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Bolivia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Indigenous People

On June 30, the IACHR reported it opened a process against the state for human rights violations committed during the Morales government against indigenous communities of Isiboro Secure National Park and Indigenous Territory while constructing the San Ignacio de Moxos-Villa Tunari highway. The petition was originally submitted by 64 indigenous communities in 2012 and supported by the Bolivian Forum on Environment and Development and the NGO Earth Rights International two years later. The petition accused the Morales government of taking “decisions and legislative and administrative actions without consulting or obtaining the consent of the indigenous people” and later “taking measures of force and repression against the VIII Indigenous March in the town of Chaparina in 2011.”

An August 20 report by Amnesty International expressed concern for the rights of indigenous communities that were disproportionately affected by the COVID-19 pandemic. A June report from the Ombudsman’s Office warned of a lack of public-health policy to protect indigenous peoples from COVID-19 and a stigmatization and risk for indigenous communities in a situation of voluntary isolation as a means of protection against the COVID-19 virus.

In the 2012 census, approximately 41 percent of the population older than 15 self-identified as indigenous, primarily from the Quechua and Aymara communities.

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.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation based on race, sex, gender, disability, religion, political opinion, national origin or citizenship, language, sexual orientation or gender identity, HIV-positive status or other communicable diseases, or social status. Penalties were not commensurate to laws related to civil rights, such as election interference. The government did not effectively enforce the law in all sectors, and discrimination with respect to employment and occupation occurred. Women in office and female politicians faced high levels of political violence and harassment. Civil society leaders reported credible instances of employment discrimination against indigenous peoples, women, Afro-Bolivians, persons with disabilities, and members of the LGBTI community. Employers charged with discriminatory practices must offer affected employees restitution, but no cases were reported.

Women in the informal sector were not protected by formal-sector labor laws, which afford maternity benefits, breast-feeding hours, permission to work fewer hours, and more holidays than their male counterparts. Critics contended these laws encouraged companies to give preference to men in hiring.

Brazil

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Indigenous People

According to data from the National Indigenous Foundation (FUNAI) and the 2010 census, there were approximately 897,000 indigenous persons, representing 305 distinct indigenous ethnic groups that spoke 274 distinct languages.

The constitution grants the indigenous population broad protection of their cultural patrimony and use of their territory; however, all aboveground and underground minerals as well as hydroelectric power potential belong to the government. Congress must consult with the tribes involved when considering requests to exploit mineral and water resources, including ones with energy potential, on indigenous lands. Despite several proposals, Congress had not approved specific regulations on how to develop natural resources on indigenous territory, rendering any development of natural resources on indigenous territory technically illegal.

In May the government launched the second phase of Operation Green Brazil to eradicate forest fires and deter criminal activity by making arrests, issuing fines, and confiscating illegally logged wood. Nevertheless, NGOs claimed the lack of regulation along with impunity in cases of illegal land invasions resulted in illegal exploitation of natural resources. The NGO Instituto Socioambiental (ISA) reported there were more than 20,000 miners illegally extracting gold from the Yanomami indigenous lands in Roraima State. According to a report released by the NGO Indigenous Missionary Council (CIMI) in 2020, there were 256 cases of illegal invasions and exploitation of natural resources on 151 indigenous territories in 23 states in 2019. A 2019 Human Rights Watch report specifically detailed illegal deforestation in the Amazon. The report concluded that illegal deforestation in the Brazilian Amazon region was driven largely by criminal networks that had the logistical capacity to coordinate large-scale extraction, processing, and sale of timber, while deploying armed men to protect their interests. The report documented 28 killings–most of them since 2015–in which evidence indicated the perpetrators were engaged in illegal deforestation and the victims were targeted because they opposed these criminal activities. Victims included environmental enforcement officials, members of indigenous communities, or others who denounced illegal logging to authorities.

Illegal land invasions often resulted in violence and even death. According to the CIMI report, there were 113 killings of indigenous persons in 2019, compared with 135 such cases in 2018. The killing of indigenous leader and environmental and human rights defender Zezico Rodrigues in March in Arame, Maranhao, was the fifth such killing of an indigenous Guajajara in as many months. Rodrigues worked as director of the indigenous School Education Center and fought environmental crimes. According to indigenous leaders in the region, he reportedly received death threats and formally complained to FUNAI and the Federal Police.

