COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF BOLIVIA

Committee on Economic, Social
and Cultural Rights

7 May 2008



The Committee on Economic, Social and Cultural Rights has considered the second periodic report of Bolivia on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Wilfredo Chavez, Vice-Minister for Justice and Human Rights of Bolivia and head of the delegation, reaffirmed the commitment of Bolivia to fulfill its international obligations with regard to human rights, including the implementation of economic, social and cultural rights. He drew particular attention to the draft Constitution, which was the first Constitution of its kind in South America implementing human rights and putting minorities and majorities on an equal footing. He hoped that the Constitution would be adopted in a referendum later this year. The current Government had taken up a large number of measures and adopted several laws and policies in order to ensure the implementation of the rights set out under the Covenant. In particular, multiple and cross-sectoral efforts were made to combat the extreme poverty existing in Bolivia. Various reforms such as in the education sector had also been implemented.

Rocio Barahona Riera, the Committee Expert serving as Rapporteur for the report of Bolivia, referring to the presentation and format of the second periodic report which followed the Committee’s recommendations on the initial report, pointed out that some recommendations had not been carried out while others had been implemented. She raised questions about recommendations that had not been responded to yet. Was the process of implementing economic, social and cultural rights a lawful one, and if not, what were the problems? Regarding equal rights for men and women, she asked what were the funds available to programmes and projects to ensure them, their scope and results achieved.

Among issues raised by the Experts were questions regarding social security provisions including insurance for vulnerable groups and independent workers; the justice system and its relation to community justice; equality between men and women, in particular wage discrimination; domestic violence and the lack of education for women; bonded labour, indigenous rights and land reform; the rise of unemployment; food security and the issue of biofuels; the education reform and its effects; the health system including measures taken against diseases such as HIV/AIDS and high maternal and child mortality rates; the measures to combat existing extreme poverty, hunger and malnutrition; and the problem of social housing.

The delegation of Bolivia included representatives from the Ministry of Justice and Human Rights, and the Permanent Mission of Bolivia to the United Nations Office at Geneva.

The concluding observations and recommendations of the Committee on the report of Bolivia will be issued towards the end of the session, which concludes on Friday, 16 May.

When the Committee resumes its work at 3 p.m. this afternoon, it will start its consideration of the second to fifth periodic reports of India (E/C.12/IND/5).


Report of Bolivia

The second periodic report of Bolivia (E/C.12/BOL.2) covers measures taken and the progress made by Bolivia regarding the recommendations of the Committee on the initial country report in May 2001.
Bolivia is drawing up a National Human Rights Strategy, including the establishment of an Inter-Agency-Council as a mechanism to formulate and implement public policies aimed at the protection of and respect for human rights. The State has adopted several laws and international conventions in order to fulfill the Committee’s recommendations, including the provision of detailed information about the effect of the decentralization of government on the enjoyment of Bolivian citizens of their economic, social and cultural rights. Other measures included a new structure in work health and safety, with an expanded industrial health and safety inspection process, resulting in a more effective inspection policy; a draft national strategy for eradication of domestic violence; and strategic steps as part of the national health policy aimed at improving the nutritional status of Bolivians, especially vulnerable groups, and a study undertaken on food security in Bolivia which identifies a number of severe problems relating to nutrition in Bolivia. Regarding food and nutrition security, the report stresses strengths and weaknesses of the efforts made, such as the lack of institutional leadership for coordinating multi-sectoral action and the lack of public funds to support the formulation and implementation of policies.

The report says further measures were taken regarding the right to physical and mental health, the improvement of all aspects of occupational and environmental hygiene, and the prevention and treatment of epidemic, endemic, occupational and other illnesses, in particular malaria, the Chagas disease, HIV/AIDS, including conducting a survey among inhabitants of endemic areas, the adoption of a policy and various strategies creating conditions to ensure that medical services and assistance are provided to all in cases of illness. With regards to the right to education and cultural rights, and to primary, secondary and higher education, measures include the design of the curriculum for the different levels of the public education service, theoretical and practical teacher training, and they address school age population, enrolment and years of schooling, access to education, dropping out rates and reasons for non-attendance, adult and special education, free primary education, and completion rates.

