Country Report on Human Rights Practices for 1988
BOLIVIA
Bolivia is a multiparty democracy with an elected president
and bicameral legislature. The free elections held in 1985
were part of the first constitutional transition from one
civilian government to another in 20 years. Neither of the
two leading candidates received an absolute majority, and the
Bolivian Congress selected Dr. Victor Paz Estenssoro to be
President, in accordance with procedures outlined in the
Constitution. Paz Estenssoro took office on August 6, 1985.
Police security forces and the military respected the
democratic process in 1988, accepting policy direction by the
civilian Government. The Government used military forces only
once--to secure petroleum refineries during the petroleum
workers' strike in March--to ensure domestic order.
Bolivia is the second poorest country in the Western
Hemisphere, and its economy made only slight gains in 1987 and
1988 after declining for the previous 5 consecutive years.
Although reasonably rich in natural resources, high production
costs and low prices in the mining sector led to large-scale
layoffs and significantly raised the nation's unemployment
rate, which exceeded 20 percent in 1987 and declined only
slightly in 1988.
The Paz administration's stringent economic reforms are
strongly opposed by organized labor. Although petroleum
workers and students staged sometimes violent major strikes
and demonstrations in 1988, the Government succeeded in
maintaining public order without imposing a state of siege.
The Government has undertaken an extensive antinarcotics
campaign which has met with considerable criticism and
resistance, particularly from peasant farmers. Over 2,000
hectares of coca plants had been eradicated by the end of the
program's first year. In July the Bolivian Congress passed,
and President Paz Estenssoro signed, a tough new law to
counter narcotics trafficking.
Human rights are provided for in the Constitution and
generally respected in Bolivia. However, people of European
or mixed-race origin continue to dominate the political
system. There continue to be occasional reports of abuse of
prisoners and detainees by police and security officials as
well as concerns about an overburdened and sometimes corrupt
judicial system. Bolivian women do not enjoy a status in
society egual to that of men, but are slowly achieving a
greater role in business and professional life.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
There were no political killings in 1988. In September there
were unconfirmed press reports accusing a military unit of
killing a peasant farmer in Achacachi, La Paz Department, on
August 31. Labor and human rights groups have denounced the
slowness of the official investigation into the alleged
incident. At the end of the year, no results had yet been
announced
.
Several people died during civil and labor-related
disturbances in 1988. Student-worker confrontations with
police in Potosi at the end of April resulted in the death of
one demonstrator and injuries to about 150 people, including a
number of police. Another student demonstrator died as the
result of a gunshot wound inflicted during a demonstration at
the university in La Paz in March. On June 27 coca growers
demonstrating against the antinarcotics legislation then under
consideration in the Bolivian Congress penetrated an
antinarcotics police compound in Villa Tunari, Cochabamba
Department, attacking the police and threatening U.S.
government personnel. Shots were fired and in the ensuing
melee at least 10 demonstrators died, most by drowning in a
dangerous river which abuts the compound or by being trampled
in the panic and flight.
b. Disappearance
There were no reports of politically motivated disappearances
in Bolivia in 1988. Judicial proceedings are continuing in
cases involving disappearances during the early 1980 's, before
the restoration of democracy.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution prohibits torture, and the Government neither
condones nor practices such activity. Nevertheless, there
continue to be occasional charges of cruelty and degrading
treatment. Police, prison, and security personnel are rarely
tried and punished for such acts. Corruption, malnutrition,
and unsanitary conditions are endemic in Bolivia's underfinanced
prison system.
d. Arbitrary Arrest, Detention, or Exile
The Constitution requires a court order for an arrest, and
detainees must be charged or released within 24 hours. The
Constitution also provides for a judicial determination of the
legality of a detention, and prisoners are usually released if
a judge rules that they have been detained illegally. After
the initial detention, prisoners may consult a lawyer of their
choice. Provisions for bail exist in Bolivia except in
certain narcotics cases, and bail is generally granted. Under
a state of siege, authorities may detain persons for up to 48
hours before obtaining an arrest order.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The constitutional right of fair public trial is adhered to,
but long delays in the judicial system are common.
Investigations, trials, and appeals procedures are so lengthy
that some prisoners eventually serve more time than the
maximum sentence for the crime with which they are being
charged. Defendants have the right to an attorney, to
confront witnesses, to present evidence, and to appeal a
judicial decision. These rights generally are upheld in
practice. Although the law provides for a court-appointed
defense attorney at public expense, if necessary, one may not
always be provided because of a shortage of funds and
qualified personnel. The Constitution authorizes the Supreme
Court, Bolivia's highest civilian judicial body, to review
legislative measures to determine if they are in accordance
with a citizen's "concrete rights or the Constitution."