According to FUNAI, the federal government established rules for providing financial compensation in cases of companies that won development contracts affecting indigenous lands. Illegal logging, drug trafficking, and mining, as well as changes in the environment caused by large infrastructure projects, forced indigenous tribes to move to new areas or make their demarcated indigenous territories smaller than established by law. Various indigenous groups protested the slow pace of land demarcations. In a case that lasted more than 30 years, in 2018 a court ordered the return of 20,000 acres of land to the Pankararu indigenous community in the municipalities of Tacaratu, Petrolandia, and Jatoba in the state of Pernambuco. As a result, the Federal Public Ministry instituted an administrative procedure to coordinate federal actions and prevent conflicts. It received reports of invaders cutting down trees, breaking fences, destroying gardens, and threatening members of the Pankararu community.

NGOs and indigenous people’s organizations reported higher mortality rates among members of indigenous groups due to COVID-19 than the Ministry of Health reported. According to the Institute for Environmental Research in the Amazon and the NGO Coordination of the Indigenous Organizations in the Brazilian Amazon, the mortality rate due to COVID-19 among indigenous persons on June 24 in the Amazon was 6.8 percent. In comparison, as of June 27, the ministry reported mortality rates due to COVID-19 averaged 4.3 percent, and in the northern region, where most indigenous groups lived, only 3.7 percent. Some of this discrepancy may have been due to differences in how mortality was calculated based on all indigenous persons or only those who live in indigenous territories. Many indigenous persons expressed concern that the virus, with its higher risk to older, vulnerable populations, could erase their cultural heritage by decimating an entire generation of elders. The Munduruku people, with land in the states of Amazonas and Para, reported losing seven elders between ages 60 and 86 to COVID-19. According to multiple media reports, indigenous leaders believed exposure from outside, specifically miners and loggers, and increased air pollution (due to machinery and burning deforested land) had caused aggravated respiratory health and put an already vulnerable population at higher risk of contracting COVID-19.

In July a federal court ordered the federal government to expel the estimated 20,000 illegal gold miners from Yanomami Indigenous territory to protect them from the COVID-19 spread. The Ministry of Health, FUNAI, and the Ministry of Defense sent medical missions and more than 350 tons of health supplies to indigenous territories, including more than $40 million in medical supplies to the state of Amazonas, where most indigenous groups lived. Additionally, the Health Ministry, together with state governments and FUNAI, opened five new hospital wings in the states of Para, Amapa, and Amazonas exclusively for treating indigenous COVID-19 patients. On July 8, President Bolsonaro passed a law creating an emergency action plan to support COVID-19 prevention and treatment for indigenous and other traditional populations. The plan addresses basic hygiene and medical needs. Indigenous leaders made public statements emphasizing that very few of these resources had been delivered to their communities and argued that resource scarcity resulting from the COVID-19 crisis remained a concern.

The Quilombola population–descendants of escaped African slaves–was estimated to include 6,000 communities and five million individuals, although the government had no official statistics. The constitution recognizes Quilombola land ownership rights. Nearly 3,000 communities were registered, but fewer than 140 had been granted land titles by the government.

Quilombola representatives and partner organizations reported that members of these communities suffered higher mortality rates due to COVID-19 than the rest of the country’s population. According to a partnership between the NGOs ISA and National Coordination for the Articulation of Quilombola Communities (CONAQ), the mortality rate due to COVID-19 in Quilombola communities as of June was 7.6 percent. In comparison, as of June 27, the Ministry of Health reported mortality rates due to COVID-19 in the entire country averaging 4.3 percent, and in the northern region, where a majority of indigenous peoples lived, 3.7 percent.

