UNITED

NATIONS A
Distr.
General Assembly GENERAL

A/HRC/WG.6/7/BOL/2
30 November 2009

Original: ENGLISH/SPANISH

HUMAN RIGHTS COUNCIL

Working Group on the Universal Periodic Review
Seventh session
Geneva, 8-19 February 2010

COMPILATION PREPARED BY THE OFFICE OF THE HIGH COMMISSIONER FOR

HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15(B) OF THE ANNEX
TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1

Plurinational State of Bolivia

The present report is a compilation of the information contained in the reports of treaty bodies,
special procedures, including observations and comments by the State concerned, and other relevant
official United Nations documents. It does not contain any opinions, views or suggestions on the
part of the Office of the United Nations High Commissioner for Human Rights (OHCHR), other
than those contained in public reports issued by OHCHR. It follows the structure of the general
guidelines adopted by the Human Rights Council. Information included herein has been
systematically referenced in endnotes. The report has been prepared taking into consideration the
four-year periodicity of the first cycle of the review. In the absence of recent information, the latest
available reports and documents have been taken into consideration, unless they are outdated. Since
this report only compiles information contained in official United Nations documents, lack of
information or focus on specific issues may be due to non-ratification of a treaty and/or to a low
level of interaction or cooperation with international human rights mechanisms.

GE.09-
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I. BACKGROUND AND FRAMEWORK

A. Scope of international obligations1

Core universal human Date of ratification, Declarations Recognition of specific competences of

rights treaties2 accession or succession /reservations treaty bodies
ICERD 22 Sept. 1970 None Individual complaints (art. 14): Yes
ICESCR 12 Aug. 1982 None -
ICCPR 12 Aug. 1982 None Inter-State complaints (art. 41): No
ICCPR-OP 1 12 Aug. 1982 None -
CEDAW 8 June 1990 None -
OP-CEDAW 27 Sept. 2000 None Inquiry procedure (arts. 8 and 9): No
CAT 12 April 1999 None Inter-State complaints (art. 21): Yes
Individual complaints (art. 22): Yes
Inquiry procedure (art. 20): No
OP-CAT 23 May 2006 None -
CRC 26 June 1990 None -
OP-CRC-AC 22 Dec. 2004 Binding declaration -
under art 3: 18 years
OP-CRC-SC 3 June 2003 None -
ICRMW 16 Oct. 2000 None Inter-State complaints (art. 76): No
Individual complaints (art. 77): No
CRPD 16 Nov. 2009 None
OP-CRPD 16 Nov. 2009 None Inquiry procedure (arts. 6 and 7): Yes
CED 17 Dec. 2008 None Individual complaints (art. 31): No
Inter-State complaints (art. 32): No
Core treaties to which Bolivia is not a party: OP-ICESCR and OP-ICCPR 2.

Other main relevant international instruments Ratification, accession or succession

Convention on the Prevention and Punishment of the Crime of Genocide Yes
Rome Statute of the International Criminal Court Yes
Palermo Protocol 3 Yes
Refugees and stateless persons 4 Yes
Geneva Conventions of 12 August 1949 and Additional Protocols thereto 5 Yes, except Additional Protocol III.
ILO fundamental conventions 6 Yes
UNESCO Convention against Discrimination in Education No

1. In 2009, the Committee on the Rights of the Child (CRC)7 and the United Nations Country
Team (UNCT)8 recommended that the Plurinational State of Bolivia ratify OP-ICESCR and
ICCPR-OP 2. In 2008, the Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families (CMW) encouraged Bolivia to consider making the declarations
provided for in articles 76 and 77 of the Convention, and acceding to ILO Conventions No. 97
and No. 143.9
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B. Constitutional and legislative framework

2. CRC welcomed the adoption of the new Constitution in 2009.10 El UNCT indicó que la
Constitución incluye derechos individuales y colectivos reconocidos en los tratados
internacionales de derechos humanos. Estos últimos tienen rango constitucional, e incluso
prevalecen sobre la Constitución cuando sus normas son más favorables.11 UNICEF12 and the
Special Rapporteur on the right to food13 made similar observations.

3. El UNCT indicó que con la última reforma constitucional se incluyó a la Justicia Indígena
Originaria Campesina como una jurisdicción equivalente a la ordinaria.14 While congratulating
Bolivia for its recognition of cultural diversity and the specificities of indigenous communities in
legislation, CEDAW urged the Government in 2008 to ensure that indigenous concepts and
practices are in conformity with the legal framework of the Convention.15

4. In 2007, the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people recommended that Bolivia carry out the legislative reforms
needed to regulate the exercise of indigenous peoples’ rights as recognized, inter alia, in the
United Nations Declaration on the Rights of Indigenous Peoples, which has the status of
domestic law.16

5. In 2009, CRC regretted that national legislation was not in conformity with the
Convention, including the Child Code (Código del Niño, Niña y Adolescente) and laws
concerning corporal punishment, marriage, alternative care and juvenile justice.17 UNCT and
UNICEF recommended that Bolivia strengthen the overall legal framework on child rights and
child protection. 18

6. The Special Rapporteur on the right to food recommended in 2008 that framework laws on
the right to food and the right to water be adopted to fully entrench these rights.19

C. Institutional and human rights infrastructure

7. The Defensor del Pueblo of Bolivia was accredited with ‘A’ status by the International
Coordinating Committee (ICC) of National Human Rights Institutions for the Promotion and
Protection of Human Rights in 2000, which was reconfirmed in 2007.20 El UNCT indicó que
desde diciembre de 2008, la Defensoría está bajo la dirección de una Defensora interina y hasta
la fecha no se ha advertido voluntad política del poder legislativo para designar al nuevo
Defensor.21

8. In 2008, CEDAW was concerned at the lack of institutional stability of national

machineries for the advancement of women, their limited decision-making power and lack of
financial and human resources.22

