IACHR and RFOE: Bolivia Must Respect Inter-American Standards During Protests

February 2, 2024

Washington, D.C. — In response to the demonstrations in Bolivia that began on January 22, 2024, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Freedom of Expression (RFOE) remind the State of its obligation to respect inter-American standards on freedom of association, peaceful assembly, and expression, and to take effective measures to promote dialogue and reduce the polarization of politics in the country.

Following the decision of the Plurinational Constitutional Tribunal (TCP), which extended its mandate and that of other legal authorities, various social groups organized public demonstrations to demand judicial elections in accordance with the requirements of the Constitution. These protests are taking place in different parts of the country in an atmosphere of extreme political polarization following a recent decision by the TCP, which concluded that the Bolivian Constitution does not allow indefinite presidential re-election.

These protests included the blocking of highways in several regions of the country. They were particularly concentrated in the departments of Cochabamba, Oruro, Potosí, La Paz, and Santa Cruz. On at least one occasion, the National Police Force used gas to break up some of these blockades. In other places, there have been confrontations between civilians and police officers, resulting in at least 32 police officers being injured. On January 27, three police officers were injured, and at least nine people were detained in Potosí. Two people have died, allegedly as a result of the roadblocks. The State has announced possible investigations targeting the leaders of the demonstrations.

The IACHR has taken note of announcements concerning alternative routes, solidarity flights, and ambulances with dry food for people stranded at the demonstration sites. It has also observed that the State has made efforts to include matters relating to the events that motivated the protests in the parliamentary debate, particularly the issues related to the judicial elections. Finally, the Ombud has called upon the demonstrators to allow the movement of the people affected by the blockades.

IACHR and RFOE observed that social protest is essential to the existence and consolidation of democratic societies and contemplates the exercise of freedom of expression, peaceful assembly, and association. Restrictions on this right may not be based on the content or form of the peaceful assembly in question or on official views as to its legitimacy.

Any restriction of this right must strictly comply with the requirements of legality, necessity, and proportionality. In this sense, the State must adopt measures to protect those who exercise their right to protest and to guarantee the rights to life, integrity, health, and conditions for the provision of essential supplies for the entire population.

IACHR and RFOE urged the authorities to refrain from issuing statements that stigmatize the protest or those participating in it. Official stigmatization of the protest hinders dialogue and may exacerbate violence against certain sectors of the population.

The IACHR has observed the historical social tensions in Bolivia that have led to the polarization of politics and acts of violence, especially in times of social conflict. In this context, it is the duty of the State to generate a process of broad, constructive, and diverse dialogue to prevent acts of discrimination and create spaces of consensus that are essential for building a sense of a diverse but shared future. This polarization contributes to institutional weaknesses and structural challenges in the justice system. The State must prioritize addressing these issues.

The IACHR once more called upon the State, particularly the Plurinational Legislative Assembly (ALP), to guarantee judicial elections and adopt effective measures to guarantee the independence of the branches of government and the proper functioning of the justice system in compliance with inter-American standards.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 027/24

11:20 AM