Quilombola communities faced systemic challenges such as endemic poverty, racism, violence, and threats against leaders and women, as well as limited access to essential resources and public policies. According to CONAQ, black populations had a higher rate of diseases that further aggravated the effects of COVID-19, such as diabetes and high blood pressure. The precarious access to water in many territories was a cause for concern, as it also hindered the hygiene conditions necessary to prevent the spread of the virus. Civil society leaders also cited concerns about food insecurity in Quilombola communities. The communities claimed that health officials were not conducting sufficient contact tracing or testing there, compared with the general population.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination on the basis of race, sex, gender, disability, religion, political opinion, natural origin or citizenship, age, language, and sexual orientation or gender identity. Penalties were commensurate with those for other analogous serious crimes, such as kidnapping. Discrimination against individuals who are HIV positive or suffer from other communicable diseases is also prohibited. The government generally enforced the laws and regulations, although discrimination in employment occurred with respect to Afro-Brazilians, women, persons with disabilities, indigenous persons, and transgender individuals. The Ministry of Economy implemented rules to integrate promotion of racial equality in its programs, including requiring race be included in data for programs financed by the ministry. According to the ILO, women not only earned less than men but also had difficulties entering the workplace: 78 percent of men held paid jobs, compared with 56 percent of women. Although the law prohibits gender discrimination in pay, professional training, working hours, occupations, tasks, and career advancement, according to NGO representatives, the law was rarely enforced, and discrimination existed.

Colombia

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Indigenous People

The law gives special recognition to the fundamental rights of indigenous persons, who make up approximately 4.4 percent of the population, and require the government to consult beforehand with indigenous groups regarding governmental actions that could affect them.

The law accords indigenous groups perpetual rights to their ancestral lands, but indigenous groups, neighboring landowners, and the government often disputed the demarcation of those lands. Traditional indigenous groups operated 842 reservations, accounting for approximately 28 percent of the country’s territory. Illegal armed groups often violently contested indigenous land ownership and recruited indigenous children to join their ranks.

The law provides for special criminal and civil jurisdictions within indigenous territories based on traditional community laws. Legal proceedings in these jurisdictions were subject to manipulation and often rendered punishments more lenient than those imposed by civilian state courts.

Some indigenous groups continued to assert they were not able to participate adequately in decisions affecting their lands. The constitution provides for a “prior consultation” mechanism for indigenous communities, but it does not require the government to obtain the consent of those communities in all cases. In October indigenous communities convened in several cities to hold a protest known as a minga to draw attention to violence in rural territories and to press for increased government attention to the 2016 peace accord implementation.

The government stated that for security reasons, it could not provide advance notice of most military operations, especially when in pursuit of enemy combatants, and added that it consulted with indigenous leaders when possible before entering land held by their communities.

Despite special legal protections and government assistance programs, indigenous persons continued to suffer discrimination and often lived on the margins of society. They belonged to the country’s poorest population and had the highest age-specific mortality rates.

Killings of members and leaders of indigenous groups remained a problem. According to the NGO National Indigenous Organization of Colombia, since the signing of the peace accord, 274 indigenous persons had been killed. The OHCHR’s February report noted particular concern for the safety of indigenous communities, particularly in the department of Cauca, where the OHCHR registered the killing of 66 members of the indigenous Nasa people. In July soldiers from the army’s Second Division allegedly killed indigenous leader Joel Aguablanca Villamizar during a military operation targeting the ELN.

Despite precautionary measures ordered by the Inter-American Commission on Human Rights, ethnic Wayuu children continued to die of malnutrition. According to a 2015 government survey, 77 percent of indigenous households in the department of La Guajira, where the largest number of Wayuu lived, were food insecure. An August Human Rights Watch report stated that the travel restrictions associated with the government’s COVID-19 national quarantine severely limited the Wayuu’s access to food.

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment or occupation based on race, ethnicity, sex, religion, political preference, national origin or citizenship, gender, disability, language, sexual orientation or gender identity, HIV-positive status or infection with other communicable diseases, or social status. Complaints of quid pro quo sexual harassment are filed not with the Ministry of Labor but with the criminal courts. There are legal restrictions against women being in employed in the construction section. The government did not effectively enforce the law in all cases. Penalties were not commensurate with laws related to civil rights, such as election interference.

Unemployment disproportionately affected women, who faced hiring discrimination and received salaries that generally were not commensurate with their education and experience. Media reported that on average women earned 12 percent less than men for the same work. In a previous year, a senior government official estimated that 85 percent of persons with disabilities were unemployed. Afro-Colombian labor unions reported discrimination in the port sector.

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The Lessons of 1989: Freedom and Our Future