JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Bolivia covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019
Date: 2020-02-10
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Bolivia, EU market, common commercial policy, development aid, generalised preferences, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 10.2.2020  SWD(2020) 16 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Bolivia covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019 {JOIN(2020) 3 final} - {SWD(2020) 17 final} - {SWD(2020) 18 final} - {SWD(2020) 19 final} - {SWD(2020) 20 final} - {SWD(2020) 21 final} - {SWD(2020) 22 final} - {SWD(2020) 23 final} - {SWD(2020) 24 final} - {SWD(2020) 25 final}  
 
 
Bolivia  

1.  Summary Assessment 

In  terms  of  GSP+  compliance,  Bolivia  continued  to  make  progress  in  various  key  areas,  in 
particular  on  improving  access  to  education,  health  care,  housing,  and  the  fight  to  eradicate 
poverty.  Bolivia  has  also  made  progress  in  bringing  its  labour  legislation  in  line  with 
international  standards, restoring the minimum  age of child labour at  14  years, and tackling 
child  labour  in  the  agricultural  sector  through  a  successful  certification  scheme.  Challenges 
remain  particularly  in  addressing  the  high  levels  of  gender-based  violence,  overcrowded 
conditions in the country’s prisons, and still widespread cases of child labour across various 
sectors of the economy.  

Priorities 

A GSP+ monitoring mission took place in January 2019. Dialogue with Bolivian authorities 
and  civil  society  representatives  focused  on  several  key  priorities:  prison  overcrowding  and 
overuse  of  pre-trial  detention;  violence  against  women,  including  human  trafficking; 
persistent  marginalisation  of  indigenous,  Guarani,  and  Afro-Bolivian  women;  child  labour; 
and freedom of association and collective bargaining.  

Human Rights 

In  the  reporting  period  2018-2019,  Bolivia  continued  to  make  progress  in  the  effective 
implementation  of  its  human  rights  commitments.  In  particular,  Bolivia  has  made  efforts  to 
eradicate  poverty  and  improve  access  to  education,  health,  food  and  housing,  as  well  to 
address reproductive health issues. 

The  marginalisation  of  indigenous  and  Afro  Bolivian  communities  (mainly  women)  and 
violence  against  women,  including  trafficking,  are  persistent  issues.  Despite  the  advanced 
legal  framework  on  violence  against  women,  implementation  lags  behind.  The  National 
Gender Mechanisms have traditionally been considered as weak, but the picture could change 
due to the recent creation of the Plurinational Service for Women and Depatriarchalization in 
January 2019. 

Overcrowding of prisons and the overuse of pre-trial detention remain issues to be tackled. 
Bolivia recognised these as deficiencies in the judicial system and has made efforts to address 
them.  Annual  decrees  granting  pardon  or  amnesty  to  persons  incarcerated  preventively  for 
minor offences have benefitted 6457 persons since 2012. A new Criminal Code was adopted 
in  late  2017,  introducing  relevant  reforms  to  reduce  prison  overcrowding  and  improve 
effectiveness of case management, but it was almost immediately derogated in early 2018 due 
to large protests. However, a ‘short law’ amending the Criminal Procedure Code was adopted 
in May 2019, rescuing important articles of the derogated code regarding, such as limitation 
in pre-trial detention, measures to reduce judicial backlog and to improve protection measures 
in case of violence against women. It is key to follow up on implementation and monitoring 
of the law in the coming year. 

Labour Rights 

While  the  national  legislation  is  broadly  in  compliance  with  the  ILO  fundamental 
Conventions, Bolivia faces challenges in the prevention of child labour and ensuring freedom 
of association and collective bargaining.  

1 

 
There  have  been  positive  developments  on  child  labour  and  minimum  age  for  work. 
During the EU’s GSP+ monitoring mission, the Bolivian authorities confirmed that following 
the  Constitutional  Court  ruling,  on  19  December  2018  Parliament  modified  the  Child  and 
Adolescent Code to re-establish the minimum age (14). Progress has also been made at sector 
level, in particular in the sugar cane sector. Further efforts are needed to achieve the goal of 
eradicating  child  labour  by  2025.  Tackling  child  labour  requires  a  holistic  approach: 
legislation  and  enforcement,  education  and  training,  social  protection,  and  promotion  of 
decent work opportunities.  

On  the  other  hand,  processes  addressing  ILO  comments  and  requests  on  freedom  of 
association  and  collective  bargaining  have  not  progressed  during  the  reporting  period. 
Legislative processes including a new Labour Code, meant to address the rights of rural and 
agricultural workers and public servants, as well as penalties for anti-union discrimination and 
trade union membership thresholds, have been frozen at the time of reporting. 

Environment 

Bolivia faces key environmental challenges and continues to take action, in particular in the 
areas  of  biodiversity  and  protection  of  endangered  species.  Institutional  strengthening  and 
coordination remain a challenge. 

Regarding  the  UN  Conventions  on  Climate  Change,  though  Bolivia  has  not  taken  a  public 
position  on  CO2  reduction  targets,  it  has  developed  quantifiable  targets  for  a  range  of  other 
policy measures, such as renewable energy use. Actions to ensure the implementation of these 
measures should be encouraged.  

Good Governance 

Bolivia  is  the  world's  third  largest  producer  of  coca  leaf  and  cocaine.  The  chewing  of  coca 
leaf  is  a  traditional  practice  in  the  country  and  permitted  on  its  territory.  The  fight  against 
illicit  drugs  continues  to  be  a  challenge  in  Bolivia  and  cooperation  with  the  EU  is  an 
important element in addressing this issue. Bolivia is making efforts to tackle drug trafficking. 
Bolivia's  new  counternarcotic  laws  permit  enhanced  control  of  precursor  chemicals  and 
enhanced monitoring of coca cultivation. Implementation of these new laws will be crucial to 
bolstering Bolivia's counter narcotics efforts.  

Bolivia  continues  to  demonstrate  political  commitment  to  tackling  corruption.  The  Law  on 
Units  of  Transparency  and  the  Fight  against  Corruption,  adopted  in  September  2017,  is  a 
welcome development. The law is implemented and a significant number of Transparency and 
Anti-Corruption units have been established at all State levels with the mandate of promoting 
and  implementing  preventive,  transparency  and  fight  against  corruption  measures.  Further 
work is needed on corruption in the private sector, increased international cooperation, as well 
as legislation on transparency and access to information. 

Status of ratification and reporting 

Bolivia has maintained the ratification of all international conventions relevant to the GSP+. 
The country has submitted several pending reports under the human rights conventions and is 
compliant  with  all  its  reporting  obligations.  There  are  several  outstanding  reports  on 
environmental  conventions:  the  sixth  report  on  Convention  on  Biological  Diversity  and  the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 
third  national 
implementation  report  2015-2017  were  expected 

in  July  2019; 

the 

2 

 
communication  under  the  United  Nations  Framework  Convention  on  Climate  Change 
(UNFCCC) is also due. 

2.  Recent Developments 

Under President Evo Morales, who took office in 2006, a new Constitution was approved by 
referendum in 2009. The text includes provisions on the protection of human rights and makes 
explicit references to the rights of Mother Earth and indigenous values. The Constitution also 
recognises the right of indigenous communities to self-government, to establish a legal system 
and  policies  regarding  indigenous  rights,  and  to  govern  their  own  institutions,  languages, 
symbols  and  land  rights.  Additionally,  the  new  constitution  established  a  limit  of  two 
consecutive terms in office for the President and Vice-President. 

In  2016,  President  Morales  held  a  referendum  on  a  proposed  constitutional  amendment  to 
allow the President and Vice-President to run for a third consecutive term. The proposal was 
rejected  by  51.3%  of  voters,  but  the  ruling  party  (MAS)  filed  an  appeal.  On  28  November 
2017,  Bolivia´s  Constitutional  Court  declared  invalid  the  articles  of  the  Constitution  which 
limit the number of presidential mandates, thus paving the way for Morales (and other elected 
authorities) to stand for a fourth term and, potentially, for an indefinite number of times. On 4 
December  2018,  the  Supreme  Electoral  Court  confirmed  the  legitimacy  of  Evo  Morales´ 
candidacy for the Presidential Elections. 

