Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Bolivia (Plurinational State of) (Ratification: 1991)

1. Article 1 of the Convention. The Committee notes the Government's reply in which it explains that the entry of indigenous persons into the Single National Register is no different from the entry of other rural workers. The Committee would be grateful if the Government would indicate the manner in which recognition is given to indigenous communities and individuals so that they can benefit from the legislation which applies to them. It also notes that a census is being undertaken with the assistance of the United Nations Development Programme and requests the Government to keep it informed of the results of the census.

2. Article 2. The Committee notes the establishment of the Advisory Committee for Indigenous Peoples in April 1994, which the Government has to consult in the coordination and formulation of its policies and projects relating to indigenous peoples. Please provide information on the form and procedures for the participation of indigenous persons in the above Committee and the manner in which consultations are held with the Committee on various subjects.

3. The Committee recalls that in its previous comments it noted that both governmental and non-governmental organizations provide technical and financial assistance to indigenous communities for the implementation of their project proposals. Please provide information on any procedure established for the selection of projects and any assistance provided to indigenous communities for their preparation, design and submission, including guidelines and directives governing the allocation of the necessary resources. The Committee notes that the page which dealt with this question was omitted from the Government's report.

4. Article 5. The Committee notes the measures adopted by the Government for the recognition and protection of the values, religions and social practices of indigenous peoples. It also notes the Government's statement that the religious sects working in indigenous communities in Bolivia are covered by the constitutional principle of freedom of conscience and religion and that they have to obtain legal status and authorization, and have to be registered by the Ministry of Foreign Affairs. The Committee would be grateful if the Government would indicate how the activities of these sects among the indigenous peoples of the country are supervised and monitored.

5. Article 6. The Committee notes that the Government submitted a Bill on indigenous affairs to the National Congress which was rejected by the indigenous organizations of the Oriente, Chaco and Amazonia regions of Bolivia, and that the indigenous organizations (known by the acronym CIDOB) submitted a Bill on indigenous peoples to Congress which was considered to be unconstitutional. It notes that the Government and the indigenous organizations worked on a draft Regulation for Convention No. 169 which was not adopted, but that many of the proposals contained therein were incorporated in the Act respecting popular participation and in the Educational Reform Act. The Committee requests the Government to keep it informed of the progress achieved in this respect, and suggests that the Government might find it useful to consult the International Labour Office in order to ensure that the proposed regulations are in accordance with the Convention.

6. Article 7. The Committee notes that the National Secretariat of Ethnic Affairs and the CIDOB concluded a coordination agreement on 18 April 1994 under which the Secretariat undertakes to ensure that the Advisory Committee for Indigenous Peoples will be consulted on any action, plan, project or programme which affects them and that the Committee will be composed of a representative for each ethnic group from the Oriente, Chaco and Amazonia regions. The Committee hopes to receive information on how this procedure operates in practice.

7. The Committee notes that the Sub-secretariat for the Quality of the Environment is preparing a draft Regulation under section 25 of the Decree on the Environment of 27 April 1992 by carrying out studies on environmental impact, in which one of the criteria considered is the social and cultural impact on indigenous populations. The Committee requests the Government to provide information in its next report on this draft Regulation and on any other measure adopted in this respect.

8. Articles 8, 9 and 10. The Committee notes that the Government is endeavouring to introduce the customary law of indigenous peoples into the future legislation on land rights (including recognition of the legal value of forms by which they settle conflicts among themselves, the administration of the land, water, inheritance rights), as well as into the amendment of the Penal Code. The Committee requests the Government to keep it informed of any developments in this regard.

9. The Committee notes that article 171 of the new Constitution of Bolivia recognizes that the authorities of indigenous peoples may exercise administrative functions in alternative procedures for the settlement of disputes. It notes that this constitutional principle has not yet been developed in law, and therefore requests the Government to provide information in its next report on any progress made in this respect.

10. Article 11. The Committee notes with interest the agreement concluded on 17 August 1994 between the Government and the Assembly of the Guaraní People (APG) by virtue of which the Government undertakes to issue a Presidential Decree to include agricultural workers in the Guaraní region in the scope of the General Labour Act. The Committee notes that a draft of the above Bill has been prepared abolishing any type of unpaid work. The Committee requests the Government to provide information on the progress achieved in the adoption of this Bill and to inform it whether it is considering extending the Bill to cover the other areas inhabited by indigenous peoples.