The report also mentions the lack of economic resources and available data as a reason for the difficulties in measuring progress in some areas.

Presentation of the Report

WILFREDO CHAVEZ, Vice-Minister for Justice and Human Rights of Bolivia, presenting the report, reaffirmed the commitment of Bolivia to fulfill its international obligations with regard to human rights, including the implementation of economic, social and cultural rights. A presence of the Office of the High Commissioner for Human Rights had been established in Bolivia and several studies were being undertaken with regard to indigenous people. Bolivia was currently in a special situation due to the democratic process. This was in particular concerning minority groups, but also the majority population. Bolivia had drafted the first Constitution in South America putting minorities and majorities on equal footing. The San Salvador Protocol was seen as providing minimum standards. The democratic process included pluri-national and decentralization development, as well as a transidental change, and changes in the cultural dimension. The new political Constitution was established by the new Government in cooperation with a wide range of stakeholders. The Constitution could be called humanist, as human rights were implemented in this document. It included rights relating to the free determination of indigenous people, free disposition of wealth and natural resources of indigenous people, sanctions for discrimination, rights for decent work, health and safety at work, fair pay, collective bargaining guarantees, unions, strikes, family protection, protection for the development of children, education, cultural rights, health, culture, intellectual property, water and food security. The draft political Constitution was deemed to be a real progress for minorities rights and the combat against discrimination and generating greater State responsibilities as regards implementation of economic, social and cultural rights. However, the national Government had to fight even more to break up old power structures.

Looking at specific measures and laws adopted, Mr. Chavez said that the San Salvador Protocol and other international agreements had been ratified by Bolivia. The idea of proper welfare stretched across all areas of social and political life. This was the cultural phrase, including going beyond the concept of materialism, but including independence, bilingualism, indigenous life style, and leisure pursuits such as traditional fiestas. Economic, social and cultural rights should cut across all areas, and legal systems should therefore also involve collective rights. He drew the attention of the Committee to several measures taken by the Government as part of its development plan addressing problematic areas in economic, social and cultural rights. The unemployment rate would be cut, and 90,000 jobs would be created through measures taken by the Government. Fair education would be promoted. Illiteracy should be eradicated by 2008. Social housing programmes intended to build a large number of houses by 2011, including creation of jobs. Equal pay for women and men was addressed by government policies. A labour production programme had been implemented, and a 10 per cent increase in wages was experienced in the past three years. A new labour code promoted health and safety at work. The economic value of labour was recognized by the Government as a source of wealth.

Questions by the Committee Experts

ROCIO BARAHONA RIERA, the Committee Expert serving as Rapporteur for the Report of Bolivia, referring to the presentation and format of the second report which followed the list of questions to the initial report, pointed out that some recommendations had not been carried out while others had been implemented. She raised questions about recommendations that had not been responded to yet. Looking at laws and policies in Bolivia, she said a large number of new laws were actually old laws with changed names. She asked the delegation to be more specific about these laws. What were the respective competencies of the Ombudsman and the presence of the Office of the High Commissioner for Human Rights. Was the process of implementing economic, social and cultural rights a lawful one, and if not, what were the problems? Regarding equal rights for men and women, she asked what were the funds available to programmes and projects to ensure them, their scope and results achieved.