After the election took place on 20 October 2019, an audit carried out by the Organisation of 
American  States  (OAS)  found  that  it  lacked  the  necessary  credibility  and  transparency, 
plunging the country into a spiral of violence and political paralysis. On 10 November, Evo 
Morales  resigned  and  subsequently  sought  asylum  in  Mexico.  On  12  November  2019,  an 
interim  caretaker  government  was  established  and  tasked  with  preparing  and  holding  new 
elections. 

EU – Bolivia Bilateral Development Cooperation 

Bolivia  is  the  largest  recipient  of  bilateral  EU  development  assistance  (€  281  million  in 
2014-2020)  in  Latin  America.  The  Multiannual  Indicative  Programme  (MIP)  focuses  on 
justice reform and fight against corruption, fight against illicit drugs, and water, sanitation and 
natural  resources  management.  It  includes  a  package  of  support  measures  to  accompany 
implementation  and  policy  dialogue  (€  15.6  million).  The  EU  (including  MS)  is  the  largest 
donor.  A  Joint  European  Strategy  for  the  period  2017-20  was  recently  adopted,  in  the 
framework of the Joint Programming exercise. 

The  EU  intervention  on  justice  reform  (€  20  million),  will  aim  at  improving  access  to 
essential  justice  services  for  the  Bolivian  population  (in  particular  rural  and  indigenous 
communities) at a national  and local level. Specific objectives will focus on strengthening the 
independence and professionalism of the judiciary and improving the quality of and access to 
justice services.  

The EU intervention on fight against illicit drugs (€ 130 million) supports Bolivia's national 
strategy  to  fight  against  the  production  and  trafficking  of  drugs  and  the  reduction  of  surplus 
cultivation of coca (ELCN&CCEC 2016-2020).  

The  EU  intervention  on  water,  sanitation  and  natural  resources  management  (€  115.4 
million)  supports  Bolivia´s  efforts  toward  integrated  water  resource  management,  including 
access  to  water  and  sanitation  services  and  related  economic  opportunities,  while  ensuring 
environmental sustainability and climate change adaptation and mitigation.  

3 

 
The  country  has  continued  to  make  significant  efforts  to  reduce  poverty.  The  Human 
Development  Index (HDI) value has  grown steadily since 2008 to  0.693 in 2017, reflecting 
progress in social outcomes during the last decade. In relative terms, Bolivia stills ranks 118 
out of 188 countries and below the average of 0.758 for LAC countries. Bolivia also still faces 
challenges linked to inequality in income distribution: the Gini coefficient was 0.44 in 2018 
(down  from  0.58  in  2005)1.  As  highlighted  in  the  previous  GSP  reports2,  child  labour  in 
agriculture  and  mining  and  violence  against  women  are  serious  issues  that  need  to  be 
addressed. In addition, there is still a need to strengthen institutional capacities and the justice 
system.  

3.  EU – Bolivia Trade and GSP 

Bolivia is a resource rich country with strong growth due to its natural gas exports. However, 
the country continues to be one of the least developed countries in  Latin America. Bolivia's 
exports  are  heavily  dependent  on  primary  commodities  such  as  minerals  (zinc,  lead,  silver 
ores) and agricultural products (such as soya beans). Since 2004, economic growth in Bolivia 
was  on  average  4.9%,  due  to  high  commodity  prices,  increased  mineral  and  natural  gas 
exports and a prudent macroeconomic policy. The favourable economic context had a positive 
effect  on  poverty  reduction.  Due  to  the  decline  in  international  oil  prices,  Bolivia's  main 
challenge  will  be  to  ensure  these  positive  economic  and  social  results  in  a  less  favourable 
global environment. 

With respect to trade, in 2018, the EU became the third export destination and the third main 
supplier.3 Bolivia's  exports  to  the  EU  amounted  to  €  680  million  in  2018,  a  20%  increase 
compared to 2017.4 The main exported products were minerals (zinc, silver, tin and lead) and 
Brazil nuts. The main imported products were industrial machinery.  

According to the government, Foreign Direct Investment (FDI) (gross) grew by 29% in 2018. 
The Ministry of Planning Development is seeking new public–private alliances by improving 
investment  incentives.  FDI,  which  is  concentrated  mainly  in  the  hydrocarbon  and  mining 
sectors, continues to be negligible compared to public investment. This is mainly due to scant 
incentives,  complex  bureaucratic  procedures,  corruption,  a  politicised  legal  system,  and  an 
inefficient tax system. The legal framework does not provide security for foreign investments, 
failing  to  ensure  an  international  or  independent  settlement  mechanism  but  instead  obliging 
disputes to be settled by a Bolivian Court.  

Bolivia  has  proclaimed  22  bilateral  trade  agreements  unconstitutional  between  2006  and 
2013.  Instead,  Bolivia  has  developed  a  standard  agreement  for  the  protection  of  foreign 
investments,  on  which  the  government  has  invited  third  countries  to  negotiate  and  agree.  

1 The Gini index measures the extent to which the distribution of income among individuals or households 
within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, 
while an index of 1 implies perfect inequality. Source: https://data.worldbank.org/ 
2https://eeas.europa.eu/sites/eeas/files/european_commission._2016._report_on_the_generalised_scheme_of_pre
ferences_during_the_period_2014-2015.pdf 
http://trade.ec.europa.eu/doclib/docs/2018/january/tradoc_156539.pdf 
3 Source: IMF 
4 European Union, Trade in goods with Bolivia, DG Trade 

4 

 
 
                                                 
Figure 1 to Figure 3 below describe Bolivia's utilisation of GSP+ in the context of its overall 
exports to the EU5.  

In 2018, while total exports from Bolivia to the EU increased, GSP+ exports and their share 
from  total  exports  saw  a  decline,  continuing  a  trend  indicated  in  the  2016-2017  monitoring 
report.  The  preference  utilisation  rate  of  Bolivia  remains  high  at  90.6%  in  2018,  though 
slightly decreasing compared to previous years. 

Figure 1: Imports to the EU 2016-2018 – GSP+ utilization rate 

Figure 2: Imports to the EU 2016-2018 by regime 

5 GSP-statistics only cover goods imported in the EU market, i.e. goods released for free circulation in the EU. 
The GSP statistics do not cover other EU-imports, like goods imported for the customs inward processing 
procedure or re-imports after the customs outward processing procedure 

5 

Bolivia - imports to the EU 2016-2018 (M€)201620172018trend 2016-2018Total imports529.8474.4592.711.9%GSP+ eligible58.758.540.7-30.8%GSP+ preferential55.254.336.9-33.3%Utilisation rate94.0%92.9%90.6%-3.6% 
 
 
 
 
                                                 
Figure 3: Product Diversification of GSP+ Preferential Imports, 2018 

Bolivia GSP imports to EU 

S2d cereals etc.

S-04b food preparations

S6a chemicals

S9a wood articles

S-11b apparel and clothing

S8a raw hides and skins

S20 furniture and toys

S-02b fruits and vegetables

s3 animal and vegetable oils

s8b leather articles

Others

0%

10%

20%

30%

40%

50%

60%

4.  Compliance with GSP+ Obligations 

4.1  UN Human Rights Conventions  

References to recommendations by UN treaty bodies have not changed since the last report.  
However,  Bolivia  is  currently  at  the  beginning  of  a  new  reporting  cycle.  Bolivia  has  just 
submitted  State  party's  reports  to  several  treaty  bodies  including  ICCPR,  CESCR,  CERD, 
CRC. 

Bolivia's  actions  and  priorities  are  covered  by  a  National  Human  Rights  Action  Plan.  This 
plan includes six strategic areas: civil and political rights; economic, social and cultural rights; 
the  rights  of  rural  native  peoples  and  nations;  women's  rights;  the  rights  of  people  in 
vulnerable  situations;  and  the  management  of  rights.  However,  even  though  its  validity  has 
concluded, there is no public information on the Action Plan's implementation and there has 
not  been  an  evaluation,  including  with  participation  of  civil  society6.  The  Patriotic  Agenda 
2025 contains 13 pillars with references, among others, to eradication of poverty and access to 
education and health. The Human Rights Action Plan gives priority to the rights highlighted 
in the Patriotic Agenda.  

