JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Plurinational State of Bolivia covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022
Date: 2023-11-21
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Bolivia, EU market, common commercial policy, development aid, generalised preferences, governance, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 21.11.2023  SWD(2023) 362 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Plurinational State of Bolivia covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022 {JOIN(2023) 34 final} - {SWD(2023) 359 final} - {SWD(2023) 360 final} - {SWD(2023) 361 final} - {SWD(2023) 363 final} - {SWD(2023) 364 final} - {SWD(2023) 365 final} - {SWD(2023) 366 final} - {SWD(2023) 367 final} - {SWD(2023) 368 final}  
 
 
PLURINATIONAL STATE OF BOLIVIA  

1.  SUMMARY ASSESSMENT 

During  the  last  decade  the  Plurinational  State  of  Bolivia  (Bolivia)  has  made  important 
efforts  in  fighting  poverty  and  improving  access  to  education,  health  care,  food,  and 
housing. Nevertheless, the COVID-19 pandemic exposed structural weaknesses and the 
fragility of the achieved progress, notably for indigenous communities and people living 
in remote areas which were particularly affected in terms of access to food, medicines, and 
government aid.  

In terms of compliance with the GSP+ related international standards, Bolivia continues to 
face serious challenges in protection of human rights and notably in addressing the high 
levels  of  gender-based  violence,  overcrowded  and  poor  conditions  in  prisons,  and  still 
widespread child labour across various sectors of the economy.  

1.1.  Priorities and Monitoring 

Key  priorities  in  GSP+  monitoring  related  to  human  and  labour  rights,  namely:  prison 
overcrowding,  abuse,  and  overuse  of  pre-trial  detention;  justice  independence;  violence 
against  women  and  girls,  including  human  trafficking;  persistent  discrimination  against 
indigenous people and absence of free prior and informed consent (1); child labour; and 
freedom of association and collective bargaining. 

1.2.  Human Rights 

Bolivia  has  ratified  all  GSP+  related  international  conventions  on  human  rights  and 
adopted necessary legislation. However, lack of institutional capacity and relevant funding, 
together with fluctuating political commitment, continue to be primary challenges for the 
effective implementation of human rights standards.  

The shortcomings of the justice system, most prominently the lack of its independence and 
the  excessive  use  of  pre-trial  detention,  belong  to  the  most  pressing  issues.  Violence 
against  women  and  girls  remains  extremely  high  despite  the  Government’s  stated 
commitment to tackle this phenomenon. 

1.3.  Labour Rights 

The Bolivian legislation complies only in part with the International Labour Organization’s 
(ILO)'s fundamental conventions. There are still challenges regarding legislation related to 
prevention, elimination, and remediation of child labour, as well as protection of freedom 
of association and collective bargaining rights. 

(1)  Free, Prior and Informed Consent (FPIC) is a specific right that pertains to indigenous people. It allows 

them to give or withhold consent to a project that may affect them or their territories. 

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Although consecutive child labour surveys suggest a reduction in the number of children 
engaged in economic activity and hazardous work, further efforts  are needed to achieve 
the Sustainable Development Goal (SDG) No. 8 on eradicating child labour by 2025. No 
progress has been reported by the government in addressing ILO comments and requests 
on freedom of association and collective bargaining. Legislative  changes 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 not advanced. 

Bolivia has shown progress in addressing human trafficking and forced labour by adopting 
the  relevant  measures  and  policy  frameworks,  with  the  2021-2025  Plurinational  Policy 
against Human Trafficking and Smuggling in Persons adopted in May 2022. 

1.4.  Environment and Climate 

Bolivia faces environmental challenges, due to high climate vulnerability, and continues 
to  focus  on  protection  of  biodiversity  and  endangered  species.  The  country’s  current 
administration  has  a  very  pro-environmental  discourse,  and  key  actors  have  a  high 
awareness  of  environmental  issues  and  their  potential  solutions.  Nevertheless,  there  is 
insufficient implementation capacity. 

Since 2022 and Bolivia’s participation in COP27, it seems that the Government is more 
open to receiving green finance and is taking further steps to access it. In April 2022, the 
Government submitted an updated Nationally Determined Contribution (NDC) under the 
Paris Agreement, maintaining the level of ambition of the first NDC. It emphasises climate 
justice  in  accordance  with  the  principles  of  equity  and  common  but  differentiated 
responsibilities and respective capabilities, considering national circumstances. 

1.5.  Good Governance 

After  Colombia  and  Peru,  Bolivia  is  one  of  the  main  coca  leaf  and  cocaine  producing 
countries, the latter being much trafficked to the EU. The chewing of coca leaf is a traditional 
practice in the country and legally permitted on its territory. However, coca cultivation and 
drug production in Bolivia are becoming increasing issues. During the last 15 years, the 
EU has been supporting Bolivia in the fight against drugs and integral development with 
coca sectors. In that period, the general trend of coca leaf cultivation surface in Bolivia 
fluctuated significantly and amounted to 30,500 ha in 2021, against a legal maximum of 
22,000 ha. The Government has been making efforts to tackle drug trafficking, and the 
most  recent  counter-narcotic  laws  permit  enhanced  control  of  precursor  chemicals  and 
monitoring of coca cultivation. Effective implementation of these laws will be crucial to 
bolstering Bolivia's counter-narcotics efforts.  

In terms of fight against corruption, the Law of 2017 on Units of Transparency and the 
Fight against Corruption is being implemented, and in 2021 the Law on Reinforcing the 
Fight against Corruption was adopted and entered into force. However, the perception of 
citizens remains very critical. To effectively  fight corruption, also in  the private sector, 
further efforts are needed, including increased international cooperation and transparency.  

1.6.  Status of Ratification and Reporting 

Bolivia has ratified the 27 international conventions monitored in the framework of  the 
GSP+,  and  its  national  legislation  is  generally  aligned  with  the  international  standards 
embedded in them. The Government complies with its reporting obligations concerning 
most conventions  but is  lagging behind  several  reporting obligations under Multilateral 
Environmental Agreements (MEAs), as shown in the Annex. 

Page | 2 

 
2.  LONG-TERM VIEW: BOLIVIA SINCE JOINING GSP+ IN 2014 

Though rich in mineral and hydrocarbon resources - with the world’s largest lithium and 
the second-largest reserves of natural gas in South America - Bolivia is one of the poorest 
countries in the region, and the country’s exports to the EU remain largely concentrated 
on raw materials and agricultural products.  

During the last decade, the country has enjoyed strong economic growth and managed to 
increase growth inclusivity. Between 2014 and 2022, Bolivia’s GDP grew at  an annual 
average rate of 2.4% (and a 3.9% rate between 2014 and 2019), and its GDP per capita 
cumulatively grew by 8.2% in that same period (12.5% between 2014 and 2019), based on 
Word  Bank  data (2).  Nevertheless,  the  country  has  been  marked  by  a  strong  informal 
sector.  Simultaneously,  social  programmes  and  higher  wages  have  lessened  income 
distribution inequalities, measured by the Gini coefficient, which fell from 0.478 in 2014 
to 0.409 in 2022 (3). 

The  Bolivian  Government  has  made  efforts  to  fight  poverty  and  to  improve  access  to 
education,  health,  food,  and  housing.  The  country  noted  an  improvement  of  the  Social 
Progress Index from the score 62.90/100 in 2014 to 67.15/100 in 2022 (85th position out 
of  169  countries).  Nevertheless,  Bolivia  scores  particularly  low  in  indicators  related  to 
inclusiveness,  environmental quality,  access  to  health and wellness,  access to  advanced 
education, personal rights, and personal freedom and choice (4). The poverty rate fell from 
9% in 2014 to 6.4% in 2021 (5). With a growing population and high levels of internal 
migration, the next census, planned in 2024, will be an important tool to map still existing 
material needs among the population. 

The health crisis caused by the COVID-19 pandemic led to economic recession and to a 
rebound in poverty, and confronted the Bolivian authorities with the structural weakness 
and the fragility of the domestic reforms. Many sectors have recovered from the crisis and 
are expected to grow back to their pre-pandemic levels by 2023 (except for hydrocarbons 
and services). Poverty rates and the Gini index are foreseen to mirror this positive trend.  

Progress has been based on a wide range of reforms, embedded in the Political Constitution 
of 2009, such as a significant increase in government revenues, higher social expenditures, 
as well as a large expansion of public investments, conditional transfers, and subsidies. In 
terms of compliance with the GSP+, the Government made efforts to effectively implement 
international conventions, while facing serious challenges in protection of human rights 
and  notably  in  fighting  violence  against  women  and  girls,  overcrowded  and  poor 
conditions in prisons, and widespread child labour.  

(2)   World Development Indicators. 
(3)  The Gini coefficient ranges from 0 to 1, with 0 representing perfect equality and 1 representing perfect 

inequality: https://data.worldbank.org/indicator/SI.POV.GINI?locations=BO 
All links provided in this Staff Working Document were up to date as of 20 October 2023.   

(4)  The  Social Progress Index combines 53 social and environmental outcome indicators to calculate an 
overall score for countries, that includes measures in health, safety, education, technology, rights, and 
more; https://www.socialprogress.org/global-index-2022overview  
(5)   https://data.worldbank.org/indicator/SI.POV.LMIC?locations=BO  

Page | 3 

 
 
3.  RECENT DEVELOPMENTS  

Bolivia has remained affected by the conflicts surrounding the 2019 elections, and under 
the umbrella of the Bolivian Vice-President’s Office, the UN, with the support of several 
other  members  of  the  international  community  including  the  EU (6),  initiated  a 
“reencuentro”  process  to  help  promote  dialogue  between  the  different  political  and 
societal groups, with a view to overcoming the fissures created by the 2019 elections and 
its aftermath. However, this much-awaited process has struggled to gain real momentum 
and there has been limited progress on reparation and redress to victims. 

In March 2021 former interim President Jeanine Añez and members of her Government 
were arrested. The first trial concluded with a 10-year imprisonment sentence against Añez 
in June 2022, which she appealed in July 2022. The technical mission of the Office of the 
High Commissioner for Human Rights (OHCHR) Mission in Bolivia, in agreement with 
competent national authorities, held a monitoring role and participated in court sessions 
throughout  the  process.  In  June  2022  the  OHCHR  published  their  preliminary 
observations, focusing on due process and transparency of judicial proceedings based on 
international standards, including the GSP+ related International Covenant on Civil and 
Political Rights (ICCPR) and international jurisprudence. The observations contained six 
aspects related to due process: (1) excessively broad and ambiguous criminal definition of 
“failure  to  fulfil  duties”;  (2)  excessive  use  of  pre-trial  detention;  (3)  problems  with  the 
access to witness evidence; (4) the holding of virtual and hybrid format of hearings; (5) the 
holding of trials in absentia; (6) the participation of numerous prosecuting parties affecting 
the procedural balance. In December 2022, the Governor of the Santa Cruz department and 
prominent opposition leader, Luis Fernando Camacho, was arrested, also for his role in the 
2019 events. For the opposition, Camacho is a political prisoner.  

OHCHR in Bolivia, despite initially seemingly positive prospects for an extension of its 
technical mission, was notified by the Bolivian authorities in late December 2022 that the 
mandate would not be renewed beyond 2022. The EU has expressed its concerns about 
this decision, as the absence of the OHCHR technical mission might lead to worsening of 
transparency and monitoring of human rights compliance, particularly as it was the only 
human rights-specialised entity present in the country (7). 

(6)  The  EU has also been very active on electoral support during the past electoral cycle  and intends to 
remain a key partner in this area in the current inter-electoral period. Next elections are to take place end 
2025. 

(7)   OHCHR  communicated  to  the  Bolivian  Government  that  it  would  retain  a  reduced  presence  in  the 
country assisting the UN Resident Coordinator’s Office while new cooperation frameworks are being 
negotiated. Under this arrangement, OHCHR has continued to collaborate with the EU. The Committee 
Against  Torture  and  the  Committee  on  the  Rights  of  the  Child  recommended  that  the  Government 
continue its cooperation with OHCHR in the country.  

