Bolivia 2023 Human Rights Report

Bolivia 2023 Human Rights Report
Executive Summary
There were no significant changes in the human rights situation in Bolivia

during the year.
Significant human rights issues included credible reports of: torture or cruel,
inhuman, or degrading treatment or punishment by government agents;
harsh and life-threatening prison conditions; arbitrary arrest or detention;
serious problems with the independence of the judiciary; serious restrictions
on freedom of expression and media freedom, including violence or threats
of violence against journalists; serious government corruption; serious
government restrictions on domestic and international human rights
organizations; extensive gender-based violence, including domestic or
intimate partner violence, sexual violence, and femicide; and trafficking in
persons, including forced labor.
The government took credible steps to identify and punish officials who may
have committed human abuses, but its approach was politicized.
Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights and Labor
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Section 1. Respect for the Integrity of the Person
a. Arbitrary Deprivation of Life and Other Unlawful or

Politically Motivated Killings
There were no reports the government or its agents committed arbitrary or

unlawful killings, including extrajudicial killings, during the year.
b. Disappearance
There were no reports of disappearances by or on behalf of government

authorities.
c. Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment, and Other Related Abuses
The constitution prohibited all forms of torture, coercion, and physical and
emotional violence, but there were reports government officials employed
them.
Nongovernmental organizations (NGOs) reported police investigations relied

heavily on torture to procure information and extract confessions. Most
abuses reportedly occurred while officials were transferring detainees to
police facilities or holding persons in detention. According to reports from
NGOs engaged with prison populations, the most common forms of torture

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for men and women detainees included rape, gang rape by guards, sensory
deprivation, use of improvised tear gas chambers, tasers, asphyxiation,
verbal abuse, and threats of violence.
On August 27, the family of Marco Antonio Aramayo filed a case alleging
torture and humiliation Aramayo suffered during his imprisonment.
Aramayo, who had accused government officials of corruption, died in April
2022 after spending seven years in preventive detention in 56 different
prisons. A September 2022 NGO report held numerous police officers,
judges, and government officials responsible for torturing Aramayo while in
prison. His lawyer explained that, among many other documents, the
complaint was supported by an Institute of Therapy and Research study on
the consequences of torture and state violence. Various public officials
belonging to the Movement Towards Socialism (MAS) political party were
charged in the case, but none had been detained, tried, or convicted as of
November.
Police impunity was a significant problem due to corruption and

politicization of the judicial system. Mechanisms to investigate abuse were
rarely utilized or enforced. Investigations frequently were not completed
due to payoffs to investigators from the persons being investigated.

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Prison and Detention Center Conditions
Prisons were overcrowded and lacked adequate medical services, resulting

in harsh and life-threatening conditions. Violence was pervasive due to
inadequate internal security.
Abusive Physical Conditions: Prison overcrowding was a problem.

According to the government’s penitentiary agency, prison facilities were at
more than 200 percent of designed capacity; 66 percent of the inmates
were in preventive detention.
One medical doctor attended to prisoners in each prison twice a month.

Although medical services were free, prisons rarely had medications on
hand. Dermatoses and tuberculosis were prevalent due to the cramped
sleeping quarters and lack of medicine. Incarcerated pregnant women
lacked access to obstetric services. The law permitted children younger
than age six to live with an incarcerated mother, under “safe and regulated
conditions.” Older children sometimes resided in detention centers with
incarcerated mothers, despite unsafe conditions.
Violence in prisons and detention centers was ubiquitous due to inadequate

internal security. Abuses perpetrated by penitentiary officials included
systematic intimidation, rape, psychological mistreatment, extortion,
torture, sex trafficking, and threats of death. There were reports of rape
and sexual assault committed by authorities and by other inmates. Women

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inmates experienced sexual harassment and assault on a regular basis, and

some were forced to pay extortion fees to avoid being raped. Observers
noted rampant rape and other forms of gender-based violence, as well as a
culture of silence that suppressed reporting gender-based violence due to
fear of retaliation.
The law set juvenile detention ages as 14 to 16 and required juvenile

offenders to be held in facilities separate from the general prison population
to facilitate rehabilitation; however, many offenders remained in juvenile
facilities long after they reached adulthood. Adult inmates and police
reportedly abused juvenile prisoners.
Corruption was pervasive. A prisoner’s ability to pay bribes often

determined physical security, cell size, visiting privileges, ability to attend
court hearings, day-pass eligibility, and place and length of confinement.
Administration: Authorities generally did not investigate credible

allegations of mistreatment. According to the UN Office on Drugs and
Crime, prisoners could submit complaints to a commission of district judges
for investigation, but due to fear of retaliation by prison authorities, they
frequently did not do so.
Independent Monitoring: The government generally permitted monitoring

by independent observers such as the International Committee of the Red
Cross, local NGOs, judges, faith-based organizations, legislators, and media.