6 http://www.sipi.siteal.iipe.unesco.org/politicas/1060/plan-nacional-de-accion-de-derechos-humanos-2014-
2018  

6 

 
 
 
                                                 
International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination (CERD) 

interagency  system  (SIPLUS)  for 

In  October  2014,  the  Universal  Periodic  Review  (UPR)  of  Bolivia  led  to  a  number  of 
recommendations  on  combating  racism  and  all  forms  of  discrimination,  especially  against 
women, children, indigenous peoples, and Afro Bolivians. Following the UPR, Bolivia set up 
a  national 
the  follow  up  and  monitoring  of 
recommendations  on human rights.  This  system  has, however, not  been fed with  systematic 
data, especially since the Office of the United Nations’ High Commissioner for Human Rights 
(OHCHR)  left  the  country  in  December  2017.  The  new  Universal  Periodic  Review  (UPR) 
exercise was completed in 2019, with the national report submitted on 9 August 2019 and the 
audience in Geneva scheduled for November 2019.  

The Plurinational Policy on Human Rights 2015-2020 covers – among others – the rights of 
indigenous  and  Afro  Bolivian  minorities.  The  National  Committee  against  Racism  and  All 
Forms  of  Discrimination  adopted  a  Multisectorial  Plan  against  Racism  and  all  Forms  of 
Discrimination  (2016-2020),  with  the  participation  of  civil  society.  However,  institutional 
capacity  and  budget  resources  are  insufficient  to  implement  these  plans.  The  National 
Committee  is  institutionally  weak  and  currently  inoperative.  The  EU  is  supporting  the 
reactivation  of  this  Committee  through  a  project  under  the  European  Instrument  for 
Democracy and Human Rights (EIDHR). 

International Covenant on Civil and Political Rights (ICCPR) 

The  UN  Special  Rapporteur  on  the  rights  to  freedom  of  peaceful  assembly  and  of 
association  filed  a  brief  to  the  Constitutional  Court  in  2015.  The  UN  Special  Rapporteur 
argued  that  the  national  legislation  on  the  legal  status  of  civil  society  organisations  (CSOs) 
unjustifiably  restricts  the  right  to  freedom  of  association  through  conditioning  legal 
personality upon the organisation's contribution to economic and social development and by 
stipulating the possibility of revoking NGOs' legal status on grounds of non-compliance with 
sectorial  policies  and  standards.  This  issue  remains  de  facto  restricting  CSO  activities.  The 
Bolivian  authorities  have  indicated  that  the  restrictive  provisions  in  the  national  law  are 
deemed necessary because some organisations have been found operating 'irregularly'. There 
were no indications given of any foreseen revisions to the national law.  

In its 2013 observations, the UN Human Rights Committee recommended Bolivia to redouble 
its  efforts  to  ensure  judicial  independence,  including  establishing  a  system  of  judicial 
appointments  and  judicial  service,  based  on  objective  and  transparent  criteria.  A  General 
Summit on Justice took  place in  June 2016 and an  Intersectorial  Commission  was set  up to 
follow  up  on  the  recommendations  of  the  summit.  The  Commission  is  active  and  has 
improved  coordination  among  state  powers.  However,  a  structural  sector  reform  remains 
unaccomplished,  even  though  partial  reforms  have  been  adopted.  Among  these,  a  new  law 
and procedure for the preselection of candidate judges, which should ensure a higher degree 
of  independence  and  better  competence  standards,  was  adopted  in  2018  as  well  as  a 
procedural  manual.  However,  currently  only  around  20%  of 
judges  have  been 
institutionalised. A sector reform plan was eventually adopted in 2018 but challenges remain 
in  terms  of  sufficient  budget  and  inter-sectorial  coordination  among  state  powers  and 
institutions.  

The effective implementation of the right to prior, free, and informed consent, particularly 
with respect to extractive industry and infrastructure projects, is still pending. According 
to  the  UN  Human  Rights  Committee,  the  development  of  a  draft  law  on  extractive  projects 

7 

 
was  accompanied  by  consultation  but  not  by  free,  prior,  and  informed  consent  from 
indigenous  communities.  Currently  the  national  laws  on  mining  (2014)  does  include  a 
chapter on prior consent; however, both the law and the ministerial resolution limit the type of 
operations  and  instances  where  consent  is  required.  In  the  hydrocarbons  sector,  a  Supreme 
Decree was adopted in 2015 derogating a previous one of 2007, where the prior consent was 
adequately  regulated  according  to  civil  society  shadow  reports.  In  this  regard,  the 
Ombudsman (2015) presented an unconstitutionality appeal  to  this regulation, stating that it 
was not compliant with several constitutional provisions and ratified international instruments 
(including ILO C169 and the UN Declaration on the Rights of Indigenous Peoples)7. 

The  Human  Rights  Committee  expressed  concerns  about  reports  of  verbal  and  physical 
violence  against  human  rights  defenders  and  journalists,  and  the  increasing  number  of 
criminal  proceedings  brought  against  them.  Recommendations  in  the  2014  UPR,  which 
addressed the issue of protection of human rights defenders and journalists, as well as of the 
necessity  to  guarantee  freedom  of  expression  and  the  media  law  to  be  in  accordance  with 
international  human  rights  instruments,  are  still  pending.  There  still  is  no  public  policy  or 
regulatory framework to ensure the protection of human rights defenders. 

Overcrowding of prisons and the overuse of pre-trial detention remain issues to be tackled. 
Bolivia recognised these as deficiencies in the judicial system and has made efforts to address 
them.  Annual  decrees  granting  pardon  or  amnesty  to  persons  incarcerated  preventively  for 
minor offences have been adopted to the benefit of 6457 persons since 2012. As a result, the 
percentage of people in pre-trial detention, as a percentage of all those in custody, fell from 
83.3%  in  2014  to  66.78%  in  June  2019.  However,  the  general  overcrowding  of  prisons  is 
estimated at 289%.  

A new Criminal Code was adopted in late 2017, introducing relevant reforms to reduce prison 
overcrowding and improve effectiveness of case management, but it was almost immediately 
derogated in early 2018, one month after its adoption, due to large protests. However, a ‘short 
law’  amending  the  current  criminal  procedure  code  was  adopted  in  May  2019,  rescuing 
important articles of the derogated code regarding limitation in pre-trial detention, measures 
to  reduce  judicial  backlog  and  to  improve  protection  measures  in  case  of  violence  against 
women. As a complementary measure, a penitentiary census was undertaken in March 2019, 
which will help in identifying the court status and detention conditions of persons deprived of 
liberty,  with  a  view  of  subsequently  adopting  corrective  measures  and  policies.  It  is  key  to 
follow  up  on  implementation  and  monitoring  of  the  law  in  the  coming  year.  The  EU  is 
supporting  various  elements  of  the  law  amending  the  current  criminal  procedure  through  a 
bilateral project on Justice Reform, whose implementation started in the second half of 2019. 

International Covenant on Economic, Social and Cultural Rights (CESCR) 

Though the rights to health and education are recognised in the Constitution as fundamental 
rights, measures to strengthen these rights need to be enhanced. Recommendations  raised in 
the 2014 UPR8 include improving access to health services for women in order to reduce the 
maternal  mortality  rate,  in  particular  in  rural  areas.  In  addition,  the  recommendations  also 
included  a  national  policy  to  improve  the  quality  of  education  and  to  provide  adequate 
educational infrastructure to rural areas. These recommendations should be followed up. 

7 http://www.defensoria.gob.bo/archivos/INFORME%20PUEBLOS%20INDÍGENAS.pdf 
8 A/HRC/WG.6/20/BOL/3 

8 

 
                                                 
In February 2019, a law was adopted establishing the Seguro Único de Salud (SUS) covering 
uninsured population. While this is a positive development, the challenge now is to grant the 
system with enough resources to ensure implementation and sustainability.  

