A/HRC/43/45/Add.1
affected communities are required. In many cases, the exploitation of “renewable”
resources – such as hydroelectric power – entails a significant impact on human rights and
the environment. Although a bill on free, prior and informed consultations was prepared
and presented to the Plurinational Legislative Assembly in 2014, it has not been further
considered since then.
41.
Many of the infrastructure projects are financed by international financial
institutions and multilateral development banks, such as the World Bank, the InterAmerican Development Bank and the Development Bank of Latin America. For such
projects, the Government is required to comply with their environmental and social
safeguards. However, their environmental and social safeguards do not explicitly refer to
human rights or include a comprehensive human rights impact assessment, but deal with
specific environmental and social issues, such as the environment, gender, involuntary
settlement and indigenous peoples, in a piecemeal manner. Furthermore, while those
environmental and social safeguards tend to focus on “up-front” requirements, prior to the
approval of loans, there have been reported cases in which loans were approved even before
the necessary environmental and social impact assessments had been carried out.87
42.
Bilateral lenders such as the Chinese development banks are increasingly important
players in infrastructure projects. China has supported a number of strategic infrastructure
projects, such as the San José hydroelectric power plant and the construction of roads in
Rurrenabaque, El Espino and El Sillar. The growing importance and influence of China is
also evident from the fact that it is now the country’s biggest bilateral creditor and one of
the biggest among all external creditors.88 However, while it has significantly improved in
recent years, the regulatory framework aimed at preventing and mitigating any negative
environmental impact of the Chinese international lending and outbound investment, a
comprehensive framework for explicitly ensuring respect for and protection of human
rights is still lacking.89
43.
The implementation of infrastructure projects should be based on adequate human
rights impact assessments and the free, prior and informed consent of affected
communities. There is a clear need for comprehensive and robust legislation on human
rights impact assessments for infrastructure projects, based on international human rights
norms and standards, in order to ensure transparency and participation of and consultation
with potentially affected people in any project affecting their lands or territories and other
resources – whether they concern non-renewable or renewable resources.
F.
Insufficient and uneven distribution of revenue to subnational
governments
44.
In a decentralized system of administration, the central Government has the
responsibility to ensure that subnational governments have adequate resources to fulfil their
obligations to provide essential goods and services to the population. Pursuant to Law No.
31 on autonomy and decentralization, the administrative structure has been significantly
decentralized and departmental and municipal governments bear substantial responsibilities
to provide for public infrastructure and services. However, the level of responsibilities does
not appear to be fully commensurate with the level of available resources. The departmental
and municipal authorities have limited ability to raise their own revenue and are almost
entirely dependent on transfers from the central Government. Departmental governments’
87
88
89
14
See, for example, John Redwood, Managing the Environmental and Social Impacts of a Major IDBFinanced Road Improvement Project: The Case of Santa Cruz–Puerto Suarez Highway in Bolivia
(Washington, D.C., Inter-American Development Bank, 2012), pp. 4–5; and Rebecca Ray Kevin P.
Gallagher and Cynthia Sanborn, “Standardizing sustainable development? Development banks in the
Andean Amazon” (Boston, Global Development Policy Center, 2018), pp. 7–10.
Central Bank of Bolivia, figures as of 28 February 2019 (on file).
See Juan Pablo Bohoslavsky, “A human rights focus to upgrade China’s international lending”,
Chinese Journal of Global Governance, vol. 5, No. 1 (15 March 2019); and Ray, Gallagher and
Sanborn, “Standardizing sustainable development?”.
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