A/HRC/43/45/Add.1
revenue mostly consists of funds from the Special Tax on Hydrocarbons and its Derivatives
and royalties collected by the central Government, whereas municipal governments obtain
the bulk of their revenue from national taxes (fiscal co-participation) and direct taxes on
hydrocarbons. While municipal governments are able to collect some municipal taxes, such
as taxes on rural property, urban real estate, vehicles, and transactions of these goods, they
often do not have sufficient capacity to collect taxes, and the contribution of municipal
taxes to the total revenue is rather insignificant.90
45.
The main factors that determine the allocation of revenue to subnational
governments is hydrocarbon production and population size. While the hydrocarbons tax
revenue is distributed more or less equally among the producing and non-producing
departments (with the exception of Tarija), only the four hydrocarbon-producing
departments of Cochabamba, Chuquisaca, Tarija and Santa Cruz receive royalties
according to their level of production, and two non-producing departments, Beni and
Pando, which are also the most remote departments, receive a small portion as “less
favoured” regions.91 The three most populous departments, La Paz, Cochabamba and Santa
Cruz, also receive allocations from a compensation fund, sourced from the hydrocarbons
tax revenue. This formula gives rise to an uneven and unequal distribution of resources,
whereby the producing department of Tarija receives one of the largest shares, despite its
relatively small population size.92 While the departments with a larger population size, such
as La Paz, Santa Cruz and Cochabamba, receive larger shares of the pie compared to other
departments, they receive the smallest amounts of resources per capita.93 The formula does
not take into account the different departments’ requirements in terms of resources to
reduce poverty and inequality and to improve other human development indicators. As
emphasized under principle 4 of the guiding principles on human rights impact assessments
of economic reforms, the central Government should implement appropriate crossgovernment coordination mechanisms and processes, so that subnational governments have
the necessary resources to fulfil their human rights obligations (A/HRC/40/57, para. 4.2).
The ongoing negotiations on the fiscal pact should take into consideration the scale of the
challenges that each department and municipality faces in terms of poverty alleviation
when determining the allocation of fiscal resources from the central Government.
G.
Limited transparency and access to information
46.
The principle of participation is a fundamental pillar of the Plurinational State of
Bolivia and the 2009 Constitution firmly guarantees the right of the people to participate in
the design of public policies and the administration of public fiscal resources (art. 241). The
right to participate is inextricably linked to the right of access to information, as informed
and meaningful participation is not possible without the appropriate information. Article 21
of the Constitution thus also guarantees the right of access to information.
47.
However, there are some signs that the principle of participation has been limited in
some cases, as necessary information to participate in public policymaking has not been
readily available. A lack of access to information has been observed in a variety of cases,
ranging from macroeconomic policymaking to the planning of infrastructure projects. In
particular, some stakeholders pointed out that data and figures on important indicators may
not be available publicly or in a timely manner, or that, in many cases of infrastructure
projects, information relating to the projects, conditions for loan approval and any
environmental and social impact assessment carried out are not publicly disclosed,
rendering the stakeholders’ participation in decision-making futile.94 There are a number of
90
91
92
93
94
Lykke E. Andersen and Luis Carlos Jemio, “Decentralization and poverty reduction in Bolivia:
challenges and opportunities”, Development Research Working Paper Series, No. 01/2016 (La Paz,
Institute for Advanced Development Studies, 2016), p. 9.
Ibid., p. 14.
Ibid., p. 11.
Ibid., pp. 11–12.
See, for example, Fundación Solón, “Megahidroeléctricas, ¿energía limpia o negocio sucio?”,
Tunupa, No. 107 (December 2018); Plataforma Energética, “La ruta de la presencia china en
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