BOLIVIA'S REPORT INTRODUCED IN HUMAN RIGHTS COMMITTEE

Press Release
HR/CT/479

BOLIVIA'S REPORT INTRODUCED IN HUMAN RIGHTS COMMITTEE

The Government of Bolivia was making every effort to strengthen human rights, gender equality and improve the conditions of its indigenous population, an official of the Government told the Human Rights Committee this morning, as it began consideration of Bolivia's compliance with the International Covenant on Civil and Political Rights.

The Under-Secretary of State for Human Rights in the Justice Ministry of Bolivia, Katia Saucedo Paz, introducing her country's second periodic report, said laws had been introduced to remedy abuses of the past and now all Bolivians were equal before the law, with the rights of Indians in the countryside also protected and guaranteed.

Turning to the list of questions prepared by the Committee, she said that in cases of grave danger of internal disorder a state of siege might be declared in such areas of the territory as necessary. Such a state had been declared in April 1996 when, she said, leaders of labour unions had engaged in violence and blockades. As pointed out in her country's report, a number of trade union leaders were arrested and imprisoned, but were gradually released within weeks.

The Counsellor in Bolivia's Commission of Reforms, Rosaly Ledezma, addressed questions regarding torture, which, she said, was prohibited. Its practice required immediate removal from office. Addressing Bolivia's anti- drug laws, she said that under the old laws individuals were held until their case was heard by the Supreme Court, which had been a breach of the presumption of innocence. Under current law, the Public Defender's Office provided representation for those who could not afford trial in drug cases. On another issue, she said the question of land and land tenure was among the most important issues for indigenous populations. A new law recognized their desire to hold title to lands not as individuals, but as groups. They could then deal with the allocation of those lands within their communities in accordance with their customs.

Questions were raised by Committee experts from Ecuador, Chile, United Kingdom, Australia, Egypt, India, Israel, Germany, United States and Colombia.

The Human Rights Committee will meet again at 3 p.m. today to resume its consideration of the periodic report of Bolivia.

Committee Work Programme

The Human Rights Committee met this morning to begin consideration of Bolivia's second periodic report on its compliance with the International Covenant on Civil and Political Rights (CCPR/C/63/Add.4).

Article 40 of the Covenant provides that State parties submit reports to the Committee on the Covenant's implementation. The report should, among others, provide information on changes made or proposed in laws and practices relevant to the Covenant, and progress made since the Committee last considered the State party's implementation of the Covenant.

The report states that Bolivia, a founding Member of the United Nations, has since 1983 returned to a democratic system following a succession of de facto military governments. Constitutional guarantees are respected and international human rights covenants observed. The various reforms introduced by the Government to modernize the State and promote social progress are being carried out within the framework of the laws and the Constitution.

The report notes that, despite the efforts made by the present Government to secure full respect for human rights for all sectors of Bolivia's society, the legacy of the past persists in the mistreatment of some races in remote areas. "This is the case of the Guarani people, many of whose members are subjected to real and systematic exploitation by estate owners in the south-east of Bolivia", the report states. A commission, composed of representatives of the Government and civil society, has been established to ensure the effective exercise of the rights of the Guarani people.

The legal equality of all Bolivians is expressly recognized in the Constitution and no distinction is made between men and women, the report continues. It states, however, that women remain in a clear minority at all levels of decision-making, especially at the highest levels of Government, parliament, judiciary and political parties. Any person whose fundamental rights are violated is entitled to bring proceedings of habeas corpus or of amparo, to secure redress for illegal acts on the part of officials or private individuals. The State recognizes and upholds the Roman Catholic Apostolic religion, as well as the public exercise of any other worship.

On the issue of the free disposition of natural wealth and resources enshrined in the Covenant, the report states that these are disposed of freely, with the exception of the production and marketing of the coca leaf, which is controlled by international agreements and by Bolivia's own laws. Coca could be legally sown only in certain areas of the country. A large group of the population, however, believes that the coca leaf is a natural resource of the Bolivian people and, considered without reference to the chemical processing of drugs, is part of the sociological reality of the

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country's rural world. That belief accounts for the strong peasant opposition to the eradication of coca plantations, the report observes.