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The government did not permit journalists, NGOs, and religious leaders to
visit some high-visibility prisoners, including Santa Cruz Governor Luis
Camacho and former interim President Jeanine Áñez.
d. Arbitrary Arrest or Detention
The law prohibited arbitrary arrest and detention, but the government did
not always respect the law. The law provided for the right of any person to
challenge the lawfulness of their arrest or detention in court.
Arrest Procedures and Treatment of Detainees
The law required that police obtain an arrest warrant from a prosecutor and
that a judge substantiate the warrant within eight hours of an arrest. Police
did not strictly adhere to these time restrictions, except in cases in which
the government specifically ordered adherence. The law mandated that a
detainee appear before a judge within 24 hours (except under a declared
state of siege, during which a detainee could be held for 48 hours), at which
time the judge was required to determine the appropriateness of continued
pretrial detention or release on bail. The judge was required to order the
detainee’s release if the prosecutor failed to show sufficient grounds for
arrest. The government allowed suspects to select their own lawyers, and it
provided a lawyer from the Public Defender’s Office if the suspect requested
one. Public defenders were generally overburdened and limited in their
ability to provide adequate, timely legal assistance. While bail was

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permitted, most detainees were placed in pretrial detention or could not

afford to post bail. Several legal experts noted pretrial detention was the
rule rather than the exception.
Arbitrary Arrest: The law prohibited arbitrary arrest and detention, but the
government did not always respect the law. International human rights
groups noted several potentially politically motivated cases initiated by the
government that resulted in arbitrary arrest, all against opponents of the
government or members of the previous government. The high-profile
arrest in December 2022 and detention of Santa Cruz Governor Camacho
was considered by human rights groups to be politically motivated, and
lawyers commented there were nearly daily reports of arbitrary arrests of
individuals without due process.
Pretrial Detention: Prolonged pretrial detention was a problem. Complex

legal procedures, large numbers of detainees, judicial inefficiency, executive
interference, corruption, shortage of public defenders, and inadequate case-
tracking mechanisms contributed to trial delays that lengthened pretrial
detention and kept many suspects detained beyond the legal limits for the
completion of a trial or the presentation of formal charges.
The law afforded judges the authority to order pretrial detention if there
was a high probability a suspect had committed a crime, if evidence existed
the accused sought to obstruct the investigation process, or if a suspect was

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considered a flight risk. If a suspect was not detained, a judge could order
significant restrictions on the suspect’s movements.
The law stated no one could be detained for more than 18 months without
formal charges. If after 18 months the prosecutor did not present formal
charges and conclude the investigatory phase, the detainee could request
release by a judge. The judge was required to order the detainee’s release,
but the charges against the detainee were not dropped. By law, the
investigatory phase and trial phase of a case could not exceed 36 months
combined. The law allowed a trial extension if the delays in the process
were due to the defense.
Many defense attorneys intentionally did not attend hearings to delay trial
proceedings and ultimately avoided a final sentencing, either at the request
of their clients or due to high caseloads.
In April, the Inter-American Commission on Human Rights highlighted the

Áñez and Camacho cases as examples of the “structural problems” in the
administration of justice, such as the generalized use of preventive
detention.
e. Denial of Fair Public Trial
The law provided for an independent judiciary, but the judiciary was
overburdened and vulnerable to undue influence by the executive and
legislative branches. The judiciary was also the subject of multiple
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allegations of corruption. Authorities generally respected court orders, but

on several occasions, they pressured judges to change verdicts. Judges and
prosecutors sometimes practiced self-censorship when issuing rulings to
avoid becoming the target of verbal and legal harassment by the
government.
The judiciary faced numerous problems. NGOs asserted the funds budgeted
for the judiciary were insufficient to assure equal and efficient justice, in
addition to reliance on underpaid, overburdened public prosecutors, which
led to serious judicial backlogs. Justice officials were vulnerable to bribery
and corruption, according to credible observers, including legal experts. In
June, the domestic human rights NGO Fundación Construir issued its Report
on the State of Justice in Bolivia, which highlighted problems in the judicial
system, including political pressure, lack of resources, and lack of judicial
access, especially in rural areas.
Lawsuits were frequently used to intimidate opposition lawmakers.

Observers noted there was a clear pattern between opposition figures
speaking out against the government and shortly thereafter being pressed
with charges or called to testify in court. Once tensions between the
government and the opposition figure subsided, legal proceedings became
dormant until the next clash. Former interim President Áñez had eight trials
pending while she was in prison. Romulo Calvo, former president of the Pro
Santa Cruz Committee, a regional civilian organization, had nine trials

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pending. In addition to 14 lawsuits dating from his time as Minister of Public

Works under former interim President Áñez, La Paz Mayor Ivan Arias was
placed under house arrest on November 14 for an investigation of political
violence. By contrast, few if any prominent ruling party leaders faced
criminal charges despite well-documented evidence of wrongdoing reported
by investigative journalists. Observers described this discrepancy as another
example of the politicization of the judicial system by the government.
Trial Procedures
The law provided for the right to a fair and public trial without undue delay,
but the government did not always respect the law.
In April, the Inter-American Commission on Human Rights noted in its

preliminary report that public defenders were not available throughout the
country, which raised significant concerns regarding equitable access to
justice and corruption in the judicial system.
Political Prisoners and Detainees
There were reports of more than 300 political prisoners as of November.

