CCPR/C/79/Add.74
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right to an impartial tribunal (arts. 82 and 127), the right of defence
(art. 117), the right to be tried in one's presence (art. 113) and the right
to challenge any aspect of the process (art. 128).
18.
The Committee is particularly concerned that release on bail is never
possible for those persons charged with offences that carry a penalty of two
or more years of imprisonment and that the presumption of innocence is not
respected under current Bolivian legislation.
19.
The Committee expresses concern about the lack of independence and
efficiency of the judiciary and the long delays in the administration of
justice, which do not conform with the requirements of articles 9 and 14 of
the Covenant.
20.
The Committee notes with concern the conditions in places of detention.
21.
The Committee is concerned that, despite constitutional guarantees of
the rights of women and laws attempting to put an end to discrimination, women
continue to receive unequal treatment in Bolivia owing in part to the
continuation of traditional attitudes and outdated laws that clearly
contradict the provisions of the Covenant. It further notes, that labour laws
do not protect the rights of women adequately, particularly those engaged in
domestic work.
22.
The Committee expresses its concern about the very high level of
maternal mortality referred to in the report, much of which arises as a result
of illegal abortion. In this regard, it regrets that the State party could
not provide information about the effect of laws that criminalize abortion on
this high level of deaths.
23.
The Committee is also concerned about the exploitation of children in
employment, including the practice of the “criadito” and the growing numbers
of street children.
24.
The Committee is concerned at the curtailment of the rights of members
of trade unions to the freedoms of association, assembly and expression, at
the high levels of violence against trade union members, at the intimidation
by police agents of persons taking part in peaceful demonstrations, and at the
high number of strikes that are deemed illegal. It is particularly concerned
about the incidents that occurred in Potosi and Chapare.
25.
The Committee expresses concern at the impact of violence on the part of
the security forces, which curtails the enjoyment by members of indigenous
groups of their rights under article 27 of the Covenant. In that connection,
the Committee is concerned that despite the legislation enacted to allow the
indigenous communities to enjoy the use of their traditional lands in a
communal way, discrimination and other obstacles to the full enjoyment of the
rights protected under article 27 of the Covenant continue to exist.
E.
Suggestions and recommendations
26.
The Committee strongly encourages the Government to enact the new draft
legal framework for the protection of human rights in the State party to