Page | 4 

 
 
After the COVID-19-led contraction of 8.7% in 2020, the Bolivian economy rebounded 
with a growth rate of 6.1% in 2021 and should recover its pre-pandemic levels by 2023. 
Economic growth has also been heavily driven by large public spending and  led by the 
transportation,  mining,  manufacturing  and  construction  sectors,  according  to  the 
International  Monetary  Fund  (IMF).  According  to  the  preliminary  estimates  of  the 
Ministry of Economy, in 2022 GDP increased by 3.8% while the IMF estimated a 3.2% 
growth and the World Bank a 3.1% growth. The World Bank and IMF have respectively 
forecasted  that  GDP  will  increase  in  2023  by  2.5%  and  1.8% (8).  However,  a  currency 
crisis  in  the  first  months  of  2023  was  marked  by  a  run  on  foreign  exchange,  with  the 
Boliviano’s  de  facto  peg  to  the  dollar  under  pressure  due  to  rising  debt  and  dwindling 
international reserves. 

Even though the unemployment rate is among the lowest in the region, standing at 3.59% 
in the first quarter of 2023 (9), most jobs are of a precarious nature, considering that around 
80% of workers in Bolivia were employed in the informal sector in 2019. 

According  to  UNCTAD's  World  Investment  Report  2022,  after  large  disinvestment  in 
2020 (approximately €0.9 billion), due not only to the COVID-19 pandemic but also to 
political  uncertainty  in  an  election  year  as  well  as  commodity  prices,  foreign  direct 
investment (FDI) inflows to Bolivia turned positive in 2021 to €0.6 billion, and the stock 
of  FDI  was  estimated  at  €9.0  billion (10).  Bolivia’s  wealth  of  natural  resources  attracts 
significant investment, particularly from Russia and China. Bolivia has recently sought to 
partner with foreign firms to jumpstart its lithium mining and processing capacity.  

EU–Bolivia Development Cooperation 

Bolivia is the largest beneficiary of bilateral EU development cooperation in South America 
(€104 million in 2021-2024). A Joint European Strategy for 2022-2025 has been adopted, in the 
framework of the joint programming process with Team Europe (EU Member States present in 
Bolivia  and  Switzerland). The  national Multiannual  Indicative  Programme (MIP)  2021-2027 
includes  two  priority  areas:  (1)  Environment,  Climate  Change  and  Inclusive  Economic 
Development, which supports environmental governance, rights and defenders, climate change 
mitigation, access to water and sanitation and the creation of decent green jobs for the most 
vulnerable groups; and (2) Governance and Human Rights with a strong focus on enhancing the 
rule of law, human rights, democracy, compliance with international conventions, human rights 
defenders, gender equality and indigenous rights. 

Cooperation is  implemented  through  different  financial instruments: budget support,  indirect 
management  through  EU  Member  States  and  International  Organisations,  and  direct 
management  through  grants,  including  to  civil  society  organisations  (CSOs).  It  includes  an 
additional amount designated to a cooperation facility aimed at accompanying implementation 
and policy dialogue and specific measures in support to civil society (€7 million for 2021-2024).  

(8)   Global Economic Prospects  – A World Bank Group Flagship Report,  June 2023 and the IMF World 

Economic Outlook, April 2023. 

(9)   https://www.ine.gob.bo/index.php/bolivia-principales-indicadores-de-empleo-por-trimestre-segun-

sexo/  

(10)  Based on Bolivia’s latest WTO Trade Policy Review report (2017), the EU has been the largest foreign 
direct  investor  in  the  country  with  France,  Spain,  and  the  Netherlands  leading  in  FDIs.  Bolivia  has, 
however, terminated all its Bilateral Investment Treaties (BITs) with EU Member States when it declared 
22 bilateral trade agreements unconstitutional between 2006 and 2013. 

Page | 5 

 
 
The  EU  supports  the  effective  implementation  of  GSP+  conventions  through  thematic 
programmes,  notably  the  European  Instrument  for  Democracy  and  Human  Rights/current 
Human Rights and Democracy thematic Programme and the Thematic Programme for CSOs. 
Through these instruments, the EU has been supporting human rights defenders, fight against 
women  and  girls’  violence,  political  participation  of  women,  civil  society  monitoring  and 
advocacy  on  justice  and  human  rights  issues,  electoral  support,  and  environmental  and 
indigenous rights. Finally, the EU has also mobilised the Instrument contributing to Stability 
and  Peace  under  Foreign  Policy  Instrument  (FPI)  and  the  Rapid  Response  Pillar  under  the 
Neighbourhood,  Development  and  International  Cooperation  Instrument  –  Global  Europe 
(NDICI-GE)  in  support  of  the  electoral  system,  conflict  management  and  effective 
implementation of international commitments of human rights. 

The EU is also chairing the donor-coordination groups on Justice, Governance, Environment 
and Civil Society. In that context, dialogues with CSOs allow to identify the challenges faced 
by CSOs when promoting human rights and democracy. 

In terms of recent positive developments in the context of GSP+ compliance, it is worth to 
indicate: the reduction of number of children engaged in economic activity and hazardous 
work;  the  adoption  by  Government  in  May  2022  of  the  Plurinational  Policy  Against 
Human Trafficking and Smuggling in Persons (2021-2025), aiming at addressing human 
trafficking  and  forced  labour;  the  submission  by  the  Government  in  April  2022  of  the 
updated NDC for 2021-2030 under the Paris Agreement maintaining the level of ambition; 
and the entering into force in October 2021 of the Law on Reinforcing the Fight Against 
Corruption.  

4.  EU-BOLIVIA TRADE AND GSP+ 

In 2022, the EU was Bolivia’s fifth (11) trading partner, accounting for 7.3% of its total 
trade, while Bolivia was the EU’s 106th trade partner. Trade in goods between the EU and 
Bolivia totalled €1.7 billion, after €1.4 billion in 2021; prior to the pandemic, in 2019, it 
had been €1.2 billion.  

In  2022,  EU  exports  to  Bolivia  amounted  to  €644  million,  which  represented  a  steep 
increase compared to 2020 and a small increase of 3.7% compared to 2019. Nevertheless, 
after the record year of 2017 (€960 million), EU exports to Bolivia have declined. This 
could be attributed to the export of cable cars (limited to the 2013-2018 period) which in 
2017  represented  by  their  own  27%  of  exports  (€128  million),  and  57%  if  related 
machinery is included (€271 million) (12). 

Despite enjoying the GSP+ preferential trade regime, Bolivia’s exports to the EU have not 
seen a large diversification, remaining largely concentrated on raw materials (over 80% of 
which enter the EU at non-preferential MFN zero tariff). Given the impact of the COVID-
19  pandemic,  Bolivia  will  likely  not  exceed  the  World  Bank’s  threshold  of  a  or  lower 
middle-income country and thus remain eligible for GSP+ in the next 5 years. 

(11)  After Brazil, Argentina, China, and India, and just ahead of Peru. 
(12)  https://webgate.ec.europa.eu/isdb_results/factsheets/country/details_bolivia_en.pdf.  

Page | 6 

 
 
 
Figures 1-4 below describe Bolivia’s trade under GSP+ and utilisation of tariff preferences 
in the context of the EU's overall imports from Bolivia (13). 

Of the €871 million worth of Bolivian goods imported by the EU under the normal regime, 
€63  million  were  eligible  to  benefit  from  GSP+  in  2022  (Figure  1  and  2).  Bolivian 
exporters used around 84-94% of the GSP+ preferences in 2019-2022 (Figure 1 and 2). 
The top products exported under GSP+ were edible preparations, followed by cereals (the 
top products in 2018) (Figure 3). Edible preparations are also the products which incurred 
the largest tariff reduction in 2022 (Figure 4). 

Figure 1: EU imports from Bolivia and GSP+ utilisation rate, 2019-2022 

Total imports, € million 

GSP+ eligible, € million 

GSP+ used, € million 

Share GSP+ in total, % 

GSP+ utilisation rate, % 

2019 

547.5 

83.0 

78.2 

15.2 

94.2 

2020 

389.5 

45.1 

38.1 

11.6 

84.5 

2021 

689.4 

54.3 

50.3 

7.9 

92.6 

Trend % 

59.0 

-23.9 

-25.0 

2022 

870.6 

63.2 

58.6 

7.3 

92.8 

Figure 2: EU imports from Bolivia by trade regime (€ million) and utilisation rates (%), 2019-2022 

1000

800

600

400

200

0

5
59

807

4
50

618

5
78

464

7
38

344

100

80

60

40

20

2021

2020

2019
GSP+ eligible not used
GSP+ preferential imports (€ million)
Other (MFN)

2022

97,7

94,2

95,4

98,2

97,9

92,6

92,8

84,5

15,2

11,6

7,9

7,3

2019

2020

2021

2022

Share GSP+ in total
Utilisation rate
Share duty-free in total

(13)  All statistics are based on Eurostat data as of September 2023. 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. Trade flows registered as “confidential” do not appear in the 
GSP+  usage  figures  and  regime  1  normal  trade;  but  do  appear  in  total  trade  figures  (regime  4). 
https://ec.europa.eu/eurostat/cache/metadata/en/ext_go_agg_esms.htm#conf1537195068659  

Page | 7 

 
 
  
  
 
 
 
 
 
Figure 3: Top Bolivian product groups benefitting 
from GSP+ tariff preferences, 2022, € million 

Figure 4: GSP+ tariff reduction gains per product 
group, 2022, € ‘000 

97,9

96,9

85,0

81,4

79,5

70,9

6
,
3
3

8
,
2
3

5
,
4
1

1
,
4
1

8
,
3

2
,
3

5
,
2

1
,
2

5
,
6

6
,
8 4
,
1

3
,
2

100
90
80
70
60
50
40
30
20
10

40,0
35,0
30,0
25,0
20,0
15,0
10,0
5,0
0,0

Inorganic & 
organic 
chemicals
81

Others
201

Edible 
preparations
354

Wood
187

Apparel & 
clothing
245

Eligible

Used

Utilisation rate (%)

5.  COMPLIANCE WITH GSP+ OBLIGATIONS 

5.1.  UN Human Rights Conventions (Conventions 1-7) 

Bolivia is a member of the UN Human Rights Council from 2021 until 2023 and will hold 
the vice-presidency during 2023. The latest Universal Periodic Review (UPR) (14) of 2019 
showed  that  Bolivia  supported  206  of  238  (86%)  recommendations  received  which 
represented an increase of 23% in comparison to the previous UPR cycle in 2014.  

The Defensoría del Pueblo (Ombudsperson’s Office), the national human rights institution, 
was  accredited  with  “A”  status (15)  by  the  Global  Alliance  of  National  Human  Rights 
Institutions in 2017 and is due for re-accreditation in 2024. The Ombudsperson’s Office 
has  a  wide-ranging  mandate  and,  since  2021,  it  has  been  designated  as  the  National 
Preventive Mechanism against torture, in accordance with the provisions of the Optional 
Protocol  to  the  Convention  against  Torture.  In  2021,  the  Committee  Against  Torture 
welcomed this measure, while recommending that the Bolivian Government guarantee the 
functional  and financial  independence of the new National  Preventive  Mechanism.  The 
Committee  also  recommended  the  Bolivian  Government  to  strengthen  the  institutional 
framework of the Ombudsperson’s Office by ensuring transparency in the selection of its 
directors and members and providing necessary technical, financial and human resources 
to carry out its mandate effectively. The need to set aside sufficient human, technical and 
financial  resources  for  the  Office  was  also  highlighted  by  the  Committee  on  Migrant 
Workers in 2022. The new Ombudsperson was elected in September 2022, after repeated 
failures by the Plurinational Legislative Assembly to designate a new Ombudsperson. He 
acknowledged  that  the  Office  had  suffered  from  decreased  institutional  capacity  and 
committed to reconstructing it to recover its credibility and legitimacy (16). 

(14)  https://www.ohchr.org/sites/default/files/lib-

docs/HRBodies/UPR/Documents/Session34/BO/Bolivia_Infographic.pdf 

(15)  A  status  means  compliant  with  the  Paris  Principles  relating  to  the  Status  of  National  Human  Rights 

Institutions. 

(16)  With support of the EU, OHCHR has been engaging with the Ombudsperson’s Office for its institutional 
strengthening,  including  the  realisation  of  a  capacity  assessment  exercise  and  technical  assistance  in 
human rights monitoring and indigenous peoples’ rights. 