Dealing with derogation from its obligations under the Covenant, the report says that Bolivia's Constitution authorizes the President, in exceptional cases and with the consent of the Council of Ministers, to declare a state of siege in any part of the country. Guarantees and rights contained in the Constitution can be suspended, with respect to specified persons charged upon good grounds with conspiring against the public order. A state of siege was declared on 18 April 1996, owing to serious disturbances caused by leaders of the teaching profession opposed to an education reform act. A number of trade union leaders were arrested and imprisoned, but were gradually released. On 5 May 1996, the last detainee was set free. Bolivia has now returned to normal, and full respect for human rights had been restored, the report states.

According to the report, Bolivia's Constitution regarded the right to life as the most important fundamental right. The death penalty did not exist. The most serious crimes -- murder, parricide and treason -- are punishable by 30 years imprisonment, without the right of pardon. Criminal legislation provided severe punishment for the crime of genocide.

The report states that, although torture and cruel treatment are categorically prohibited, they still occurred in reality, especially in criminal investigations. The Government is firmly determined to eradicate the evil. With the sole exception of a number of Guarani families, a minority race, the report says that no servitude of any kind existed in Bolivia. All Government policies were designed to improve the standard of living, with the provision of basic services, adequate remuneration and education for all.

The Covenant's provision on the right of detainees to be treated with humanity is not yet fully observed in the prison system, the report states, despite the Government's efforts to eliminate situations and practices left over from a distant past. The existing prison structure was incompatible with Bolivia's modern prison legislation. Prison life was being humanized with the opening of a new prison and the completion of a large one specifically designed to implement policies of re-education and social rehabilitation.

The freedoms of thought, opinion, peaceful assembly and free association are recognized and effectively exercised in practice, the report states. Propaganda for war and advocacy of national, racial or religious hatred are prohibited by law. All political opinions, criticisms of reports of violations of human rights are permitted and protected. Public officials and members of civil society enjoy and exercise these rights in the broadest possible manner.

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The report states that the Constitution, family code and minor's code protected the rights of the family and child. However, there are other laws and situations that undermined such guarantees. For example, legislation that enhanced the privacy and independence of the family also established a social tolerance of domestic violence to the point of granting it impunity. A new penal code was being prepared to replace an old one which established broad legal impunity for assaults and ill-treatment of every kind. In addition, Parliament was discussing a domestic violence bill to provide effective remedies.

On the rights of ethnic minorities provided for in the Covenant, the report states that Bolivia was a multi-ethnic country in which the right to lead one's own cultural life, profess and practise one's own religion and to use one's own language is guaranteed. Special rights have been granted to various indigenous peoples to safeguard and protect them. They had been allocated geographical areas for their exclusive use. The measures are aimed at guaranteeing their physical survival and their social, cultural, economic and political development, the report adds.

List of Issues on Bolivia's Report

The Committee's list of issues to be raised on Bolivia's report, approved at a meeting of the Committee yesterday, includes: information on the use of weapons by the police; the death penalty; torture; extra-judicial executions; disappearance and arbitrary arrest and detention; gender equality; and minority rights. Questions will also be raised on the status of the Covenant, human rights education, right to life, independence and impartiality of the judiciary, legal aid and freedom of expression.

Bolivian representatives will also be asked to provide information on: the laws and regulations governing the proclamation of a state of siege; the nature and impact of the state of siege proclaimed during the period under review; and the safeguards and remedies applicable to individuals during the state of siege.

Information will also be requested on: the rules and regulations governing the use of weapons by the police, the Special Anti-Narcotics Force and the Mobile Rural Patrol Unit; and steps taken to repeal or amend relevant articles of Bolivia's penal code that provides the death penalty for a series of crimes, to bring it in line with article 7 of the country's constitution, which abolished capital punishment.

