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Bolivia - Consideration of reports submitted by States parties under Article 44 of the Convention: Fourth periodic reports of States parties due in 2007 [2009] UNCRCSPR 10; CRC/C/BOL/4 (25 March 2009)

UNITED
NATIONS

CRC
G094123400.jpg
Convention on the
Rights of the Child
Distr.
GENERAL
CRC/C/BOL/4
25 March 2009
ENGLISH
Original: SPANISH

COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Fourth periodic reports of States parties due in 2007

BOLIVIA [*]*

[20 February 2008]

Introduction

The Ministry of Justice, through the Vice-Ministry of Gender and Generational Affairs, in accordance with the undertakings assumed by the State of Bolivia, submits the fourth periodic report to the Committee on the Rights of the Child. The report was prepared in coordination with State institutions and social organizations at the national, departmental and local level. Its contents refer to policies, programmes, projects, sectoral actions, achievements, limitations and future work aimed at the exercise of the rights of children and adolescents.

Bolivia ratified the Convention on the Rights of the Child by Law No. 1152 of May 1990, being the eighth country to accede. It then undertook adaptation of national legal rules and implementation of public policies in keeping with the comprehensive protection approach.

The principal instrument falling under the Convention is the Code for Children and Adolescents, which establishes and regulates the regime of prevention, protection and comprehensive care and provides for its application to all children and adolescents present in the national territory, without any exclusion. It also lays down the principles of the best interests of the child and of non-discrimination, which are expressed in the recognition of children and adolescents as social actors and subjects of law. The State ad society must ensure fulfilment of the provisions of the Code and have shared responsibility to that end.

This report covers the period 2003-2007 and was prepared following the general guidelines concerning form and content of reports to be submitted by States pursuant to article 44 (1) (b) of the Convention, approved by the Committee on 3 June 2005 at its 39th session (CRC/C/58/Rev.1).


CONTENTS

Paragraphs Page
I. REPLIES TO THE COMMITTEE’S OBSERVATIONS AND

RECOMMENDATIONS 1 - 116 4
II. REPORT TO THE COMMITTEE ON THE RIGHTS OF THE

CHILD (2003-2007) 117 - 358 28

A. Bolivia: General Overview 117 - 172 28

B. General Implementation Measures 173 - 191 38

C. Definition of the Child 192 - 195 42

D. General Principles 196 - 209 43

E. Civil Rights and Freedoms 210 - 234 45

F. Family Environment and Alternative Care 235 - 255 48

G. Basic Health and Welfare 256 - 283 51

H. Education, Leisure and Cultural Activities 284 - 311 57

I. Special Protection Measures 312 - 357 63

J. Future Projects 358 70

ANNEXES

I. Latin America: human development index trends (1975-2000) 72

II. Bolivia: rate of growth of GDP in real terms 74
III. Bolivia: indicators of moderate poverty, by geographical area

(1999-2005) 75
IV. Bolivia: indicators of extreme poverty, by geographical area

(1999-2005) 76
V. Bolivia: incidence of moderate poverty by year, region and age

bracket 77

VI. Bolivia: social indicators (2007) 78

VII. Bolivia: public expenditure 83

I. REPLIES TO THE COMMITTEE’S OBSERVATIONS AND

RECOMMENDATIONS ON THE THIRD REPORT OF BOLIVIA

Factors and difficulties impeding progress in the implementation of the Convention

Paragraph 4. The Committee notes that a number of factors continue to negatively affect the situation of children and impede the full implementation of the Convention, including political instability, difficulties and conflict in the social and economic spheres, structural poverty and large disparities in income distribution.

The factors referred to by the Committee will be discussed in the present report in light of their impact on the situation of children and adolescents during the reporting period (2003-2007).

2. The political and social instability of this period was linked to the changes of government that occurred on three occasions and led to the democratic election of the country’s first indigenous president, in the year 2005.

3. Against this new background, there has emerged a process of changes ranging from the building of a new political constitution and the pursuit of legal reforms for land ownership to the formulation of policies of inclusion relevant to the social and economic needs of all Bolivian men and women without any form of discrimination.

Prior recommendations of the Committee

Paragraph 5. While noting that the first part of the report provides specific reference to the concluding observations, the Committee regrets that some of the recommendations it made (see CRC/C/15/Add.95) on the State party’s second periodic report (CRC/C/65/Add.1) have not been sufficiently addressed, including those contained in paragraphs 23 (conditions of children living in institutions), 28 and 29 (economic and sexual exploitation of children) and 30 (juvenile justice).

Paragraph 6. The Committee urges the State party to make every effort to address the previous recommendations, which have been only partly implemented or not implemented at all, and the list of recommendations contained in the present concluding observations.

4. The situation of children in institutions, their economic and sexual exploitation and juvenile justice will be taken up in the present document.

5. The Committee’s previous recommendations have been considered by an inter-ministerial commission constituted under the present government to monitor follow-up on international treaties ratified by Bolivia. Within the framework of the National Development Plan, one of whose guiding principles is the inter-sectoral approach, all governmental institutions have been informed of their role in the pursuit of policies an programmes for the promotion and protection of the rights of children and adolescents, have been applying corrective measures in their areas of competence, and participated directly and actively in the development of this report.

Legislation and its implementation

Paragraph 7. While welcoming the measures taken to bring national legislation into conformity with the Convention, such as the adoption of the Code for Children and Adolescents, the Committee is concerned that national legislation in some areas is still not in full conformity with the Convention. It is also concerned that new legislation is not fully implemented in practice.

Paragraph 8. The Committee urges the State party to take all necessary measures to fully harmonize its legislation with the Convention and to ensure the effective implementation of all legislation relevant to the rights of the child, taking into account training needs, monitoring mechanisms and the provision of adequate resources. The Committee also urges the State party to ensure that the rights of the child are incorporated into the new Constitution currently under consideration.

6. Adopted in 1999, the Code for Children and Adolescents (hereinafter referred to as the Code) took effect in the year 2000. Disseminating the Code and providing ongoing training to personnel was the task of public and private institutions working in this field.

7. Within the framework of the provisions of the new Code, changes have been made in the institutional arrangements that are designed to create conditions for the realization of children’s and adolescents’ rights. Provision of services has been assigned to the departmental social services (SEDEGES) while social and legal protection is assigned to Ombudsperson’s offices for children an adolescents. Mechanisms have also been created for proposals, consultations, evaluation and monitoring of sectoral policies and services at the national level – National Council for Children and Young Persons--, at the departmental level –Commission on Children and Adolescents of the Departmental Council of the Prefecture—, and at the local level –Municipal Commission on Children and Adolescents.

8. The legal gaps observed in the Code and its Regulations were overcome with the adoption of some of the provisions already mentioned as drafts in the third periodic report of Bolivia (CRC/C/125/Add.2) and others enacted during the period covered by this report, namely:

a) Law N.º 2616 of 18 December 2003, which amends articles 21, 22 and 30 of the Civil Registration Act, articles 96 to 98 of the Code for Children and Adolescents, and the first transitional provision of the Code for Children and Adolescents;

b) Resolution No. 616/2004 of 29 December 2004 of the National Electoral Court, which gives effect to the “Regulations for registration of births”;

c) Supreme Decree No. 28023 of 4 March 2005, which regulates administrative procedures for national and international adoptions;

d) Law Nº 3300 of 12 December 2005, which creates and regulates the system of preventive immunizations;

e) Law Nº 3325 of 18 January 2006, pertaining to “Trafficking in Persons and other Related Offenses”;

f) Law Nº 3460 of 15 August 2006, aimed at promoting, protecting and supporting the practice of breast feeding.

9. The Constitution of Bolivia was revised in great detail by the Constituent Assembly in December, 2007. Chapter V on “Social and Economic Rights” contains a Section V entitled “Rights of Children, Adolescents and Young Persons,” which recognizes that “children and adolescents have rights recognized in the Constitution and specific rights inherent to their process of development; their ethnic, sociocultural, gender and generational identity; and the satisfaction of their needs, interests and aspirations.” (article 58)

10. It is hoped that once the Constitution has been adopted by referendum and promulgated, a process of legislative adaptation will begin, both in general and in particular with respect to children and adolescents. This will be another opportunity to make headway in the harmonization of laws with the Convention, also including contributions from indigenous justice in the process.

Coordination

Paragraph 9. The Committee expresses concern at the limited capacity of existing institutions, such as the Vice-Ministry for Youth, Children and the Elderly, to ensure an intersectoral and integrated approach to the implementation of policies for children. It regrets, in this respect, that the National Council for Children, provided for in the Code for Children and Adolescents of 1999, has not been established yet. [...]

Paragraph 10. The Committee recommends that the State party strengthen the institutional capacity of existing institutions, including the Vice-Ministry for Youth, Children and the Elderly, inter alia by increasing their human and financial resources. It also recommends that the State party pursue its efforts towards the creation of the National Council for Children, and of sub-national councils in all departments and municipalities of the country. [...]

11. The Vice-Ministry of Youth, Children and the Elderly, under the new governmental structure, has been replaced by the Vice-Ministry of Gender, Generational and Family Affairs, under the authority of the Ministry of Justice.

12. In its youth policies Bolivia has begun to apply an inter-sectoral and integrated approach to specific situations. Such is the case with the Inter-institutional and Inter-ministerial Cooperation Agreement signed in 2005 with the aim of “coordinating, strengthening and consolidating actions with a view to reducing labour by children under age 14, protecting adolescent workers over age 14 and eradicating the worst forms of labour by children and adolescents...”

13. The present Government, under the National Development Plan, is promoting the Multi-sectoral Programme for Zero Malnutrition, whose implementation is entrusted to the National Food and Nutrition Council (CONAN).

14. The National Council for Children and Young Persons was inaugurated by the President of the Republic, Carlos Mesa Gisbert, on 18 May 2005. Its composition and the procedure for the appointment or election of its members are provided for in the Code for Children and Adolescents and its Regulations. The process followed, as well as the present situation of this entity, are described in this report.

15. The creation of Commissions for Children and Adolescents in both the departmental and municipal councils has been pursued in some cases by the lead public agency and in other cases by civil society institutions. Their specific composition, which may include participation by advisors and councilmen as well as representatives of civil society, requires a continuous flow of information, and their functioning may be variable since it depends on the interest, personal initiative and continuity of departmental and municipal representatives.

16. With a view to improving the financial possibilities of the State, in the year 2004 during the government of President Carlos Mesa Gisbert measures were adopted to foster austerity and rationality of public expenditure (Supreme Decree No. 27450). In 2006, President Evo Morales approved Austerity Decree No. 28609, providing for a reduction of his salary and that of the Ministers, Vice-ministers and Directors of the Executive Branch; the resources were used to create a special fund earmarked for public health and education. These measures represent an improvement in the care afforded to children and adolescents.

Independent monitoring mechanisms

Paragraph 11. [...] the Committee notes the absence of a national independent mechanism with a specific mandate to receive complaints from children and regularly monitor and evaluate progress in the implementation of the Convention

Paragraph 12. The Committee recommends that the State party establish either a deputy ombudsperson, a section within the Office of the Ombudsperson, or a separate children’s ombudsperson, supported with sufficient human and financial resources, for an independent and effective monitoring of the implementation of children’s rights [...]

17. The Office of the Ombudsperson (Defensor del Pueblo) is an autonomous organ that does not depend on any of the three branches of government. It has among its powers “to investigate, ex officio or pursuant to a complaint, acts or omissions which imply a violation of human rights, guarantees, individual or collective rights established in the Constitution, laws, treaties and international agreements approved by the Bolivian State.”[1]

18. Through 16 offices, it maintains a presence in the nine departments of the country. It purses activities aimed at priority populations with rights that are frequently violated, such as children, adolescents, persons with disabilities, persons deprived of liberty, women, indigenous people, rural farmers an elderly adults.

Paragraph 13. [...] the Committee regrets that this decentralized service (defensorías municipales de la niñez y adolescencia) designed to protect the rights of the child still does not cover all regions, and that adequate funding has not been allocated to these institutions to ensure their effective functioning.

Paragraph 14. The Committee recommends that the State party take the necessary measures to achieve the establishment of defensorías in all municipalities, [...] and to ensure their effective functioning, including by raising awareness among municipal authorities of the importance of these bodies to the protection of children.

19. The Ombudsperson for Children and Adolescents is a free municipal service created under the provisions of the Law on Popular Participation (Law Nº 1551 of 20 April 1994), which broadens municipal competencies to encompass defence and protection of children and adolescents. This service decentralizes its operations in keeping with population density, territorial units and the characteristics of each municipality.

20. The creation of the Ombudsperson’s offices was enacted by law, making the offices mandatory throughout the national territory, but in practice their establishment has been gradual. Thus, in 2004 there were only 220 offices, in 198 of the 314 officially recognized municipalities. That is, only 63% of municipal governments took on this responsibility, and not necessarily by conviction but, in most cases, because of demands from civil society or due to financial and technical resources provided for the purpose by international cooperation.

21. As municipal governments are autonomous, they have the freedom to prioritize the use of their economic resources, which their authorities describe as insufficient to respond to all the needs and demands of their populations. They therefore argue that they are not obliged to create Ombudsperson’s offices. This delay stems essentially from the development-oriented vision of municipalities which give priority to infrastructure work at the expense of qualitative dimensions of development, which are not physically visible.

22. Despite these difficulties and those referred to in the previous report, advances have been made. Although with an insufficient budgetary appropriation, scant personnel, operational instability and partisan political management, the Ombudsperson’s offices are providing services and are seen by the population as a resource to which they turn to in order to seek attention. Inter-agency coordination and social monitoring activities are the strategies that are leading to the gradual strengthening of this service.

National Plan of Action

Paragraph 15. [...] the Committee regrets that subsequent to the TenYear Plan of Action for Women and Children (1992-2002), no new national plan of action on children has, as yet, been formulated.

Paragraph 16. The Committee recommends that the State party adopt a comprehensive National Plan of Action on Children and ensure that it is rights based, reflects cultural diversity, covers all areas of the Convention, and takes into account the outcome document “A world fit for children” [...] The State party should allocate sufficient resources towards its realization and the effective functioning of the body that will be charged with its promotion, coordination and monitoring. The State party should also ensure the coordinated and integrated implementation of the different national programmes and plans of action for children and allocate sufficient resources to their implementation.

23. The ten-year Plan of Action presented by Bolivia in 1993 was the first attempt to have a comprehensive and coherent public policy aimed at children and adolescents. Its implementation was affected by several factors, among which Francisco Rojas[2] notes the following:

a) Lack of legitimacy because it is not the product of active participation by society;

b) Maximalist goals that are sometimes difficult to measure;

c) Failure to estimate costs, sources of financing, or structure of transfers;

d) Formulation of unclear actions and ill-defined mechanisms for evaluation and monitoring of goals;

e) Tendency towards sectoralization and fragmentation of the treatment of rights of children and adolescents.

24. From the year 2004, based on prior experience, there began a process of consultation and participatory development of the Strategy for Children and Adolescents, a task which was entrusted to a team of consultants. Political instability in the country beginning in 2003 and extending to 2005 prevented this initiative from being completed.

25. The present government, through the Vice-Ministry of Gender, Generational and Family Affairs, is preparing a five-year plan for children and adolescents that is consistent with the National Development Plan: “Bolivia – Dignity, Sovereignty, Productivity, Democracy, living well - 2006-2011.” The methodology employed and the social participation of indigenous rural farmers, formerly excluded, will enable this plan to respond faithfully to the expectations and needs of the majority of Bolivia’s population.

Collection of Data

Paragraph 17. [T]he Committee remains concerned about inadequate mechanisms to collect, systematize and analyse disaggregated statistical data on children and adolescents. In particular, it regrets the lack of data on education, children with disabilities, children who need special protection and indigenous children.

Paragraph 18. The Committee recommends that the State party continue to strengthen its efforts to develop a system for the comprehensive collection of comparative and disaggregated data on the Convention. The data should cover all children below the age of 18 years and be disaggregated by sex and by groups of children who are in need of special protection. The Committee recommends that the State party develop indicators to effectively monitor and evaluate progress achieved in the implementation of the Convention and assess the impact of policies that affect children. [...]

26. The official data available are those obtained through the Census of Population and Housing, Household Surveys, studies on issues pertaining to children and adolescents, and other instruments which the National Statistical Institute (INE) applies periodically. Further, the country has an Information System managed by the Ministry of Education and Cultures (www.minedu.gov.bo).

27. To analyze the impact of public policies on the situation of children, as well as to develop new instruments for evaluation, the Social and Economic Policy Analysis Unit (UDAPE) under the Ministry of Development Planning has conducted several research projects which are referred to in the corresponding chapter of this report.

28. In recent years, efforts have been exerted to improve the quantity and quality of information about the situation of children and adolescents: a) In the 2003 Demographic and Health Survey the topic of violence against children was included for the first time, and there are plans to research the issue in greater depth in the 2008 survey. b) The INE has developed an initial version of the “DevInfo” application in Bolivia to conduct follow-up of the fulfilment of the Millennium Development Goals.

Budget allocations for children

Paragraph 19. The Committee notes with concern that budget allocations for children, including public policies for the protection of rights, social services and education, are insufficient to implement the rights of all children. The low execution rate of budgets in the social area is also a cause for concern.

Paragraph 20. The Committee recommends that the State party strengthen its efforts to significantly increase the proportion of the budget allocated to the realization of children’s rights to the “maximum extent ... of available resources”, including through international cooperation, giving special attention to children belonging to economically disadvantaged groups. The State party should ensure that international cooperation in its various forms supports national plans to implement the Convention.

29. The National Development Plan prioritizes the need to strengthen processes of alignment and coordination, enhancing the Government’s leadership. Regarding international cooperation, Supreme Decree No. 29308 has laid down norms and procedures for all executing entities or entities receiving donated external resources –from multilateral financial organizations, cooperation agencies, governments and non-governmental organizations—in processes of managing, negotiating, contracting, recording, execution and control of these donated resources.

30. In keeping with these norms, international cooperation will need to be aligned with the priorities established in the National Development Plan, as one of the Government’s premises is to work jointly on the basis of reality, with respect for the cultural idiosyncrasy and objective needs of the population, especially the population in a state of extreme poverty.

Training/dissemination of the Convention

Paragraph 21. [T]he Committee remains concerned about the low awareness of the Convention among professionals working with and for children and among the general public, especially among children themselves.

31. The Convention, upon being ratified by Bolivia, became law (National Law No. 1152-1990) and is therefore mandatorily applicable with respect to promoting and defending the rights of children and adolescents.

32. The Convention is the doctrinal framework for debate, reflection and definition of actions for the promotion of rights and/or the prevention of violation of rights.

33. Processes of training, preparation and awareness-raising of different social actors involved in this area, as well as of children and adolescents themselves, are based on the approach to rights contained in the Convention and in other human rights instruments. These processes are pursued by public institutions through specific actions and, more often, by private development institutions and by the Episcopal Conference of the Bolivian Catholic Church. Universities, both public and private, also offer postgraduate courses on children’s rights; however, the subject has not been incorporated into regular curricula at any level of the educational system.

Definition of the child

Paragraph 23. [T]he Committee is concerned at the low legal minimum age for contracting marriage and that different minimum legal ages for marriage are set for girls (14) and boys (16).

Paragraph 24. The Committee recommends that the State party set the minimum age for marriage for girls and for boys at a higher and equal level. The State party is also advised to undertake awareness-raising campaigns and other measures to prevent early marriages.