9. In 2009, CRC recommended that Bolivia establish a Children’s Ombudsman.23

D. Policy measures

10. CRC24 and UNCT25 highlighted the adoption of the National Human Rights Action Plan
(PNADH) 2009-2013. El UNCT también mencionó la adopción del Plan Nacional de Desarrollo,
el Plan de Desarrollo Sectorial de Salud (2006-2010) y el Plan Estratégico Nacional
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Multisectorial VIH/SIDA (2008-2012). 26 UNICEF reported that the National Plan for Equal
Opportunities for Women was finalized in 2008.27

11. CRC regretted in 2009 that the draft National Plan of Action for Children had not yet been
approved, and that the draft text did not cover all the areas of the Convention or all children up to
the age of 18.28

12. In 2009, the Special Rapporteur on indigenous peoples recommended strengthening

policies to combat all forms of discrimination.29

13. OHCHR Bolivia welcomed social programmes, such as the “dignity pension”, the
“Juancito Pinto” Bonus Programme and the Zero Malnutrition initiative. It added that in spite of
Government efforts, many groups are still underserved by social programmes, in particular
indigenous communities, women and children.30

II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND

A. Cooperation with human rights mechanisms

1. Cooperation with treaty bodies

Latest report Latest

submitted and concluding
Treaty body31 considered observations Follow-up response Reporting status
CERD 2002 Dec. 2003 - Combined 17th and 18th reports overdue
since 2005
CESCR 2007 Aug. 2008 - Combined third and fourth reports due in
2010
HR Committee 1996 May 1997 - Third report overdue since 1999
CEDAW 2006 April 2008 - Combined fifth and sixth reports due in
2011
CAT 2000 May 2001 - Second report overdue since 2004
CRC 2008 Sep. 2009 - Combined 5th and 6th reports due in
2005
OP-CRC- AC - Initial report overdue since 2007
OP-CRC- SC - Initial report overdue July 2005
CMW 2007 May 2008 - Second report overdue since July 2009

2. Cooperation with special procedures

Standing invitation issued No

Latest visits or mission reports Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people (25 November-7 December 2007),32
Special Rapporteur on the right to food (29 April-6 May 2007);33 independent
expert on the effects of structural adjustment policies and foreign debt (15-18
May 2001); 34 and independent expert on human rights and extreme poverty
(2001).35
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Visits agreed upon in principle Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment (2007, reminder sent to set dates);
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance (scheduled for 2009 and postponed at the
request of the Special Rapporteur); independent expert on the effects of
foreign debt and other related international financial obligations of States on
the full enjoyment of human rights, particularly economic, social and cultural
rights (requested in 2008).
Visits requested and not yet agreed -
upon
Facilitation/cooperation during The Special Rapporteur on indigenous peoples appreciated the cooperation of
missions the Government.36
Follow-up to visits -
Responses to letters of allegations During the period under review, 8 communications were sent concerning,
and urgent appeals inter alia, particular groups, including 6 women. The Government replied to
2 communications, representing replies to 25 per cent of communications
sent.
Responses to questionnaires on Bolivia responded to 2 of the 16 questionnaires sent by special procedures
thematic issues 37 mandate holders,38 within the deadlines.39

3. Cooperation with the Office of the High Commissioner for Human Rights

14. In February 2007, Bolivia signed an agreement with the Office of the High Commissioner
for Human Rights to establish an OHCHR office in the country. The agreement provides
OHCHR-Bolivia with a broad mandate that comprises, inter alia, the provision of technical
assistance to public institutions and civil society organizations; the promotion of human rights;
and the monitoring and reporting on the status of human rights in the country.40 In 2008,
OHCHR-Bolivia conducted 41 monitoring missions and provided advice on the elaboration of
five draft laws.41 It also contributed to, inter alia, the inclusion of human rights guarantees in the
final draft of the new Constitution42 and the adoption of the PNADH 2009-2013.43 The then
High Commissioner for Human Rights, Louise Arbour, visited Bolivia in 2007.44

B. Implementation of international human rights obligations

1. Equality and non-discrimination

15. In 2008, CEDAW urged Bolivia to repeal without delay all legislation that discriminates
against women, including discriminatory provisions in its criminal and civil law. Special
reference was made to article 317 of the Penal Code, which provides that there shall be no
punishment in cases of rape and other abuses when perpetrators marry their victims, and to
article 130 of the Family Code on the grounds for divorce.45

16. CEDAW was concerned that a considerable number of women, particularly indigenous
women in rural areas, older women and women with disabilities do not have identity documents
and therefore have neither access to public institutions nor to the relevant social services and
benefits.46

17. In 2008, CECSR requested taking effective measures and providing funds to combat
discrimination in the education of girls and young women, in access to employment and equal
working conditions for men and women, and in access to housing and land ownership.47
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18. In 2007, the Special Rapporteur on indigenous peoples stressed that one of the most
worrying human rights issues in Bolivia was the persistence of manifestations of racism against
indigenous people.48 He referred to episodes of racially tinged political violence, especially in
Beni, Santa Cruz and other eastern departments, resulting from political tensions having to do,
inter alia, with processes for the recovery and recognition of indigenous territories.49 In 2003,
CERD reiterated its recommendation that Bolivia make all forms of racial discrimination
punishable by law.50 Between 2007 and 2009, the High Commissioner,51 the Special Rapporteur
on indigenous peoples52 and UNCT53 also made recommendations in this regard. In 2008,
OHCHR-Bolivia noted that a draft law on anti-discrimination was being considered in
Congress.54

19. In 2008, CEDAW was particularly concerned that the Afro-Bolivian community was
socially invisible and marginalized due to the fact that it is not recognized in national statistics,
hindering their access to basic social services.55 In 2003, CERD noted that the Afro-Bolivian
community faced severe disadvantages in health, life expectancy, education, income, literacy,
employment and housing.56

20. CMW was concerned in 2008 that some migrants had allegedly suffered from
discrimination and stigmatization from State authorities, including the National Migration
Service (SENAMIG) and the police.57

2. Right to life, liberty and security of the person

21. In 2005, the Working Group on Enforced or Involuntary Disappearances indicated that
there were 28 remaining outstanding cases in Bolivia.58

