Reports of violence and demands for bribes and extortion committed by police in Santa Cruz against restaurant owners or other business people who are from China could not be found among the sources consulted by the Research Directorate. However, the following information may be relevant.

Article 12 of the Bolivian constitution states "any kind of torture, coercion, extortion or other form of physical or moral violence is prohibited, under penalty of immediate removal from office and without prejudice to the sanctions that may be incurred by any one who applies, orders, instigates or consents to them" (United Nations 22 Nov. 1996). The government of Bolivia has pledged to continue its fight against government and judicial corruption, but a source indicates police corruption remained a problem at the end of 2002 (Freedom House 25 July 2002). According to Country Reports 2003, in 2003, several police officers were fired for corruption, but prosecutions against officers who had committed offences while on duty were allegedly rare (Country Reports 2003 25 Feb. 2004, 1.d). In 2001, a journalist was reportedly threatened for reporting on corruption in the police forces (RSF 2003).

In September 2003, the National Police established a National Directorate of Professional Responsibility in order to investigate alleged police abuses (ibid.). Several initiatives were also under way in the city of Santa Cruz; the Law Bar, established in 1999 to combat corruption within the judicial branch; the Association of Private Businessmen of Santa Cruz, also begun in 1999, in a joint mission with the Bolivian Customs Agency to combat corruption, and the Committee Pro Santa Cruz, a non-governmental organization (NGO) that organizes demonstrations to raise awareness about government corruption (CNECCA March 2000). It is also important to note that by 1997 Bolivia had signed and ratified the Inter-American Convention Against Corruption (ibid.).

Despite these measures, a study conducted in 1998 by the government indicated that Bolivian public opinion on the subject of corruption was mixed (IACC n.d.). For instance, in 1998, 40 percent of households surveyed said that corruption was the most serious concern in Bolivia (ibid.). Approximately 79 percent of households said that corruption in public services was serious or very serious, and three quarters claimed that exchanging bribes was a frequent occurrence in dealing with public services (ibid.). According to respondents, the police was the public service with the greatest degree of corruption (ibid.). Respondents went further in expressing their opinion, stating that in their view police officers acted with impunity and were "biased towards [...] those who offer them more money, and demand money before they will provide the services" (ibid.).

An article published by The Economist on 4 May 2002 corroborated some of the preceding information. The magazine states that, in the opinion of many Bolivians, police "are often part of the problem" of increased armed robberies, thefts, and muggings that have disturbed businesses and citizens alike (The Economist 4 May 2002). Between 1997 and 2002, The Economist states that as many as four police commanders needed to be replaced over corruption, abuse or criminal charges (ibid.). The newspaper also states that there are a large number of media-reported stories linking police officers to drug, theft, nepotism, and other corruption charges (ibid.). A week after a criminal gang involved in several armed robberies was allegedly found to include police officers, The Economist states that a car bomb exploded outside police headquarters in Santa Cruz (ibid.). The Economist also discusses its views on the extent of impunity, stating, "complaints of police abuse rarely end in a trial, let alone a conviction" (ibid.). Furthermore, the article cites a study which claims that of the 77 senior commanders in the police, investigations on 25 officers have yet to be completed (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Compendium of National Efforts to Combat Corruption in the Americas (CNECCA). March 2000. "Bolivia." http://www.respondanet.com/english/anti_corruption/reports/compendio_en/Html%20Files/Bolivia.htm [Accessed 27 Apr. 2004]

Country Reports on Human Rights Practices for 2003. 25 February 2004. United States Department of State. Washington, DC. http://www.rsf.org/article.php3?id_article=6187 [Accessed 27 Apr. 2004]

The Economist [London]. 4 May 2002. "Policing the Police." (NEXIS)

Freedom House. 25 July 2002. Freedom of the World 2001-2002. http://www.freedomhouse.org/research/freeworld/2002/countryratings/bolivia.htm [Accessed 27 Apr. 2004]

International Anti-Corruption Conference (IACC). n.d. National Integrity Plan of Bolivia. http://www.transparency.org/iacc/9th_iacc/papers/day4/ws6/d4ws6_bolivia.html [Accessed 27 Apr. 2004]

Reporters Without Borders (RSF). 2003. "Bolivia". 2003 Annual Report. http://www.rsf.org/article.php3?id_article=6187 [Accessed 27 Apr. 2004]

United Nations. 22 November 1996. International Covenant on Civil and Political Rights (CCPR). Human Rights Committee: Consideration of Reports Submitted by States Parties under Article 40 of the Covenant. Addendum Bolivia. (CCPR/C/63/Add.4) http://www.hri.ca/fortherecord1997/documentation/tbodies/ccpr-c-63-add4.htm [Accessed 27 Apr. 2004]

Internet Sites, including: Amnesty International (AI), Chinese In/From Latin America, Comisión Interamericana de Derechos Humanos, Derechos Humanos.org, Ethnologue, European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), Instituto Nacional de Estadística de Bolivia, International Society for the Study of Chinese Overseas, International Organization for Migration, Joshua Project, Migrants Rights International, El Nuevo Día, Permanent Assembly of Human Rights for Bolivia (APDHDB), La Razón, Red Cross, US Department of State, World Confederation of Institutes and Libraries for Overseas Chinese Studies, World Health Organization (WHO), Word Immigration and Deportation, World News Connections (WNC)
Publications:

Bolivia: Land of Struggle, Ethnic Groups Worldwide, Lonely Planet Bolivia, World Directory of Minorities