Other Experts asked questions related to measures and results regarding the new Government process which had a bearing on economic, social and cultural rights, the outcome of the referendum on the ratification of the Constitution; the further progress on projected changes in the meantime; mechanisms in order to ensure implementation of the law; the Government’s proposal to illegalize the traditional use of coca, in relation to the health of the Bolivians and international rules; the possibility to bring court cases on the basis of the rights of the Covenant; effective remedies and the lack of independence of the judiciary; measures from the Government to address the lack of access to justice, particularly in rural areas; the slowness of procedures; the protection of the rights of the Covenant by national laws; high levels of poverty and hunger of indigenous people in rural areas; the use of development aid and other measures for the eradication of poverty; the direct applicability and stand-alone nature of the principle of non-discrimination; definition of the right to protection of self-determination for indigenous people; the link between the agrarian reform and rights of indigenous people; provisions in the new Constitution and general laws regarding equality between men and women; the equalization of women and minors in the Labour Code; measures to combat poverty in Bolivia which was one of the poorest countries in the world; exercise and work of specific defenders for people at court; campaigns for education of people as a basis for the promotion of human rights; and actual practice of the Pinot Prestigious Code on indigenous languages.

One Expert said that the report seemed to stress the implementation of the recommendations of the Committee last time and had been drafted with other Government departments, which reflected the commitment of Bolivia. He stressed the sincerity of the answers with regard to areas where no progress had been made, which had to be seen positively. Further questions related to measures addressing the discrimination of indigenous peoples and the use of outdated statistics in the report.

Answers by the Delegation

The delegation of Bolivia said that the Ministry of Justice had concluded its action plan on human rights, which predated the Constitution. Thus, if the Constitution was not approved by a referendum later this year, the action plan would be approved and set in place. The electoral court in Bolivia had ruled that the dissemination period of the Constitution was too short, which led to the delay of the dissemination for approval by the Government. The legality of this constituting procedure was given as democratic requirements were met.

The role of the Ombudsman and the presence of the Office of the High Commissioner were different. The State ensured equal rights between men and women. An action plan aimed at ensuring women’s full enjoyment of their rights, including at work. The results could be seen in an increased number of women in positions within the government and in private companies. The gradual mainstreaming of economic, social and cultural rights was ensured by different sources of funding, such as from direct sources such as a Hydro-Carbon tax.

The economic situation in Bolivia had seen a surplus in the last years, allowing the payment of specific benefits. However, most of the resources had been in the hands of a few, with land acquisitions and the over-exploitation of natural resources, despite the agrarian reform. This explained the poverty situation that was still causing problems in Bolivia. Measures to address this included the carry-over of the agrarian reform and improvement of the situation of people who basically worked as slaves in the rural areas through an action plan. Powerful economic interests had so far hindered action in these areas. Land and recognition should be given to people in rural areas, however, this was still a problem.

There was a “relatively alright” access to justice, however, the pluri-cultural nature of the country, with a range of languages, made it impossible for one person, or police officer, to speak all these languages, and so translators were needed very often. Almost everywhere in the country, a formal judicial structure was in place, however in the remainder of the legal system, the rural system of justice was used. The link between the formal and the rural systems was that they both ensured that human rights were in place and respected. Efforts were made to render the system more transparent, and to raise awareness. In May 2008, all the requirements for the new judicial authority should be finalized.

Regarding poverty, the land issue was work in progress. Neither the army nor the police would be involved, but officials would carry out surveillance and make sure the land was used properly. Three levels of land use had been identified, which required different answers due to specifics of the population and land. The extension of the agrarian reform was meant to improve the situation. Prior to 2005 there had not been any improvements, but since 2005 the improvement law had been implemented. This had led to an increase of the price of land.

The Guarani area was a main area of concern, the delegation said. The Guarani had been stuck in Bolivia after their land fell into a few powerful hands. This had jeopardized the livelihood of the Guarani people. The Government was now giving these people instruments for self-determination, through legal means and legal recognition of their autonomy. The Government hoped to redistribute the lands by 2011. The delegation pointed out that the Government lacked experience and practice in these regards, but that all efforts were put into the reforms to ensure transparency and openness.

There had been improvements in the past 10-20 years in respect to economic, social and cultural rights. Shortcomings in the report were based on obsolete statistics, which led to the use of external statistics in the report. The Government was trying to improve education, taking into account fairly recent statistics, but it could not invent things that it did not have. The coca leaf was totally different from cocaine, and had always been legal in Bolivia as a medical plant. There were various ways of cultivating and using this plant by different tribes. It had been difficult to implement human rights issues in the Vienna Convention. However, the Government was talking to the people about the use of coca with positive results.

