HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF BOLIVIA'S SECOND PERIODIC REPORT

25 March 1997

Press Release
HR/CT/480

HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF BOLIVIA'S SECOND PERIODIC REPORT

19970325 Incommunicado Detention, Torture among Issues Addressed; Experts Commend Bolivia's Efforts, Frank Approach to Problems

Bolivian law and practice with respect to incommunicado detention, impunity, the use of force and torture by the police, and the causes of overcrowding in its prisons were among the matters addressed this afternoon, as the Human Rights Committee concluded its consideration of Bolivia's report on compliance with the International Covenant on Civil and Political Rights.

The Bolivian Government was commended for the efforts it had made since replacing the prior dictatorship, and for the frank and honest manner in which its report discussed the human rights problems the country faced. Nevertheless, the Committee's expert members raised concern about the need for legislation to be adopted and action taken to ensure the implementation of Covenant provisions.

Another matter that received considerable attention was the country's handling of indigenous populations and the safeguarding of their rights. The experts asked for specific instances in which individuals had been prosecuted for human rights offences, found guilty and punished. Repeatedly, they stressed the importance of implementation.

Addressing concerns about violence and reported human rights violations associated with Bolivia's efforts to stop production of the coca plant, a representative of that country said a human rights office had been established by the Government in December 1995 in a region where coca was produced. He went on to say that Bolivia was under great pressure from certain countries that provided it with aid to try to eliminate coca leaf production. The Government was implementing plans to replace coca production with other cash crops, but the price of those crops did not compare favourably. Even so, the efforts to promote alternative crops would continue, he said.

Questions and comments were raised by the experts from Japan, Canada, Finland, Mauritius, Italy, United Kingdom, India, Chile, Ecuador, United States, Germany, Egypt, Australia, Israel, Lebanon and France.

The Human Rights Committee will meet again at 10 a.m. tomorrow, 26 March, to begin consideration of the initial report of Georgia on its compliance with the Covenant.

Committee Work Programme

The Human Rights Committee met this afternoon to continue its consideration of the second periodic report of Bolivia on its compliance with the International Covenant on Civil and Political Rights. The Committee's expert members were expected to begin by raising additional comments and questions on the presentation made this morning by the Bolivian delegation. (For background on Bolivia's report, see Press Release HR/CT/479 issued today.)

Comments and Questions

NISUKE ANDO, expert from Japan, welcomed Bolivia's report, but noted the delay in its submission. Also, the report states that, according to article 221 of Bolivia's Constitution, citizens who could read and write and met specific conditions might be elected to public office. What was the justification for the exclusion of illiterate persons?

MAXWELL YALDEN, expert from Canada, stressed the importance of effective implementation by Bolivia of its human rights commitments. How many charges had been laid against such organizations as the special police and the paramilitary, and how many were found guilty of human rights violations? he asked. Further, the report did not say how many prosecutions and convictions had been for the crime of torture. With respect to some of the human rights bodies mentioned in the report, what were their powers and what were they doing?

MARTIN SCHEININ, expert from Finland, expressed admiration for the open and frank manner in which the issue of torture, ill treatment and abuse of police powers had been addressed in the report. However, more specific information on corrective measures was needed. What measures were being taken to protect forms of economic life specific to indigenous groups? Were there any measures to protect the role of indigenous women in such forms of economic life?

Bolivia Response

Responding to the issues raised by the experts, MARCO ANTONIO VIDAURRE, of the Permanent Mission of Bolivia to the United Nations, said that drug trafficking had a huge impact on the economic and social life of the country. That impact had to be understood for the human rights situation in the country to be appreciated. Fifty-four per cent of the population was urban, the rest rural and the worst social conflicts of the last 10 years had been in areas where coca leaf was produced. The conflicts had been worse before the present Government came to power. Following those conflicts, which were particularly

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violent, the Government had established, in December 1995, a human rights office in a region where coca leaf was produced.

Peaceful demonstrations were recognized, he said. Bolivia was under great pressure from certain countries that provided it with aid to try to eliminate coca leaf production. Efforts were being made to do so. The Government was implementing plans to replace coca leaf production with other cash crops, but the price of alternative crops did not compare favourably with coca leaf. The Government, however, would continue its efforts to promote alternative crops.

KATIA SAUCEDO PAZ, Under-Secretary of State for Human Rights reforms in the Justice Ministry of Bolivia, said the Government recognized that its law to combat drug trafficking violated the Covenant provisions. Reforms had been introduced to remedy the situation, but laws carried over from the colonial days could not be replaced overnight. Structural reforms were being undertaken.