According  to  the  shadow  report  of  civil  society  on  education  for  the  UPR  2019  based  on 
UNESCO data (latest data available 2014), Bolivia ranks among the highest in the region in 
granting  resources  for  education 9 .  It  is  also  especially  visible  the  increase  in  resources 
invested in secondary education between 2000-2014. According to the report, enrolment rate 
of 15 and more went up from 7.1 to 9.3 years on average from 1996 to 2016. The educational 
gaps between urban and rural areas and gender wise have reduced.  

Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) 

The shortcomings identified in the previous GSP reports with regard to CEDAW, still persist: 
(i)  marginalisation  of  indigenous  and  Afro  Bolivian  communities  (mainly  women);  (ii) 
violence  against  women,  including  trafficking,  domestic  and  sexual  violence  with  a  lack  of 
support  and  rehabilitation  for  victims;  (iii)  the  prioritisation  by  the  judicial  system  of 
reconciliation and family integrity over protection from domestic violence; (iv) vulnerability 
of girls in child labour; and (v) the high rate of teenage pregnancies. 

Despite the advanced legal framework on violence against women, implementation still lags 
behind. The National Gender Mechanisms have traditionally been considered as weak, but the 
picture could  change due to  the recent  creation  of the Plurinational  Service for Women and 
Depatriarchalization  in  January  2019.  The  Service  has  been  conferred  administrative, 
financial,  and  legal  autonomy  and  its  own  budget,  with  the  aim  to  oversee  public  policies 
promoting women's rights and the eradication of violence against women. A Special Cabinet 
on the Fight to Violence against Women and Children headed by President Morales has also 
been created.   

Femicides  continued  to  increase,  with  128 
cases  registered  in  2018  (against  the  109 
reported  for  2017  and  104  cases  of  2016), 
attributing  Bolivia  the  third  highest  rate  of 
femicide  per  capita  in  Latin  America.  The 
creation  of  a  unified  register  of  violence 
against  women,  where  perpetrators  will  be 
registered, is still pending. The register will 
be  supported  through  the  bilateral  EU 
project on Justice Reform (€3M).  

The  establishment  of  specialised  courts 
exclusively  dedicated  to  cases  of  violence 
against  women,  as  envisaged 
the 
Comprehensive Act to Guarantee Women a 
is  delayed. 
Life  Free  of  Violence, 
According  to  the  2018,  balance  presented 
by  the  CSO  Alliance  Libres  Sin  Violencia, 

in 

The  EU  is  supporting  the  association  of 
through  an  EIDHR 
local  governments 
project  in  setting  up  an  observatory  of 
political  harassment and violence in local 
governments. The project is also supporting 
a  centre  providing  online  pro  bono  legal 
counselling,  as  well  as  strengthening  the 
capacity  of  protection  chain  operators  to 
pursue political violence cases (prosecutors, 
special police force). 

the 

regional 

Through 
programme 
Eurosocial+  the  EU  also  supported  the 
Electoral Body in Bolivia to define political 
violence  indicators,  in  the  streamlining  of 
exiting  denounce  mechanisms  and  in  the 
design  of  policy  advocacy  and  public 
awareness instruments. 

9 https://repositorio.cepal.org/bitstream/handle/11362/42403/S1701080_es.pdf?sequence=1&isAllowed=y 

9 

 
                                                 
 
among the 149,513 cases of violence against women registered between 2013 and 2017, only 
0.99% of  closed cases  ended with  a sentence.  Political  violence against women maintained 
high levels of impunity, notwithstanding the existence of a specific law since 201210. None of 
the 90 denunciations presented by elected women authorities between January and September 
2018 ended with a sentence of conviction.   

Beyond  implementation  of  law  348  on  violence,  it  is  important  to  note  that  notable  efforts 
were made during the previous (2011-2017) and the current (since 2018) judicial mandate to 
strengthen  the  gender  perspective  in  Justice.  In  2013,  a  Gender  Committee  was  created, 
composed  of  high  female  judicial  authorities.  Subsequently,  a  ‘Gender  Policy  for  the 
Judiciary’  was  adopted  in  2015  followed  by  a  2016  ‘Protocol  for  judging  with  a  gender 
perspective’.  Both  the  Policy  and  the  Protocol  include  measures  to  combat  discrimination 
against LGBTQI people but their implementation still lags behind. This Committee has now 
being reconstituted with the new judicial authorities elected in 2017. The EU is supporting the 
Committee through the bilateral project on Justice Reform (€ 3M). 

Bolivia  is  implementing  a  Strategic  Plan  on  Sexual  and  Reproductive  Health  2016-2020  to 
educate and promote the exercise of sexual and reproductive rights of women and men. High 
levels of maternal mortality are related both to insufficient health and nutritional care and to 
clandestine abortion, which is a crime under current law. In particular, access to obstetric care 
for pregnant women in rural and remote areas and among indigenous women and women of 
African descent needs to be improved. The Universal Maternal and Infant Insurance Scheme 
(SUMI) addresses the health and nutritional aspects. The Penal Code approved in December 
2017 foresaw decriminalisation of abortion in a large number of circumstances, but this law 
was  derogated  in  January  2018,  after  several  months  of  protests.  The  depenalization  of 
voluntary abortion continues being a key priority for civil society.  

Access  of  women  to  formal  employment  opportunities  should  be  improved,  as  well  as 
measures to protect women from harassment in the workplace. In general, the UN CEDAW 
Committee  urged  Bolivia  to  enhance  women's  awareness  of  their  rights  and  the  means  to 
enforce  them,  targeting  specific  groups  of  women  such  as  indigenous  women  and  Afro-
Bolivian women living in rural and remote areas as well as women with disabilities. 

Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading 
Treatment or Punishment (CAT) 

As  in  the  previous  GSP  reports,  the  key  concerns  regarding  CAT  remain  the  inadequate 
definition of torture under the national law and deficient prosecution of torture cases. This 
was  already  highlighted  in  2013  by  the  UN  Committee  against  Torture.  Bolivia  plans  to 
address this issue in the context of an overall reform of the penal system, taking into account 
the Constitution and its commitments under international conventions.  

SEPRET  (Service  for  Prevention  of  Torture),  a  specialised  body  in  charge  of  prevention  of 
torture  and  ill  treatments,  became  operational.  Civil  society  expressed  concerns  that  the 
Service  formally  depends  on  the  Ministry  of  Justice.  A  'Truth  Commission'  was  created  in 
2017 to investigate the crimes committed under the dictatorships, which plagued the country 
until  the  early  1980.  No  information  has  been  made  public  on  the  advances  of  the 
Commission.  Incidents  of  ill-treatment  by  police  have  been  reported,  including  sexual 
violence  against  women  in  preventive  detention.    The  UN  Committee  against  Torture  has 

10 Law n°243/2012 against Harassment and Political Violence against Women 

10 

 
                                                 
underlined  the  need  for  a  prompt  and  impartial  investigation.  Bolivia  should  also  take  the 
necessary steps to ensure redress for victims of ill-treatment or torture. 

Convention on the Rights of the Child (CRC)  

The salient shortcomings as identified in the previous GSP reports remain areas of concern. 
Even  though  forced  labour  and  exploitation  of  children  are  forbidden  by  the  Constitution, 
child  labour  is  widespread,  especially  in  rural  areas.  Information  made  available  by  the 
National  Institute for Statistics  in  2018  reveals  that  about  396,000  children  are  carrying  out 
child  labour,  whereas  data  from  UNICEF  and  the  Ministry  of  Work  in  2017  accounted 
848,000 working children, almost half of whom were under 14 years old. 

Human  trafficking  remains  a  challenge  for  Bolivia,  including  policies  on  the  return  of 
victims  and  their  rehabilitation  and  reintegration  into  the  labour  market.  A  National  Plan 
against  Human  Trafficking  2015-2019  is  in  place.  According  to  the  Supreme  Tribunal  of 
Justice, 184 processes of trafficking were conducted in 2014 – but only 11 reached a sentence. 
Bolivian local police specialised in crime reports an increase in trafficking and related crimes 
cases  since  approval  of  the  Law  on  Trafficking11 (from  386  cases  in  2012  to  454  in  2017). 
The Ministry of Justice registered 2591 cases between 2012 and July 2017, among which only 
1.7% reached a sentence.  