22. According to information collected by OHCHR-Bolivia, on 11 September 2008, shots

were fired indiscriminately against a gathering of peasants and indigenous people in El Porvenir
(Department of Pando). It is alleged that the armed attack was carried out by civil servants and
supporters of the Pando Prefecture. The violent incidents left at least 11 dead and around 50
wounded.59 OHCHR-Bolivia concluded that what occurred was a massacre, constituting a grave
violation of human rights.60 En 2009, OHCHR-Bolivia reiteró su recomendación de que los
hechos acaecidos en El Porvenir sean esclarecidos con estricto apego a los principios procesales
y sin que se incurra en dilaciones indebidas. Añadió que se deben realizar investigaciones para
determinar si las acciones de los funcionarios encargados de hacer cumplir la ley fueron las más
adecuadas para prevenir violaciones de derechos humanos y proteger a las víctimas. También
hizo un llamado al Ministerio Público para que de manera urgente adopte medidas para
garantizar la seguridad de los testigos.61

23. In 2001, CAT was concerned about complaints of torture and other cruel, inhuman or
degrading treatment, on many occasions resulting in death - in police stations, prisons and
military barracks.62 It recommended, inter alia, that Bolivia incorporate in its criminal legislation
the definition of torture as set forth in the Convention, make torture a crime and that it stipulate
penalties commensurate with its seriousness.63 In 2009, while welcoming the prohibition of
torture in the new Constitution, CRC expressed concern about reports of torture, cruel and
inhuman treatment by the police, including sexual violence, of children in street situations.64 In
2008, OHCHR-Bolivia provided advice on the elaboration of a draft law on State policy against
torture and on the establishment of a national preventive mechanism.65
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24. Concern was expressed by CAT regarding overcrowding and lack of basic services in
prisons.66 In 2008, OHCHR-Bolivia indicated that, according to information received, 78 per
cent of prisoners were awaiting trial.67 The same year, the Special Rapporteur on the right to
food highlighted that it was essential to improve the nutritional value of the food distributed to
prisoners.68 In 2009, CRC expressed concern at the high number of children living in prison due
to the imprisonment of one of their parents, as well as at their safety and living conditions.69

25. OHCHR-Bolivia noted in 2008 that although no policy or systematic practice of arbitrary
detention is in place, there was concern over a number of irregular detentions carried out by the
security forces against political opponents, who allegedly committed common crimes. According
to allegations received, some of these arrests were carried out by hooded agents acting without
warrants and using disproportionate force.70

26. In 2008, CEDAW remained gravely concerned about the extent, intensity and prevalence
of violence against women in Bolivia, which borders on “feminicide”.71 El UNCT añadió que la
falta de registro unificado de datos de violencia contra las mujeres resta visibilidad a la magnitud
del problema.72

27. CRC was concerned in 2009 by the high rate of domestic violence against children, which
is often considered as an educative measure.73 It recommended, inter alia, that the Government
expressly prohibit corporal punishment by law in all settings and that it promote positive, non-
violent forms of discipline.74 Concerned by the fact that Bolivia continues to be a source and
destination country for victims of trafficking,75CRC also recommended the approval and
promulgation of the new integral law on the sale of children, sexual exploitation and trafficking,
ensuring that it takes into account OP-CRC-SC.76

28. In 2009, the ILO Committee of Experts on the Application of Conventions and
Recommendations (ILO Committee of Experts) noted that although Bolivia’s legislation appears
to be consistent with the ILO Worst Forms of Child Labour Convention, work by children under
18 in conditions of debt bondage or forced labour is a problem in practice.77 In 2009, CRC
recommended urgent measures to address and monitor exploitative forms of child labour.78

29. In 2008, OHCHR-Bolivia found that numerous Guaraní people were still subjected to
servitude and other contemporary forms of slavery. It highlighted the alarming conditions of 20
communities in Alto Parapetí in Santa Cruz, where the situation has worsened due to the
resistance of landlords and local opponents to Government attempts to end the degrading living
and working conditions that persist there.79 In 2007, the Special Rapporteur on indigenous
peoples recommended that the Government, as a matter of priority, strengthen measures for the
suppression of all forms of servitude and forced labour in the country, with the technical
assistance of the ILO and other relevant agencies and organizations.80 CESCR,81 the Special
Rapporteur on the right to food,82 and the United Nations Permanent Forum on Indigenous
Issues83 also made recommendations in this regard.

3. Administration of justice, including impunity, and the rule of law

30. In 2008, the High Commissioner called upon national authorities to urgently identify
sources of funding to comply with the reparation commitments undertaken through Law 2640
(Law on Exceptional Reparation for Victims of Political Violence During Periods of
Unconstitutional Governments). 84
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31. In 2008, OHCHR-Bolivia highlighted that the justice system and the Public Prosecutor’s
Office face many challenges: they have been shown to be susceptible to political interference,
are not accessible to a majority of the population and are also subject to delays and corruption.85
It added that the political tensions between the Government and the prefectures have weakened
the administration of justice and put at risk the rule of law.86

32. En 2009, el UNCT explicó que el proceso de implementación de la nueva Constitución

conlleva una reestructuración profunda del poder judicial y la renovación de los titulares de las
altas instancias judiciales. 87 In 2008, OHCHR-Bolivia noted that political impasse in Parliament
had prevented new appointments, including the designation of nine magistrates to the
Constitutional Tribunal, which was paralyzed as a result.88 The High Commissioner
recommended to no longer delay the appointment of judiciary authorities and to ensure that the
principles of independence and impartiality prevail in all the institutions of justice.89

33. OHCHR-Bolivia expresó su preocupación por casos de linchamientos ocurridos en 2008.

Añadió que la debilidad del aparato de justicia, sumada, en algunos casos, a la reacción tardía de
los agentes de seguridad, favorece a un cuadro de impunidad que alienta la repetición de este tipo
de conductas. OHCHR-Bolivia hizo un llamado al Estado para que fortalezca el sistema de
justicia y otros órganos del Estado encargados de velar por la seguridad pública.90 In 2007, the
Special Rapporteur on indigenous peoples noted that some social sectors and communications
media have exploited incidents of lynching to “defame” indigenous justice and to deprive it of
full recognition.91

