COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORTS BY BOLIVIA

CERD
63rd session
12 August 2003


The Committee on the Elimination of Racial Discrimination has concluded its review of the fourteenth to sixteenth periodic reports of Bolivia on how that country implements the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
Introducing the reports, Marcial Fabricano Noa,Vice-Minister for Indigenous Affairs, said the Bolivian State had made improvements in including all sectors of social groups termed as marginalized. Necessary changes had been introduced into the structure of the executive of the State in order to implement these and other changes. The Government had declared that racial discrimination was a form of social segregation, since it denied a portion of the population their rights. Constitutional, legal and institutional reform had also taken place. A lot remained to be done, but the Bolivian Government was aware of this, whilst also being aware that all the legal foundations had been laid to reach this goal, and that all political efforts were being made to find a solution to the problems that were facing the population.
Committee Experts including Luis Valencia Rodriguez, the group’s country Rapporteur for the reports of Bolivia, raised a series of questions on, among others, the application of basic insurance for indigenous peoples and the results achieved by this application; why there was no reference in the report to a law required by the Convention to punish acts of racial discrimination, and why penalties for this were not set; the role of civil society in the promotion and protection of human rights; whether religious freedom was protected by the Government in the context of the one official religion; and the procedure followed when regularising land tenure deeds to indigenous peoples.
Taking part in the debate, which was held over two meetings, were Committee Experts Mohamed Aly Thiam, Nourredine Amir, Linos-Alexandre Sicilianos, Kurt Herndl, Régis de Gouttes, Raghavan Vasudevan Pillai, Jose Agusto Lindgren-Alves, Mario Jorge Yutzis, Alexei S. Avtonomov, Patrick Thornberry, and Mahmoud Aboul-Nasr.
The final conclusions and recommendations on the report of Bolivia will be issued towards the end of the session, which concludes on 22 August. In preliminary remarks, Mr. Rodriguez noted that it was important to maintain a dialogue between Bolivia and the Committee. The report submitted was very long, and contained frank information on the situation. The substantive answers were appreciated, and it was noted that the situation in the country, notably the widespread poverty, made it difficult to implement the International Convention. Indigenous groups made up the majority of the population, and he asked how it would be possible for the population to survive in this difficult situation.
In concluding remarks, the Head of the delegation once again thanked the Committee for its appreciation of the reports. The delegation was most pleased to have had the meeting, and wished to continue along the same lines and spirit. New elements had been consistently introduced in the updated report, and, bearing in mind the social dynamics in policy in Bolivia, this could be identified as the source of the delay in submitting it.
During Monday afternoon’s meeting, the Committee also discussed holding a thematic debate at its meeting in March 2004 on non-citizens and racial discrimination or on a different topic. The decision on this issue was deferred to a later date.
Following the conclusion of the segment of Bolivia on Tuesday morning, the Committee then discussed methods of work, and organizational matters (CERD/C/62/Misc.14 Rev.4). Particular focus was made on the elaboration of a list of questions to be submitted to the State parties on the working methods and organizational procedures of the various Working Groups and on recommendations to be made to the various country Rapporteurs as per their functioning. The discussion did not conclude.
Members of the Bolivian delegation included Alvaro Moscoso Blanco, Ambassador and Permanent Representative of Bolivia to the United Nations Office at Geneva; Ramiro Melendres, of the General Directorate of Multi-lateral Affairs, Ministry of External Affairs and Religion; and Gino Poggi Borda, Counsellor, Permanent Mission of Bolivia.
As one of the 169 States parties to the International Convention, Bolivia must present periodic reports to the Committee on efforts to eradicate such bias.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the sixteenth and seventeenth periodic reports of the Islamic Republic of Iran (CERD/C/432/Add.6).
Reports of Bolivia
The fourteenth to sixteenth periodic reports of Bolivia, contained in document (CERD/C/409/Add.3) describe progress in the field of human rights and in particular in the fight against racial discrimination. They contain information concerning the implementation of articles 1 to 7 of the International Convention on the Elimination of all Forms of Racial Discrimination.
