Repost: Bolivia’s 2013 Law for the Protection of Highly Vulnerable Indigenous Peoples

Recent events—the appearance of indigenous people in voluntary isolation (“uncontacted peoples”) in an oil concession block in the Bolivian Amazon—have thrust the Bolivia’s 2013 Law for the Protection of Highly Vulnerable Indigenous Peoples (Ley de protección a Naciones y Pueblos Indígenas Originarios en situación de alta vulnerabilidad; Ley 450) back into the spotlight. Despite some initial movement in 2014, the Bolivian government has not issued the regulations for Law 450, a required step in its implementation, and “the government institution created by that law and responsible for instituting such measures, the Dirección General de Protección a Naciones y Pueblos Indígena Originarios (DIGEPIO), does not exist.”

To provide background on this law, I’m reposting Bolivia Information Forum’s article on the law, archived obscurely here. (Full disclosure: I wrote it.) The full text of the law (es) is available here.

Law for the Protection of Highly Vulnerable Indigenous Peoples

In November [2013], Bolivia’s legislature passed the Law for the Protection of Highly Vulnerable Indigenous Peoples. This extends special protection to isolated indigenous peoples, as well as others who face severe threats to their health, territory or capacity to protect their culture. There are seven indigenous cultures that are believed to include people living in isolation, unconnected to the broader society. According to a recent report by the International Working Group on Indigenous Affairs, as many as 21 indigenous peoples could be termed as being at high risk from ethnocide. While a handful of large indigenous groups make up half of Bolivia’s population, these small groups represent less than 0.3%.

The term “voluntary isolation” describes groups of indigenous peoples who have either never had contact with those outside their culture or who actively refuse any such contact, sometimes by force. In the case of the Araona, the Esse Ejja, the Yuki, the Pacahuara, the Ayoreo and the Yuracaré, only a limited number of families have chosen to live in isolation. As in many countries, most Bolivians who fit this description have had highly traumatic encounters with outsiders, including experiences of enslavement, kidnapping of their children, massacres, and devastating epidemics from diseases previously unknown to them. There were unwanted incursions by missionary expeditions up to the 1980s and more recently by those seeking to exploit raw materials. In 2008 loggers murdered at least two Pacahuaras.

The right to live in voluntary isolation is recognised by the UN Declaration on the Rights of Indigenous Peoples (incorporated into Bolivian law in 2007). The Inter-American Court on Human Rights has ordered Peru and Ecuador to take precautionary measures to safeguard the areas where uncontacted groups live from outside threats. The Toromona people in the Madidi National Park have been protected since 15 August 2006. In 2011, a summit convened by the Confederation of Indigenous Peoples of Bolivia (CIDOB) urged the government to create similar zones for the Ayoreo, Pacahuara, and T’simane people. Most of these zones are threatened not just by the activities of outside individuals but by exploration activities in oil and gas concessions that overlap with their territories.

The law creates a new government agency [Dirección General de Protección a Naciones y Pueblos Indígena Originarios-DIGEPIO] charged with protecting indigenous peoples whose “physical and cultural survival is extremely threatened.” Its main task is to develop and implement protection strategies, including exclusion zones, emergency health services and disease monitoring, environmental restoration, and cultural revitalization initiatives. Under the terms of the law, those exploiting natural resources are expected to follow these rules.

EnfrentamientoPanduro-Aug16-AFP

Cooperative Mining Protest leaves Vice Minister, Five Protesters Dead in Bolivia

Vice Minister Rodolfo Illanes, in charge of Bolivian security forces within the Ministry of Government, was killed Thursday night after being held captive by protesting cooperative miners. Illanes was part of a negotiating team sent arrange talks with a national protest campaign. He went to Panduro, a town on the La Paz–Oruro highway, Thursday morning, where he was taken hostage by members of the Federation of Cooperative Miners (Fencomin). Later in the day, he was brutally beaten to death and then left on the side of the highway. His capture and death came on the second of two deadly days of confrontations between miners and police attempting to disperse their blockades of Bolivia’s principal highways.

Recent confrontations around the government’s effort to clear road blockades by cooperative miners have been unusually violent and intense. Two miners died of gunshot wounds on Wednesday at Sayari (on the Oruro–Cochabamba highway), Fermín Mamani (25 years old) and Severino Ichota (41), according to national government prosecutors who have opened investigations of their deaths. A third, Rubén Aparaya Pillco, was reportedly shot dead on Thursday at Panduro, near where Illanes was being held. At two more miner’s lives were cut short: Freddy Ambrosio Rojas (26) died on Saturday after suffering severe injuries while holding dynamite at the Panduro confrontation. Pedro Mamani Massi (41) suffered a gunshot to the head and suffered brain death in the hospital;  he remains on life support without prospect for recovery. he died on September 1 and was mourned by his family in El Alto.