The Committee will also be asking Bolivia to provide information on the practice of "criadito" service and on eventual measures taken to combat the practice or to prevent abuses during the indenture period, as well as on the exploitation of the Guarani people in the agricultural sector. Similarly,

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information will be sought on the employment of minors and measures taken to combat the practice. Bolivia will be asked to indicate whether the provisions of the Covenant had been invoked before any State organs, mentioned in judicial decisions or applied in precedence of a conflicting provision of domestic law. Additional information will also be sought on measures taken to ensure freedom of expression and to protect those threatened because of their political opinions.

Introduction of Bolivia Report

KATIA SAUCEDO PAZ, Under-Secretary of State for Human Rights in the Justice Ministry of Bolivia, introducing her country's report, said that an attempt had been made to strengthen human rights. Referring to the legacies of the past, she said the penitentiary system had been alarming, with even debtors being imprisoned. Laws had been introduced, however, to remedy all those abuses. For example, a pardon law for minors and the elderly had been introduced. In December 1995, a law against domestic violence was passed to eliminate abuses against women. On 2 February 1996 a law to correct delays in the administration of justice was adopted. Bolivians were all equal before the law, she added.

She said that 30 per cent of the individuals in the national penitentiary, who had been held for years without sentencing, had been freed. As a result of the new law, Bolivia now had very few such persons imprisoned. Constitutional guarantees now existed to protect persons with different political or other views, as well as those without access to legal counsel because they were poor. A public defender office had been established to help the poor. Branch offices had been established in rural areas, including areas of illegal drug trafficking.

A decree recently introduced guaranteed and protected the human rights of the elderly, she continued. The penal code had been reformed to guarantee those rights. Laws had been introduced to protect and guarantee rights for Indians in the countryside. The death penalty had been abolished. The Government had published and disseminated a pamphlet on the rights of the individual. She said the State was duty bound to respect the rights of indigenous people. However, normative instruments were needed to strengthen the rights of the people and laws must be consolidated and various institutions established to bring about social peace and progress.

Turning to the list of questions prepared by the Committee, she said that in cases of grave danger of internal disorder, a state of siege could be declared in such areas of the territory as necessary. In one instance, a state of siege was instituted when leaders of trade unions had engaged in violence and blockades, upsetting public peace, safety and security. Following a Supreme Decree, a 21 April 1995 resolution of Congress had adopted

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the state of siege. Acts of violence resulting from drug trafficking had led to its further extension throughout the entire nation for 90 days.

During a state of siege, the executive could increase the staff of the military and call upon reserves, she said. It could impose taxes, as necessary. It had 48 hours to provide all information to the judge on all issues involving arrests. Rights enshrined in the Constitution were not suspended by virtue of the state of siege, but they could be suspended with respect to specific individuals labelled as having caused the problems. Exile in such cases was prohibited.

With respect to use of weapons by the police, she said that in Bolivia during times of dictatorship, prior to October 1992, the police did engage in various forms of persecution. However, the Ministry of the Interior had subsequently been given responsibility for supervising the police. Under democracy, the police had to protect and respect human rights and the dignity of any person against any abuse of authority or undue use of force. There was also an obligation to hold an investigation when there were fatalities. Special laws existed with respect to activities relating to drug trafficking.

While the current Constitution did not specifically mention abolition of the death penalty, reforms to the penal code had replaced it with a 30-year sentence. A procedural framework for the death penalty was later established. Bolivia had demonstrated very clearly that it was in favour of doing away with the death penalty entirely and hoped to remove it from the penal code altogether.

ROSALY LEDEZMA, Counsellor in the Commission of Reforms, addressed questions regarding torture, which, she said, was prohibited. If practised, the official would be immediately removed from office. Allegations of human rights violations were investigated by such bodies as the Ministry of Justice, a special body of the House of Representatives, and the prosecutor's office. Where there was evidence of human rights violations through torture or physical violence, any evidence obtained through such actions was considered null and void.

With respect to detention, she said that when a sentence came to an end, the individual was immediately released. It was also now possible for people to be released on their own recognizance -- a law which had a particular impact on those too poor to post bail. Under the Constitution, anyone being detained unlawfully could take resource to the courts and the use of habeas corpus. In the past, judges did not take action within 24 hours, as required. Now, if action was not taken on the habeas corpus remedy within 24 hours of its submission, the issue was resolved in favour of the accused.