Questions by Experts

ROCIO BARAHONA RIERA, the Committee Expert serving as Rapporteur for the Report of Bolivia, asked questions relating to the push into the informal sector which led to a loss of jobs in the public and private sector; unemployment of a third of the population; how did the minimum wage relate to the minimum threshold; minimum wage increases in certain sectors; the wage gap between men and women; the difficult working situation of miners; social protection for women without insurance and pregnant women; pension reform as part of privatization; and private insurance in relation to women and effects of their shorter working period on their pension amounts.

Other questions raised related to the possibility to appropriate living on the minimum wage; the problem of bonded labour abolishment due to strong economic powers; measures to ensure freedom of choice of the change of work; legal provisions for equal work and remuneration; legal remedies to the court or the Ombudsman for women related to wage discrimination; the comparative increase of unemployment in rural and urban areas; community justice and the respect for human rights; the enforcement of respect for human rights; measures to combat domestic violence; and how changes to the penal code would be coordinated with domestic violence? Was land that had passed into indigenous ownership considered community land or was it to be shared out to landless owners? This was a question of the difference between self-determination as a collective right and land-ownership as an individual right. An Expert asked how to make gender equality a real main issue and how the development plan could implement laws related to human rights under the existing Constitution. Some Experts asked for clarification regarding changes in legislation related to collective bargaining; the rights of Bolivians living abroad; the restrictions on the right to unions; and if the act on regulating pay for domestic work was in force, and what measures to implement it, by whom and how, existed.

Answers by the Delegation

The strategy against bonded labour contained several aspects to fight this phenomenon, the delegation said. One of them was the attempt to assure the proper use of the land. There was a type of violence based on the political status in these areas of the country, which led to a ban on this work in order to not politicize this type of work further. Fighting forced labour was one of the highest priorities for the Government, and as such was addressed by a joint commission of different Government departments and civil society. The source of the violence was the removal of indigenous people. Those who had stayed had stayed almost as bonded workers, in particular in the oil rich areas. The legitimacy of the land was with the indigenous people, however, landlords had assured their position for centuries now. The Government was trying to share the land without imposing actions, by preventing the use of weapons by the population and promoting human rights. The State tried to constitutionalize community justice, and use it as a subsidiary justice. When a crime was committed, appropriate punishment was given in both justice systems.

Regarding gender violence, the delegation pointed out that a couple was considered as a unit. Therefore, the woman had to be respected, however, machismo had crept even among indigenous cultures. Gender violence was a criminal offence. However, this type of offence had to be addressed by education, not by locking the husband away and destroying the family.

For ten years the minimum wage was at a standstill, but since the current Government was in place, an increase of the minimum wage had been seen. The delegation recognized that the minimum wage was not sufficient, but in regard to the short time, the increase was an improvement in the right direction. At the same time, the income of the individual was supported by specific allowances. There had been an increase in maternal and child insurance. The Government aimed to lower the retirement age from 65 to 60 and adapt the contributions. Mobile consulates for Bolivians living abroad were planned. Migrant workers had the right to vote.

Further Questions by the Experts

A question raised by Committee Experts related to special courts using indigenous punishments and the problem of sentences that were seen as cruel and outdated. An Expert said that social security was an individual right according to the Constitution. She asked for information on measures which would support the provision of social security such as health insurance as a collective right. How were social security measures funded? Was the delegation aware of bureaucratic issues related to the guaranteed income for older people?