34. In 2009, CRC expressed concern that children above the age of 16 serve sentences in adult
prisons in precarious conditions, and that deprivation of liberty is not used as a measure of last
resort.92 UNICEF stressed in 2009, that alternatives to custodial sentencing need to be
implemented. 93 It also recommended more efforts to ensure that children and adolescents are
better served and protected by justice systems. 94

4. Right to privacy, marriage and family life

35. CRC was concerned that there are no systematic strategies in place to guarantee
transparent adoption processes. 95 UNICEF highlighted that the mechanisms to monitor the post-
adoption process are insufficient.96 CRC added that regulations for alternative care are
inappropriate and that the SEDEGES (Servicios Departamentales de Gestión Social) do not have
the capacity or resources to take on sufficiently their responsibility for alternative care.97

5. Freedom of religion or belief, expression, association and peaceful assembly,

and right to participate in public and political life

36. OHCHR-Bolivia indicated that in 2008 there was an increase in the number of attacks
against human rights defenders. Civil society organizations promoting the rights of indigenous
peoples and peasants in Beni, Santa Cruz, Tarija and Chuquisaca were particularly targeted. It is
alleged that the perpetrators were members of the civic committees and local opponents of the
Government.98 Between 2005 and 2007, special procedures mandate holders sent a number of
communications expressing concern about attacks and acts of intimidation against organizations
working on agrarian issues.99 In 2007, the Special Rapporteur on indigenous peoples
recommended, inter alia, that attacks against leaders of indigenous organizations and human
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rights defenders continue to be investigated and punished and that an exhaustive investigation be
conducted into the possible responsibility of public authorities.100

37. OHCHR-Bolivia indicated that according to the Observatorio Nacional de Medios, a total
of 117 journalists suffered verbal and physical assaults between June 2007 and August 2008.101
It added that there has been no satisfactory investigation of the few complaints filed by
journalists and the national press guild.102 In 2008, the High Commissioner called upon the
Government to respect and guarantee freedom of expression, freedom of the press and the right
to information. The High Commissioner also called upon all public and private media to exercise
their professions according to the highest norms of professional ethics.103

38. In 2008, while taking note of the draft Law against Political Harassment of Women,
CEDAW was particularly concerned at the incidence of such violence against women in
government posts.104 A United Nations Statistics Division source indicated that the proportion of
seats held by women in the national parliament decreased from 19.2 per cent in 2005 to 16.9 per
cent in 2009.105

39. The High Commissioner encouraged the Government to continue to strengthen policies
aimed at including indigenous peoples in all areas of public life. 106

6. Right to work and to just and favourable conditions of work

40. CEDAW was concerned about, inter alia, the existence of a huge gap in men’s and
women’s wages, clear-cut job segregation and poor working conditions.107 CESCR noted in
2008 that the minimum wage continued to be insufficient to provide a decent standard of
living108 and that the lack of employment opportunities has obliged much of the population to
emigrate.109 En 2009, el UNCT destacó problemas como el desempleo estructural y la enorme
proporción de empleo informal que pone a más del 57 por ciento de la población trabajadora por
fuera de la protección de la legislación laboral.110 El UNCT recomendó formular e implementar
una política nacional de promoción del empleo de corto, mediano y largo plazo, poniendo
especial atención a la situación de grupos sujetos a discriminación en el trabajo. 111 CESCR
encouraged Bolivia to step up its efforts to protect the rights of workers,112 and recommended
that the fruits of Bolivia’s macroeconomic growth be also used to create decent new jobs for men
and women.113

41. In 2009, the ILO Committee of Experts asked the Government to amend the provisions of
the legislation that regulate the age of admission to apprenticeship so as to provide that no one
under 14 years of age is engaged in an apprenticeship, as required by the ILO Minimum Age
Convention.114
7. Right to social security and to an adequate standard of living

42. El UNCT indicó que en 2007 el 54 por ciento de la población no tenía ingresos suficientes
para satisfacer sus necesidades básicas.115 The Special Rapporteur on the right to food noted that
poverty levels are much higher in rural areas and that extreme poverty is concentrated amongst
indigenous communities.116 In 2008, CESCR urged Bolivia to take all necessary steps to reduce
extreme poverty and encouraged it to implement fiscal measures with a view to improving the
distribution of wealth among the population in both rural and urban areas.117

43. In 2008, the Special Rapporteur on the right to food highlighted that the situation of
malnutrition and food insecurity remained grave. Chronic malnutrition of a large proportion of
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Bolivia’s infant children was of most concern.118 He recommended that a comprehensive

national development strategy for food security and food sovereignty be elaborated and
implemented. The strategy should focus on eradicating malnutrition and on reversing extreme
inequality, by investing in small-scale peasant agriculture, implementing effective agrarian
reform and protecting the rights of peasants and indigenous peoples over their land, water and
own seeds. 119 In 2008, CESCR made similar observations, adding that a large quantity of arable
land was devoted to the production of biofuels, a situation which affects the availability of food
for human consumption and leads to price increases.120

44. CESCR was concerned that vulnerable and marginalized groups continue to have very
limited access to health services.121 According to the Special Rapporteur on indigenous people,
80 per cent of the indigenous population does not have access to health facilities.122CRC was
concerned at the still high number of maternal deaths, and noted that there has been no real
reduction of the infant mortality rate in rural areas.123 In 2008, CEDAW recommended
integrating a gender perspective into the national health policy and improving access to health
services to the most vulnerable groups of women, in particular rural and indigenous women.
CEDAW also urged Bolivia to adopt regulations to implement existing laws on Bolivian
women’s right to therapeutic abortion.124

45. In 2009, CRC was concerned that HIV/AIDS is becoming a prevalent problem in
Bolivia.125 El UNCT recomendó promover el cumplimiento de la Ley de SIDA a través de un
reglamento específico126 y aumentar los recursos financieros proveídos por el Tesoro General de
la Nación.127

