Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.