A/HRC/43/45/Add.1
Plurinational State of Bolivia, many women are fulfilling unpaid responsibilities at home in
addition to their paid work. While official statistics on gender distribution of domestic work
were not made available, research conducted by regional organizations and academic
institutions point out that most unpaid domestic work falls on women.85 The
disproportionate burden of unpaid work on women and girls constitutes a significant barrier
to their full realization of the rights to work, social security, health and education.
Furthermore, Coello Cremades and Fernandez Cervantes point out that unpaid work on
women exacerbates the regressive nature of the tax system and creates a clear gender bias
in taxation, as more women perform unpaid work than men but they are subject to VAT
regardless of their income or ability to pay.86
E.
Lack of an adequate legal framework to prevent the negative impacts of
infrastructure projects on human rights
37.
Over the past 10 years or so, a number of infrastructure projects have flourished
throughout the State. Under the national Economic and Social Development Plan, the
Government has vigorously pursued mega-infrastructure projects, such as the construction
of highways, cableways, roads, dams and hydroelectric power plants. In particular, as part
of the strategy to diversify the economy, the Government has pledged to turn the State into
an energy hub in the region and has increasingly invested in hydroelectric power plants.
Many of these projects have been financially supported by multilateral and bilateral lenders
and donors, as well as by the central Government.
38.
Infrastructure projects can have a positive impact on the economy and generate real
benefits to the entire population. However, a critical precondition to ensure that such
projects do not result in violations of human rights is that robust human rights impact
assessments are properly undertaken, with meaningful consultations with affected
communities and individuals. This helps prevent or minimize their negative human rights
effects, which, in turn, reinforces the environmental and social sustainability of the projects.
39.
Some infrastructure projects have met opposition by affected indigenous and local
groups, which demonstrates that this precondition may not have been met in some cases or
that there is at least room for improvement in more effectively carrying out prior
consultations with the communities and a proper environmental, social and human rights
impact assessment.
40.
The Constitution explicitly acknowledges the rights of indigenous peoples to prior
obligatory consultation by the State with respect to the exploitation of non-renewable
natural resources (art. 30), and the rights of people affected by the exploitation of natural
resources in a particular territory to free, prior and informed consultation (art. 352).
However, the legal framework prescribing processes of prior consultation with affected
communities is ad hoc, and its application is limited to the gas and oil sectors. Furthermore,
the legal framework that applies to those sectors does not appear to adequately meet the
international human rights standards, as spelt out in the United Nations Declaration on the
Rights of Indigenous Peoples. The law does not explicitly require that the free, prior and
informed consent of indigenous peoples be obtained as a precondition in certain cases –
such as in the case of relocation of indigenous peoples from their lands or territories (as
provided for under art. 10 of the Declaration) or the storage or disposal of hazardous
materials in their lands or territories (art. 29 of the Declaration) – or that the obtaining of
free, prior and informed consent be the objective of the consultations in any project
affecting their lands or territories and other resources (art. 32 (2) of the Declaration). The
distinction between the exploitation of “non-renewable” and “renewable” resources is also
artificial and nebulous, and should not be used as a criterion for whether consultations with
85
86
Pan American Health Organization, The Invisible Economy and Gender Inequalities: The Importance
of Measuring and Valuing Unpaid Work (Washington, D.C., 2010), p. 141.
Raquel Coello Cremades and Silvia Fernandez Cervantes, “Análisis de género de la política fiscal
boliviana: propuestas para la agenda pendiente del proceso de cambio”, Revista de Economía Crítica,
no. 18 (2014), p. 145.
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