Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1 of the Convention. Identification. In previous comments, the Committee requested the Government to provide information on the procedures used to determine the peoples covered by the Convention and on the measures adopted to ensure that no groups of the national population that should be covered by the scope of the Convention are excluded from the protection afforded by the instrument. The Government indicates in its report that, according to the data of the 2012 national census, a total of 1,837,105 people declared that they belonged to the Quechua nation; 1,598,807 to the Aymara; and 145,653 to the Chiquitana. The Committee notes the Government’s indication that the criterion of self identification with an original indigenous nation is the fundamental criterion for the establishment of original indigenous rural identity. The Committee requests the Government to continue providing updated statistical data on the number of persons belonging to the peoples covered by the Convention, disaggregated by sex, age, people and geographical location, with an indication of the manner in which the criteria of self-identification is applied in the census. The Committee refers to its general observation of 2018, in which it reiterated the importance of the availability of reliable statistical data on the peoples covered by the Convention, including their socio-economic conditions, as a tool for effectively guiding and defining public policies, and it encourages the Government to provide information in this regard.

Article 4. Special measures. Peoples in a highly vulnerable situation. The Committee welcomes the adoption in December 2013 of Act No. 450 on the protection of native indigenous nations and peoples in a highly vulnerable situation. The Committee notes that the objective of the Act is to establish sectoral and intersectoral prevention, protection and reinforcement mechanisms and policies to safeguard the individual and collective systems and ways of life of native indigenous nations and peoples that are highly vulnerable, and whose physical and cultural survival is under extreme threat (section 1). With a view to achieving this aim, the Act provides for the establishment of the General Directorate for the Protection of Original Indigenous Nations and Peoples, under the responsibility of the executive authorities, as the body responsible for developing and implementing prevention, protection and reinforcement plans and strategies to safeguard their way of life in coordination with autonomous territorial bodies and the organizations of indigenous nations and peoples (section 4). The Committee requests the Government to provide information on the measures adopted by the General Directorate for the Protection of Native Indigenous Nations and Peoples with a view to the identification and protection of indigenous peoples in a highly vulnerable situation, and the mechanisms established for their protection.

Articles 5 and 7. Recognition of cultural practices. Development. The Committee notes that the Government reports the adoption of the Patriotic Agenda 2025, which constitutes the General Economic and Social Development Plan, and which is based on 13 pillars, including the eradication of extreme poverty and the socialization and universal provision of basic services. The Committee also notes the adoption of the General Act on coca (Act No. 906), in March 2017, which protects and revalues original and ancestral coca as the cultural heritage of the Bolivian people, and establishes mechanisms to control its production, dissemination, commercialization, consumption and promotion (section 1). The Act seeks to promote scientific, medicinal and socio-cultural research into coca and to prevent its use for unlawful purposes (section 2). The Committee also notes that Presidential Decree No. 3204 of 7 June 2017 established the Comprehensive National Development Fund (FONADIN), to replace the Alternative National Development Fund (FONADAL), with the objective of promoting comprehensive sustainable development and the strengthening of education, health and sanitation systems adopting a gender and generational approach, through the implementation and financing of plans, programmes, projects and activities in the areas authorized by Act No. 906 for the production of coca. The FONADIN will also promote the transparency and the development of participation and community social control mechanisms for all plans, programmes and projects (sections 4 and 5). The Committee requests the Government to provide information on the measures adopted to reduce the poverty of indigenous peoples and to ensure their access to basic services, with an indication of the impact of these measures and the manner in which the peoples concerned participate in their design, implementation and follow-up. With reference to Act No. 906, the Committee requests the Government to provide information on the indigenous peoples in the areas authorized for the production of coca and on the specific measures adopted to promote, regulate and control the use of traditional coca. The Committee also requests the Government to provide information on the measures adopted by the FONADIN for the sustainable development of the areas authorized for the production of coca, with an indication of the manner in which the peoples concerned participate in the development and implementation of these measures.

