Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

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

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

General policy

Article 1 of the Convention. Recognition and identification of indigenous peoples. In its previous comments, the Committee requested the Government to state whether procedures or registers of indigenous peoples exist for the purposes of determining the peoples covered by the Convention. The Committee notes that, according to the Government’s report, the register of indigenous peoples is directly connected with community lands of origin (TCO), which represents a specific type of property linked to the pre-existence of a territory which is imprescriptible, non-seizable and inalienable. The register of identity of indigenous peoples is part of the procedure to restructure community lands of origin, and one of the key requirements which has been laid down is the drawing up of a Register of Identity of Indigenous and Original Peoples (RIPIO). The Under-Ministry of Land Affairs is the public authority responsible for RIPIO and its report enables the competent state institution to “register” the declaration of identity of the indigenous or original people concerned. The report states that there is no administrative entity that performs the task of legal registration or recognition of new indigenous peoples. The Committee notes that the Government is making a major effort to guarantee indigenous peoples’ land rights, something which is fundamental for the application of the Convention and in general terms for their survival and development. The Committee understands that, in this context, the Government has linked recognition to the land restructuring process. The Committee would point out, however, that even though land rights are fundamental, the rights in relation to the Convention (including rights in relation to education, health and work) are wider in scope than land rights alone. The Committee considers that recognition should also be given to indigenous peoples who, for various reasons, did not occupy traditional lands or were nomadic but who could enjoy other rights laid down in the Convention. The Committee requests the Government to indicate the manner in which it gives recognition to, or guarantees the rights afforded by the Convention to indigenous and original peoples, or sections thereof, who for various reasons did not have a link to the land (for example, because of being nomadic or because of leaving for various reasons the lands which they traditionally occupied). Furthermore, referring once again to the Government’s previous report, which indicated the existence of persons of African extraction and that there had been significant intermingling with original or indigenous persons or groups, particularly the Aymara, the Committee recalls that, since those groups display the features set forth in paragraph 1(a) or (b), they are covered by the provisions thereof, and it requests the Government to indicate: (i) whether it considers that such communities of African extraction are covered by Article 1, paragraph 1(a) or (b); (ii) if so, the way in which it secures the rights of the Convention to those communities; and (iii) if not, to state the reasons why.

Special measures and autonomy. The Committee notes the Government’s statement that the new Constitution envisages organizational structures based on the formation of autonomous rural territorial entities for indigenous and original peoples, aiming at a far-reaching solution which may give rise to a new decentralized and autonomous multinational state structure. The constitutional reforms will be regulated by law. The Committee requests the Government to supply information on the constitutional reforms adopted in relation to this matter, on the laws promulgated pursuant to these constitutional provisions and on their application in practice.

Follow-up to the report concerning the representation relating to forestry resources. In its previous comments, the Committee referred to the report of the Governing Body of March 1999 concerning a representation made by the Bolivian Workers’ Federation (COB) on consultation and the exploitation of forestry resources (GB.274/16/7). The Committee requests the Government to supply information on the manner in which it has complied with the recommendations contained in paragraph 44 of the report, specifying the points in respect of which it considers that it has complied with the recommendations and in what manner, and also the points in respect of which action is still pending and the measures provided for in this regard. The Committee would also be grateful if the Government would continue to supply information on the changes in the legislation with regard to participation, consultation and natural resources, particularly forestry resources.

Articles 8 to 10. Customary law and administration of justice. The Committee notes the detailed information supplied by the Government. It notes that, at present, recognition is given to the indigenous justice system in the territory of indigenous and peasant farming communities, that there are more frequent meetings between the state judiciary and the authorities of the indigenous justice system, but certain difficulties exist. The Government refers to the lack of a legal standard which defines the mechanisms for resolving disputes concerning jurisdiction and competence between both justice systems. There are also disputes concerning competence between communities from the same indigenous people. The new Constitution provides for a Multinational Constitutional Court with authority to handle and resolve disputes regarding competence between the jurisdiction of rural communities of indigenous and original peoples and the ordinary jurisdiction of the State. The Committee would be grateful if the Government would continue to supply information on any new legislation or rulings and, in general terms, on any developments relating to these provisions of the Convention.

Article 14. Lands. The Committee notes from the Government’s report that the State is working to establish a register of all territorial property including restructuring, which enables administrative controls to be affected. The aim is to prevent disputes regarding territory and ownership rights, and permit the redistribution of land ownership in order to eliminate the division of land into large estates and the excessive management of protected territories belonging to indigenous peoples. It notes that during a period of two-and-a-half years following the entry into office of the current President, a total of 14.7 million hectares have been subject to restructuring. The Committee would be grateful if the Government would continue to supply information in this respect.

Articles 24 and 25. Social security and health. The Government recognizes in its report that the Bolivian State has a “social debt” in health matters which has accumulated since the colonial era. It states that this social debt worsened during the last 20 years owing to policies for the privatization and commercialization of health services. This has resulted in epidemiological profiles characterized by “poverty-related diseases” such as tuberculosis, diarrhoea and infections which in turn have resulted in high infant mortality, creating equality and gender gaps and differences between urban and rural areas and between indigenous and non-indigenous peoples. The Committee notes with interest that the Government indicates the following areas of progress: (i) the Ministry of Health aims to achieve universal access to a Single Family, Community and Inter‑Cultural Health System; (ii) the Under-Ministry of Traditional Medicine and Inter-Cultural Health was established; (iii) protocol agreements for the Single Health System have been established, incorporating inter-cultural protocols and treatment with traditional medicine; and (iv) Supreme Decree No. 29601, which establishes the service and management model for family, community and inter‑cultural health. It further notes that a census of traditional medical practitioners has been undertaken, staff are being trained with an inter-cultural perspective and the relevant laws are being drawn up. The Government indicates the following difficulties: (i) the current law on public participation is based on the municipality while the indigenous and original peoples have a different territorial structure; (ii) the fragmentation of the health system deepens with the proposal from the indigenous and original peoples seeking a different health system for each of the ethnic groups in the country; and (iii) economic resources are insufficient for universal health insurance. The Committee requests the Government to continue to supply information on the manner in which the difficulties indicated are being resolved and on the progress achieved in the application of these provisions.

Articles 26 to 28. Education. The Committee notes the detailed information on the policies, plans, objectives and results up to 2008 with regard to promoting bilingual inter-cultural education and requests the Government to continue supplying information in this respect.

Article 32. Cross-border contacts and cooperation. In its previous comments, the Committee noted that the Government had launched initiatives in the areas of the highlands (altiplano) to promote cooperation in the various fields of development for the Aymara peoples of Bolivia, Chile and Peru. The Committee again requests the Government to supply information in this respect.

Part VIII of the report form. The Committee notes that the report has been sent to the Coordinating Office for Indigenous and Peasant Farming Organizations of Bolivia (COINCABOL), which draws together the main indigenous and peasant farming organizations. The Committee considers that this is an important step with regard to the consultation of indigenous organizations in relation to the drawing up of the report. Considering that consulting indigenous peoples in relation to the preparation of the Government’s report can help promote dialogue on issues arising from the application of the Convention, the Committee asks the Government to indicate whether indigenous peoples have been involved in the elaboration of such a report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with satisfaction the legislation issued by Bolivia with regard to consultation on oil and gas exploitation and the consultations already held, and these will be referred to in greater detail below. In more general terms, the Committee welcomes the efforts made by Bolivia to achieve full participation which establishes the right of indigenous peoples to decide their own priorities for the process of development, in accordance with Article 7 of the Convention.

Articles 2 and 33. Coordinated and systematic action. The Committee notes the dissolution of the Ministry of Indigenous Affairs and Native Peoples (MAIPO). The Committee notes with interest that the Government has established the Unit for Indigenous Peoples’ Rights (UDPI) at the Ministry of the President’s office with the aim of promoting and coordinating the mainstreaming of indigenous peoples’ rights within state institutions. The Committee considers that this mainstreaming initiative could provide important channels for achieving greater coordination of state institutions in the handling of issues covered by the Convention and thereby facilitate coordinated and systematic action for its application. The Committee asks the Government to supply information on the following: (i) the manner in which the UDPI structures and develops this mainstreaming, including the results achieved and any difficulties encountered; (ii) the manner in which the UDPI gives effect to Articles 2 and 33 of the Convention; and (iii) the manner in which the UDPI guarantees indigenous participation according to the terms established by Articles 2 and 33.

Consultation, participation and natural resources: hydrocarbons

Legislation. For a number of years the Committee has been asking the Government to develop mechanisms and procedures for consultation and participation provided for by the Convention in relation to the exploration and exploitation of natural resources, particularly hydrocarbons (oil and gas). The Committee welcomes the efforts made by the Government to implement the consultation and participation rights of indigenous peoples with regard to natural resources. In this regard, the Committee notes the promulgation of Act No. 3058 (Hydrocarbons Act) (sections 114–118), which provides for mandatory consultation; Supreme Decree No. 29033 of 16 February 2007, issuing regulations for consultation and participation regarding oil and gas activities, which develops procedures for consultation and participation; and Supreme Decree No. 29124 of 9 May 2007, which complements the above.