11. Article 12. The Committee notes the Government's statement that administrative measures are being adopted to defend the rights of indigenous peoples and requests it to provide information in its next report on the types of measures adopted and their scope in terms of the persons and territories covered.

12. Article 14. The Committee notes that the work of the two administrative institutions responsible for land use has been interrupted by Presidential Decree No. 23331 of 24 November 1992, and that all processes for the allocation of agricultural land have therefore been suspended. It also notes that the Committee on Agrarian Reform and the Secretariat of Ethnic Affairs are undertaking a process of surveying, drainage and registration of the indigenous territories of Ibiato (the Siriono people) and Weenhayek. The Committee requests the Government to provide information in its next report on the progress achieved in the process of the demarcation of lands.

13. The Committee notes that no special measure has been taken to recognize and protect the rights of ownership and possession of indigenous peoples to their traditional lands, nor the rights of access of nomadic peoples to lands over which they enjoy a traditional right of use, but that lands have been adjudicated as belonging to other peoples despite the fact that they are covered by the programme "Protection of highly vulnerable peoples" undertaken by the Secretariat of Ethnic Affairs, which is financed through Belgian cooperation. The Committee requests the Government to keep it informed of any developments in this respect.

14. The Committee notes the interministerial coordination machinery, which includes the Ministerial Cabinet, the National Council for Sustainable Development, and the Government Cabinet. The Committee once again requests the Government to supply information on any procedural mechanisms adopted or contemplated to resolve conflicting land claims, including any necessary adjustments to non-exclusive usufruct rights or "shared use". Please also supply information on any measures taken or contemplated by the traditional indigenous councils to provide adequate protection to the inhabitants within their jurisdiction in respect of their rights of ownership and possession.

15. Article 15. The Committee notes with interest that the Ulla National Park is under the administration of the local indigenous population (the Aymara). The Committee also notes that no regulations have yet been issued under the General Environmental Act of 27 April 1992, which guarantees the right of indigenous populations to participate in the use, management and conservation of renewable natural resources pertaining to their territories. The Committee requests the Government to keep it informed of any progress made in the adoption of the above regulations and of any other relevant development.

16. The Committee notes from the Government's report that the Indigenous Forest Guard operates under the direct supervision of indigenous organizations and that the Secretariat of Ethnic Affairs has authorized the Guard to act on its behalf. The Committee requests the Government to provide more information in its next report on the operation in practice of the Indigenous Forest Guard and on its powers and activities.

17. The Committee notes the Government's statement that rights to the surface resources have been recognized in favour of indigenous peoples in respect of the lands which they occupy or possess (through territorial decrees, and section 153 of the Forest Act and article 171 of the new Constitution). Nevertheless, the Committee notes the Government's statement that indigenous persons are selling their natural resources to the highest bidder without any plan for their management. The Committee requests the Government to describe in its next report the measures that it intends to adopt in this respect.

18. The Committee notes the Government's statement concerning the natural resources of the subsoil. The Committee recalls that under the terms of this provision, indigenous peoples, wherever possible, must participate and receive compensation for such activities (Article 15, paragraph 2, of the Convention). The Committee requests the Government: (a) to report any payment made in respect of the benefits gained from exploiting the natural resources of the subsoil of the traditional lands of indigenous communities; and (b) to indicate how these groups are compensated for any damages which they may sustain as a result of such activities.

19. The Committee notes the study undertaken by the enterprise BHB Petroleum (Bolivia) Inc. in January 1994 on the environmental impact of seismic activities in Chapare Block, in which account is taken of the indigenous communities in the project area. It notes that the enterprise takes responsibility for consulting and involving local indigenous peoples and for subsequently reforesting the area which may be affected. The Committee requests the Government to keep it informed of developments in this project.

20. Article 16. The Committee notes the Government's statement that further information will be supplied on the relocation of the Yuquí community. It again recalls that this community had to be relocated due to the presence of illegal forest workers who threatened their lives, as a result of which they have been provided with alternative lands. The Committee requests the Government to provide information on any legal provision or procedure governing such relocation, including any surveys and public consultations with the peoples concerned. Please supply information on the guarantees provided for their right to return, especially in the case of the Yuquí community, and any compensation paid for the losses or damages suffered as a result of the relocation. Finally, please continue to supply information on any further relocations which may occur.