The government denied there were any political prisoners, only persons
who had committed crimes. According to human rights observers, the
number of detainees was due in part to lack of judicial independence and
abuse of preventive detention. For example, former Director of Immigration
Marcel Rivas was declared innocent in his first case regarding an
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immigration matter, but he received a minimum sentence for an

administrative fault concerning immigration alerts in a second case. While
serving that sentence, the Prosecutor’s Office opened a third case against
Rivas, which further delayed his release from prison. Santa Cruz Governor
Camacho was in preventive detention at a maximum-security prison in La
Paz. Authorities offered various justifications for Camacho’s arrest but
ultimately stated he remained detained because of his role in the 2019
political crisis, which the government described as a “coup.” Human Rights
Watch stated the justification for Camacho’s preventive detention was “very
fragile.”
Former interim President Áñez was sentenced in June 2022 following a

controversial trial that many observers found inconsistent with the rule of
law and due process. The constitution stated that sitting and former
presidents were entitled to an impeachment trial – versus a regular criminal
trial – for acts committed in office. The government, however, pursued
regular criminal proceedings against Áñez. She remained in prison, and the
judicial system imposed additional periods of pretrial detention for the
remaining cases. Human rights groups expressed concern the arrests and
detentions of Camacho and Áñez were politically motivated. Human Rights
Watch reported it saw no evidence to support the vague charges of
terrorism, sedition, and conspiracy.

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f. Transnational Repression
Not applicable.
g. Property Seizure and Restitution
The government sidelined one of its most prominent human rights critics,
Amparo Carvajal, by creating a parallel organization to Carvajal’s
independent Permanent Human Rights Assembly of Bolivia (APDHB) and
having the national tax office transfer control of APDHB’s finances to the
new, government-affiliated organization. The move effectively disabled
Carvajal’s ability to manage the country’s largest human rights NGO, which
she cofounded in 1974. Carvajal protested by holding a 51-day vigil outside
the building where she and her supporters gathered to block access by MAS
supporters seeking to take over the building.
h. Arbitrary or Unlawful Interference with Privacy, Family,

Home, or Correspondence
The law prohibited such actions, but there were reports of hidden cameras
inside the prison cell of Santa Cruz Governor Camacho during visits with his
wife.

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Section 2. Respect for Civil Liberties
a. Freedom of Expression, Including for Members of the

Press and Other Media
While the constitution provided for freedom of expression, including for

members of the press and other media, the government did not respect this
right and retaliated against media outlets expressing dissenting opinions.
Freedom of Expression: Some media outlets reported the government

pressured and intimidated them to report favorably regarding government
policies by withholding government advertising and imposing steep taxes.
Media also reported instances of pressure from the government to reveal
their sources. The National Press Association and the Association of
Journalists of La Paz demanded concrete measures from the government to
protect the work and safety of journalists.
On June 20, the Association of Journalists of La Paz reported that digital

attacks, created by government-associated teams of “digital warriors,”
targeting independent media outlets were frequent. The Facebook page of
Radio Network Erbol was hacked on February 12, with hackers sharing
explicit images and messages from the page, causing reputational damage
to the outlet.

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On June 29, leading La Paz independent newspaper Página Siete closed,

citing it had been overwhelmed by economic problems and government
pressure, including excessive audits and recurring fines.
The 2022-2023 Chapultepec Index report Journalism under Multidimensional

Violence noted freedom of expression decreased during the year. The
report, which assessed institutional actions regarding freedom of expression
and press in 22 countries in the Americas, noted the country shifted from
“partially restricted” to “highly restricted” following the closure of the
newspaper Página Siete, physical attacks on journalists, impunity in justice
cases, and cyberbullying.
Violence and Harassment: Journalists faced threats and harassment.

Journalist organizations reiterated requests for the protection of journalists.
In a public statement, the National Association of Journalists and
departmental (regional) journalist associations denounced an increase in
harassment, pressure, and abuse against journalists, specifically citing the
closure of Página Siete and three radio stations in Los Yungas.
On January 10, during a protest called by the National Committee for the
Defense of Democracy against the arrest of Santa Cruz Governor Camacho,
more than 10 journalists covering the protest were attacked, including a
journalist who sustained a partial loss of hearing from fireworks and a
camera operator injured by a rock.

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On May 7, independent journalist Andrés Gómez reported on alleged

corruption involving Minister of Environment and Water Juan Santos Cruz.
Gómez subsequently reported being harassed on social media.
During the last week of July, three journalists were threatened for reporting
on drug trafficking topics. Journalists for the digital magazine Contacto
Bolivia and the television broadcaster Asociación Teledifusora Boliviana
were threatened via WhatsApp for their reporting on the case of alleged
Uruguayan drug trafficker Sebastián Marset. On July 26, a journalist for the
newspaper El Deber also received threats for reporting on drug trafficking.
Previously reported cases of threats and violence were unaddressed. The

Journalists Support and Protection Network provided assistance to
journalists, including political cartoonist Abecor, who reported receiving
threats via social media in 2022. The cases of journalists kidnapped while
covering a land dispute in Las Londras were paralyzed in lower courts.
Women journalists faced attacks and threats due to their gender. News
Agency Fides reported, “Once the government unleashes a campaign against
these women journalists, it is fueled by so-called digital warriors through
social networks and backed by MAS supporters.” According to the domestic
NGO Unitas (National Union of Institutions for Social Action Work), the
number of denunciations of threats and attacks against women journalists
increased, with 14 cases reported through May. A woman journalist from
Santa Cruz who led the digital news portal Cobertura Digital reported having

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received threats against herself and members of her family. She temporarily
closed the portal due to fear.
There were also reports of media being attacked by protesters and police as
they covered protests. On January 9, the MAS-aligned former candidate for
ombudsman, Pascual Mamani Marca, released a video on TikTok inciting
persons to burn down Santa Cruz-based television outlet UNITEL and kill
UNITEL journalists. Following the incident, the National Association of
Journalists issued a statement condemning social media threats against
media. There were no arrests.
In November, media reported threats and attacks while covering protests by

mining cooperatives in La Paz. Six journalists and a photojournalist from
national and international outlets suffered physical violence and verbal
threats while covering a mobilization by mining cooperatives in the National
Service of Protected Areas. The National Association of Journalists issued a
statement on November 7 condemning the violence, indicating, “This fact
adds to the serious threats to freedom of expression and the press that
continue with impunity due to the negligence of the authorities who fail to
fulfill their responsibility to protect the security of journalists in the conduct
their work.” According to a November 8 joint statement from the National
Association of Journalists and the Association of Journalists of La Paz, seven
Popular Radio Television journalists reporting on the miners’ protests were
threatened and prohibited from continuing their reporting.

