Bolivia's Law: A Balanced Or Unjust System?

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. The country's legal system includes a constitution and a number of codes, and has had seventeen constitutions in its history. The current constitution, which came into force in 2009, establishes a government with four branches: the Executive, Legislative, Judicial and Electoral.

The Executive Branch is headed by the President, who is elected through universal vote for five-year terms and can be re-elected only once consecutively. The President appoints the Presidential Cabinet directly.

The Legislative Branch, or Plurinational Legislative Assembly, has two chambers: the Chamber of Deputies and the Chamber of Senators. The Chamber of Deputies has 130 members, while the Chamber of Senators has 36.

The Judicial Branch is composed of the Supreme Court, the District and Lower Courts, and the Magistracy Council.

The Electoral Branch is composed of the Supreme Electoral Court, District Courts, Electoral Courts, and Electoral Notaries.

The Bolivian legal system has four main sources: law, custom, doctrine, and jurisprudence.

Human rights abuses by security forces

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. The national police are responsible for law enforcement and the maintenance of order within the country, but the armed forces may be called to help in critical situations.

There have been reports of human rights abuses by members of the security forces. These include:

• Torture and cruel, inhuman, or degrading treatment or punishment by government officials.
• Harsh and life-threatening prison conditions.
• Arbitrary arrest or detention.
• Restrictions on free expression, the press, and other media, including violence against journalists by state security forces and censorship.
• Serious problems concerning judicial independence.
• Lack of investigation of and accountability for violence against women.
• Crimes involving violence targeting LGBT+ persons.
• Use of child labour.

The government has taken steps to prosecute members of the security services and other government officials who have committed abuses. However, inconsistent application of the law and a dysfunctional judiciary have led to impunity in some cases.

Prison conditions

Bolivian prisons are managed by the Penitentiary Regime Directorate, with 17 prisons in departmental capital cities and 36 provincial prisons. However, the prison system is characterized by a lack of basic infrastructure, with overcrowding at serious levels. The total prison population is three times the capacity of the prisons, and an investigative survey of 20 rural prisons found a lack of basic infrastructure necessary for humane functioning.

Due to overcrowding, inmates now have access to small libraries to read books and reduce their jail time as part of a literacy program. However, the conditions in Bolivian prisons remain challenging. Prisoners routinely obtain drugs and alcohol, and children are sometimes used as drug couriers. Juvenile offenders are imprisoned alongside adults, and in some cases, men and women are confined together.

Violence is prevalent in Bolivian prisons, involving both prisoners and prison officials. Corruption among wardens and guards is widespread, and well-off inmates can arrange for improved living conditions, more liberal visiting rules, shorter prison terms, and transfers to better prisons. Diseases such as tuberculosis are also a concern, and prisoners rarely dare to complain about abuses for fear of retaliation.

The government has recognized the need to address these issues, and efforts are being made to improve conditions and promote rehabilitation. However, the prison system in Bolivia continues to face significant challenges.

Freedom of expression

Bolivia's constitution provides for freedom of expression, including for members of the press and other media. However, in practice, the government does not always respect this right and has been known to retaliate against media outlets expressing dissenting opinions.

Some media outlets have reported that the government pressures and intimidates them to report favourably on government policies, threatening to withhold government advertising and impose steep taxes. Media organisations have also reported instances of pressure from the government to reveal their sources.

In June 2023, the Association of Journalists of La Paz reported that digital attacks, created by government-associated teams of "digital warriors", targeting independent media outlets were frequent. The Facebook page of Radio Network Erbol was hacked in February 2023, with hackers sharing explicit images and messages from the page, causing reputational damage to the outlet.

In the 2022-2023 Chapultepec Index report, it was noted that freedom of expression decreased during the year. The report, which assessed institutional actions regarding freedom of expression and press in 22 countries in the Americas, noted that Bolivia shifted from being "partially restricted" to "highly restricted" following the closure of the newspaper Página Siete, physical attacks on journalists, impunity in justice cases, and cyberbullying.

Journalists in Bolivia face threats and harassment, and journalist organisations have reiterated requests for protection. In a public statement, the National Association of Journalists and departmental journalist associations denounced an increase in harassment, pressure, and abuse against journalists, specifically citing the closure of Página Siete and three radio stations in Los Yungas.

There have also been reports of media being attacked by protesters and police while covering protests. In November 2023, media reported threats and attacks while covering protests by mining cooperatives in La Paz. Six journalists and a photojournalist from national and international outlets suffered physical violence and verbal threats. The National Association of Journalists issued a statement condemning the violence and indicating that it added to the serious threats to freedom of expression and the press that continue with impunity due to the negligence of the authorities.

