into effect, establishing rules for the distribution of television and radio frequencies, the broadcasting of presidential messages, and wiretapping in certain extreme cases. Local journalist advocacy organisations and press groups denounced the new rules, claiming that they would cripple Bolivians' freedom of expression and information.

Journalists in Bolivia work in a polarised political environment, with strong rivalries between pro- and anti-government outlets and sporadic threats against government critics by elected officials. Government officials regularly use negative rhetoric against the news media, particularly commentators who are critical of the president's policies.

In 2012, Vice President Álvaro García Linera declared that the government keeps track of the names of people who insult the president via social media. Opposition journalists often engage in self-censorship to avoid being persecuted or harassed by the authorities or government supporters. In an ANP poll that year, almost 47% of journalists surveyed admitted to practising some form of self-censorship.

Bolivians do, however, enjoy free access to the internet, and there are no government restrictions on internet access.

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