Supreme Decree No. 29033. The Committee notes that, in the preamble to Decree No. 29033, there are multiple references to the Convention and also to the recommendations made by the ILO Governing Body in the report adopted on the representation made by the Bolivian Workers’ Federation (COB) in March 1999 (GB.274/16/7). The Committee notes that this Decree defines an extensive scope of application for consultation in both the personal field (indigenous and original peoples, and peasant farming communities), and in the material field (community lands of origin, community properties and lands to which these groups traditionally occupied or had access to). It establishes that the decision-making and representative bodies of the indigenous and original peoples and peasant farming communities at national, departmental, regional and local levels are the representative institutions to be involved in the processes of consultation and participation. It also regulates the financing of procedures (charged to the project). The Committee notes in particular that, under section 11 (planning), a joint agreement – between the competent authority and the representatives of the indigenous and original peoples and peasant farming communities – must be drawn up on the procedure to be followed for consultation, which will give rise to a memorandum of understanding. The consultation process will then be executed by the competent authority in coordination with the representative bodies of the indigenous and original peoples and peasant farming communities. The results of the consultation procedure will be set down in a validation agreement, which will state the position, observations, suggestions, additions and recommendations agreed upon by the indigenous and original peoples and peasant farming communities which might be affected. The consultation process will be deemed null and void if the established procedure is not respected, on account of false information or obtaining consent through pressure, intimidation, bribery, blackmail or violence, etc.

The Committee notes that efforts are being made to extend consultation to the mining and metallurgy sectors and work is being done on a project for indigenous participation in benefits and environmental control. The Committee would be grateful if the Government would supply information on the progress achieved in this respect and on any other new legislation adopted relating to participation and consultation.

Forced labour, consultation and participation. The Committee will provide a more detailed follow-up regarding forced labour in the context of the Forced Labour Convention, 1930 (No. 29), and in these comments it will examine the general measures adopted and indigenous consultation and participation for the elimination of forced labour. In its previous observation the Committee noted that a plan of action had been formulated, with ILO technical assistance, to eliminate forced labour, most victims of which are members of indigenous peoples, and that consultations on the plan were being held with workers’ organizations, indigenous organizations and the Ministry of Indigenous Affairs and Original Peoples. The Committee notes numerous measures adopted by the Government to eliminate forced labour. It notes that these include Act No. 3351 of 21 February 2006 and its regulations (Decree No. 28631 of 8 March 2006), which gives the Ministry of Labour competence for the development and coordination of policies to eliminate forced labour. By virtue of these competencies, the Ministry of Labour, by means of Supreme Decree No. 29292 of 3 October 2007, established the Inter-Ministerial Council for the elimination of forced labour comprising the following: the Ministry of Justice; Ministry of Rural Development, Agriculture and the Environment; Ministry of the President’s Office; Ministry of Development Planning; Ministry of Production and Micro-enterprise; and chaired by the Ministry of Labour. It indicates that the elimination of forced labour was based on joint action by various ministries and contained a land reorganization component. According to the report, the main difficulty encountered by this objective has been the resistance of landowners to the land reorganization process.

The report states that the following participatory measures were implemented: (i) the Assembly of the Guarani People approved the 2007–08 Inter-Ministerial Plan for Guarani people, the aim of which is to create decent living conditions for the Guarani families registered in the Chaco Boliviano, further to which the Government approved the execution of the Plan by means of Supreme Decree No. 29292; (ii) on 5 November 2008, the Ministry of Labour approved the internal regulations of the 2007–08 Inter-Ministerial Plan approved by the Guarani people and formed an executive board comprising six minister members of the Inter-Ministerial Council for the elimination of bonded labour, forced labour and other similar practices and six representatives of the Assembly of the Guarani People; (iii) other actions of the Ministry of Production and the Ministry of Justice. The Committee encourages the Government to continue its efforts to eliminate forced labour involving indigenous persons and to provide information in this respect, particularly as regards indigenous participation in the formulation, application and monitoring of measures adopted to eliminate indigenous forced labour.

Articles 21–23. Training. The Committee notes with interest that pursuant to Supreme Decree No. 29664 of 2 August 2008, three indigenous universities – of a community, inter-cultural and productive nature – were set up under the collective title of the Indigenous University of Bolivia (UNIBOL). One is for the Aymara people, another for the Quechua people and the third for the Guarani people. Areas of study include: highland (altiplano) agronomy, food industry, textiles industry, veterinary science, zoology, oil and gas industry, forestry and fisheries. Academic training will be in each people´s language, with additional courses for learning Spanish and a foreign language. Thesis projects will be defended in the native language of each region. Diplomas will be awarded at higher technical, bachelor’s degree and master’s degree level. The objective of the three universities is to reconstruct indigenous identities and develop scientific knowledge, know-how and technology on the basis of community criteria and the principles of complementarity, cooperative work, individual and collective responsibility, and respect for the environment. The Committee would be grateful if the Government would continue to supply information in this respect.

Constitutional reform. The Committee notes with interest that on 7 February 2009 the constitutional reform establishing a pluri-national State was promulgated and requests the Government to supply information on the changes that have occurred in law and in practice pursuant to the reform, in accordance with the provisions of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. In 2004, the Committee noted the detailed report provided by the Government, which was received in November and due to its late arrival only certain aspects of it were analysed, with the remaining matters being examined in the present direct request.

General policy

2. Article 1 of the Convention. The Committee notes that there are 36 indigenous peoples and peoples of origin in Bolivia grouped together in two organizations: the Confederation of Indigenous Peoples of Bolivia (CIDOB), which covers the peoples of the eastern part of the country; and the National Council of the Ayllus and Marcas of the Qollasuyo (CONAMAQ), which covers the peoples of origin in the West of Bolivia (the Andean area and the high valleys). The report indicates that, for the first time in Bolivia, a question was included in the National Census of the Population and Housing of 2001 on ethnic self-identification and, according to these data, 61.8 per cent of the Bolivian population identifies itself with an indigenous nation or nation of origin. The Committee would be grateful if the Government would indicate the manner in which legal recognition of this identity is granted, for example through the existence of procedures or registers, so that the peoples concerned can benefit from the protection afforded by the Convention. The Government also indicates that, although there is a minority population of persons of African extraction, and that there has been significant interbreeding with persons from indigenous groups and groups of origin, and particularly the Aymara, they are not included in the category of indigenous groups or groups of origin. The Committee considers that, if such groups show the characteristics set out in Article 1, paragraph 1(a) or (b), of the Convention and identify themselves as indigenous or tribal peoples, they are covered by the provisions of the Convention.

3. Articles 2 and 33. Coordinated and systematic policy. The Committee notes that, according to the report, in a context of great dispersion of the support provided for indigenous development, a structured approach has been developed focusing on fundamental aspects and the ethnic democratization of the country. It notes that in 2003 a Ministry without portfolio was created with responsibility for Indigenous Affairs and Peoples of Origin (MAIPO), with two deputy Ministers: the Deputy Minister for Policies and Management of the Low Lands; and the Deputy Minister for Policies and Management of the High Lands. It indicates that these are the leading state bodies for indigenous matters in the country and are responsible for ensuring the preparation and implementation of standards, policies, programmes and projects relating to indigenous peoples, even though other ministries, such as the Ministry of Mining and Hydrocarbons, also manage projects relating to indigenous matters in their fields of competence.

4. The Government indicates that, in order to facilitate the participation of indigenous peoples, an Advisory Council of Indigenous Peoples and Peoples of Origin of Bolivia has been established, composed of six government representatives and six representatives of indigenous organizations. This Council has operated on an irregular basis, particularly due to the constant rotation of the personnel of both the state bodies and indigenous organizations, but the Government has indicated that priority is to be given to its reactivation and consolidation. The Committee considers that, in accordance with Article 2 of the Convention, coordinated and systematic action, with the participation of indigenous peoples, is fundamental for the proper application of the Convention. The Committee is aware of the institutional problems affecting the country, but at the same time expresses concern at the irregular functioning of the machinery for participation and consultation. The achievement of permanent dialogue at all levels, as required by the Convention, would contribute to preventing conflict and building an inclusive model of development. Furthermore, the Committee notes that the fundamental problem for the application of the Convention is not so much the absence of legislation, as the difficulties in its implementation. The Committee urges the Government to redouble its efforts to achieve the coordination of existing programmes, with the participation of indigenous peoples at all stages of their implementation, from planning through to evaluation, in accordance with Article 2, paragraph 1, and Article 33, paragraph 2(a) and (b), of the Convention.