Further steps are still needed to address the situation of the Guaraní children in the Chaco 
region. Concerns relate to children engaging in hazardous work in mining, the high number 
of children living in prison with their parents, violence against children including trafficking, 
and domestic and sexual violence. Work plans have been elaborated to promote the removal 
of  children  living  in  prisons  and  to  provide  alternative  care.  In  a  joint  effort  between  the 
Ombudsman, the prison regime, and the prisoners, the number of children living in prison was 
reduced by approximately 50% between 2013 and March 2018 (i.e. from 1218 to 615 cases)12. 

 Conclusions and monitoring priorities  

Bolivia  continued  to  make  progress  in  effectively  implementing  human  rights  commitments, 
taking into account  the  overall socioeconomic situation. The Constitution, together with the 
Patriotic Agenda 2025 and the National Human Rights Action Plan provide a solid basis to 
better promote and protect human rights. In particular, Bolivia has made efforts to eradicate 
poverty  and  improve  access  to  education,  health  care,  food,  and  housing,  as  well  as  to 
address  reproductive  health  issues.  Following  the  outcomes  of  the  2016  Justice  General 
Summit, the Government has undertaken substantial steps to strengthen the independence and 
efficiency  of  the  justice  system,  though  further  action  is  needed  to  guarantee  full  respect  of 
fundamental freedoms. 

Bolivia  has  adopted  several  new  legislative  acts  to  improve  the  human  rights  situation,  in 
particular  for  women,  and  to  implement  its  international  human  rights  commitments. 
However, the challenge remains to ensure that the legislation is implemented systematically 
and  effectively.  The  marginalisation  of  indigenous  and  Afro  Bolivian  communities  (mainly 

11 Ley n263/2012. 
12 http://www.la-razon.com/nacional/Bolivia-carceles-Gobierno-sacarlos-ninos_0_2886311361.html 

11 

 
                                                 
women)  and  violence  against  women,  including  trafficking,  are  persistent  issues.  Following 
the  creation  of  the  Plurinational  Service  for  Women  and  Depatriarchalization  in  January 
2019, there is an expectation that the national gender mechanism will be strengthened. 

Overcrowding  of  prisons  and  the  overuse  of  pre-trial  detention  also  remain  issues  to  be 
tackled. Bolivia has made efforts to address them. In the coming year, it is key to follow up on 
implementation and monitoring of the short law amending the criminal procedure code with 
limitation in pre-trial detentions and improved measures against gendered violence.  

4.2  ILO Labour Rights Conventions  

Freedom of Association and Collective Bargaining (Conventions 87 and 98) 

In  2016,  the  ILO  requested  Bolivia  to  provide  further  information  on  the  investigations 
conducted  with  regard  to  the  allegations  of  police  aggression  during  trade  union 
demonstrations,  as  well  as  on  related  judicial  procedures.  According  to  the  information 
provided by the national authorities, the Ministry of Labour, Employment and Social Security 
through  the  General  Direction  of  Union  Affairs  is  involved  in  conflict  prevention  and 
mediation. 

The  ILO  issued  requests  on  several  legislative  matters  and  noted  with  satisfaction  the 
information  provided  by  Bolivia  concerning  the  repeal  of  section  234  of  the  Penal  Code, 
namely the requirement of a 75% majority of workers in order to call a strike. 

The  ILO  also  noted  the  Government's  indication  that  a  new  General  Labour  Act  was  being 
prepared, which provided for the inclusion of rural and agricultural workers so that they can 
benefit from all social rights; and envisaged a requirement of 20 workers to establish a union 
at the enterprise or industrial level. With regard to the right of public officials to organise, a 
bill  on  public  servants  was  also  being  prepared.  These  two  laws  are  still  pending,  and  the 
legislative process of a new labour code is frozen at the time of publication of this report.  

Further ILO recommendations concerned updating the amount of the fines to be imposed on 
acts of anti-union discrimination or interference to ensure that they are sufficiently dissuasive; 
and explicitly affording the guarantees set out in the Convention to public servants who are 
not  engaged  in  the  administration  of  the  State  and  to  all  agricultural  workers.  ILO  has  also 
noted deficiencies in tripartite dialogue concerning the minimum wage13. 

Abolition of Forced Labour (Conventions 29 and 105) 

In  its  2019  report,  ILO  requested  the  Government  to  continue  efforts  to  eradicate  forced 
labour  and  servitude  practices,  which  affect  particularly  the  indigenous  populations  of 
Quechua  and  Guaraní  origin,  and  to  provide  information  on  measures  to  combat  the  root 
causes of victims' vulnerability. It also requested information on the impact of the programme 
on ‘the progressive eradication of forced labour and other similar forms of work in indigenous 
communities in the Chaco zone, the Bolivian Amazon zone, and the Santa Cruz region’14. 

13 https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3417441 
14 
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO:13100:P13100_COMMENT_ID:39602
48:NO 

12 

 
                                                 
The  ILO  expressed  concerns  for  the  low  number  of  convictions  regarding  trafficking  in 
persons, despite the significant number of cases brought to justice. It urged the Government 
to  strengthen  its  efforts  to  ensure  prosecutions  and  to  impose  effective  and  dissuasive 
penalties.  It  requested  information  on  the  number  of  criminal  proceedings,  convictions  and 
penalties  on  the  basis  of  Act  No.  263  against  trafficking  and  smuggling  and  on  concrete 
measures to protect, assist, and provide remediation to victims of trafficking. 

Minimum Age for Work and Worst Forms of Child Labour (Conventions 138 
and 182) 

In 2014, Bolivia adopted Law No. 548 on the Code for Children and Adolescents, authorising 
children  to  work  from  age  12  for  an  employer  and  from  age  10  if  self-employed.  The 
Government stated that lowering the working age reflected the Bolivian reality as one of the 
poorest  countries  in  South  America.  In  July  2017,  Bolivia’s  Constitutional  Tribunal  struck 
down  these  provisions.  In  2018,  the  Bolivian  authorities  confirmed  that  following  the 
Constitutional Court ruling and the Parliament has modified the Child and Adolescent Code to 
re-establish the minimum age at 14. 

The GSP+ mission of January 2019 allowed for a fruitful discussion with Bolivian authorities 
on  the  implementation  of  Labour  Rights  Conventions.  Special  attention  was  paid  to  child 
labour.  Bolivian Authorities presented the results of the  child  labour  survey (ENNA). The 
Survey shows that child labour is still very significant in Bolivia (393,000 out of the 3 million 
Bolivian children) and can be a key tool to develop policies to achieve the goal of eradicating 
child labour by 2025. However, these figures are difficult to compare with the latest available 
data of 2008, by UNICEF, which had set this number at 848.00015. It is key that the data and 
methodology of the 2016 Child Labour survey is published to be able to conduct timely and 
relevant analysis and ensure adequate policy design and monitoring.  

Moreover,  worst  forms  of  child  labour  also  occur  in  mines  and  in  the  construction  sector 
and affect street children and children in informal employment. An estimated 3,800 children 
work in tin, zinc, silver, and gold mines in the country, while overall, according to a national 
report published by ILO-IPEC in 2008, 437,000 children under 14 years of age were engaged 
in hazardous work. Thus, the large majority of the estimated 491,000 working children under 
14 years performs hazardous work. 

The mission had the opportunity to  examine the  progress  made  in  the  sugar  cane  sector, 
including through corporate social responsibly initiatives such as the triple sello scheme in the 
Santa Cruz region. The certification is given to products whose value chain production is free 
of discrimination, forced labour, and child labour. Although it does not cover all sugar mills 
yet,  the  scheme  is  a  positive  step  in  improving  labour  conditions  and  fostering  corporate 
social responsibility in the sector. The improvement of the situation in the sugar cane sector 
needs to be extended to other sectors, such as Brazilian nut or informal mining.  

Given  the  lack  of  resources  of  labour  inspectors  in  the  country  and  the  difficulties 
encountered in gaining access to some plantations, there is a need to increase efforts in order 
to  effectively  detect  child  labour.  The  ILO  requested  the  Government,  in  cooperation  with 
UNICEF, to intensify its efforts to protect indigenous children from the worst forms of child 
labour. 