Page | 8 

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

(CERD) 

The periodic review of Bolivia’s compliance with the Convention was supposed to take 
place in April 2022, however it was postponed to November 2023. Despite guarantees laid 
down  in  the  Political  Constitution,  racism  and  discrimination  against  indigenous 
communities have remained common in Bolivia, and indigenous people continue to face 
attacks, police repression and invasion of their lands.  

According to the Ombudsperson’s Office, between 2013 and 2022, 815 cases of racism 
and  discrimination  against  vulnerable  populations  were  upheld.  More  specifically, 
according  to  the  Public  Prosecutor  Office’s  data,  in  2021  93  complaints  related  to 
discrimination and racism were received and 77 in 2022 (up to 1 December). Furthermore, 
only three reported cases of racism and discrimination had been considered in court by the 
end of 2022, even though more than 12 years have passed since the adoption of the Law 
No. 45 of 2010  against Racism and All  Forms of Discrimination. Also the UN Human 
Rights Committee expressed concerns over the low number of convictions under the said 
Law.  

5.1.2.  International Covenant on Civil and Political Rights (ICCPR) 

The periodic report on the Covenant by the UN Human Rights Committee of June 2022 
covered developments in Bolivia since 2013. The latest legislative reforms to better protect 
civil  and  political  rights  include  the  creation  of  the  Ana  Maria  Romero  Plurinational 
Service for Women in 2019 and the approval of the Resolution on the Single Protocol for 
Specialised Care for Victims of Human Trafficking in 2020. 

Although ICCPR covers multiple human rights, some indicators (17) illustrate the overall 
direction  of  developments  regarding  civil  and  political  rights.  Both  the  Political  Rights 
Index and the Civil Liberties Index scores remained stable between 2016 and 2021. The 
overall  Freedom  in  the  World  Index  ranks  Bolivia  as  a  partly  free  country.  The 
Fundamental  Rights  Score  showed  a  very  slight  downward  trend,  and  the  Voice  and 
Accountability Indicator decreased sharply in 2019 and 2020, reflecting the political crisis 
in 2019 and human rights violations (18), restrictions related to the freedom of expression 
and the consequences of the COVID-19 pandemic.  

Concerns persists about discrimination and violence against women and LGBTIQ persons, 
who continue to face attacks, murders, and discriminatory practices in all spheres of life. 
The incidence of femicide remains high. The Attorney General’s Office reported 113 cases 
in 2020 and Freedom House reported more than 100 femicides in Bolivia in 2021. The 
number  of  cases  of  violence  against  women  reached  more  than  20,000  in  2020.  The 
definition of rape  in  the  Bolivian penal  code is  based on the use of force and does not 
provide an explanation of the term “consent” nor does it establish appropriate rules to guide 
the criminalisation and prosecution of rape. 

(17)  https://freedomhouse.org/country/bolivia/freedom-world/2022  
(18)  In August 2021, the Inter-American Commission on Human Rights (IACHR) published the final report 
of the Group of Independent Experts (GIEI) which identified serious human rights violations committed 
during  the  period  of  investigation  (1  September  –  31  December  2019),  under  State  responsibility.  It 
highlighted disproportionate use of police and military forces that had led to incidents causing more than 
37  casualties  and  833  people  injured,  as  well  as  cases  of  arbitrary  detentions  during  protests,  and 
aggressions against indigenous peoples and sexual abuse against women. As a step in following up on 
the recommendations provided by the GIEI-Bolivia, the Bolivian Government together with the IACHR 
formed a follow-up Committee for the Implementation of the Recommendations (MESEG Bolivia). 

Page | 9 

 
 
Human  trafficking  and  forced  labour  are  also  of  concern.  Human  trafficking  persists 
despite the Comprehensive Law No. 263 of 2012 against Trafficking and Smuggling of 
Persons in place, the amendments introduced to the Criminal Code to cover all forms of 
trafficking, and the continued enforcement efforts by Bolivian authorities to eliminate the 
practice.  The  2021-2025  Plurinational  Policy  against  Trafficking  and  Smuggling  in 
Persons was adopted by the Government in May 2022. While there is a high number of 
complaints of trafficking and related crimes registered by the authorities, the number of 
convictions remains low. With support of several international donors, including the EU, 
the  Government  established  specialised  prosecutor’s  offices  in  its  nine  territorial 
departments, and participated in anti-trafficking prevention campaigns with international 
and civil society organisations.  

Despite successive legislative progress, to date, a comprehensive and decisive reform of 
the justice system has not been undertaken and key challenges remain.  The UN Human 
Rights Committee raised concerns about the inadequate geographical coverage of justice 
services,  the  cases  of  political  interference  and  corruption,  the  persistently  insufficient 
budget (less than 0.5% of national budget), and the limited coverage and number of public 
defenders. It also stressed the high proportion of judges (46%) and prosecutors (89%) who 
were appointed on a temporary basis and lacked security of tenure (19). 

These  challenges  are  exacerbated  when  it  comes  to  criminal  justice,  which  faces  a 
longstanding crisis. Overcrowding of prisons and extensive use of pre-trial detention need 
to be tackled. In 2021, the occupancy level of Bolivian prisons was recorded as one of the 
highest in the world – almost 264% of the actual capacity. The Human Rights Committee 
reported some improvements, but the level of overcrowding remains at 148% and 65-70% 
of all persons deprived of liberty are estimated to be in pre-trial detention. There are also 
concerns regarding due process guarantees and failure to respect the international principle 
of legality in crimes of terrorism and sedition. In 2022, the Constitutional Court issued a 
sentence invalidating the crime of sedition. 

The  Bolivian  authorities  have  recognised  these  deficiencies  in  the  judicial  system  and 
made  efforts  to  address  them.  Annual  decrees  granting  pardon  or  amnesty  to  persons 
incarcerated preventively for minor offences have been regularly emitted, and the last one 
in February 2021 contributed to the release of 709 people. However, such measures do not 
constitute a solution for structural problems. The effective implementation of the Criminal 
Code of 2017 (as amended in 2018 and 2019) is delayed, and budgetary allocations are 
insufficient  to  ensure  a  visible  reduction  of  the  judicial  backlog  and  improvement  of 
protection measures in case of violence against women. 

Freedom of expression and association is also a challenge. The Bolivian score in the World 
Press Freedom Index deteriorated significantly from 64.53 in 2021 to 51.09 in 2023 (20). 
Physical  attacks  against  journalists  are  common  and  have  intensified  since  2020.  An 
incident in 2021 when several journalists were assaulted and shortly held captive by an 
armed  group  for  reporting  on  a  land  dispute  in  Santa  Cruz,  remains  unpunished. 
Meanwhile, covering the strike in Santa Cruz in November 2022, at least 25 journalists 
were reportedly attacked by the police. 

(19)  It was confirmed in the final report of the UN Special Rapporteur on the independence of judges and 

lawyers who visited the country in February 2022. 

(20)  https://rsf.org/es/pais/bolivia 

Page | 10 

 
 
Regarding  the  rights  of  indigenous  people,  the  Human  Rights  Committee  noted  that 
Bolivia had no legal framework to guarantee their right to prior, free, and informed consent 
related  to  projects  that  may  affect  their  territories,  way  of  life  and  their  culture.  The 
Committee received reports of violations related to Government’s mining concessions with 
mercury contamination of protected areas and indigenous territories.  

EU–Bolivia Development Cooperation on Civil and Political Rights 

Since  2019  the  EU  is  supporting  the  Bolivian  justice  system  through  a  €3  million  project 
implemented by the Spanish Agency for International Development Cooperation (AECID) and 
the UN Office on Drugs and Crime (UNDOC). The project focuses on judicial/fiscal career, 
digitalisation,  and  management  models,  fight  against  corruption,  legal  aid,  and  fight  against 
gender-based violence. The EU accompanies the Government with support to civil society on 
their  role  of  policy  monitoring  and  advocacy  through  three  CSO  projects  amounting  to 
approximately €3 million. Since 2016, the EU also supports the implementation of the national 
policy to fight human trafficking. 

The national MIP 2021-2027 includes a priority area related to Governance and Human Rights 
with focus on promoting the rule of law, governance, human rights, and gender equality.  

Since 2019 the EU has been supporting the Electoral Court through a €2 million Instrument 
contributing to Stability and Peace. This project has been implemented by the UN Development 
Program (UNDP) and its follow-up phase is under preparation. Together with Spain, the EU 
also financed an NGO national observation mission during the 2020 and 2021 elections through 
a project implemented by the Institute for Democracy and Electoral Assistance (International 
IDEA).  

Through  thematic  programmes,  the  EU  also  supports  two  regional  projects  of  €1  million 
promoting the rights of LGBTIQ groups in Bolivia, Peru, Ecuador, and Colombia and a business 
and  human rights  related  project  of  €1.5 million  which  started  in  2021 and  aims  to  promote 
human rights and environmental protection in the mining sector in Bolivia, Peru, and Ecuador. 
The  EU  has  also  long  supported  Human  Rights  Defenders  in  the  areas  of  indigenous  and 
environmental rights, LGBTIQ rights and freedom of expression (project of €1 million financed 
from the European Instrument for Democracy and Human Rights (EIDHR)), as well as youth 
advocacy on environmental rights through the programme for civil society organisations. 

5.1.3.  International Covenant on Economic, Social and Cultural Rights (ICESCR) 

In  2021  the  Committee  on  Economic,  Social  and  Cultural  Rights  (CESCR)  issued  a 
periodic report where it welcomed the legislative, institutional and policy measures taken 
by the Bolivian Government since the last review in 2008 (21). In terms of access to health, 
the adoption of the Unified Health System (SUS) in 2019 was considered an advance, as 
it provides guarantees of free health care to individuals not covered by the short-term social 
security scheme and benefits 5.8 million previously uninsured persons (more than 50% of 
the  population).  However,  the  State  failed  to  ensure  sufficient  resources  for  its 
implementation.  

(21)  Notably  the  ratification  of  the  Optional  Protocol  to  the  ICESCR,  the  adoption  of  legislation  that 
decriminalised the right to strike (both in 2012), the adoption of the Gender Identity Law No. 807 of 
2016, the establishment of the Unified Health System in 2019, and the adoption of the 2017-2022 Job 
Creation Scheme. 

Page | 11 

 
 
 
UNESCO  has  highlighted  that  the  increased  enrolment  rates  in  primary  and  secondary 
level  education  (respectively  95.7%  and  84.1%  in  2016 (22))  worsened  during  the 
pandemic. This has led to an increase in inequality given the uneven access to internet, an 
increased drop out risk, especially for the most vulnerable children, and side effects such 
as deprivation of socialisation and nutritional food supplies provided in schools, notably 
in the countryside and in remote provinces. 

While  the  levels  of  unemployment  in  Bolivia  were  reduced  under  the  2017-2022  Job 
Creation  Scheme,  job  losses  triggered  by  the  COVID-19  pandemic  disproportionately 
affected vulnerable population groups, such as young persons, indigenous people, persons 
with disabilities, LGBTIQ persons, and migrants. A high share of the population continued 
to work in the informal economy, with most of them being women engaged in precarious 
forms of employment.  

The  largely  informal  labour  market  has  important  consequences  on  access  to  social 
protection, wages and income and labour  conditions,  including  occupational  health and 
security.  Despite  economic  growth  and  a  significant  reduction  in  poverty,  there  are 
persistent socioeconomic gaps between rural and urban areas and between the indigenous 
and non-indigenous population. Access to water and sanitation improved, but disparities 
between rural and urban areas remain significant. 

5.1.4.  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 

(CEDAW) 

The  latest  periodic  report  from  the  Committee  on  the  Elimination  of  All  Forms  of 
Discrimination  Against  Women  (CEDAW)  was  issued  in  2022  and  based  on  Bolivia’s 
State report submitted for the review in 2019. The Committee welcomed the legislative 
progress achieved in various areas since the last review, such as the establishment of the 
National  Commission  for  Monitoring  Cases  of  Femicide  in  2021  and  the  enactment  of 
Supreme Decree No. 4650 of January 2022, which declares 2022 as the Year of Cultural 
Revolution for Dismantling the Patriarchy: for a Life Free of Violence against Women. 

