CCPR/C/79/Add.74 page 4 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women continue to receive unequal treatment in Bolivia owing in part to the continuation of traditional attitudes and outdated laws that clearly contradict the provisions of the Covenant.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

Select target paragraph3