15 https://www.unicef.org/bolivia/magnitud_y_caracteristicas_del_TI_en_Bolvis_INE_OIT_baja.pdf  

13 

 
                                                 
In  2018,  the  ILO  expressed  remaining  concern  on  the  lack  of  information  on  the  results  of 
national  policies  and  government  actions  to  combat  child  labour  (i.e.  the  SIPRONA  Public 
policy  for  children  and  young  persons:  Basic  proposal,  or  the  Ministry  of  Labour's 
Institutional  Strategic  Plan).  It  also  requested  the  government  to  provide  age-disaggregated 
statistics  and  to  continue  efforts  to  strengthen  the  capacities  of  the  labour  inspectorate  and 
grant protection measures to children working in the informal economy. 

Elimination of Discrimination (Conventions 100 and 111) 

Bolivia's  general  approach  to  combat  racism  and  discrimination  at  the  workplace  was  to 
establish  the  National  Committee  against  Racism  and  All  Forms  of  Discrimination  and  to 
create units for combating racism and all forms of discrimination  in  all Bolivian Ministries. 
These  institutions  are  expected  to  implement  action  plans  and  trainings  in  line  with  the 
national legislation against racism.  

However,  in  2017  the  ILO  pointed  out  that  the  wage  gap  between  indigenous  and  non-
indigenous workers still exists without visible measures adopted or implemented to address 
the issue. The ILO requested Bolivia to ensure equality in access to education and vocational 
training for indigenous peoples, Afro Bolivians, and migrants to enable them to enjoy equality 
of opportunity in access to employment and remuneration. It seems there is no recent progress 
in this area. 

Regarding Convention 100, in its latest direct request (adopted 2016), the ILO requested that 
a new labour law is adopted shortly and fully establishes the principle of equal pay for work 
of  equal  value,  which  are  not  in  current  legislation.  It  also  requested  the  government  to 
evaluate and establish mechanisms for reporting cases of wage discrimination. 

On  Convention  111,  the  ILO  noted  policy  initiatives  that  address  discrimination  in 
employment, but regretted the lack of information concerning impact. It also noted the lack 
of visible measures – beyond a general national antiracism policy – to address discrimination 
in  employment  against  indigenous  people;  the  lack  of  information  about  specific  measures 
taken to address workplace sexual harassment; and concerns about access to remedy.   

The legislative process of a new labour code, which was to address issues of promotion and 
integration of women in employment, including equal remuneration, is frozen at the time of 
publication  of  this  report.  It  is  worth  noting  initiatives  such  as  the  National  Equal 
Opportunities Plan 'Women building a new Bolivia to live well'. Nevertheless, their strategic 
vision and concrete implementation are not always clear.  

Conclusions and monitoring priorities 

While  the  national  legislation  is  broadly  in  compliance  with  the  fundamental  ILO 
Conventions,  Bolivia  needs  to  improve  its  follow  up  to  the  ILO  supervisory  body's 
observations and recommendations. Enforcement also remains a concern.  

A  positive  development  during  the  reporting  period  is  the  re-establishment  of  the  minimum 
age of work to 14 years old in December 2018.  Progress has also been made at sector level, 
in particular in the sugar cane sector. However, further efforts are needed to achieve the goal 
of  eradicating  child  labour  by  2025.  Tackling  child  labour  requires  a  holistic  approach: 
through legislation and enforcement, education and training, social protection and promotion 

14 

 
of decent work opportunities.  

It will be important to publish the data and methodology of the latest child labour survey to 
ensure  that  the  data  and  statistics  have  been  collected  in  accordance  with  international 
standards to allow comparability over time and to provide a genuine picture of the situation 
in the country. The survey should serve as a basis for future policies and programs that aim at 
the  eradication  of  causes  and  determinants  of  child  labour.  Concerning  forced  and 
compulsory labour, the work on the elimination of forced labour in indigenous families in the 
Chaco, Amazonia, and Integrated North Santa Cruz should continue. 

4.3  UN Conventions on Environmental Protection and Climate 

Change  

Climate change, deforestation, soil and water pollution and soil erosion are key environmental 
challenges in Bolivia. 

Convention on International Trade in Endangered Species of Wild Flora and 
Fauna (CITES) 

Bolivia  has  achieved  Category  1  status 16 ,  as  its  national  legislation  is  in  line  with  the 
Convention. The Supreme Decree no. 3048 on the International Trade of Endangered Species 
of  Wild  Fauna  and  Flora  was  approved  on  11  January  2017  to  establish  administrative 
procedures for the protection of wildlife under CITES.  

Basel Convention 

Bolivia  has  reported  on  numerous  activities  connected  to  the  export  of  hazardous  wastes, 
which  it  will  continue  to  carry  out.  Priorities  include  exports  of  hazardous  waste  from 
different companies, as well as developing specific rules to implement the Basel Convention.  

Convention on Biological Diversity (CBD) 

As  regards  the  revised  National  Biodiversity  Strategy  and  Action  Plan  (NBSAP),  in 
December  2018  Bolivia  adopted  its  Policy  and  Strategy  for  the  Integral  and  Sustainable 
Management  of  the  Biodiversity,  with  a  related  action  plan  for  2019-2030 17 ,  with  five 
strategic  areas  including  policy,  governance,  sustainable  use,  comprehensive  environmental 
management, and knowledge management.  

Stockholm Convention on Persistent Organic Pollutants 

Bolivia  plans  to  carry  out  activities  related  to  environmentally  friendly  management  of 
polychlorinated  biphenyls  (PCBs),  contaminated  equipment  and  waste,  and 
the 
strengthening of technical capacity. Furthermore, it will put in place specific regulations for 

to 

16 Category 1: legislation that is believed generally to meet all requirements for effective implementation of 
CITES. Source: https://cites.org/eng/legislation/National_Legislation_Project 
17 The Policy and Strategy for the Integral and Sustainable Management of the Biodiversity Action Plan (2019-
2030) (Política y Estrategia Plurinacional para la Gestión Integral y Sustentable de la Biodiversidad - Plan de 
Acción 2019-2030) encompasses five strategic areas: policy and standards; institutions and territorial 
governance; conservation and sustainable use of biodiversity; comprehensive environmental management for 
biodiversity; and knowledge management and mobilization. There are 10 strategic objectives and 15 lines of 
action respectively associated to the 2020, 2025 and 2030 horizons. Additionally, two cross-cutting issues 
(climate change and gender) shall be mainstreamed in actions. 

15 

 
                                                 
the elimination of Persistent Organic Pollutants (POPs) until the year 2025. Projects framed in 
the  management  of  POPs  are  being  prepared  to  protect  human  health  and  the  environment 
from POPs. Bolivia has also improved its reporting compliance under the convention.  

Cartagena Protocol on Biosafety 

The  technical  regulation  on  'Food  labelling  and  products  intended  for  human  consumption 
that  are,  contain,  or  derive  from  genetically  modified  organisms'  was  approved.  Bolivia  has 
requested financial support from CBD to draft its fourth national report. 

Conventions on Climate Change 

The Ozone Secretariat has noted the challenges faced by Bolivia to consistently report on the 
consumption of hydrochlorofluorocarbons (HCFC). A proposal to update the decree to control 
Ozone Depleting Substances (ODS) to incorporate the accelerated HCFC phase out schedule, 
establish  quotas  per  importer,  and  limit  the  validity  of  licenses,  is  pending  approval.  The 
decree in place has already allowed the authorities to enforce control measures and limit ODS 
imports.  Therefore,  the  pending  approval  of  the  revised  decree  does  not  compromise  the 
country's ability to meet the HCFC phase out targets.  

The country has begun enforcement of the licensing and quota system since 1 January 2013. 
Through an administrative resolution of the Environment Vice Ministry, Bolivia issues yearly 
HCFC import quotas in accordance with the Montreal Protocol control targets. The country is 
in compliance with the Montreal Protocol control targets as well as with the targets specified 
in its HCFC phase out management plan (HPMP) Agreement. The import licensing and quota 
system will enable the country to achieve compliance with the Montreal Protocol's phase out 
schedule for HCFCs.  

