Human Rights In Bolivia: Issues And Challenges

Bolivia has been marred by human rights issues, with concerns ranging from violence against women and the violation of freedom of expression to police brutality and racism. The country's human rights situation has significantly deteriorated since the interim government of Jeanine Áñez took power in November 2019, with various government actions drawing strong criticism from international organisations and human rights groups. The Áñez administration has been accused of undermining fundamental human rights standards, including issuing decrees that shield security forces from accountability for abuses during crowd-control operations and threatening freedom of expression. Bolivia has also faced issues with judicial independence, failure to protect human rights defenders, and violence against journalists.

Police violence

The 2009 Constitution of Bolivia protects the rights to life and freedom from inhumane treatment. However, in practice, there have been numerous incidents of police brutality and excessive force used by security forces during protests and demonstrations. For example, during the 2019 Bolivian protests, also known as the Pitita Revolution, there were numerous acts of violence by both pro- and anti-government groups. While the police were responsible for maintaining order, they were also accused of using excessive force and participating in illegal detentions and acts of torture.

The National Press Association documented 87 instances of physical attacks against journalists by police officers in 2019, with 14 attacks against media outlets and 16 cases of authorities harassing and threatening the press. Civil organizations documented attacks on 75 journalists during the protests in January 2022. These attacks included physical violence, such as beatings, as well as the use of tear gas and other chemical irritants.

In addition to the attacks on journalists, police violence has also been directed towards protesters and detainees. In 2021, the Inter-American Commission on Human Rights (IACHR) filed a case before the Inter-American Court of Human Rights detailing illegal searches, acts of excessive violence, torture, sexual violence, and incommunicado detention by state agents during arrests and detention. The Commission concluded that the arrests and searches were illegal and that the state agents exercised a high degree of physical and psychological violence during the raids.

The IACHR also expressed concern over joint operations between the National Police Force and the Armed Forces, which resulted in an excessive use of force. During its visit to the country, the IACHR delegation received repeated reports of excessive force by the Police Force and Armed Forces during social protests. This included the use of beatings, shootings, tear gas, and blunt objects, resulting in injuries and deaths.

The 2019 Bolivian protests provide a stark example of police violence in the country. Following the contested election results, supporters of the outgoing president, Evo Morales, took to the streets. The protests turned violent, with initial attacks targeting opposition protesters. Pro-government supporters were transported into opposition areas, given weapons, and instructed to clear blockades, resulting in deaths and injuries. In response to these protests, the interim government deployed the military, granting them broad discretion to use force and shielding them from criminal responsibility. This decision was met with criticism from human rights organizations, who argued that it sent a dangerous message of impunity to the security forces.

The GIEI report on the 2019 protests documented the deaths of 37 people and injuries to more than 170 individuals. It provided robust evidence of illegal detentions, sexual violence, and systematic torture by police forces, particularly in the predominantly Indigenous city of El Alto. The report also highlighted the failure of the police to protect people from violence committed by both pro- and anti-government supporters. In some cases, the police even encouraged and collaborated with violent anti-government groups, acting as "para-police" forces.

The issue of police violence in Bolivia is exacerbated by a lack of accountability and proper investigations. The Attorney General's Office has been criticized for failing to conduct adequate investigations into allegations of police brutality and for not ensuring accountability for these crimes. Furthermore, the lack of an independent civilian police oversight body further hinders the path to justice and reparations for victims of police violence.

Overall, police violence in Bolivia is a serious and ongoing issue that requires immediate attention and reform to uphold the human rights of its citizens.

Paramilitary violence

On September 11, 2008, more than two dozen government supporters were murdered by armed vigilantes in the northern department of Pando. This event was a massacre, and it was perpetrated by regional officials: departmental prefects in league with civic committees. The civic committees were made up of a handful of unelected, local, commercial-landed elites who presided over one of the most unequal distributions of land and wealth in the world. These public- and private-sector authorities, in turn, were allied with crypto-fascist paramilitary youth gangs armed with baseball bats, clubs, chains, guns, and, in the case of the massacre at El Porvenir, official vehicles.

Freedom of the press

Bolivia has been ranked 110th out of 180 countries in the Reporters Without Borders (RSF) 2021 World Press Freedom Index. While the constitution provides for freedom of expression, including for members of the press and other media, the government does not respect this right and retaliates against media outlets expressing dissenting opinions.