The military Government of 1976 revised the military penal
code and established the military court system. The law
defined and established military jurisdiction over actions
against the security of the state and against military
personnel and property.
Corruption of the judicial system remains a serious problem,
as narcotics traffickers routinely try to bribe judicial and
other officials in exchange for releasing suspected
traffickers, returning captured drugs, and purging
incriminating files. In April the President of the Bolivian
Supreme Court resigned during a dispute with the Chamber of
Deputies that involved charges of corruption on both sides.
In a separate matter, the Santa Cruz district Supreme Court
ordered the suspension of four judicial officials for
irregularities in the handling of the Huanchaca case, which
grew out of the 1986 killing of Bolivian scientist Noel Kempff
Mercado. The Government has taken some steps to discipline
Bolivia's judicial system. The antinarcotics legislation
signed into law in July calls for the creation of three-judge
special narcotics control courts with broad responsibilities.
They are to function as first-instance tribunals in
narcotics-related cases.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The sanctity of the home and the privacy of citizens' lives
are protected by the Constitution and normally are respected
in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
By law, citizens enjoy freedom of speech and exercise it
widely without government interference. Both state-owned and
private radio and television stations operate in Bolivia. All
newspapers are privately owned. Since the restoration of
democracy in 1982, Bolivians have enjoyed a generally
unrestricted press representing a wide spectrum of political
views. The Paz Estenssoro Government has not exercised its
constitutional authority to impose censorship despite
extensive criticism from the media. However, self-censorship
by journalists, a holdover from military rule, is widespread.
On two occasions in 1988, the Government took legal action
against representatives of the media. In June the Government,
at the urging of the Chamber of Deputies, te.mporar ily closed
the privately owned La Paz television Channel 4 and Radio
Metropolitana after they broadcast an interview with
then-fugitive narcotics trafficker Roberto Suarez. According
to press reports, agents of the Interior Ministry in November
stole or damaged property belonging to Radio Metropolitana.
In a separate episode in August, the Government ordered the
arrest of Antonio Peredo, director of the left-wing weekly
Aqui, after the newspaper published a personal attack on
President Paz Estenssoro during a controversy concerning
bonuses for government workers from international
organizations. Peredo, who was accused of defaming the
Government, was released on bail after 26 days.
The Government has consistently respected academic freedom.
b. Freedom of Peaceful Assembly and Association
The rights of peaceful assembly and association are provided
for by law and generally respected in practice. The
Government may impose curfews and prohibit public
demonstrations if it declares a state of siege.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution recognizes Roman Catholicism as the country's
official religion, and Catholic bishops receive a nominal
stipend from the State. Although Catholicism predominates in
Bolivia, many religious groups operate openly and freely. The
Mormons, Baha'is, Seventh-Day Adventists, Methodists, and
others freely proselytize and operate churches and training
centers throughout the country. The small Jewish community
has not reported any discrimination. Citizens are generally
free to practice the religion of their choice and to maintain
links with coreligionists abroad.
The Government has, however, issued rules designating the
Roman Catholic Church to coordinate all public ceremonies in
which governmental authorities and institutions participate.
In implementing these rules, the Government declared all
existing religious registrations null and void, and required
religious groups to reregister. In 1988 the Government
reiterated that numerous religious groups were operating in
Bolivia illegally (that is, without legal registration). Some
Evangelical Protestant groups have complained that they have
been subjected to more stringent registration procedures than
the Catholic Church. Some foreign members of the Hari Krishna
sect were formally ordered to leave Bolivia in 1986, but the
Bolivian Supreme Court overturned that decree in August 1988.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no restrictions on travel within Bolivia or abroad.
The Government does not impede emigration and guarantees
departing citizens the right to return. Citizenship is not
revoked for political reasons. Many Bolivians who either fled
the country or were exiled for political reasons during the
tumultuous 1978-82 period returned with the restoration of
democracy and have enjoyed full freedom without harassment.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Bolivia is a multiparty democracy with an elected president
and a functioning, independent, bicameral legislature. The
Government does not oppress opposition groups, which exist
both in and out of the Congress.
Suffrage has been universal since the 1952 revolution.
The December 1987 municipal elections, the first to be held at
that level in almost 40 years, were deemed by observers to
have been peaceful and honest, with none of the major parties
complaining of significant irregularities. National elections
are scheduled for May 1989, and the registration process for
those elections began in orderly fashion in September.