34. Differences in marriageable age are established in the Family Code, initially approved by Supreme Decree No. 10426 of 23 August 1972, which became Law No. 996 of 4 April 1988. There has been no subsequent change, despite recognition of the influence of French law.

35. In keeping with the ways and customs of indigenous rural farming communities, it is an indispensable prerequisite for marriage that both the man and the woman be sufficiently capable of assuming responsibility for the tasks entrusted to them by the community and the State. Thus, men must have fulfilled their mandatory military service, for which purpose they must be 18 years of age, a sine qua non for assuming individual and community civic responsibilities.

36. Although no study has been done on the age of persons with registered marriages, it can be said that early marriages are rare in urban areas and much less so in rural areas. Depending on the region or ethnic group, the average age of marriage is 18 to 22 years for women and 20 for men; in other cases, there exists a system of premarital union, before the legal or formal union, respecting the age limits indicated, so that conducting a campaign to change these customs is not a matter of priority.

Non-discrimination

Paragraph 25. The Committee is deeply concerned about the significant disparities in the State party in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators like enrolment in and completion of education, infant mortality rates and birth registration, indicating persistent discrimination against indigenous children, girls, children with disabilities and children living in rural areas.

Paragraph 26. [T]he Committee recommends that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination [...].

37. The neoliberal policies applied in the country during the last 20 years failed in their attempt to promote economic growth and reduce poverty, and aggravate inequalities and social exclusion for large sectors of the population, including children and adolescents in general, especially those who are most discriminated against for reasons of class, gender, generation, ethnic-cultural affiliation or other life circumstance.

38. While there have been advances, reflected in the social indicators referred to in the report, these were uneven among areas and sectors, and it is evident that there still exist obstacles to the full realization of the rights of children and adolescents.

39. Given these indications, which affect not only children and adolescents, the present Government in its National Development Plan proposes to “eradicate poverty and all forms of exclusion, marginalization and social, political, cultural and economic exploitation...through the establishment of national policies of comprehensive development that contribute to generating an equitable pattern of distribution of income, wealth an opportunities.”[3]

Best interests of the child

Paragraph 27. [T]he Committee is concerned that this principle is not given adequate attention in national legislation and policies and that awareness of its significance is low among the population.

Paragraph 28. The Committee recommends that the State party take measures to raise awareness of the meaning and practical application of the principle of the best interests of the child and ensure that article 3 of the Convention is duly reflected in its legislation and administrative measures.

40. The Code provides in article 6 that its provisions are to be interpreted “in light of the best interests of the child an adolescent, in keeping with the Political Constitution of the State, Conventions, International Treaties in force and the laws of the Republic.”

41. This provision has been applied primarily in the judicial setting, as a primary criterion for resolving family conflicts of interests or restoring rights to children and adolescents.

42. The new Constitution –adopted by the Constituent Assembly in December 2007—provides in article 60: “It is the duty of the State, society and the family to give priority to the best interests of the child and adolescent, which includes giving primacy to their rights, priority in receiving protection and relief in any circumstance, priority of attention by public or private services, an access to timely, prompt administration of justice by specialized personnel.”

Respect for the views of the child

Paragraph 29. The Committee [...] remains concerned at the persistence of traditional attitudes in the State party which, among other things, limit children’s right to participation and to express their views. It notes with concern the limited possibilities available to children to participate in and express their views in decision-making procedures affecting them, particularly in schools and communities.

43. In accordance with the Code and its Regulations, organizations of children and adolescents, as members of civil society, elect their representatives to participate with full powers in the National Council and in the Commissions for Children and Adolescents at both the departmental and local levels.

44. Since 2002, the National Congress, through the Chamber of Senators and Deputies and the Parliamentary Brigades, with support from non-governmental organizations, has been organizing the National Congress of Children and Adolescents, with participation by all departments of the country. Sessions of the Congress present draft laws to the National Congress on matters affecting them, such as health, education, protection, etc.

45. At present, the National Congress is considering a draft law which institutionalizes the National Congress of Children and Adolescents and recognizes the Bolivian Alliance for Childhood and Adolescence as a valid forum to support and promote forms of participation by children and adolescents.

46. During the Constituent Assembly there was intense activity by organizations of children and youth to put forward their demands, opinions and aspirations and to press for their consideration and incorporation into the text of the constitution.

47. The Draft Law on New Education in Bolivia provides for the establishment of Community Educational Councils as fora of social participation, with participation by students and parents organized in cities into school boards and in rural areas through their legitimate organizations; teachers and territorially constituted organizations. [4]

48. One indication of the growing visibility of participation by children and adolescents and of their capacity to contribute to change is the fact that the new constitution provides for recognition of their citizenship.

Birth registration

Paragraph 31. [T]he Committee is concerned that a large number of children in the State party do not have a birth certificate. It also notes with concern the large proportion of indigenous children who are not registered with the Civil Registry.

Paragraph 32. The Committee recommends that the State party strengthen its efforts to ensure that children are registered at birth and organize, through special measures and in accordance with the law, the registration of children who were not registered at birth, giving special attention to indigenous children, including by providing for such registration free of charge. The Committee also recommends that the State party undertake efforts to raise awareness of the importance of birth registration for children for the full enjoyment of their rights.

49. Article 97 of the Code provides that all children must be registered with the Civil Registry and receive their birth certificate free of charge. In the case of undocumented adolescents, provision was made for a three-year period (2004-2006) during which they can, through an administrative procedure, register and obtain their birth certificates free of charge.

50. The right to obtain birth certificates free of charge took effect in 2003 and was put into practice thanks to financial support from the United Nations Children’s Fund (UNICEF) and a token contribution from the National Treasury.
51. On the initiative of social organizations and movements as well as community organizations, a Supreme Decree was adopted for the registration and certification of indigenous people and original inhabitants as a means to accelerate their documentation. Similarly, there is now a draft law on “Citizen Identity without Social Exclusion” to secure for this population their right to identity and to obtain birth certificates as well as their first identity card.

Torture and other cruel, inhuman or degrading treatment or punishment

Paragraph 33. The Committee is concerned at reported cases of police brutality against children in the State party.

Paragraph 34. The Committee recommends that the State party adopt measures to prevent and eliminate all kinds of institutional violence. It also recommends that the State party ensure that alleged cases of police brutality against children are duly investigated and that those responsible for such crimes are prosecuted.

52. It is evident that police officers do not respect the rights of children and adolescents in situations where, for various reasons, they come into contact with that population; this attitude becomes all the more hostile when criminal conduct is suspected.

53. Since 2007, the departmental social services (SEDEGES) have been working to disseminate a culture of proper treatment as a preventive measure, and to train police officers to humanize their contacts with children, adolescents, women and older persons.

Corporal punishment

Paragraph 35. The Committee expresses deep concern that, despite its prohibition in the Code for Children and Adolescents, corporal punishment is still widely used within the family and in schools and other institutions.

Paragraph 36. The Committee recommends that the State party take effective measures, including through public awareness campaigns, to promote positive, participatory and nonviolent forms of discipline as an alternative to corporal punishment at all levels of society, and to effectively implement the law prohibiting corporal punishment.

54. In 2005, the Vice-Ministry for Youth, Children and the Elderly, together with other organizations, framed areas of analysis and initiative directed towards preventing violence in key settings for children. The aim was to formulate a public policy of promoting proper treatment in order to reduce cases of mistreatment in Bolivia.

55. In particular, the process involved personnel of the office of the Ombudsperson for Children and Adolescents, departmental social services, NGOs, parents, teachers and students in order to foster non-violent forms of interpersonal relationships.

Children deprived of their family environment

Paragraph 37. The Committee is concerned about the large number of children separated from their parents who are living in institutions in the State party, despite the State party’s intention to reduce the number of institutionalized children. It also notes with concern that parents in some cases place their children in institutions for economic reasons.

Paragraph 38. The Committee recommends that the State party take effective measures to reduce institutionalization of children by undertaking well-targeted efforts to return children to their parents and by strengthening and supporting the system of foster care and, whenever appropriate, domestic adoption. The State party should ensure that placements in institutions are periodically reviewed.

56. In recent years there has been a growing awareness among the personnel of institutions working with children and adolescents, as well as among the population, of the disadvantages of institutionalization; for that reason, efforts are being directed towards strengthening the family in its own setting.

57. For children an adolescents who are currently resident in institutions, work is proceeding on the design of programmes for family reintegration.

Children with an imprisoned parent

Paragraph 39. The Committee reiterates its concern about the situation of children living in prisons with one of their parents and about the living conditions of these children and the regulation of their care if they are separated from their parent in prison.

Paragraph 40. The Committee recommends that the State party develop and implement clear guidelines on the placement of children with their parent in prison, in instances where this is considered to be in the best interest of the child (e.g. the age of the children, the length of stay, contact with the outside world and movement in and outside the prison) and ensure that the living conditions in prisons are adequate for the child’s development, as required by article 27 of the Convention. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison, which is regularly supervised and allows the child to maintain personal relations and direct contact with its parent remaining in prison.

58. The Code provides that children under age six may remain with their mother when she is deprived of liberty. In the event that both parents are imprisoned and there is no extended family to exercise custody or guardianship of the children, provision is made for them to be placed in foster care facilities or with foster families in the same locality as the parents. However, in practice these provisions are not complied with due to a complex of factors having to do with lack of economic resources, patterns of child-rearing, and dealing with situations of risk or abandonment.

59. The Vice-Ministry of Gender, Generational and Family Affairs, with the support of UNICEF, has been working on the design of a “Programme of attention for children of parents deprived of liberty, in the framework of relations of community reciprocity and solidarity.” [5]

Adoption

Paragraph 41. The Committee [...] is concerned about the limited understanding and acceptance in the State party that domestic adoptions are more desirable than intercountry adoptions, the lack of mechanisms to prepare prospective adoptive parents, and the lack of mechanisms to follow up and monitor the situation of adopted children and children placed in foster care. The Committee is also deeply concerned about the continuing occurrence of illegal adoptions.

Paragraph 42. The Committee recommends that the State party develop and implement a comprehensive adoption policy and raise awareness of the importance of domestic adoption. As stipulated in article 21 (b) of the Convention, intercountry adoption should be considered an alternative means of childcare only if an adoptive family or foster care placement cannot be found within the country. Effective mechanisms to review, monitor and follow up adoption of children should be established. The Committee urges the State party to strengthen its efforts to prevent illegal adoptions and to ensure that its legislation and practice on national and international adoptions is brought into line with article 21 of the Convention and the Hague Convention, respectively. The central authorities should be provided with adequate resources to regulate and monitor the activities of international adoption agencies in the State party.

60. Aware of the importance of adoption in order to restore children’s right to a family setting, on 4 March 2005 the Bolivian Government issued Supreme Decree No. 28023, regulating administrative procedures for national and international adoptions in the framework of the Code, its Regulations, and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption of 1993.

61. During the present administration, the Vice-Ministry of Gender, Generational and Family Affairs, acting as the central authority, has declared an “administrative pause” designed to definitively implement the procedures, the manual of accreditation, and to establish a limit upon adoption intermediary agencies operating in Bolivia, applying the principle of the best interests of the child, in keeping with the responsibilities of a State Party to the Hague Convention.

62. A goal of equal importance is that of fostering and supporting all measures tending to enhance the living conditions of children, for the exercise of their right to live, grow and develop fully within their family of origin; where that is not possible, national adoptions and other forms of family integration will be pursued.

Abuse and neglect, maltreatment and violence

Paragraph 43. The Committee remains deeply concerned at the extent of abuse and violence within the family. While noting that new legal protection measures have been introduced by the Code for Children and Adolescents, the Committee regrets the lack of a clear national policy to combat these phenomena.

Paragraph 44. The Committee recommends that the State party strengthen its current efforts to address the problem of domestic violence and child abuse [...].

63. Family violence disguised as an ostensible child-rearing measure still exists. This factor also explains the social tolerance which may be seen in the low number of reported cases or the practice of using conciliation in which assailants remain unpunished.

64. Although there is a Family and Domestic Violence Act (Law No. 1674 of 15 December 1995), it needs to be reviewed to include a characterization of psychological violence and to evaluate the effectiveness of the penalties laid down.

65. With the creation of the offices of the Ombudsperson for Children and Adolescents, which are now in operation, there is a public forum not only for airing complaints but also for specialized attention to victims, ongoing promotion of a culture of proper treatment, and improvement of parent-child relations.

66. The departmental social services conduct prevention campaigns and prepare educational materials against family violence.

67. It is hoped that conducting awareness-raising activities will gradually help to foster social awareness of the effects of violence on mental health, self-esteem and full development of children and adolescents both in cities and in rural areas, to which these actions are to be extended.

Children with disabilities

Paragraph 45. The Committee regrets the lack of official data on the number of children with disabilities in the State party and that children with disabilities continue to face various forms of discrimination. The Committee also notes with concern the lack of public assistance and special education for children with disabilities; the large number of children with disabilities who do not attend any form of school education, especially in rural areas; and the lack of an integration policy in general for these children.

Paragraph 46. The Committee recommends that the State party take all necessary measures [...].

68. Progress is currently being made in the consideration and treatment of disabilities in Bolivia. There are public and private institutions (118) providing services and persons with disabilities are organized at the national and departmental levels to fight for their rights.

69. The task of overcoming manifestations of social discrimination against persons with disabilities is making headway, and disability services are advancing beyond merely satisfying basic and therapeutic needs.

70. There are at present legal provisions designed to incorporate persons with disabilities into the regular educational system (Supreme Decree No. 24807, Regulations of the Disabled Persons Act) and sources of employment, “with preferential treatment and job security” (Supreme Decree No. 27477, of 6 January 2005).

71. In 2005, a diagnostic survey was conducted on the situation of Special Education with a view to its reorganization. These data were used in the relevant chapter of the draft of a new Law on Education, which contains as one of its aims: “Enhancing family and community efforts aimed at the treatment of persons with special educational needs and raising awareness of their rights” (article 14). Inclusive Special Education is also included as a sub-system within the Organizational Curriculum of the Educational System.

72. The draft law also encompasses the training of teachers in order to provide them with the ability to detect children with special learning and educational needs and provide specialized treatment for them. To that end, there is a proposal that teachers’ colleges provide a graduate concentration in inclusive special education with its different specialties (articles 9 ad 10 of Goals of the Sub-system).

Basic health and welfare

Paragraph 47. [...] The Committee is concerned [...] that not all children, especially indigenous children, benefit from SUMI. It also remains deeply concerned that postnatal health care is still inadequate and that mortality rates and other health indicators are significantly worse in rural areas. The Committee is further concerned that, despite a significant decrease, infant mortality rates remain very high, and well above the regional average. Furthermore, the Committee is deeply concerned at the high levels of malnutrition among children in the State party and at the limited use of breastfeeding. While noting that the prevalence rate of HIV/AIDS is relatively low in the State party, the Committee expresses concern at its considerable increase in recent years.

Paragraph 48. The Committee recommends that the State party continue to strengthen its efforts in improving the health situation of children in ... and their access to quality health services in all areas of the country, particularly rural areas. It also recommends that the State party take measures to ensure that all children benefit from SUMI. Furthermore, the State party should ensure that mothers are encouraged to rely exclusively on breastfeeding for six months after birth, with the addition of appropriate infant diet thereafter. The Committee also recommends that the State party complete and implement the draft law on HIV/AIDS.

73. In line with the Committee’s concerns regarding gaps between urban and rural areas for mortality indicators and for primary health care coverage and access to SUMI, the Parliament has begun consideration of a Universal Health Insurance scheme (SuSalud) which extends coverage up to age 21 and incorporates the intercultural approach into health care services.

74. Implementation has also begun of the Community and Intercultural Family Health Programme, which prioritizes actions in rural localities in the country, seeks to empower the community in realizing its right to health and institutionalizes social oversight of its fulfilment; the first 500 doctors udder this Programme have been assigned to those areas.

75. The National Government has likewise taken up the challenge of eradicating malnutrition by the year 2010. To that end, the programme “Zero Malnutrition” (Ministerial Resolution No. 0442 of 18 June 2007) pursues the goal of achieving food security and sovereignty through multisectoral actions in the most vulnerable municipalities (degrees 4 and 5 of poverty), ranging from breast feeding to administration of micronutrients and food supplements and advice on adequate nutrition for children under age 5 and pregnant women.

76. In 2006 the health sector resumed its pursuit of the “mother- and child-friendly hospitals” initiative, whose main activity is promoting breast feeding in keeping with the law adopted to that end. This law also provides for supplemental nutrition for children under age 2, a service which is being offered to approximately 50% of municipalities.

77. With regard to HIV-AIDS, the country has begun a programme of Control of Vertical Transmission, whose results will be measurable over the short term. It has also adopted Law No. 3729 of 8 August 2007 on the prevention of HIV-AIDS, protection of human rights and comprehensive, multidisciplinary assistance to persons living with HIV-AIDS; regulations pursuant to the law are under preparation.

Adolescent health

Paragraph 49. The Committee is concerned about the large number of teenage pregnancies and sexually transmitted infections (STIs), as well as the lack of programmes on sexual and reproductive health. It is also concerned at the high incidence of alcohol and tobacco abuse in the State party.

Paragraph 50. The Committee recommends that the State party pay close attention to adolescent health, taking into account the Committee’s general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child. In particular, the State party is encouraged to strengthen sexual and reproductive health education for adolescents, especially in schools, with a view to reducing the incidence of teenage pregnancies and STIs, and to provide teenage pregnant girls with the necessary assistance and access to health care and education. The Committee also recommends that the State party continue and strengthen measures to address the issue of alcohol and tobacco abuse among children.

78. On 19 February 2004, the National Reproductive Health programme (2004-2008) was adopted by Ministerial Resolution No. 56. One of the Programme’s goals is “To contribute to improving the health and comprehensive development of adolescents, promoting healthy life-styles in the framework of respect for their rights and ethnic and cultural identity.”

79. The Ministry of Health and Sports is developing a programme of comprehensive care in the school setting for children and adolescents. The programme contents include themes of promotion of health and prevention of alcoholism, tobacco dependency, STDs and HIV-AIDS. Guides are also being developed for primary school teachers on the promotion of health and prevention of HIV-AIDS.

Social security and childcare services and facilities; standard of living

Paragraph 51. [T]he Committee notes with concern the persistent high rate of poverty in the State party, especially in rural areas.

Paragraph 52. The Committee recommends that the State party take the necessary measures to ensure the continuing implementation of the national poverty reduction strategy, targeting the most disadvantaged regions and groups and ensuring that the needs of all children are met and their rights duly protected. The State party is encouraged to seek international cooperation and assistance whenever necessary.

80. The National Social Community Strategy, which is part of the National Development Programme, provides for social investment aimed at equal opportunity for improvement of the standard of living of rural communities, as well as developing individual and collective potentials and capacities for improving productivity and overcoming dependence on aid.

81. The realization of this policy will ensure the exercise of rights and the satisfaction of the needs of children and adolescents, especially among excluded groups.

Education, including vocational training and guidance

Paragraph 53. [T]he Committee is concerned at continuing low enrolment rates, especially among girls and indigenous children; the considerable disparities in the coverage and quality of education between urban and rural areas; and high dropout rates and persistently high illiteracy rates, particularly among rural and indigenous children and girls. The Committee is also concerned at the low percentage of children enrolled in pre-primary education. The lack of access to educational programmes for juvenile offenders is also a cause of concern.

82. The State has developed a growing awareness of the problem of low school enrolment, especially among girls and indigenous children. Therefore, development of the National Access Strategy for the rural area is in full swing, in coordination with municipalities as local actors.