Answers by the Delegation

In response to the questions, the delegation said the special courts by indigenous people were a real issue which could go all the way to the Constitutional Court. The health reform had been undertaken within the whole reform system, including a responsible privatization of the pension system. The Government had to come up with a new system to replace the old fairly rigid system. This led to a real rethinking of the social security system and the development of a draft which was currently in Congress. A range of measures for workers was drafted, including pension funds and transfer of assets. The problem of undocumented people in the country was addressed by the Government in a massive campaign which provided these people with identity cards. Regarding the new idea of mobile consulates, bilateral relations were responsible for this. Bolivia had not opted for this, as it had fixed consulates in countries established, but instead of having officials waiting for Bolivians to come and talk to them, it was now the officials going out to talk to migrant Bolivians. Bolivia wanted to liberate people from modern forms of slavery. The issue was already addressed, but the reaction to it was the real problem. Politicians, including the Prime Minister, had been ambushed in the Guarani area by those who did not want to lose their privileges. Thus, the previous rapporteur had made a special press release on this. The Government was trying to fulfill the recommendations of the Committee. However, the resistance of the elite was really strong.

Questions of Experts

An Expert said that Bolivia still had worrying maternal mortality figures, with abortions being one of the main causes of death. What measures was the Government taking to address this? Also, how was the problem of HIV/AIDS dealt with? With regards to prisons, were there attempts to improve the terrible living conditions for prisoners? What were trends and measures regarding early marriage, domestic abuse and child labour? Other questions related to the large housing shortage, evictions and absence of effective measures to provide housing for the poor; information about the law against family violence; the problem of children without birth certificates; availa0bility of mental health care services; health care in rural areas, in particular for women; child care and child health problems; the lack of a legal framework banning corporal punishment; the high rate of psychological and physical abuse of children; also regarding mistreatment of children the custom of “criadito”, which was forbidden but seemed to be continuing; was the zero malnutrition programme addressing the situation adequately?

Experts also asked about the lack of incorporation of the food issue into a social programme; why was food security not considered a priority; was there progress on a framework law in this regard; was Bolivia able to deal with the current food crisis; and was the protection of the Amazon area and the combat against deforestation a priority for the Government? Several Experts asked for information regarding the actual results of the combat against the extreme extent of poverty, including hunger and malnutrition, which was almost twice as high in rural areas. One Expert observed that the report dealt with the problem of malnutrition under the heading “protection from hunger”, two topics which were related but not the same. He asked the delegation if food subsidies had been considered as part of social policies. More information on the programmes related to the law on reproductive health and measures undertaken were also requested. Further questions related to the health coverage for the vulnerable; what coverage was given for dental care; a legal typification in the draft code regarding domestic violence; measures addressing child and adult trafficking and sexual abuse; and why were there no statistics beyond 2003.

Answers by the Delegation

The delegation pointed out that there was a national council on food security, with the aim of eradicating malnutrition among children under 5. Better health care for children under 5 was envisaged. School curricula included food education. Infant mortality had dropped 41 per cent in a decade, with work being done on this issue every day. Alternative indigenous medicines were developed to support this.

A discussion was going on regarding the high rates of abortion. This was seen as an education issue that had to be taught, controlled and monitored. Sensitivities by the Catholic Church were impacting this development, in particular with the justice system legalizing abortion.

Bolivia was a very poor country, suffering from poverty for several hundred years. But improvement through the involvement of all social actors was possible. In the past, the problem had been the indigenous, but today it was the social class which was in prison. The Government was doing its best to address the problems, with progress being made, such as some laws combating poverty. However, the external debt was hindering more progress. But in the last two years there was no deficit, which reflected progress. Subsidies for the rural peasants were envisaged. Water was an important issue for the Government, which it was trying to address with different measures, in particular dealing with damage and pollution from industrial development. Cross-border talks were taken up to protect the ecosystem from such pollution. The Government was committed to the protection of the Amazon basin.

It was clear that mental health services needed to be improved, the delegation said. Health was very important for the State. A universal health system was projected. It had gone through Congress, but the Senate still had to approve it. The opposition did not support the initiatives. The support came from taxes on oil. Further projects could be presented with access to multilateral funding. Not much progress had been made in the area of social security as other issues used to be prioritized in the past. Child abuse was illegal and was punished. There was no legal laxity on this at all. The Ombudsman had carried out several awareness raising campaigns, and the Convention on the Rights of the Child was ratified. Subsidies related to the food crisis should be given; however, they had to be only a short term measure.

