A/HRC/23/56/Add.1
status, social or economic status, occupation, level of education, disability,
pregnancy, or others with the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on equality, of the rights of every person.
12.
The Constitution ensures a wide range of collective and individual rights for
indigenous nations and peoples, Bolivians of African descent and other relevant groups and
individuals. These include (a) the prohibition and punishment of discrimination; (b)
recognition of native indigenous peasants, nations and peoples, and their rights; (c)
recognition of Afro-Bolivian people and their rights; (d) recognition of the native
indigenous campesino justice system; (e) promotion of agrarian reform and the granting of
land to native indigenous campesino peoples, intercultural communities of indigenous
peoples, Bolivians of African descent and campesino communities whose members have no
land or insufficient land; (f) provision on profit-sharing from extraction of natural resources
in the territories of native indigenous campesino peoples and nations; and (g) the right to
asylum or refuge on grounds of political or ideological persecution, and the principle of
non-refoulement.3
13.
As at February 2010, the Plurinational State of Bolivia had adopted the fundamental
laws as called for by the Constitution: the Law on Judicial Authority, the Law on the
Electoral Body, the Law on the Electoral System, the Law on the Plurinational
Constitutional Court and the Framework Law on Autonomy and Decentralization.
C.
Legislation prohibiting racism, racial discrimination, xenophobia and
related intolerance
14.
The Special Rapporteur welcomes the adoption of Law No. 045 against Racism and
All Forms of Discrimination on 8 October 2010. The purpose of the Law is to establish
mechanisms and procedures for the prevention and punishment of acts of racism and all
forms of discrimination. It identifies relevant measures in such areas as education,
communication, information dissemination, public and economic life. It also establishes the
procedures and mechanisms for filing complaints by victims of racism or discrimination,
and provides that courts at all levels should prioritize cases related to racism and
discrimination.
15.
On 5 February 2011, the Government approved Supreme Decree No. 762, which
sets out the regulations for implementing Law No. 045 and establishes prevention and
information policies, the categories of misconduct that constitute racism and discrimination
and respective penalties.
16.
Law No. 045 also amended article 281, chapter V (crimes against human dignity), of
the Penal Code, on the criminalization of acts of racism, such as incitement to racism and
racial discrimination and verbal attacks on racist and discriminatory grounds.
IV. Institutional human rights framework and public policy
17.
During his visit, the Special Rapporteur noted that important changes had been made
in recent years in the governmental structures responsible for issues relating to his mandate.
They include, in particular, the creation of the National Committee against Racism and All
Forms of Discrimination in 2011 (see paragraph 19 below), the Office of the Vice-Ministry
for Decolonization and the Directorate-General for the Fight against Racism and All Forms
3
CERD/C/BOL/CO/17-20.
5