83. There is also a programme under development to arouse interest in education through the “Juancito Pinto Voucher”, which is given to all elementary school children in the country, seeking to boost demand for education as well as regular school attendance. This incentive will later be expanded to promote higher enrolment in Initial Education.

84. The Committee’s recommendations under this heading are aspects which form part of the goals and objectives of the new draft Law on Education. Its main aims are: dealing with discrimination and overcoming existing disparities in quality of education; enhancing vocational training in the schooling process, with a view to offering educational alternatives to students; improving the status of the teaching profession by turning the current teacher training schools into university-level training centres; and creating Pedagogical Universities in different regions of the country.

Aims of education

Paragraph 55. The Committee notes the absence of a national educational plan for human rights education in the State party.

Paragraph 56. The Committee recommends that the State party adopt and implement a national educational plan for human rights education, taking into account the Committee’s general comment No. 1 (2001) on the aims of education.

85. The Law on Educational Reform (Law No. 1565 of 7 July 1994) contemplated that training in rights and the gender perspective was to be included among cross-cutting themes to be addressed throughout schooling and in all subjects in the school curriculum. Teachers were trained to do their work and receive working guides with methodological guidance; plans and programmes specifying competencies, goals and indicators for evaluation. This Law remains currently in force.

86. A Human Rights Plan of Action (2006-2010) was developed which devotes a chapter to the rights of children and adolescents, based on the results of a round table held on 13 May 2005. The aims of this chapter encompass the realization of rights in different sectors; in the educational sector, it seeks to optimize the educational system and adapt it to the socio-cultural dynamics of the setting in which it operates and the needs of children and adolescents. With the change in government, this Plan has been further developed.

87. The new draft Law on Education also incorporates rights education; it proposes to “promote and develop human rights especially for children, adolescents, men, women and older persons in all spheres of education and training.”

Refugee children

Paragraph 57. The Committee notes with concern the lack of specific procedures for providing special care and assistance to children, in particular unaccompanied minors and separated children, under the refugee determination system.

Paragraph 58. The Committee recommends that the State party establish a fully functioning and comprehensive refugee status determination mechanism, ensuring full respect for the principle of non-refoulement, and, in particular, introduce specific procedures for the treatment of unaccompanied and separated minors.

88. Until now, the situation of refugees in the country has been resolved by applying internal rules and the principles of non-refoulement, resettlement and family unification.

89. Although Bolivia has acceded to the Convention on the Status of Refugees of 1951 and its 1967 Protocol, through the Law of the Republic of 5 May 1980, and has ratified both instruments through Law No. 2071 of 14 April 2000, there are as yet no specific mechanisms for special assistance to separated minor refugees. However, through Supreme Decree No. 19639 of 4 July 1983, the National Commission for Refugees (CONARE) was established with powers to receive refugee petitions, to conduct the process of selection and to grant or deny refugee status.

Economic exploitation

Paragraph 59. [T]he Committee expresses its deep concern at the widespread occurrence of child labour in the State party and at the absence of rights-based policies to protect the rights of children and adolescents involved in child labour. The Committee is particularly concerned about the large number of child domestic workers, who are vulnerable to abuse, and about children working in mines, on sugar cane plantations and in other hazardous conditions.

Paragraph 60. The Committee urges the State to strengthen measures to combat child labour. It recommends, in this regard, that the State party formulate, in a participatory manner, a strategy and plan of action to eliminate the worst forms of child labour as well as to safeguard the rights of working children. The Committee also recommends that the State party strengthen the labour inspectorate to ensure the effective implementation of child labour laws, including the prohibition against employing children under the age of 18 in harmful or hazardous work. The State party is encouraged to give priority to children working in the sugar cane and mining industries and to child domestic workers, with special attention to the rights of the girl child, and to continue to seek assistance from ILO/IPEC in this respect.

90. The National Plan for the Progressive Eradication of Child Labour (PNEPTI) for the period 2000-2010 was developed with the participation of government institutions, civil society organizations and international organizations involved in the sector. Five years into the implementation of the Plan, the Ministry of Labour, with technical support from the International Labour Organization (ILO), conducted a mid-term review, whose results again revealed the widespread character, complexity and multiple causes of child and adolescent labour.

91. The results of the assessment pointed to a need to expand and deepen levels of sectoral interaction and coordination, as well as the need for strategies aimed at eliminating the causes of labour by children and adolescents. To that end, a three-year (2006-2008) National Plan for the Progressive Eradication of Child Labour was developed.

92. Following the outlines of the PNEPTI, a programme was implemented in the sugar cane harvesting sector. Its results are covered in the report. A diagnostic survey is also being conducted with regard to the chestnut harvest.

93. In August, 2007, the Bolivian Private Employers’ Confederation (CEPB), the Bolivian Workers’ Confederation (COB) and the Ministry of Labour signed a tripartite agreement to carry out a process of national consultation and to define a list of dangerous jobs so that action can be taken for prevention and gradual eradication, giving it appropriate legal force with a view to effective compliance.

94. With the PNEPTI under way, the Ministry of Labour developed workshops and training courses addressed to the heads of departmental and regional labour authorities, with the aim of generating a better understanding of the problems, enhancing awareness and improving their professional performance.

Use of harmful substances

Paragraph 61. The Committee notes with concern the increasing number of children who use drugs and harmful substances in the State party.

95. Consumption of alcohol and activities related to trafficking in controlled substances are problems that affect many children and adolescents. They fall victim to various acts of violence by intoxicated adults; at other times, persons involved in trafficking use children to carry out their illegal activities without suffering the consequences, i.e. to evade interdiction.

96. In urban areas, especially in capital cities, children and adolescents who live in the streets use inhalable substances and consume alcohol, further increasing their vulnerability and the risks of falling victim to sexual violence, unwanted pregnancies among girls and adolescent women, and generally of contracting sexually transmitted diseases.

97. In view of these problems, the Code lays down measures of care, protection and prevention, pursued with many limitations in practice by public and private institutions. Departmental social services have responsibility for the operation of centres for guidance and treatment of children and adolescents who are dependent on alcohol and drugs; the offices of the Ombudsperson for Children and Adolescents have among their functions conducting activities of prevention against consumption of alcohol and tobacco and abuse of drugs.
98. The new National Development Plan, in terms of public security, establishes a policy of social defence to ensure prevention and protect society against drugs and their social, cultural and economic effects.

Sexual exploitation and trafficking

Paragraph 63. The Committee is concerned about the extent of sexual exploitation and trafficking of children for this or other purposes, in particular economic exploitation, in the State party and about the lack of effective programmes to address this problem.

99. A study conducted in the cities of La Paz, El Alto, Cochabamba an Santa Cruz indicates that an estimated 1,435 children and adolescents ages 11 to 17 are victims of commercial sexual violence in brothels, other public places such as bars, and even in private homes. There is no nationwide survey.

100. The Parliament is currently working on a draft law to punish the “client” of commercial sexual exploitation and trafficking in children and adolescents.

101. Bolivia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, signed in December, 2000. An important initiative in this area is the formation of an Inter-Ministerial Commission to develop a National Strategy against Trafficking for 2006-2010, whose implementation is still pending.

102. Act No. 3325 against trafficking in persons and other related crimes, adopted on 18 January 2006, makes changes in the Penal Code, including these crimes and their punishments.

Street children

Paragraph 65. The Committee expresses concern at the rise in the number of street children in the State party.

Paragraph 66. The Committee recommends that the State party strengthen its efforts to provide assistance to street children, including health care; reintegration services for physical, sexual and substance abuse; services for reconciliation with families; and education, including vocational and life-skills training. The Committee also recommends that the State party cooperate and coordinate its efforts with civil society and undertake a study on the nature and extent of the problem. The State party is encouraged to seek technical assistance from, among others, UNICEF.

103. Street children who live in the cities with the largest populations come for the most part from families that are excluded, disintegrated, and violent and in which the parents consume alcohol and/or are people who have lived in the streets since childhood or adolescence. The complexity of this problem, caused by factors related to poverty, discrimination and violence, make it difficult to resolve or to curb, since the problem is not merely one of satisfying the basic needs of people surviving in the streets but of creating opportunities that enable them to rebuild their lives with dignity.

104. In recent years, social pressures have prompted efforts to develop national and departmental public policies geared to re-socializing street children and restoring their basic rights. However, the lack of alternatives to institutionalization for this population makes the problem a persistent one and social attitudes inspired by “insecurity” remain hostile.

105. The Vice-Ministry of Gender, Generational and Family Affairs and the National Institute of Statistics have conducted a survey of the country’s major cities (La Paz, El Alto, Cochabamba and Santa Cruz) focusing on the living conditions of street children, with a view to gathering information that will serve to guide more relevant actions, taking into account their real needs, problems and aspirations.

Administration of juvenile justice

Paragraph 67. The Committee [...] is concerned that the juvenile justice system still has serious shortcomings in practice, such as the lack of adequate alternatives to pre-trial and other forms of detention, the very poor living conditions of juveniles detained in police stations or other institutions, the length of pre-trial detention and the fact that according to the information provided in the written replies thousands of persons below the age of 18 are detained with adults.

Paragraph 68. The Committee recommends that the State party take the necessary measures to ensure that the rules, regulations and practice of the juvenile justice system are in conformity with articles 37, 39 and 40 of the Convention and other relevant international standards and are applied with respect to all persons below 18 years who are in conflict with the law. [...]

106. The State has not yet developed policies permitting the effective implementation of socio-educational measures aimed at adolescents in conflict with the law. The most vulnerable group comprises adolescents aged 16 to 18, who, lacking specialized centres when they are deprived of liberty, enter prisons with adult populations, despite national and ratified international provisions prohibiting this.

107. Deprivation of liberty remains the sentence most often used in cases of offenses or crimes committed by adolescents; the non-custodial measures contained in the Code go unapplied.

108. Inmates of both sexes aged 16 to 21 who are held in prisons throughout the country are not receiving specialized treatment with a socio-educational approach geared to inculcating responsibility rather than inflicting punishment. The authorities responsible for these centres are gradually adopting an attitude of respect for their rights; however, living conditions are precarious and even when rights are not restricted by their sentences they lack opportunities to exercise them.

109. In general, it can be said that prison centres do not carry out activities aimed at restoring family and social ties of adolescents under sentence. Although there are some non-governmental institutions working in this field, those initiatives are haphazard and rudimentary. However, they help to make the problem more visible and to generate in the State and civil society a resolve to tackle the design and implementation or programmes aimed at applying the rules pertaining to juvenile justice.

110. The Latin American Lay Movement is building a centre to provide specialized care exclusively to adolescents aged 16 to 20 who are currently serving sentences in adult prisons of the city of La Paz. This centre can house 200 young people and will be the first in the country.

111. In recent years, on the initiative of both the State and civil society, programmes of information and training on the Convention and related instruments in relation to the juvenile justice system have been conducted; these are addressed to personnel of the Ombudsperson’s offices and juvenile courts, the prosecutorial authorities, and the police.

112. A national working group on juvenile justice (Mesa National de Justicia Juvenil) has been formed, with participation by representatives of the State and civil society, with the aim of promoting the design and implementation of a National System of Juvenile Justice and policies and programmes directed to adolescents in conflict with the law. A first result of this inter-agency action is the design of a diagnostic survey of the situation of this population throughout the country, to serve as an input for subsequent work.

Follow-up

Paragraph 69. The Committee recommends that the State party take all appropriate measures to ensure the full implementation of the present recommendations, inter alia by transmitting them to the members of the National Congress, departmental councils and municipal governments for appropriate consideration and further action.

113. In recent years, the Bolivian State, through specialized entities (National Institute of Statistics, Political, Social and Economic Policy Analysis Unit, inter alia) and other sectors, has promoted the development of follow-up systems for public policies addressed to children and adolescents, in light of the need to take appropriate decisions and provide responses to a series of international commitments assumed by the country with a view to improving the lives of children and adolescents.

114. Since the Convention provides the doctrinal framework and constitutes a national law of mandatory compliance, all public and private institutions working with children and adolescents exert their best efforts to promote and defend the rights of children and adolescents.

115. The present recommendations of the Committee have not been expressly transmitted to authorities at the national, departmental and municipal level; however, they have been communicated indirectly by sectors as each agency is requested to provide information on fulfilment of its responsibilities and provide necessary clarifications as part of the process of preparation of this report.
116. In subsequent work, we shall take into account the recommendation contained under this point.

II. FOURTH REPORT TO THE COMMITTEE ON THE RIGHTS

OF THE CHILD (2003-2007)

A. Bolivia: general overview

1. Social aspect

117. Bolivia achieved its independence on 6 August 1825 and constituted a unitary republic, adopting a democratic, representative and presidentialist form of government. Politically and administratively, it is divided into nine departments, 226 provinces, 329 municipalities and 1,680 cantons. Its capital is the city of Sucre and the seat of government is situated in the city of La Paz.

118. Under the Political Constitution of the State now in force, sovereignty resides in the people; its exercise is delegated to the three branches of the State: legislative, executive and judicial.

119. Bolivia covers an area of 1,098,581 km2. According to the 2001 Census of Population and Housing, it had a total population of 8,274,325, with a population density of 7.56 inhabitants per square kilometre. Of the total population, 62.43% lived in urban areas and 37.57% in rural areas; distribution by sex was 49.83% men and 50.17% women.

According to the National Institute of Statistics (INE), the projected population in the year 2007 was 9,827,522 inhabitants.

Table 1

Bolivia: Total and projected population, by calendar year,

sex and age group 2005-2007

AGE
2005
2006
2007
Total
Men
Women
Total
Men
Women
Total
Men
Women
TOTAL
9,427,219
4,698,293
4,728,926
9,627,269
4,799,178
4,828,091
9,827,522
4,900,162
4,927,360
0-4
1,279,278
652,317
626,961
1,287,479
656,475
631,003
1,293,134
659,355
633,779
5-9
1,184,544
603,976
580,568
1,198,737
611,181
587,556
1,215,036
619,415
595,621
10-14
1,120,715
570,690
550,025
1,135,680
578,457
557,223
1,145,858
583,750
562,108
15-19
980,559
497,309
483,250
1,006,825
510,944
495,882
1,035,164
525,644
509,520
20-24
855,044
431,020
424,024
876,469
442,185
434,285
898,751
453,775
444,976
25-29
749,965
374,997
374,968
767,145
384,014
383,130
785,260
393,514
391,746
30-34
667,439
330,655
336,784
683,878
339,150
344,728
697,867
346,506
351,361
35-39
547,366
269,556
277,810
567,781
279,793
287,987
590,361
291,071
299,289
40-44
455,786
222,704
233,082
469,536
229,661
239,875
484,217
237,087
247,129
45-49
388,216
187,929
200,287
398,492
193,132
205,360
408,397
198,147
210,250
50-54
320,255
153,041
167,214
329,979
157,842
172,137
340,239
163,007
177,233
55-59
262,279
124,663
137,616
270,534
128,460
142,074
278,398
132,037
146,361
60-64
201,661
94,918
106,743
208,815
98,236
110,578
217,288
102,145
115,143
65-69
163,270
75,254
88,016
166,751
76,888
89,863
169,908
78,392
91,516
70-74
120,939
54,285
66,654
124,009
55,640
68,368
127,389
57,146
70,242
75-79
80,278
34,932
45,346
82,728
35,957
46,770
84,659
36,750
47,910
80 +
49,625
20,047
29,578
52,433
21,163
31,270
55,594
22,421
33,173

Source: National Institute of Statistics (INE)

121. With regard to distribution by areas, taking the INE projections for 2005 as a reference, it appears that of a total population estimated at 9,427,219, 64.23% lived in urban areas while 35.77% lived in rural areas. The proportion of men and women was the same as in the year 2001.

Table 2
Bolivia: Total projected population by area,

sex and department 2005

DEPARTMENT
2005
Total Population
Urban
Rural
Men
Women
Men
Women
TOTAL
9,427,219
2,946,725
3,108,667
1,751,568
1,620,259
Chuquisaca
601,823
129,597
140,206
167,183
164,837
La Paz
2,630,381
858,179
910,163
443,368
418,671
Cochabamba
1,671,860
493,391
531,751
332,503
314,215
Oruro
433,481
128,964
136,368
87,295
80,854
Potosí
768,203
126,918
138,498
248,441
254,346
Tarija
459,001
148,121
155,944
82,203
72,733
Santa Cruz
2,388,799
903,178
940,387
300,551
244,683
Beni
406,982
142,658
140,858
69,210
54,256
Pando
66,689
15,720
14,492
20,813
15,664

Source: INE,

122. According to the 2001 Census, the population under age 18, i.e. children and adolescents, was 3,908,462, accounting for 47.23% of the country’s inhabitants. In this generational group, the largest demographic weight is that of children under age 6, with 39.14%, second place going to the 7-to-12 age group which accounts for 32.41%, followed by 28.45% for adolescents aged 13 to 18.

123. An analysis of the projected population data by age group shows that in 2007 persons under age 18 account for 4,492,918, i.e. 45.71% of all inhabitants; of these, 50.94% are men and 49.06% are women.

Table 3

Bolivia: Total projected population, by calendar year,

sex and age group 2005 - 2007

AGE
2005
2006
2007
Total
Men
Women
Total
Men
Women
Total
Men
Women
Total
4,379,690
2,230,453
2,149,237
4,438,121
2,260,515
2,177,606
4,492,918
2,288,672
2,204,247
0-4
1,279,278
652,317
626,961
1,287,479
656,475
631,003
1,293,134
659,355
633,779
5-9
1,184,544
603,976
580,568
1,198,737
611,181
587,556
1,215,036
619,415
595,621
10-14
1,120,715
570,690
550,025
1,135,680
578,457
557,223
1,145,858
583,750
562,108
15-18
795,153
403,470
391,683
816,226
414,402
401,824
838,890
426,152
412,738

124. The structure of Bolivia’s population is a pyramid with a larger proportion of young people. In 2005, 57.5% were under age 25. The age groups with the greatest weight were children aged 0 to 4 and those aged 5 to 9 (see table 4). Accordingly, children constitute an especially significant population for setting State priorities.

Table 4
Bolivia: Population of children and adolescents, 2001-2015

Age groups
2001
2005
2015

Inhabitants
% of total
Inhab.
% of total
Inhab.
% of total
0 to 4 years
1,219,415
14.1
1,279,278
13.6
1,309,764
11.5
5 to 9 years
1,148,448
13.3
1,184,544
12.6
1,284,354
11.3
10 to 14 years
1,016,804
11.8
1,120,715
11.9
1,247,189
10.9
15 to 19 years
886,992
10.3
980,559
10.4
1,162,394
10.2
Population of children & adolescents
4,271,659
49.5
4,565,096
48.4
5,003,701
43.9
Total population
8,624,268

9,427,219

11,410,651

Source: INE-UDAPE, 2005,

125. In recent years the trend in Bolivia has been towards greater urbanization. The urban population, which stood at 62.4% in 2001, rose to 64.2% in 2005 and is expected to reach approximately 68% in 2015, which will mean greater demands for social services in the cities and greater challenges in caring for children.

126. The Human Development Report (see annex I) places Bolivia in 114th place in the Human Development Index ranking. In concrete terms, this means that 14.4% of the population lives on a dollar a day and 34.3% on two dollars a day, both groups being below the poverty threshold. [6]

127. Poverty is associated with the index of unsatisfied basic needs, which is also related to areas of residence of the population: 39% of the urban population and 90.8% of the rural population are in poverty, especially in remote communities of the high plateaux, valleys or plains.

