Bolivia's Troubles: A Country In Turmoil

Bolivia has been plagued by a series of issues, including human rights violations, government corruption, and social unrest.

In recent years, the country has witnessed the resignation of its first indigenous president, Evo Morales, amid allegations of election fraud and public protests. This led to a period of political turmoil, with an interim administration taking power and violent demonstrations breaking out, resulting in deaths and injuries.

The country also faces challenges such as judicial independence, freedom of expression, gender-based violence, and issues surrounding indigenous communities' rights and protection.

Additionally, the COVID-19 pandemic has exposed weaknesses in Bolivia's healthcare system, and the government's response has been criticised for failing to adequately address the needs of vulnerable groups, particularly women and Indigenous communities.

Human rights violations

Violations of the Right to a Fair Trial and Detainee's Rights:

Bolivia's judiciary has been criticised for its lack of independence, with the Inter-American Commission on Human Rights expressing concern over the government's influence on judicial processes. Pretrial detention is a widespread issue, with around 66% of detainees not having been convicted, leading to overcrowded and inhumane prison conditions.

Violations of Freedom of Expression and Assembly:

Security forces have been known to attack journalists during protests, and there have been instances of excessive force used by police. Bolivia's 2009 constitution guarantees freedom of expression, but the former Morales government, and to a lesser extent the transitional government, have taken reprisals against media outlets expressing dissenting opinions.

Violations of Indigenous Peoples' Rights:

Indigenous peoples in Bolivia are affected by unregulated mining activities and face risks of mercury contamination. The government has announced plans to reduce exposure to mercury disposal from gold mining but has provided few details on implementation.

Gender-Based Violence and Reproductive Rights Violations:

Women and girls in Bolivia are at high risk of gender-based violence, despite laws criminalising femicide and establishing comprehensive measures to prevent and prosecute such crimes. However, corruption, lack of adequate investigation, and a dysfunctional judiciary have hampered convictions.

Violations of Rights of Persons with Disabilities:

While laws prohibit discrimination against persons with disabilities, these laws are not effectively enforced. Architectural and infrastructure barriers limit the mobility of individuals with physical disabilities in urban areas.

Violations of Workers' Rights:

Forced labour and child labour remain serious issues in Bolivia, particularly in domestic service, mining, agriculture, and ranching. The minimum age for employment is not effectively enforced, and children as young as 10 are working in hazardous industries.

Other Issues:

Bolivia has also been criticised for its response to the COVID-19 pandemic, including insufficient measures to prevent forest fires and inadequate steps to ensure access to education and food for indigenous communities during lockdowns.

Lack of judicial independence

Bolivia's justice system has been plagued by corruption, delays, and political interference for years. The country's judiciary faces serious threats to its independence, including insufficient financial resources and the prolonged use of temporary judges.

Insufficient Financial Resources

Bolivia's judiciary faces budgetary constraints that hinder the development of strong judicial institutions and impact the interest of qualified professionals in joining and remaining in the judiciary. In January 2021, the salaries of judges and judicial personnel nationwide were reduced due to the passing of Financial Law 1356. This law cut the entire budget for the judicial branch by approximately $26 million, and these cuts were not temporary or reversed later. In the past three years, the budget of the judicial branch has not exceeded 0.5% of the total national budget.

The continuing lack of resources can lead to corruption in the judicial branch. According to the United Nations Basic Principle 7 on the Independence of the Judiciary, states must provide adequate resources to enable the judiciary to perform its functions properly. The Inter-American Commission on Human Rights has noted that states without legal provisions allocating a percentage of the national budget to the judicial branch face serious threats to independence.

Prolonged Use of Temporary Judges

Bolivia's judicial career system, as enshrined in the 2009 Constitution, is designed to safeguard judicial independence. However, many judges have occupied temporary positions for over twelve years, and only two rounds of public calls for fixed-term positions have been conducted in that time, resulting in approximately 300 judges being appointed through this method. The excessive use of temporary judges breaches UN Basic Principle 12 on the Independence of the Judiciary, which guarantees tenure until a mandatory retirement age or the expiry of their term.

The provisional status of judges not only affects their rights and working conditions but also generally impacts access to impartial and independent justice for individuals across the country. The process of evaluating and appointing judges to fixed-term positions has been criticised as demonstrating undue influence and intervention by the executive power.

Other Concerns

Bolivia's judiciary faces other issues, including arbitrary arrests and detentions, a dysfunctional judiciary, and a lack of protection for human rights defenders. There are also concerns about the government's commitment to freedom of expression and the press, with reports of violence against journalists by state security forces.

Poor prison conditions

Prison conditions in Bolivia are poor, with overcrowding, violence, and inhumane treatment of inmates being commonplace.