In addition to fear of prosecution and harassment, journalists sometimes practice self-censorship due to fear of losing their jobs or losing access to government sources. By law, the government is required to provide goods and services to all media outlets in a nondiscriminatory manner, but at times the government does not purchase advertisements in certain media outlets because they are considered opposed to the government's policy positions.

Media outlets have also alleged that the government pressures news organisations to report favourably on government policies and retaliates against those that do not comply.

Government corruption

Bolivia has a long history of government corruption, which has been called an accepted part of life in the country. Citizens perceive the judiciary, police, and public administration as the most corrupt sectors. Since gaining independence from Spain in 1825, Bolivia has experienced significant instability, with the government being overthrown over 200 times and the constitution rewritten multiple times. The country has also struggled with widespread poverty, which has contributed to poor governance.

During the latter half of the 20th century, power repeatedly shifted between civilian and military control, with some regimes being notoriously corrupt. For example, in the 1980s, dictator Luis García Meza Tejada's administration was marred by corruption, with several thousand civil servants being prosecuted for embezzlement. Despite efforts to establish democracy and stability, government corruption has persisted in Bolivia.

Under Gonzalo "Goni" Sanchez de Lozada, who served as president from 1993 to 1997 and from 2002 to 2003, the selling off of state industries was widely viewed as corrupt, as many of the purchasers had close ties to the president. Evo Morales, who served as Bolivia's president from 2006 to 2019, campaigned on a promise to fight establishment corruption. While there were some improvements in transparency during his administration, Bolivia remains a poor country with a high level of government corruption.

A degree of tolerance toward government corruption exists in Bolivia, with some believing that it is acceptable as long as the government does "good things" for the people. Additionally, the complex Bolivian tax law and the lack of education among many Bolivians about their rights and the laws against corruption contribute to the persistence of the issue.

Government bureaucracy is often seen as inefficient and bloated, with hiring and promotion decisions being politically driven rather than merit-based. There is also a lack of transparency in how public financial data is handled, and officials often fail to provide information to the public. Furthermore, laws meant to combat corruption are not adequately enforced, and corruption within the government and elite perpetuates poverty and hinders advancement.

Efforts to combat government corruption in Bolivia have been made, with the creation of institutions like the Ministry of Anticorruption and Transparency, and the adoption of anti-corruption laws. However, these efforts have not been sufficient to eradicate the deep-rooted problem of corruption in the country.

Gender-based violence

Bolivia has the highest rate of sexual violence in Latin America. The country had 108 femicides in 2021, and 48 femicides and 21 infanticides between January and June 2022. However, many survivors face barriers when seeking justice, and perpetrators often go unpunished.

In 2022, Bolivian President Luis Arce signed a law targeting corrupt judges and prosecutors who favour defendants accused of femicide, infanticide, and rape. The law was passed in response to large-scale feminist protests that erupted in January of the same year, demanding government action against a corrupt judicial system that fails to protect victims of gender-based violence. The new law imposes prison sentences of up to 20 years for corrupt judges and prosecutors.

Bolivia has introduced several laws to address gender-based violence and promote gender equality:

• Law 1674 of 1995 against Family or Domestic Violence, designed to prevent and eradicate violence against women in public and private spaces.
• Supreme Decree 25087 of 1998, regulating Law 1674 of 1995.
• Law 1779 of 1997 on the Reform and Complementation of the Electoral Regime, requiring 30% of political candidates to be women.
• Law 2033 of 1999 on Protection of Victims of Crimes against Sexual Liberty, defining and extending the penalty for crimes such as rape and statutory rape.
• Law 243 of 2012 against Harassment and Political Violence against Women, establishing mechanisms for prevention, attention, and sanction against acts of harassment and/or political violence against women.
• Law 348 of 2013, to Guarantee Women a Life Free of Violence, broadening protection for women against various forms of violence and establishing the eradication of violence against women as a state priority.
• Supreme Decree 3774 of 2019, creating the Plurinational Women's and Depatriarchalization Service "Ana María Romero" to combat violence against women and children.
• Supreme Decree 3834 of 2019, creating the "Adela Zamudio" Registration and Immediate Alert System of the Special Force for the Fight against Violence (FELCV) to specialise in addressing gender-based violence.
• Supreme Decree 3981 of 2019, mandating training in violence prevention for public servants and staff of public enterprises.

Despite these legislative efforts, impunity persists in criminal proceedings related to gender-based violence in Bolivia. Between 2015 and 2018, only 1.13% of cases of violence against women resulted in convictions.

To address this issue, civil society organisations like Humanity & Inclusion are working alongside communities in Bolivia to reduce risks and protect women, especially those with disabilities, from gender-based violence. Their initiatives include educating women and girls about their sexual and reproductive health, strengthening financial resilience, promoting women's rights, and strengthening community resources for violence prevention and care.

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