128. With regard to the supply of food energy, it is also the rural populations which have the lowest consumption: 29 g. per person/day, which corresponds to half of what is considered the normal requirement.[7]

129. With regard to infant mortality, according to official data (National Demographic and Health Survey [ENDESA] 2003), 54 of every 1000 children born in 1998-2003 died during their first year, a relative decline compared with the previous period, 1993-1998, when the figure stood at 82. In relation to place of residence, the mortality risk is greater in the high plateau and in the valleys by comparison with the plains; the main causes of death among newborns are infections, complications in pregnancy and respiratory problems, especially asphyxiation.

130. One of the key characteristics of Bolivia is cultural diversity. It is a country of distinctive identities which has resolved to forge its unity out of diversity. Although these differences enrich the country, they are also a source of discrimination and exclusion, which is more evident with regard to indigenous groups of peasant origin, historically disregarded by public policies and lacking access to services and to participation in national life. Transforming these conditions is, for the present government and for all Bolivians, one of the major challenges to be faced if Bolivians are to live together under conditions of equity, forging social bonds out of their cultural diversity.

2. Political aspect [8]

131. From 2003 to 2007 Bolivia experienced turbulent times resulting from the wearing out of the prevailing economic model, a political crisis which involved three successive presidencies and, finally, social pressures aimed at calling national elections.

132. When the coalition of the Movimiento Nacionalista Revolucionario and the Movimiento de Izquierda Revolucionaria took office in August, 2002, it was announced that priority would be given to a policy of spurring recovery in order to overcome the economic crisis, the growing dependence on foreign investment and resources, as well as to reverse the high rate of open unemployment.

133. With that aim in mind, the measures pursued by the government of President Gonzalo Sánchez de Lozada have been aimed primarily at reducing the fiscal deficit and curbing tax evasion, by an increase in the Special Tax on Hydrocarbons and Derivatives (Impuesto Especial a los Hidrocarburos y Derivados - IEHD) paid by oil corporations and by levying a tax on personal income and on articles which are considered luxury goods. There is also an effort under way to reduce the State’s investment in social programmes, funding them from external donations.

134. There was widespread dissatisfaction over this set of measures, expressed through public declarations and mobilizations of different social sectors, some of which were also calling for the immediate application of previous government commitments that had not been fulfilled.

135. Such was the case with indigenous peoples seeking clarification of land title under the modality of Original Community Lands (Tierras Comunitarias de Origen -TCO), which had been persistently blocked by landowners through illegal occupation of their territories, mainly in the east of Bolivia.

136. Intense conflicts were sparked by the Government’s efforts to levy taxes and by unsatisfied demands, leading to what was known as “Black February” and armed clashes between police and military personnel which left a toll of 33 dead. The response of the social movements was to call for the resignation of the President and his cabinet.

137. The crisis persisted and, in October of the same year, was aggravated by the “gas war”, motivated by the official announcement of the sale of Bolivian gas to the United States and the vehement rejection by social organizations not only of the announced sale but generally of a fossil fuels policy which favoured transnational corporations that paid royalties of only 18% at the well-head on production of crude.

138. Social mobilizations were suppressed in the cities of La Paz and El Alto, and what had initially been a demand to recover ownership of the gas became a demand for the resignation of President Sánchez de Lozada, which occurred on 17 October 2003, on which date he submitted his letter of resignation to Congress and left the country.

139. Carlos Mesa, theretofore Vice President, took office as President. The announcement of a binding referendum on the fossil fuels policy, the review or amendment of the Law on Hydrocarbons, and the convening of a Constituent Assembly inspired hopes for better days among the population.

140. The Bolivian Workers’ Confederation (COB) submitted a petition incorporating the demands of different social sectors: the repeal of the Decree on neoliberal economic policy (Decree No. 21060), the Law on Hydrocarbons and the tax laws; the reduction of salaries of the authorities and an increase in the national minimum wage, inter alia. The National Congress approved the Framework Law of the Referendum on gas and hydrocarbons policy, which took place in July 2004. The majority decision (92%) was to recover the hydrocarbons.

141. The social movements formed the “Unity Pact” bringing together into a bloc the majority of peasant, indigenous and other popular organizations rallying around the defence of natural resources. Noting that the government plan of President Mesa did not change the essence of the economic policy, they resumed what was known as the “October agenda”, also calling for the convening of a Constituent Assembly with a view to the re-foundation of the country.

142. From that time forward, the government of President Mesa inspired mistrust both among the social organizations and among the conservative forces heading the directorates of the Civic Committee of Santa Cruz, which forced a presidential commitment to convene a referendum on autonomies; this became a demand that rallied civic leaders and entrepreneurs of the so-called “half moon” area (Santa Cruz, Beni, Pando and Tarija).

143. In 2005, the growing and uncontrollable political polarization of the country led to the final resignation of President Mesa, triggering the “June Events” whose epicentre was the city of Sucre and which impeded the constitutional succession of the presidents of the Senate and Chamber of Deputies. The Congress had to designate as chief executive the President of the Supreme Court of Justice, Eduardo Rodríguez Veltzé, with the sole mandate of convening general elections in December, 2005.

144. In the national elections of 18 December, Evo Morales Ayma, the candidate of the Movimiento al Socialismo (MAS) and leader of the coca producers’ movement, was elected Constitutional President of the Republic with 54% of the votes, a victory which inspired great expectations nationally and internationally.

145. With the formation of the new government, the country became the scene of momentous changes. The executive and legislative branches were re-constituted and the new government adopted measures during the first half of 2006 such as promulgating the Special Law on Convening the Constituent Assembly, nationalizing hydrocarbon resources and repealing article 55 of Supreme Decree No. 21060. These measures were complemented by others, such as the promulgation of the Community Renewal Act (INRA), which provides that unproductive landed estates will revert to the State for endowment to indigenous people or peasants who are landless or have inadequate land. These measures provoked divergent reactions in national public opinion.

146. The National Government called an election in July, 2006 to elect representatives to the Constituent Assembly, as well as to define by referendum in inclusion of autonomous authorities within the structure of the Bolivian State. In the election of representatives to the Constituent Assembly, MAS, the governing party, won 54% of the votes, which alerted traditional political circles and agro-industry entrepreneurs to the risk to their economic interests. From the outset, they opposed the Constituent Assembly and the approval of a new Constitution.

147. The results of the referendum on autonomous authorities confirmed regional divisions. Santa Cruz, Tarija, Beni and Pando voted Yes and the other five departments voted No, with which the country was left apparently divided. Since then, the Prefecture of Santa Cruz, styling itself the Pre-autonomous Departmental Government (Gobierno Departamental Preautonómico) took on the role of spokesman for the four departments of the “half moon”.

148. Positions with respect to the country’s future took shape. The business elite of Santa Cruz, strengthened by the presence of Andean entrepreneurs, directors of transnational corporations, Prefectures, civic committees ad political parties of the right, carried out various steps aimed at undermining the Constituent Assembly, such as systematically blocking meetings, holding violent demonstrations, and finally raising a marginal and extra-constitutional issue, “full capital status” for Sucre, a situation which unleashed the last social conflict in December, 2007.

149. Notwithstanding these actions, the Constituent Assembly succeeded in approving the new text of the constitution in the city of Oruro. The text will be submitted to a plebiscite.

150. The period 2003-2007 saw a transformation of the Bolivian State. After nearly two decades during which the neoliberal model was imposed, the population reacted by challenging that model and the State itself. This reaction found in MAS the instrument to carry out the struggle against that model and against the traditionally racist and class-oriented character of the Bolivian State. For the first time, the country has a constitutionally elected president who represents the indigenous majority excluded from political and social life during the 182 years of its existence as a republic.

151. Finally, it is important to note that, for the first time in Bolivia’s history, leadership of the State is in the hands of a political force which expresses three dimensions of awareness and struggle: ethnic-cultural, social-class and patriotic-sovereignty, embodying different social sectors and movements to constitute a plurinational sovereign State with social justice. Evidence of that resolve is the “democratic and cultural revolution” which President Evo Morales is carrying out with the aim of “living well” together, without privileges and exclusions.

3. Economic aspect

152. The last five years have brought several historic developments for Bolivia’s economy and have major implications for the country’s future which may provide an opportunity to reverse the worst features of persistent poverty, although the process may yet take several decades.

Latin-American Context

153. In regard to developments in Latin America, the following has been observed:

The four-year period 2003-2006 may be described as the best economic and social performance for Latin America in the last 25 years. Advances in reducing poverty and unemployment, improvement in income distribution in some countries and a substantial increase in employment are the main features that characterized this positive trend in several countries of the region. [9]

154. In this varied context, with enormous disparities among countries of the region, nearly all countries have experienced a positive economic trend since 2003. Average growth for the region was 5.6% of Gross Domestic Product (GDP) for 2006 and, although the trend is slowing down, the forecast is 5% for 2007 and 4.5% for 2008[10], with aggregate growth over six consecutive years (2003-2008) of 20.6% of per capita GDP, equivalent to an annual increase over 3% in annual average terms. Bolivia has not been at or above the average regional rate, especially during the last two governmental administrations, but it is within the trend of exceptional growth rates given our historical averages.

Situation in Bolivia

155. Casting a look back over the recent past, the first thing to note is that the overall results of the last five years, especially that of 2007, point to a reversal of the accelerating negative trend prevailing since 1998, when the last peak had been 5%, due primarily to a boom in foreign investment, and the worst point had been in 2001 with a 1.7% decline and a historic public deficit of 8.8% of GDP.

156. However, in the following year, 2003, things began to improve since GDP grew by 2.45% based on a substantial improvement in export volumes and prices. The fiscal deficit was 7.9% of GDP, 1.1 points below the previous year, although up to 69% of the financing of the deficit had to come from external resources. The fiscal crisis led to a fall in social public investment during the year and, to a lesser extent, a reduction in current expenditure. Complicating the picture, popular uprisings in February and October adversely affected economic activity.

157. As a result, the social sector was affected by diminished economic growth. Open unemployment reached 8.8% in urban areas, the number of self-employed workers grew by 9% and worker incomes lost ground in real terms, affecting consumption and production as a whole, which explains the widening of economic inequalities and a 0.17% rise in the poverty index.

158. Resources under HIPC II, designed to widen the bases and scope of public investment for the basic sectors of health, education and productive infrastructure, improved their level of performance, but obstacles remain which hamper management capacity and make it difficult to give priority to actions to reduce poverty and expand social protection.

159. Despite everything, the recovery of the economy did not have significant effects on the performance of the social sector, as was to be expected, since recovery has to be sustainable and its impact is felt over the medium term. The rate of open unemployment in urban areas was estimated at 8.7% for 2004, a half-point below that recorded in 2003, due to an upswing in manufacturing activity; but job growth occurred mainly in the informal sector. The rate of poverty for 2004 is estimated at 63.6% of the population, just below that of 2003 (64.1%); yet, the poor continue growing in number at the rate of 85,000 people per year.

160. The austerity measures promulgated at the beginning of this year led to a reduction in the budget for social investment; however, investment carried out up to September 2004 increased by 2.8% over that of September 2003.

161. Disbursements of HIPC II resources up to the third quarter of this year reached 208.5 million Bolivianos, which, added to the balance of the previous year (203.9 million), represent 412.4 million available in the municipal accounts of the Dialogue. In the same period, expenditures of the HIPC II account were 268.6 million, with a less-than-desirable level of execution of 65.1%.

162. To address the vulnerable population, a social protection network was created, formed of the Programme to Combat Poverty and Support Social Investment (PROPAIS), the Emergency Employment Plan (PLANE), the Programme for Children (PAN) and the Programme of Transfers (PT). To the beginning of 2004, PLANE carried out activities for 4.5 million US dollars and paid 75,000 wages. It is hoped that by mid-2005, a level of 200,000 wages paid can be reached.

163. In 2005, favourable trends in international trade continued. We again improved our trade balance with another surplus and increased our international reserves by 565.7 million dollars. In keeping with the new law on hydrocarbons, we improved fiscal revenues by 2,301 million Bolivianos, equivalent to 288 million dollars and 3% of GDP. Public investment reached a record level of 5,260 million Bolivianos, a 9% increase over the previous period and equivalent to 107% of projections for the period.

164. One discordant note for the national economy with respect to main macroeconomic indicators was the negative balance of foreign investment. For this year, there was a capital outflow of 276.6 million dollars, compared to direct investments of only 62.6 million dollars for 2004, as part of the strategy of disinvestment camouflaged as intra-firm payments and capital withdrawal.

165. For 2006, all trends and projections are proceeding more or less as expected. There is an increase in exports and adequate performance of the national economy. There is consensus about the soundness of the economy based on simultaneous excellent performance by the main sectors of the national economy, which had not occurred during a long period of our economic history.

166. The Social and Economic Policies Analysis Unit (UDAPE) offers the following summary of this situation. [11]

“The data show a real rate of growth in the order of 4.5%, the highest since the 5% reached in 1998 with the foreign investment boom, together with a low inflation rate (4.8%), similar to that of last year, and a lower unemployment rate of 7.6%. The external sector shows a record level of exports (4.1 billion dollars), a trade balance (over 1.3 billion dollars), a current account surplus (11.6% of GDP), record international reserves (over 3 billion dollars), and a balance of external debt for the medium term of 3,234.5 million dollars, the lowest since 1984. The fiscal sector shows the largest surplus in 66 years, equivalent to 5.9% of GDP, thanks to a contribution of IDH equivalent to 6.6% of GDP, without which there would have been no positive balance. Finally, the financial sector is showing strength and robustness, with deposits nearing four billion, which points to recovery of the sector after the decline that came on the heels of the financial boom of the mid-1990s, but with a lower degree of dollarization.”

167. In 2007, given the steady trend of international trade, the national economy is cooling off as a result of natural disasters and the fact that growth estimates had to be lowered from 5% to 4%, well below the 5.6% average for the Latin American region and far from the 6% that the Inter-American Development Bank (IDB) considers ideal in order to cope with the demands of development.

168. A key consideration, apart from climatological issues, is the low level of foreign investment, which, by World Bank estimates, barely reaches 13% of GDP, or which, according to the IDB, is far below the 2,500 million dollars needed annually. Another difficulty for the economy was inflation, which reached double-digit levels. Although it is primarily a result of a supply shock, it will complicate several of the budgetary forecasts for the upcoming period.

169. Unemployment problems will continue to be addressed by emergency plans and provisions for financing small and micro-enterprise reached only 22 million dollars, channelled through the Bank for Productive Development (BDP).

170. The central focus of social policy is on vouchers (bonos) and on a wide range of quick-impact sectoral measures. The school voucher raised enrolment by 10% over the previous year and, with the new “dignity voucher” aimed at persons over age 60, the aim is to reach 676,009 adults, 226,409 more than those who benefited from the Bonosol voucher. The remaining sectoral measures are as follows: In education there are 318,057 graduates of the literacy programme; the epidemiological shield encompasses vaccination of 4.9 million people against yellow fever, 3 million against rubella, etc.; the programme of free identity cards attained 281,900 cards for people of rural and suburban areas; etc.

171. Nevertheless, despite unquestionable advances in investment and social expenditure, at the regional scale Bolivia ranks ahead of only three countries: Jamaica, Nicaragua and Ecuador.

172. Statistical data on public expenditure are annexed.

B. General Implementation Measures

Legislation

173. In order to move forward in the implementation of the provisions of the Convention and of Bolivian laws concerning the rights of the child, Bolivia is exerting efforts to make adjustments and fill legal gaps which still limit full harmonization with the Convention and full support for specific policies aimed at protecting and promoting the rights of children.

174. With that aim in view, the following legal provisions have been adopted and given effect:

a) Law No. 2616 of 18 December 2003, which amends articles 21, 22 and 30 of the Law on the Civil Registry and articles 96 and 98 of the First Transitional Provision of the Code for Children and Adolescents;

b) Resolution No. 616/2004 of 29 December 2004 issued by the National Electoral Court, putting into effect the Regulation on registration of births;

c) Supreme Decree No. 27477 of 7 January 2005 providing for the inclusion of persons with disabilities in employment, with preference and job security;

d) Supreme Decree No. 28023 of 4 March 2005, which regulates administrative procedures for national and international adoptions;

e) Law No. 3300 of 12 December 2005, which creates and regulates the system of preventive immunizations;

f) Supreme Decree No. 28521 of 16 December 2005 which approves the creation of the Single National Registration System for Persons with Disabilities;

g) Law No. 3325 of 18 January 2006, pertaining to trafficking in persons and other related offenses;

h) Supreme Decree No. 28671 of 7 April 2006, which approves the National Plan of Equality and Equal Opportunities for Persons with Disabilities (PNIEO);

i) Law No. 3460 of 15 August 2006, aimed at promoting, protecting and supporting the practice of breast feeding;

j) Ministerial Resolution No. 0442 of the Ministry of Health, of 18 June 2007, which approves the “Zero Malnutrition” Programme.

175. The possibility of framing a new Constitution in the Constituent Assembly, in which all social sectors would be included, prompted organizations and institutions to contribute to the process of change by putting forward proposals for inclusion in the text of the Constitution. In particular, organizations of children and adolescents demanding that their rights be given constitutional status had the opportunity to be heard.

176. The result of this campaign is that the text of the new Constitution, in Chapter Three on Civil and Political Rights, Section V, refers to the rights of children, adolescents and young people.

Coordination

Vice-Ministry of Gender and Generational Affairs

177. The lead entity at the national level is the Vice-Ministry of Gender, Generational and Family Affairs, which reports to the Ministry of Justice. It was created on 9 March 2006 by Law No. 3351 on the Organization of the Executive Branch.

178. In its strategic orientation, the Vice-Ministry gives priority to the design and implementation of national public policies to protect the human rights of children, adolescents, the elderly and persons with disabilities.

179. In this framework, its specific functions are as follows:

a) To formulate, carry out, direct, coordinate and oversee policies, laws and plans which promote gender and generational equity, with equal opportunities between men and women, persons with disabilities in the physical, economic, social productive, political and cultural spheres.

b) To evaluate the execution and fulfilment of plans and programmes regarding gender and generational equity, persons with disabilities and vulnerable sectors;

c) To introduce a cross-cutting approach to gender and generational equality of opportunity for persons with disabilities into sectoral and public management policies, articulating actions with the branches of the State and civil society;

d) To formulate and carry out the national policy for the defence, protection and promotion of the rights of women, children, adolescents, youth, older adults, persons with disabilities, and vulnerable sectors;

e) To formulate regulations and instructions to strengthen mechanisms of protection in the framework of prevention, treatment, recovery and punishment of violence against women, domestic violence and sexual violence;

f) To formulate regulations and instructions to strengthen mechanisms of protection, prevention and punishment of institutional abuse of women, children, adolescents, youth, persons with disabilities, older persons and vulnerable sectors;

g) To monitor compliance with legislation and international agreements in matters of gender, generational affairs and persons with disabilities;

h) To monitor and articulate with prefectural and municipal governments the execution of policies and programmes on gender and generational affairs with a view to the protection of vulnerable persons in the economic, productive, social, sexual, political and cultural spheres;

i) To coordinate with relevant bodies the allocation of economic resources permitting the execution of policies, plans and programmes embodying a gender or generational approach or focusing on persons with disabilities.

180. For the execution of policies, plans and programmes, and in keeping with spheres of action, it coordinates with Ministries, legislative commissions, and authorities of the judicial branch at the national level. In the framework of administrative decentralization, it coordinates with departmental administrations and municipal governments.