While the CEDAW noted efforts by the State to improve access to justice for women, it 
raised concerns over the lack of a gender approach in the justice system (including negative 
attitudes towards women reporting violations of their rights), financial, linguistic, physical, 
and geographical barriers to accessing justice faced by indigenous women, Afro-Bolivian 
women and women with disabilities and social and cultural stigma, which deter women 
and girls from registering their complaints. 

Furthermore, CEDAW noted with concern the high incidence of gender-based violence, 
notably femicide and sexual violence, as well as widespread impunity for perpetrators; the 
underrepresentation  of  women  in  decision-making  positions  in  certain  branches  of 
Government, most notably in the executive and the judiciary; and the lack of information 
on measures taken to increase the representation of women in decision-making positions 
in the private sector. The Committee pointed to the lenient penalties in Law No. 243 of 
2012 on Political Harassment and Violence against Women, and the low level of adaptation 
of regulations at the municipal level to comply with that Law.  

(22)  Indicadores de Derechos Humanos en Bolivia, 

http://ddhh.ine.gob.bo/ddhh2016/onu/index.php?r=site/educacion 

Page | 12 

 
 
A  further  concerning  element  was  the  criminalisation  of  abortion  and  challenges  to 
implement Plurinational Constitutional Court Ruling No. 206/2014, which eliminated the 
requirement  of  judicial  authorisation  to  access  legal  abortion,  including  the  lack  of 
knowledge of the ruling, lack of equipment, and the high rate of conscientious objection 
of medical practitioners. 

Discrimination and violence against women and girls, including rape and sexual violence, 
remain a serious problem, and domestic violence against women is also common. In 2021, 
Bolivia was ranked 7th in Latin America and first in South America regarding the number 
of femicides per 100,000 women (23), with an extremely high impunity rate. In 2021 only 
36% of femicide cases obtained a judgement. Cases of violence against women and girls 
take on average three years to investigate, and victims often have to bear the legal fees, 
which discourages women from reporting domestic abuse.  

Furthermore, data on violence against women and girls is scarce. The first national survey 
on the matter was successfully carried out in 2016, with a commitment to undertake a new 
one within the 5 years. When the present report was finalised, the exercise had not been 
launched but the international community has highlighted this in political/policy dialogue 
spaces,  and  cooperation  resources  have  been  engaged  for  supporting  the  survey  under 
bilateral cooperation. 

Women’s participation is uneven across decision-making bodies and especially indigenous 
women are underrepresented in decision-making positions. Given the strong legal parity 
requirements,  the  2020  legislative  elections  marked  a  milestone  for  women’s  political 
participation, with 47% of Parliaments’ Members (62 women out of 130 deputies, and 56% 
of the upper chamber; and 52% of female counsellors at local level). However, women’s 
participation  is  still  low  in  positions  without  quotas,  such  as  in  the  Government,  the 
judiciary and the Foreign Service. 

EU–Bolivia Development Cooperation in Fighting Violence Against Women and Girls 

The  EU  support  includes  a  project  implemented  by  Spain  in  support  of  the  Bolivian’s 
Government administration efforts to achieve greater equality between women and men, and 
through CSOs working on advocacy and support to victims.  

Since  2018  the  EU  has  been  supporting  women’s  political  participation  with  a  successful 
programme implemented by OXFAM (€2 million). Its first phase (2018-2022), advocated for 
the electoral management body to ensure compliance with national parity requirements in the 
2019, 2020 and 2021 elections (which were law compliant for the first time in Bolivia’s history). 
It also supported parity principles in political parties by providing legal assistance to reform 
their  statutes,  helped  to  build  a  critical  mass  of  more  than  500  young  female  leaders, 
strengthened the inter-party platforms of elected women at national and local levels to build 
gender-sensitive agendas to impact on public policies, and implemented advocacy actions for 
more than a hundred male militants through awareness-raising activities on masculinities. It also 
contributed to the fight against political violence on women’s representatives in line with the 
national legislation. A second phase has started in 2022 to consolidate the results achieved with 
political  parties  and  female  leaders  and  help  the  Electoral  Courts  effectively  implement  the 
principles of parity and interculturality. 

(23)  https://oig.cepal.org/es/indicadores/feminicidio 

Page | 13 

 
 
 
5.1.5.  Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or 

Punishment (CAT) 

The  Committee  Against  Torture  issued  its  latest  periodic  report  in  2021  and  expressed 
concern about acts of racially motivated violence during the political and social crisis in 
2019-2020. During that period indigenous women faced attacks, threats, and ill-treatment 
by organised groups,  and  rallying  indigenous  peoples and  campesinos (24) were harshly 
suppressed by the police. The Committee welcomed initiatives taken by Bolivia to revise 
its  legislation  as  well  as  efforts  to  amend  policies  and  administrative  measures  to 
implement the Convention Against Torture.  

The definition of torture in the domestic law is not in conformity with Article 1 of the CAT 
as it neither describes the acts constituting ill-treatment, abuse or torture nor it refers to the 
purpose of the criminal conduct in question. It also fails to cover acts of torture committed 
by, at the instigation of, or with the consent of a person other than a public official who is 
acting  in  an  official  capacity  and  does  not  establish  penalties  commensurate  with  the 
seriousness of the offence.  

The CAT also indicated that fundamental legal safeguards were not guaranteed to persons 
in detention from the very onset of their arrest, including the right to be informed of the 
reasons for the detention and the nature of the charges against them, the right to promptly 
inform  a  family  member  of  their  arrest  and  place  of  detention,  the  right  to  request  and 
obtain immediate access to an independent doctor, and the right to receive free high-quality 
legal assistance in case of need.  

From 2013 to 2021 the Ombudsperson’s Office registered 3,017 cases of torture and cruel, 
inhuman, or degrading treatment in the country, but only a small number of investigations 
and prosecutions into such cases were initiated. A key concern pertains to reports of torture 
and ill-treatment in the armed forces and the lack of transparency in the investigation of 
complaints related to these crimes. 

5.1.6.  Convention on the Rights of the Child (CRC) 

The  Committee  on  the  Rights  of  the  Child  issued  its  concluding  observations  on  the 
combined fifth and sixth periodic report on Bolivia in January 2023 (25). Bolivia’s latest 
State report was submitted to the CRC in April 2019, with an almost four-year delay. 

The  Humanium  Children’s  Rights  Index  for  Bolivia  is  in  the  “red  zone,”  indicating  a 
“difficult situation” regarding children’s rights (26). The 2020 UNICEF report stated that 
the COVID-19 pandemic had affected children’s access  to  food, with  the proportion of 
food insecure households that had only one meal a day increasing from 8% to 34% after 
the start  of the lockdowns, thereby affecting the most  vulnerable children.  In 2021, the 
Committee  on  Torture  was  concerned  about  the  large  number  of  young  and  adolescent 
girls being forced into early marriages or other unions. 

(24)  Farmers from low extraction from the countryside perceived as non-white. 

(25)  https://www.ohchr.org/en/news/2023/01/experts-committee-rights-child-commend-bolivia-pursuit-

more-equal-society-raise  

(26)  https://www.humanium.org/en/bolivia/  

Page | 14 

 
 
Bolivia’s 2019 State report noted progress regarding children’s rights, as reflected in the 
increase  of  the  budget  for  areas  affecting  children.  The  Government  also  stated  that 
UNICEF  and  the  Plurinational  Public  Management  School  had  designed a  training  and 
education  strategy  for  the  Comprehensive  Plurinational  System  for  Children  and 
Adolescents, which aimed to “improve the performance and technical and personal skills 
of  public  officials  working  for  and  with  children  and  adolescents,  decision-making 
authorities and civil society”. 

However, several civil society organisations reported that violations of children’s rights 
had continued despite the comprehensive legal and policy framework and the economic 
growth  before  the  COVID-19  pandemic.  For  example,  exploitation  of  children  in 
prostitution,  sale,  trafficking  of  children  for  sexual  purposes,  sexual  exploitation  of 
children  in  travel  and  tourism,  online  child  sexual  exploitation,  and  early  and  forced 
marriage  are  of  great  concern.  Children  from  rural  areas,  poor  families,  indigenous 
children, LGBTIQ youth and street children are particularly vulnerable to trafficking or 
early and forced marriage. In its latest recommendations, the Committee urged Bolivia to 
undertake effective measures to fight sexual violence in all provinces, especially in rural 
areas, and to adopt a national plan to address and end the sexual exploitation of children, 
especially in mining areas and the tourism industry. 

The  Committee  also  raised  as  a  serious  problem  the  high  and  growing  prevalence  of 
violence against girls and its manifestation in infanticides and sexual violence. It urged 
Bolivia to fully implement legislation to fight infanticide, femicide and violence against 
women, girls and adolescents and combat sexual violence against children. It also asked 
the Bolivian authorities to ensure that all cases of violence against children are duly and 
promptly investigated. 

The Committee  noted improvements in  the compilation of statistical  information  in  the 
Child  and  Adolescent  Information  System  established  by  Decision  No.  071/2016. 
However, it was concerned about the pace of its implementation, the limited information 
currently  available  and  the  lack  of  co-ordinated  and  integrated  system  of  statistics  of 
children, with comprehensive and disaggregated data, indicators, and information about 
the situation of children. 

Conclusions and priorities 

Since 2012, Bolivia has made some progress in human rights by carrying out legislative, 
institutional  and  policy  reforms.  For  instance,  the  Government  has  made  efforts  to 
eradicate poverty, improve access to education, health, food, and housing. However, the 
implementation  of  laws  has  been  lagging,  and  several  challenges  remain.  The  2019 
socio-political  crisis  and  the  COVID-19  pandemic  exacerbated  many  existing 
deficiencies in the protection of human rights. 

While  the  Ombudsperson’s  Office  has  a  wide-ranging  mandate,  its  institutional 
framework  should  be  strengthened  by  ensuring  transparency  in  the  selection  of  its 
directors  and  members  and  providing  necessary  technical,  financial,  and  human 
resources to carry out its mandate effectively.  

Page | 15 

 
A comprehensive and decisive reform of the justice system has not been undertaken. 
The independence of judiciary, limited inter-institutional coordination, corruption and 
lack  of  transparency,  judges  and  prosecutors  without  appointments  for  life,  judicial 
backlog, weak territorial presence, and constraints in service delivery and legal aid are 
of concern. These challenges are exacerbated when it comes to criminal justice, which 
faces  a  longstanding  crisis.  Overcrowding  of  prisons,  excessively  long  pre-trial 
detention, and torture by police forces need to be tackled. The definition of torture in 
the domestic law should be brought in conformity with the Convention Against Torture. 
The  effective  implementation  of  the  Criminal  Code  must  be  pursued,  and  budgetary 
allocation ensured to reduce judicial backlog. 

Freedom of expression and association is also a challenge as allegations of harassment 
and intimidation against human rights defenders and journalists are common. 

Violence against women and girls, including femicides, and sexual violence persist with 
an extremely high impunity rate. There is a need to conduct the second national survey 
to improve collection of data on violence. The Government is committed to tackle these 
issues  and  declared  2022  as  the  “Year  of  Cultural  Revolution  for  Dismantling  the 
Patriarchy: for a Life Free of Violence against Women”. 

Child  labour  and  sexual  violence  against  children  remain  a  challenge,  despite  the 
comprehensive legal and policy framework, an increase of the budget for areas affecting 
children, and raising the legal age to work to 14 years of age in 2018. Furthermore, over 
three years have passed since the latest survey of the population of working children, 
and without an overview of this population group and its working conditions, its rights 
cannot be monitored nor guaranteed.  

In terms of fighting against discrimination,  Bolivia has  made some progress  towards 
gender  equality  in  education,  economic  participation  and  opportunity  and  political 
empowerment.  However,  the  political  representation  of  women  (notably  indigenous 
ones) in decision-making positions and women access to formal employment needs to 
be improved. Discrimination and violence against LGBTIQ persons remain a concern. 

Despite  constitutional  guarantees,  racism  and  discrimination  against  indigenous 
communities  have  remained  common.  Regarding  the  rights  of  indigenous  people, 
Bolivia  does  not  have  a  legal  framework  to  guarantee  their  right  to  prior,  free,  and 
informed consent related to projects that may affect their territories, way of life and their 
culture.  