46. CESCR expressed concern in 2008 at the widespread housing shortage, the incidence of
forced evictions of farmers and indigenous populations to make way for mining and timber
concessions, and the lack of effective measures to provide social housing for low-income,
vulnerable and marginalized groups.128 It urged Bolivia to take the necessary measures to, inter
alia, prevent the forced eviction of rural families who are occupying land peacefully; and ensure
that the judicial authorities take the provisions of the Covenant into account when handing down
their decisions.129

47. In 2009, CRC130 and UNICEF131 were concerned at the extremely low level of sanitation
coverage and the high discrepancy between urban and rural areas. The Special Rapporteur on the
right to food noted that up to 43 per cent of the population in rural areas has no access to safe
drinking water and 75 per cent have no sanitation.132

8. Right to education and to participate in the cultural life of the community

48. UNICEF,133 UNCT134 and CRC135 noted that the Constitution establishes free and
compulsory primary and secondary education. However, CRC was concerned that not all
children, particularly indigenous children, attend primary school and that some primary school
fees continue to be charged. CRC was further concerned at the lack of preschools, the poor
quality of education, the low transition rate from primary to secondary school and the marked
gender disparity in secondary school.136 It recommended ensuring that girls and indigenous
children also fully realize their right to education, and improving the quality of teacher training,
particularly with regard to intercultural and bilingual education.137 UNICEF recommended, inter
alia, the development of a national early learning policy and early childhood development
standards.138
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9. Minorities and indigenous peoples

49. En 2009, el UNCT indicó que los pueblos indígenas representan cerca del 65 por ciento de
la población boliviana.139 While noting the efforts made by the State since 2006, the CESCR
continued to be concerned at the marginalization of indigenous peoples and the discrimination
that they suffer, particularly with regard to the right to education, adequate housing, food and
health services.140

50. In 2007, the Special Rapporteur on indigenous peoples highlighted that the main
challenges to the enjoyment of the rights of the indigenous peoples in Bolivia are access to land
and recognition of their traditional territories.141 While some progress has been made in land
reform and the granting of titles, there are still many obstacles to be faced. The Special
Rapporteur recommended that special priority be accorded to the agrarian land regularization
process under the new Community-Based Agrarian Reform Renewal Act (No. 3545), paying
particular attention to the titling of the indigenous Tierras Communitarias de Origen (TCO, or
original community lands). To this end, the Government should provide the relevant institutions
with the necessary human and financial resources. 142 The Special Rapporteur on the right to
food,143 CESCR144 and CERD145 also made recommendations in this regard.

51. The Special Rapporteur on indigenous peoples stressed that the environmental pollution of
many indigenous territories, as a consequence of mining operations and hydrocarbon production,
has posed serious problems to the health and traditional economic activities of the indigenous
communities. He added that despite the many complaints submitted, there is a reported failure to
provide redress and compensation by those responsible for the polluting activities.146 The Special
Rapporteur on the right to food expressed similar concerns in 2008.147 En 2009, el UNCT resaltó
que existen diversas observaciones de la Comisión de Expertos de la OIT por incumplimiento de
obligaciones establecidas en el Convenio No. 169, incluyendo el derecho de consulta y otros
derechos colectivos de los pueblos indígenas, especialmente en relación a proyectos extractivos
de recursos naturales.148 The Special Rapporteur on indigenous peoples recommended that the
relevant authorities, as a matter of urgency, carry out a general study on the pollution of the
indigenous territories and, in consultation with the communities affected, implement such
measures of inspection, relief, redress, compensation, prevention and punishment as may be
necessary. 149

52. In 2008, CMW noted information that 60 per cent of the indigenous population had
migrated abroad. It was concerned about the effects of this mass migration, taking into account
the often vulnerable situation of indigenous migrants.150

10. Migrants, refugees and asylum-seekers

53. CMW took note in 2008 of the Government’s assurance that a draft bill on migration was
being prepared and encouraged it to strengthen efforts to fully incorporate the Convention into
domestic law.151

54. CMW also recommended that consular services respond more effectively to the need for
protection of Bolivian migrant workers152 and invited the Government to facilitate their
voluntary return, as well as their durable social and cultural reintegration.153

55. CMW expressed concern that it was not clear from the information provided by Bolivia,
whether migrants have access to appeal procedures in relation to expulsion decisions. Bolivia
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was invited to ensure that migrant workers and their families are only expelled from its territory
pursuant to a decision taken by the competent authority in conformity with the law, and that this
decision can be reviewed on appeal.154

56. In 2008, CMW regretted that no mechanism existed to facilitate the identification of
refugees or victims of trafficking among migrants.155 In 2009, CRC reiterated its concern at the
lack of specific procedures for providing special care and assistance to unaccompanied and
separated children.156

III. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS

57. UNCT157 and OHCHR-Bolivia158 commended Bolivia for being the first country to enact
the United Nations Declaration on the Rights of Indigenous Peoples as law. El UNCT también
resaltó el Programa de Alfabetización “Yo sí puedo”, con lo cual se estima que la tasa de
analfabetismo se ha reducido a niveles marginales.159

58. According to OHCHR-Bolivia, advances were made in economic, social and cultural
rights, yet ongoing political instability had a negative impact on human rights.160 UNICEF noted
that areas which require increased efforts in order to meet the relevant Millennium Development
Goals relate to poverty eradication, nutrition, water and sanitation and environmental
sustainability.161

59. OHCHR-Bolivia and UNCT highlighted that implementing the PNADH will be one of the
main challenges in the years to come. 162 El rápido avance en el desarrollo legislativo y
normativo de los contenidos del nuevo texto constitucional también representa un reto.163

IV. KEY NATIONAL PRIORITIES, INITIATIVES AND COMMITMENTS

Pledges by the State

60. In its voluntary pledge submitted in 2007 in support of its candidacy for membership of the
Human Rights Council, Bolivia expressed its political commitment to the promotion of human
rights and referred to, inter alia, actions being taken by the Government to protect the rights of
indigenous peoples.164