National Council for Children and Young Persons

181. In May of 2005, under the auspices of the Vice-Ministry for Youth, Children and the Elderly, sectoral meetings were held by institutions which work with children and adolescents, organizations of children, adolescents and adults in order to appoint their representatives to the National Council for Children and Young Persons, which was established by the President of the Republic on the 18th of that same month.

182. Thereafter, the Council began its work and devoted itself initially to adopting its internal rules of procedure, designed to regulate its organization and operation. One of the key aspects of that document is the definition of the nature of the Council:

The National Council for Children and Young Persons is a body for consultation and coordination between the State and civil society which, according to articles 172 and 174 of the Code for Children and Adolescents, is empowered to make proposals, to engage in consultations, to perform follow-up and evaluation of public policies and integrated services for children and adolescents at the national level. Its operation is autonomous and independent of the branches of government.

Commissions on Children and Adolescents

183. Commissions on Children and Adolescents were created within the departmental councils of the prefectures and in municipal councils in order to establish decentralized organs at the departmental and municipal level entrusted with proposing and overseeing public policies aimed at children and adolescents.

184. Comprised of councilmen / aldermen and representatives of civil society, some of these Commissions have specific responsibilities, some with regard to policies and services, and others with regard to policies and actions for protection.

185. Both commissions include democratically elected representatives of organizations of children and adolescents.

186. The chairpersons of the Commissions on Children and Adolescents of the departmental councils of the prefectures are, by virtue thereof, members of the National Council.

Departmental Social Services

187. In each department there is a social services agency (SEDEGES) which reports to the prefecture. It serves as a technical and operational organ whose mission is to implement policies of care, social protection and compliance with social and educational measures, in accordance wit the provisions of the Code.

188. One of its main responsibilities is, directly or by delegation, to manage the reception centres in the department.

Offices for the Ombudsperson for Children and Adolescents

189. The Offices of the Ombudsperson for Children and Adolescents are a free municipal service for social and legal protection and defence, responsible to each municipal government.

190. Its specific functions are:

a) Promotion and dissemination of the rights of children;

b) Orientation and information addressed to the population and to children;

c) Prevention and monitoring of situations presenting risks to health, freedom and dignity of children and adolescents.

191. At present, 303 Offices of the Ombudsperson are operating in 329 municipalities.

C. Definition of the Child

192. The Convention, at the international level, and the Code, in national legislation, are generally in agreement in defining the child. The Convention provides that “a child means every human being below the age of eighteen years”; the Code, in identifying the subjects of protection, considers as children all human beings from conception to the twelfth birthday, and considers those up to the age of eighteen as adolescents, thus identifying two stages in the life of a minor.

193. It is important that these definitions, which apply equally to all Bolivian children and adolescents, be addressed with the characteristics that distinguish them. To that end, the Constitution in force recognizes that Bolivia is a multicultural and multilingual State, where there are more than 30 ethnic-cultural groups that preserve their own identity, mores and customs; this fact makes it possible to understand the different ways of being, thinking and living that children show in keeping with the cultural groups from which they come.

194. These natural and legitimate differences are theirs by right and, accordingly, they deserve to be respected and not to lead to excluding or disregarding any child or adolescent. To the contrary, they should be a focus of responsibility by the State, society and the family, with a view to generating better living conditions for children, whose lives are currently rife with obstacles to survival. Whether it be in the first month of their lives, or going on through the first year and reaching age five without being affected by malnutrition, children have to exert heroic efforts every day in order to enter school and begin to plan their lives.

195. This insecurity of living under conditions of exclusion and discrimination because one is different, and of being constantly at risk, affects the majority of Bolivians: children, adolescents and young people. It shortens the time one has to live and to mature; it requires one to prematurely assume numerous responsibilities, including the responsibility for one’s own subsistence. This constitutes a logical explanation for the minimum ages established for exercising rights, which are as follows:

a) The State has the obligation to ensure primary schooling for children and adolescents from age 5 (or earlier) through age 16; it must also provide those who do not timely enter the school system with the possibility of entering Adult Education as from age 15, with schedules that are compatible with work;

b) The minimum age for marriage, according to the Family Code is 14 years for women and 16 for men (article 44);

c) The Penal Code contemplates crimes against sexual freedom and provides that consensual sexual relations between adolescents over age 12 are not punishable, provided that there is no age difference of more than three years between the two adolescents and there has been no violence or intimidation;

d) Mandatory military service applies to male and female adolescents who have reached the age of 18;

e) The right to vote is also exercised at age 18;

f) According to the Code, the minimum age to work is 14;

g) Adolescents may change their identity without parental consent before reaching their 18th birthday;

h) With regard to adolescent pregnancies, the Code provides that girls may receive free, priority attention and medical, psychological and social counselling during the pregnancy, childbirth and post-partum periods (article 14 (3));

i) Adolescents from age 12 up to their 16th birthday who break the law are subject to social responsibility, and adolescents over age 16 who are responsible for conduct characterized as criminal are subject to criminal liability. Children who have not reached the age of 12 are exempt from social responsibility and may not in any event be deprived of liberty;

j) All children and adolescents have the right to testify, accompanied by their parents or guardians, in civil or criminal proceedings; they may also report offenses and express their feelings, thoughts and opinions regardless of age.

D. General principles

1. Non-discrimination

196. The principle of non-discrimination constitutes a rule and supports the declarations and measures adopted by the country, among which the following are noteworthy:

Constitution

197. The Constitution provides that every human being “enjoys the rights, freedoms and guarantees” provided by this Law, “without distinction as to race, sex, language, religion, political or other opinion, origin, economic or social condition, or any other.” (article 6)

198. The new text of the constitution approved by the Constituent Assembly in December, 2007 reiterates the recognition that every human being “without any distinction whatsoever” is a subject of rights. It also stresses its commitment to non-discrimination by providing that “II. The State prohibits and punishes all forms of discrimination based on sex, colour, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious creed, ideology, political or philosophical affiliation, marital status, economic or social condition, type of occupation, degree of education, disability, pregnancy or other condition whose purpose or result is to nullify or undermine the recognition, enjoyment or exercise, under conditions of equality, of the rights of all persons. III. The State guarantees to all persons and communities, without any discrimination whatsoever, the free and effective exercise of the rights laid down in this Constitution, the laws and international human rights treaties.” (article 14)

199. It is important to note in this text the inclusion of age as a factor of non-discrimination, which guarantees that children and adolescents will, like everyone else, be entitled to recognition of their rights.

Code for Children and Adolescents

200. The provisions of the Code establish and regulate the prevention, protection and comprehensive care which the State and society must provide. They are provisions of public order and enjoy preferential applicability “to all children and adolescents who are present in Bolivian territory without discrimination of any kind.” (article 3)

201. In the application of this principle, sectoral plans and programmes have been developed, especially during the last five-year period, in connection with the political changes under way. (See sectoral information.)

Best interests of the child

202. The true meaning of the best interests of the child is that the comprehensive, systematic and harmonious application of the rights granted to children by the Convention and Bolivian laws stand over and above any circumstantial consideration,

203. Applying the Convention and national rules means creating and securing opportunities for the effective realization of their rights, avoiding discretionality in interpretation which undermines the fundamental-law status of this concept, one which, beyond the legal order itself, extends to the formulation of public policies and the formation of a culture that respects the rights of children on an egalitarian basis.

204. Article 60 of the new Constitution incorporates this principle as a priority duty of the State, society at large and the family, to be concretized and guaranteed in all areas of national life. Accordingly, it provides: “It is the duty of the State, society and the family to guarantee that priority is given to the best interests of the child or young person. These interests comprise the pre-eminence of his or her rights, his or her entitlement to priority protection and assistance in any circumstances and to priority care by public and private services, as well as swift and timely access to the administration of justice with the assistance of specialized staff.”

205. In this way, the best interests of the child finds realization in practical day-to-day decisions and actions to be implemented, with regard to each of their rights as they are presented in this report, both in their realization and in their limitations.

3. Life, Survival and Growth

206. These rights, as first-generation, second-generation and third-generation rights, are set out in the Constitution, in other laws in force and primarily in the Code, which provides that every child and adolescent has the right to life and health. The State has the obligation to guarantee and protect these rights, implementing social policies which ensure proper conditions of gestation, birth and integrated growth.

207. The National Development Plan of the current government has as a core policy reducing the social, economic, political and cultural gaps due to cultural or ethnic affiliation, class, gender, generation and different abilities. It aims to restore the rights of the population who are rendered most vulnerable due to their living conditions, with the prospect of establishing a culture of equality and fairness, respecting differences, tackling discrimination, marginalization, exclusion and violence that especially affect women, youth , adolescents, older adults, children and people with different abilities. As part of the establishment of a national pact which involves the State and civil society, integrated intersectoral actions are envisaged to prevent, detect, report and punish all forms of violation of these rights.

Respect for the child’s views

208. In keeping with the doctrine of comprehensive protection, the opinion of the child is to be respected and taken into consideration in all activities of daily life. At present, these positive attitudes are being promoted through processes of awareness-raising, education, training and interaction of children and adults, with a view to achieving mutual acceptance and forming a culture of dialogue, as essential conditions for the realization of this right.

209. The Code, in keeping with the provisions of the Convention, recognizes that children who are “in a position to express their own judgment” have the right freely to express their opinion on all matters affecting them, by means of their own choosing, and that this opinion is to be taken into consideration.

E. Civil rights and freedoms

210. The Bolivian State ensures for all children and adolescents their right to: nationality, identity, freedom of expression, freedom of thought, conscience and religion, freedom of association and peaceful assembly, protection of privacy, access to adequate information, and the right not to be subjected to torture and other inhuman or degrading treatment or punishment, including corporal punishment.

1. Name and nationality

211. The right to a name and nationality establishes a principle of citizenship by enabling children to identify themselves as members of a family and a society, to be recognized as such by others and thus to be equal before the law.

212. Article 97 of the Code provides that every child should be registered in the Civil Registry immediately after birth; the first birth certificate is free, and this right is extended to adolescents not registered. Any act or procedure to give effect to this right is likewise free.

213. The details of this right have been spelled out by Law No. 2616 of 18 December 2003 amending the Civil Registry Act for the issuance of free birth certificates. These provisions pertain to the rectification and correction of errors in the names and surnames of persons registered as well as the addition or change of name or surname and rectification of sex, which are implemented through administrative channels in the Departmental Directorates of the Civil Registry.

214. It also establishes the registration procedure to be followed by biological parents or by guardians in case they are missing. In the case of adolescents or adults of any age, registration is subject to administrative processing according to regulations specially developed for the purpose by the National Electoral Court.

215. This Law also amends the Code with respect to the following:

a) Identity: defined as the right of children or adolescents to use their own individual name, paternal and maternal surnames (last names or conventional names), to enjoy Bolivian nationality, to know their biological parents and learn about their family history;

b) Free registration: the State is to provide the necessary resources for this purpose;

c) Conventional names: for the case of children of unknown parentage, by application to the court; the case of children not recognized by single parents, the registration must be done with a conventional paternal or maternal surname, according to an administrative decision.

216. Recent administrations have conducted campaigns for registration and issuance of free certificates, especially in rural and remote areas, with the support of international agencies, notably UNICEF.

2. Preservation of identity

217. Preservation of identity is a specific duty arising from the right to identity, and is part of the rights of children and adolescents. Change or modification of identity are permissible only in specific cases and on the basis of a judicial decision.

218. This right also makes special reference to the protection of the identity of persons under 18 years against the use and misuse of their image in the media promoted by consumer society, and also in the case of news broadcasts involving children or adolescents.

3. Freedom of expression

219. Article 12 of the Convention, although it introduces limitations as to age and maturity, specifically states that freedom of expression is a child's right and that others have the obligation to give the child the opportunity to exercise it, especially with regard to opinions or decisions that directly or indirectly affect the child.

220. This right, related to freedom of opinion, is in practice conditioned by the social and cultural context in which children and adolescents grow up.

221. To exercise this right, provision has been made for organizations of children and adolescents to participate by their representatives in the National Council and the Commissions on Children and Adolescents at the departmental and local levels.

222. The new proposal of the National Development Plan establishes fora in which children and adolescents can make proposals on public policies.

4. Freedom of thought, conscience and religion

223. The freedoms of thought, conscience and religion gradually come to be exercised in everyday life and are nurtured in the family and social interaction. They are therefore constantly at risk of impairment when adults, particularly parents and teachers, do not consider children and adolescents capable of making their own choices and do not recognize them as persons entitled to these freedoms and the rights they imply.

224. With regard to these freedoms, the “Avelino Siñani and Elizardo Pérez” Educational Project proposes:

a) To develop a secular and pluralistic education which respects the beliefs and spirituality of the original indigenous nations, afro-Bolivian people and the Bolivian nation as the basis of individual and community law.

b) To develop an education which permits knowledge of the histories, national and universal religious characteristics, and spirituality of the original indigenous and afro-Bolivian people.

c) To develop the knowledge and language of the original indigenous and afro- Bolivian people, and to promote interrelationships and coexistence with equal opportunity through mutual recognition and respect between the cultures of the country and the world, in an intracultural, intercultural and plurilingual framework.

5. Freedom of association and peaceful assembly

225. The exercise of these rights is guaranteed by the Convention and the Code, although many obstacles are encountered in daily life due to the characteristics of relations of power in different spheres. However, an example of the exercise of the freedom of association and peaceful assembly is that provided by various associations of children and adolescents, primarily workers. These freedoms are associated with specific rights, such as the right to free time and the right to inclusion.

226. It often happens that authorities, institutions and people in general adopt attitudes that stigmatize and discriminate against adolescents and young people, calling them “gang members” and linking them to criminal activities. However, it is the double standards of adults and consumer publicity which bring about situations of illegality that threaten citizens’ security and are often blamed on adolescents.

227. In order to change these negative social perceptions, the State, civil society and children and adolescents themselves are pursuing efforts aimed at promotion and organizational strengthening, the result of which is an ever-growing demand for opportunities and social settings that permit active involvement.

6. Access to relevant information

228. The limitations on the exercise of this right arise mainly from social communication, since the media are owned by private enterprises which are loath to give up lucrative or sensationalistic advertising, contrary to the educational purpose that would be expected from communication. However, there are initiatives by private institutions which seek to change this situation through awareness-raising and education of social communicators.

  1. Right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment
229. The exercise of this right, which forms part of civil rights, is established by Bolivian law.

230. The Code lays down a duty for all Bolivians to strive to protect the dignity of children and adolescents, defending them from violence and inhuman and repressive treatment in all areas of their lives: family, school, work, etc., and to report to the proper authorities suspicions or facts about the various forms of mistreatment.

231. Cases of mistreatment must be reported to the Offices of the Ombudsperson for Children and Adolescents, the prosecutorial authorities (Ministerio Público) or other entity competent over children and the family, who are required to take appropriate steps and bring the case before juvenile justice authorities within 24 hours.

232. Bodily injuries, be they minor, serious or very serious (lesiones leves, graves y gravísimas), battery followed by death, and harassment and torture are defined as offenses in the Penal Code. The latter offense is often reported by children or adolescents living in the streets and the perpetrators appear to go unpunished.

233. Bearing in mind that various forms of ill-treatment, especially physical punishment, tend to be justified by “educational” or “disciplinary” arguments, and considering the psychological consequences on the lives of children and adolescents, public and private protective institutions are developing programmes of training and socialization aimed at instilling a Culture of Good Treatment.

234. An important recognition of the right not to be subjected to torture or other cruel treatment is contained in the new Constitution. In Chapter II, on Core Fundamental Rights, article 15 provides: “Everyone has the right to life and to physical, psychological and sexual integrity. No one shall be tortured or suffer cruel, inhuman, degrading or humiliating treatment...”

F. Family Environment and Alternative Care

235. According to article 27 of the Code, every child has the right to grow up and be educated in an atmosphere of affection and security in its family of origin and, exceptionally, in a foster family which provides a family and community life. The child also has the right not to be separated from its family, save under special circumstances defined by the Code and ascertained by a juvenile court, following a hearing and exclusively for the purpose of protecting the child.

1. Responsibility of parents

236. The Family Code and the Code for Children and Adolescents lay down obligations of parents to ensure support, guardianship, protection and education for their children.

237. In this regard it is necessary to point out that parents, to meet these obligations, are necessarily dependent on the economic conditions in which they live. Due to a lack of family support, they often shift their responsibilities to institutions or to their children, who are obliged to generate income and contribute to the household’s livelihood.

238. Preventive family counselling is not yet a common practice, with intervention by institutions and professionals being more frequent, e.g. the Ombudsperson for Children and Adolescents when conflicts arise from breaches of parental responsibilities that affect the welfare of the children. However there is growing awareness of the importance of supporting and strengthening the family, to improve the quality of life of its members in general and children in particular.

2. Separation from the parents

239. The Code recognizes the right of children not be separated from their parents except in extreme situations. In the latter case, integration into a foster family is sought, with institutional placement being the last option to be considered.

240. In applying this provision, if both parents are deprived of liberty, children under 6 years stay with the mother at the prison; older children must be placed under the guardianship of the extended family. If that possibility is not available, they are placed in institutions or in foster care while the parents serve their sentences, maintaining family ties.

241. Notwithstanding these legal regulations, at present 730 children are living with their parents in the country’s prisons. This situation, which has been noted and discussed several times, is not easily solved, due in part to the lack of alternatives but also out of respect for the rights of parents and children; whilst acknowledging that prison is not the best setting for the development of children, this shortcoming is offset by not breaking family ties.

242. In cases of separation from the parents, article 196 of the Constitution provides that “the situation of the children shall be determined by taking into account the best care for them and their moral and material interests...” The Family Code provides that a father or mother distanced from a child due to marital separation has the right to maintain the filial relationship and supervise the education of the child; the child or adolescent, in this situation, should express his/her opinion, which is to be considered and respected because the child is a subject of rights, capable of choosing and deciding about his/her future. However, the judge is to consider whether the child’s opinion was given freely.

3. Family reunion

243. As has been indicated in response to the Committee’s observations, there are as yet no specific mechanisms to provide special care for refugee children separated from their families. However, this situation has been addressed by applying internal rules and the principles of non-refoulement, resettlement and family reunification.

244. In light of current migratory flows, separating parents and children who leave the country in search of work, the consequences are serious both for the children who stay and for those who travel, who are often repatriated. In these cases, family reunification should be the general rule, with a view to providing safety and security for migrant Bolivian families.

4. Children deprived of their family environment

245. Children and adolescents are deprived of a family environment usually because they are orphaned, abandoned or separated from their parents due to neglect or abuse. There are those who have been in trouble with the law.

246. The Code guarantees protection for children deprived of a family environment, temporarily or permanently, through the "foster family" (article 37), which, without being the family of origin, receives a child or adolescent and assumes the responsibility of the biological family, thus taking on the duty of protection, care and material and moral assistance to the child.

247. The departmental social services are tasked with ensuring the registration, oversight and accreditation of public and private agencies for the care of children and adolescents (article 180). As regards the offices of the Ombudsperson, these are expected to “remain apprised of the situation of children and adolescents in public or private institutions and promote administrative actions as necessary for the defence of their rights.” (article 196 (5))

248. However, both entities are fulfilling their functions only in part, due to organizational and resource shortfalls.

5. Adoption

249. In order to restore the right to a family, there exists the legal institution of adoption, which is available to children aged 0 to 18 years. Adoptions are granted by a juvenile court by a decision on the basis of the best interests of the adoptee; they are irrevocable, conferring the same rights and duties as those of children born of a marriage.