Page | 16 

 
 
5.2.  ILO Labour Rights Conventions (Conventions 8-15) 

5.2.1.  Freedom of Association and Collective Bargaining (Conventions No. 87 and No. 

98) 

Several amendments of the General Labour Law of 1942 and other laws are required to 
effectively  implement  the  ILO  Convention  No.  87  on  Freedom  of  Association  and 
Protection of the Right to Organise. For instance, provisions concerning the exclusion of 
agricultural workers (27) from the scope of the General Labour Law; the denial of the right 
to organise to public servants (28) and the excessive requirement that 50% of all workers 
in an enterprise are needed to establish a trade union. In relation to ILO Convention No. 
98 on the Right to Organise and Collective Bargaining, extending the right to organise to 
agricultural  workers  and  public  servants  would  also  give  them  the  right  to  bargain 
collectively. Moreover, fines envisaged in the law for acts of anti-union discrimination or 
interference should be updated and a constructive dialogue would be welcomed to identify 
the necessary reforms and to ensure that workers can freely establish the organisations of 
their  own  choosing,  even  without  the  authorisation  of  a  higher-level  trade  union 
organisation. 

The  Bolivian  Constitution  establishes  the  right  of  all  workers  to  organise  in  unions  in 
accordance  with  the  law.  It  has  been  several  years  since  the  Bolivian  Government 
announced a preparation of a new Labour Code bill and a Public Servant bill, but there has 
been no progress in this area. 

Trade unions are active in Bolivia, at the sectoral, territorial, and national level. The Central 
Obrera Boliviana (COB), the largest trade union in the country, enters negotiations with 
the Government  regarding  salary increases.  In  its  reports  the  International  Trade Union 
Confederation  (ITUC)  pointed  at  measures  taken  to  limit  trade  union  activity,  e.g., 
preventive detentions of trade union leaders. (29) 

(27)  Important to note that the General Labour Law applies also to agricultural workers, who are entitled to 
freely associate and collectively bargain if there is an employer-employee relationship (e.g., farmers and 
a private company). However, it is commonplace for them to work under the “piecework” (trabajo a 
destajo) modality, in which case there is no employer-employee relationship, hence no right (nor need) 
to freely associate and collectively bargain.   

(28)  The Law No. 2027 of 1999 on the Statute of the Public Official neither provides effective rights to public 
servants to freely associate and collectively bargain, nor layoff payment settlement. The right to legally 
challenge unjustified dismissal is reserved only to career officials.  

(29)  There is one active case against Bolivia at the ILO Committee on Freedom of Association (CFA):The 
complainant organisation alleges that the Ministry of Labour illegally revoked decisions recognizing the 
leadership  and  the  union  leave  entitlement  of  leaders  of  trade  unions  belonging  to  the  Departmental 
Federation of Oil Workers of Santa Cruz (FDTPSC) and that, after the decisions had been revoked, acts 
of  anti-union  persecution  and  discrimination  were  carried  out  against  members  and  leaders,  such  as 
dismissals and disciplinary proceedings. The CFA adopted an interim report in October 2022 requesting 
the  Government to initiate constructive  dialogue with all the concerned parties and to respond to the 
discrimination 
allegations 
https://www.ilo.org/dyn/normlex/en/f?p=1000:50002:0::NO:50002:P50002_COMPLAINT_TEXT_ID
:4313450 There are also two cases that still require follow-up actions (both of 2017) alleging restrictions 
on  the  right  to  strike  in  the  healthcare  sector  and  anti-union  practices  Case  No  3288  (Bolivia 
(Plurinational State of)) - Complaint date: 02-JUN-17 Bolivian Central of Workers (COB) and Case No 
3285 (Bolivia (Plurinational State of)) - Complaint date: 28-APR-17. 

persecution 

anti-union 

acts 

and 

of 

of 

Page | 17 

 
 
5.2.2.  Abolition of Forced Labour (Conventions No. 29 and No. 105) 

In relation to ILO Convention No. 29 on Forced Labour, the Comprehensive Law No. 263 
of  2012  against  Trafficking  and  Smuggling  of  Persons  provides  the  framework  for 
combatting  human  trafficking  through  its  prevention,  support  to  victims,  national  and 
international cooperation, and punishment of perpetrators. In addition, in May 2022, the 
Government  adopted  the  2021-2025  Plurinational  Policy  against  Trafficking  and 
Smuggling  in  Persons.  The  National  Assembly  of  Bolivia  approved  in  March  2022  the 
ratification of Protocol 29 of 2014, which updates the Forced Labour Convention. 

Bolivia is considered as a source of victims being trafficked within the country for sexual 
and labour exploitation. Indigenous women are victims of forced prostitution in areas of 
major  investment  projects  and  forced  labour  has  affected  particularly  indigenous 
communities.  Bolivian  nationals  also  become  victims  of  trafficking  to  other  Latin 
American  countries.  In  2021,  785  cases  of  human  trafficking  and  related  crimes  were 
submitted before the judicial authorities, while 661 were recorded in 2019, indicating an 
increase  in  comparison  to  pre-pandemic  levels.  Along  this  vein,  the  Ombudsperson’s 
Office  alerted  in  September  2022,  that  its  registered  complaints  were  increasing 
rapidly (30). 

Services for victims of trafficking are underfunded and the Government relies on NGOs, 
international donors and other partners to provide safe accommodation and other services. 
Constraints in access to justice and the conduct of proceedings impede to tackle effectively 
human  trafficking  and  forced  labour.  To  address  the  problem,  the  establishment  of 
specialised  prosecutor’s  offices  was  announced  in  2020  and  Bolivia  has  specialised 
prosecutors in all its nine departments. Moreover, tailored training courses were provided 
to new specialised prosecutors, police officers and other officials. 

The Government’s report due in 2021 on the application of Convention No. 29 was finally 
submitted  in  October  2022.  The  ILO’s  Committee  on  Application  on  Conventions  and 
Recommendations (CEACR) should examine it by end 2023 and the assessment will be 
published February 2024. In line with the CEACR’s request (31), the Government should 
strengthen its  efforts to  ensure that all persons who engage in  trafficking  are subject  to 
prosecutions and that effective and dissuasive penalties are imposed.  

Steps have been taken to tackle forced labour and trafficking, through the recruitment of 
labour  inspectors  and  other  staff  in  regional  offices,  the  provision  of  training  and 
equipment,  labour  inspections  in  workplaces,  notably  in  regions  known  for  the  use  of 
forced labour, training of prosecutors and police officers, the development of information 
materials, and others. However, in the recent years there was a regression in the number of 
inspections carried out in priority areas where forced labour is present.   

(30)  https://www.defensoria.gob.bo/noticias/defensoria-del-pueblo-advierte-un-incremento-de-casos-de-
trata-y-trafico-de-personas-y-convoca-a-las-autoridades-a-reforzar-la-lucha-contra-este-delito  

(31) https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_

COUNTRY_ID:4123755,102567 (page 337). The Committee stated that, in its previous annual reports, 
the Public Prosecutor had indicated that 701 cases of trafficking had been registered in 2016 and 563 
cases in 2017, but that no information was available on the number of persons convicted or judicial 
decisions handed down. 

Page | 18 

 
 
5.2.3.  Minimum Age for Work and Worst Forms of Child Labour (Conventions No. 138 

and No. 182) 

In its report adopted in 2021, the ILO’s CEACR noted that the Bolivia’s State report due 
in 2021 about implementation of Conventions No. 138 on Minimum Age and No. 182 on 
the  Worst  Forms  of  Child  Labour  had  not  been  submitted (32),  but  the  reports  for  both 
conventions were subsequently submitted in 2022. 

Child  labour  is  prominent  in  Bolivian  society  despite  the  declaration  in  2018  by  the 
Constitutional  Court  that  the  provisions  of  the  Code  for  Children  and  Young  Persons 
allowing  to  decrease  the  minimum  age  for  the  admission  to  work  below  14  years  are 
unconstitutional (33). The main concerns relate to the absence of comprehensive policies 
to eradicate child labour and the weakness of labour inspection services. The last national 
survey was conducted in 2019 and there is also scarcity of accurate data. According to that 
survey, in 2019, around 24% of children between 5 and 17 years of age, namely 724,000, 
were  engaged  in  some  kind  of  labour  activity  or  work (34).  Data  collected  by  UNICEF 
pointed to a child labour rate of 14% in 2019 (35). 

In  relation  to  minimum  age  for  work,  legislative  amendments  are  needed  to  permit 
participation  in  apprenticeships  only  for  persons  above  14  years  of  age,  i.e.,  above  the 
minimum  age  of  admission  to  employment.  The  legislation  in  Bolivia  does  not  require 
employers to keep registers of employed persons aged under 18. This is not in line with 
Convention No. 138.  

According to the Bolivian legislation and in line with the Convention No. 182, hazardous 
work is  not  allowed for employed persons under 18 years of age. However, in  practice 
major enforcement problems persist. There were reports about children and adolescents 
working in sugar cane and nut harvesting, often jointly with their parents and in hazardous 
conditions, using machetes and working long hours. Likewise, children were identified as 
working  in  the  mining  sector,  many  of  them  in  hazardous  conditions,  including  the 
exposure to chemicals used in the industry. Reports also pointed to a high risk of child 
labour and forced labour among  indigenous peoples, and the risk of children becoming 
victims  of  trafficking  for  prostitution  and  forced  labour  in  mines,  domestic  work  and 
agriculture. The Government does not have a system in place to track data on forced child 
labour,  commercial  sexual  exploitation  of  children,  or  engagement  of  children  in  illicit 
activities. The Ministry of Labour, Prosecutor's Office, and the Ministry of Justice do not 
have a consolidated database or systematised records of the number of violations found 
related to child labour. 

(32) 

https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID,P1
3100_COUNTRY_ID:4124165,102567 

(33)  This was noted by ILO CEACR in 2021 which requested the Government to take measures to amend 
the 
See 
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_
COUNTRY_ID:4124591,102567  

accordingly. 

Children 

Persons 

Young 

Code 

and 

for 

(34)  https://www.ine.gob.bo/index.php/estadisticas-sociales/empleo-mercado-laboral/enna-cuadros-

estadisticos/  

(35)  UNICEF Child labour Table: last updated in May 2022. In the latest available data from the World Bank, 
in  2018  the  net  enrolment  rate  for  secondary  school  amounted  to  only  77%,  which  illustrated  the 
dimension of the problem. https://data.worldbank.org/indicator/SE.SEC.NENR?locations=BO 

Page | 19 

 
 
The Government, in cooperation with NGOs and international partners, has implemented 
educational programmes in the mining regions and sugar cane cultivation areas and among 
indigenous  communities,  provided  vocational  training  for  working  children  and  young 
persons,  and  economic  alternatives  for  their  families,  and  conducted  awareness  raising 
campaigns. It has also launched an initiative promoting companies which would not use 
child labour and signed a tripartite agreement with employers and workers in the nut sector, 
including  a  clause  prohibiting  the  use  of  child  labour.  Bolivia  also  pursued  regional 
cooperation,  signing  a  bilateral  agreement  with  Chile  on  combating  the  worst  forms  of 
child  labour,  and  exchanging  experience  on  conditional  cash  transfer  programmes  with 
Brazil, Paraguay, and Ecuador. 

5.2.4.  Equal Remuneration and Elimination of Discrimination (Conventions No. 100 and 

No. 111) 

Article 48 of the 2009 Constitution of Bolivia makes a reference to equal remuneration for 
work of equal value, in line with the ILO Convention No. 100 on Equal Remuneration. A 
draft implementing provision has been included in the amendments to the General Labour 
Law under preparation, but the adoption of the bill was still pending when this report was 
finalised. 

Regarding  ILO  Convention  No.  111  on  Discrimination  (Employment  and  Occupation), 
both  the  2009  Constitution  and  Law  No.  45  of  2010  against  Racism  and  All  Forms  of 
Discrimination  enumerate  prohibited  grounds  of  discrimination,  listed  also  in  that  ILO 
Convention. Moreover, Supreme Decree No. 0213 of 2009 establishes the right of every 
person  not  to  be  discriminated  against  in  any  selection  or  recruitment  procedure  in  the 
public and private sectors. 