5. Discrimination. The Government indicates that practices of exclusion and discrimination continue to affect public policies (lack of clarity and precision, particularly in the promotion of equitable economic development), in the formulation and implementation of laws and that, for this reason, the Government has requested the technical assistance of the Office. The Committee, which hopes that the Office will provide the necessary technical assistance, will follow this matter, which can make an effective contribution to resolving the problems of discrimination referred to by the Government.

6. Article 4. Special measures. The Committee notes that, according to the report, as from the changes made in 1995 to the Constitution, new and substantial possibilities opened up to reverse the situation of exclusion which had historically affected indigenous peoples. It notes that the special measures included the creation of Indigenous Municipal Districts (DMI), the implementation of which encountered difficulties, such as the discontinuous nature of indigenous lands; the dual frontiers between the political division of the State and indigenous lands, which has given rise to the overlapping of territories; the granting of title to community lands of origin, which has not always followed municipal limits and gives rise to incompatibilities between public ownership, private property and communal property, and the establishment of municipalities without considering their viability, combined with a centralized distribution of resources. The Committee hopes that the Government will examine the possible means of resolving this situation with the participation of the peoples concerned, and that it will keep the Committee informed on this subject.

7. Article 5. The values of indigenous peoples. The Committee notes that for the first time the Aymara has been accorded recognition of its religious practices under the terms of the regulations respecting religious practices, under the name of Religiosidad Milenaria Indígena de Amautas Kurmi-A. With reference to its previous direct request, the Government indicates that the sects which are active among indigenous peoples are controlled under the above regulations, which establish the obligation for religious associations to respect the multi-ethnic and pluricultural nature of the nation. The Committee would be grateful if the Government would keep it informed of any disputes of a religious nature which may have arisen due to the presence of these sects.

Consultation and participation

8. Article 6. The Committee notes that in the low lands, the consultation of indigenous peoples is carried out through their organizations and that various mechanisms have been used to hold consultations with the CIDOB. Please indicate the consultations held during the period covered by the next report with indigenous peoples in the low lands and the mechanisms used and the consultations held with indigenous peoples in the high lands. The Committee also notes that the rules governing debates in the Chamber of Deputies establish the obligation for Congressional Commissions to hold public consultation hearings with the sectors of the population directly concerned. Please indicate the consultations held in practice with indigenous peoples under these rules. In 2004, the Committee noted that the Government had provided the draft text of a Supreme Decree on "consultation and participation of indigenous peoples of origin - ILO Convention No. 169". The Committee emphasizes the need for an appropriate consultation procedure, which is the fundamental mechanism envisaged by the Convention to prevent and resolve any conflict of interests through dialogue and participation, and it requests information on developments relating to the above draft text.

9. Article 7. The Committee also notes that, according to the report, Act No. 2271 of 2004 respecting citizens’ groupings guarantees the recognition and participation of indigenous groupings and peoples in municipal, national and constitutional electoral processes and that, through their parties, 19 indigenous deputies were elected in 2002. The Committee would be grateful if the Government would continue providing information on this subject.

10. Impact studies. The Committee notes that no impact study has been undertaken on investments in productive and other types of infrastructure in indigenous areas and indigenous municipal districts. There is a significant void in this respect, as the processes of reviewing the TCOs are relatively recent and the DMIs have not achieved any real administrative or economic decentralization. The Committee would be grateful if the Government would keep it informed on the progress achieved and the difficulties encountered in this respect. With regard to the forestry and hydrocarbon management plans, the Committee notes the information supplied by the Government and refers to its observation of 2005.

Justice

11. Articles 8 to 10. The Committee notes that article 171 of the Constitution recognizes community justice and that section 28 of the Code of Penal Procedure provides that criminal prosecution is not applicable when the offence is committed within a community and is resolved in accordance with customary indigenous law, provided that the outcome is not contrary to the fundamental rights and guarantees set forth in the Constitution. The Committee would be grateful if the Government would provide examples of cases in which this provision has been applied. It notes that the Ombudsperson has contributed to facilitating access to justice by members of indigenous peoples. The Committee would be grateful if the Government would keep it informed of any developments in this respect. The Committee notes with interest the subprogramme on the training of higher-level practitioners of community justice in La Paz and requests information on this subject.

12. Article 11. Forced labour. In 2004 the Committee noted that the Government is working closely with the Office to implement effective measures to eradicate forced labour, the main victims of which are members of indigenous peoples. It notes the study "Trapped in debt bondage in Bolivia", undertaken by the programme to promote the ILO Declaration on Fundamental Principles and Rights at Work. The Committee notes that, according to the study, it is reported that there are 21,000 workers who are not free, with substantial differences in relation to the degree of intensity of forced labour to which they are subjected, and that the majority of those concerned are indigenous. One of the recommendations of the study was the ratification of the Forced Labour Convention, 1930 (No. 29). The Committee notes with interest that on 5 May 2005 Bolivia ratified Convention No. 29. In view of the above, the principal follow up of this subject will be carried out when examining reports on the application of Convention No. 29, even though certain specific aspects relating to indigenous peoples may continue to be examined within the context of Convention No. 169.

Lands

13. The report emphasizes that the system of land occupancy became destructured with the imposition of the individual ownership principle based on the model of European civil law. At the present time, two situations arise with regard to indigenous peoples and lands: (1) the communities which, during the process of the conquest, provided labour for mining, lost their lands; and (2) those who formed part of the so-called "colonial pact" managed to maintain their structures and beliefs, under which land ownership corresponds to the community, while its use corresponds to the family. It notes that, in accordance with Act No. 1715 respecting the National Agrarian Reform Service, the forms of land ownership are: rural lots, small properties, medium-sized properties, agricultural and stock-raising enterprises, community lands of origin and community or communal land. The first two and the last two correspond to indigenous peoples. The legislation distinguishes between two forms of collective ownership: community lands of origin and community ownership.

14. Procedures. The Committee notes that Act No. 1715 provides for the participation of the National Agrarian Reform Institute (INRA) and the MAIPO in the delimitation and granting of title to land, and that up to 2003 the INRA had recognized 159 claims, for which it had accorded title in 27 cases. The Government indicates that the majority of the Bolivian population is indigenous and that the lands claimed by indigenous organizations amount to 34 million hectares. The Committee, recalling the subject matter of the representation by the COB relating to the overlapping of forestry concessions and indigenous lands that were under review, reiterates the need to resolve this situation and requests the Government to provide information on the procedures and measures applied in practice to resolve these issues and prevent the same difficulties happening again.

15. Nomadic and itinerant peoples. In its previous direct request, the Committee requested information on the measures adopted to guarantee the right of the peoples concerned to use lands which are not exclusively occupied by them, but to which they have traditionally had access through their traditional and subsistence activities, with special reference to nomadic and itinerant peoples. The Committee notes that, according to the report, certain peoples are in this situation who are characterized by a mix between being itinerant and settled in formal communities, such as the Ayoreo people, who are cyclically itinerant, the Uru, Uro Murato and Puquina peoples, who stray into Aymara lands, the Tsimane people, the communities of the Leco people, and that the rights of incursion and use of lands are conditional upon the tolerance and consideration of the permanent occupants. The Committee requests the Government to consider the adoption of measures to give legislative expression to these rights, on which the survival of these peoples depends.

16. Natural resources. The Committee refers to the previous paragraphs and reiterates that Article 15 provides for consultation, even where the State retains ownership of natural resources, where they are located in indigenous lands as defined in Article 13 of the Convention, and that indigenous peoples have the right, wherever possible, to participate in the benefits of such activities. The Committee once again requests the Government to indicate: (a) 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) how these groups are compensated for any damages which they may sustain as a result of such activities.

17. Article 20. Recruitment and conditions of employment. The Committee also notes that the INRA Act incorporates wage earners in rural areas within the scope of the General Labour Act. However, as its regulations have not yet been adopted, these workers, who are almost all indigenous, are not yet in practice protected by the General Labour Act, but that a draft legislative text is being prepared on rural wage earners which is in the process of tripartite consultation. The Committee urges the Government to adopt adequate legislative measures to ensure the legal protection of indigenous workers and it would be grateful if the Government would keep it informed of any development in this respect.

18. Articles 21 to 23. Training. The Committee notes the establishment of the Universidad Pública El Alto in 2001 in a region mainly inhabited by the Aymara population, the efforts made to diversify and raise the educational and administrative level of normal higher intercultural bilingual education institutes, the specific projects carried out in Amazonia for the training of graduate teachers from indigenous communities and in the fields of ethno-tourism, craftwork and the management of flora and fauna. The Committee would be grateful if the Government would provide further information on the effect given to Article 22, paragraph 3, in fine, under which, where feasible, indigenous peoples shall progressively assume responsibility for the organization of the special training programmes required under Article 22, paragraph 2.