250. Adoption should be national as a matter of priority and exceptionally international; in both cases, the requirements and procedures provided by law must be complied with. In the case of international adoptions, these fall under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

251. Vice-Ministry of Gender, Generational and Family Affairs has as its primary objective promoting national adoption in order thus to ensure that our children remain in Bolivia; to that end, it plans regional seminars to validate its initiatives with institutions and actors involved in the sphere of adoptions.

252. A computerized system has been introduced for the accreditation of international adoption agencies and for post-adoption follow-up (SASPA).

253. Similarly, a draft Manual of Functions and Procedures has been developed which lays down procedural rules to be applied in administrative adoption procedures, return of children ad adolescents, and trafficking in persons, giving effect to the best interests of the child.

6. Removal and holding of children

254. Bolivia belongs to the Inter-American Convention on the unlawful holding of children abroad. Signatories to this agreement are Argentina, Brazil, Paraguay, Uruguay, Bolivia and Chile, countries that were convened by the Inter-American Children’s Institute.

255. The unlawful holding of a child or adolescent often occurs in the case of persons who are not related but who, having initial consent by the parents, prevent the children from rejoining their family by subjecting them to threats.

G. Basic Health and Welfare

1. Survival and development

256. Child survival and development are directly related to the quality of life of the family and the population at large, meaning, in other words, their situation with regard to poverty, which in Bolivia is higher than the Latin American average of 36%.

257. Poverty occurs among and more severely affects children and adolescents below age 18. Besides age, it also has a greater impact on children living in rural areas of the country; in that regard, they constitute a vulnerable group, together with women and indigenous people.

258. The low standard of living of the child and adolescent population leads to varying degrees of malnutrition, especially among children under age 5 who were born with a low birth weight due to pregnancies under conditions of poverty: families without incomes, adolescent mothers, and residents of depressed areas.

259. Malnutrition in any degree –chronic, moderate or severe—inevitably affects the growth and integrated development of children, with the imminent risk from the start of their lives of falling ill or dying prematurely.

260. The underlying cause of malnutrition is food insecurity in the home, due primarily to families’ limited physical and economic access to sufficient and appropriate foods. Moreover, rural areas have low agricultural potential: in 2003, 71% of municipalities (222 out of 314) had very low agricultural potential, due both to sparse arable land and to low yield and crop losses.

261. This inaccessibility also has geographical and cultural causes, in addition to the adverse macroeconomic environment and structural factors that aggravate poverty and hence malnutrition.

262. The most prevalent nutritional problem is anaemia, which affects children under age 2 and women during and after pregnancy.

263. According to the National Demographic and Health Survey (ENDSA) for 2003, 51% of children from 6 to 59 months old are affected by anaemia. The highest rate was among children aged 6 to 23 months: 70.7% to 88.7%.

264. The incidence of anaemia by location is as follows: Potosí 67.6%, La Paz 60.3%, Cochabamba 51.6% and Oruro 50.7%.

265. An urgent measure that has been applied is administering iron supplements in the form of syrup, covering under 25% of children below age 5, who received their third dose by November, 2006.

Table 5

Coverage of Administration of Ferrous Sulfate – 2006


Department

90 ferrous sulfate tablets to pregnant women
90 ferrous sulfate tablets to puerperal women
Micronutrient supplements to children aged
6-24 months
3rd dose of ferrous sulfate to children aged 1-4 years

Beni
Chuquisaca
Cochabamba
La Paz
Oruro
Pando
Potosí
Santa Cruz
Tarija

59.87%
71.69%
32.42%
58.19%
5326%
79.60%
47.98%
39.52%
47.19%

50.83%
53.04%
21.85%
42.76%
36.94%
60.45%
41.69%
20.77%
42.80%

65.26%
84.43%
20.97%
16.83%
19.84%
112.37%
30.62%
44.16%
35.48%

35.61%
61.75%
17.45%
23.67%
25.92%
51.87%
23.46%
20.53%
29.83%

Total

48.24%
34.10%
34.73%
25.45%

Source: MSD – SNISS –UN, November, 2006. “Zero Malnutrition” Programme.

Table 6

Coverage of Administration of Vitamin A –2006


Department
Single dose of vitamin A to children 6-11 months old
First dose of vitamin A to children 1-4 years old
Second dose of vitamin A to children 1-4 years old
Single dose of vitamin A to puerperal women
Beni
135.03%
43.61%
27.93%
59.33%
Chuquisaca
135.73%
69.82%
56.66%
49.67%
Cochabamba
95.59%
35.71%
25.78%
35.53%
La Paz
106.39%
45.00%
36.00%
45.02%
Oruro
117.70%
40.45%
31.83%
40.13%
Pando
142.91%
50.64%
40.26%
59.43%
Potosí
119.48%
69.40%
42.32%
47.28%
Santa Cruz
95.06%
35.94%
26.90%
42.76%
Tarija
105.33%
43.77%
34.36%
51.27%

Total

106.54%
44.39%
33.05%
44.14%

Source: MSD – SNISS –UN, November, 2006. “Zero Malnutrition” Programme.

266. Another measure implemented by the Ministry of Health since 2005 was fortifying vegetable oil for general consumption with vitamin A.

267. Policies and strategies pursued by the Ministry of Health in the Sectoral Plan in relation to children and adolescents are targeted at overcoming all forms of exclusion, maintaining management of the system and strengthening sectoral management units and services, as well as promoting a culture of complete health, building models of local development based on solidarity, inclusiveness, productivity, multi-culturalism and coordination.

268. To that end, the "Zero Malnutrition" programme was developed and adopted, seeking to eradicate malnutrition among children in Bolivia. Ministerial Resolution 0442 of 18 June 2007.

269. This programme is part of the "strategic policies and programmes of the National Development Plan and Social Development Plan 2006 - 2010."

270. The programme aims decisively to counter the malnutrition of Bolivian children, especially in municipalities that are most vulnerable to food insecurity, marginalized and excluded from public policies.

The policies formulated to that end and the corresponding strategies are as follows:

POLICIES
STRATEGIES
Unified System: unified inter-cultural community health system
Integrated model with a family focus; promotion and prevention according to needs.
Direction: Ministry of Health and Sports assumes guidance, regulation and management of the General Health System
Strengthening of sectoral management units and coordinated participation by public and private agencies, social actors and community.
Social mobilization: social participation and development of capacities for action and monitoring of health
Prioritizing and highlighting health; giving enforceability to the right to health with equity as well as accountability of public services
Promoting health: The State assumes responsibility for the quality of life of the population, promoting its components: food, housing, recreation, basic services, employment and income, social security and development.
Inter-sectoral coordination to ensure practice of the culture of comprehensive health in the framework of inclusive actions.
Solidarity: uniting to eradicate malnutrition and violence engendered by poverty and exclusion.
Inter-sectoral plans for improving the level of health of unprotected and excluded groups.

Inter-agency coordination

271. The Zero Malnutrition Programme, an initiative of the Ministry of Health, is deemed of sufficient importance to be implemented as an intersectoral policy of the National Food and Nutrition Council (CONAN)[12], headed by the President of the Republic and comprised of nine ministries: the Ministry of the Presidency and the Ministries of Planning and Development, Finance, Health and Sports, Rural Development, Agriculture and Environment, Education and Cultures, Production and Micro-industry, Water, and Justice, in addition to civil society.

272. At the departmental level technical responsibility for the programme rests with the Departmental Health Service (SEDES).

273. Operational activities at the local level are conducted by health networks and municipalities involving social and community organizations, in addition to health personnel, in charge of the three levels of care.

274. Another significant aspect is the priority given to areas of greater poverty which exist in some parts of the country and which engender food insecurity.

2. Disability in Bolivia

Legislation [13]

275. The laws and rules of Bolivia pertaining to disability include the following:

a) Law No. 8083 of 20 January 1957 creating the Bolivian Institute for the Blind;

Law No. 1568 enacted 6 August 1995 creating the National Committee on Persons with Disabilities (CONALPEDIS);

c) Law No. 1678 of 15 December 1995, the Disabled Persons Act, which, based on the Constitution, recognizes persons with disabilities as subjects of rights, particularly to education, medical care, rehabilitation and employment;

d) Supreme Decree No. 24807 of 4 August 1997, which provides persons with disabilities with access to regular public schools;

e) Law No. 2344 of 26 April 2002 whereby Bolivia endorses the provisions of the Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities;

f) Supreme Decree No. 27477 of 7 January 2005, which provides persons with disabilities with access to sources of employment, granting them preference and job security;

Supreme Decree No. 28671 of 7 April 2006, which approves the National Plan of Equality and Equal Opportunities for Persons with Disabilities (PNIEO).

Educational opportunities

276. The following initiatives are noteworthy;

a) Creation of Centres for Special Education in Santa Cruz, Cochabamba, Tarija, Beni, La Paz;

b) National Plan of Studies for Teachers, through intensive training courses of six months;

c) Distance Education Programme at the Universidad National de España (UNED), proposed in 1998, adopted in 2001;

d) The Ministry of Education and Culture and the Episcopal Conference pursued the creation of the FEDIA “School for Parents” in special education centres;

Creation of the Institute for Child Adaptations (Instituto de Adaptación Infantil - IDAI) in La Paz;

f) The Bolivian Institute of Culture assumed responsibility for pedagogical training of parents and siblings of persons with visual disabilities.

Services offered

277. The services offered in the country are of two kinds:

General Services for all persons with disabilities, consisting of general medicine, paediatrics, early stimulation (0 to 5 years), employment training, psychology, social service, instruction and educational integration;

Specific Services: according to type of disability, e.g. auditory, mental, visual, mental retardation, multiple disability, etc.

278. Community- and family-based rehabilitation (RBC): In this modality, three pilot projects were carried out (TDH-Holland Working Group 2005) in which responsibilities were shared between the organized community, the family, NGOs and technical teams:

In Yotala: Sucre – Chuquisaca;

In Aiquile: Consipe - Cochabamba.

279. In addition to organizing community groups for support, arrangements have been made for training of promoters, local technical support for production of crutches and walkers, education and community awareness, and launching of economically productive activities. Persons with disabilities have also been incorporated into the regular educational system: 2,983,768 school-age children have been enrolled, accounting for 26%, while 74% remain outside (INE 2002).

280. In Cochabamba, 130 primary schools received 478 children with disabilities.

Research

281. In the absence of systematic informational documents on the status of persons with disabilities in Bolivia, the Vice Ministry of Education sought the advice of JICA to perform this basic task. The aid was made available by provision of a specialized professional who began work in August 2004, primarily to collect statistical information about people with special educational needs being addressed in the existing centres in the country. The results obtained through questionnaires and follow-up visits provided the basis for technical definitions and the reclassification of disability problems, in keeping with current terminology.

282. For statistical purposes and overall educational planning, the data were concentrated in four areas of disability:

a) Intellectual disability (DI);

b) Motor disability (DM);

c) Auditory disability (DA);

d) Visual disability (DV).

Institutions and coordination

283. In the process of strengthening relations between the State and civil society in regard to disability of children and adolescents, organizations currently working in coordination include the following:

A National Committee on Persons with Disabilities (CONALPEDIS);

Nine departmental committees (CODEPEDIS);

20 Municipal Disability Units (UMDIS);

d) Three national and seven departmental organizations of persons with disabilities;

e) One organization of relatives of persons with disabilities.

H. Education, Leisure and Cultural Activities

1. Education

284. The educational policy implemented in the country since the promulgation of the Educational Reform Act (1994) tended to prioritize primary education, especially during the first phase of its implementation (1995-2003). However, in 2004, the Bolivian Education Strategy, through the 2004-2015 Multi-year Operational Plan, put forward actions at all levels and in all modalities for formal and alternative education. [14]

285. Educational services are decentralized, so that municipal governments are responsible for infrastructure, equipment and maintenance of educational units under their jurisdiction. The administration, supervision and control of human resources falls to the Departmental Educational Services (SEDUCA), which have district head offices that are accountable to the departmental prefectures.

286. The educational reform in force until 2006 aimed at a global transformation of the national education system, in both the education-curriculum and the institutional-administrative dimensions. It took an intercultural, bilingual approach, creating a structure for social participation. The main objective was improving educational quality, furthering the ability to meet local learning and development needs. Progress in the education sector in terms of results achieved can be assessed through interpretation of the education indicators presented in annex.

287. The Ministry of Education and Cultures has developed the 2004-2008 Multi-year Operational Plan, which is the strategic plan for the sector and is primarily aimed at improving the quality of education, promoting intercultural education, and improving school access and retention to achieve sustainable human development, emphasizing the achievement of the Millennium Development Goals.

288. Since 2006, the process of change pursued by the education sector under the National Development Plan has pursued the following objective: To transform the vision, design and operation of education at the initial, primary, secondary and technical levels, in both the formal and alternative modes, so as to produce synergy between productive elements and social and community development.

289. An overview of education in Bolivia shows that it is one of the most complex sectors, one in which modernizing ideas and practices do battle with conservative ones.

290. In any case, this dynamic has the merit of promoting progress, especially in regard to rebutting the myth that education is the sole responsibility of the school and the teacher. Even before the globalization process, Bolivia was engaged in educational reform by promoting universalization of rural education and primary education.

291. Furthermore, the diversification of education in terms of approaches, modalities and agencies has brought about more access by institutions, groups and individuals with common concerns to the mechanisms of action related to education, helping to articulate and give substance to the principle that education is a social responsibility.

292. The process of globalization stressed the importance of improving education by emphasizing the economic value of knowledge and requiring institutions to effectively disseminate it, but it maintained the characteristic of excluding consideration of the individual as the focus of the educational process, in terms of exercise of rights. This means discrimination, exclusion and selectivity in the service of greater economic productivity, which makes education a knowledge industry. However, the use of technology and capacities for applying it, which depend directly on the level of training of human resources and the pace of expansion of flexible educational processes responsive to the demands of the social context, are recognized as contributions to educational development.

293. Globalization also contributes quantitatively and qualitatively to educational development by organizing networks, as long as the simultaneous growth of consumerism does not nullify the ideals that lend legitimacy to individual rights to education, empowerment and cultural diversity.

294. In the changing context of the last five years, a range of useful practical experiences have arisen, especially in rural communities in Bolivia’s Amazonian, Andean and Chaco areas, with the "Children and Cultural Diversity" system of working groups, as well as campaigns for literacy, educational equipment and concrete economic aid.

“Yes I can” National Literacy Programme

295. This programme is the result of a cooperation agreement with the Government of Cuba signed on 30 December 2005 and has the following characteristics;

a) Purpose:

i) To mainstream into active civic life people over age 15 who are illiterate and physically limited and who did not have access to the educational system;

b) Achievements (from 1 March to 31 December 2006):

i) Literacy centres: 14,460;

ii) Participants: 311,477;

iii) Facilitators: 18,012;

iv) Graduates: 68,677;

v) Coordination: Armed Forces, Church, NGOs and rural teachers.

296. This programme encountered difficulties in reaching out to rural settlements, especially through the use of TV and video players, but today continues apace.

New Law on Bolivian Education

297. This law has the following characteristics:

a) Purpose: Changing the bases of Bolivian education with a view to giving it a de-colonizing, community-oriented and productive orientation;

b) Innovative measures:

i) Language teaching: one original language, Spanish and one foreign language, in schools and colleges;

ii) Formation of “Community Educational Councils” as active members in educational management: parents, school boards and territorially-defined organizations as well as teachers and students;

iii) A uniform training programme for teachers working in urban or rural areas;

iv) Postgraduate training at the level of licenciatura in Graduate Teachers Colleges (“Escuelas Superiores de Maestros”);

v) Decentralization of public universities towards the rural area and settlements, as needed;

vi) Common basic curriculum for public and private universities and colleges.

Measure to prevent school-leaving

298. Bolivia has introduced the “Juancito Pinto” school voucher as a means of redistributing incomes generated by nationalization of hydrocarbon resources.

299. By means of this voucher the Government directly disburses 200 Bolivianos to schoolchildren in primary grades 1 to 5 to be used to pay school expenses.

300. The recipients of this distribution in 2006 were as follows:

a) In the provinces of the nine departments:

Santa Cruz
160,052 schoolchildren
Cochabamba
149,410 schoolchildren
La Paz
135,496 schoolchildren
Potosí
88,027 schoolchildren
Chuquisaca
55,133 schoolchildren
Beni
51,522 schoolchildren
Tarija
36,169 schoolchildren
Oruro
23,392 schoolchildren
Pando
7,001 schoolchildren

b) In the departmental capital cities, the recipients are as follows:

Santa Cruz
142,672
El Alto
102,092
La Paz
66,751
Cochabamba
61,526
Oruro
28,303
Sucre
28,078
Potosí
23,862
Tarija
19,924
Trinidad
13,185
Cobija
3,533
Total:
489,926 schoolchildren
Grand Total:
1,196,128 schoolchildren

301. In the distribution for the current period(2007) the Government seeks to extend the benefit to students in sixth grade, those in special education and children of young people enrolled in adult education.

302. Distribution has begun and is expected to reach 1.4 million students in a total of 13,181 educational units in the country, in order to discourage dropping out of school (November-December 2006).

Remote education community centres

303. This initiative has the following characteristics:

a) Purpose: Using information and communication technologies to improve the quality of education systems in rural and peri-urban areas; also to facilitate community access to data processing services and telephony;

b) Achievements:

i) Signature of agreements with municipal governments;

ii) Organization and operation of 250 Remote Education Community Centres (December 2005 to March 2006);

iii) Activation (in December 2005) of eight remote centres with appropriate equipment;

iv) Distribution of 2,412 computers at 30 educational units, as well as 320 at 19 technical institutes.

School infrastructure

304. This initiative has the following characteristics:

a) Purpose: Improving school infrastructure and recovering the knowledge base of original indigenous peoples;

b) Achievements:

i) Investment of 10.5 million dollars distributed to 70 municipalities, earmarked for expansion, furnishings and equipment of educational units (2006);

ii) Recovery of knowledge as a basis for “productive workshops” to strengthen family and local socio-economic development;

iii) Delivery of tractors to six technological institutes (agricultural, community and crafts) to support productive education in the framework of preservation of natural resources.

Teacher training

305. This initiative has the following characteristics:

a) Purpose: To qualify graduates for higher education.

b) Achievements: Creation of the Instituto Normal Superior Tecnológico Humanístico, in El Alto La Paz (6 March 2006). Supreme Decree 28625.

Intercultural Bilingual Education (EIB)

306. This initiative has the following characteristics:

a) Purpose: To develop intercultural bilingual education;

b) Achievements: Training of bilingual teachers in six indigenous towns of the Amazonian area, with a view to realizing bilingual intercultural education, in coordination with municipalities, with support from UNICEF and with participation by grass-roots organizations.

Teacher training and evaluation

307. According to the Ministry of Education in the past two years 20,000 teachers have been trained, having been awarded a voucher to participate in the program.

308. Of teachers working with the new curriculum, 57% work in the lower primary grades and 43% at secondary level. An incentive scheme has been launched to encourage retention of teachers in rural areas.

309. The evaluation process includes the performance of students, teacher performance[15] and progress of the reform and the strategic plan. It is embedded in the processes of popular participation and decentralization. Institutionally, the system is led at the national level by the Ministry of Education with the support of a coordination and monitoring entity, the National Education Council, and regional and local entities. Locally, there are Core and District School Boards; departmentally, there are Departmental Education Councils.

