Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law establishes penalties of imprisonment for 15 to 20 years for the rape of an adult (man or woman). Domestic abuse resulting in injury is punishable by three to six years’ imprisonment, and the penalty for serious physical or psychological harm is a five- to 12-year prison sentence. Despite these legal provisions, the NGO Community of Human Rights reported two-thirds of domestic violence cases were closed without action, and the conviction rate of the remaining cases was less than 1 percent.
The law prohibits domestic violence, but lack of training on the law and slow judicial processes, among other factors, continued to hinder the law’s full implementation, according to the UN Entity on Gender Equality and the Empowerment of Women (UN Women) and human rights groups. Domestic violence was the most frequently committed crime in the country, according to the National Observatory of Public Safety. According to a survey conducted by the local NGO Coordinator of Women, 50 percent of women were victims of a violent crime some time in their lives; two-thirds of these women suffered violence in their own home. A 2017 UN Women report affirmed that 92.7 percent of women suffered psychological abuse at some point in their lives.
The law criminalizes femicide, the killing of a woman based on her identity as a woman, with 30 years in prison. Activists said corruption, lack of adequate crime scene investigation, and a dysfunctional judiciary hampered convictions for femicide. According to the Public Ministry and media reports, 114 femicide convictions were registered during the year, and nine sentences for femicide were issued from January to May.
According to the Special Force to Combat Crime (FELCC), on May 18, Ruben Marquez Bautista and Ruben Aravito Chiri, two police officers from Santa Cruz, kidnapped Rigoberta Barrios, killed her by suffocation, and hid her body in a cement-filled barrel. Jhonny Aguilera, director of the FELCC of Santa Cruz, reported Marquez had an 11-month-old daughter with the victim. He stated that before the woman was killed, she had asked Marquez for financial support for their child.
Women’s rights organizations reported police units assigned to the special force did not have sufficient resources and frontline officers lacked proper training regarding their investigatory responsibilities. Women’s organizations also reported domestic violence victims received poor representation from public defenders and generally abandoned their cases after they languished in the justice system for years. On average it took three years for a domestic violence case to conclude. Once the case was closed, the victim was often responsible for the legal fees. The lack of public services, lengthy judicial process, and financial burden discouraged most women from reporting domestic abuse by their spouses.
The law calls for the construction of women’s shelters in each of the country’s nine departments. The municipalities of La Paz and Santa Cruz both had temporary shelters for victims of violence and their children. Human rights specialists explained the shelters for domestic violence survivors were not well staffed, did not promise anonymity, and could not provide protection from abusers.
Sexual Harassment: The law considers sexual harassment a civil offense. There were no comprehensive reports on the extent of sexual harassment, but observers generally acknowledged it was widespread (see also section 3, Participation of Women and Minorities).
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law provides for the same legal status and rights for women as for men, but women generally did not enjoy a social status equal to that of men. While the minimum wage law treats men and women equally, women generally earned less than men for equal work. Additionally, antidiscrimination laws were not uniformly or effectively implemented to protect women from harassment and political violence (see also section 3, Participation of Women and Minorities).
Birth Registration: Citizenship is derived both through birth within the country’s territory (unless the parents have diplomatic status) and from parents. The 2015 civil registry–the most recent available–indicated 56 percent of citizens were registered within one year of their birth and 97 percent by age 12.
Child Abuse: Rape of a child younger than 14 carries a penalty of 20 to 25 years’ imprisonment. The penalty for consensual sex with an adolescent 14 to 18 years old is two to six years’ imprisonment. The Attorney General’s Office reported 58 cases of infanticide between January and August 2018. The penal code defines infanticide as the killing of a child younger than 13.
Early and Forced Marriage: The minimum age for marriage is 14 for girls and 16 for boys. Minors’ parents or guardians must approve marriages between adolescents younger than 18.
Sexual Exploitation of Children: Commercial sexual exploitation of children is punishable with 15- to 20-year prison sentences but remained a serious problem. The law also prohibits child pornography, punishable with 10- to 15-year sentences.
Displaced Children: UNICEF reported in 2015 that 20,000 to 32,000 minors lived in shelters after their parents abandoned them.
Institutionalized Children: Child advocacy organizations reported abuse and negligence in some government-run shelters. The La Paz Department Social Work Service confirmed that of the country’s 380 shelters, including centers for abuse victims, orphans, and students, only 30 had government accreditation for meeting minimal standards.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish population numbered fewer than 500. There were no reports of anti-Semitism.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law requires access for wheelchair users to all public and private buildings, duty-free import of orthopedic devices, and a 50 percent reduction in public transportation fares for persons with disabilities. The law also requires communication outlets and government agencies to offer services and publications in sign language and braille. The government did not effectively enforce these provisions.