In 2015, around 55% of the female population aged 15+ was economically active. This 
rate increased to slightly above 71% in 2021. For men, this share increased from 80% in 
2015 to almost 85% in 2021 (36). The unemployment rate among women grew from 3.8% 
in 2015 to 5.7% in 2021 and among men, from 2.6% in 2015 to 4.6% in 2021 (37). The 
difference in labour activity rates is related to the traditional division of responsibilities 
between men and women and the role of the latter in the family and household.  

There is a need for further efforts to address discrimination and inequality in the labour 
market,  e.g.,  through  more  gender-neutral  recruitment  procedures,  and  the  provision  of 
advisory services and training for women to increase their resilience and opportunities in 
the labour market (38) at a time when many simple processes often carried out by female 
workers become automated. There is also a need to address violence against women and 
to support redistribution of care responsibilities between men and women, families and the 
State. Bolivia records the highest level of physical and sexual violence against women in 
Latin America. No progress has been identified in the reporting period (39).  

(36)  https://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS?locations=BO  
(37)  https://data.worldbank.org/indicator/SL.UEM.TOTL.MA.NE.ZS?locations=BO  
(38)  CEACR 
equality 

”Achieving 
https://www.ilo.org/ilc/ILCSessions/111/reports/reports-to-the-conference/WCMS_870823/lang--
en/index.htm  

General 

Survey 

gender 

at 

work”: 

(39)  Some procedural reforms should be noted: Law 1173 of 2019 on Shortening Criminal Procedure and 
Strengthening the Comprehensive Fight against Violence against Children, Adolescents and Women and 
Supreme Decree Nº 2145, de 14 October 2014, amending Law Nº 348 “Integral Law to ensure women 
a life free of violence” and the Ministerial Resolution 196/21 of 2021 regulates the procedure for dealing 
with complaints of workplace harassment and sexual harassment of women in the workplace and the 
adoption of protection measures. 

Page | 20 

 
 
In 2022, Bolivia ranked 51st out of 146 countries in the Global Gender Gap Index with the 
overall  score  0.734  and  with  scores  being  relatively  lower  for  political  empowerment 
(0.352)  and  economic  participation  and  opportunity  (0.642)  and  better  for  educational 
attainment (0.980) and health survival (0.962) (40). 

Conclusions and priorities 

Despite some positive legislative reforms in the last few years, major concerns about the 
labour  rights  situation  in  Bolivia  remain,  notably  regarding  freedom  of  association, 
collective  bargaining  and  child  labour  and  these  should  be  addressed  as  a  matter  of 
priority. 

In the reporting period, Bolivia has not made progress to fully align its legislation to 
Conventions No. 87 and No. 98 on freedom of association and the right to collective 
bargaining. There is a need for an effective social dialogue between the Government, 
employers’  and  workers’  representatives  to  agree  on  the  amending  provisions  to  the 
General Labour Law of 1942 (among others to grant agricultural workers and public 
servants  effective rights  to  freely  associate  and collectively  bargain), the  adoption of 
which  is  pending  for  several  years.  There  were  also  reports  regarding  preventive 
detentions of trade union leaders and discrimination against them as well as different 
interference activities. Further efforts are needed to align the relevant legislation notably 
regarding fines for those involved in such actions.  

The  Bolivian  Government  has  made  progress  in  addressing  human  trafficking  and 
forced labour, with the latest edition of the Plurinational Policy against Trafficking and 
Smuggling in Persons adopted in May 2022. Steps have also been taken to tackle both 
phenomena in practice, through the recruitment of additional labour inspectors and other 
staff in nine regional prosecutors’ offices and providing training and equipment notably 
for prosecutors and police officers. More needs to be done to ensure the identification 
of and support to victims, and the prosecution and conviction of perpetrators of human 
trafficking.  Moreover,  the  enforcement  services  need  further  staff,  equipment, 
resources,  and  training  to  be  able  to  conduct  effective  mobile  inspections  and  other 
activities.  

Child labour has continued to be a prominent feature in Bolivian society and increased 
notably during the COVID-19 pandemic. Elements of a policy framework have been 
adopted, including goals related to elimination of child labour and its worst forms. The 
Government has also taken steps, in cooperation with NGOs and international partners, 
to address child labour by education programmes, awareness raising, labour inspections, 
promoting  businesses  not  using  child  labour  and  providing  alternative  economic 
opportunities for poor families. The data from consecutive child labour surveys suggests 
a reduction in the number of children engaged in economic activity and hazardous work; 
however, further efforts and a holistic approach, including proper records and controls, 
are needed to achieve the goal of eradicating child labour by 2025. 

(40)  The Global Gender Gap Index measures gender equality based on the relative gaps between women and 
men.  The  scores 
(1  complete  equality); 
(complete 
https://www3.weforum.org/docs/WEF_GGGR_2022.pdf.  In  comparison  to  2018,  in  2022  Bolivia 
slightly improved the scores on economic participation and empowerment, educational attainment and 
worsened 
empowerment; 
on 
https://www3.weforum.org/docs/WEF_GGGR_2018.pdf. 

range  between  0 

inequality)  and 

political 

survival 

health 

ones 

and 

and 

the 

on 

Page | 21 

 
 
Attention  should  also  be  paid  to  maintaining  an  effective  labour  inspection  system, 
notably in relation to child labour and forced labour and collection of accurate data. In 
the past years there was a regression in the number of inspections carried out in priority 
areas where forced and child labour are present.  

Bolivian  authorities  have  made  some  progress  regarding  gender  equality  and  non-
discrimination by adopting secondary legislation and policy documents regulating the 
rights of and support for women, persons with disabilities, and parents of young children 
on  the  labour  market.  However,  detailed  legislation,  which  would  implement  the 
principles of equal pay for work of equal value, has not been adopted yet. Progress has 
been  achieved  in  reducing  the  gender-based  wage  gap  and  in  encouraging  women’s 
participation in the labour market. However, further efforts are required to improve their 
situation, including reducing the level of violence against women. 

5.3.  UN  Conventions  on  Environmental  Protection  and  Climate  Change 

(Conventions 16-23) 

Bolivia  is  among  the  15  most  biodiverse  countries  globally.  Environmental  Economic 
Valuation  allows  assigning  quantitative  values  to  the  goods  and  services  provided  by 
natural resources. Bolivia's contribution to this valuation is more than USD 10,000/hectare 
a year, one of the highest rates in the world. Bolivia is also highly vulnerable to the impacts 
of climate change, notably in the water supply cycle because of glacier melting and due to 
the  country’s  rugged  topography,  which  enhances  the  vulnerability  from  heavy  rains, 
floods, and landslides.  

in 

The  Government  has  underlined  the  balance  between  human  life  and  the  natural 
framework (41).  Nevertheless, 
the 
regulatory 
environment 
implementation  of  commitments  under 
international  environmental  and  climate 
conventions  has  been  slow  and  reconciling  the  environmental  protection  and  economic 
growth remains challenging. 

institutional  and 

Environment and climate change for inclusive economic development are priority areas 
for  the  EU’s  partnership  with  Bolivia  during  2021-2027,  including  the  support  for 
conservation,  restoration,  governance  and  sustainable  management  and  use  of  natural 
resources, biodiversity and ecosystems, including forests.  

5.3.1.  Convention  on  International  Trade  in  Endangered  Species  of  Wild  Flora  and 

Fauna (CITES) 

Bolivia’s annual reports to CITES are up to date and the legislation is classified  by the 
CITES Convention as category 1, which means that it generally meets the requirements of 
the  Convention.  The  country  submitted  the  annual  report  for  2020  on  time  but  the 
submission  of  Illegal  Trade  Reports  for  the  years  2015-2020  is  pending  and  the  last 
biennial report submitted pertains to 2014-2015. There has been no progress in this area 
during the reporting period, however the Government is working with a range of NGOs to 
produce an update. 

(41)  See 

on 

the 

Law 

2010 

https://www.climate-
laws.org/geographies/bolivia/laws/the-rights-of-mother-earth-law  and  the  2012  Framework  Law  on 
Mother 
https://www.climate-
laws.org/geographies/bolivia/laws/the-mother-earth-law-and-integral-development-to-live-well-law-
no-300 

Integral  Development 

Living  Well 

the  Rights 

of  Mother 

Earth 

Earth 

and 

for 

Page | 22 

 
 
 
In April 2021, the President issued Supreme Decree No. 4489 for the protection of wildlife. 
The Decree aims at ensuring the well-being, conservation, and preservation of wildlife, 
respecting its right to live freely and reproduce in its natural environment. It also empowers 
the  Ministry  of  Environment  and  Water  to  establish  regulations  regarding  the  use  of 
wildlife and implement programmes or projects to combat illegal wildlife trafficking (42). 

In October 2020, Bolivia launched the National Jaguar Action Plan 2020-2025. Bolivia is 
on the top of the list of countries with annual jaguar mortalities caused by poaching. The 
country also had the highest annual averages of seized or illegally traded specimens (43). 

5.3.2.  Waste  Conventions:  Basel  Convention  on  the  Control  of  Transboundary 
Movements  of  Hazardous  Wastes,  and  Stockholm  Convention  on  Persistent 
Organic Pollutants (POPs) 

There have been no notable developments in the implementation of the Basel Convention 
since 2020. There is no progress towards establishing a national definition of hazardous 
wastes in Bolivia.  

Bolivia  ratified  the  Stockholm  Convention  in  2003  and  has  submitted  three  national 
reports, the last one in August 2022. Bolivia’s second National Implementation Plan (NIP) 
of the Stockholm Convention, finalised in 2019, is not available in the public domain and 
the progress towards its approval is not known. UN Environment Programme (UNEP) has 
been preparing a project for institutional strengthening to support the implementation of 
the NIP, but Government’s buy-in of the project appears uncertain. 

Progress  towards  the  implementation  of  the  law  on  integrated  management  of  waste 
remains  slow.  This  is  concerning  given  the  vast  problem  of  waste  management  from 
industrial, mining, agricultural and household sources and the release of persistent organic 
pollutants  such  as  dioxins  and  furans  from  waste  burning.  There  are  also  examples  of 
incoherent regulations. For example, the list of forbidden pesticides (2015) as notified by 
the Ministry of Environment contains fewer than 20 entries whereas the list notified by the 
National Service of Agricultural Sanitation and Food Safety’s National Unit of Vegetable 
Sanitation contains over 2,000 such products. Overall, pesticide use is one of the largest 
toxicological problems in Bolivia. 

5.3.3.  Convention on Biological Diversity (CBD) and Cartagena Protocol on Biosafety 

In the reporting period, Bolivia has been implementing an updated Policy and Strategy for 
the Integral and Sustainable Management of Biodiversity and Action Plan 2019-2030. In 
June  2021,  it  repealed  a  decree  which  permitted  an  uncontrolled  use  of  genetically 
modified  seeds  for  five  crops:  corn,  soy,  wheat,  sugar  cane  and  cotton,  arguing  that  it 
threatened both food security and biodiversity.  

(42)  At the date of finalisation of this report, no legal acts have been adopted. The proposed National Condor 
Law was unanimously approved in the Senate in early October 2022, but unfortunately was temporarily 
held  up  in  the  lower  house  in  February  2023.  This  is  relevant  for  illegal  wildlife  trafficking  (IWT) 
regulations  because  one  of  the  additional  clauses  proposes  that  IWT  is  recognised  as  a  crime  with 
resulting modification to the penal code. 

(43)  https://cites.org/sites/default/files/articles/CITES_Study_on_Illegal_Trade_in_Jaguars%20.pdf   

Page | 23 

 
 
The Government has placed significant emphasis on sustainable forest management under 
the second Nationally Determined Contribution to the Paris Agreement and has joined the 
Coalition on Lowering Emissions by Accelerating Forest finance (LEAF) to protect the 
world’s tropical forest to fight climate change and biodiversity loss and halt deforestation 
by financing large scale tropical forest protection.  

Bolivia  is  currently  preparing  the  Fourth  National  Biosafety  Report  to  the  Cartagena 
Protocol on Biosafety to the CBD, with support from UNEP and funding from the Global 
Environment Facility.  