Future project

310. “Multiservice Education Boats” are designed to provide internet, library and laboratory services to students living in areas accessible only by river, in coordination with the Bolivian Navy.

2. Recreation and cultural activities

311. In regard to recreational opportunities for children and adolescents, urban infrastructure offers greater possibilities as it allows for construction of neighbourhood parks and sports fields for children. Also, within educational facilities, spaces for recreation and sports are being expanded. Cultural activities have been democratized and, beyond the formal setting, travelling art groups are offering performances for communities. However, there are no specific legal rules.

I. Special Protection Measures

1. Children in exceptional situations

i) Refugee children

312. In Bolivia, cases of refugees have been addressed applying internal rules and the principles of non-refoulement, resettlement and family unification. In that regard, refugee status has been granted both to children and to their families.

313. Bolivia has acceded to the Convention relating to the Status of Refugees of 1951 and its Protocol of 1967, through the Law of the Republic dated May 5, 1980, with ratification of both instruments by Law No. 2071 of 14 April, 2000.

314. Supreme Decree 19639 of 4 July 1983 created the National Commission for Refugees (CONARE), which has the power to receive applications for refugee status, work in the selection process and grant or deny refugee status.

315. The legal instruments on the subject have taken shape against the background of international refugee law to protect persons who fear persecution by reason of race, religion, nationality, membership in a particular social group, or their political opinions.

ii) Children affected by armed conflict

316. In Bolivia there are no situations of armed conflict and, in order to protect the safety of children, Bolivia has recently ratified the Optional Protocol to the Convention on the Rights of the Child concerning participation of children in armed conflicts, by Law No. 2827 of 3 September 2004. To that end, the Permanent Mission of Bolivia to the United Nations in New York has been given full authority to deposit the corresponding instrument of ratification. And, in keeping with paragraph 2 of article 3 of the Optional Protocol, instructions have been given that the following declaration will be made upon deposit of the instrument of ratification:

Bolivia declares that, under its legislation in force, the minimum age for compulsory military service in the armed forces is 18 years. As for pre-military service, it is a voluntary alternative available for young persons from the age of 17 years.

2. Adolescents in conflict with the law

317. Under the Convention on the Rights of the Child, the administration of justice constitutes an important chapter. In domestic law, the Code states in Article 213 that the State guarantees every child or adolescent access on equal terms to the various legal fora.

318. It is when they enter into conflict with the law, and in the approach used to resolve such conflicts, that practices for protection of rights and the distortions of such rights come to light.

319. According to the Code, it is adolescents between 12 and 18 years of age who, when they commit an act characterized as criminal in the Penal Code or special penal laws, are liable to be brought to justice. In the case of adolescents from age 12 up to their 16th birthday, this behaviour is called infringement, the responsibility incurred is social, and they are subject to socio-educational measures ordered by the a juvenile court (Juez de la Niñez y Adolescencia).

320. Once they have completed 16 years and until the age of 21, they are tried by the ordinary courts, their liability is criminal and, if they are deprived of liberty, they serve their sentence in prisons for adults. However, in accordance with the Code, they are to receive the protection afforded by these rules.

321. Adolescents in conflict with the law deserve recognition and enforcement of their right to equality before the law in an environment where poverty and adverse socio-economic conditions create the context of their situation and are the triggers for the conflicts in which they are involved, without thereby relieving them of their own responsibilities. Likewise, the Code guarantees the right to due process (article 214) and compliance with the principles which ensure the quality of due process.

Present situation

Table 7
Male adolescents and youth, under age 21, in conflict with the law

who are deprived of liberty in correctional establishments


N.º

Department

City

Establishment
Total prison population
Number and % of adolescents and youth under age 21
1

La Paz
La Paz
San Pedro
1,377
147
11%

El Alto
San Pedro de
Chonchocoro
122
7
6%
2
Oruro
Oruro
San Pedro
301
23
8%
3

Santa Cruz

Santa Cruz
Santa Cruz “Palmasola” Rehabilitation Centre
2,237
235
11%
4
Pando
Cobija
Villa Busch (Model Jail)
111
35
32%
5
Beni
Trinidad
Mocovi for Men
220
34
16%
6
Chuquisaca
Sucre
Son Roque
87
20
23%
7
Potosí
Potosí
Cantumarca
168
30
18%
8
Tarija
Tarija
Morros Blancos
161
36
22%
9

Cochabamba
Cochabamba
San Sebastián
324
28
9%
San Antonio
129
18
14%
El Abra
308
46
15%
Total population and No. of male adolescents and youth
5,545
659

Source: 2005 Yearbook – National Police. National Directorate of Prison Security. Cited in the research work “Towards a Public Policy”.

Table 8
Female adolescents and youth, under age 21, in conflict with the law

who are deprived of liberty in correctional establishments


N.º

Department

City

Establishment
Total prison population
Number and % of adolescents and youth under age 21
1


La Paz


La Paz
Obrajes Centre for Women
238
20
8%

Miraflores Prison for Women
59
3
5%
2
Oruro
Oruro
San Pedro
24
2
8%
3
Santa Cruz
Santa Cruz
Santa Cruz “Palmasola” Rehabilitation Centre
307
50
16.3%
4
Pando
Cobija
Villa Busch
4
1
25%
5
Beni
Trinidad
Mocovi
17
1
6%
6
Chuquisaca
Sucre
Son Roque
21
1
5%
7
Potosí
Potosí
Cantumarca
21
3
14%
8
Tarija
Tarija
Morros Blancos
8
0
0%
9
Cochabamba
Cochabamba
San Sebastián
115
3
3%
Total population and No. of female adolescents and youth
814
84

Source: 2005 Yearbook of the National Police, cited in the aforementioned research work.

322. As shown in the above tables, the punitive-repressive approach prevails in practice, in addition to technical and resource constraints. The frequent use of deprivation of liberty, forgetting that it should be a last resort, can have no other meaning.

323. However, it is important to note that, despite the difficulties, the issue of juvenile justice is now part of the public agenda and is the subject of debate and of training initiatives, with a view to designing for the medium term a specialized system of juvenile criminal justice more consonant with the provisions of the Convention and the Code.

324. A sample of the interest shown and the determination to change is the “Qalauma Centre” project, which began in 2002 at the initiative of the Ombudsperson and the Latin American Lay Movement (MLAL), which proposed to create a specialized centre for internment of adolescents older than 16 years who are in prisons in the city of La Paz.

325. This project began to be realized in 2003 when the sponsoring group received a donation from the Cruz Baptista family of a parcel of land in the province Ingavi, department of La Paz, 30 kilometres from the city, on the condition that a source of employment for families of the community be created. The MLAL assumed responsibility for the construction, which began on 21 June 2004 with start-up funding from the European Union. The Italian Episcopal Conference (CEI) also provided funding for three years, due to efforts by the Diocese of El Alto.

326. A working group was also established, with participation by the Ombudsperson, Prison Pastoral Care, the group Citizens' Empowerment and Rights (Grupo Capacitación y Derechos Ciudadanos), the group Pro Adolescentes Bolivia, Defence of Children International, Bolivia Section, UNICEF, and the Prison System Directorate. One of its aims was to build awareness and involvement by national and local authorities in actions geared to offering alternatives for adolescents deprived of liberty.

327. In the year 2006 an agreement was signed whereby the State recognizes the Qalauma Centre and assigns resources. For its part, MLAL organized a professional team in charge of designing the programme of care and establishing contact with adolescent prisoners incarcerated in prisons of La Paz, developing recreational and cultural activities (2004 to 2007).

Nature of the Qalauma Centre

328. The Qalauma Centre (Qalauma means “stone and water” in the Aymara language) is a facility devoted to adolescents and young people in trouble with the law, in order to work with them in applying a model of care conducive to education and assumption of responsibility.

329. It is conducive to responsibility because, as a first step towards rehabilitation, it promotes recognition of the act committed and reconciliation with the victim. It fulfils an educational function by returning the adolescents to family and social life in a lawful setting, without trauma or repression, with acceptance of the consequences of their acts and with technical training to further their personal fulfilment in a socially acceptable and productive manner.

330. It is a flagship initiative to be replicated, in particular by reason of its philosophical orientation, the commitment of those who are pursuing it, and because it responds to a perceived social need. It represents the start of a task to be undertaken in each department in view of the number of adolescents who are currently incarcerated in settings not the least conducive to their rehabilitation and reintegration.

3. Children subjected to exploitation

i) Economic exploitation

331. Work by children and adolescents in Bolivia is not a recent phenomenon, but from the 1980s, coinciding with the economic crisis the country went through, the number of working children has increased considerably, especially in commercial and service activities pursued in public spaces in the cities.

332. In considering child labour, information available for 2001[16] indicates that 116,000 children aged 7 to 13 years reported that they were engaged in productive activities relating to goods and services and about 2,500 said they were unemployed and seeking employment. That reality contrasted with the standard then already set, according to which the minimum age for employment was 14 years. As for adolescents, out of a total of 729,000 people aged 14 to 17, 27% (198,000) engaged in some economic activity.

333. In both age groups there were apparent differences, such as for example the type of activity by gender. Girls and young women, in urban areas, were concentrated in the service sector and put a great deal of their time into solving family problems and homemaking.

334. According to this study, children are working in the informal sector because they are not of the minimum age set by law, leaving them vulnerable in light of the unfavourable conditions in which they work. Among the features of their activity are the following:

a) Most are victims of labour exploitation and physical and psychological ill-treatment;

b) The income they earn is minimal, so that their activity may be considered a subsistence activity;

c) They lack access to social security and their workday exceeds standard hours;

d) They face labour instability and are relatively unqualified;

e) Work often forces them out of the school system and, when they are able to attend school, their school performance is poor;

f) Child and adolescent workers make a significant contribution to generating family incomes in small informal units.

335. Another finding was that participation of children and adolescents in the labour force is higher in rural areas than in urban areas: 44% of children and adolescents work.

Measures adopted

336. Generally the participation of children and adolescents in work is motivated by family needs and in many cases it becomes a life choice. This reality has to be dealt with mainly by focusing on the causes rather than by simply forbidding work as an "offense" that should not be committed.

337. Although very little has been done in trying to eliminate the causes of child labour, over the last decade, under pressure especially from international organizations, discussions and efforts to reach consensus on means to reverse the situation have gotten under way. From that perspective, the plan described below takes on importance:

338. Supreme Resolution No. 220849 of 7 June 2001 approved the National Plan for the Gradual Eradication of Child Labour. This plan was developed by an inter-ministerial commission, established by the Ministry of Labour on 26 December 2002 through Ministerial Resolution No. 597/02. The importance of this plan stems primarily from its policy guidelines and areas of intervention, as well as from the interagency coordination achieved.

339. The policy guidelines of the Plan are: institutional development; joint responsibility; and resource mobilization. The selected areas of intervention are meant to meet priority needs:

a) Reducing labour by children under age 14;

b) Protecting adolescent workers over age 14;

c) Eradicating the worst forms of labour by children and adolescents.

340. The areas of intervention include: promotion, prevention, monitoring and direct care.

341. With five years (medium term) of the Plan having elapsed, an evaluation was performed, whose results were formulated according to lines of intervention:

342. Promotion focused on three strategic areas: raising awareness, providing information and encouraging receptivity to the issues. The advances achieved along these lines consist of having made the negative consequences of child labour visible to public opinion.

343. Under the heading of prevention, actions were carried out relating to the creation of a database of child and adolescent workers in the sugar cane harvest (Santa Cruz - Bolivia), an activity that is considered important in view of the lack of statistical data on child labour in this productive sector.

344. With regard to schooling, which is considered one of the strategic objectives under this heading, actions were undertaken to ensure that child and adolescent workers have access to and remain in the Alternative Juvenile Education Programme, under the responsibility of the Ministry of Education and Culture.

345. In regard to social and labour improvements for working children, workshops were conducted with parents, teachers from educational units and employers. These activities were of an awareness-raising character.

346. The dimension of monitoring was designed in order to “review, adapt and harmonize” child labour legislation; this purpose was not achieved, nor were the mechanisms of control and monitoring duly applied.

347. In the area of direct care, actions were taken related to projects carried out in the period 2000 – 2004. The results achieved were useful for working children and adolescents and their families, especially through the formation of social networks, educational programmes, economic initiatives, health services, and reintegration programmes.

348. The limitations identified in this process are indicative of the magnitude and complexity of the problem and the strategies needed to meet it. This is why it is not yet possible to identify the impact of the programme after five years of implementation and it is possible that even after ten years, the mere fact that some children and adolescents stop working may not mean that their standard of living has improved, so long as there has not been a change in the structural conditions that force them to survive on their own.

349. Furthermore, the legal prohibition of child labour, which finds expression in actions aimed at its eradication, can not affect the right to life of children and adolescents, ignoring the causes and motivations that lead to premature labour by children and adolescents. That is why solving this problem means offering alternatives to families and children in order to avoid work under conditions of exploitation and in situations of risk and lack of protection.

ii) Exploitation and sexual abuse

350. Sexual violence, in its commercial and non-commercial forms, that affects children and adolescents is a problem that has not yet been addressed adequately. The causes are multiple and are related mainly to gender and generational power relations, patriarchal culture, cultural representations that devalue children and adolescents, patterns of child-rearing, intra-family violence and related conflicts; these are aggravated by other factors of structural origin.

351. Research conducted in the cities of La Paz, El Alto, Cochabamba and Santa Cruz in 2004[17] found that commercial sexual violence is on the rise, taking place in brothels, bars, karaoke bars and even private homes. Approximately 1,453 children and adolescents between 11 and 17 years suffer this form of exploitation and the figures represent about seven per thousand.

352. The research explains the increase in commercial acts sexual of violence as the product of the following contributing factors:

a) The increased demand for sexual “services”;

b) The family’s poverty and its expectation of receiving a good income;

c) Family disintegration;

d) Experiences of sexual abuse at an early age;

e) Low self-esteem and lack of opportunities for self-realization;

f) Subjection through deceit, blackmail and inducement to consume alcohol and other substances.

353. Given this increasingly disturbing evidence and the link between commercial sexual violence and trafficking in persons, Act No. 3325 of 18 January 2006 has been promulgated. It relates to human trafficking and other related offenses, to include a chapter in the Penal Code which defines these offenses.

354. Specifically with regard to commercial sexual violence, this rule provides the following:

a) Article 281 bis:

i) Deprivation of liberty for 8 to 12 years in the case of trafficking in human beings for purposes of commercial sexual exploitation: pornography, paedophilia, sex tourism, commercial sexual violence;

ii) The offense is aggravated when it involves trafficking of a child or adolescent, the perpetrator is a parent or guardian, the perpetrator or participant is part of a criminal organization, and when the perpetrator or participant is a pubic authority or official entrusted with protecting the rights of children and adolescents.

b) Article 281 quater:

i) Defines pornography and obscene portrayals of children or adolescents and provides for a penalty of seven years’ deprivation of liberty;

ii) The offense is aggravated when the perpetrator or participant is a parent or guardian;

c) Article 321:

i) Punishes procuring with two to six years’ deprivation of liberty and a fine of 30 to 100 days;

ii) The offense is aggravated when the victim is a child, adolescent or person with a disability.

355. As for non-commercial sexual violence, which takes various forms, it continues to occur in the settings closest to children and adolescents, such as home, school, church and sports fields, the perpetrators being persons whom the children know and trust, including relatives.

356. There has been an increase in reporting; however enforcement remains difficult, sometimes because the perpetrator is favoured, sometimes because the victims are blamed for provoking the situation, and due to shortcomings in the rule itself and its application. But social reactions against these problems are becoming more effective and coordinated actions are taking shape by the State and civil society aiming to change the rules and to train administrators and justice personnel and the staff of institutions providing care and protection, and to help restore the physical and emotional health of victims.

357. Given the complexity of this problem, solutions can only be achieved in an integrated manner and through sustained inter-sectoral action.

J. Future Projects

358. In order to improve opportunities for the realization of the rights of children and adolescents, the Ministry of Justice, through the Vice-Ministry of Gender, Generational and Family Affairs, in coordination with UNICEF and other cooperation entities, has set out a working agenda with the following programmes:

a) National programme for zero street children;

b) National programme for children whose parents are deprived of liberty;

c) National programme of integrated child development for children aged 0 to 6;

d) National programme for institutionalized children and adolescents;

e) National programme against commercial sexual violence and sexual abuse of children and adolescents;

f) National programme for gradual eradication of the worst forms of child labour and labour exploitation;

g) National programme for the rights of adolescents in conflict with the law;

h) National programme against trafficking in children and adolescents;

i) National programme for children and adolescents with disabilities;

j) Diagnostic survey on street children;

k) Study of community justice practices in regard to the rights of children and adolescents;

l) Development of the national plan for children and adolescents.

ANNEXES

ANNEX I

Latin America: human development index trends (1975-2000)

HDI Rank
1975
1980
1985
1990
1995
2000
HIGH HUMAN DEVELOPMENT






7
United States of America
0.864
0.883
0.896
0.911
0.923
0.937
27
Barbados
0.802
0.823
0.835
0.849
0.855
0.888
34
Argentina
0.784
0.797
0.804
0.807
0.829
0.849
40
Uruguay
0.756
0.775
0.779
0.799
0.814
0.834
42
Costa Rica
0.749
0.774
0.776
0.794
0.815
0.832
43
Chile
0.700
0.735
0.752
0.780
0.811
0.831
49
Bahamas
..
..
..
..
..
0.812
51
Saint Kitts and Nevis
..
..
..
..
..
0.808
52
Cuba
..
..
..
..
..
0.806
54
Trinidad and Tobago
..
..
..
0.806
0.774
0.804
55
Mexico
0.733
0.765
0.784
0.787
0.788
0.802
0.684
0.729
0.748
0.757
0.771
0.800
MEDIUM HUMAN DEVELOPMENT






56
Antigua and Barbuda
..
..
..
..
..
0.798
59
Panama
0.710
0.729
0.744
0.745
0.768
0.788
64
Colombia
0.667
0.696
0.711
0.731
0.758
0.779
65
Brazil
0.643
0.678
0.691
0.712
0.738
0.777
67
Belize
..
0.709
0.717
0.749
0.768
0.776
68
Dominica
..
..
..
..
..
0.776
69
Venezuela
0.715
0.729
0.737
0.755
0.765
0.775
71
Saint Lucía
..
..
..
..
..
0.775
77
Suriname
..
..
..
..
..
0.762
78
Jamaica
0.690
0.693
0.695
0.723
0.736
0.757
80
Saint Vincent and the Grenadines
..
..
..
..
..
0.755
82
Peru
0.639
0.668
0.691
0.702
0.729
0.752
84
Paraguay
0.674
0.708
0.714
0.726
0.744
0.751
92
Guyana
0.686
0.689
0.680
0.687
0.711
0.740
93
Granada
..
..
..
..
..
0.738
94
Dominican Republic
0.625
0.654
0.675
0.683
0.703
0.737
97
Ecuador
0.627
0.672
0.694
0.704
0.720
0.731
105
El Salvador
0.595
0.595
0.614
0.653
0.692
0.719
114
Bolivia
0.511
0.546
0.573
0.598
0.631
0.672
115
Honduras
0.522
0.571
0.603
0.626
0.648
0.667
119
Guatemala
0.514
0.551
0.563
0.587
0.617
0.652
121
Nicaragua
..
..
..
..
..
0.643
122
Sao Tome and Principe
..
..
..
..
..
0.639






LOW HUMAN DEVELOPMENT






146
Haiti
..
0.446
0.461
0.457
0.456
0.467

Source: National Statistical Institute (INE), Human Development Report, United Nations Development Programme.