The government controls many newspapers and has increased its monitoring of critical media, especially on social media. The ownership of privately-owned media is highly concentrated, jeopardising pluralism. Self-censorship is one of the consequences of the ties that exist between media owners and the government. Journalists who are considered troublesome are regularly victims of judicial harassment. Under Supreme Decree 181, journalists who "lie", "play party politics", or "offend the government" may be deprived of government advertising. This, along with arbitrary arrests and a high level of impunity, results in a climate that fosters self-censorship throughout the country.

The period of political turmoil and instability that began with President Evo Morales' resignation and forced exile in November 2019 and ended with Luis Arce's inauguration in November 2020 was marked by numerous abuses against the press, including intimidation, harassment, threats, physical assaults, theft of equipment, and radio and TV censorship. Journalists face verbal harassment and damage to their reputations, and many killings of journalists have gone unpunished.

Violence against journalists has become more common, with attacks coming from government supporters or politicians. Physical attacks against journalists have intensified since 2020, especially in rural areas. Many radio and TV stations have had their premises vandalised and have been forced to interrupt their activities. Civil organisations documented attacks against 75 journalists during protests in January 2023.

The National Press Association, which represents the country's main print media, documented 87 instances of physical attacks against journalists in 2019, most of them by demonstrators; 14 attacks against media outlets' premises; and 16 cases of authorities and politicians harassing and threatening the press. In the context of post-electoral violent protests, several news outlets and journalists were attacked or threatened. At least four outlets had to temporarily cease broadcasting.

In conclusion, while Bolivia's constitution provides for freedom of expression and the press, in practice, this right is restricted through judicial harassment of journalists, a climate of self-censorship, and legislation enabling the government to exert financial pressure on the media. Journalists face threats, harassment, and physical violence, and the government's failure to hold perpetrators accountable has led to a culture of impunity.

Freedom of speech

In Bolivia, freedom of speech is under threat. The Morales administration, which ended in 2019, created a hostile environment for human rights defenders and the interim government that followed adopted policies that threatened free speech. The National Press Association documented 87 instances of physical attacks on journalists in 2019, most of them by demonstrators. In the context of violent post-electoral protests, several news outlets and journalists were attacked or threatened, and at least four outlets had to temporarily cease broadcasting.

The interim government also made statements about taking “pertinent actions”, including deportation, against journalists who "commit sedition". It established a "cyberpatrolling" unit to identify those who "misinform" the public about Covid-19, particularly political opponents. This resulted in charges of sedition and other crimes against a Morales supporter, Mauricio Jara, for calling the government "dictatorial" through a private messaging service. He was detained and, as of September 2020, awaited trial behind bars.

The Morales administration also periodically lashed out at journalists, accusing them, without evidence, of publishing lies and politically motivated distortions. In May 2018, then-President Morales tweeted that some media outlets receive "instructions from Washington to lie, manipulate [the truth] and misinform [the public]". The Morales government also repeatedly accused the media of participating in an international conspiracy against Bolivia and the president.

In March 2023, Amnesty International documented how people in Poland have taken to the streets to express their opinions despite restrictive legislation combined with heavy-handed policing, surveillance, harassment and prosecution, which threaten to strangle the right to peaceful protest.

Racism

In 2010, the Plurinational Legislative Assembly of Bolivia passed the Law Against Racism and All Forms of Discrimination (Law 045), aiming to combat racism and discrimination. However, as of 2014, no convictions had been recorded, leading the Bolivian media to criticise the legislation as ineffective.

The situation has reportedly worsened in recent years, with elites, mainly people of foreign origin in the Eastern region, claiming autonomy due to probable land redistribution. This redistribution would involve land moving from the more privileged to the less privileged, specifically the Guarani natives and other indigenous peoples.

In La Paz, Afro-Bolivians often face discrimination, and Indigenous Peoples' rights are frequently violated due to unregulated mining. The government has announced plans to reduce Indigenous Peoples' exposure to mercury disposal from gold mining but has provided few details on implementation. Meanwhile, authorities continue to approve new gold mining projects, increasing the risk of mercury contamination for communities nationwide.

Additionally, the judiciary's lack of independence has led to concerns about the right to a fair trial for ethnic minorities. The Inter-American Commission on Human Rights expressed particular concern about the judiciary's lack of independence and requested information on the condition of César Apaza, an ex-leader of an association of coca leaf producers, who has been in pretrial detention since 2022.

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