The reports state that the indigenous population of Bolivia is made up of 36 different peoples, who represent approximately 61.8 per cent of the total population of the country, and practically the entire population of rural areas. The Constitution is based on the structure of a unitary Republic, a system of representative democracy and the sovereignty of the people, vested in the three traditional branches of power, the legislature, the executive, and the judiciary. The courts of justice have direct jurisdiction over violations of human rights, in accordance with the State’s obligation to investigate, sanction and make reparation for any violation of human rights, in conformity with the treaties signed and ratified by Bolivia.
According to the Constitution, Bolivia is a free, independent, sovereign, multi-ethnic and multicultural society. The country recognizes the social and cultural reality, namely that it is a multi-ethnic and multicultural society, accepting and incorporating the notion that many ethnic groups coexist on national territory, and that, alongside the Creole and the other groups, they possess their own values and outlook on life, and that this leads to cultural differences in certain aspects amounting to multiculturalism. The fact that cultures differ does not mean that they are opposed or antagonistic, but their recognition in the Constitution is bound to induce a different attitude on the part of State authorities in many areas such as education.
Introduction of Reports
MARCIAL FABRICANO NOA, Vice-Minister for Indigenous Affairs of Bolivia, said it was always a privilege to participate in the arena of the Committee, which provided an opportunity to give a plethora of information on the country, showing its social, political and economic advances, despite the current situation. The Bolivian State had made improvements in all sectors of social groups termed as marginalized. Necessary changes had been introduced into the structure of the executive of the State, in order to implement these and other changes. The new Government had caused a change in the events described in the report, and the members of the Committee were therefore urged to accept the updates made to this.
A new act for the formation of the Executive had been adopted in March 2003. In 1999 a Criminal Code had been adopted that guaranteed human rights and a number of other principles including public hearings, a fair trial, and community justice. Many other similar changes had taken place in many areas. Constitutional, legal and institutional reform had also taken place. The Government had declared that racial discrimination was a form of social segregation, since it denied a portion of the population their rights.
It was also worth stressing that as of September 1990 and until today, laws had been passed legally recognizing indigenous territories and allowing these people to participate in environmental matters linked to these territories, and to participate in the use and the administration of protected areas. These populations were also encouraged to participate in public affairs. The communal property of these territories and their exclusive right to these lands was recognized legally.
The Government had also adopted a gender equity plan, and proposals concerning the gender approach to be applied in the Constitutional text had been made. The poverty of the population was a handicap, particularly in the context of the international economic crisis. A main concern of the Bolivian Government was to prepare optimum sanitary conditions for its population, and work was being done to ensure this for the most vulnerable section of the population. There was also concern for children and young people, and a new code had been promulgated, fully in line with the International Convention on the Rights of the Child and with the Hague Convention. This was to ensure that the children would have all that was required for the future.
One of the basic concerns was the inclusion of the notion of eliminating all forms of racial discrimination in the curriculum. A pedagogical proposal had been designed to address this issue, and this rested on six important pillars. A deep process of transformation was taking place in Bolivia. A lot remained to be done, but the Bolivian Government was aware of this, whilst also being aware that all the legal foundations had been laid to reach this goal, and that all political efforts were being made to find a solution to the problems that were facing the population. It was never easy to find a solution, but the Bolivian people and Government were prepared to work towards this goal.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the reports of Bolivia, said the population of Bolivia currently exceeded 8 million inhabitants, with the indigenous population representing over half. The Committee needed therefore to examine their situation in detail, as well as that of the Afro-Bolivians. The 1995 Constitution had made important changes, recognizing that Bolivia was a multi-ethnic, multi-cultural country, in which all were equal. There was a serious situation facing the indigenous peoples, for in spite of the increase of the GDP, the level of poverty had not been reduced, and the Government of Bolivia needed to make consistent efforts to remedy the situation. Indigenous peoples were marginalized, and faced discrimination. Their economic, social and political rights were not recognized as a group.
