A/HRC/14/7
incorporation into the new Penal Code, which would be finalized in March 2009. Bolivia
had five drafts of the law on the prohibition of all forms of racial discrimination and its
elimination, and the approval of one of them in the new Legislature was imminent. In
addition, the Ministry of Culture, through the Vice-Ministry of Decolonization, had
prepared guidelines for a plan of action against racism and discrimination, emphasizing
access to education, public works and justice.
60.
Indigenous justice was independent, impartial and public. It was speedy, oral and
socially harmonious. It addressed damages, managing conflict with absolute regulatory
capacity in a social communitarian environment, without State intervention or bureaucracy.
It was a self-managed system, consensual and based on values recognized in the
Constitution. It had been applied in the past in rural areas by native, indigenous and peasant
authorities, with the participation of the community and its administration councils. It had
now been incorporated into the draft law on the delimitation of ordinary jurisdiction and
native indigenous peasant jurisdiction, with mechanisms for cooperation and coordination
that had no impact on due process. Unfortunately, distorted information had resulted in
misunderstandings concerning this practice, in which it had been confused with practices
that violated human rights, such as lynching. Lynching is not a form of indigenous justice
from any perspective, and it will be considered a crime of collective assassination in the
new Penal Code.
61.
The new Constitution contemplated that it was the duty of the State and society to
guarantee the priority of the interests of children and adolescents, the pre-eminence of their
rights, their need for protection and rescue, and their right to the timely administration of
justice, through specialized personnel. The Constitution prohibited all forms of violence
against children and adolescents, their forced labour and their exploitation. Bolivia had a
Children’s Ombudsman. The Code on Children and Adolescents was being modified to
comply with the Constitution and the Convention on the Rights of the Child. Bolivia had
also established norms concerning children’s right to identity.
62.
Bolivia was implementing the National Plan for the Progressive Eradication of Child
Labour. Santa Cruz and Beni, with its activities of sugar and chestnut harvesting, and
Potosi, with its mining, are the sites of most child labour. These were considered the worst
forms of child labour in Bolivia, with some 800,000 children in situations of informal
labour. The Ministry of Labour had been conducting inspections to verify that there was no
child labour or exploitation in those areas. Bolivia had developed a “triple-check” policy
with entrepreneurs and workers to eliminate child labour, as well as awareness-raising
campaigns on the issue.
63.
Population groups with a different sexual orientation and gender identity, lesbian,
gay, bisexual and transgender persons, were recognized and included in the national plan on
human rights. By presidential decree, June 28 had been declared the national day for people
with diverse sexual orientation in Bolivia. The Constitution forbade all forms of
discrimination, including against lesbian, gay, bisexual and transgender persons.
64.
In 2007, Bolivia had received a visit by the Rapporteur on the right to food, who had
recognized the commitment of President Morales to combating hunger and malnutrition, a
priority for Bolivia. He had also highlighted the importance of the strategy for promoting
food security and autonomy, which placed priority on local production, in particular smallscale family farmers, and of the agrarian reform, which was centred on eliminating feudal
practices. The National Council on food and nutrition had been complemented in order to
promote the new policy on food security and sovereignty. Bolivia had implemented the
“Zero Malnutrition” programme, which assists pregnant women and children under 5 years
old. Bolivia had created companies to support staple food and milk production, and had
taken legal action to achieve fair prices.
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