21. Article 17. The Committee notes that the land granted to indigenous peoples has been qualified by presidential decrees as being "inalienable, indivisible, imprescriptible and unseizable" at the request of indigenous organizations and by virtue of article 169 of the new Constitution. It also notes that work is being undertaken through analysis and consultation in various seminars on how to incorporate the question of these lands in a future Land Act. Referring also to Article 13, the Committee requests the Government to provide information in its next report on the progress achieved in the adoption of the new Land Act and any other relevant information concerning the transfer of the ownership rights of the lands of indigenous peoples.

22. Article 18. The Committee notes that the Government has decided upon measures of an administrative nature to resolve the problem of intrusion on the lands of indigenous people. The Committee requests the Government to provide information on these measures (the amount set for the various sanctions, copies of any administrative appeals made and the relevant decisions, etc.).

23. Article 19. The Committee notes that the Government is carrying out a census of the indigenous population which will provide statistics and information on the size and number of lands traditionally occupied by indigenous communities. It requests the Government to provide information in future reports on the outcome of the census and the corresponding information and statistics.

24. Article 20. The Committee notes that agricultural workers (the principal sector in which indigenous peoples work) are not covered by the General Labour Act, except for sugar-cane cutters and cotton harvesters who are covered by the Act under the terms of Presidential Decree No. 20255. It notes that the Government has given an undertaking to the Assembly of the Guaraní People that it will issue a Presidential Decree under which agricultural workers in the Provinces of Hernando Sile, Luis Calvo, Cordillera, O'Conor and Gran Chaco will be covered by the General Labour Act, and that the principle of equal pay for equal work is being considered for women workers. In this context, the Committee reminds the Government that Convention No. 100, which was ratified by Bolivia in 1973, provides for the inclusion in national laws or regulations of the principle contained in Article 1 of "equal remuneration for men and women workers for work of equal value". The same concept is required by Convention No. 169. The Committee requests the Government to keep it informed of any development in the legal situation in this respect. It notes the legal and practical difficulties encountered in extending the application of laws to the regions inhabited by indigenous peoples and encourages the Government to continue its endeavours in this respect.

25. Articles 21 to 23. The Committee notes that, with the participation of indigenous organizations from the regions of Oriente, Chaco and Amazonia, the TOMICHUCUA training system is being prepared, under which intercultural bilingual education will be provided as of 1995, bilingual teachers will be trained and training of a technical nature will be provided. The Committee requests the Government to keep it informed of the opening and activities of this centre.

26. Article 24. The Committee notes that the national budget of Bolivia does not allow the social security system to be extended to indigenous people, although a number of special health programmes are being undertaken for them. The Committee requests the Government to continue supplying information on the progress achieved in extending the national social security scheme to indigenous communities, in accordance with the Convention and article 158 of the Constitution, respecting the social security scheme. The Committee is aware of the difficulties involved in giving effect to these provisions.

27. Articles 26 to 29. The Committee notes with interest the adoption of the educational reform designed to incorporate cultural values with a view to achieving the pluri-cultural education which the indigenous peoples are seeking, the participation of indigenous peoples in the planning and implementation of the education system and the recognition of the right of these peoples to receive education in their own language. Please continue to supply information in this respect and on the bilingual intercultural education programme, including any measure that has been taken or is envisaged to encourage children, and particularly girls, to complete basic secondary education. The Committee also notes the concern expressed in the X Assembly of the Indigenous Peoples of Bolivia that education should be multilingual in multiethnic territories. The Committee hopes that the Government will be able to make progress in achieving this objective.

28. The Committee once again notes the Government's concern at the high level of illiteracy among indigenous populations, which is due in part to the distance they have to travel to education centres. It requests the Government to provide information in future reports on the measures that it intends to take to remedy illiteracy in areas inhabited by indigenous populations.

29. Article 32. The Committee notes the Government's efforts in relation to international, bilateral and multilateral cooperation, in addition to the Amazon Cooperation Treaty and the agreement to establish the Regional Fund for Indigenous Development. Please provide further information on the impact of bilateral and multinational cooperation agreements relating to indigenous communities.