The delegation drew attention to the report of the Special Rapporteur, who approved the mitigation measures undertaken by Bolivia. Faster results could not be expected in a short amount of time and in the light of external events such as the biofuel issue. The statistics of 2003 were replaced by newer ones. Measures against prostitution were implemented on the local level, but prostitution was not a criminal act. Police action against prostitutes had been suppressed, with only the monitoring, containing and medical aspect being held up.

The delegation said that workers in agriculture and other short term jobs could enjoy insurance. Incentives were provided for independent workers, such as self-employed or informal workers, to take up insurance. Previous policies aiming to eradicate extreme poverty were slowly showing results. The strategy in Bolivia started in 2000 as part of an overall framework to battle poverty. Fiscal resources were used, and an agenda was systematically built in Government policies, such as in its economic strategies. The reduction of the poverty index was a primary goal for the State. At the moment wealth was mainly in the hands of a few, and this gap should be bridged, with about 10 per cent of the population concentrating the wealth in their hands, and 30 per cent of the population being very poor. All these efforts would be combined with housing, health and social security projects. With the current policies some wage increases had already been guaranteed and some results had been seen. Bolivia had the resources to address the poverty issue and a sustainable basis existed. Nationalization programmes had helped improve the situation. However, the delegation pointed out that Bolivia did want all the help it could get and greatly appreciated international assistance.

The Government had drawn up a five-year plan for children and adolescents. The plan involved indigenous sectors and peasant farmers, which were currently excluded from such plans. The Government hoped to implement that plan by the end of 2008. The Convention on the Rights of the Child became a national law through its ratification, and a report on the rights of the child received official support from the Government this year. Corporal punishment and other child abuses were addressed by national law, which set out a clear definition of child abuse. There were Ombudsmen for children at the local level. The service was free of charge, and open for any claim lodged by children. All national laws had to be interpreted positively for the child in compliance with the national Constitution.

The delegation said the department responsible for migration issues was governed by a decree from 1996, which still showed a lot of gaps and contradictions. A draft bill to address these problems was therefore drawn up on a participatory basis. Also, the penalties for trafficking were clearly defined in national law. The implementation of that law had showed that there were gaps in the law, such as the need to differentiate between victims and offenders. Thus, another law was also being drafted by the Government at the moment.

There was a programme to address violence against vulnerable groups or minors, which intended to give care to the victims and provide for the necessary legal attention. Dual victimization of the victim when he/she went to court was hoped to be prevented with this programme. A whole series of rules existed and would be included in the provisions to help victims.

Further Questions of Experts

An Expert asked if Bolivia was able to ensure self-sufficiency for food and to address the problem of single crop cultivation. Another Expert asked for more information and disaggregated data on forced evictions. Further questions related to homelessness, the opposition in Bolivia against biofuels and measures against this trend in light of its neighbours heavily supporting biofuel production.

Answers by the Delegation

The delegation of Bolivia said that there was a national housing plan, providing people without housing with stable financing and 300,000 units. This would enable Bolivia to close the gap. When looking at evictions in certain areas, legally people had worked and lived in areas for centuries and the evictions were not straightforward. The State wanted to avoid any conflict, and tried to reconcile views of the various parties. Funds were provided to people to avoid their eviction in 1992-94. Problems still existed and cities were still growing, which had consequences for basic services and health issues. The local authorities were not prepared for this, and thus the problem had increased in the past 20 years. It caused social tensions. The social programmes had not quite resolved this problem. A lot of people did not have identity cards which had repercussions on housing.

With regard to biofuel and single-crop production, the delegation said that Bolivia did not want to hamper exports due to the biofuel discussion, and as such was talking to its neighbours such as Brazil about the biofuel production. The referendum on the Constitution may provide a stronger position on biofuel and enable Bolivia to make a stronger stand against it in order to protect agriculture and diverse crop production.