V. CAPACITY-BUILDING AND TECHNICAL ASSISTANCE

61. El Marco de Asistencia de las Naciones Unidas para el Desarrollo (2008-2012) identificó
áreas de cooperación con efectos esperados como, inter alia, la profundización de la
gobernabilidad democrática, la disminución de la desnutrición, y la inclusión social de la
población marginada.165

62. In 2009, CRC recommended that Bolivia seek technical assistance on reintegration
programmes for exploited children166juvenile justice167 and follow-up to the United Nations
study on violence against children (A/61/299).168
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Notes

1
Unless indicated otherwise, the status of ratifications of instruments listed in the table may be found in
Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 2006 (ST/LEG/SER.E.25),
supplemented by the official website of the United Nations Treaty Collection database, Office of Legal Affairs of
the United Nations Secretariat, http://treaties.un.org/.
2
The following abbreviations have been used for this document:
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
OP-ICESCR Optional Protocol to ICESCR
ICCPR International Covenant on Civil and Political Rights
ICCPR-OP 1 Optional Protocol to ICCPR
ICCPR-OP 2 Second Optional Protocol to ICCPR, aiming at the abolition of the death penalty
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
OP-CEDAW Optional Protocol to CEDAW
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
OP-CAT Optional Protocol to CAT
CRC Convention on the Rights of the Child
OP-CRC-AC Optional Protocol to CRC on the involvement of children in armed conflict
OP-CRC-SC Optional Protocol to CRC on the sale of children, child prostitution and child pornography
ICRMW International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families
CRPD Convention on the Rights of Persons with Disabilities
OP-CRPD Optional Protocol to Convention on the Rights of Persons with Disabilities
CED International Convention for the Protection of All Persons from Enforced Disappearance
3
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime.
4
1951 Convention relating to the Status of Refugees and its 1967 Protocol, 1954 Convention relating to the status of
Stateless Persons and 1961 Convention on the Reduction of Statelessness.
5
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
(First Convention); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea (Second Convention); Convention relative to the Treatment of Prisoners of War
(Third Convention); Convention relative to the Protection of Civilian Persons in Time of War (Fourth Convention);
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I); Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II); Protocol additional to the
Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem
(Protocol III). For the official status of ratifications, see Federal Department of Foreign Affairs of Switzerland, at
www.eda.admin.ch/eda/fr/home/topics/intla/intrea/chdep/warvic.html.
6
International Labour Organization Convention No. 29 concerning Forced or Compulsory Labour; Convention
No.105 concerning the Abolition of Forced Labour, Convention No. 87 concerning Freedom of Association and
Protection of the Right to Organize; Convention No. 98 concerning the Application of the Principles of the Right to
Organize and to Bargain Collectively; Convention No. 100 concerning Equal Remuneration for Men and Women
Workers for Work of Equal Value; Convention No. 111 concerning Discrimination in Respect of Employment and
Occupation; Convention No. 138 concerning Minimum Age for Admission to Employment; Convention No. 182
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.
7
Concluding observations of the Committee on the Rights of the Child (CRC/C/BOL/CO/4), para. 89.
8
UNCT Bolivia submission to the UPR, p. 10.
9
Concluding observations of the Committee on the protection of the rights of all migrant workers and members of
their families (CMW/C/BOL/CO/1), paras. 12 and 16.
10
CRC/C/BOL/CO/4, para. 3 (a).
11
UNCT Bolivia submission to the UPR, p. 2.
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12
UNICEF submission to the UPR on Bolivia, p. 1, available at
http://www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx.
13
A/HRC/7/5/Add.2, para. 29.
14
UNCT Bolivia submission to the UPR, p. 3.
15
Concluding observations of the Committee on the Elimination of Discrimination against Women
(CEDAW/C/BOL/CO/4), paras. 22-23.
16
A/HRC/11/11, para. 82.
17
CRC/C/BOL/CO/4, paras. 7-8.
18
UNCT Bolivia submission to the UPR, p. 9; UNICEF submission to the UPR on Bolivia, p. 5.
19
A/HRC/7/5/Add.2, para.59 (b).
20
For the list of national human rights institutions with accreditation status granted by the International
Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), see
A/HRC/10/55, annex 1.
21
UNCT Bolivia submission to the UPR, p. 3.
22
CEDAW/C/BOL/CO/4, para. 9; see also UNICEF submission to the UPR on Bolivia, p. 2.
23
CRC/C/BOL/CO/4, para. 14.
24
Ibid., para. 11.
25
UNCT Bolivia submission to the UPR, p. 4.
26
UNCT Bolivia submission to the UPR, p. 5.
27
UNICEF submission to the UPR on Bolivia, p. 2.
28
CRC/C/BOL/CO/4, para. 11.
29
A/HRC/11/11, para. 93.
30
A/HRC/10/31/Add.2, paras. 60 – 61; see also UNCT Bolivia submission to the UPR, p. 4.
31
The following abbreviations have been used for this document:
