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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Bolivia - 7th Session - 2010 Scroll to: National Report 13. The Constitution has set forth wide-ranging rights based on those outlined in inter-American and universal instruments for the protection of human rights. It defines fundamental rights; civil and political rights; the rights of native indigenous campesino nations and peoples; social and economic rights; the rights of children, adolescents and young people; the rights of the family; the rights of older persons; the rights of persons with disabilities; the rights of persons deprived of their liberty; the rights of persons of diverse sexual orientation; the rights of persons with HIV/AIDS; women’s rights; users’ and consumers’ rights; education, intercultural and cultural rights. 85. Bolivia promotes decolonized education, which gave rise to the “Yes I can” literacy programme that freed the country from illiteracy.42 In 2009, the post-literacy programme “I can go further” was introduced to ensure that adult learners remember what they learned and consolidate their knowledge. The programme includes bilingual education, providing literacy training to 24,699 persons in the Aymara language and 13,599 in Quechua. 86. Under the literacy programme, 212,078 magnifying glasses were distributed free of charge. With help from the Government of Cuba, 251,825 ophthalmological tests were carried out, mainly in rural areas, and 8,350 solar panels were provided to power the literacy centres. 87. As a result of high dropout rates in schools in previous years, the Government launched the Juancito Pinto voucher, a scheme to encourage children to remain in primary school, particularly in rural areas. From 2006 to 2008, it was issued to 4,090,494 pupils. In 2009, a further 1,872,491 pupils will benefit, thereby reducing school dropout rates from 5.3 per cent to 2.8 per cent. 88. Starting in 2008, work began on a new education curriculum that encompasses human rights principles and values such as non-discrimination and interculturality, and also promotes bilingualism.43 From 2006 to 2009, 269 new schools were built, which represents a 100 per cent increase over previously existing facilities.44 91. The Constitution recognizes education as one of the highest functions and a prime financial responsibility of the State.46 Education is compulsory and free of charge up to the secondary level. There are then State universities, also free, for further professional training. In addition, in response to the demands of teachers across the country, salaries were raised by more than 35 per cent between 2006 and 2009. 92. Community distance learning centres have been created, providing students, teachers and the community at large with access to computers and Internet and thereby to information, and facilitating communication for community development. The aim of the centres is to offer supplementary education to children, young people and adults. As of 2009, 133 distance learning centres had been established nationwide. 120. Children aged between 0 and 12 account for 26.13 per cent of Bolivia’s population and adolescents (12–18-year-olds) for 20.32 per cent. The constitutional recognition of their rights and of the State’s obligation to guarantee the best interests of children and adolescents is one of this Government’s main achievements.61 A national plan for children and adolescents is currently making its way through Congress.62 The Constitution also recognizes the importance of the family. 121. The programme to eradicate extreme poverty provides for the issuance of birth certificates free of charge for every child, thereby guaranteeing the right to an identity. The Juancito Pinto voucher, which encourages children to remain in school, is also now universally applied. 122. Health service coverage has been expanded through the implementation of the Universal Health Insurance for Mothers and Children (SUMI) scheme, and malnutrition and infant and maternal mortality have been reduced through the Zero Malnutrition programme and the Juana Azurduy voucher. 123. The Government has established a Children’s Parliament. The Parliament meets once a year and comprises 130 children elected from every constituency across the country. This encourages civic involvement and gives children a say on issues they care about. 124. It is recognized, however, that there are still difficulties in guaranteeing the rights of all children and adolescents. Bolivia submitted a country report to the Committee on the Rights of the Child, and the Committee made major recommendations on, among other things, the lack of juvenile courts, special prosecutors and policies on child labour and sexual violence against children. The Government is currently working to develop standards and State policies to meet children’s needs in these areas. 156. Bolivia has ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol) and has set up a human- trafficking and migrant-smuggling division in the Bolivian police force in major cities; the creation of such divisions in the rest of the country is still pending. 161. On the basis of an agreement between the Ministry of the Interior and the Proyecto Mundo Movimiento Laico para América Latina (World Project Latin American Lay Movement), work has been going on to create an institution for juveniles aged under 21, i.e., juveniles who are criminally liable. In this context, the General Directorate of the Penitentiary System takes responsibility for administration of this juvenile prison, which aims to promote social reintegration once sentence has been served. Also, as a matter of good practice for the prison population, round tables have been set up for dialogue with adults, young people, and children living with their parents in detention. 1. In 2009, the Committee on the Rights of the Child (CRC)7 and the United Nations Country Team (UNCT)8 recommended that the Plurinational State of Bolivia ratify OP-ICESCR and ICCPR-OP 2. In 2008, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) encouraged Bolivia to consider making the declarations provided for in articles 76 and 77 of the Convention, and acceding to ILO Conventions No. 97 and No. 143.9 2. CRC welcomed the adoption of the new Constitution in 2009.10 El UNCT indicó que la Constitución incluye derechos individuales y colectivos reconocidos en los tratados internacionales de derechos humanos. Estos últimos tienen rango constitucional, e incluso prevalecen sobre la Constitución cuando sus normas son más favorables.11 UNICEF12 and the Special Rapporteur on the right to food13 made similar observations. 5. In 2009, CRC regretted that national legislation was not in conformity with the Convention, including the Child Code (Código del Niño, Niña y Adolescente) and laws concerning corporal punishment, marriage, alternative care and juvenile justice.17 UNCT and UNICEF recommended that Bolivia strengthen the overall legal framework on child rights and child protection. 