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Addressing Bolivia's anti-drug law, she said the old law provided no possibility for provisional release. Individuals were held until their case was heard by the Supreme Court -- a breach of the presumption of innocence. As amended, that law now provided for provisional release. Under the old law, individuals were sometimes detained far longer than the actual sentence they might have received if found guilty. Further, in cases involving 18 months of detention without a sentence being handed down by the first court, the individual was immediately released.

Under current law the public defender's office provided representation for those being tried for drug crimes, but who could not pay for their defense, she said. In all cases, the possible practice of torture or coercive measures to exact confessions were inadmissible.

Continuing, Ms. SAUCEDO PAZ said that there were many shortcomings as far as detention conditions were concerned, but efforts were being made to improve them. The first phase of construction on a new penitentiary had been completed and the old prison was being used for women. A new law had resulted in the release of approximately 50 per cent of the prisoners. Individuals under 18 could now be detained only if their offences fell under certain categories. Steps were being taken to include rehabilitation programmes in the penitentiary system, but budgetary difficulties were hampering that development. Many non-governmental organizations had a number of programmes on training and human rights education for prisoners. The Justice Ministry, through the public defender's office, also had similar programmes.

The multi-ethnic nature of the Bolivian population was acknowledged by the Constitution, she continued. The indigenous community could hold public office as long as they fulfilled the requirements laid down under the law. They could also participate in elections and hold elective office. Continuous progress was being made in that area, she said.

Ms. LEDEZMA, said that educational reforms introduced ensured the protection of the cultural values of the indigenous population. Steps had been taken to enhance and enforce the rights of women, including those of indigenous women. Measures had also been taken to ensure equity for women. The education reform law ensured that women had equal access to education. Gender equality had been stipulated in the education reform law and broader participation of women was also encouraged. A law had been introduced to protect women and minors against domestic violence. Wide-ranging guarantees had been provided for families and progress had also been made in integrating legal services to help women.

Ms. SAUCEDO PAZ said that 11 per cent of the directorships in companies and other bodies were held by women. The electoral reform law introduced recently would ensure that 30 per cent of the parliamentary candidates were

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women. A national programme had been devised to ensure equal participation of women in decision-making positions in the public and private sectors.

The majority of Bolivia's population was indigenous, she continued. Citing one of those groups, she said a protected area had been established, under which the indigenous population administered a large portion of that territory. Members of indigenous groups were also Bolivian citizens, so they could serve as Bolivian representatives. Groups promoting indigenous rights were active in Bolivian society.

Ms. LEDEZMA said the question of land and land tenure was among the most important issues for indigenous populations. A new law recognized their desire to hold title to lands not as individuals, but as groups. They could then deal with the allocation of those lands within their communities, in accordance with their customs. The systems of justice in indigenous communities was also being addressed. It often resolved disputes through more peaceful solutions. For example, theft was punished by having the individual perform service to the family that had been victimized. Such forms of dispute-settlement were not being formalized, but they were being recognized.

On the question of forced labour, she said some measures had been taken, including a bill that regulated domestic work. That bill recognized the rights of domestic workers to social security, maximum working hours, rest and vacation. In certain areas, where there was an ongoing claim by indigenous populations that they had to render forced labour, provisions were being made to investigate such complaints and take action. Forced labour was punishable by law. Forced labour could be imposed as a penalty only with the consent of the individual concerned.

In a country such a Bolivia, the need for children to work was rooted in structural conditions of dire poverty, she said. One suggestion being made would completely abolish labour by children under the age of 12, by helping families. For those aged 13 to 14 years, training would be provided. For those 15 years and older, programmes were planned to help them engage in a particular profession. However, there was no point in prohibiting the employment of minors unless they could be provided with such assistance.

Therefore, others suggested that prohibition simply made the situation more difficult to control, she said. Employment of minors then became more cruel, because it took place at the margins of the law. Under that view, the law should ensure that children were not compelled to work in unhealthy conditions, and that their rights to social security and protection were ensured. A gradual elimination of the practice was then envisaged, as the country's situation improved.

