E/2010/43
E/C.19/2010/15
(b) Functioning of the Chaco Police Command with a view to protection of
the Guaraní people and to progress in the freeing of individuals, families and
communities;
(c) Activities of the Human Rights Unit of the Ministry of Labour,
Employment and Social Security in jurisdictions with a Guaraní population;
(d) Activities of the Inter-ministerial Council for the Eradication of
Servitude, Forced Labour and Similar Practices;
(e) Progress in community-based agrarian reform with respect to the freeing
of individuals subjected to servitude or forced labour and of captive communities on
haciendas, and to the recovery of community lands usurped by haciendas;
(f) Plans for the freeing of Guaraní individuals and communities following
the establishment of the new judicial institutions envisaged in the Constitution;
(g) Applicability of the Penal Code to those who keep individuals and
communities in conditions of forced labour or captivity;
(h) Adoption of measures for the housing and health of the freed
communities pending the recovery of their lands, and thereafter;
(i) Adoption of specific measures to combat forced labour and the sexual
exploitation of children and adolescents, and concerning the education and health of
Guaraní children and adolescents;
(j) Provision of legal services to individuals, families and communities, not
only with a view to their freedom from servitude but also after their liberation.
Comments on the dialogue
56. The representatives of the Government of the Plurinational State of Bolivia
provided further information on the constitutional framework that hinders the State
policy for elimination of the servitude of indigenous people and recovery of their
land in accordance with the provisions of the community-based agrarian reform,
reiterating the unwavering commitment of the current Government of the
Plurinational State of Bolivia to that policy. The objective includes not only the
definitive freeing of Guaraní individuals and communities, but also reconstitution of
the territory of the Guaraní people. The Government representatives made it clear
that the new institutions referred to in the questions were still at an early stage and
that the new judicial institutions envisaged in the Constitution would be established
in 2011, in accordance with the Constitution’s implementation schedule. Meanwhile,
several important agrarian land titling cases related to the freeing of Guaraní
individuals and communities are stalled before the old judicial institutions.
57. The representatives of APG, for their part, maintained that the process of
eliminating forced labour and the captivity of communities was stalled owing to a
lack of Government will concerning the necessary land titling and recovery policies.
They stressed that that elimination would not be complete until there was a true
reconstitution of the territory of the Guaraní nation. They said that the fundamental
principle governing the entire process must be self-determination and that the
essential mechanism must be the prior, free and informed consent of the Guaraní
people itself.
10
10-36959