Bolivia has refused a specific commitment on CO2 emissions. The principal argument of the 
Bolivian  Government  is  that  those  countries  most  responsible  for  CO2  emissions  should  be 
first to accept responsibility and undertake concrete actions on the matter. The contribution is 
linked  to  the  achievement  of  living  well  in  the  context  of  climate  change,  with  regards  to 
water, energy, forest and agriculture, and livestock. To this end, it relies on policy measures in 
water  management,  development  of  renewable  energy,  and  land  use  activities  (with 
quantifiable targets for 2030). In September 2016, President Morales presented to the UN the 
national law, which ratified the Paris Agreement. 

Conclusions and monitoring priorities 

Bolivia faces key environmental challenges and continues to take action, in particular in the 
areas  of  biodiversity  and  protection  of  endangered  species.  Institutional  strengthening  and 
coordination remain a challenge. 

Regarding  the  UN  conventions  on  Climate  Change,  though  Bolivia  has  not  taken  a  public 
position on CO2 reduction targets, it has developed quantifiable targets for a range of other 
policy measures, such as renewable energy use. Actions to ensure the implementation of these 
measures should be encouraged.  

16 

 
4.4  UN Conventions on Good Governance (Conventions 24-27) 

UN Conventions Fighting Illegal Drugs 

Bolivia continues to be one of the three largest cocaine-producing countries in the world and 
is  a  significant  transit  zone  for  Peruvian  cocaine.  At  the  seventh  EU-Bolivia  High  Level 
Dialogue  held  on  20  November  2018,  the  EU  encouraged  the  Bolivian  Government  to 
strengthen cooperation with neighbouring countries and to tackle the trafficking of controlled 
drugs. There is, however, some concern about the impact of the increase of the legal area of 
coca leaf production to 22,000 ha. on the production of cocaine. In this regard, the UN Office 
on  Drugs  and  Crime  (UNODC)  is  currently  implementing  two  new  key  studies,  on  the 
conversion  from  coca  to  cocaine  and  on  the  productivity  of  coca  leaf  crops,  with  financial 
support from the EU.  

A National Strategy to Fight against Drug Trafficking and Reduction of Surplus Cultivation 
of  Coca  (ENLC  &  CCEC)  for  2016-2020  is  in  place  and  the  Government  is  currently 
developing  the  Action  Plan.  The  strategy  establishes  the  following  pillars:  reduction  of 
supply,  reduction  of  demand,  control  of  surplus  coca  crops,  and  shared  international 
responsibility. 

The  2018  UNODC  monitoring  report, 
presented in August 2018, revealed a slight 
decrease  of  coca  cultivation  in  Bolivia  by 
six percent compared to 2017 (from 24.500 
ha.  in  2017  to  23.100  ha.  in  2018).  The 
regions of Yungas of La Paz, the Tropic of 
Cochabamba  and  the  North  of  La  Paz 
represented 
1% 
respectively,  of 
the  areas  under  coca 
cultivation in the country.  

34%, 

65%, 

and 

Bolivia  adopted  two  new  laws  in  March 
2017, the general law on coca and the law 
on  the  fight  against  illicit  trafficking  of 
controlled  substances  respectively.  During 
2017,  Supreme  Decrees  3318  and  3434 
were  approved, developing the regulations 
of  General  Law  906  on  Coca  and  on  Law 
913  on  the  Fight  against  Illicit  Traffic  of 
Controlled Substances. 

is 

in 

structured 

In  2016,  the  EU  pledged  €  60  million  over 
four  years  to  support  the  implementation  of 
the  National  Strategy  to  Fight  against 
Drug  Trafficking  and  Reduction  of 
Surplus  Cultivation  of  Coca  (ENLC  & 
RCEC). The program includes EU support to 
counter-narcotics efforts and a contribution to 
the  technical  capacity  building  of  national 
police  forces  provided  by  their  European 
counterparts. 
three 
The  program 
the 
components:  (1)  budget  support  for 
strategy  (€  50  million);  (2)  support 
to 
UNODC  for  crop  monitoring  and  seizures 
and  two  studies  regarding  the  conversion  of 
coca  to  cocaine    as  well  as  regarding  coca 
yield  production;  and  (3)  a  contract  with  the 
International and Ibero-American Foundation 
for  Administration  and  Public  Policies 
(FIIAPP)  regarding  technical  assistance  and 
training  of  Bolivian  institutions  involved  in 
the 
trafficking  and 
connected crimes (€ 4 million). A new budget 
support programme on the fight against drug 
trafficking  and  its  connected  crimes  is  being 
negotiated for the period 2020-2022. 

fight  against  drug 

the 

disproportionality 

Regarding  the  criminal  framework  related 
to  drugs,  the  2017  criminal  code  reform 
addressed 
of 
penalties established by 1988 Law 1008 on 
coca  and  controlled  substances,  which  has 
been  identified  as  one  of  the  main  factors 
fuelling  prison  overcrowding  and  pre-trial  detention  rates.  This  proposal  reduced  most 
penalties  regarding  drug  related  crimes  and  improved  their  proportionality.  The  criminal 
reform  was  eventually  derogated  in  January  2018,  after  intense  protests.  A  new  ‘short  law’ 
proposal has been developed to reintroduce the reforms to the drug penal law and is presently 
waiting to be discussed by the National Assembly.  

17 

 
UN Convention against Corruption (UNCAC) 

The Executive Summary of the 2013 review by the UNCAC Implementation Review Group 
(IRG)  noted  that  Bolivia  had  established  a  Ministry  for  Institutional  Transparency  and  the 
Fight  against  Corruption.  However,  in  January  2017  that  Ministry  was  merged  with  the 
Ministry of Justice.  

The  2013  review  concluded  that  Bolivia  carried  out  major  legislative  and  institutional 
reforms,  demonstrating  that  the  country's  political  commitment  to  combating  corruption  is 
yielding results. One of the reforms is the Law on Units of Transparency and the Fight against 
Corruption,  adopted  in  September  2017.  A  number  of  Transparency  and  Anti-Corruption 
Units  have  been  established  at  all  state  levels  with  the  mandate  of  promoting  and 
implementing preventive, transparency, and anticorruption measures. The implementation of 
Transparency Units is in line with the High Level Principles on Organizing against Corruption 
of the G20 Principle 22. In order to help implementing this law, the ministry of Justice and 
Institutional Transparency  is  implementing  a project  with  the support of the United Nations 
Office on Drugs and Crime (UNODC) to strengthen transparency units including undertaking 
corruption  diagnosis  and  formulating  local  transparency  and  anticorruption  policy/plans  and 
social control mechanisms. 

However,  the  IRG  also  recommended  that  Bolivia  should  focus  on  ensuring  appropriate 
criminalisation  of  corruption.  In  particular,  Bolivia  should  criminalise  trading  in  influence 
and abuse of functions, all elements of active bribery in the private sector, passive bribery in 
the  private  sector,  and  embezzlement  in  the  private  sector.  Progress  was  also  required  on 
international cooperation, the extradition framework, as well as access to information, where 
Bolivia, together with Venezuela, Cuba, and Costa Rica, is one of the few countries in Latin 
America  that  still  does  not  have  a  law  on  transparency  and  access  to  information.  Greater 
inter-agency  cooperation  and  increased  resources  for  anti-corruption  efforts  are  also 
expected. The derogated 2017 Criminal Code was meant to address these recommendations. 
All these aspects should be considered in a future criminal code reform. 

In  November  2018,  government  experts  from  Slovenia  and  the  Dominican  Republic  visited 
Bolivia to proceed to the 2nd Cycle of the Review Mechanism, which assesses the application 
of chapters II (Prevention) and V (Recovery of Assets) by Bolivia. It is estimated that the final 
version of the Report of the Second Review Cycle will be sent to Bolivia in the third quarter 
of 2019.  

During 2019, the Financial Investigation Unit (FIU) of Bolivia is working on the preparation 
of its country evaluation for the Financial Action Group of Latin America (GAFILAT), which 
will take place in 2020. This evaluation will review the country systems and mechanisms to 
comply with the 40 recommendations of the Group in order to prevent money laundering and 
terrorism financing. 