As of March 2017, there were 54 prisons in Bolivia, incarcerating 16,613 people. This is a rapid increase from the prison population of around 8,700 in 2010. Overcrowding is a serious issue, with the total prison population at three times the capacity of the prisons. An investigative survey of 20 rural prisons found that they lack the basic infrastructure necessary to function humanely.

In March 2023, the prison population was 18,260 inmates, representing a 270% overpopulation. The problem is most acute in the 20 urban prisons, which have a combined capacity of 5,436 people but held 15,581 inmates.

Prisoners have to buy or rent their cells from other inmates, with money made working in the prison, and can even pay for their families to live with them. Prisons are often controlled by a "rigid pyramid system", with a powerful prisoner at the top. Extortion, threats, and beatings are commonplace, and prisoners have to pay rent and membership fees.

There is ample violence in Bolivian prisons involving both prisoners and prison officials, and corruption on the part of wardens and guards is widespread. Well-off inmates can arrange for improved living conditions, more liberal visiting rules, shorter prison terms, and transfers to better prisons.

The right to a fair trial and detainees' rights are a significant concern in Bolivia. Around 66% of all Bolivians in detention have not been convicted of a crime, and extended pretrial detention and trial delays lead to overcrowding and poor conditions. By mid-2019, more than 19,000 inmates were packed into prisons built to hold a maximum of around 5,000.

The Inter-American Commission on Human Rights visited Bolivia in March 2023 and expressed particular concern about the judiciary's lack of independence from the government. In August, the commission requested information from the authorities on the condition of César Apaza, the ex-leader of an association of coca leaf producers who had been in pretrial detention since September 2022.

In Bolivia, the national police, under the Ministry of Government, have primary responsibility for law enforcement and the maintenance of order within the country. However, the Armed Forces, which report to the Ministry of Defense, may be called to help in critical situations.

Gender-based violence

In Bolivia, one in three women experiences physical or sexual violence within their lifetime. More than half of women (52.3%) report having experienced physical or sexual violence by an intimate partner, but only 1% of all gender-based violence cases are prosecuted and convicted. Women with disabilities are 10 times more likely to experience sexual violence than women without disabilities, and seven out of ten women with disabilities report having been subjected to violence within their families. It is estimated that only a small percentage of cases are reported, given the dependency of many women and girls with disabilities.

Bolivia has the highest number of teenage pregnancies in Latin America, which is often linked to cases of sexual abuse. The country has made important progress in narrowing gender gaps and addressing gender-based violence, with substantial improvements in women's access to education, health, land ownership, and public office. However, significant challenges remain.

To combat gender-based violence, the Bolivian government has developed a draft law prohibiting such violence through a consultative process with civil society. Special courts and prosecutors for dealing with violence against women have been established, and units have been set up to expedite court cases. A commission for reviewing femicide and rape cases and the release of perpetrators has also been established. Femicide has been criminalised, and training and capacity-building programmes for judges are being updated to ensure that cases of gender violence are appropriately tried.

Community-based organisations and initiatives are also working to prevent and respond to gender-based violence in Bolivia. For example, Humanity & Inclusion works with communities to reduce risks and protect women with disabilities. They educate women and girls about their sexual and reproductive health, strengthen financial resilience, promote women's rights, and strengthen community resources for violence prevention and care.

Lack of freedom of expression

Bolivia is a constitutional, multiparty republic with an elected president and a bicameral legislature. However, the country has faced criticism for its lack of freedom of expression, which is guaranteed by its constitution.

In practice, there is a gap between the constitutionally guaranteed rights and the freedom of expression, with the government taking some alarming measures that run counter to fundamental human rights standards. The Morales administration, for example, lashed out at journalists, accusing them of publishing lies and politically-motivated distortions without presenting any evidence. The government has also been accused of pressuring and intimidating journalists to report favourably on government policies by withholding advertising and imposing steep taxes. In the context of post-electoral violent protests, several news outlets and journalists were attacked or threatened, and at least four outlets had to temporarily cease broadcasting.

In 2013, the Morales administration passed a law and decree that grants the government broad powers to dissolve civil society organisations. Under the decree, any government office may ask the Ministry of Autonomy to revoke the permit of an NGO if it performs activities outside of those listed in its bylaws or if its legal representative is convicted of crimes that "undermine security or public order". These measures give the government significant power over independent civil society groups.

In addition, the government lacks transparent criteria for using government funds to purchase media advertisements, and some media outlets have accused the Morales administration of discriminating against those who criticise government officials by withholding advertising.

In 2012, there were discussions in Bolivia about passing a law that would specifically target users who insult President Evo Morales and his government on social media outlets. While this proposal does not appear to have been enacted, it raises concerns about the protection of online freedom of expression in the country.

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