A/HRC/43/2
491. Regarding recommendation 115.39, the delegation informed that the Plurinational
State of Bolivia had accepted the part of the recommendation regarding judicial
independence. However, with regard to the reference to electoral judges, the delegation
clarified that the electoral body was autonomous and independent and electoral judges were
ordinary judges, temporarily appointed, during electoral processes.
492. The delegation also noted that recommendations 115.6, 115.71, 115.142, 115.143 and
115.144 referred to policies, plans or programs and stated that the Plurinational State of
Bolivia would make the necessary efforts to have documents framed in the National Planning
System. Regarding recommendations 115.11, 115.67, 115.77, 115.82, 115.152, 115.155,
115.156, 115.157, 115.225, 115.227, and 115.229, the delegation stated that they implied a
legislative process, for which a determined duration could not be foreseen.
493. Regarding recommendations 115.30 and 115.31, which referred to the national
mechanism for the prevention of torture and other cruel, inhuman, or degrading treatment or
punishment, the delegations stated that the Service for the Prevention of Torture (SEPRET)
was an independent and autonomous body. Referring to recommendation 115.49, the
delegation informed that there was no legal norm violating the rights of persons with
disabilities to access justice.
494. Regarding recommendations 115.57 and 115.59, the delegation stated that the Truth
Commission had concluded its work on 20 December 2019. The delegation also stressed that,
with regard to recommendation 115.79, the Government did not exert pressure or surveillance
on reporters and journalists. On the contrary, it guaranteed the full exercise of all rights,
especially freedom of expression.
495. The delegation stated that recommendations 115.101, 115.102 and 115.103 were
related to the possibility to change gender identity and that efforts would be made to foster a
democratic discussion on the issue. Regarding recommendations 115.153, 115.154, 115.155
and 115.156, the delegation stated that the Plurinational Constitutional Court had eliminated
the requirement of judicial authorization to access a legal abortion when the pregnancy was
a consequence of rape, statutory rape, incest, abduction, or when the life or health of the
woman was in danger.
496. Finally, regarding recommendations 115.209, 115.213, 115.217 and 115.218, the
delegation noted that the Constitution expressly prohibited forced labour and child
exploitation. In addition, Law 1139 of December 2018 had repealed the norm allowing
children under 14 years of age to engage in employment.
497. To conclude, the Plurinational State of Bolivia reaffirmed its commitment to the
protection and promotion of human rights and to the consolidation of a culture of peace and
democracy in the country.
2.
General comments made by the national human rights institution of the State under
review
498. The Defensoria del Pueblo stated that the conduct of the Government had led to
systematic human rights violations that had resulted in 35 people killed, 833 wounded and
1504 detained. It highlighted the existence of political and judicial persecution against the
former authorities, through the abusive use of criminal charges such as those of sedition,
terrorism and breach of duties. It also reported persecution against journalists not aligned
with “official information” and stressed that the national mechanism for the prevention of
torture was not independent. It requested that the Plurinational State of Bolivia be urgently
visited by the special rapporteurs of the Human Rights Council and that OHCHR be
reinstated in the country. It also called on OHCHR to promptly issue its report on human
rights violations in the post-electoral conflict.
GE.
81
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