Bolivia was ranked number 132 out of 180 countries in the 2018 Transparency International 
Corruption  Perception  Index,  with  a  perceived  level  of  public  sector  corruption  score  of  29 
out  of  100  (whereby  zero  means  'highly  corrupt').  This  marks  a  deterioration  compared  to 
scores in 2017 and 2016 (33). 

Conclusions and monitoring priorities 

Together  with  the  international  community,  Bolivia  is  making  efforts  to  tackle  drug 
trafficking.  Bolivia's  new  counternarcotic  laws  permit  enhanced  controls  of  precursor 

18 

 
chemicals  and  enhanced  monitoring  of  coca  cultivation.  Implementation  of  these  new  laws 
will be crucial to bolstering Bolivia's counter narcotics efforts.  

Bolivia  continues  to  demonstrate  political  commitment  to  tackling  corruption.  The  Law  on 
Units  of  Transparency  and  the  Fight  against  Corruption,  adopted  in  September  2017,  is  a 
welcome  development.  The  law  is  being  implemented  and  a  significant  number  of 
Transparency  and  Anti-Corruption  units  have  been  established  at  all  state  levels  with  the 
mandate  of  promoting  and  implementing  preventive,  transparency  and  fight  against 
corruption measures.  

Further  work  is  needed  on  corruption  in  the  private  sector,  increased  international 
cooperation,  as  well  as  legislation  on  transparency  and  access  to  information.  After  the 
derogation  of 
the 
recommendations of monitoring bodies should be included in future legislation.  

the  2017  Criminal  Code,  anticorruption  measures  based  on 

19 

 
ANNEX 

Bolivia – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations18 

Compliance with reporting obligations to monitoring bodies 

1. Convention on the 
Prevention and Punishment 
of the Crime of Genocide 

2. International Convention 
on the Elimination of All 
Forms of Racial 
Discrimination 

Ratification: 14.06.2005 

No reporting obligations 

No reservations 

Ratified: 22.09.1970 

Compliant with reporting obligations 

No reservations 

Last report submitted on 13.05.2019. 

Last concluding observations from 08.04.2011. 

Last follow-up state party report submitted on 13.03.2013. 

3. International Covenant on 
Civil and Political Rights 

Accession: 12.08.1982 

Compliant with reporting obligations 

No reservations  

Last report submitted on 13.12.2018. 

Last concluding observations from 05.12.2013. 

Last follow-up state party report submitted 28.02.2018. 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

6. Convention against 
Torture and other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

Accession: 12.08.1982 

Compliant with reporting obligations 

No reservations 

Last report submitted on 12.03.2019. 

Last concluding observations from 08.08.2008. 

Ratification: 08.06.1990 

Compliant with reporting obligations 

No reservations 

Last report submitted on 29.08.2019. 

Last concluding observations from 28.07.2015, 

Last follow-up state party report submitted on 20.11.2017. 

Ratification: 12.05.1999 

Compliant with reporting obligations 

No reservations 

Last report submitted on 11.02.2019. 

Last concluding observations from 14.06.2013. 

Latest follow-up state party report was due 31.05.2014. 

7. Convention on the Rights 
of the Child 

Ratification: 12.06.1990 

Compliant with reporting obligations 

No reservations 

Last report submitted on 15.04.2019. 

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

Ratification: 2005 

Last concluding observations from 16.10.2009. 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2018, Direct Request 
2018. 

Next regular report due in 2020.  

9. Convention concerning 
Freedom of Association and 
Protection of the Right to 

Ratification: 1965 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016. 

18 Reservations do not apply in the ILO system, so there is no relevance to providing information under these conventions. 

20 

 
 
                                                 
Organise, No. 87 

10. Convention concerning 
the Application of the 
Principles of the Right to 
Organise and to Bargain 
Collectively, No. 98 

11. Convention concerning 
Equal Remuneration of Men 
and Women Workers for 
Work of Equal Value, No. 
100 

12. Convention concerning 
the Abolition of Forced 
Labour, No. 105 

13. Convention concerning 
Discrimination in Respect 
of Employment and 
Occupation, No. 111 

14. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 138 

15. Convention on Worst 
Forms of Child Labour, No. 
182 

Last report received in 2019.  

Next regular report due in 2022. 

Ratification: 1973 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016; Direct Request 
2016. 

Last report received in 2019. 

Next regular report due in 2022. 

Ratification: 1973 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2016; Direct Request 
2016. 

Last report following comments received on 13.09.2018.  

Next regular report due in 2021. 

Ratification: 1990 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018. 

Next regular report due in 2020. 

Ratification: 1977 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2016. 

Last report following comments received on 13.09.2018.  

Next regular report due in 2021.  

Ratification: 11.06.1997  

Compliant with reporting obligations 

Minimum age specified: 14 
years  

Latest CEACR comments: Observation 2018; Direct Request 
2018. CAS Country Case at ILC 2015. 

Last report submitted 2018 (requested by ILC). 

Next regular report due in 2020.  

Ratification: 06.06.2003 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2017; Direct Request 
2017. 

Next regular report due in 2020.  

16. CITES 

Ratification: 06.07.1979 

Lack of compliance with reporting obligations 

Last Annual Report (2018 and 2017) submitted on 08.05.2019. 

Last Biennial Report (2014-2015) submitted 01.03.16.  

Implementation Report for 2015-2017 due19. 

Annual Illegal Trade report for 2017 due.20 

17. Montreal Protocol 

Accession: 03.10.1994 

Compliant with reporting obligations 

19 Reporting mandatory, but not subject to compliance procedure. 
20 As above.  

21 

 
                                                 
Most recent data for 2016 was submitted. 

No more recent reporting data is available. 

18. Basel Convention 

Ratification: 15.11.1996  

Compliant with reporting obligations 

No reservations 

Last National Report (2017) submitted on 28.12.2018.  

Ratification: 03.10.1994 

Lack of compliance with reporting obligations 

No data on 2018 Annual National Report available. 

19. Convention on 
Biological Diversity 

Last (Fifth) report submitted on 27.03.2015. 

Latest (Sixth) National Report was due on 31.12.2018. 

National Biodiversity Strategy and Action Plan (v.2) submitted 
28.03.2019. 

20. UN Framework 
Convention on Climate 
Change 

Ratification: 03.10.1994 

Lack of compliance with reporting obligations 

No reservations 

Last (Second) National Communication submitted 02.12.2009. 

Third National Communication was due in 2013. 

Biennial Update Reports for 2014, 2016, and 2018 are due.  

21. Cartagena Protocol on 
Biosafety 

Ratification: 22.05.2002 

Compliant with reporting obligations 

No reservations 

Latest (Third) National Report was submitted on 10.02.2016. 

22. Stockholm Convention 

Ratification: 03.06.2003 

Compliant with reporting obligations 

Next (Fourth) National report due on 01.09.2019 

No reservations 

Last (Fourth) National Report was submitted on 31.08.2018. 

23. Kyoto Protocol 

Ratification: 30.11.1999 

No reporting obligations 

No reservations 

24. UN Single Convention 
on Narcotic Drugs 

Accession: 11.01.2013 

Reservation on coca leaf.21 

Reviewing is fulfilled by the International Narcotics Control 
Board (INCB). 

25. UN Convention on 
Psychotropic Substances 

26. UN Convention against 
Illicit Traffic in Narcotic 
Drugs and Psychotropic 
Substances 

Accession: 20.03.1985 

No reservations 

Ratification: 20.08.1990 

INCB mission took place 17-20 October 2016.  

See report of the INCB for 2017 and 2018.  

27. UN Convention against 
Corruption 

Ratification: 05.12.2005 

Reviewing is fulfilled by the UN Office on Drugs and Crime 
(UNODC).  

No reservations 

Review covering period 2010-15 was performed July 2014 and 
issued in January 2015. 

Second review cycle (2015-2020) visit was conducted in 
November 2018, report expected in 2019. 

21 Reservation made on paragraphs, which could be interpreted as establishing as a criminal offence the use, consumption, 
possession, purchase, or cultivation of the coca leaf for personal consumption.  

22