19. Articles 24 and 25. Social security and health. According to the Government’s report, there are 38 indigenous peoples, of which 80 per cent do not have health centres. The Government adds that, despite the establishment in 2001 of the basic indigenous health insurance scheme, the latter was not implemented as it was replaced by the Universal Maternal and Infant Insurance Scheme (SUMI). This scheme provides free medical care for pregnant women and children up to the age of five years, although in practice the system of short-term social security does not provide coverage to indigenous persons, even where they work for employers, due to the fact that work situations in rural areas are in their majority very precarious. The Committee also notes that, according to a recent study by the World Bank (Indigenous peoples, poverty and human development in Latin America: 1994-2004), health coverage in Bolivia amounts to 19 per cent, although the level for indigenous peoples is 12 per cent. The Committee expresses its concern at this situation and requests the Government to redouble its efforts to extend health coverage for indigenous peoples, organizing the services to the extent possible at the community level, and to keep it informed of the progress achieved and difficulties encountered.

20. The Committee notes that agreements have been concluded between peoples affiliated to the CIDOB and the Ministry of Health to incorporate and facilitate access to traditional indigenous medicine. The National Indigenous Health Council has also been established and operates in regions affiliated to the CIDOB. The Government also indicates that Ministerial Decision No. 0496, of 9 October 2001, promotes the inclusion of practices intended to respect the customs of indigenous women in the case of childbirth in hospitals. The Committee requests the Government to provide information on the extent to which effect is given to this provision and on the activities of the National Indigenous Health Council or of any other form of cooperation with indigenous peoples for the provision of health services, in accordance Article 25, paragraph 2, of the Convention.

21. Articles 26 to 28. Education. The Committee notes the information provided by the Government on the progress made in the design and preparation of curricula and the materials developed for this purpose. It also notes that education councils for peoples of origin are being established and that the Aymara and Quechua Councils are operating in the high lands, and the Amazonian Multi-ethnic and Guaraní Councils in the low lands. The Committee would be grateful if the Government would provide information on the operation in practice of these Councils.

22. The Committee notes from the World Bank study referred to above that the results of standard tests in schools were 12 per cent lower for indigenous children in relation to non-indigenous children. The study also indicates that the increase in average earnings for each additional year of schooling is lower for indigenous than non-indigenous persons. The Committee requests the Government to make efforts to provide education of equal quality to indigenous and non-indigenous children and to continue providing information on this subject.

23. Article 32. Contacts and cooperation across borders. The Committee notes that, according to the report, the Government has launched initiatives in the areas of the altiplano to promote cooperation in the various fields of development for the Aymara peoples of Bolivia, Chile and Peru. The first phase is confined to state action and a second phase will include the representation of indigenous peoples. Please provide information on the progress achieved in relation to these initiatives.

Part VIII of the report form. Considering that the Convention is fundamentally an instrument to promote dialogue and participation, the Committee wishes to remind the Government that this part of the report form for the Convention, approved by the Governing Body, indicates that, "although such action is not required, the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application". Noting that the report was prepared by the Ministry of Labour, and that the MAIPO is the leading body in indigenous affairs, the Committee would be grateful if the Government would indicate whether this body or the Advisory Council of Indigenous Peoples and Peoples of Origin of Bolivia, participated in the preparation of the report and whether their participation is planned for the next report. The Committee also requests the Government to consider the possibility of consulting the principal indigenous organizations referred to by the Government for the preparation of its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes a communication from the International Confederation of Free Trade Unions (ICFTU), received on 25 August 2005, and the Government’s reply, received on 17 November 2005, which also replies in part to its observation of 2004.

Comments of the ICFTU - Consultations on oil exploitation

Background

1. Consultation, exploration and exploitation of natural resources. In 2004, the Committee noted a communication from the International Confederation of Free Trade Unions (ICFTU) and the Government’s reply. The communication referred to the Guaraní indigenous community of Tentayapi, in the Department of Chuquisaca, in the middle of a region coveted for its oil reserves, covering an area of 20,000 hectares with legal title. Despite this, an oil company (MAXUS-REPSOL) is seeking, according to the allegations, to undertake exploration and exploitation activities in their lands (Bloque Caipependi), without consulting or obtaining the approval of the communities concerned. According to the ICFTU, the enterprise obtained a few signatures by means of deceit, as the signatories were unable to read to understand what they were signing. The communication reports that the indigenous people have been very active in opposing these activities and that they even persuaded the Chamber of Deputies to approve a Bill to preserve Tentayapi in July 2004. Finally, it indicates that MAXUS-REPSOL started prospecting on the lands of the community on that very month.

2. The Committee also noted the Government’s comments on the communication from the ICFTU and the two volumes of documents attached pertaining to studies carried out by MAXUS-REPSOL, which include a document for public distribution together with a copy (six pages), a document recording delivery and receipt of the latter, a document for public consultation in Tentayapi, signed by six inhabitants of Tentayapi, and a number of documents entitled "private document - agreement to obtain ownership, undertaking to compensate".

3. In 2004 the Committee observed, firstly, that the enterprise MAXUS-REPSOL held an information meeting with the Tentayapi community and, secondly, that the latter community is not satisfied with the procedure followed, nor the outcome, and that on the contrary it took its claims to various national bodies before sending its communication. The Committee recalls that consultation is a process, and not a mere act of information, involving a specific procedure and with the objective of reaching an agreement with the peoples concerned and that, in the case of natural resources, there are also other requirements. The Committee also noted previously that the obligation to ensure that consultations are held in a manner consistent with the requirements established in the Convention is an obligation to be discharged by governments, not by private individuals or companies.

4. The Committee expressed its hope previously that the Government would promote real dialogue with the communities concerned in the manner laid down in the Convention and that it would keep the Committee informed of any developments in the situation.

Communication of 2005

5. The Committee notes a further communication, also by the ICFTU, dated 25 August 2005, and forwarded to the Government on 1 September 2005. It notes the Government’s observations received on 24 October 2005. According to this latest communication, up to the date on which it was sent, the Tentayapi community had still not been consulted on the oil exploration and exploitation activities which the company Maxus Bolivia Inc. (Repsol-YPF) has commenced and is seeking to undertake in its community lands of origin (TCO). The ICFTU refers to many activities undertaken by the community to defend its rights to its lands and indicates that, on 26 November 2004, Act No. 2921 was adopted declaring the Tentayapi community the "Historical, Cultural and Natural Heritage of the Guarani-Simba". Nevertheless, the ICFTU contends that the Government has not replied to any of the letters sent by the community and has not made any effort to promote a process of consultation. It reiterates the need to hold consultations through adequate procedures, and particularly through representative institutions, in accordance with Articles 6, 7 and 15 of the Convention. Furthermore, it deplores the absence of measures by the Government, such as the suspension of the activities of the Maxus enterprise, to protect the rights of the community. It adds that the environmental impact assessment study carried out by the company Tarija Ecogestión SRL, under contract from Maxus, was prepared without the collaboration of the Tentayapi community, thereby exacerbating the lack of confidence, and that the only reference to the community in Chapter 13 (Identification of information gaps) is the mention "great difficulty in entering the various communities located in the project area" and "difficulty in obtaining information from the TCO Tentayapi". In conclusion, the ICFTU indicates that the isolation of the community is what has enabled it to survive up to now.

6. In its observations on the communication, the Government indicates that it has undertaken various actions to protect and safeguard the Tentayapi community, including the adoption of Act No. 2921 referred to above, and that due to the political situation of the country it has not been possible to engage in an appropriate consultation process. It states that an Inter-institutional Commission has been established, under the responsibility of the Ministry of Indigenous Affairs and Peoples of Origin (MAIPO), the Ministry of Hydrocarbons, the Ministry of the President’s Office and with the participation of indigenous organizations, the Eastern Bolivian Indigenous Confederation (CIDOB), the Guaraní People’s Assembly (APG) and the Capitanes de Chuquisaca Council (CCCH). It indicates that this Commission is planning to enter the Tentayapi community on 24 October 2005 to engage in the consultation process and that it will provide a detailed report on this process to the Committee. It adds that the Vice-Ministry of Justice is implementing the project "Indigenous Peoples and Empowerment", which has three offices, of which one, in Monteagudo, is closely following the dispute of the Tentayapi indigenous community. In conclusion, the Government states that the company MAXUS-REPSOL voluntarily ceased its activities on the lands owned by the Tentayapi community in July 2004, according to the information from the office in Monteagudo.

7. The Committee requests the Government to provide information on the impact in practice of the adoption of Act No. 2921 on the prospection and exploitation project referred to above. Noting that MAXUS-REPSOL has suspended its activities voluntarily, the Committee requests the Government to take the necessary measures to engage in prior consultation in accordance with Articles 15, 6 and 7 of the Convention before authorizing the recommencement of activities. The Committee once again recalls that ensuring that consultations are held in a manner that is compatible with the requirements established in the Convention is an obligation to be discharged by governments, not by private individuals or companies. The Committee requests the Government to keep it informed of developments in the situation.