5.3.4.  Conventions on Climate Change and Protection of the Ozone Layer (44) 

While  Biennial  Update  reports  remain  overdue,  in  April  2022,  Bolivia  submitted  the 
second Nationally Determined Contribution (NDC) under Paris Agreement and committed 
to the preparation of a National Adaptation Plan and a National Mitigation Strategy and in 
the meantime reflected this NDC in the National Economic and Social Development Plan 
2021-2025. 

The updated NDC  focuses  on integrating mitigation  and adaptation  actions (45). To this 
end, it concentrates on sustainable forest management and pledges to increase the gain in 
forest cover by one million hectares by 2030. This will be delivered in conjunction with 
declarations to reduce deforestation to 80% by 2030 as compared to 2020 (46).  

Bolivia still refrains from setting national targets for emissions reduction; it  maintains  that 
developed  countries  that  have  caused  the  climate  crisis  have  to  carry  the  climate  debt. 
Mitigation goals are based on the transition to a renewable energy-based electricity sector 
and  improved  energy  efficiency.  Specifically,  the  NDC  aims  for  79%  of  the  energy 
consumption to come from renewable energy by 2030, up from 37% in 2020. It is unclear, 
however,  how  these  goals  will  be  implemented.  The  NDC  notes  that  although  the 
development of renewable energy is to be done through domestic efforts, the achievement 
of the targets  could  be accelerated with  international  cooperation;  the  EU has provided 
support in this regard. Bolivia has identified that for the fulfilment of the goals established 
in  the  updated  NDCs,  50%  of  the  necessary  funding  should  come  from  international 
cooperation resources. 

With regard to ozone-depleting substances (ODS), Bolivia ratified the Kigali Amendment 
in October 2020; this is not a requirement under the GSP+ but indicates progress in terms 
of the effective implementation of the Montreal Protocol. Furthermore, the Government 
issued regulations in 2021 setting the targets of phasing out hydrofluorocarbons (HFC) to 
20%  by  2045 (47),  and  in  February  2022  prohibited  the  use  of  aerosol/spray  foams 
containing hydrochlorofluorocarbons (HCFC) (48). 

(44)  United  Nations  Framework  Convention  on  Climate  Change,  Kyoto  Protocol  to  the  United  Nations 
Framework  Convention  on  Climate  Change,  and  Montreal  Protocol  on  Substances  that  Deplete  the 
Ozone Layer. 

(45)  In the 2021 Global Climate Risk Index, Bolivia ranked as the 10th most vulnerable country to climate 

change in 2019. 

(46)  Bolivia has recorded consistently high rates of loss of primary forests between 2019 and 2021, with fires 
accounting for over a third of the loss each year; in 2021, Bolivia ranked third for most primary forest 
loss among tropical countries. 

(47)  Resolucion 

Administrativa 

VMABCCGDF 

http://snia.mmaya.gob.bo/web/modulos/CGO/  

(48)  Resolucion 

Administrativa 

VMABCCGDF 

No 

No 

http://snia.mmaya.gob.bo/web/modulos/CGO/  

023/2021; 

available 

011/2022; 

available 

at 

at 

Page | 24 

 
 
Conclusions and priorities 

Bolivia has taken policy and regulatory measures to advance the implementation of its 
commitments under the international environmental and climate conventions. However, 
effective implementation remains deficient. A particular challenge in recent years, until 
the current Government came into power, was the lack of political support for nature 
conservation.  

Regarding the UN conventions on climate change, Bolivia submitted the second NDC 
in  April 2022 and committed to  the preparation of a National  Adaptation Plan and a 
National Mitigation Strategy to support the implementation of the NDC. Bolivia has set 
ambitious targets for decarbonisation of energy consumption by 2030, but  it remains 
unclear how these targets will be achieved. 

EU support during 2021-2027 for sustainable use and conservation of biodiversity and 
forests could be key to meeting the targets of the NDC and delivering the twin benefits 
of  addressing  climate  change  and  biodiversity  conservation.  There  is  also  a  scope  to 
extend support to the area of renewable energy.  

5.4.  UN Conventions on Good Governance (Conventions 24-27)  

5.4.1.  International Drug Control Conventions (49) 

Bolivia is the third-largest  cocaine-producing  country in  the world  (after Colombia and 
Peru). The monitoring report of 2022 of the UN Office on Drugs and Crime (UNODC) 
covering  2021  confirmed  the  tendency  of  the  increase,  but  a  much  slower  rate,  of  the 
number of hectares devoted to coca crops up to 30,500 ha (50).  

According  to  the  International  Narcotics  Control  Body’s  (INCB),  in  2021  Bolivia  has 
complied  with  all  reporting  requirements  under  the  three  Drug  Control  Conventions 
although with some delays caused by the 2019-2020 COVID-19 pandemic, the political 
crisis and institutional instability in the country.  

In January 2021 Law No. 1358 (which modifies Law No. 913 of 2017 on the Fight Against 
Illicit Trafficking of Controlled Substances) introduced the Comprehensive Policy Council 
for the Elimination of Illicit Traffic in Controlled Substances, Excess Coca and Prevention 
of Drug Consumption  and replaced the previous  National  Council for the Fight against 
Illicit Drug Trafficking as the body that approves, monitors, and evaluates Bolivia’s drug 
control policies.  

The  current  Strategy  against  Illicit  Trafficking  of  Controlled  Substances  and  for  the 
Control of the Expansion of Coca Cultivation 2021-2025 was approved on 30 April 2021. 

(49)  UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971) 
UN  Convention  against  Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic  Substances  (1988).  To  be 
noted that after leaving the 1961 Single Convention on Narcotic Drugs in 2012, Bolivia re-acceded in 
2013  with  a  reservation  permitting  coca  to  be  used  within  its  national  territory  for  traditional  and 
medicinal purposes while committing to “control the cultivation of coca in order to prevent its abuse and 
the illicit production of the narcotic drugs which may be extracted from the leaf”. 

(50)  Considering  the  regional  context  of  general  increase  of  coca  production  Bolivia  can  be  seen  as  an 

example of contention. 

Page | 25 

 
 
 
Bolivia is also an important transit country for illegal drugs, notably cocaine from Peru 
and  cannabis  from  Paraguay.  During  the  COVID-19  pandemic,  smuggling  by  boat  has 
become more important in addition to the traditional transit via road and small airplanes.  

Regarding seizure, destruction, and validation by type of substance, in 2021, the Special 
Force to Fight Drug Trafficking (La Dirección General de la Fuerza Especial de Lucha 
Contra el Narcotráfico) and the Public Prosecutor's Office seized, deposited in evidence 
rooms, and destroyed 19.3 tonnes of cocaine and 11.1 tonnes of marijuana for sale (51). For 
the first time Bolivia has seized and destroyed synthetic drugs, which might represent an 
increasing share in the future. 

UNODC considers that destructions of illicit drugs in Bolivia in 2022 were “performed 
with significant levels of transparency, safely and in compliance with legal standards”. As 
results  from  the  2021  UNODC  report  on  monitoring  and  eradication  of  coca  crops, 
published in November 2022, the current tendency shows a rise in the number of hectares 
outside the legal limits of coca crops. Eradication of illegal coca crops has also been on the 
rise.  

EU–Bolivia Development Cooperation on Good Governance 

The EU is Bolivia’s largest donor in the fight against drugs. The MIP 2017-2020 earmarked €50 
million for the fight against illicit drugs and control of surplus coca cultivation. The MIP 2021-
2027 also places emphasis on support in the fight against corruption and illicit drug trafficking 
as  one  of  the  two  sectors  in  Priority  area  Governance  and  Human  Rights,  including  justice 
reform, rule of law and, democracy and elections which amounts for €14 million until 2024. 

Specifically,  the  planned  initiatives  aim  at  addressing  “key  challenges  in  the  fight  against 
corruption,  such  as  the  fragmented  legal  and  policy  framework,  weak  State  institutions  and 
procedures, poor enforcement capacities, both at institutional and judicial levels, and limited 
access to information”. 

The EU is currently supporting the Unit against Financial Crimes to meet the recommendations 
of the Financial Action Task Force of Latin America (GAFILAT). Additionally, there is a future 
pilot  project  on  corruption  within  FELCN  (Police  against  Narcotics)  that  is  expected  to  be 
implemented by UNODC in 2023.  
EU supports justice reform along with Spain through a €3 million programme and a €1 million 
project together with NGO Fundación Construir on Access to Justice.  

5.4.2.  UN Convention against Corruption (UNCAC) 

The  Bolivian  Government  has  complied  with  all  notification  requirements  established 
under the UNCAC and has also contributed with voluntary information to several of the 
UNCAC working and expert groups, especially on prevention – presenting an active role 
in the Convention’s implementation. 

(51)  https://www.unodc.org/brulo/en/news/unodc-bolivia-final-report-drugs-2021.html  

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Bolivia was evaluated by UNCAC in the first review cycle (2010-2015) on criminalisation 
and law enforcement and on international cooperation (52), and is being assessed under the 
second review cycle (initially scheduled for 2015-2020 but extended to 2024), with a focus 
on preventive measures and asset recovery. Some peer-review findings have already been 
published by the reviewing  Committee (53) issuing  a series  of recommendations for the 
Bolivian Government, namely to: ensure that the recruitment of all public officials is based 
on objective criteria; establish objective and predetermined criteria for public procurement 
decisions;  endeavour to  adopt  systems  for the declaration and management  of potential 
conflicts  of  interest  and  for  the  identification  of  public  positions  considered  especially 
vulnerable to corruption, and to adopt adequate procedures for the selection and training 
of individuals for such positions; and continue efforts to achieve the adoption by all public 
entities of codes of ethics or conduct. 

In accordance with the Law No. 974 of September 2017 on the Units of Transparency and 
the Fight Against Corruption (54), in March 2018 the Ministry of Justice and Institutional 
Transparency implemented an information system (55) that would make available to the 
public: (i) an information system dedicated to public entities’ data and (ii) a transparency 
portal  which  handles  complaints  on  possible  corruption  acts.  Citizens  are  entitled  and 
encouraged to report acts of corruption through an electronic form provided in this portal, 
or by email (56). 

Law No. 1390 of 27 August 2021 on Reinforcing the Fight Against Corruption that aims 
to strengthen the mechanisms and procedures established by the Law No. 004 of 31 March 
2010 on the Fight Against Corruption, Illicit Enrichment, and Investigation of Fortunes 
and  by  the  Penal  Code  and  the  Code  of  Criminal  Procedure,  intended  to  investigate, 
prosecute and punish acts of corruption committed by public servants in the exercise of 
their functions, as well as other persons that compromise or affect resources of the State.  

(52)  The first review concluded that Bolivia had carried out major legislative and institutional reforms that 
demonstrated that the country’s political commitment to combating corruption was yielding results. It 
also recommended further strengthening inter-agency cooperation and collecting and providing better 
statistics and case management and expanding the scope of offences to fully comply with the UNCAC, 
strengthening  law  enforcement  through  a  variety  of  measures,  and  further  improving  international 
cooperation and mutual legal assistance, including through a dedicated law. The peer review findings 
published on the second review commended Bolivia’s establishment of a comprehensive Youth Network 
for Transparency to foster good governance and prevent corruption as well as progress regarding asset 
recovery by instituting inter-agency coordination and developing guidelines for mutual legal assistance 
on corruption matters. It also noted several areas for improvement, including ensuring the independence 
of  anti-corruption  bodies,  more  effective  implementation  of  legal  provisions  aimed  at  preventing 
corruption, better addressing corruption in the private sector, and measures to enhance asset recovery.  