Further Questions by Experts

Further questions by Experts related to the gap of statistical information between 2002 and 2006 on education. What were the goals of the reform on education? In which language would training be provided? So far it was said that education was bilingual; was the bilingual trend thought to help cohesion? Some children did not fall inside the system and did not go to school, due to drop outs or failure of the school system. How many children did this include and what was being done to rectify the situation? Also, there was a problem of education for women, in particular in rural areas. Other questions related to the definition of indigenous groups; indicators or benchmarks for the level of implementation of the rights under the Covenant; intellectual property rights and the protection of cultural and scientific knowledge and heritage; measures to address the high inequality between girls and boys related to education; illiteracy among adults, in particular among women and the effects of programmes to abolish this; and more information about special education for children with handicaps.

Answers by the Delegation

The delegation said the educational reform process was started in 1994. The approach was conditioned by the economic policies of that time, which deregulated the education system and privatized a lot of schools and universities. Thus, the first stage was characterized by a liberal approach and opening up and providing people access to education. The model still worked, but the approach had possibly slightly changed. Now, bilingual education was requested, with the aim to develop reading and writing skills in Spanish also. Illiteracy was eradicated from a number of municipalities. Policies were enacted to address the drop out rate, such as subsidies and the provision of school lunches, which had shown an almost immediate effect. There was no majority in the Senate and Congress to implement a draft bill on the further improvement of education. However, 5 per cent of the GDP and 21 per cent of the general treasury was earmarked for education. Resources allocated to education went through municipalities, but further steps would depend on the next elections.

Regarding the identification of an indigenous person, the delegation drew the attention of the Committee to a questionnaire, in which the individuals themselves had to identify themselves. This was official data before the current Government came in place and provided a tool to clearly identify indigenous groups through self-identification. The definition of cultural knowledge and heritage was given in national law, and last year the UN also came up with a definition for indigenous peoples. There was a general registration list, but no special register, however, that may be established in the future. As for the confrontation which existed in the country, this had to be expected due to the backlog and the existence of certain privileges, which had led to a social explosion.

Bolivia was founded in the nineteenth century, and had experienced internal struggles throughout its existence. A change of the system would take time, with small but powerful groups opposing the change. This would be substance of the referendum this year. Support for the new Constitution was growing. Measures to address discrimination had been further developed, in cooperation with non-governmental organizations and the Ombudsman in organizing forums and workshops, and thus providing for non-discrimination.

The delegation mentioned the example of the return of an expelled military cadet with HIV/AIDS to the military as a sign of how the Government tried to improve the situation regarding this disease. Bonded labour was meant to be eradicated by the Government and it tried to access the affected areas. It was an economic issue of inequity. The Government did not intend to be tolerant towards this form of slavery. The delegation then showed a short film in Spanish by the Ministry of Justice, and the Ministry of Labour about captive indigenous communities, the land problem and the living and working situation in the Guarani area.

Concluding Remarks

WILFREDO CHAVEZ, Vice-Minister for Justice and Human Rights of Bolivia, in concluding remarks, said that the fight for the rights of the indigenous people was exactly what brought the delegation to Geneva. The concept of “living well” was the message the delegation wanted to bring to the Committee, a concept which was the basis of all the work done by the Government since it came to power. He thanked the Committee and especially the Chairman for their understanding and support. The complementary questionnaire would provide the Committee with updated statistics and information on the progress made. Bolivia had been able to pursue the path of social justice thanks to support from a range of bodies. The Committee had also been extremely important. International support would enable Bolivia to further improve the living and working situation of its people. The draft Constitution highlighted and enshrined the human rights of the Bolivian people and they hoped it would be adopted this year. However, the process had not been easy and would not be easy in the future, and there was a strong resistance, showing the deep division existing in the Bolivian State, but gradually, the process would allow Bolivia to implement these rights.

PHILIPPE TEXIER, Chairperson of the Committee, in concluding remarks, thanked the delegation for the high quality dialogue and the openness of the delegation. The Committee was aware of the very difficult period Bolivia was going through, and the resistance it was facing when trying to implement reforms and other changes and would take this into account when drafting its recommendations. The Committee saw the efforts of the new Government as a positive development for the future.

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