Follow-up of a representation in 1999 on consultation and forest resources

8.  In March 1999, the Governing Body adopted the report of the committee set up to examine the representation made by the Bolivian Central of Workers (COB) on the application of Convention No. 169 (document GB.274/16/7). The representation alleged that the National Forestry Superintendency had issued administrative decisions granting, without prior consultation, 27 renewable forestry concessions for a term of 40 years which overlap with community lands of origin. These lands are undergoing a process of review in order to determine third-party entitlements within them. The tripartite committee indicated that, in view of the measures to review title to the lands claimed, the expropriations and concessions for the exploitation of resources may directly affect the viability and interests of the indigenous peoples concerned and that Article 15 of the Convention should be applied in conjunction with Articles 6 and 7, and it recalled that by ratifying the Convention, governments undertake to ensure that the indigenous communities concerned are consulted promptly and adequately on the extent and implications of exploration and exploitation activities, whether these are mining, oil or forestry activities. Furthermore, while noting that the lands with which the forestry concessions overlap had not been titled as community lands of origin, the tripartite committee observed that it had not received any evidence indicating that such consultations, whether under Article 6(a) or Article 15(2) of the Convention, had been carried out or whether provision had been made for the peoples concerned to participate, wherever possible, in the benefits of such activities.

9. In its last observation, the Committee noted that there was no new information on the main issues which had given rise to the representation. It requested the Government to provide detailed information in its next report on the action taken on the recommendations of the tripartite committee. In accordance with these recommendations, the Committee of Experts had been requesting the Government for several years to provide information on: (1) the measures adopted or envisaged to resolve the situations which gave rise to the representation, taking into account the need to establish an effective mechanism for prior consultation with the peoples concerned, as required by Articles 6 and 15 of the Convention, before undertaking any programme of exploration or exploitation of the resources pertaining to their lands; (2) the progress achieved in practice with regard to the consultations held with the peoples located in the area in which the 27 forestry concessions overlap with the community lands of origin, including information on the participation of these peoples in the use, management and conservation of these resources and in the benefits of forestry activities, as well as the granting to them of fair compensation for any damages which they may sustain as a result of the exploration and exploitation in the area; (3) the progress made in the process of reviewing and granting ownership title to the peoples concerned who inhabit the areas affected by the overlapping forestry concessions; and (4) the specific situation of indigenous groups inhabiting the area covered by the concessions.

10. The Committee notes with interest that, in a communication of 17 November 2005, the Government indicates that concessions have not at present been granted in community lands of origin, but only in specially delimited lands.

11. With regard to the other remaining matters, the Government reiterates that the basis of the representation is not genuine, as it does not concern the delivery of new concessions, but the reconversion of pre-existing forestry concessions in indigenous lands to which title had not yet been granted, but was under review. As these matters were duly examined by the tripartite committee, the Committee of Experts will not reopen them. Furthermore, the Committee recalls that, under the terms of Article 13, paragraph 2, of the Convention, "the use of the term ‘lands’ in Articles 15 and 16 shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise use". It is accordingly necessary to engage in the consultations envisaged in Article 15, paragraph 2, even though the lands are undergoing a process of review and title has not yet been granted.

12. The Committee accordingly urges the Government to: (1) take the necessary measures to resolve the situations which gave rise to the representation, taking into account the need to establish an effective mechanism for prior consultation with indigenous peoples, as required by Articles 6 and 15 of the Convention, before undertaking any programme of exploration or exploitation of the resources pertaining to their lands; (2) provide information on the progress achieved in practice with regard to the consultations held with the peoples located in the area in which the 27 forestry concessions overlap with the community lands of origin, including information on the participation of these peoples in the use, management and conservation of these resources and in the benefits of forestry activities, as well as the granting to them of fair compensation for any damages which they may sustain as a result of the exploration and exploitation in the area; (3) provide information on the progress achieved in the process of reviewing and granting ownership title to the peoples concerned who inhabit the areas affected by the overlapping forestry concessions; and (4) indicate the specific situation of the indigenous groups inhabiting the area covered by the concessions. In brief, the Committee emphasizes the need to find solutions in consultation with the peoples concerned.

13. Towards a culture of consultation. The Committee recalls that the facts which gave rise to the COB’s representation present the common trait with the ICFTU’s communication that both of them refer to the need to apply in conjunction Articles 6, 7 and 15 of the Convention and that no progress has been made in this respect, for which reason the issue of the lack of adequate consultation in relation to forestry concessions has arisen once again with regard to oil prospecting. The Committee notes that, according to the Government, the Ministry of Hydrocarbons has prepared a legislative proposal relating to compulsory consultations with indigenous peoples prior to the exploration and exploitation of natural resources pertaining to their lands, which has been forwarded to indigenous organizations for their observations. The Committee reminds the Government that it may request the technical assistance of the Office, if it considers it necessary, to lay the basis for the formulation of an appropriate framework for consultation, with the participation of indigenous peoples. The Committee requests the Government to keep it informed of the measures adopted in relation to this paragraph.

14. Forced labour. The Committee notes the study "Trapped in debt bondage in Bolivia", produced by the promotional programme on the Declaration on Fundamental Principles and Rights at Work. One of the recommendations of this study is the ratification of the Forced Labour Convention, 1930 (No. 29). The Committee notes with interest that, on 5 May 2005, Bolivia ratified Convention No. 29. It also notes with interest that it has commenced, with ILO technical assistance, the formulation of a plan of action to eradicate forced labour, which mainly affects the indigenous population, and that consultations on this plan are being held with workers’ organizations, indigenous organizations and the Ministry of Indigenous Affairs and Peoples of Origin. The Committee would be grateful if the Government would keep it informed of the outcome of the consultations on the plan of action.

The Committee is addressing a request directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee takes note of the Government’s detailed report, received shortly before the Committee of Experts began its work and containing the information requested in its previous comments. It also notes the various attachments containing information, inter alia, on legislation enacted, draft legislation and court decisions.

2. Follow-up to the representation of 1999. In March 1999, the Governing Body adopted the report of the committee set up to examine a representation made the Bolivian Central of Workers (COB) on the application of Convention No. 169 (Document GB.274/16/7). In that representation, the COB alleged that the National Forestry Superintendency had issued administrative decisions granting, without prior consultation, 27 renewable forestry concessions for a term of 40 years, which overlap with community lands of indigenous origin. These lands are undergoing a review in order to determine third-party entitlements within them. The abovementioned tripartite committee noted that in view of the fact that the measures to review title to the lands claimed, the expropriations and concessions for the exploitation of resources may directly affect the viability and interests of the indigenous peoples concerned, Article 15 of the Convention should be applied in conjunction with Articles 6 and 7, and recalled that by ratifying the Convention governments undertake to ensure that the indigenous communities concerned are consulted promptly and adequately on the extent and implications of exploration and exploitation activities, whether these are mining, oil or forestry activities. Furthermore, while noting that the lands with which the forestry concessions overlap had not yet been titled as community lands of origin, the abovementioned committee observed that it had not received any evidence indicating that such consultations, whether under Article 6(a) or Article 15(2), of the Convention had been carried out or whether provision had been made for the peoples concerned to participate wherever possible in the benefits of such activities.

3. It its last observation, the Committee requested detailed information on action taken on the recommendations made by the tripartite committee. With regard to consultation procedures, the Government indicates that section 8 of the Forestry Act establishes machinery for participation by citizens as well as guarantees of transparency giving all natural and legal persons the right to request information on the forestry system. As to the duration of the forestry concessions, the Government states that contracts concluded prior to the grant of title could be converted to concessions, though not for a term of 40 years but for the duration of the original contract. It also indicates that following unsuccessful applications for revocation and appeals, the indigenous organizations with outstanding land claims filed appeals to the Supreme Court of Justice pending grant of land titles which were dismissed as unproven. With regard to the review process, the Government indicates that its results may affect and bring about a reduction of forestry concessions. The Government also provides information on the forestry concessions that overlap with indigenous lands. The Committee notes that there is no new information on the main issues that gave rise to the representation. It requests the Government to provide detailed information in its next report on the action taken on the recommendations in the report adopted by the Governing Body on the representation of the COB.

4. Comments by the ICFTU - Consultation on oil drilling. The Committee also notes a communication of 1 September 2004, and the documents attached thereto, from the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention, forwarded to the Government on 13 September 2004, and the Government’s reply thereto. The ICFTU refers to the guaraní indigenous community of Tentayapi, which it describes as the community that most strongly defends its culture, values and way of life. The community is located in the Department of Chuquisaca, an area coveted for its oil reserves, and has legal title to an area covering 20,000 hectares. According to the ICFTU, an oil company (MAXUS-REPSOL) is seeking, without consulting or obtaining approval from the communities concerned, to explore and drill in their territory (Bloque Caipependi), on the strength of a few signatures which it obtained through deceit, the signatories being unable to read of understand what they were signing. The indigenous people have been highly active in opposing exploration and drilling and have even succeeded in getting the Chamber of Deputies to approve in July 2004 a bill to preserve Tentayapi (currently before the Senate). Finally, they alerted the Committee that in that same month, MAXUS-REPSOL started prospecting on community land.