As part of my research, I have been compiling a database of deaths in political conflict in Bolivia during the current (post-1982) democratic period. This work is still in process, but can help to put current events into context. This week’s events make 2016 the deadliest year since 2008, with 13 fatalities. In February, six municipal workers died in the city hall of El Alto (the nation’s second largest city) as the result of an arson attack by protesters. In January, soldiers beat a trucking worker to death during a pressure campaign by that sector.

Deaths in Bolivian protest have been less common under the presidency of Evo Morales than in the past and killings by state security forces (army and police) make up a smaller fraction of deaths than under Morales’ predecessors. We’ve identified 91 deaths during Morales’ ten years in office (including those this week), and fewer than a third of them were carried out by security forces. Meanwhile, at least twenty-one deaths under the Morales administration have come in conflicts among mineworkers or between mineworkers and community members: 16 in 2006, two in 2008; one in 2012; and two in 2015. Two cooperative miners were killed by police during 2014 protests in Cochabamba, during a confrontation in which police were also taken hostage. Altogether, four members of the police or military have died in political conflicts since 2006. Vice Minister Illanes is the first senior official to be killed.

This confrontation does not herald a general confrontation between state and society or among larger political forces. No other sectors have joined Fencomin’s protests and the group is at odds with waged mine workers who play a key role in the national labor movement. Cooperative miners are longtime allies of the MAS government, backed President Morales’ re-election in 2014, and endorsed another term for him as recently as May.

Since 2009, the most intense conflicts in Bolivian society have occurred within the broad grassroots left coalition that backed the rise of Evo Morales to power. The government has routinely alleged that protests from within the grassroots left have an anti-government political agenda, and did so again this week, but these claims are often unsubstantiated. The 2006-08 conflict between the Morales government and secession-oriented right-wing movements has long since concluded, and is unrelated to the current protests.Read More »

ClimateJustice-Manila

What’s at stake in the Paris climate talks

Addressing climate change is one of the most important collective decisions facing us as humans living in 2015. Based on decisions made in the next two weeks, the states of the world will either commit to restrain global climate change to under 2° Celsius above pre-industrial levels, or plan for modest reductions in pollution that still put us on track for 4°C of warming by 2100 (with greater increases beyond that).

Let’s assume you know the importance of this choice in theory, but maybe not in its details. Or even that you knew what the major risks of a 4°C warmer world back when the climate talks were held in Copenhagen, but haven’t updated your knowledge since then. Or that you know, and want something to share with those who don’t. Here are some places to get informed, in way that speaks to the immensity of the risks ahead, relatively fast…

And when you’re wondering how to feel about all this, read these for some company in the face of stark realities:

Some facts to dispel your #QuinoaGuilt

This juicy news summary from the Guardian may be the least accurate thing you will ever read about quinoa in Bolivia: “Bolivian and Peruvian farmers sell entire crop to meet rising western demand, sparking fears of malnutrition.” Here’s why:

  • Quinoa farmers (a tiny regionally concentrated minority of Bolivian farmers) have traditionally and continue to set aside a percentage of their quinoa crops for personal use. If they are consuming any less, it’s because they can now afford to buy more fruit and meat than ever before. Source: Los Tiempos, June 2012.
  • Despite the #QuinoaGuilt narrative that “Fewer Bolivians can afford it,” domestic consumption of quinoa in Bolivia tripled in the four years to 2012  Source: La Razón.  Consumption in 2013 was even higher, up by 66%, to 20,000 metric tons due to heavy investment and promotion. Source: La Razón. Bolivian urbanites are eating more quinoa because of diminished stigma around it being an “Indian food.”
  • The government is actively promoting quinoa consumption among the poor, by including it in pre-natal nutrition and school lunch programs.
  • Prices in the domestic market are a public policy issue, prompting government investment to increase supply, as well as the free distribution programs mentioned above. While prices continued to rise in 2013, they hope the much larger cultivation area will lower prices this year.
  • Extreme poverty has plummeted from 38% to 22% of the Bolivian population. Heavy malnutrition once affected 32.7%, but not it affects 24%. Source: La Prensa and the FAO. These gains are driven by faster growth and stronger redistribution of wealth.
  • Compared with other major export crops, quinoa production is carried out by smaller, more sustainable farmers whose lives are more improved by the increased income. These small farmers’ associations capture more of the sale price than do farmers in more mechanized sectors like soybeans and oils.

