Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the Government’s detailed report received in October 2013, containing information and documentation relating to the issues raised in its comments of 2009, 2011 and 2012.

Communication from the International Organisation of Employers (IOE). The Government states that it understands the concern expressed by the IOE in August 2012 about the harm that private business could suffer in indigenous territories because of the requirements of prior consultation. The Government indicates that it respects and gives effect to the results of consultations, whether they concern the rights of indigenous peoples or of third parties, such as private enterprises interested in generating economic development projects in indigenous territories. The Government states that legal certainty exists in this field and that any difficulty in applying the consultation requirement or any other provision regarding the rights of indigenous peoples can be resolved under existing laws or through conciliation and negotiation between the parties concerned. The Committee invites the Government, in preparing its next report, to consult the social partners and indigenous organizations on the issues raised in these comments and to provide information on the results achieved by the measures taken to give effect to the Convention (Parts VII and VIII of the report form).

Construction of a highway. Indigenous territories. In its observations of 2011 and 2012, the Committee took note of communications from two trade unions expressing support for the National Council of Ayllus and Markas of Qullasuyu, which was opposed to the construction of the Villa Tunari–San Ignacio de Moxos highway since it would affect the TIPNIS (Isoboro Sécure indigenous territory and national park) territories and because the right to free and informed prior consultation had not been observed. In the report received in October 2013, the Government indicates that three indigenous peoples organized in 69 communities affiliated to three groups or subcentrales were identified. The communal authorities convened assemblies in which information documents were distributed and consultations were held. According to the Government, these were prior consultations since there was as yet no pre-investment project for the second stretch of the highway and it was established that the road would be an ecological highway, its engineering design guaranteeing the functions and stability of the TIPNIS ecosystem. The Committee notes that 58 indigenous communities decided to exercise their right to consultation, while 11 communities declined consultation. The Committee asks the Government to provide in its next report new information enabling it to examine the manner in which appropriate solutions were found in accordance with the Convention, to overcome the difficulties caused by the construction of the Villa Tunari–San Ignacio de Moxos highway. Please also indicate whether the interministerial project has been implemented to eliminate extreme poverty in the TIPNIS territory.

Regulation of consultation mechanisms. The Government indicates that between February 2012 and August 2013, a participatory process of consultation was held about a proposal for a law on prior consultation, with the participation of organizations of original indigenous and campesino (peasant farmer) communities, intercultural and Afro-Bolivian communities and representatives of the Executive, Legislative and Electoral Bodies. At the sixth meeting of the National Committee (August 2013), an agreement was reached on a proposal for a “law on free and informed prior consultation”, which will be submitted to the President of the Plurinational State and referred to the Plurinational Legislative Assembly for approval. The Committee invites the Government to provide the text of the law on prior consultation as soon as it is enacted. It also invites the Government to include information on any use made of the new consultation mechanism, together with information enabling the Committee to examine the manner in which the new legislation ensures effective participation by indigenous peoples in decisions that may affect them directly and gives full effect to the corresponding provisions of Articles 6, 7, 15 and 16 of the Convention.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Forestry resources. In reply to the pending issues raised in the report of a tripartite committee approved by the Governing Body in March 1999 (GB.274/16/7), the Government indicates that the Forest and Land Audit and Social Control Authority (ABT), the authority that oversees forests and land, combats indiscriminate and unauthorized logging in woodlands located on Bolivian territory. Further to its request, the Committee notes that in November 2013 the Office once again transmitted the tripartite committee’s report to the Government. The Committee requests the Government to indicate in its next report how the changes in the national legislation regarding participation, consultation and natural resources have enabled the specific situation of indigenous communities that may be adversely affected by logging to be dealt with.

In a direct request, the Committee invites the Government, among other things, to supply more information on the measures adopted to ensure that particular groups of the population are not excluded from the Convention, and to report on progress made in the distribution of indigenous lands, the elimination of forced labour and the protection of the Ayoreo people.