5. The Committee notes the Government’s comments on the communication from the ICFTU and the two volumes of documents attached pertaining to studies carried out by MAXUS which include a document for public distribution together with a copy (six pages), a document recording delivery and receipt of the latter, a document for public consultation in Tentayapi, signed by six inhabitants of Tentayapi and a number of documents entitled "Private document - agreement for obtention of ownership, undertaking to compensate".

6. The Committee notes first that MAXUS held a briefing with the Tentayapi community and secondly, that the latter is not satisfied with the procedure used or the results, and took its claims to various national bodies prior to the abovementioned communication. Articles 6, 7 and 15 of the Convention, which lay down requirements for consultation, establish that consultation is not an information exercise but a process carried out for the purpose of reaching an agreement with the peoples affected, and lay down specific requirements where natural resources are involved. As the Governing Body noted in its report on another representation (GB.282/14/2, paragraph 38) "the concept of consulting the indigenous communities that could be affected by the exploration or exploitation of natural resources includes establishing a genuine dialogue between both parties characterized by communication and understanding, mutual respect, good faith and the sincere wish to reach a common accord. A simple information meeting cannot be considered as complying with the provisions of the Convention." The Committee further points out that the obligation to ensure that consultations are held in a manner consistent with the requirements established in the Convention is an obligation to be discharged by governments, not by private persons or companies.

7. In conclusion, the Committee hopes that the Government will promote real dialogue with the communities affected in the manner laid down in the Convention, and that it will order the suspension of actions that violate the interest of the guaraníindigenous community of Tentayapi and that relevant consultations will be held. It also asks the Government to keep the Committee informed of any developments in the situation.

8. Towards a culture of consultation. At a general level, the Committee observes that the events behind both the COB’s representation and the ICFTU’s communication arose from a failure to apply Articles 6, 7 and 15 of the Convention together, and that because there was no progress in this matter, the flaws in the consultations in the case of the forestry concessions were repeated in the oil case. The Committee hopes that the Government will take all necessary steps to establish consultation mechanisms that enable effect to be given to the provisions of the Convention.

9. The Committee notes that among the documents appended to its report, the Government included two bills, a "Draft Supreme Decree on Consultation and Participation of Indigenous Peoples of Origin - ILO Convention No. 169" and a "Draft Regulation on Mining Operations in Community Lands of Origin, and Indigenous Community and Communities of Origin. The Committee expresses the hope that these bills herald progress and its conviction that they warrant a process of consultation between the Government and the International Labour Office with the essential participation of the indigenous peoples.

10. The Committee also notes that the Government is working closely with the Office to implement effective measures to eradicate forced labour, the main victims of which are members of indigenous peoples. It further notes that in September 2004 the Government stated that the Forced Labour Convention, 1930 (No. 29), is in the process of being ratified by the National Congress. Moreover, the Government has been in contact with the Office and other bodies in the United Nations system with a view to setting up joint technical assistance programmes that will help it to develop coordinated and systematic action on indigenous issues (Article 2 of the Convention). The Committee hopes that in its next report the Government will provide information on progress made in this matter.

11. The Committee will carry out a detailed examination of the Government’s report in 2005 and requests the Government in its next report to provide information on developments in the situations that gave rise to the COB’s representation and the ICFTU’s communication.

[The Government is asked to reply in detail to the present comments in 2005.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee regrets to note that the Government’s report has not been received. It is therefore forced to repeat its previous observation, which read as follows:

1. The Committee notes the Government’s last report received in 1998, the analysis of which was postponed due to the examination of a representation. The Committee notes that this report does not contain replies to the matters raised by the Committee in its last direct request in 1995, nor information on the application of the Convention in practice. The Committee also notes that the Government has not yet provided information on the effect given to the recommendations made by a tripartite committee set up to examine a representation made by the Bolivian Central of Workers (COB) alleging non-compliance by the Government of Bolivia, with some provisions of the Convention, which were adopted by the Governing Body in March 1999 (document GB.274/16/7).

2. The allegations made by the COB referred principally to the administrative decisions of the National Forestry Superintendency granting 27 forestry concessions for a duration of 40 years, which can be renewed, and which overlap with six traditional indigenous territories, without any prior consultation. These areas are undergoing a process of review in order to determine the rights of third parties in their respect.

3. The tripartite committee concluded that, in view of the fact that the review of claimed land, of expropriations and of concessions for the exploitation of resources may directly affect the viability and interests of the indigenous peoples concerned, Article 15 of the Convention should be read in conjunction with Articles 6 and 7, and by ratifying the Convention, governments undertake to ensure that the indigenous communities concerned are consulted promptly and adequately on the extent and implications of exploration and exploitation activities, whether these are mining, oil or forestry activities.

4. It added that, as the lands for which the forestry concessions overlap have not yet been designated as community-held lands, it had not received any evidence indicating that such consultations, whether under Article 6(a) or Article 15, paragraph 2, of the Convention, had been carried out or whether provision had been made for the peoples concerned to participate wherever possible in the benefits of such activities.

5. The Governing Body accordingly requested the Government: (a) to supply detailed information to the Committee of Experts on the measures taken or envisaged to give effect to the provisions of the Convention referred to in the foregoing paragraphs; (b) to apply fully the provisions of Article 15 of the Convention and consider engaging in consultations in each particular case, especially when large tracts of land such as those referred to in the representation are affected, as well as environmental, cultural, social and spiritual impact studies, jointly with the peoples concerned, before authorizing the exploration and exploitation of natural resources in areas traditionally occupied by indigenous peoples; (c) to inform it of the process of reviewing title under way in the community-held lands and on the establishment or maintenance of the appropriate consultation procedures which must be carried out before undertaking any programme for the exploration or exploitation of natural resources, as provided by the Convention; (d) to inform it of the progress made in practice with regard to consultations with the peoples concerned, their participation wherever possible in the benefits of the concessions and their receipt of fair compensation for any damages which they may sustain as a result of this exploitation; and to pay special attention in its report to the specific situation of indigenous communities which would sustain a greater impact from the effects of forestry concessions in their territories; and (e) to request the complainants to inform the Committee of Experts whether they have availed themselves of the right to appeal to the Supreme Court of Justice and, if so, to inform it of the outcome, and concerning the appeal filed with the System for the Regulation of Renewable Natural Resources (SIRENARE).

6. The Committee hopes that the Government will provide in its next report the information indicated in the previous paragraph and that it will indicate in particular: (1) the measures adopted or envisaged to resolve the situations which gave rise to the representation, taking into account the need to establish an effective mechanism for prior consultation with the peoples concerned, as required by Articles 6 and 15 of the Convention, before undertaking any programme of exploration or exploitation of the resources pertaining to their land; (2) the progress achieved in practice with regard to the consultations held with the peoples located in the area in which the 27 forestry concessions overlap with the community-held lands, including information on the participation of these peoples in the use, management and conservation of these resources and in the benefits of forestry activities, as well as the granting to them of fair compensation for any damages which they may sustain as a result of the exploration and exploitation in the area; (3) the progress made in the process of reviewing and granting ownership title to the peoples concerned who inhabit the areas affected by the overlapping forestry concessions; and (4) the specific situation of indigenous groups inhabiting the area covered by the concessions. Please also provide information on any appeals lodged and any judicial or administrative decisions issued in such cases which are related to the problem examined in the representation. The Committee hopes that the Government will provide detailed information on these matters in its next report.

[The Government is asked to report in detail in 2004.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s last report received in 1998, the analysis of which was postponed due to the examination of a representation. The Committee notes that this report does not contain replies to the matters raised by the Committee in its last direct request in 1995, nor information on the application of the Convention in practice. The Committee also notes that the Government has not yet provided information on the effect given to the recommendations made by a tripartite committee set up to examine a representation made by the Bolivian Central of Workers (COB) alleging non-compliance by the Government of Bolivia, with some provisions of the Convention, which were adopted by the Governing Body in March 1999 (document GB.274/16/7).

2. The allegations made by the COB referred principally to the administrative decisions of the National Forestry Superintendency granting 27 forestry concessions for a duration of 40 years, which can be renewed, and which overlap with six traditional indigenous territories, without any prior consultation. These areas are undergoing a process of review in order to determine the rights of third parties in their respect.

3. The tripartite committee concluded that, in view of the fact that the review of claimed land, of expropriations and of concessions for the exploitation of resources may directly affect the viability and interests of the indigenous peoples concerned, Article 15 of the Convention should be read in conjunction with Articles 6 and 7, and by ratifying the Convention, governments undertake to ensure that the indigenous communities concerned are consulted promptly and adequately on the extent and implications of exploration and exploitation activities, whether these are mining, oil or forestry activities.