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Censorship or Content Restrictions for Members of the Press and Other

Media, Including Online Media: In addition to fear of prosecution and
harassment, journalists sometimes practiced self-censorship due to fear of
losing their jobs or losing access to government sources.
By law, the government was required to provide goods and services to all
media outlets in a nondiscriminatory manner, but at times the government
did not purchase advertisements in certain media outlets because they were
considered opposed to the government’s policy positions.
Media outlets alleged the government pressured news organizations to

report favorably on government policies. Media outlets also alleged the
government retaliated against news organizations that did not comply with
that pressure.
Libel/Slander Laws: Defamation was a criminal offense and punishable with

a monetary fine. As of October, there were no reports defamation laws
were used to restrict public discussion or retaliate against journalists.
Internet Freedom
There was no evidence the government restricted or disrupted access to the

internet or censored online content. There were allegations, however, that
the government supported “digital warriors” who attacked independent
media. According to some reports, there were two million fake accounts
that targeted individuals or media seen to be antigovernment.

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On June 18, the Facebook page portal of Cabildeo Digital, a domestic digital
media outlet that carried investigative reporting critical of the government,
was allegedly hacked by so-called digital warriors recruited and trained by
MAS-led government officials to create pages, profiles, and groups on the
internet to spread government propaganda. Cabildeo reported it lost
220,000 Facebook followers as a result of the hack. NGOs noted that
“digital warriors” harassed journalists and independent media with
impunity.
b. Freedoms of Peaceful Assembly and Association
The constitution provided for the freedoms of peaceful assembly and

association. The government did not always respect the right of peaceful
assembly.
Freedom of Peaceful Assembly
While the law required a permit for most demonstrations, the government
rarely enforced the provision, and most protesters demonstrated without
obtaining permits.
In January, there were protests in Santa Cruz due to Governor Camacho’s

arrest. During the protests, police detained some children longer than 48
hours without bringing them before a judge. Media reported the children
showed signs of brutality suffered during detention. Media reported the
children were prohibited from participating in future protests.
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c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement and the Right to Leave the

Country
The law provided for freedom of internal movement, foreign travel,

emigration, and repatriation, and the government generally respected these
rights.
In-country Movement: The law prohibited domestic air travel and bank
transactions for up to three months as a penalty for persons who did not
vote in a national election.
e. Protection of Refugees
The government cooperated with the Office of the UN High Commissioner

for Refugees and other humanitarian organizations in providing protection
and assistance to refugees, returning refugees, and asylum seekers, as well
as other persons of concern.
Access to Asylum: The law provided for the granting of asylum or refugee
status, and the government had established a system for providing
protection to refugees.

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Section 3. Freedom to Participate in the Political

Process
The law provided citizens the ability to choose their government in free and
fair periodic elections held by secret ballot and based on universal and equal
suffrage.
Elections and Political Participation
Abuses or Irregularities in Recent Elections: International electoral

observation missions and domestic electoral observation organizations
characterized the most recent elections as free, fair, and transparent.
Participation of Women and Members of Marginalized or Vulnerable

Groups: Women participating in politics faced violence and harassment.
The president of the Association of Councilors of Bolivia reported that
between January and May, there were 110 cases of harassment and political
violence against elected women councilors and mayors.
On June 13, the Ombudsperson’s Office expressed concern for acts of

harassment and political violence against Cochabamba Councilwoman
Claudia Flores and Santa Cruz Department Assembly woman Muriel Cruz.
Press reported Cruz, a MAS party member, was knocked to the ground,
punched, kicked, and hit with sticks by activists opposed to having alternate
assembly members from the Guaraní people.

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Section 4. Corruption in Government
The law provided criminal penalties for corruption by officials, but the
government did not implement the law effectively. There were numerous
reports of government corruption.
Corruption: On May 16, Minister of Environment and Water Santos Cruz

was accused of receiving $2.7 million in bribes from companies that were
awarded with projects from his ministry. In almost three years of Luis Arce’s
government, four ministers were accused in corruption cases.
For additional information concerning corruption in the country, please see

the Department of State’s Investment Climate Statement for the country
and the Department of State’s International Narcotics Control Strategy
Report, which includes information on financial crimes.
Section 5. Governmental Posture Towards

International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights
A number of domestic and international human rights groups generally

operated without government restriction to monitor or investigate human
rights conditions and publish their findings. Government officials were
somewhat cooperative and responsive to the views of these groups.