A national law to protect the rights of persons with disabilities exists, but it lacked full implementation. Official action was rarely taken to investigate, prosecute, and punish those responsible for violence against persons with disabilities.
Architectural and infrastructure barriers prohibited ease of movement in urban areas for individuals with physical disabilities. There were advances, however, in the public transportation sector in the city of La Paz. The city bus and gondola system was substantially expanded during the year and provided accommodations for persons with disabilities.
The law stipulates that persons with “serious and severe” disabilities are entitled to 250 bolivianos ($37) per month. The law requires both public and private institutions to employ a certain percentage of workers with disabilities.
On February 19, Tatiana Moroco, director of the office of the ombudsman in Oruro, reported a three-year-old boy with Down syndrome was abandoned at the San Jose tin and silver mine. Moroco stated her office suspected attempted infanticide and believed the child was going to be sacrificed. On April 12, police apprehended the father of the child and was holding him in pretrial detention on infanticide charges.
The 2012 census established the existence of 23,300 Afro-Bolivians. Afro-Bolivians in rural areas experienced the same type of problems and discrimination as indigenous persons who lived in those areas. Afro-Bolivian community leaders reported that employment discrimination was common and that public officials, particularly police, discriminated in the provision of services. Afro-Bolivians also reported the widespread use of discriminatory language. The government made little effort to address such discrimination.
In the 2012 census, approximately 41 percent of the population older than 15 self-identified as indigenous, primarily from the Quechua and Aymara communities. The Morales government facilitated major advances in the inclusion of indigenous peoples in governmental posts and in society writ large.
Indigenous communities were well represented in government and politics, but they continued to bear a disproportionate share of poverty and unemployment. Government educational and health services remained unavailable to many indigenous groups living in remote areas.
Indigenous lands were not fully demarcated, and land reform remained a central political problem. Historically, some indigenous persons shared lands collectively under the ayllu (traditional form of a community) system, which did not receive legal recognition during the transition to private property laws. Despite laws mandating reallocation and titling of lands, recognition and demarcation of indigenous lands were not completed.
In July 2018 the indigenous people of Beni Department stated the government was unlawfully developing land they hold sacred. Persons from Trinidadcito, an indigenous community with 42 families in rural Beni, gave testimony regarding the negative effects of the construction of a road through Isiboro Secure Indigenous Territory and National Park. According to their complaint, the Morales government was promoting policies that would lead to the dispossession of their ancestral lands and failed to respect the constitution.
The law prohibits discrimination based on sexual orientation and gender identity. The law allows transgender individuals to update their name, gender marker, and photograph to reflect their gender identity on all legal identification cards and birth certificates.
The human rights ombudsman reported in 2017 that the government registered 64 killings of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in the previous 10 years. Authorities investigated 14 cases, but the courts had not sentenced anyone for these crimes.
According to activists in the LGBTI community, violence against transgender persons decreased due in part to better community awareness of LGBTI issues. For example, the Santa Cruz police commander regularly received updates from LGBTI activists concerning the violence and social problems the community faced. Moreover, the commander allowed transgender individuals who were incarcerated to be held in areas in accordance with their gender identity.
LGBTI persons faced discrimination in the workplace, at school, and when seeking to access government services, especially in the area of health care. Transgender individuals remained particularly vulnerable to abuse and violence. The Bolivian Coalition of LGBT Collectives reported in 2016 that 72 percent of transgender individuals abandoned their secondary school studies due to intense discrimination. Transgender activists said a majority of the transgender community was forced to turn to sex work because of discrimination in the job market and unwillingness on the part of employers to accept their identity documents and professional licensures. Activists reported police targeted transgender individuals who were sex workers.
Elderly LGBTI persons faced high rates of discrimination when attempting to access health-care services. There were no legal mechanisms in place to transfer power of attorney to a same-sex partner.
According to human rights activists in Cochabamba, in March when a woman who was raped in a taxi reported the crime, police would not register her case and instead focused on the fact that she identified as a lesbian. According to the victim, she was repeatedly asked about her sexuality and forced to retell her traumatic assault to multiple officers. The victim and the human rights organization believed her case was not taken seriously because she self-identified as a lesbian.
Although the law prohibits discrimination against persons with HIV/AIDS, pervasive discrimination persisted. Ministry of Health authorities reported discrimination against persons with HIV/AIDS was most severe in indigenous communities, where the government was also least successful in diagnosing cases.
Activists reported discrimination forced HIV-positive persons to seek medical attention outside the country.
Mob violence in lieu of justice was a consequence of an inefficient judicial system, among other factors. Supporters of mob violence claimed limited policing and a lack of faith in the justice system to punish criminals properly justified their actions. Although official statistics did not exist, media reports suggested mob violence in lieu of justice led to 30-40 deaths each year. The government took no formal action to combat acts of mob violence couched as “vigilante justice.”