CCPR/C/79/Add.74
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B.
Factors and difficulties affecting the implementation of the Covenant
4.
The Committee recognizes that the State party, which is emerging from a
change of government that ended a long period of dictatorial rule, is
undergoing a transition towards democracy in which the infrastructure
necessary for the implementation of the Covenant has not been fully developed.
The Committee notes that many encouraging legislative initiatives with respect
to human rights are meeting with difficulties, and that a full assessment of
their implementation is not yet possible.
5.
The Committee notes that social and economic disparities are
all-pervasive in the country and result in high levels of poverty and
illiteracy, and lack of opportunity especially for the indigenous population,
women and the poor.
C.
Positive aspects
6.
The Committee notes with satisfaction the efforts of the Government of
Bolivia to introduce democracy and to match the country's level of human
rights protection with international standards.
7.
The Committee particularly welcomes the promulgation of the 1994
Constitution, which incorporates provisions for the protection of civil and
political rights. The Committee welcomes the Government's declared intention
to put an end to serious violations of human rights and to create a better
political, constitutional and legal framework to allow the full implementation
of the rights enshrined in the Covenant.
8.
The Committee notes with satisfaction the reform of the Penal Code which
abolishes the death penalty.
9.
The Committee also welcomes the legal reforms undertaken, notably
constitutional amendments to bring Bolivian law into conformity with
international human rights standards, the adoption of legislation to abolish
imprisonment and physical constraint for the enforcement of economic
obligations (Ley de Abolición de Prisión y Apremio Corporal por Obligaciones
Patrimoniales), the new Bail Act (Ley de Fianza Juratoria contra la
Retardación de Justicia Penal), the law against domestic violence (Ley contra
la Violencia Intrafamiliar o Doméstica), and the reforms in the legislation
governing the electoral system (Ley de Reformas y Complementacion al Régimen
Electoral), the legal aid programme (Programa de Defensa Pública) and
habeas corpus and amparo.
10.
The Committee welcomes the reinstitution after 100 years of the Ministry
of Justice, as well as the establishment of the Human Rights Department within
the Ministry of Justice and the establishment of the Gender Department. The
Committee also welcomes the creation of the necessary legal machinery to
receive complaints and manage various aspects of human rights issues,
including through the Ministry of Justice, the Parliamentary Commission for
Human Rights, Legal Aid and the Public Prosecutors Office, and the creation of
a human rights office in the Chapare area.