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Comments and Questions

JULIO PRADO VALLEJO, expert from Ecuador, said Bolivia's report was honest and did not conceal the problems. Bolivia had presented both sides. With respect to the numbers of those held in detention, Bolivia had made greater progress than many Latin American countries. Provisions that made it possible to grant individuals freedom on their own recognizance represented a major step forward.

The Covenant provided for specific rights that could not be suspended, even under states of siege, he said. The provisions by which the rights of certain individuals could be suspended under such a state gave rise to concern. There was also a very clear limitation on the right of expression by peaceful demonstration, which had led to problems in Bolivia. During such peaceful demonstrations by indigenous populations, police have acted in a harsh and repressive manner. Those occurrences had not been duly investigated, nor had those responsible been punished. That situation must change, as a matter of urgency.

In Bolivia's jails, nearly everyone was held incommunicado, he said. That was out of step with human rights standards and ran counter to the Covenant. Bolivian trade unions had demonstrated peacefully to defend their rights, but violence had been meted out against them. Police violence was even harsher with respect to peaceful protests by the indigenous communities, resulting in deaths. With respect to efforts to stop the coca harvest, there had been undo violence by the police, with no provisions for due process. Although some positive changes had been made in Bolivian legislation, there were still gaps in that reform process.

The farmers and peasants must be protected, he said. The production of coca leaves could not be stopped by force, but it could perhaps be replaced with other products. Two indigenous figures had been killed, and it was not clear whether investigation and follow-up action had been taken. The means applied to eliminate coca leaf production involved police violence. In September 1996, some 12,000 peasants had travelled to La Paz for a protest, where they were violently punished. Some died, many were detained and hundreds were injured. He requested more information on those events.

In another confrontation, there were 8 dead and 30 injured, he said. Also 28 persons had disappeared. Had there been any investigation of those cases? he asked. What was its outcome?

With respect to freedom of religion, it seemed there were special guarantees for Catholicism, but not for other religions, he said. For example, in the armed forces, provision was made for the practice of Catholicism, but the other religions could not be practised. Information was

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needed on that situation. Acts of discrimination were not characterized as such in Bolivian penal law. As a result, discrimination was carried out, particularly with respect to the indigenous communities. That matter must also be addressed.

CECILIA MEDINA QUIROGA, expert from Chile, noted the enormous progress made in legal reform in Bolivia. She asked about the procedures for the investigation of torture cases and how individuals were protected against torture. Were the investigations monitored? Were victims compensated? It was her view that there was no due process. Some measures taken to remedy past problems still seemed to fall short of the Covenant provisions. She noted that the preventive detention laws had gaps and did not conform to the Covenant provisions.

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, said the Committee had been considerably enlightened by what the Bolivian delegation had so far said. The Bolivian Government had been honest about the problem of judicial delays, which were well known, and delays of that sort were unacceptable. Upon whose initiatives were people freed on bail? Did the courts do that on their own volition? He also asked whether offenders had access to a lawyer. He observed that a person upon arrest should have access to a legal representative, who thereafter should also have access to the detainee. Under what circumstances was a detained person granted access to a lawyer? he asked.

ELIZABETH EVATT, expert from Australia, noted that there seemed to be a commitment in Bolivia to bring about change in the legal system. Unless the rule of law was followed precisely in the war against illegal drugs, there would be violations against the Covenant, she observed. Turning to the state of siege proclaimed by the Government last year during protests against an education reform law, she asked when the Government took that action. How many of those arrested were charged and who suspended their rights? Were warrants for the arrest issued in each case and were the detainees brought before a judge within 48 hours, as required by law? Was the 48 hour rule respected? Were any of the 400 who were arrested later convicted? Noting the high rate of maternal death in Bolivia, she asked what steps were being taken to protect women from unwanted pregnancies.

OMRAN EL SHAFEI, expert from Egypt, cited the efforts of the Bolivian Government to correct the injustices that prevailed under the previous administration. A State institution had been created specifically for the protection of human rights. Another such institution was the office of the Ombudsman. Many steps were being taken in the right direction. Bolivia's report also detailed the factors impeding the full enjoyment of human rights by its people. It was frank, honest and objective.