Institutionalized racism in the Andean region had impacted on many indigenous peoples, who had internalized the problem by denying their cultural and historical identity. Their needs were not met, not even the most basic ones of sanitation and energy. Poverty was the central problem facing Bolivia. Afro-Bolivian communities were principally in the South and North of one area, and had no explicit reference in the national legal system, which needed remedies, since all these communities survived thanks to agricultural work.
Bolivia also had to face serious drug-related problems, mainly growing and trafficking. It was noted with satisfaction that there had been institutional reforms to implement the International Convention, but work remained to be done to identify the results of these efforts. Serious issues were also related to the high level of corruption in the country. The Government needed to make a sustained effort to improve the situation for the inhabitants of Bolivia. There was a need for legislative provisions to eradicate ideas of racial superiority or racial violence. It was noted that the situation in cities had improved, but that in the countryside it remained grave, and human rights advocates in these regions lived under threat.
The lack of economic resources was clearly a grave handicap for the Government, but it was encouraged to continue and persevere in its programmes, in particular those with regard to women on the labour market, although this did not appear to have been particularly effective. Questions were asked on the application of basic insurance for indigenous peoples and the results achieved by this application. Given the discriminatory attitudes that persisted in various parts of the population, work needed to continue to eliminate this. The International Convention needed to be distributed more widely, and civil servants trained in its provisions, as should be the police in order to apply it fully. The report showed considerable frankness, and that attempts were being made to implement Bolivia’s obligations.
Other members of the Committee also raised questions. They asked, among other things, why there was no reference in the report to a law required by the Convention to punish acts of racial discrimination, and noted that penalties for this were not set; whether rights of recourse were publicized and made widely known; could amendments be brought to the Constitution; the role of civil society in the promotion and protection of human rights; how the phenomenon of official language worked in the context of the many other languages spoken by the population; whether religious freedom was protected by the Government in the context of the one official religion; the procedure followed when regularizing land tenure deeds to indigenous peoples; the status of the Convention in national law; why Bolivia had not made the declaration elaborated in article 14 of the International Convention; whether results were foreseen for the census of 2001 and what these figures were along with their significance; the role of the Ombudsman; whether education could be pursued in the thirty-four minority languages; drug-trafficking and drug-growing issues; and the status of the Afro-Bolivian ethnic group.
The Committee also noted with satisfaction the ongoing stabilization of the economy and the reduction of the disparities between town and country in Bolivia. The efforts made by Bolivia in drafting the updated report (no number) were also recognized, but they were encouraged to present a shorter document presented earlier next time.
MARCIAL FABRICANO NOA, Vice-Minister of Indigenous Affairs and Head of the delegation, said that on behalf of Bolivia and its Government, he wished to extend their appreciation to the Committee Rapporteur on the Bolivian reports, Luis Valencia Rodriguez, and to the rest of the Committee on how they had reacted to the report. Bolivia was very encouraged by the assessment of its work, which it had been carrying out as a country, a State, and a Government, together. The Committee’s commendation on the work done to implement the International Convention was appreciated. Bolivia had made major structural reforms as well as much other work, which had transformed the social, economic and political situation in the country. Public investment had been done in a decentralized manner by the municipalities, and this had helped to ensure popular participation by the people of Bolivia, as reflected in the composition of the Bolivian Parliament. These changes also explained why the head of the delegation was from an ethnic minority and a citizen of Bolivia.
With regard to the legislative matters covered by the Ministry of Justice, a law against racial discrimination was still being considered by the Congress, and had not yet been finalized. There was a process under way to establish a method of living together for both the indigenous peoples and the non-indigenous on the land. This was being dealt with by legal regulations and the forming of cooperatives, along with the reclamation of land that was originally communal. Agrarian reform was also an ongoing process, since property ownership was a new process for Bolivia and Bolivians. Major progress had been made to date, and on 4 July, the President of the Republic had given titular rights to the indigenous population, and this was a clear commitment by the Government to recognize the rights of these people.
Bolivia was pluri-cultural and multi-ethnic, and had participated in the drafting of the Draft Declaration on Indigenous People. Bolivia disassociated itself from narrow interests, and attempted to involve its people in a new system of social and political relations in the country, since as indigenous peoples speaking of self-determination, which was at the heart of their desire, it was impossible to disregard them. However, social harmony among and between all inhabitants was sought.