ROSALY LEDEZMA, Counsellor in the Commission of Reforms, also confirmed the shortcomings in the law to combat drug trafficking. The police could not take measures that restricted human rights. The criminal procedures were being changed to ensure, among others, the payment of compensation to those whose rights were violated. A new constitutional law was still pending, as was a new law on preventive detention. Military courts heard only cases involving or affecting the military.

The Constitution recognized guarantees established by the Covenant, she said. The new code of criminal procedure had machinery to protect those guarantees, such as habeas corpus. The police were in no way empowered to violate such rights. For example, they were not allowed to obtain confessions under duress or psychological pressure and such a confession could not be used at trial. Also, the draft criminal code of procedure clearly established that individuals involved in drug offences could not be held for more than six months without trial.

Judges ensured that no fundamental rights were violated during investigations, she said. The new criminal code would have checks and balances. The legal reforms being introduced, however, were causing a lot of social problems. Strikes and blockades had resulted in the state of siege proclaimed last April. Persons arrested but not directly involved in the disturbances had been released. The Constitution had no provisions to regulate the state of siege. Most of the 400 people detained after the state of siege were released after 90 days. There had also been social upheavals in the coca leaf growing areas, resulting in the continued proclamation of the state of siege. On 17 June 1996, the state of siege had ended and the rights of those earlier detained restored.

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Continuing, Ms. SAUCEDO PAZ said a person could be held incommunicado only in very grave cases and it could not go beyond 24 hours. From the moment of detention, the citizen had the right to legal counsel. A Public Defender's Office had been created to provide legal assistance free of charge for those who could not afford to pay. It now had 26 offices functioning in Bolivia, including mobile units which moved throughout the country. The law on setting people free on their own recognizance said a person could not be held without charge for longer than 48 hours.

There were structural and budgetary problems in Bolivia's prison system, she said. The penitentiaries were overcrowded. It was extremely difficult to improve conditions in penitentiaries, but that process was seen as being very important.

Ms. LEDEZMA said technical arrangements were being made to get new financing, including from some European countries, to improve the penitentiary system. In some cases sentences were deferred when there was no room in a prison, until such space became available. The current reforms were framed in the context of the United Nations minimum standards for the treatment of prisoners.

Although there were rules on the use of force by the police, they were not entirely complied with in practice, she said. There was no point in concealing that, if there was to be any possibility of changing the situation. The police force must be retrained and made to understand it was an institution whose purpose was to safeguard all the citizens of Bolivia.

With respect to torture, she drew attention to a case which had been denounced by non-governmental organizations. In that case, prosecutions had taken place and the commander of the police unit in question had been fired. As for the transfer to other locations of police officers found guilty of such abuses, she said current law provided that recourse should first be taken to such administrative disciplines. When the new draft penal code of procedure was adopted, that problem should be addressed.

It had been asked whether the victims of such abuses had been compensated, she said. That was something that was now being established, including a fund for assistance to victims and a budget, which could channel funds to compensate victims. However, that required great ingenuity for a country such as hers, which had faced such financial difficulties. Machinery to coordinate the action of various bodies was also being created. There would be a public defender dealing specifically with human rights questions affecting the indigenous population, as well as one dealing specifically with penitentiaries.

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Ms. SAUCEDO PAZ said that, at present in Bolivia, comprehensive legal services were provided to women free of charge for domestic violence. Assistance was also provided for children who claimed to have been mistreated within the family. The reform of educational laws provided that any member of an indigenous community had the right to be educated in his or her native tongue.

Continuing, Ms. SAUCEDO PAZ said the Government had introduced human rights education in institutions of higher learning and in the secondary schools. On another issue, she said the rates of maternal infant mortality had dropped, adding that most maternal deaths occurred during pregnancy and were caused by infections and induced abortions. Responding to questions about equal treatment of refugees, she said that by a supreme decree of 1983, a national commission on refugees had been established and machinery set up to process refugee cases. Refugees were not discriminated against and they had freedom of movement.

Responding to a question about the independence and impartiality of judges, she said a constitutional tribunal was being established with powers to oversee the judiciary. There were 26 Public Defender Offices throughout the country and they dealt with an average of 100 cases a day. They had been given power to apply for habeas corpus. Public defenders had provided assistance to a very large number of people who could not afford legal help. There was a desire on the part of the authorities to respect freedom of expression. She observed that there had been excesses by the police, but there was equally a determination to deal with the problem.