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He requested additional information on measures being taken to correct the situation of the Guarani people. Had the bill aimed at countering violence against women and the family been adopted? Were the authorities taking any other measures to that end? The report indicated that the death penalty should not still exist in Bolivia, under the Constitution. Nevertheless, the current penal code apparently permitted it for certain crimes. Did the Government intend to abolish those provisions of the penal code?

The report indicated that, despite institutional rules, cases of torture persisted, especially in the investigation of crimes by police, he said. In cases that were investigated, what punishment was given to those found guilty? How long did custody for questioning last? Was evidence obtained through illegal interrogation admissible? How did the Bolivian authorities define illegal interrogation? Were detainees interviewed by doctors, either before or after interrogation?

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, expressed appreciation for Bolivia's frank and honest report, and for its progress towards wiping out the unpleasant legacy of its past. However, a number of matters remained worrisome and required clarification. What mechanism had the Government set up to give effect to the views expressed by the Human Rights Committee? With respect to military service, there appeared to be no provision for the exclusion of conscientious objectors or for their alternative service. He requested further information on that issue.

Had the office of the Ombudsmen been filled? he asked. If not, why did it remain vacant? Had any action been taken to investigate human rights violations that had recently been recorded by a human rights office? Was compensation provided to those affected? A large number of people had been arrested without warrant prior to declaration of the state of siege. If such a suspension of rights took place, was the required information provided to the Secretary-General, as called for by the Covenant?

What mechanism had been set up to bring acts of violence against women to light and before the courts? he asked. Given social attitudes, there were bound to be problems of implementation. What had been done to give effect to existing laws on the matter?

DAVID KRETZMER, expert from Israel, said the information provided today on use of weapons by the police had not been adequate. What were the exact conditions under which police forces were allowed to fire on people? Was there an investigation every time arms were used to ensure that they were used in accordance with those regulations?

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What mechanisms existed for examining complaints against the police? he asked. Information provided by non-governmental organizations indicated there was total impunity, and that no cases were brought against the police for using force or violence against individuals. Who conducted investigations of the police and what happened as a result of such complaints? What were the current conditions in the San Sebastian prison for men, which was said to be overcrowded by 350 prisoners? It was said many had no place to sleep. There were also reports of prisoners being sent far from their homes, with no provision for daily subsistence.

ECKART KLEIN, expert from Germany, asked for information on the so- called "security houses" -- clandestine detention areas where detainees were taken, kept and tortured. He drew attention to a particular law that was manifestly unconstitutional and incompatible with the Covenant, asking why it had not been repealed or modified. Were the reports of national non- governmental organizations freely disseminated?

Any suspicion or indication of impunity must be avoided, he said. There was much information indicating that no determined investigation or prosecution of the police was taking place, in particular the anti-narcotics forces and "mobile petrol unit". What was the reason for that? Did complaints reach the level of judicial proceedings, or were they denied at an earlier stage? How was the right of an ethnic group to use its own language guaranteed? How was that right employed in practice? Could such groups come before the courts in their own language?

THOMAS BUERGENTHAL, expert from the United States, said the accomplishments of the Bolivian Government were significant, particularly in view of the situation that prevailed earlier. The anti-narcotics police seemed to give rise to many human rights violations. Who had jurisdiction over that unit and its administration? What human rights training did that unit receive, if any? Could the names of police convicted for human rights violations be provided? With respect to the coca eradication programme, had any provision been made for governmental human rights observers to be present during its operations?

How did a strike by teachers justify imposition a state of emergency? he asked. What happened to individuals who had been detained during a state of siege? If they challenged that detention, were they entitled to receive compensation?

PILAR GAITAN DE POMBO, expert from Colombia, asked whether crimes against mankind were included under the military penal regime. The Bolivian delegation had stated that when public officials were seen as engaging in human rights violations, some had been suspended and some transferred. Why had they been transferred? The problem would then appear in another post. What measures had been taken to protect defenders of human rights?

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