See also: Further information from the Andean Information Network.

 

The State of Human Rights in Bolivia: The UN View

This is an expanded and hyperlinked version of an article I contributed to Bolivia Information Forum’s News Briefing service. Please support BIF’s appeal for funds to continue its valuable work.

Bolivia’s record on human rights came up for review by the United Nations’ Human Rights Committee* during its October session. As a state party to the International Covenant on Civil and Political Rights, Bolivia submits a report on its performance every five years. The Committee looked at that report and submissions from numerous human rights organizations in drafting a series of recommendations (Concluding Observations [es] | all documents from the process). In the UN committee’s view, the state of political freedom and social equality in the country is an uneasy balance between ambitious new legislative protections and inadequate practical implementation of national and international norms.

The Bolivian government has passed new laws to guarantee rights and combat discrimination, including norms against racism and other forms of discrimination (2010), violence against women (2013), and gendered political harassment (2012). While some regional commissions on racism are operating, the regulations to protect women from violence are still pending. A law on consultation with indigenous communities is also pending. The Committee criticized Bolivia for failing to respect the right to free, prior, and informed consent on projects and laws that affect indigenous peoples and their territories.

The Committee’s strongest criticisms refer to Bolivia’s overwhelmed criminal justice system. Investigations and prosecutions are slow, while prisons are overcrowded to 230% of their capacity. Four out of five people in Bolivia’s jails are awaiting trial, and the Committee suggested that alternatives like house arrest and location monitors could see many of them released. It said that those who remain should have the right to be housed separately from convicted criminals. A government amnesty plan is underway, but progress remains slow. Delays in prosecution are also creating a situation of impunity for those responsible for racist attacks perpetrated in 2008, the murder of two women council members in 2012, and police repression at Chaparina and Mallku Khota, among others. The Committee also urged further action to combat lynchings, as well as corporal punishment carried out in the family and traditional spheres of the justice system.

The Bolivian armed forces and police were singled out in a number of observations.  A series of revelations of brutal treatment of conscripts and of beatings of prisoners have generated controversy, but there have been few successful prosecutions.  The Committee also urged opening military records from the dictatorship era (between the mid 1960s and early 1980s), and the creation of an alternative to military service for conscientious objectors.

Finally, the UN Committee urged expanded protection of rights on several fronts.  It argues that the current obligation for women seeking a legal abortion (in cases of rape, incest, and medical necessity) to get a judge’s backing contributes to maternal mortality and should be eliminated. It also urged new action to free hundreds of Guaraní families still trapped in servitude, and to criminalize violence against sexual minorities and transgender people.

* This Human Rights Committee is a body established by article 28 of the International Covenant on Civil and Political Rights.

Bolivia’s political landscape 2012: Departments and Municipalities

Summary: The governing MAS party has greatly expanded its legal influence at the regional and local level since surviving the political crisis of 2008. It extended its reach even beyond its electoral successes of April 2010 by way of savvy parliamentary maneuvers and by pushing aside opponents under indictment. However, in localities like Sucre and Quillacollo, it has been unable to convert interim office-holding into a new electoral majority. Instead, 2011 saw increased frustration with the national party from within parts of its left grassroots base. At the Departmental level, the MAS has put representatives or allies into the governor’s chair, but indigenous delegates have acted independently to lead Legislative Assemblies in two departments.

much more after the jump

Read More »

A Tale of Two Bolivian Mayors in Trouble with the Law

The following post was written on 3 August 2010 and distributed elsewhere. Since then, two of the three non-MAS governors have been suspended following indictment. At the municipal level, a complicated sequence of indictments, suspensions, public pressures, and (finally in December 2011) special elections have played out. I’m reposting this as background to the politics of recent months.

Under Bolivian law, public officials under indictment may be removed from office. This has created a cascade of controversial suspensions and resignations across the country. So far, the most dramatic cases have been the mayors of Sucre and Potosí, whose very different crimes illustrate the broad scope of the law, and the consequences (perhaps unexpected) of multiple laws that reduce public officials’ discretion.

On April 4, Sucre elected Jaime Barrón as its new mayor. Barrón, the rector of the country’s oldest university had headed the Inter-Institutional Committee, something like an expanded Chamber of Commerce. The Committee threw itself into the political arena in 2006, demanding that all governmental powers be restored to the small, colonial city, and allying itself with the right-wing political opposition in the east of the country. Protests in support of this demand escalated into attempts to shut down the Consituent Assembly, and physical attacks on MAS-affiliated members of the assembly, particularly female representatives who wore traditional indigenous dress.

