Bolivia's Oppressive Regime: A Country In Turmoil

Bolivia is a country with a history of political turmoil and social unrest. The country has experienced several coups and attempts to overthrow the government, with the most recent occurring in 2024, when former president Evo Morales called on supporters to protest against current President Luis Arce, resulting in violent clashes.

Bolivia's history includes a long struggle for power between political rivals, with allegations of corruption, human rights violations, and a flawed justice system. The country has also faced economic crises, fuel shortages, and social issues such as gender-based violence and child labor.

The question of whether Bolivia is in a state of oppression is complex and multifaceted. While the country has made strides towards democracy with free and fair elections, there are still concerns about human rights violations, restrictions on freedom of expression, and a flawed justice system that struggles with corruption and political interference. The treatment of indigenous communities, women, and vulnerable groups also raises questions about equality and social justice in the country.

Human rights violations

Bolivia's constitution and laws guarantee a wide range of human rights, but in practice, these rights are often not respected and enforced. The country has faced criticism for human rights violations from organisations such as the United Nations, Amnesty International, and Human Rights Watch.

Violations of Judicial Independence

Political interference has plagued Bolivia's justice system for years. The Morales administration (2006-2019) sought to reform the justice system, but some initiatives posed a serious risk to judicial independence. The 2009 constitution, for example, gave voters the power to elect high court judges from lists created by the Plurinational Assembly, where Morales' party held a majority. This led to the appointment of judges who supported Morales, and the dismissal of those who did not.

The interim government of Jeanine Áñez (November 2019-2020) also undermined judicial independence by publicly pressuring prosecutors and judges to pursue politically motivated charges against more than 150 people linked to the Morales government.

Violence and Abuses During Protests

Bolivia has seen several violent protests in recent years, with both pro- and anti-government demonstrators engaging in acts of violence. In 2019, at least 37 people died and more than 800 were injured during protests. Security forces were responsible for 20 of these deaths, with witnesses reporting that state forces opened fire on pro-Morales demonstrators in Sacaba and Senkata.

In 2024, a weeklong "March to Save Bolivia" against President Luis Arce descended into violence, with followers of Arce and his predecessor, Morales, clashing along the route and leaving 26 people injured.

Violence Against Women

Violence against women is a major concern in Bolivia. Despite laws establishing measures to prevent and prosecute gender-based violence, women and girls remain at high risk. Femicide, or the killing of a woman under certain circumstances, is a persistent issue, with 113 cases reported in 2020 and 95 cases reported between January and October 2021.

Child Labour and Abuse

Child labour is widespread in Bolivia, with approximately 390,000 children working in hazardous industries such as construction, sugar-cane harvesting, and mining.

Physical and verbal abuse of children is also common, and thousands of children live on the streets, often working as prostitutes or being trafficked to other countries for forced labour.

Indigenous Peoples' Rights

Indigenous peoples in Bolivia face several human rights challenges. They have been denied land rights due to their traditional collective ownership of land, and they are insufficiently represented in government, suffering from high unemployment.

During the 2019 political crisis, the Áñez government's response to the COVID-19 pandemic disproportionately affected Indigenous communities, with restrictions on movement limiting their access to food, medicine, and markets for their products.

Indigenous peoples also continue to face barriers to exercising their right to free, prior, and informed consent regarding measures that may affect them, such as agricultural projects that risk mercury contamination.

Political interference in the justice system

Bolivia has a long history of political interference in its justice system. This problem has plagued the country for years and has resulted in a lack of independence in the judiciary.

The Morales Administration

Former President Evo Morales, who served from 2006 to 2019, repeatedly rejected the idea of judicial independence. During his time in office, prosecutors filed charges against several of his political rivals in cases that appeared to be politically motivated. Morales' administration weakened the independence of the judiciary through a range of reforms and other actions. For example, in 2010, Morales signed a law providing that judges appointed before the 2009 Constitution would be deemed "temporary", and in 2017, his government created a commission to reform the judiciary, which included several of his supporters.

In addition, Morales' government was accused of influencing the media to restrict independent media or encourage self-censorship. In 2012, the government filed criminal complaints against the directors of news outlets, accusing them of racism and distorting Morales' words.

The Áñez Administration

Jeanine Áñez replaced Morales as interim president in November 2019. Instead of ensuring judicial independence, her government publicly pressured prosecutors and judges to act in its interests. This led to criminal investigations of more than 150 people linked to the Morales administration and his supporters for sedition, terrorism, and membership in a criminal organization. Many of these cases appeared to be politically motivated.

In February 2021, President Áñez decreed an amnesty for crimes related to the country's 2019 political crisis, which was seen as a way to favor her supporters and opened the door to impunity for serious crimes.

The Arce Administration

Luis Arce, who took office in November 2020, has also been criticized for supporting unsubstantiated and excessive charges against former President Áñez. In March 2021, authorities detained Áñez and two of her former ministers on terrorism and other charges, which Human Rights Watch found to be unsubstantiated and disproportionate.