Forestry resources. The Committee notes that, in reply to its request for information on the manner in which the situation of indigenous communities affected by logging concessions has been addressed, the Government indicates that the number of indigenous communities participating in the wood trade is tending to increase, as is the management of forests. It indicates that sustainable management for the generation of income is the challenge that has to be taken up by indigenous communities, and that the consolidation of their land rights is a priority for the Government. The Committee requests the Government to provide information on the measures adopted to promote the sustainable management of forests by indigenous communities, and their impact. The Committee once again requests information on the manner in which the situation has been addressed of indigenous peoples that are particularly affected by projects for the extraction of wood resources.

Articles 14 and 19. Lands. In its previous comments, the Committee noted the application of the system of the collective ownership of the land of indigenous nations and peoples, as recognized by the 2009 Constitution (Article 30(II)(c)), and it requested the Government to indicate the surface area of the lands that have been registered for the peoples covered by the Convention. The Committee notes that, although the Government has provided information on the process of the constitution of eight indigenous territories as original indigenous rural autonomous authorities, it has not provided specific information on the lands for which titles have been issued and registered for indigenous communities. With reference to agrarian development programmes, the Government indicates that, within the framework of Patriotic Agenda 2525: General Economic and Social Development Plan, development plans, projects and programmes have been developed for indigenous peoples by the Ministry of Rural Development and Lands. It adds that the agrarian insurance scheme Pachamama has been established as a measure to contribute to the protection of agricultural production and the means of subsistence of agricultural producers faced with adverse climate events. The Committee once again requests the Government to provide updated information on the surface area of the lands that have been registered for the peoples covered by the Convention, with an indication of the number of beneficiary communities or peoples and their location. The Committee requests the Government to provide information on the institutions responsible for resolving issues relating to the lands of indigenous peoples and for giving effect to the respective adjudication procedures, with an indication of the means and resources available to such institutions for the discharge of their functions. Please also provide detailed information on the impact of the measures adopted to promote rural development programmes on the lands of the peoples covered by the Convention.

Articles 20, 21 and 22. Conditions of work. Employment and vocational training. In its previous comments, the Committee noted the measures taken by the Government to combat debt bondage and forced labour practices affecting indigenous workers, including through mobile labour inspections, and requested the Government to continue providing information on this subject. The Government indicates that, through the establishment of mobile offices, the Ministry of Labour, Employment and Social Welfare transfers on a temporary basis to remote regions of the country, where indigenous workers are most vulnerable, which enables it to verify on the spot the situation of workers from very vulnerable indigenous families in cattle and agricultural ranches and logging companies. It indicates that, in 2017, a total of 804 mobile inspections were conducted. The Government adds that trade union and indigenous authorities participate in the comprehensive labour inspection model, and that indigenous universities are currently operating which offer careers relating to community productivity and development, agronomy in the altiplano and tropical areas, the textile industry, the food industry and fish farming. The Committee notes the measures adopted to reinforce the presence of the State in remote regions where indigenous workers are more vulnerable to the exploitation of their labour and requests the Government to provide specific information on the impact of the measures adopted in terms of combating forced labour and ensuring respect for the human and labour rights of persons belonging to indigenous peoples. In this regard, the Committee also refers to its 2019 direct request on the application of the Forced Labour Convention, 1930 (No. 29). In addition, the Committee requests the Government to indicate the measures adopted to promote the access to skilled employment of indigenous men and women, including information on vocational training plans and programmes and their impact.

Article 26. Education. The Committee notes the information provided by the Government on the legislative framework respecting intracultural, intercultural and plurilingual education and the Plurinational Community Education Model. The Committee requests the Government to provide detailed information on the measures adopted to encourage the use of indigenous languages and to promote intercultural education, with an indication of their impact. The Committee also requests the Government to provide statistical data on the enrolment rate of persons from indigenous peoples in primary, secondary and university education.