People of European or mixed-race origin are predominant in the
political system. There are women who are active participants
in politics and government, and their numbers are increasing.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government is sensitive to the opinions of both
international and domestic organizations and is willing to
discuss human rights concerns with them. The Congress has
committees responsible for monitoring observance of human
rights. The Catholic Church, the Permanent Assembly of Human
Rights in Bolivia, and the press generally have been the most
aggressive monitors of human rights. These organizations
comment frequently on issues and developments related to human
rights
.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Although protected in theory by social legislation, Bolivian
women do not enjoy a status in society equal to that of men.
Cultural traditions, social conditions, and lack of political
influence remain the major obstacles to advancement. In rural
families, women contribute significantly to economic
activities and often control the family purse strings, but
nonetheless are considered socially and politically
subordinate. In urban settings, women are slowly achieving a
greater role in business and professional life, as their
participation in cooperatives, community affairs, and
education increases.
The Constitution prohibits social discrimination, but Bolivians
of mixed European origin do discriminate against people of
indigenous background. At least partially as a result of this
treatment, the Aymara- and Quechua-speaking majority of the
population (60 percent) remains at the lower end of the
country's socioeconomic scale and is disadvantaged in terms of
health, life expectancy, education, income, and employment.
Section 6 Worker Rights
a. The Right of Association
Bolivian workers have the right to establish and join
organizations of their own choosing, and they are free to
elect their own leaders. They possess and exercise the right
to strike. Labor law prohibits any labor contract which
denies workers' constitutional rights and freedoms. The
Bolivian Workers Central (COB), an umbrella labor organization
which represents the majority of workers, is independent and
politically powerful. In past years it has frequently
paralyzed the economy with crippling strikes. In 1988 it
mobilized a number of demonstrations on various social and
economic issues throughout the country. Antigovernment labor
demonstrations occasionally result in violence between
demonstrators and police or military personnel.
The Government places no restrictions on a union's right to
join international labor organizations. COB Executive
Secretary Simon Reyes was the spokesman for Bolivian labor at
the June meeting of the International Labor Organization in
Geneva, and the COB is affiliated to the Soviet-controlled
World Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively-
Bolivian workers have the right to organize and bargain
collectively. The law does not extend this right to
government workers, but the distinction is largely ignored in
practice, as virtually all government workers are unionized.
Government-employed petroleum workers, for example, conducted
a brief strike for higher wages and improved benefits in
March, and teachers also engaged in labor actions during
1988. In Bolivia's government-dominated economy, negotiations
between government representatives and freely elected labor
leaders are common. In early 1988, the Government invited the
COB to join government officials in discussions about the
national budget, which directly controls employee compensation
in important sectors of the economy.
After government-union talks reached an impasse and petroleum
workers went on strike in March, the military secured the
country's two refineries against vandalism, the government-run
petroleum company began issuing dismissal notices, and police
arrested three labor representatives in Santa Cruz on various
formal charges. The union officials, who were promptly
charged and brought before a judge, were released after about
3 weeks
.
Labor laws and regulations are enforced uniformly throughout
the country.
c. Prohibition of Forced or Compulsory Labor
Bolivian law prohibits forced or compulsory labor, and neither
has been reported.
d. Minimum Age for Employment of Children
Bolivian law prohibits the employment of minors under 18 years
of age in dangerous, unhealthy, or immoral work; no other
restriction on employment of minors exists. Government
officials state that the revised labor code now in preparation
should clarify ambiguities in the law concerning the
employment of children under 14 years of age. In practice
this law is not rigorously enforced.
e. Acceptable Conditions of Work
Bolivia's labor laws contain conditions for child protection,
paid vacations, and protection of workers' health and safety.
In practice these laws are not rigorously observed, and the
Government has not provided funds for adequate enforcement.
The mines, often old and operated with antiquated equipment,
are particularly dangerous and unhealthy. In urban areas,
most workers (about half the labor force) observe an 8-hour
day and a 5- or 5 1/2-day workweek.
Bolivia has a minimum wage law as well as an elaborate system
of bonuses and compensations for the private sector. In 1988,
after talks with COB leaders, the Government raised the
minimum wage to $25 per month. Despite that increase, a
single minimum wage earner cannot easily support a family at
an acceptable standard of living. Moreover, labor leaders and
the Permanent Assembly on Human Rights have expressed concern
that continuing high rates of unemployment are contributing to
a worsening of living conditions, despite the modest economic
gains of 1987-88