18 9.In 2009, CRC recommended that Bolivia establish a Children’s Ombudsman.23 11. CRC regretted in 2009 that the draft National Plan of Action for Children had not yet been approved, and that the draft text did not cover all the areas of the Convention or all children up to the age of 18.28 34. In 2009, CRC expressed concern that children above the age of 16 serve sentences in adult prisons in precarious conditions, and that deprivation of liberty is not used as a measure of last resort.92 UNICEF stressed in 2009, that alternatives to custodial sentencing need to be implemented. 93 It also recommended more efforts to ensure that children and adolescents are better served and protected by justice systems. 94 35. CRC was concerned that there are no systematic strategies in place to guarantee transparent adoption processes. 95 UNICEF highlighted that the mechanisms to monitor the post- adoption process are insufficient.96 CRC added that regulations for alternative care are inappropriate and that the SEDEGES (Servicios Departamentales de Gestión Social) do not have the capacity or resources to take on sufficiently their responsibility for alternative care.97 45. In 2009, CRC was concerned that HIV/AIDS is becoming a prevalent problem in Bolivia.125 El UNCT recomendó promover el cumplimiento de la Ley de SIDA a través de un reglamento específico126 y aumentar los recursos financieros proveídos por el Tesoro General de la Nación.127 47. In 2009, CRC130 and UNICEF131 were concerned at the extremely low level of sanitation coverage and the high discrepancy between urban and rural areas. The Special Rapporteur on the right to food noted that up to 43 per cent of the population in rural areas has no access to safe drinking water and 75 per cent have no sanitation.132 48. UNICEF,133 UNCT134 and CRC135 noted that the Constitution establishes free and compulsory primary and secondary education. However, CRC was concerned that not all children, particularly indigenous children, attend primary school and that some primary school fees continue to be charged. CRC was further concerned at the lack of preschools, the poor quality of education, the low transition rate from primary to secondary school and the marked gender disparity in secondary school.136 It recommended ensuring that girls and indigenous children also fully realize their right to education, and improving the quality of teacher training, particularly with regard to intercultural and bilingual education.137 UNICEF recommended, inter alia, the development of a national early learning policy and early childhood development standards.138 62. In 2009, CRC recommended that Bolivia seek technical assistance on reintegration programmes for exploited children166juvenile justice167 and follow-up to the United Nations study on violence against children (A/61/299).168 Stakeholder Compilation - To follow Accepted and Rejected Recommendations The following recommendations were accepted by Bolivia: 98 A - 8. To continue to implement the policies aimed at guaranteeing the best interests of children and adolescents, and to consider the establishment of a children's ombudsman in that context (Bangladesh); to establish an office of the children's ombudsman (Poland); A - 14. To devote special attention to protecting and promoting the rights of women and children in the processes of developing and implementing national policy (Belarus); A - 15. To reinforce the policy of promoting children's rights and the implementation of the Guidelines for the Alternative Care of Children, according to Human Rights Council resolution 11/7 and General Assembly resolution 64/142 (Brazil); 2 A - 16. To expeditiously adopt, implement and monitor policies and programmes aimed at combating the sale of children and sexual exploitation and trafficking (Slovakia); A - 22. To continue its work to eliminate discrimination against women and children among indigenous peoples (Kyrgyzstan); A - 28. To improve detention conditions in general, particularly for women and children (Italy); To take concrete measures to prevent prison overcrowding and enhance prison education and training in order to reintegrate inmates into society (Turkey); to intensify efforts to improve the situation in detention centres and prisons, with a special focus on ensuring the separation of juvenile convicts from adult inmates (Slovakia); A - 29. To ensure that all children living in detention are accorded special protection, including the nutrition, health and educational services necessary for their proper development (Austria); A - 30. To make greater efforts to protect children and women from all forms of abuse, in particular trafficking and domestic violence (Slovenia); A - 31. To take specific measures to combat domestic violence against women and children (France); to take all measures necessary to eradicate gender violence, including the classification of femicide and its adequate penalization (Netherlands); to take further measures to put an end to violence against women (Azerbaijan); A - 35. To study the possibility of seeking technical assistance in the area of reintegration programmes for exploited children and regarding juvenile justice (Malaysia); A - 36. To adopt specific measures to protect boys, girls and adolescents from all violence against them, to eradicate child labour, to combat the exploitation of boys, girls and adolescents and to prohibit all forms of corporal punishment(Costa Rica); A - 37. To strengthen measures to abolish servitude and forced labour in the country, with the assistance of the International Labour Organization, and to seek technical assistance in the reintegration of programmes aimed at exploited children, juvenile justice and follow-up to the study on violence against children (Spain); to intensify efforts to combat the manifestation of servitude (Algeria); A - 38. To continue to implement protection programmes for girls and boys, in particular to eliminate child labour (Chile); to take effective measures to protect children from exploitative forms of labour and work in hazardous areas (Germany); to urgently adopt and implement measures to address child labour, in particular its exploitative forms (Slovakia); A - 49. To take steps to reduce the use of pre-trial custody, to increase alternatives to imprisonment and to develop policies to protect the best interests of children with a parent in detention (Austria); A - 64. To share experiences in the implementation of the Zero Malnutrition Programme and the Juana Azurduy voucher programme, which has reduced the maternal mortality and child malnutrition rates (Bangladesh); A - 70. To continue to make efforts to sustainably increase coverage and benefits under the Bono Juana Azurduy voucher system with a view to reducing levels of maternal and infant mortality and chronic malnutrition among children under the age of 2 (Colombia); Bolivia did not reject any recommendations
10th February, 2.30pm to 5.30pm
Compilation of UN information
Summary of Stakeholder compilation
Accepted and rejected recommendations