4. It added that, as the lands for which the forestry concessions overlap have not yet been designated as community-held lands, it had not received any evidence indicating that such consultations, whether under Article 6(a) or Article 15, paragraph 2, of the Convention, had been carried out or whether provision had been made for the peoples concerned to participate wherever possible in the benefits of such activities.

5. The Governing Body accordingly requested the Government: (a) to supply detailed information to the Committee of Experts on the measures taken or envisaged to give effect to the provisions of the Convention referred to in the foregoing paragraphs; (b) to apply fully the provisions of Article 15 of the Convention and consider engaging in consultations in each particular case, especially when large tracts of land such as those referred to in the representation are affected, as well as environmental, cultural, social and spiritual impact studies, jointly with the peoples concerned, before authorizing the exploration and exploitation of natural resources in areas traditionally occupied by indigenous peoples; (c) to inform it of the process of reviewing title under way in the community-held lands and on the establishment or maintenance of the appropriate consultation procedures which must be carried out before undertaking any programme for the exploration or exploitation of natural resources, as provided by the Convention; (d) to inform it of the progress made in practice with regard to consultations with the peoples concerned, their participation wherever possible in the benefits of the concessions and their receipt of fair compensation for any damages which they may sustain as a result of this exploitation; and to pay special attention in its report to the specific situation of indigenous communities which would sustain a greater impact from the effects of forestry concessions in their territories; and (e) to request the complainants to inform the Committee of Experts whether they have availed themselves of the right to appeal to the Supreme Court of Justice and, if so, to inform it of the outcome, and concerning the appeal filed with the System for the Regulation of Renewable Natural Resources (SIRENARE).

6. The Committee hopes that the Government will provide in its next report the information indicated in the previous paragraph and that it will indicate in particular: (1) the measures adopted or envisaged to resolve the situations which gave rise to the representation, taking into account the need to establish an effective mechanism for prior consultation with the peoples concerned, as required by Articles 6 and 15 of the Convention, before undertaking any programme of exploration or exploitation of the resources pertaining to their land; (2) the progress achieved in practice with regard to the consultations held with the peoples located in the area in which the 27 forestry concessions overlap with the community-held lands, including information on the participation of these peoples in the use, management and conservation of these resources and in the benefits of forestry activities, as well as the granting to them of fair compensation for any damages which they may sustain as a result of the exploration and exploitation in the area; (3) the progress made in the process of reviewing and granting ownership title to the peoples concerned who inhabit the areas affected by the overlapping forestry concessions; and (4) the specific situation of indigenous groups inhabiting the area covered by the concessions. Please also provide information on any appeals lodged and any judicial or administrative decisions issued in such cases which are related to the problem examined in the representation. The Committee hopes that the Government will provide detailed information on these matters in its next report.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that the Government's report has not been received. At the same time it notes that a number of laws and decrees have been adopted and published since the Government's last report which affect the situation of indigenous peoples of the country, and which in fact refer directly to the Convention. These include Act No. 1551 of 1994 on Popular Participation and Act No. 1702 of 1996 which amends it, the Forest Act No. 1700 of 1996, the Mining Code (Act No. 1777 of 1997), and various others. It hopes that a report will be supplied for the next session which provides detailed information on the effect of this new legislation.

2. The Committee notes in addition that a representation has been submitted by the Bolivian Central of Workers (COB) under article 24 of the ILO Constitution, alleging the non-observance of certain provisions contained in the Convention. The Committee will therefore return to the matters raised in its previous comments, as well as in the representation, at its next session. It hopes that the Government will communicate a detailed report covering the outstanding matters.

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

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.

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

The Committee has examined with interest the Government's detailed second report on the application of the Convention. It has noted in particular the significant measures that have been taken since the Convention's ratification with a view to improving the situation of the indigenous peoples of the country. These include the 1994 revision of the Constitution to recognize the existence of the indigenous peoples and the multi-ethnic and pluri-cultural nature of the Republic; the 1994 Act on Popular Participation which recognizes (section 3) the right of indigenous peoples to participate in decision making in accordance with their customs; and Supreme Decree No. 23858 of 9 September 1994 which defines indigenous peoples in terms very closely related to the present Convention.

The request the Committee is addressing directly to the Government notes a number of other measures which have been taken to give effect to the Convention's requirements. It also notes the obstacles encountered by the Government and by the authorities of the indigenous peoples in doing so. It has noted with particular interest in this regard the deliberations of the X Grand Assembly of the Indigenous Peoples of Bolivia (November 1994). It encourages the Government and the indigenous peoples to continue working together in this respect, and recalls that the technical assistance of the International Labour Office may be of assistance.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee has noted with interest the Government's detailed first report on the Convention.

2. The Committee notes a number of indications in the materials before it that there is some conflict between the notion of respect for the principle of ethno-development and cultural diversity, and the tendency to assimilate traditional organizations and institutions into the dominant culture. The Committee would like to emphasize that the Convention recognizes the right of indigenous and tribal peoples to make their own decisions in this regard, and hopes that this principle will be taken into account systematically.

3. Article 1 of the Convention. The Committee notes that the National Registry is issuing identity cards, with priority given to indigenous communities and rural workers. The Committee requests the Government to keep it informed of this process, including details as to whether entry in the National Register as indigenous is distinct from being registered as a campesino (rural worker), and what criteria are applied in this respect.

4. Article 2. The Committee notes that the Sub-secretariat of Indigenous Affairs (formerly the Bolivian Indigenous Institute) of the Secretariat of Ethnic Affairs, Gender and Youth (SAE), is responsible for coordinating the formulation and implementation of development programmes among the different governmental and non-governmental entities involved in providing developmental assistance to indigenous communities. It also notes that there are some indigenous representatives in the SAE. Please provide information on the manner and modalities for indigenous participation in the SAE.

5. The Committee notes that technical and financial assistance is provided to indigenous communities for the implementation of their project proposals by both governmental and non-governmental organizations. Please provide information on any mechanisms in place for project selection, and any assistance provided to the indigenous communities in their preparation, conceptualization and presentation including any existing guidelines for allocation of the necessary resources.

6. Article 5. The Committee recalls the information provided under Convention No. 107 to the effect that religious sects are active in development programmes affecting indigenous communities and that they are outside governmental supervision, and requests the Government to provide information on whether these sects are required to obtain legal status and to register with the Ministry of Planning and Coordination under Legislative Decree No. 3464. Please also include information on any measures taken or contemplated to monitor and supervise the activities of the religious sects.

7. Article 6. The Committee recalls the joint ILO/Inter-American Indian Institute (III) report (1991) which contained a proposal for a draft law on indigenous policy, and which recommends the creation of a high-level inter-institutional technical committee to be composed of government and indigenous representatives. It requests the Government to keep it informed of any further steps it may have taken in this respect.

8. The Committee notes that the indigenous peoples are consulted through their representatives and traditional councils about any proposals or measures which may affect them, and that in this way their participation is ensured in the decision-making process. It requests the Government to provide information on the manner and modalities for taking account of any disagreements expressed by indigenous communities in its consultation procedures.

9. Article 7. The Committee notes that permanent consultative procedures with the peoples concerned are a fundamental pillar in the formulation, implementation and evaluation of the Government's development activities, with specific reference to the National Plan for the Defense and Development of Indigenous Peoples (PNDD). It hopes the Government will continue to provide further information on the participation of, and consultation with, the indigenous communities, including their organizations, in the preparation, implementation and evaluation of development projects which may affect them.

10. The Committee notes with interest the Environmental Act of 27 April 1992. It notes further that under section 25 of the Act, it is mandatory to carry out impact assessment studies prior to the implementation of any project which may affect indigenous communities, directly or indirectly. Please provide information on the applicable mechanisms to implement this provision of the Environmental Act and the results thereof.

11. Article 8. The Committee notes that the identification and consolidation of the indigenous territories and the official recognition of their traditional organizations and other forms of association are fundamental to the application of their customary laws, which are incorporated in the civil and penal codes. Please provide information on any legislative provisions or administrative procedures established or contemplated to take account of indigenous customary laws, including any mechanisms for conflict resolution between national law and customary law and practice.

12. Articles 9 and 10. The Committee notes the Government's statement that the judicial authorities have the discretion to take cognizance of indigenous customs when this is necessary. It also notes that they do not take account of the specific characteristics of indigenous persons as they are not familiar with indigenous customary practices, due to a lack of supervision by the state entities. The Committee requests the Government to provide further information on any measures taken or envisaged to facilitate judicial cognizance of indigenous customs and practices, especially in penal matters. Please also include copies of any relevant judicial decisions.