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Retribution against Human Rights Defenders: Human rights defenders such

as Waldo Albarracin and Amparo Carvajal were harassed by the
government. Waldo Albarracin’s house was burned by MAS supporters
during the 2019 political crisis, and in 2021 he left the country due to fear
for his life. Albarracin’s family was informed by the Prosecutor’s Office that
the MAS supporters involved in the burning of his house would not be held
accountable for their actions.
The National Association of Journalists of Bolivia and the nine departmental

associations of journalists opposed the violent takeover of APDHB’s national
headquarters in June, stating the occupation of the APDHB headquarters
constituted “a violation against civil society organizations that defend
human rights.” According to press reports, the assault on the building was
attributed to Remberto Cruz, a MAS official who led the occupation and
coordinated with police officers to close the doors of the building and
forcibly expel activists working there, some on human rights cases against
the government.
The United Nations or Other International Bodies: In December 2022, the

Office of the UN High Commissioner for Human Rights closed its local offices
because the government did not renew its mandate to work in the country.
The United Nations was negotiating an agreement with the government to
reopen, but as of October no progress had been reported.

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Government Human Rights Bodies: The constitution established a human

rights ombudsperson, subject to confirmation by both houses of congress,
with a six-year term. The ombudsperson was charged with defending and
promoting human rights, specifically defending citizens against government
abuses. The constitution gave the ombudsperson the right to propose
legislation and recommend modifications to laws and government policies.
Civil society groups and several political figures contended the
ombudsperson lacked independence from the central government and was
not effective in advocating for human rights.
Both houses of congress had human rights committees that proposed laws
and policies to promote and protect human rights. Congress did not
approve or propose any legislation related to human rights during the year.
Section 6. Discrimination and Societal Abuses
Women
Rape and Domestic Violence: The law established penalties of

imprisonment for 15 to 20 years for the rape of an adult (man or woman),
including spousal and domestic or intimate partner rape and so-called
corrective rape of lesbian, gay, bisexual, transgender, queer, or intersex
(LGBTQI+) persons, but it was rarely enforced.

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The law prohibited domestic violence, but it too was rarely enforced.
Domestic abuse resulting in injury was punishable by three to six years’
imprisonment, and the penalty for serious physical or psychological injury
was five to 12 years in prison.
Lack of training regarding the law and slow judicial processes, among other
factors, hindered full implementation of the law, according to the UN Entity
on Gender Equality and the Empowerment of Women and human rights
groups. The law criminalized femicide and stipulated a sentence of 30 years
in prison. Activists stated corruption, a lack of adequate crime scene
investigations, a lack of specialized prosecutors, and a dysfunctional,
underfunded judiciary hampered convictions for femicide.
A 2014 law called for the construction of women’s shelters in each of the
country’s nine departments, but as of year’s end not all departments had
shelters. Human rights activists said the shelters for domestic violence
survivors were not well staffed, did not promise anonymity, and could not
provide protection from abusers. Activists said shelters mixed vulnerable
women, girls, juvenile delinquents, human trafficking victims, sexual abuse
survivors, and children with mental-health problems.
Other Forms of Gender-based Violence or Harassment: The law considered

sexual harassment a criminal offense punishable by up to eight years’
imprisonment. There were no comprehensive reports on the extent of

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sexual harassment, but observers generally acknowledged it was

widespread and said the law was rarely enforced.
Discrimination: The law provided for the same legal status and rights for
women as for men, but women generally did not enjoy a social status equal
to that of men. The government did not enforce the law effectively.
While the minimum wage law treated men and women equally, women
generally earned less than men for equal work. Antidiscrimination laws
were not uniformly or effectively implemented to protect women from
harassment and political violence. The law prohibited women from working
at night (with exceptions) and from performing tasks that were “dangerous,
unhealthy, heavy, or that harm their morals or good customs.” The
government did not enforce the law effectively.
Formal-sector labor laws provided women with a shorter workweek,

maternity benefits, breastfeeding hours, permission to work fewer hours,
and more holidays than men. Critics contended these gender-based laws
encouraged companies to give preference to men in hiring.
Low-wage workers in domestic service were predominantly women.

Approximately 40 percent of them received a salary that was less than the
national minimum wage and worked without a contract, health insurance,
or other relevant benefits.

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Reproductive Rights: There were no reports of coerced abortion or

involuntary sterilization on the part of government authorities.
Civil society representatives noted that information on accessing

reproductive health could be difficult to obtain in rural areas due to lack of
medical infrastructure.
The law provided for access to contraceptives, but according to the

reproductive rights organization Marie Stopes International-Bolivia, many
public health-care providers refused to provide the service and stigmatized
patients who requested contraceptives. Some providers required the
consent of an adult woman’s husband or other male family member before
providing her with contraceptives and would not provide contraceptives to
adolescents without parental consent. Misinformation and social taboos
made women hesitant to seek contraceptives.
Lack of access to quality medical care in remote areas adversely affected

access to skilled health-care attendance during pregnancy and birth. In
addition, many Indigenous women feared that their cultural traditions
regarding who should be present at the birth, treatment of the placenta,
and treatment of the umbilical cord would not be respected if they gave
birth in a hospital or clinic.
The government provided access to sexual and reproductive health services

for survivors of sexual violence, including emergency contraception;