Article 171 of the Bolivian Constitution said that there should be respect within the law for the economic and social rights of the indigenous peoples inhabiting national territory, especially for the land of community origin, and with respect for their languages and cultural institutions. The authorities of the indigenous people were given a certain amount of autonomy to resolve issues as per their cultural attitudes and functions. There could therefore be no further controversy as laws were aimed at improving the situation for these people. Bolivian society was a dynamic one, and those who had worked to improve the situation were looking to the next generation to continue their work. This article in the Convention could answer many of the questions raised during the previous meeting.
Education was inter-cultural and bilingual, with the possibility of using a minority language. A right to autonomy covered the Educational Council of several indigenous nations in a progressive way, and this would gradually become true for the other languages of the country also.
The coca leaf should not be discriminated against in the context of the traditional use of the leaf. The Bolivian Government recognized and supported the Catholic religion, and did not draw any distinction against any type of worship, whatsoever form this took. One of the first laws in the country with regard to the respect of the rights of indigenous peoples was an opening to total democratization of the people of Bolivia, and this had resulted in appropriate representation of the indigenous people on the Council of the Republic. Indigenous and customary law was also integrated into the penal code as taken into account if the offence is carried out in an indigenous area or against indigenous people, providing this did not infringe against the rights provided for in the Constitution.
Bolivia had banned a neo-Nazi meeting, since it was a democratic multicultural nation, and intended to pass the message that this problem was not to be allowed to grow to subsume the democratic nature of the country. The main problem in Bolivia was not discrimination as such, but poverty. There were of course cases of racial discrimination, and this should not be forgotten by members of the Government; this was the spirit in which the Government, in solving conflicts, managed to find solutions that involved all the various sectors, ensuring real dialogue.
The Head of the delegation once again thanked the Committee for its appreciation of the reports, and the delegation was most pleased to have had the meeting, and wished to continue along the same lines and spirit. New elements had been consistently introduced in the updated report, and, bearing in mind the social dynamics in policy in Bolivia, this could be identified as the source of the delay.
Committee members then noted that there were real difficulties in Bolivia, but the situation had considerably improved over the last few decades, and that the Government of that country was sincerely concerned about improving the situation. The Committee also noted the duty of the international community to help Bolivia resolve the situation of illegal drug trafficking.
Preliminary Remarks
In preliminary remarks, the Committee Rapporteur, LUIS VALENCIA RODRIGUEZ, noted that it was important to maintain a dialogue between Bolivia and the Committee. The report submitted was very long, and contained frank information on the situation. The substantive answers were appreciated, and it was noted that the situation in the country, notably the widespread poverty, made it difficult to implement the International Convention. Indigenous groups made up the majority of the population, and he asked how it would be possible for the population to survive in this difficult situation. The main aim of the Committee was to study their plight as well as that of the Afro-Bolivians, who had no special consideration given to them, although this should be remedied. The Constitution of 1995 recognised that Bolivia was a pluralistic, multi-ethnic and multi-cultural country, and this was saluted. There was also a need for more details on customary law of the indigenous peoples and their property rights, as well as the ratification of the International Law on Migrants, which was of relevance to Bolivia.
The lack of a specific law against racial discrimination, hatred and genocidal behaviour was of concern, as was the ranking of the International Convention against domestic legislation, and there was a need to clarify this issue. There was an attempt within the country to seek harmony and coexistence between all, and therefore land rights and indigenous land rights was an important issue which required more explanation. Other information required included the use of the plethora of languages, and how this was treated within the country, particularly in an educational and legal concept. It was hoped that the Committee would be informed of progress on all fronts. He thanked the delegation for the dialogue that had been established.
Concluding Remarks by the Delegation
Concluding, the Head of the delegation once again thanked the Committee for its appreciation of the report. The delegation was most pleased to have had the meeting, and wished to continue along the same lines and spirit. New elements had been consistently introduced in the updated report, and, bearing in mind the social dynamics in policy in Bolivia, this could be identified as the source of the delay in submitting it.