(53)  https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/ 

ExecutiveSummaries2/V2007494e.pdf  

(54)  The Law extended the obligation to create Transparency Units to all public institutions at the central 
state level, as well as to public companies, public-private partnerships, and financial institutions. It also 
required  that  such  permanent  internal  units  were  responsible  for  handling  corruption  investigation 
reports,  investigating  possible  corruption  crimes  and  related  misconduct,  as  well  as  “putting  forth 
fighting  policies.”  https://www.ferrere.com/en/news/bolivia-new-
transparency  and  corruption 
legislation-on-transparency-units/  

(55)  SITPRECO  (Sistema  de  Información  de  Transparencia,  Prevención  y  Lucha  Contra  la  Corrupción) 
encompasses the Mandatory Registry of State Proceedings (ROPE) under responsibility of the Attorney 
General's Office. Its purpose is to assess, take precautions and ensure the exercise of diligent actions 
taken  by  public  agencies’  legal  departments  in  trials  that  are  substantiated  before  the  judiciary.  The 
transparency portal is intended to publish information on transparency and corruption prevention with 
the  actors  involved  and  interact  with  citizens  to  promote  participation  and  social  control 
https://sitpreco.justicia.gob.bo/  

(56)  https://tsj.bo/transparencia/  

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Further intents to combat corruption have been demonstrated through the Government’s 
submission  of  the  draft "Law  for  the  Creation  of  the  Risk  Management  System  for  the 
Prevention and Fight against Corruption" to the parliament. The law aims to complement 
Law No. 004 by creating a preventive system against corruption and to ensure institutional 
transparency, for instance, through controlling and monitoring the management of assets 
and accounts of officials who receive economic resources from the State. This control will 
also apply to private companies that have contracts with public companies. 

While statistics on the implementation of policies and legislation and their enforcement 
are  not  available,  cases  reported  by  the  media,  civil  society  organisations  and  other 
observers indicate persistent corruption in the country, including at high levels. During the 
first quarter of 2022, protests were held in major urban centres over impunity in the judicial 
system in relation to cases of femicide and rape, after allegedly corrupt justice officials 
released those guilty of these crimes. 

Bolivia’s performance in corruption indicators has been uneven since 2012. The country’s 
score in the Transparency International Corruption Perception Index (CPI) decreased from 
around 33/34 points until 2017 (out of 100, indicating no corruption) to 31 in the 2022 CPI 
edition and ranked Bolivia as 126th among 180 countries (57). For more recent years, the 
Index of Capacity to Combat Corruption for 15 Latin American countries puts Bolivia in 
penultimate place, ahead of only Venezuela (58), with particularly low scores for the “legal 
capacity” sub-index, which comprises independence and effectiveness of the judiciary and 
anti-corruption institutions. During 2022, Bolivia experienced its most significant setback 
in  the  categories  of  civil  society  and  media.  The  decline  reflects  how  Bolivian  media 
dedicated  to  conduct  corruption  monitoring  suffers  a  continuous  lack  of  adequate 
resources. A setback of 17% in the category of civil society mobilisation against corruption 
shows the limited impact of NGOs dealing with transparency issues. 

Conclusions and priorities 

Bolivia’s drug regime is quite unique, considering the legal cultivation of coca leaves at 
large scale, while at the same time taking measures to prevent the diversion of authorised 
coca leaf production into illegal channels.  

However, the effectiveness of such measures continues to be insufficient, and Bolivia is 
one  of  the  three  largest  cocaine  producers  in  the  world.  Enforcement  measures  were 
scaled down especially during the political crisis of 2019-2020, but available data for 
2021 indicate a renewed strengthening of enforcement. Domestic drug use is limited, 
and policies have increasingly been focusing on prevention and other demand reduction 
measures.  Further  measures  to  prevent  the  diversion  of  coca  leaves  into  illicit  drug 
markets need to be taken. 

Bolivia has made little progress on anti-corruption, and its scores in corruption indexes 
remain low. Some legislative changes have brought improvements, but enforcement and 
implementation of anti-corruption policies and strategies could be further enhanced. The 
independence  of  key  anti-corruption  agencies  and  the  judiciary  are  limited,  and 
politicisation of anti-corruption measures remains a concern. Progress needs to be made 
in implementing UNCAC recommendations from the two review cycles.  

(57)  https://www.transparency.org/en/countries/bolivia  
(58)  Countries with a higher score are deemed more likely to see corrupt actors prosecuted and punished; 

https://www.as-coa.org/sites/default/files/imce_files/CCC_2023_Report.pdf. 

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ANNEX: BOLIVIA – TREATY RATIFICATION AND REPORTING 

Convention 

Ratification status 
Reservations 

Compliance with reporting obligations to 
monitoring bodies 

Human rights conventions 
1. Convention on the 
Prevention and Punishment of 
the Crime of Genocide 
2. International Convention on 
the Elimination of All Forms 
of Racial Discrimination 
3. International Covenant on 
Civil and Political Rights 

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 
7. Convention on the Rights of 
the Child 
Labour conventions (59) 
8. Convention No. 29 
concerning Forced or 
Compulsory Labour 

9. Convention No. 87 
concerning Freedom of 
Association and Protection of 
the Right to Organise 
10. Convention No. 98 on the 
Application of the Principles 
of the Right to Organise and 
to Bargain Collectively 
11. Convention No. 100 on 
Equal Remuneration of Men 
and Women Workers for 
Work of Equal Value 
12. Convention No. 105 
concerning the Abolition of 
Forced Labour 

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

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

Ratified: 14.06.2005 
No reservations 

No reporting obligations 

Ratified: 22.09.1970 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 13.03.2019. 

Acceded: 12.08.1982 
No reservations 

Acceded: 12.08.1982 
No reservations 

Ratified: 08.06.1990 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 13.12.2018 
•  Next report due in 2028. 
Compliant with reporting obligations 
•  Last report submitted on 12.03.2019 
•  Next report due on 31.10.2026. 
Compliant with reporting obligations 
•  Last report submitted on 29.08.2019. 
•  Next report due in July 2026. 

Ratified: 12.05.1999 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 11.02.2019. 
•  Next report due on 03.12.2025. 

Ratified: 12.06.1990 
No reservations 

Compliant with reporting obligations 
•  Last report submitted on 15.04.2019. 

Ratified: 31.05.2005  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Last report received in 2022. 
•  Next report due in 2024. 

Ratified: 04.01.1965  Compliant with reporting obligations 

•  Latest CEACR comments: 2021  
•  Last report received in 2019. 
•  Next report due in 2023. 

Ratified: 15.11.1973  Compliant with reporting obligations 

•  Latest CEACR comments: 2021  
•  Last report received in 2019. 
•  Next report due in 2023. 

Ratified: 15.11.1973  Compliant with reporting obligations 

•  Latest CEACR comments: 2021  
•  Last report received in 2022. 
•  Next report due in 2025. 

Ratified: 11.06.1990  Compliant with reporting obligations 

•  Latest CEACR comments: 2018 
•  Last report received in 2021. 
•  Next report due in 2024. 

Ratified: 31.01.1977  Compliant with reporting obligations 

•  Latest CEACR comments: 2021  
•  Last report received in 2022. 
•  Next report due in 2025. 

Ratified: 11.06.1997  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Last report received in 2022. 
•  Next report due in 2024. 

(59)  Reservations  do  not  apply  in  the  ILO  system,  so  there  is  no  relevance  to  providing  information  on 

reservations under each of these conventions. 

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Convention 

15. Convention No. 182 
concerning the Prohibition and 
Immediate Action for the 
Elimination of the Worst 
Forms of Child Labour 
Environmental conventions 
16. Convention on 
International Trade in 
Endangered Species of Wild 
Fauna and Flora 

17. Montreal Protocol on 
Substances that Deplete the 
Ozone Layer 

18. Basel Convention on the 
Control of Transboundary 
Movements of Hazardous 
Wastes and their Disposal 

Ratification status 
Reservations 

Compliance with reporting obligations to 
monitoring bodies 

Ratified: 06.06.2003  Compliant with reporting obligations 

•  Latest CEACR comments: 2021. 
•  Last report received in 2022. 
•  Next report due in 2024. 

Ratified: 06.07.1979 
No reservations 

Lack of compliance with reporting 
obligations 
•  Last (2021) Annual Report not submitted.  
•  2020 report submitted on 15.10.2021; 2016-

2019 reports also submitted. 
•  Next (2022) Annual Report due 

31.10.2023. 

•  No Annual Illegal Trade Reports submitted 

from 2016 to date. (60) 

•  Biennial or Implementation Reports lagging 
behind: (61) Last two (2012-13 & 2014-15) 
IRs submitted on 01.03.2016. IR on 2018-
2020 was due 05.03.2021. 

Acceded: 03.10.1994 
No reservations 

Compliant with reporting obligation 
•  Annual data for 2021 and prior years has 

Ratified: 15.11.1996 
No reservations 

been submitted.  

•  ODC and HFC licensing systems in place. 
Compliant with reporting obligations 
•  Latest (2021) National report (NR) 

19. Convention on Biological 
Diversity 

Ratified: 03.10.1994 
No reservations 

20. The United Nations 
Framework Convention on 
Climate Change  

Ratified: 03.10.1994 
No reservations 

21. Cartagena Protocol on 
Biosafety 

Ratified: 22.04.2002 
No reservations 

22. Stockholm Convention on 
Persistent Organic Pollutants 

Ratified: 03.06.2003 
No reservations 

submitted on 30.12.2022. 
•  Previous NRs all submitted. 
•  Next NR (2022) due 31.12.2023. 
Compliant with reporting obligation 
•  Latest National Report (6NR) submitted 
•  5NR submitted on 18.12.2015. 
•  Latest NBSAP for 2019-2030 adopted in 
December 2018 and submitted on 28.03 
2019. 
Partially 
obligation 
•  First NDC submitted 05.10.2016. 
•  Second NDC submitted 15.04.2022. 
•  Latest NC (NC3) submitted 21.10.2022. 

compliant  with 

reporting 

(NC1 in 2000 and NC2 in 2009) 
•  No Biennial Update Report (BUR) 

submitted as of April 2023 (due Dec 2014 
and every 2 years thereafter). 

Lack of compliance with reporting 
obligation 
•  Fourth national report (NR) due 01.10.2019 

not submitted. 

•  Last (third) NR submitted on 11.02.2016 

(NR2 in 2012). 

compliant  with 

Partially 
obligations 
•  Fifth national report (NR) submitted on 

reporting 

30.08.2022. 

•  4NR submitted on 31.08.2018, 3NR 

submitted on 15.03.2016. No other NRs 
submitted. 

(60)  Reporting mandatory, but not subject to compliance procedure. 
(61)  Idem. 

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Convention 

Ratification status 
Reservations 

23. Kyoto Protocol to the 
United Nations Framework 
Convention on Climate 
Change 
Good governance 
conventions 
24. United Nations Single 
Convention on Narcotic Drugs 

25. United Nations 
Convention on Psychotropic 
Substances 
26. United Nations 
Convention against Illicit 
Traffic in Narcotic Drugs and 
Psychotropic Substances 

27. United Nations 
Convention against 
Corruption 

Ratified: 30.11.1999 
No reservations 

Acceded: 
11.01.2013 (62) 
Reservations made 
related to 
criminalisation of 
coca leaves for 
personal consumption 
and for the related 
cultivation and trade 
Acceded: 20.03.1985 
No reservations 

Acceded: 20.08.1990 
Reservation made to 
Article 3(2) related to 
criminalisation of 
coca leaves for 
personal consumption 
Ratified: 05.12.2005 
No reservations 

Compliance with reporting obligations to 
monitoring bodies 
•  NIP1 submitted in time on 19.09.2005 and 

updates to address COP4 and COP5 
amendments submitted. 

•  Other updates addressing COPs 6-9 not 

submitted. 

No reporting obligations. 

Compliant with reporting obligations 
•  All reports and statistics (incl. voluntary 

ones) provided in 2021. 

•  Some gaps in 2020 reporting due to the 

political instability. 

Review by INCB 
•  INCB mission took place in October 2016. 
•  Update report submitted by Bolivia in 2019. 
•  INCB noted Bolivia’s will to address drug 
control and cooperation with the INCB 
(report for 2019). 

•  No indication of non-compliance in other 

INCB reports. 

No reporting obligations. Reviewing by 
UNODC & peer review 
•  Latest executive summary of review report 
and full report (2nd cycle) published in 
2020. 

•  Executive summary of first review cycle 

report published in 2014. 

(62)  The  Government of Bolivia originally deposited its instrument of accession to the Convention on 23 
September 1976. On 29 June 2011, the Government notified the Secretary-General that it had decided 
to denounce the Convention. In accordance with article 46(2), the denunciation took effect on 1 January 
2012. Following denunciation, Bolivia re-acceded to the Convention with a reservation. 

Page | 31