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postexposure prophylaxis was not available. These services were more

readily available in urban areas. Rural areas lacked access and frequently
relied on mobile health centers such as those provided by Marie Stopes
International.
According to the Pan American Health Organization, the maternal mortality

rate was 160.9 per 100,000 live births in 2020, the most recent year for
which data was available. It reported more than one-third of maternal
deaths were caused by obstetric hemorrhage, usually postpartum.
The maternal mortality rate was higher among Indigenous women due to
lack of access to adequate medical services.
Girls in rural areas lacked access to menstrual hygiene products, which

affected their attendance in school. The law prohibited schools from
expelling pregnant girls.
Systemic Racial or Ethnic Violence and Discrimination
The law prohibited discrimination by public and private institutions and

banned racist and discriminatory ideas through media. The government
made little effort to address such discrimination. Afro-Bolivians in rural
areas experienced the same types of problems and discrimination as
Indigenous persons who lived in those areas. Afro-Bolivian community
leaders reported employment discrimination was common and public

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officials, particularly police, discriminated in the provision of services. Afro-

Bolivians also reported widespread use of discriminatory language.
Indigenous Peoples
Indigenous lands were not fully demarcated, and land reform was a major
political problem. Historically, some Indigenous persons shared lands
collectively under the ayllu (traditional form of a community) system, which
did not receive legal recognition during the transition to private property
laws. Despite laws mandating reallocation and titling of lands, recognition
and demarcation of Indigenous lands were not completed.
Many Indigenous groups were well represented in government and politics

but suffered a disproportionately large share of poverty and unemployment.
Government educational and health services were unavailable to many
Indigenous groups living in remote areas.
Indigenous groups living in the country’s eastern lowlands were not well
represented in government or by elected representatives. These Indigenous
groups resided in four departments: Santa Cruz, Beni, Tarija, and Pando.
They included several ethnic and linguistic groups that were distinct from
the Aymara and Quechua Indigenous groups of the highland plateau region.
Leaders of the lowlands Indigenous communities described growing anger
and frustration with the national government for continuing land policies
developed under former President Evo Morales, including deforestation of

Page 29 of 40
traditional, often sacred, and protected lands to expand coca plantings. A

prominent Indigenous leader said the government supported mining and
hydrocarbon exploitation of lands without consulting Indigenous
populations. The leader also noted a campaign of intimidation and
harassment to silence defenders of Indigenous rights.
Mercury contamination from gold mining in the Amazon basin impacted

Indigenous communities. In July, research carried out by the Central
Indigenous Peoples of La Paz revealed that approximately three quarters of
302 individuals from 36 Indigenous communities of the Ese Ejja, Tsimanes,
Mosetenes, Leco, Uchupiamona, and Tacana persons contained mercury
levels higher than the limit established by the World Health Organization.
The study indicated individuals with the highest concentration of mercury in
their bodies were found closest to large-scale mining activities where
mercury was used to extract gold. In addition, the Ese Ejja and Mosetenes
communities, due to their reliance on fish as a main source of protein, had
high levels of mercury even though they lived remotely in the forest far
away from mining activities.
Children
Child Abuse: The penal code defined infanticide as the killing of a child
younger than 13. Rape of a child younger than 14 carried a penalty of 20 to
25 years’ imprisonment. The government did not enforce the law
effectively.
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Child, Early, and Forced Marriage: The minimum age for marriage was 14
for girls and 16 for boys. Parents or guardians needed to approve marriages
between adolescents younger than 18. The government enforced the law
effectively.
Sexual Exploitation of Children: The law prohibited the sale, grooming, or

use of children for commercial sexual exploitation, including sex trafficking,
and such acts were punishable with prison sentences of 15 to 20 years;
however, such activities were a serious problem. The law also prohibited
child pornography, punishable with sentences of 10 to 15 years in prison.
The government generally enforced the law.
The age of consensual sex was 18. The penalty for statutory rape of an
adolescent age 14 to 17 was three to six years in prison. The penalty for
having sex with a child younger than age 14 was 20 to 25 years in prison.
Consensual relationships between adolescents older than 12 were exempt
from this sanction if there was no age difference of more than three years
between them and no violence or intimidation was committed.
On January 19, the Inter-American Court of Human Rights found the country
responsible for the violation of the rights to humane treatment, judicial
guarantees, private and family life, equality before the law, judicial
protection, and children’s rights in the case of a girl age 15 who was raped
by a family member. The court found the judicial system failed to
investigate the sexual violence suffered by the girl or to conduct the criminal

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process, as well as the existence of revictimizing practices during the judicial

process.
Antisemitism
The Jewish population numbered fewer than 180. There were no known
reports of antisemitic incidents.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.
Acts of Violence, Criminalization, and Other Abuses Based

on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics
Criminalization: No laws criminalized consensual same-sex sexual conduct

between adults. Seemingly neutral laws (e.g., on statutory rape, immorality,
or loitering) were not disproportionately applied to LGBTQI+ persons.
Violence and Harassment: Transgender individuals were particularly

vulnerable to abuse and violence from nonstate actors. Activists reported
transgender individuals working in commercial sex faced violence and
threats, which was common in the commercial sex industry.