Comments and Questions by Experts

RAJSOOMER LALLAH, expert from Mauritius, said that there had been a number of failures in dealing with the problem of human rights violations, and he could not accept lack of funds as an excuse. The Government should not be simply introducing new laws. Public education about human rights was necessary. Did judges know that Bolivia had undertaken certain international obligations pertaining to human rights? he asked. Beyond words, some genuine action was required. Those who exercise power must have a change of attitude, and a culture of human rights must be created. Also, was the United Nations informed when the state of siege was proclaimed last year, as required under the Covenant? Noting that the Government had timidly accepted the existence of servitude, he asked what it was doing to eradicate the problem.

FAUSTO POCAR, expert from Italy, said he was much impressed by the progress made in legal reform. Nevertheless, the Committee had some concerns that he hoped the Government would address. Thus, he had several questions. Was abortion legal or prohibited? Was there freedom of association, particularly by workers, and the right to organize collective bargaining? A

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number of standards established by the International Labour Organization had been violated and he would like to know what the authorities were doing to improve the situation.

PRAFULLACHANDRA N. BHAGWATI, expert from India, said poverty could not be an excuse for inaction by the Government in rectifying human rights violations. Judges, lawyers and law enforcement personnel required training on human rights issues. He asked whether legal aid was confined to criminal cases only or covered civil cases, as well. Was it also applied in cases against the State? He also sought more information on the treatment of refugees.

NISUKE ANDO, expert from Japan, also said that poverty could not be an excuse for failure to ensure respect and protection of human rights.

MAXWELL YALDEN, expert from Canada, said there was need for an independent ombudsman in Bolivia.

Responding to the comments and questions, Mr. VIDAURRE, of the Permanent Mission of Bolivia, said that the Government did not use poverty as an excuse for not dealing with all human rights problems. The Government was striving to improve the conditions of the people. It was engaged in a number of reforms in all spheres of life. In the last few years, children were being educated in their own mother tongue, depending on the area in which they lived. Land reforms had been introduced. Reforms were also being carried out in the judiciary, on rights of women and their representation in Parliament. He said that Bolivia's President had only yesterday received an award for the efforts his Government had been making to introduce reforms and improve the conditions of the people of Bolivia. He said Bolivia needed encouragement, not harsh criticism from members of the Committee.

He went on to say that the declaration of the state of siege had indeed been transmitted to the Secretary-General within one day of its imposition, through Bolivia's Permanent Mission in New York. In December last year, there were violent acts within the country. The Government had asked the Inter- American Commission of Human Rights to investigate the situation impartially, so the guilty parties might be punished.

The Chamber of Deputies could request oral or written reports from any branch of the Bolivian Government, he said. The Chamber then could decide either to approve the report or censure those involved.

Ms. SAUCEDO PAZ said abortion was covered by the Bolivian penal code. Abortion was permitted when required to save the life or health of the woman involved, when practised by a doctor with the woman's consent, or legal authorization if she was unable to do so. Illegal abortion was punished and

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the woman was held responsible, as well. The Catholic Church had taken part in a public debate on the question of abortion.

The Bolivian Constitution guaranteed freedom for the formation of trade unions, she said. Workers could declare a strike following conciliation and arbitration procedures, provided that the arbitration board and tribunal agreed and the strike was supported by at least three quarters of the union's working members.

She agreed that poverty could not be given as a possible justification for human rights violations. If the report seemed to say so, that might be a problem in translation. Structural reform of the judiciary had been undertaken. It was intended that all judges should be aware of human rights agreements signed by Bolivia. There was also a programme for judicial training, which was being undertaken with World Bank assistance. The Public Defender's Office dealt only with legal and technical issues in criminal situations. The assistance it provided was free of charge, on the condition that the person enjoying those services must not be able to afford to pay.

Mr. VIDAURRE drew attention to the large number of Peruvian refugees in Bolivia, as well as Peru's long border with Bolivia. Some 90 days ago, the events in Lima had resulted in the kidnapping of Bolivia's Ambassador there. It was a very sensitive issue and made it difficult to issue visas to some Peruvian refugees, in particular when they might be part of an organization that would seek to undermine the social order in Bolivia.

CECILIA MEDINA QUIROGA, expert from Chile, asked whether abortion in Bolivia had any attenuating circumstances by which the honour of the family would have to be protected.

Mr. LALLAH, expert from Mauritius, said it was his understanding that the report did indeed present poverty as one of the grounds for inaccessibility to justice.

Ms. SAYCEDI PAZ said the attempt by a woman to obtain an abortion was not punishable by law. When abortion was practised with her consent, the penalty against her was far less than that of the practitioner. If an abortion was carried out to protect a woman's honour, there might be a six- month to two-year penalty against the perpetrator.