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic, Social and Cultural Rights
HR Committee Human Rights Committee
CEDAW Committee on the Elimination of Discrimination against Women
CAT Committee against Torture
CRC Committee on the Rights of the Child
CMW Committee on Migrant Workers
32
A/HRC/6/15/Add.2.
33
A/HRC/4/30/Add.2 and A/HRC/7/5/Add.2.
34
E/CN.4/2003/10.
35
E/CN.4/2002/55.
36
A/HRC/11/11, para. 3.
37
The questionnaires included in this section are those which have been reflected in an official report by a special
procedure mandate-holder.
38
See (a) report of the Special Rapporteur on trafficking in persons, especially in women and children
(E/CN.4/2006/62) and the Special Rapporteur on the sale of children, child prostitution and child pornography
(E/CN.4/2006/67), joint questionnaire on the relationship between trafficking and the demand for commercial sexual
exploitation sent in July 2005; (b) report of the Special Rapporteur on the sale of children, child prostitution and
child pornography (A/HRC/4/31), questionnaire on the sale of children’s organs sent in July 2006; (c) report of the
Special Rapporteur on trafficking in persons, especially women and children (A/HRC/4/23), questionnaire on issues
related to forced marriages and trafficking in persons sent in 2006; (d) report of the Special Rapporteur on the
 A/HRC/WG.6/7/BOL/2
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human rights of migrants (A/HRC/4/24), questionnaire on the impact of certain laws and administrative measures on
migrants sent in 2006; (e) report of the Special Rapporteur on the right to education (A/HRC/4/29), questionnaire on
the right to education of persons with disabilities sent in 2006; (f) report of the Special Representative of the
Secretary-General on the issue of human rights and transnational corporations and other business enterprises
(A/HRC/4/35/Add.3), questionnaire on human rights policies and management practices; (g) report of the Special
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (A/HRC/6/15),
questionnaire on the human rights of indigenous people sent in August 2007; (h) report of the Special Rapporteur on
the sale of children, child prostitution and child pornography (A/HRC/7/8), questionnaire on assistance and
rehabilitation programmes for child victims of sexual exploitation sent in July 2007; (i) report of the Special
Rapporteur on the right to education (A/HRC/8/10), questionnaire on the right to education in emergency situations
sent in 2007; (j) report on the Special Rapporteur on trafficking in persons, especially women and children
(A/HRC/10/16 and Corr.1), questionnaire on trafficking in persons, especially women and children; (k) report of the
independent expert on the question of human rights and extreme poverty to the eleventh session of the Council
(June 2009) (A/HRC/11/9), questionnaire on Cash Transfer Programmes, sent in October 2008; (l) report of the
Special Rapporteur on the right to education sent in June 2009 (A/HRC/11/8), questionnaire on the right to
education for persons in detention; (m) report of the Special Rapporteur on violence against women, (June 2009)
(A/HRC/11/6), questionnaire on violence against women and political economy; (n) report of the Special
Rapporteur on contemporary forms of slavery, including its causes and consequences (A/HRC/12/21), questionnaire
on national legislation and initiatives addressing the issue of bonded labour; (o) report of the Special Rapporteur on
the right to food to the twelfth session of the Council (A/HRC/12/31), questionnaire on world food and nutrition
security; (p) report of the Special Rapporteur on the sale of children, child prostitution and child pornography
(A/HRC/12/23), questionnaire on measures to prevent and combat online child pornography.
39
The questionnaire on the human rights of indigenous people and the questionnaire on political economy and
violence against women.
40
A/HRC/10/31/Add.2, paras. 1-2.
41
United Nations High Commissioner for Human Rights, 2008 Report on Activities and Results, p. 132.
42
Ibid., p. 131.
43
Ibid., p. 131.
44
UN Press release, 14 February 2007.
45
CEDAW/C/BOL/CO/4, paras. 7-8.
46
Ibid., para. 18.
47
Concluding observations of the Committee on Economic, Social and Cultural Rights (E/C.12/BOL/CO/2), para.29.
48
A/HRC/11/11, para. 65.
49
Ibid., para. 68.
50
Concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/63/CO/2), para.
12; see also A/HRC/11/11, para. 94.
51
A/HRC/10/31/Add.2, Section IV, Recommendations.
52
A/HRC/11/11, para. 94.
53
UNCT Bolivia submission to the UPR, p. 8.
54
A/HRC/10/31/Add.2, para. 54.
55
CEDAW/C/BOL/CO/4, para. 14.
56
CERD/C/63/CO/2, para. 15.
57
CMW/C/BOL/CO/1, para. 21.
58
E/CN.4/2006/56 and Corr.1, para. 108
59
A/HRC/10/31/Add.2, paras. 10 and 21-22.
60
Ibid., para. 22.
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61
Informe de prensa de la OACNUDH en Bolivia, 10 de septiembre 2009.
62
Concluding observations of the Committee against Torture (A/56/44), para. 95(b)
63
A/56/44 para. 97(a).
64
CRC/C/BOL/CO/4, para. 38.
65
United Nations High Commissioner for Human Rights, 2008 Report on Activities and Results, p. 132.
66
A/56/44, para. 95 (f).
67
A/HRC/10/31/Add.2, para. 30.
68
A/HRC/7/5/Add.2, para. 55.
69
CRC/C/BOL/CO/4, para. 65; see also UNICEF submission to the UPR on Bolivia, p. 2.
70
A/HRC/10/31/Add.2, para. 33.
71
CEDAW/C/BOL/CO/4, para. 24.
72
