A/HRC/23/56/Add.1
period that preceded the enactment of Law No. 045 in October 2010. While only 22
complaints on racism and discrimination were handled during the two years prior to the
enactment of Law No. 045, between the entry into force of the Law and 30 November
2012, the General Directorate for Combating Racism received a total of 323 complaints.
Complaints relating to racism mainly covered cases of discrimination on the basis of
national or ethnic origin, skin colour, clothing and the language of the victim. 4
29.
According to the Government, a considerable proportion of complaints on racism
and discrimination concern incidents in public institutions: 24.35 per cent in education and
health institutions; 17.3 per cent in executive organs; 10.89 per cent in municipal
governments; 6.41 per cent in social organizations; and 4.4 per cent in the police. 4 The
Special Rapporteur notes that human rights training for public servants in the executive and
judicial branches would be vital to enhance the implementation of relevant laws and
policies, as well as to instil the culture of non-discrimination and tolerance. The
Government pointed out that it encouraged the adoption of internal rules and procedures
against racism and racial discrimination in all of its ministries and organs.
30.
It was stressed during the meetings with State and non-State actors that regional,
departmental and local governors and city mayors should also be a part of the fight against
racism and racial discrimination by facilitating compliance with Law No. 045 by all
relevant authorities and the implementation of the plan of action.
B.
Situation of indigenous peoples
1.
Structural discrimination
31.
The Special Rapporteur recognizes that progress has been made in recent years in
the fight against racism and discrimination against indigenous peoples and ensuring their
inclusion and integration. Still, native indigenous campesino peoples and communities
continue to suffer from structural inequality and discrimination in access to employment,
education and health care. Persistent socioeconomic marginalization, poverty and the
exclusion of native indigenous campesino peoples require more vigorous action from the
Government.
32.
Many interlocutors stressed that racial prejudice and negative stereotyping against
native indigenous campesino peoples and communities remained deeply rooted in various
parts of society. The Special Rapporteur was particularly alarmed to hear from several
interlocutors that racism and racial discrimination against indigenous peoples was still
present even within public institutions.
33.
The Special Rapporteur was informed that important legal provisions had been
introduced to eliminate racism and racial discrimination within the police. Article 6 of Law
No. 045 provides for the police to introduce a curriculum on prevention of racism, and Law
No. 101 of 2011 on disciplinary rules for the Bolivian police establishes a disciplinary
regime , and identifies relevant forms of misconduct and punishment, including for acts of
racism by police officers, that range from a fine or suspension to dismissal. The Special
Rapporteur was informed that the Police Authority had issued instructions to all its units to
ensure compliance with Law No. 045. Moreover, a special unit has been set up to receive
cases of racist crimes. Since 2009, new rules of admission to the police academy have been
introduced to facilitate the inclusion of people of all races and ethnic or national origins.
4
8
See www.noracismo.gob.bo/index.php/reporte-de-denuncia-de-racismo-y-discriminacion-de-eneroal-31-de-diciembre-2012.