13. Article 11. The Committee notes the Government's statement that it is encountering difficulties in complying with the requirements of this Article but is considering implementing supervisory mechanisms to protect indigenous communities from instances of unpaid labour. In this connection, the Committee recalls its previous comments under Convention No. 107 regarding the system of "Prestación Vial" which provided for unpaid labour in road maintenance work; and of allegations of forced labour on plantations. It requests the Government to keep it informed of any measures adopted or contemplated to prohibit the exaction of such services.

14. Article 12. The Committee notes the judicial processes available for the protection of fundamental rights which can be initiated by the indigenous organizations recognized as public entities, or by the Secretariat of Ethnic Affairs. Please provide information on any legal proceedings which may have been filed in the national courts for the protection of indigenous rights.

15. Article 14. The Committee notes that the Government has made substantial efforts to identify the lands traditionally occupied by the indigenous peoples. However, it also notes that the limits of the landholdings of the settlers within the indigenous territories and areas have not yet been defined and that there are many lands which are registered in favour of local churches under the general legislation on colonization. In addition, information provided under Convention No. 107 indicates that a substantial part of the demarcation and consolidation process remains to be completed due to financial and climatic constraints. Please provide information about the progress achieved in this regard, including the allocation of land to other indigenous groups in the country.

16. The Committee notes the various state entities involved in the process of demarcation and consolidation of indigenous lands, including the National Council for Agrarian Reform (CNRA), the National Institute for Colonization (INC) and the Centre for Forest Development (CDF). It also notes that the SAE may request the cancellation or annulation of any consolidation or demarcation which it believes is not in the best interests of the people concerned (Supreme Decree No. 22503 of 11 May 1990). The Committee requests the Government to provide further information on the mechanisms in place for inter-institutional coordination and collaboration among the various state entities involved.

17. The Committee notes the legislative and administrative measures taken to recognize and protect the rights of ownership and possession of the indigenous peoples over their traditional lands. In this respect, it also notes that nomadic groups have access to any property, pending Government demarcation of lands for their use and possession. It hopes the Government will provide information on any procedural mechanisms for safeguarding the access of the Nahua, Toromona and other nomadic groups to lands on which they have had traditional resource rights but which are presently allocated to other indigenous peoples, including also whether this includes a requirement to settle.

18. The Committee notes that the Indigenous Territories are designated to be both "multi-ethnic and open" in terms of composition, as they are inhabited by diverse indigenous groups; and access, as other groups who are not inhabitants of the area use it for their traditional and subsistence activities. The Committee also notes that in addition to indigenous communities, there are settlers, including cattle farmers (ganaderos) and wood workers (madereros), who can also claim title to individual allotments within these territories under the provisions of existing legislation, namely the Agrarian Reform Act (Legislative Decree No. 03464 of 2 August 1953) and the Colonization Act (Legislative Decree No. 07765 of 30 July 1966). The Committee requests the Government to provide 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 include information on any measures taken or envisaged by the traditional indigenous councils to provide adequate protection to the inhabitants within their jurisdiction vis-à-vis their rights of ownership and possession.

19. The Committee notes that some of the indigenous areas fall within "specially protected zones", an environmental protection measure. Please provide information on whether the maintenance of the traditional activities of the indigenous peoples living within these areas, namely subsistence farming, shifting cultivation, hunting and gathering, is seen to be consistent with the concept of specially protected environmental zones.

20. Article 15. The Committee notes that the Environmental Act of 27 April 1992 guarantees the right of indigenous peoples to participate in the use, management and conservation of the renewable natural resources located on their lands (section 78). It also notes that the Government is required to create the mechanisms and processes to realize this right. Please indicate in the next report whether any regulations have been adopted under this Act.

21. The Committee notes Presidential Decree No. 23107 of 9 April 1992 establishing the Indigenous Forest Guard (GFI) which is to be composed of indigenous community members. It also notes that the GFI is to monitor and protect the rights of the indigenous peoples to the forest resources located on their lands and that it has the authority to impose sanctions for infringements. Please keep the Committee informed on the establishment and functioning of the GFI.

22. The Committee notes that the extractive activities of settlers, forestry workers, etc., have threatened the traditional activities of the indigenous communities living within these areas, e.g. hunting, fishing and gathering. Please indicate any procedural mechanisms in place, or contemplated, to facilitate consultation with indigenous communities, and their participation in the benefits of any extractive activities on their lands including the modalities for the payment of compensation for any damages sustained as a result; as well as any mechanisms to mitigate the negative effects of such activities on these communities.

23. Article 16. The Committee notes the statement in the report that indigenous communities are relocated only in the event of war or natural disasters, and that they have the right to return once the reason for the removal ceases to exist. It also notes that the Yuquí community had to be relocated due to the presence of illegal and unauthorized forest workers who threatened their lives, and that they have since been provided with alternative lands. The Committee requests the Government to provide information on any legal and procedural regulations governing relocation, including public inquiries and consultations with the peoples concerned. Please also provide information on how the right to return is guaranteed, with specific reference to the Yuquí community, and any compensation paid for loss or injury sustained as a result of the relocation. Finally, please continue to provide information on any further displacements which may take place.

24. Article 17. The Committee notes the information in the report that the procedures for transmission of land rights among the indigenous communities is according to the prevailing customs and traditions of each community, and that the distribution of lots and agricultural plots is at their discretion. It also notes the national laws governing land rights, including among others, the National Agrarian Reform Act and the General Colonization Act. Please provide information on any measures taken or contemplated to ensure harmony between the procedures of the indigenous peoples and the national legislation.

25. The Committee notes that the "Indigenous Territories" are granted to the indigenous communities as non-alienable property and that land rights cannot be transferred outside the community. Please provide information on any consultations carried out with the peoples concerned when adopting the decision to make all titles inalienable, and whether there are any provisions for making these territories alienable if so required.

26. Article 18. The Committee notes the Government is considering specific regulations to solve any problems which may arise as a result of unlawful entry on to indigenous lands. Please keep the Committee informed of any measures taken in this respect including any instances of implementation of section 49 of the Agrarian Reform Act which provides for restitution of usurped lands. See also under Article 16 above.

27. Article 19. The Committee recalls its previous comment under Convention No. 107 requesting details of the size and number of landholdings traditionally occupied by indigenous communities in accordance with the provisions of the applicable law. It hopes the Government will provide this information in its next report, including any measures taken or envisaged to provide access to technical, marketing and credit facilities to enable them to develop their lands. Please also include the modalities existing or to be adopted to evaluate their needs for further land requirements.

28. Article 20. The Committee notes the statement in the report that indigenous peoples are accorded the same treatment as other workers under the provisions of the General Labour Act of 29 May 1939. Please provide information on the present recruitment policies and general conditions of work and to what extent they cover indigenous workers, with specific reference to medical and social assistance, occupational safety and health, social security benefits and housing. Please also provide information on any protective measures for women and children. In this context the Committee notes the Government's statement to the Conference Committee in June 1993 that it is formulating a new draft General Labour Act with the technical assistance from the ILO. Please keep the Committee informed in this regard including any measures taken or envisaged to provide special safeguards to the indigenous workers in accordance with the measures detailed under this Article.

29. Articles 21 to 23. The Committee notes that a programme is being formulated, with the participation of indigenous organizations and representatives, to establish a training centre for indigenous peoples which will focus primarily on training bilingual teachers, but will also provide some technical training courses. It requests the Government to keep the Committee informed of any further developments in this regard.

30. Article 24. The Committee notes from the Government's report that indigenous peoples do not benefit from the national social security system, although it is considering measures to extend its coverage to include them. It requests the Government to keep it informed of the progress achieved in extending the coverage of the national social security system to include indigenous communities.

31. Article 25. The Committee notes that the Secretary of Health is compiling data about the health services in indigenous areas and requests the Government to communicate the results. It also recalls its previous comments under Convention No. 107 requesting further information on the specific activities of the Bolivian Traditional Medicine Society, and requests the Government to provide information in its next report. Please also include information on the modalities for cooperation of the people concerned in devising health programmes and plans of action, including the extent to which traditional preventive medicine is taken into account.

32. Articles 26 to 29. The Committee notes the measures taken by the Government to provide educational facilities to the indigenous peoples, and that it is devising a more culturally responsive educational programme within the framework of the ongoing restructuring of the national educational system. It also notes that the Government is encountering problems in providing educational facilities to the indigenous communities in some of the rural areas which have a low number of inhabitants. Please continue to provide information in this regard, as well as information on the Bilingual Intercultural Education Programme, including any measures taken or envisaged to encourage children to complete their basic secondary-school education, with particular emphasis on female students.

33. Article 32. The Committee notes the Government's efforts to facilitate cross-border contacts and cooperation, and that it has entered into a number of international and regional agreements to further this objective of which the Amazon Treaty of Cooperation of 3 June 1978 is significant. The Treaty recognizes the right of indigenous peoples to be involved in the formulation and execution of development programmes in the Amazon region. Please provide further information on the impact of multilateral and bilateral cooperation agreements on the indigenous communities.