Page 32 of 40
Discrimination: The law prohibited discrimination based on sexual

orientation and gender identity. The government did not enforce the law
effectively. LGBTQI+ persons faced overt discrimination in employment and
the workplace, at school, and in access to government services, especially in
health care. Older LGBTQI+ persons experienced high rates of
discrimination when attempting to access health-care services. There were
no legal mechanisms in place to specifically transfer power of attorney to a
same-sex partner; however, the law granted some protections to same-sex
partners.
Transgender activists said most of the transgender community turned to

commercial sex to earn a living due to discrimination in the job market and
unwillingness on the part of employers to accept their identity documents
and professional licenses.
Availability of Legal Gender Recognition: The law allowed transgender

individuals to update their name, gender marker, and photograph to reflect
their gender identity on all legal identification cards and birth certificates
after undergoing a psychological evaluation and appearing before the Civil
Registry Service.
Involuntary or Coercive Medical or Psychological Practices: There were no

reports of the practice of so-called conversion therapy and the practice of
performing surgeries on intersex persons. There were no reports that

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medically unnecessary and irreversible “normalization” surgeries were

performed on children or on nonconsenting adult intersex persons.
Restrictions of Freedom of Expression, Association, or Peaceful Assembly:

There were no restrictions on freedom of expression, association, or
peaceful assembly regarding LGBTQI+ matters or convening related events.
Persons with Disabilities
Persons with disabilities encountered difficulties accessing education,

employment, health services, public buildings, and transportation on an
equal basis with others. The law required access for wheelchair users to all
public and private buildings, duty-free import of orthopedic devices, and a
50 percent reduction in public transportation fares for persons with
disabilities. The law also required communication outlets and government
agencies to offer services and publications in sign language and braille. The
law stipulated that persons with “serious and severe” disabilities were
entitled to monthly government payments stipends. The law required both
public and private institutions to employ a certain percentage of workers
with disabilities.
The government did not effectively enforce these provisions. Architectural

and infrastructure barriers prohibited access in most urban areas for
individuals with physical disabilities. Official action was rarely taken to

Page 34 of 40
investigate, prosecute, and punish those responsible for violence against

persons with disabilities.
Other Societal Violence or Discrimination
Although the law prohibited discrimination against persons with HIV or

AIDS, pervasive discrimination persisted. Ministry of Health authorities
reported discrimination against persons with HIV or AIDS was most severe in
Indigenous communities, where the government was less able to diagnose
cases either because persons were less willing to be tested or the
government lacked the resources to reach individuals in remote areas.
Activists reported discrimination forced persons with HIV to seek medical
attention outside the country.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective

Bargaining
The law provided for the freedom of association, the right to organize and
bargain collectively, and the right to strike for certain workers. The law
prohibited antiunion discrimination and required reinstatement of workers
fired for union activity. The law did not provide these rights for agricultural
workers or workers in enterprises with fewer than 20 employees, estimated
to be 70 percent of all enterprises. The constitution provided for protection
Page 35 of 40
of general strikes and solidarity strikes and for the right of any working
individual to join a union. The law protected the right to strike but
stipulated that a strike could not be indefinite, a reaction according to legal
experts to health-care workers threatening to strike for an indefinite
amount of time.
Workers could form a union in any private company of 20 or more

employees. The law required at least 50 percent of the workforce be in
favor, an excessive requirement by international standards. The law
required that trade unions obtain prior government authorization to
establish a union, and the government confirmed their elected leadership
with the right to force new leadership. The law permitted only one union
per enterprise and allowed the government to dissolve unions by
administrative fiat. The law also required that members of union executive
boards be citizens. The law prohibited most public employees from forming
unions, including the military, police, and other public security forces. Some
public-sector workers, including teachers, transportation workers, and
health-care workers, were legally unionized and actively participated
without penalty as members of the Bolivian Workers’ Confederation, the
country’s chief trade union federation.
Collective bargaining and voluntary direct negotiations between employers

and workers without government participation were common. Most
collective bargaining agreements were restricted to addressing wages.

Page 36 of 40
The law limited the right to strike by requiring three-quarters of workers to

call for a strike, by prohibiting strikes in the banking sector, and by imposing
compulsory arbitration to end a strike in nonessential sectors.
The government did not effectively enforce applicable laws, and penalties
were less than those for other laws involving denials of civil rights, such as
discrimination. Penalties were rarely applied against violators.
The National Labor Court handled complaints of antiunion discrimination

but took one year or longer to issue rulings. Freedom of association was
limited by the ineffectiveness of labor courts and the lengthy time to resolve
cases and complaints. The court ruled in favor of discharged workers in
most cases and required their reinstatement; however, union leaders said
problems often were resolved or no longer relevant by the time the court
ruled.
The government took criminal actions against union leaders who spoke out
against government policies. In September 2022 the government arrested
César Apaza, a coca union leader from the Yungas region of La Paz, for his
role in organizing protests against a MAS-aligned, unauthorized coca market
in Villa El Carmen. In February, Apaza suffered a stroke and was transferred
to a hospital. One month later, the government returned him to prison
despite his partial paralysis. At his hearing, Apaza blamed his poor health
and stroke on “beatings [he] had suffered.” Observers reported Apaza’s
health was only monitored by nurses, he did not receive physical therapy,

Page 37 of 40
and a cell mate was helping him with basic needs. Although a judge
originally turned down the prosecutor’s request for four months of
preventive detention, a different judge intervened on August 3 and granted
the original request for Apaza to be hospitalized, where he awaited formal
charges and a trial. On August 31, Apaza began a hunger strike to protest
these actions and what he described as “judicial torture.” He stopped his
hunger strike on September 6 but remained in prison with deteriorating
health.
b. Prohibition of Forced or Compulsory Labor
See the Department of State’s annual Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for

Employment
See the Department of Labor’s Findings on the Worst Forms of Child Labor at
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/.