Despite Arce's initial statements about the importance of an independent justice system, his administration has failed to take concrete steps towards reform. In June 2022, a judge sentenced Áñez to 10 years in prison on charges of dereliction of duty and contravening the law, and she was not allowed to attend her trial in person.

Impact on Human Rights

The political interference in Bolivia's justice system has had serious consequences for human rights in the country. There have been documented cases of serious human rights violations, including brutal massacres by security forces, illegal detentions, sexual violence, and torture. Women and girls remain at high risk of violence, and prison overcrowding and excessive pretrial detention continue to be issues. Indigenous communities also face obstacles in exercising their rights, and there have been reports of attacks on journalists by both police and demonstrators.

Violence against women

In recent years, Bolivia has taken steps to address violence against women. In 2013, the government passed a comprehensive domestic violence law that criminalizes many forms of abuse, including marital rape. However, the issue of underreporting persists, with only 1% of gender-based violence cases being prosecuted and convicted. The COVID-19 pandemic has also exacerbated the situation, with reports of an increase in violence against women during lockdown restrictions.

Women with disabilities are particularly vulnerable, facing significantly higher rates of violence than those without disabilities. They often face additional barriers to reporting abuse and accessing resources. To address this, organizations like Humanity & Inclusion work alongside communities to protect women with disabilities and reduce their risk of violence.

Bolivia is also facing issues of violence against women in politics, which creates barriers for women aspiring to political office. Bolivia is the only country with a standalone law, Law 243, that criminalizes violence against women in politics. However, there has only been one successful sentencing for harassment and political violence to date. Efforts are underway to enforce the law and address the root causes of violence, such as gender stereotypes.

Overall, violence against women remains a significant challenge in Bolivia, and despite some progress, more work is needed to achieve gender equality and protect women from abuse.

Prison overcrowding

The issue of prison overcrowding in Bolivia is largely due to the country's pervasive use of pretrial detention. In 2015, 69% of prisoners were awaiting trial, and this figure had only dropped to 65% by 2020. The high rate of pretrial detention is influenced by the preference of Bolivian citizens for punishment over preventative strategies against crime. According to a 2014 survey, Bolivians generally see prison as the best way to address citizen insecurity, despite living in one of the least violent countries in the region.

The impact of overcrowding is felt across the prison system. Prisons in Bolivia are described as dilapidated and lawless, with insufficient food supplies and medical care. Diseases such as tuberculosis are present, and drugs and alcohol are easily accessible. Prison staff are often untrained and corrupt, and they only control the outer security perimeter of the institutions, with the interior being controlled by prisoners themselves. Gang activity is directed by inmates, and the most powerful detainees establish their own governance systems, executing justice and controlling illicit economies.

The issue of prison overcrowding in Bolivia has been partially addressed through amnesty initiatives and penal code reforms. However, these efforts have only resulted in short-term drops in the prison population, as negative public opinion and a preference for punitive justice hinder long-term solutions.

The conditions in Bolivian prisons violate international standards of human rights and dignity. The country's prison system urgently requires comprehensive reforms to address overcrowding, improve living conditions, and strengthen the rule of law within its institutions.

Lack of freedom of expression

While the Bolivian constitution provides for freedom of expression, including for members of the press and other media, the government has been accused of retaliating against media outlets that express dissenting opinions. There is a gap between constitutionally guaranteed rights and freedoms and the practice of exercising the right to freedom of expression.

The government has been accused of pressuring and intimidating journalists to report favorably on government policies, for example, by withholding government advertising and imposing steep taxes. In 2021, the National Press Association, which represents the country's main print media, reported several cases of violence by police or demonstrators against reporters. The Association also denounced the "judicial harassment" of journalists by the Prosecutor's Office, accusing the government of threatening excessive criminal penalties against journalists for alleged "administrative failures" that took place during the tenure of former interim President Áñez.

Journalists in Bolivia have faced threats, harassment, and physical attacks. In November 2021, Marco Rocabado, a journalist with television network UNITEL, was beaten with stones and sticks and had his cell phones and microphone stolen by a mob. The National Association of Journalists of Bolivia and the Association of Journalists of La Paz condemned the attack.

According to a 2010 report by Freedom House, the Bolivian press is "partly free" and becoming less free. In 2010, there were 60 cases of reported physical aggression or verbal threats directed at 111 journalists. In October 2012, a group of masked men broke into the radio studio of journalist Fernando Vidal and set him on fire, apparently in retaliation for his criticism of local smugglers and/or government officials.

The government has also been charged with "taking actions designed to restrict independent media or to encourage self-censorship." While there are a variety of news media that operate without restriction, journalists sometimes practice self-censorship due to fear of losing their jobs or access to government sources. Additionally, insulting public officials is a crime punishable by up to three years in jail, and an independent Press Tribunal has the power to sanction journalists.

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