Concluding Observations

JULIO PRADO VALLEJO, expert from Ecuador, said there had been a positive dialogue on Bolivia's report. Progress had been made, but much remained to be done. There must a State policy promoting human rights, with appropriate legislation to implement the norms of the Covenant. Political abuses, which

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had been numerous, must be addressed. In cases of human rights abuses, the guilty must be punished and compensation provided to the victims. Impunity, the most open human rights violation, could not be allowed to persist.

Ms. MEDINA QUIROGA, expert from Chile, welcomed the frankness demonstrated in the presentation of Bolivia's report. Such openness was not always seen in the Committee. The Committee stressed, however, that the obligations under the Covenant were real obligations, and the international community was watching to observe its compliance. The issue of unlawful abortion was a major concern. Women often resorted to abortion as a matter of despair. The State had an obligation to do what it could to help prevent undesired pregnancies.

THOMAS BUERGENTHAL, expert from the United States, said he was impressed with the large number of human rights proposals now being considered in Bolivia. Most of them were creative and very well thought out. However, only a few of those reforms or draft laws had yet been enacted, despite the obvious need for them. It was understood that everything took time, but given the continuation of abuses, time was of the essence, as delays, in themselves, contributed to continuing abuses. The State of Bolivia -- rather than merely a branch of its Government -- had an obligation to adopt those reforms.

ECKART KLEIN, expert from Germany, praised the professional manner with which the Bolivia delegation had responded to questions. It was one thing to speak of efforts being made and another for the Government to deal effectively with human rights violations. He could not accept that international human rights instruments could be violated because of the fact that a constitutional tribunal was not in place. He, however, supported the efforts the Government was making.

OMRAN EL-SHAFEI, expert from Egypt, also commended the numerous reforms under way to strengthen the guarantee of human rights in Bolivia. The proclamation of the state of siege last year could not be justified, as peaceful demonstration was a human right. He drew attention to corruption in the judicial system and in the appointment of judges by government.

ELIZABETH EVATT, expert from Australia, said some of the problems being encountered arose from the failure by the authorities to fully appreciate the various rights ensured in the Covenant. The answer was the strengthening of respect for human rights by the judiciary, law enforcement and other authorities. She stressed the need for training and education on human rights, which must have support at the highest level. She also commended the way the delegation had handled the questions. If they were harsh, it was because the same standards were applied to every delegation that appeared before the Committee, she added.

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DAVID KRETZMER, expert from Israel, assured members of the delegation that the Committee was well aware of the progress made by Bolivia. The Committee applied the same standards in examining the reports of all delegations that appeared before it. The Committee offered support and praise when necessary. Human rights were being violated with impunity around the world. A mechanism was necessary to deal with violations of human rights. Its existence would send a clear message to the public that rights violations would not be tolerated.

PRAFULLACHANDRA N. BHAGWATI, expert from India, said that the dialogue with the delegation had been useful and had enabled the Committee to draw attention to areas where action should be taken. The comments were not meant to be a criticism of the Bolivian authorities. The delegation had demonstrated that the country was on the path to reform. He stressed the need for stringent monitoring of the treatment of detainees and hoped the right to freedom of association would be strictly respected. He had no doubt that, with the passage of time, full respect of human rights would be in place in Bolivia.

LAURE MOGHAIZEL, expert from Lebanon, said the women who had participated in the preparation of Bolivia's report and addressed the Committee were young women who had been well-prepared to answer the Committee's questions. That was a source of pleasure for the Committee. A human rights convention -- the Convention on the Elimination of All Forms of Discrimination against Women -- had already been ratified, and that was significant. There was an obligation to promote human rights education.

CHRISTINE CHANET, expert from France and Committee Chairman, said the Bolivian delegation had demonstrated enlightened professionalism in its replies to the Committee. The progress made and challenges faced in Bolivia had been noted. However, certain profound reforms, such as those aimed at ensuring independence of the judiciary, had been delayed. Much work remained to be done.

The best laws in the world were powerless without a change in attitude towards them, she said. That change in attitude required a determination to implement the new laws. It was all very well to abolish the death penalty, but there should not then be summary executions. Bolivia's third periodic report could be expected to demonstrate further progress on reforms.

Ms. SAUCEDO PAZ expressed appreciation for the Committee's words of encouragement for Bolivia's reform process. The Government recognized the need for the proposed new institutions and for a change in attitudes. It was committed to seek those changes, so that constitutional changes in Bolivia would soon become a reality.

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