In May 2008, the Inter-Institutional Committee mobilized again, this time to prevent President Morales from coming to Sucre to attend a ceremony distributing ambulances to rural mayors in Chuquisaca, the department of which Sucre is the capital. Clearly under orders to show maximum restraint, the national police withdrew from the stadium where they were confronted by angry crowd, consisting in large part of students from Barrón’s university. Evo Morales cancelled his visit, leaving the peasant leaders who came to Sucre to endure the crowd’s wrath. That wrath played out over the ensuing hours, during which many of the peasants were surrounded inside a house, threatened with death, and escorted downtown by the crowd. In the central square, on live television, they were publicly humiliated, stripped to their underwear, forced to kneel, to kiss the colonial Chuquisaca flag, and to chant anti-Evo and anti-MAS slogans, under pressure of kicks and blows. The day has become one of the most infamous examples of racist violence in recent Bolivian history.

Pro-MAS informants I interviewed a month later claimed that Barrón used the university to encourage and organize students into such militant street groups. César Brie’s documentary on the day’s events shows Barrón as part of an Inter-Institutional Committee delegation that arranged the police force’s departure. And an a parliamentary inquiry found that Barrón joined in May 20 planning meeting to prevent Morales arrival, supplied transport in official university vehicles and weapons to the clash groups, and observed without intervening the public humiliation.

As a result, prosecutors indicted Barrón for a number of crimes in late April. Barrón took office the following month, but quickly ran afoul of the Municipalities Law, whose Article 48 forbids formally indicted officials from remaining in office. The Municipal Council formally removed Barrón on June 23, and controversially voted to replace him with a member of the MAS party, Verónica Berríos. For one chaotic day, June 24, supporters of Barrón and his PAÍS party stormed into the CIty Hall and physically prevented Berríos from entering the Mayor’s Office. Berríos announced her willingness to govern the city from an office in an outlying district strongly aligned with her party. However, the following day, Barrón called on his forces to pull back and recognized his own suspension. Nearly a month later, he announced his final resignation from office, thereby requiring a new election to fill the office (Berríos is only the Interim Mayor). That, however, is five months away fifteen months away.

Orchestrating a public, physical attack on one’s political opponents is one extreme of the application of the “suspension of authorities” provision of Bolivian law. At the other extreme is the current situation of Potosí’s mayor, René Joaquino. Joaquino is the founder of the independent left party Social Alliance, and has served as the highland city’s mayor since 1996. He, too, is under indictment, but in his case the charge is the irregular purchase of used cars for the Municipality, in 2006. Joaquino does not deny the purchase, which he claims saves the municipal government money over the previous practice of renting vehicles. A demonstration in support of him in April included the public display of the municipal vehicles involved.

Last week, the issue reached the suspension stage in Potosí’s city council, in which supporters of Joaquino have a majority. However, they felt themselves constrained by a provision of law which allows public officials to be sued for “fulfillment of responsibilities” if they fail to carry out their legal mandates. In an attempt to prevent Joaquino’s suspension, scores of his supporters also massed into city hall, and conducted a sit-in to prevent the City Council from meeting. The following day, the Civic Committee of Potosí (Comcipo) began a department-wide strike and road blockade campaign over a series of unrelated regional demands. The national government, however, has accused Comcipo of conducting the strike in political support of Joaquino. Comcipo representatives completely discount this, saying if Joaquino is convicted, he must go to jail. The prosecutor, likewise, denies political motivations in making the used car purchasing charge.

Looming on the horizon are a series of potential prosecutions of primarily opposition lawmakers. The most directly political of these involve the 2008 referendums held in the media luna departments (Santa Cruz, Beni, Pando, and Tarija) to approve their controversial statutes of autonomy. At the time, the government and the indigenous/popular movement held that these votes were unconstitutional and boycotted the votes. Recently, the prospect of holding the departmental governments, and their highest officials, liable for misuse of public funds in holding these referendums has come ever closer to reality. This would involve putting sitting governors of three departments—which is every governor not belonging to the MAS—on trial.

Somewhere between the alleged crimes of Jaime Barrón and of René Joaquino lies the boundary of “high crimes.” However, in today’s Bolivia, indictment rather than impeachment is the mechanism for suspending officials from office, and a lower standard is in play. Political conflicts are increasingly being played out in the prosecutor’s office. And formal complaints are often threatened or filed in the midst of verbal disputes between politicians. (For instance, Ruben Costas, who also could be indicted for the Santa Cruz referendum, baselessly accused Vice President Álvaro García Linera of narcotrafficking, for which the Vice President has now presented a charge of defamation.) At the same time, both these cases illustrate that public protest, outside or inside City Hall, also determines the outcome of these political struggles.