Page 38 of 40
d. Discrimination (see section 6)
e. Acceptable Conditions of Work
Wage and Hour Laws: The law provided for a minimum wage for most
sectors; it was not provided for agricultural workers. The monthly minimum
wage was greater than the government’s official poverty income.
The law mandated rest periods and required premium pay for work beyond
a standard workweek. For men the official workweek was 48 hours, and the
workday was eight hours. For women the law set a 40-hour workweek and
prohibited women from working at night. The law stipulated a minimum of
15 days of annual leave. The law mandated that the standards apply
uniformly to all industries and sectors. Minimum wage violations were
common for domestic workers, with up to 40 percent receiving minimum
wage.
Occupational Safety and Health: The law mandated that occupational

safety and health (OSH) standards apply uniformly to all industries and
sectors. OSH standards were appropriate for the main industries in the
country. OSH experts did not actively identify unsafe conditions, including
responding to workers’ OSH complaints. A national tripartite committee of
business, labor, and government representatives was responsible for
monitoring and improving OSH standards and enforcement. The Ministry of
Labor maintained offices for worker inquiries, complaints, and reports of

Page 39 of 40
unfair labor practices and unsafe working conditions, but it was unclear if
the offices were effective in regulating working conditions.
The law prohibited dismissing employees for removing themselves from

work conditions they deemed hazardous and provided for the Ministry of
Labor to mandate the employees be rehired following an inspection.
Extensive use and illegal trade of mercury in gold mining operations led to
mercury poisoning in workers in the departments of Beni and La Paz. As a
result, worker safety conditions in the artisanal and industrial gold mining
sectors were a concern.
Wage, Hour, and OSH Enforcement: The Ministry of Labor was responsible
for enforcement of minimum wage, overtime, and OSH laws. The
government did not effectively enforce the law. Inspectors had the
authority to make unannounced inspections and could initiate sanctions;
however, the number of inspectors was insufficient to provide effective
workplace inspection. Penalties for wage and hour violations were
commensurate with fraud, and sanctions were regularly applied against
violators.
The Ministry of Labor’s Bureau of Occupational Safety had responsibility for

the protection of workers’ health and safety, but penalties for OSH
violations were not commensurate with those for similar crimes, such as

Page 40 of 40
negligence. Penalties were regularly applied against violators. Part-time

workers were not covered by wage, hour, and OSH laws.
According to labor law experts, the informal sector constituted 80-90

percent of the economy as of August 2022. Labor laws did not cover
informal sector workers, and the government did not inspect the informal
sector.


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Bolivia 2023 Human Rights Report

There were no significant changes in the human rights situation in Bolivia

Country Reports on Human Rights Practices for 2023

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or

There were no reports the government or its agents committed arbitrary or

There were no reports of disappearances by or on behalf of government

c. Torture and Other Cruel, Inhuman, or Degrading

Nongovernmental organizations (NGOs) reported police investigations relied

Country Reports on Human Rights Practices for 2023

Police impunity was a significant problem due to corruption and

Country Reports on Human Rights Practices for 2023

Prison and Detention Center Conditions

Prisons were overcrowded and lacked adequate medical services, resulting

Abusive Physical Conditions: Prison overcrowding was a problem.

One medical doctor attended to prisoners in each prison twice a month.

Violence in prisons and detention centers was ubiquitous due to inadequate

Country Reports on Human Rights Practices for 2023

inmates experienced sexual harassment and assault on a regular basis, and

The law set juvenile detention ages as 14 to 16 and required juvenile

Corruption was pervasive. A prisoner’s ability to pay bribes often

Administration: Authorities generally did not investigate credible

Independent Monitoring: The government generally permitted monitoring

Country Reports on Human Rights Practices for 2023

d. Arbitrary Arrest or Detention

Arrest Procedures and Treatment of Detainees

Country Reports on Human Rights Practices for 2023

permitted, most detainees were placed in pretrial detention or could not

Pretrial Detention: Prolonged pretrial detention was a problem. Complex

Country Reports on Human Rights Practices for 2023

In April, the Inter-American Commission on Human Rights highlighted the

e. Denial of Fair Public Trial

allegations of corruption. Authorities generally respected court orders, but

Lawsuits were frequently used to intimidate opposition lawmakers.

Country Reports on Human Rights Practices for 2023

pending. In addition to 14 lawsuits dating from his time as Minister of Public

In April, the Inter-American Commission on Human Rights noted in its

Political Prisoners and Detainees

There were reports of more than 300 political prisoners as of November.

immigration matter, but he received a minimum sentence for an

Former interim President Áñez was sentenced in June 2022 following a

Country Reports on Human Rights Practices for 2023

g. Property Seizure and Restitution

h. Arbitrary or Unlawful Interference with Privacy, Family,

Country Reports on Human Rights Practices for 2023

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the

While the constitution provided for freedom of expression, including for

Freedom of Expression: Some media outlets reported the government

On June 20, the Association of Journalists of La Paz reported that digital

Country Reports on Human Rights Practices for 2023

On June 29, leading La Paz independent newspaper Página Siete closed,

The 2022-2023 Chapultepec Index report Journalism under Multidimensional

Violence and Harassment: Journalists faced threats and harassment.

Country Reports on Human Rights Practices for 2023

On May 7, independent journalist Andrés Gómez reported on alleged

Previously reported cases of threats and violence were unaddressed. The

Country Reports on Human Rights Practices for 2023