UNCT Bolivia submission to the UPR, p. 7.
73
CRC/C/BOL/CO/4, para. 49.
74
bid., para. 41.
75
Ibid., para. 79; see also CEDAW/C/BOL/CO/4, para. 26; UNICEF submission to the UPR on Bolivia, p. 4.
76
CRC/C/BOL/CO/4, para. 80; see also CMW/C/BOL/CO/1, paras. 41-42 and CEDAW/C/BOL/CO/4, paras. 26-27.
77
ILO Committee of Experts on the Application of Conventions and Recommendations, Individual Observation
concerning Worst Forms of Child Labour Convention, 1999 (No. 182), 2009, Geneva, doc. No. (ILOLEX)
062009BOL182, para. 4.
78
CRC/C/BOL/CO/4, para. 74; see also E/C.12/BOL/CO/2, para. 27(d); and UNICEF submission to the UPR on
Bolivia, p. 4.
79
A/HRC/10/31/Add.2, paras. 55-56.
80
A/HRC/11/11, para. 97.
81
E/C.12/BOL/CO/2, para. 2 7(e).
82
A/HRC/7/5/Add.2, para. 59(f).
83
United Nations Permanent Forum on Indigenous Issues, Mission to Bolivia, 2009, New York, pp. 31-40, available
at www.un.org/esa/socdev/unpfii/documents/UNPFII_Mission_Report_Bolivia_ES.pdf.
84
A/HRC/10/31/Add.2, Section IV. Recommendations.
85
Ibid., para. 30; see also UNCT p. 3.
86
Ibid., para. 31.
87
UNCT Bolivia submission to the UPR, pp. 3-4
88
A/HRC/10/31/Add.2, para. 32.
89
Ibid., para. 92.
90
Comunicados de prensa de la OACNUDH en Bolivia, 28 de febrero 2008 and 19 de Noviembre 2008.
91
A/HRC/11/11, para. 27.
92
CRC/C/BOL/CO/4, para. 81.
93
UNICEF submission to the UPR on Bolivia, p. 4.
94
UNICEF submission to the UPR on Bolivia, p. 5.
95
CRC/C/BOL/CO/4, para. 47.
96
UNICEF submission to the UPR on Bolivia, p. 2.
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97
CRC/C/BOL/CO/4, para. 45.
98
A/HRC/10/31/Add.2, para. 39.
99
A/HRC/7/28/Add.1, paras.132-135; E/CN.4/2006/55/Add.1, paras. 91 and 94 (See also E/CN.4/2006/95/Add.1
and Corr.1 and 2, paras.56 and 58); and E/CN.4/2006/78/Add.1, para.14 (See also E/CN.4/2006/55/Add.1, para.88;
E/CN.4/2004/60/Add.1, para.13; E/CN.4/2006/52/Add.1 and Corr.1, para.27; and E/CN.4/2006/95/Add.1 and Corr.1
and 2, paras.55 and 57).
100
A/HRC/11/11, para. 99; see also A/HRC/10/31/Add.2, para. 101.
101
A/HRC/10/31/Add.2, para. 66.
102
Ibid., para. 69.
103
Ibid., Section IV, recommendations.
104
CEDAW/C/BOL/CO/4, para. 30.
105
United Nations Statistics Division coordinated data and analyses, available at: http://mdgs.un.org/unsd/mdg.
106
A/HRC/10/31/Add.2, para. 99.
107
CEDAW/C/BOL/CO/4, para. 34.
108
E/C.12/BOL/CO/2, para. 14 (b).
109
Ibid., para. 17.
110
UNCT Bolivia submission to the UPR, p. 7.
111
Ibid., p. 10.
112
E/C.12/BOL/CO/2, para. 27 (e)
113
Ibid., para. 30.
114
ILO Committee of Experts on the Application of Conventions and Recommendations, Individual Observation
concerning Minimum Age Convention, 1973 (No. 138), 2009, Geneva, doc. No. (ILOLEX) 062009BOL138, para.
3; see also UNICEF submission to the UPR on Bolivia, p. 4.
115
UNCT Bolivia submission to the UPR, p. 1.
116
A/HRC/7/5/Add.2, para. 8.
117
E/C.12/BOL/CO/2, para. 27(a).
118
A/HRC/7/5/Add.2, para. 48.
119
Ibid., para. 59 (d).
120
E/C.12/BOL/CO/2, para. 19.
121
Ibid., para. 21.
122
A/HRC/11/11, para. 63.
123
CRC/C/BOL/CO/4, para. 53.
124
CEDAW/C/BOL/CO/4, para. 43; see also UNCT submission to the UPR, p. 9 and UNICEF submission to the
UPR on Bolivia, p. 5.
125
CRC/C/BOL/CO/4, para. 63.
126
UNCT Bolivia submission to the UPR, p. 9.
127
Ibid., p. 8.
128
E/C.12/BOL/CO/2, para. 14.(h); see also CRC/C/BOL/CO/4, para. 61.
129
Ibid., para. 27 (h).
130
CRC/C/BOL/CO/4, para. 61.
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131
UNICEF submission to the UPR on Bolivia, p. 3.
132
A/HRC/7/5/Add.2, para. 16.
133
UNICEF submission to the UPR on Bolivia, p. 3.
134
UNCT submission to the UPR in Bolivia, pp. 7-8.
135
CRC/C/BOL/CO/4, para. 67.
136
Ibid., para. 67.
137
Ibid., para. 68; see also, CEDAW/C/BOL/CO/4, para.33.
138
UNICEF submission to the UPR on Bolivia, p. 6.
139
UNCT submission to the UPR on Bolivia, p. 6.
140
E/C.12/BOL/CO/2, para 15.
141
A/HRC/11/11, para.77.
142
Ibid., para. 87.
143
A/HRC/7/5/Add.2, para. 58 (f).
144
E/C.12/BOL/CO/2, para. 36.
145
CERD/C/63/CO/2, para. 13.
146
A/HRC/11/11, para. 78.
147
A/HRC/7/5/Add.2, paras. 51-52.
148
UNCT Bolivia submission to the UPR, p. 6.
149
A/HRC/11/11, para. 90.
150
CMW/C/BOL/CO/1, para. 37.
151
Ibid., paras. 13-14.
152
Ibid., para. 28.
153
Ibid., para. 44.
154
Ibid., paras. 29-30.
155
Ibid., para. 41.
156
CRC/C/BOL/CO/4, para. 71.
157
UNCT submission to the UPR on Bolivia, p. 5.
158
A/HRC/10/31/Add.2, para. 50.
159
UNCT submission to the UPR on Bolivia, p. 4.
160
United Nations High Commissioner for Human Rights, 2008 Report on Activities and Results, page 132.
161
UNICEF submission to the UPR on Bolivia, p. 2.
162
UNCT submission to the UPR on Bolivia, p. 7; A/HRC/10/31/Add.2, para. 63.
163
Ibid., p. 2.
164
Pledges and commitments undertaken by Bolivia before the Human Rights Council, as contained in the letter
dated on 4 April 2007 sent by the Permanent Mission of Bolivia to the United Nations addressed to the President of
the General Assembly, available at http://www.un.org/ga/61/elect/hrc (accessed on 14 October 2008).
165
United Nations Development Assistance Framework 2008-2012 for Bolivia, 2007, pp. 9-17, available at
www.undg.org/docs/7150/Bolivia-UNDAF-2008-2012.pdf (accessed on 14 October 2009).
166
CRC/C/BOL/CO/4, para. 74 (e).
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167
Ibid., para. 82 (h).
168
Ibid., para. 42 (c).

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