Note: The human development values shown in this table have been arrived at according to a methodology and a series of consistent data; they can therefore not be strictly compared with those provided in previous Human Development Reports.

ANNEX II

Bolivia: rate of growth of GDP in real terms


1999
2000
2001
2002
2003
2004*
2005*
2006*
Rate of growth of GDP in real terms
0.4%
2.5%
1.7%
2.5%
2.9%
3.92%
4.06%
4.63%

* preliminary

Source: UDAPE based on INE.

ANNEX III

Bolivia: indicators of moderate poverty, by geographical area (1999-2005)

INDICATORS
UNIT OF MEASURE
1999
2000
2001
2002
2003 (p)
2005 (p)
BOLIVIA







Incidence of poverty
Percentage
63.47
66.38
63.12
63.33
63.15
59.63
Poverty gap
Percentage
35.99
40.16
34.55
34.88
31.11
33.30
Intensity of poverty
Percentage
25.62
29.81
23.88
24.24
19.79
23.36
Total population
Persons
n/a
8,274,803
8,248,404
8,547,091
8,729,976
9,366,312
Poor population
Persons
n/a
5,492,814
5,206,393
5,412,566
5,512,721
5,584,772







Urban







Incidence of poverty
Percentage
51.36
54.47
54.28
53.91
54.41
48.18
Poverty gap
Percentage
22.19
25.40
24.60
23.81
22.20
20.25
Intensity of poverty
Percentage
12.75
15.36
14.65
13.76
11.97
11.14
Total population
Persons
n/a
5,268,526
3,099,633
5,330,045
5,606,907
6,001,837
Poor population
Persons
n/a
2,869,766
1,682,481
2,873,265
3,050,749
2,891,635







Rural







Incidence of poverty
Percentage
84.00
87.02
77.69
78.80
77.67
80.05
Poverty gap
Percentage
59.37
65.39
50.95
53.08
45.94
56.58
Intensity of poverty
Percentage
47.43
54.62
39.10
41.44
32.79
45.16
Total population
Persons
n/a
3,006,277
5,148,771
3,217,046
3,123,069
3,364,475
Poor population
Persons
n/a
2,616,062
4,000,080
2,535,037
2,425,724
2,693,137

Source: INE.

(1) All indicators are calculated with incomes.

Note: Indicators obtained by the poverty line method.

ANNEX IV

Bolivia: indicators of extreme poverty, by geographical area (1999-2005)

INDICATORS
UNIT OF MEASURE
1999
2000
2001
2002
2003 (p) (1)
2005 (p)
BOLIVIA
Incidence of extreme poverty
Percentage
40.7
45.2
38.8
39.5
34.5
36.69
Total population
Persons
8,000,798
8,274,803
8,248,404
8,547,091
8,729,976
9,366,312
Population in extreme poverty
Persons
3,259,525
3,297,508
3,054,884
3,124,064
3,462,536
5,497,130
Urban
Incidence of extreme poverty
Percentage
23.5
27.9
26.2
25.7
22.9
20.48
Total population
Persons
5,035,535
5,268,526
3,099,633
5,330,045
5,606,907
6,001,837
Population in extreme poverty
Persons
1,183,854
1,497,125
1,335,210
1,357,177
1,631,796
2,686,068
Rural
Incidence of extreme poverty
Percentage
69.9
75.0
59.7
62.3
53.7
65.62
Total population
Persons
2,965,263
3,006,277
5,148,771
3,217,046
3,123,069
3,364,475
Population in extreme poverty
Persons
2,073,905
1,800,383
1,719,674
1,766,887
1,830,740
2,811,062

Source: INE.

(p): Preliminary

(1) All indicators are calculated with incomes.

Note: Indicators obtained by the poverty line method.

ANNEX V

Bolivia: incidence of moderate poverty by year, region and age bracket

Region
Age bracket
2000
2001
2002
2005*
2006*
Altiplano
0 to 5
6 to 13
14 to 18
Over 18
Total Altiplano
82.5
78.9
70.6
64.3
64.3
73.1
76.0
68.1
60.6
66.4
76.2
75.0
72.2
61.3
67.7
70.7
71.9
67.6
57.8
63.5
76.0
76.9
72.5
58.7
66.1
Valley
0 to 5
6 to 13
14 to 18
Over 18
Total Valley
79.6
78.7
67.7
63.5
63.5
78.2
74.8
63.2
57.3
64.9
77.6
77.7
72.6
61.3
68.6
76.1
74.8
65.8
57.6
64.9
71.5
75.2
65.8
57.0
64.1
Plain
0 to 5
6 to 13
14 to 18
Over 18
Total Plain
66.8
65.7
60.2
47.6
47.6
66.8
66.5
57.7
48.5
56.7
63.9
63.6
49.7
45.7
53.1
67.0
64.2
55.1
43.7
52.6
59.6
59.8
46.5
39.8
47.8
Total
Bolivia
0 to 5
6 to 13
14 to 18
Over 18
Total Bolivia
77.0
75.2
66.6
59.7
66.4
72.6
72.7
63.7
56.2
63.1
72.5
72.1
64.5
56.5
63.3
71.2
70.3
63.2
53.5
60.6
69.2
71.0
62.7
52.5
59.9

* preliminary

Source: UDAPE based on Household Surveys (INE)

ANNEX VI

Bolivia: social indicators (2007)

A. Health

INDICATOR
PERCENTAGE
REFERENCE DATE
Prevalence of diarrhoea in minors under 5
22.40
2003
Prevalence of respiratory infections in minors under 5
22.20
2003
Prevalence of malnutrition in minors under 5
7.50
2003
Coverage of first dose of anti-polio in minors under 3
93.50
2003
Coverage of third dose of DPT in minors under 3
71.50
2003
Coverage of fourth prenatal examination
57.90
1998-2003
Converge of prenatal examination before fourth month
51.40
1998-2003
Coverage of prenatal examination after fourth month
27.40
1998-2003
Coverage of childbirth in institution
57.10
1998-2003

Source: INE. National Demographic and Health Survey (ENDSA). 2003.

B. Education

INDICATOR
DATUM
UNIT
REFERENCE DATE
SOURCE
Rate of illiteracy (population age 15 or older)
13.28
Percentage
2001
INE Census – 2001
Urban
6.44
Percentage
2001
INE Census – 2002
Rural
25.77
Percentage
2001
INE Census – 2003
Average schooling (population age 19 or older)
7.43
Percentage
2001
INE Census – 2004
Urban
9.23
Percentage
2001
INE Census – 2005
Rural
4.19
Percentage
2001
INE Census – 2006
Attendance rate (population aged 6 to 19)
79.71
Percentage
2001
INE Census – 2007
Urban
82.68
Percentage
2001
INE Census – 2008
Rural
74.73
Percentage
2001
INE Census – 2009
Gross coverage of malnutrition
81.23
Percentage
2003
Ministry of Education.
System of Education Information
Gross coverage of malnutrition at initial level
44.57
Percentage
2003
Ministry of Education.
System of Education Information
Gross coverage of malnutrition at primary level
99.37
Percentage
2003
Ministry of Education.
System of Education Information
Gross coverage of malnutrition at secondary level
61.70
Percentage
2003
Ministry of Education.
System of Education Information
Rate of enrolment
94.18
Percentage
2003
Ministry of Education.
System of Education Information
Rate of enrolment at initial level
94.35
Percentage
2003
Ministry of Education.
System of Education Information
Rate of enrolment at primary level
95.00
Percentage
2003
Ministry of Education.
System of Education Information
Rate of enrolment at secondary level
91.10
Percentage
2003
Ministry of Education.
System of Education Information
Rate of promotion
90.76
Percentage
2003
Ministry of Education.
System of Education Information
Rate of promotion at initial level
94.35
Percentage
2003
Ministry of Education.
System of Education Information
Rate of promotion at primary level
92.53
Percentage
2003
Ministry of Education.
System of Education Information
Rate of promotion at secondary level
82.72
Percentage
2003
Ministry of Education.
System of Education Information
Rate of retention in grade
3.43
Percentage
2003
Ministry of Education.
System of Education Information
Rate of retention in grade at primary level
2.47
Percentage
2003
Ministry of Education.
System of Education Information
Rate of retention in grade at secondary level
8.38
Percentage
2003
Ministry of Education.
System of Education Information
School leaving rate
5.84
Percentage
2003
Ministry of Education.
System of Education Information
School leaving rate at initial level
5.67
Percentage
2003
Ministry of Education.
System of Education Information
School leaving rate at primary level
5.00
Percentage
2003
Ministry of Education.
System of Education Information
School leaving rate at secondary level
8.90
Percentage
2003
Ministry of Education.
System of Education Information
Student teacher ratio
25.09
Students per teacher
2003
Ministry of Education.
System of Education Information
Student teacher ratio at initial level
46.74
Students per teacher
2003
Ministry of Education.
System of Education Information
Student teacher ratio at primary level
23.19
Students per teacher
2003
Ministry of Education.
System of Education Information
Student teacher ratio at secondary level
27.93
Students per teacher
2003
Ministry of Education.
System of Education Information

C. Basic services in homes

INDICATOR
Percentage
Homes with electric power
64.92
Urban
88.56
Rural
23.87
Homes with piped running water
65.11
Urban
86.49
Rural
27.97
Homes with drainage to sewers
31.43
Urban
48.36
Rural
2.05

Reference date: 2003 (preliminary data).

Source: INE. Continuing Survey of Homes 2003-2004.

D. Work and incomes (urban)

INDICATOR
DATUM
UNIT
Index of economic burden
65.47
Percentage
Rte of potential supply
74.09
Percentage
Rate of employment
54.89
Percentage
Gross participation rate
44.77
Percentage
Unemployment rate
6.66
Percentage
Dependency rate
1.46
Percentage
Open unemployment rate
9.17
Percentage
Overall rate of employment
90.83
Percentage
Overall rate of participation
60.43
Percentage
Average hours worked
45.92
Average hours per week
Average income
913.18
Bolivianos per month

Reference data: 2003 (preliminary data).

Source: INE. Continuing Household Survey 2003-2004.

E. Poverty (average indicators with incomes alone)

INDICATOR
PERCENTAGE
Incidence of poverty
67.30
Urban
60.51
Rural
79.51
Poverty gap
33.42
Urban
26.00
Rural
46.74
Intensity of poverty
20.76
Urban
14.64
Rural
31.75

Reference date: 2003 (preliminary data).

Source: INE Continuing Household Survey 2003-2004.

ANNEX VII

Bolivia: public expenditure

A. Public expenditure in the non-financial sector

1. In millions of dollars

2001
2002
2003
2004
2005
Total Public Expenditure
3,086.7
2,825.5
2,823.2
3,026.3
3,370.2
Non-Social Public Expenditure
1,697.3
1,439.0
1,414.8
1,554.0
1,766.3
General Public Services
420.7
495.5
460.7
496.9
566.6
Defence
162.3
148.2
149.9
145.9
144.5
Public Order and Security
181.8
179.3
179.8
180.2
190.6
Economic Affairs
876.1
556.7
571.7
678.5
812.7
Environmental Protection
39.0
36.1
39.2
32.0
33.7
Cultural and Religious Activities
17.4
23.3
13.6
20.5
18.3
Social Public Expenditure
1.389.4
1.386.4
1.408.4
1.472.3
1.603.8
Health
253.7
238.7
261.5
247.9
345.6
Education
491.1
513.8
542.9
576.6
597.3
Housing and Basic Services
143.6
131.5
137.0
149.4
170.1
Social Protection
479.5
483.6
448.9
464.1
463.0
Other Social Programmes
21.5
18.7
18.1
34.2
27.8
Social Public Expenditure for Children & Adolescents
485.4
495.1
543.7
611.5
633.7
Health
95.2
85.1
100.3
105.1
135.3
Education
301.8
322.2
353.1
392.7
405.8
Housing and Basic Services
46.0
52.0
54.0
59.9
53.5
Social Protection
25.1
20.3
21.1
23.0
16.7
Other Social Programmes
17.2
15.5
15.2
30.7
22.5

Source: UDAPE. prepared based on information from the general comptroller’s office (Dirección General de Contaduría (DGC)).

2. As a percentage of public expenditure in the public non-financial sector

2001
2002
2003
2004
2005
Total Public Expenditure
100.0
100.0
100.0
100.0
100.0
Non-social Public Expenditure
55.0
50.9
50.1
51.4
52.4
General Public Services
13.6
17.5
16.3
16.4
16.8
Defence
5.3
5.2
5.3
4.8
4.3
Public Order and Security
5.9
6.3
6.4
6.0
5.7
Economic Affairs
28.4
19.7
20.2
22.4
24.1
Environmental Protection
1.3
1.3
1.4
1.1
1.0
Cultural and Religious Activities
0.6
0.8
0.5
0.7
0.5
Social Public Expenditure
45.0
49.1
49.9
48.6
47.6
Health
8.2
8.4
9.3
8.2
10.3
Education
15.9
18.2
19.2
19.1
17.7
Housing and Basic Services
4.7
4.7
4.9
4.9
5.0
Social Protection
15.5
17.1
15.9
15.3
13.7
Other Social Programmes
0.7
0.7
0.6
1.1
0.8
Social Public Expenditure for Children and Adolescents
15.7
17.5
19.3
20.2
18.8
Health
3.1
3.0
3.6
3.5
4.0
Education
9.8
11.4
12.5
13.0
12.0
Housing and Basic Services
1.5
1.8
1.9
2.0
1.6
Social Protection
0.8
0.7
0.7
0.8
0.5
Other Social Services
0.6
0.5
0.5
1.0
0.7

Source: UDAPE, prepared on the basis of information from DGC.

3. As a percentage of social public expenditure

2001
2002
2003
2004
2005
Social Public Expenditure
100.0
100.0
100.0
100.0
100.0
Health
18.3
17.2
18.6
16.8
21.6
Education
35.3
37.1
38.5
39.2
37.2
Housing and Basic Services
10.3
9.5
9.7
10.2
10.6
Social Protection
34.5
34.9
31.9
31.5
28.9
Other Social Programmes
1.5
1.4
1.3
2.3
1.7
Social Public Expenditure for Children and Adolescents
34.9
35.7
38.6
41.5
39.5
Health
6.9
6.1
7.1
7.1
8.4
Education
21.7
23.2
25.1
26.7
25.3
Housing and Basic Services
3.3
3.7
3.8
4.1
3.3
Social Protection
1.8
1.5
1.5
1.6
1.0
Other Social Programmes
1.2
1.1
1.1
2.1
1.4

Source: UDAPE, prepared on the basis of information from DGC.

4. As a percentage of GDP

2001
2002
2003
2004
2005
Total Public Expenditure
37.8
35.0
35.3
34.9
36.1
Non-social Public Expenditure
20.8
17.8
17.7
17.9
18.9
General Public Services
5.1
6.1
5.8
5.7
6.1
Defence
2.0
1.8
1.9
1.7
1.5
Public Order and Security
2.2
2.2
2.2
2.1
2.0
Economic Affairs
10.7
6.9
7.1
7.8
8.7
Environmental Protection
0.5
0.4
0.5
0.4
0.4
Cultural and Religious Activities
0.2
0.3
0.2
0.2
0.2
Social Public Expenditure
17.0
17.2
17.6
17.0
17.2
Health
3.1
3.0
3.3
2.9
3.7
Education
6.0
6.4
6.8
6.6
6.4
Housing and Basic Services
1.8
1.6
1.7
1.7
1.8
Social Protection
5.9
6.0
5.6
5.4
5.0
Other Social Programmes
0.3
0.2
0.2
0.4
0.3
Social Public Expenditure for Children and Adolescents
5.9
6.1
6.8
7.1
6.8
Health
1.2
1.1
1.3
1.2
1.4
Education
3.7
4.0
4.4
4.5
4.3
Housing and Basic Services
0.6
0.6
0.7
0.7
0.6
Social Protection
0.3
0.3
0.3
0.3
0.2
Other Social Programmes
0.2
0.2
0.2
0.4
0.2

Source: UDAPE, prepared on the basis of information from DGC.

B. Public expenditure by administrative level

1. Year 2001

General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Total Public Expenditure
1.291.5
151.9
187.3
1.630.7
545.4
338.5
141.5
2.656.2
430.6
3.086.7
Non-Social Public Expenditure
774.4
7.2
181.4
963.0
160.9
160.1
0.2
1.284.2
413.1
1.697.3
General Public Services
300.0
3.4
30.7
334.1
23.2
61.7
0.2
419.2
1.5
420.7
Defence
161.3

0.9
162.3



162.3

162.3
Public Order and Security
179.6

0.4
180.1
0.6
1.1

181.8

181.8
Economic Affairs
109.7
2.4
147.7
259.7
132.0
74.5

466.2
409.9
876.1
Environmental Protection
19.8
0.1
1.3
21.2
4.2
13.5

38.9
0.1
39.0
Cultural and Religious Activities
4.0
1.3
0.4
5.7
0.8
9.3

15.8
1.6
17.4
Social Public Expenditure
517.1
144.7
5.9
667.8
384.5
178.4
141.4
1.372.0
17.4
1.389.4
Health
33.3
3.8
0.9
38.0
63.7
18.8
133.2
253.7
0.1
253.7
Education
47.5
134.8
0.0
182.3
265.5
43.3

491.1
0.0
491.1
Housing and Basic Services
16.7
0.0
0.5
17.2
17.7
91.2
0.4
126.5
17.1
143.6
Social Protection
416.0
6.1
4.5
426.6
32.6
12.3
7.7
479.2
0.2
479.5
Other Social Programmes
3.6
0.1
0.0
3.6
5.1
12.8

21.5
0.0
21.5
CRC/C/BOL/4
page 87

CRC/C/BOL/4
page 88


General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Social Public Expenditure for Children and Adolescents
39.1
0.6
0.2
40.0
309.2
78.0
41.0
468.2
17.2
485.4
Health
10.8
0.0

10.8
34.2
9.7
40.5
95.2

95.2
Education
21.4


21.4
242.6
37.7

301.8

301.8
Housing and Basic Services
0.1

0.0
0.1
13.1
15.8

29.0
17.0
46.0
Social Protection
5.9
0.6
0.2
6.7
15.1
2.7
0.5
25.0
0.2
25.1
Other Social Programmes
0.9
0.1
0.0
1.0
4.1
12.1

17.2
0.0
17.2

Figures in millions of United States Dollars.

Source: UDAPE, prepared on the basis of information from DGC.

2. Year 2002

General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Total Public Expenditure
1.300.4
151.4
244.9
1.696.7
522.6
306.7
141.9
2.667.9
157.6
2.825.5
Non-Social Public Expenditure
801.6
1.8
235.1
1.038.4
134.4
137.1
0.1
1.310.1
129.0
1.439.0
General Public Services
388.8
0.8
33.0
422.6
19.2
52.7
0.1
494.6
0.9
495.5
Defence
147.8

0.3
148.2

0.0

148.2

148.2
Public Order and Security
176.8

0.2
177.0
0.4
1.9

179.3

179.3
Economic Affairs
55.4
0.2
199.4
255.0
111.1
65.6

431.7
125.0
556.7
Environmental Protection
21.0

1.4
22.4
3.1
9.2

34.7
1.4
36.1
Cultural and Religious Activities
11.8
0.8
0.6
13.3
0.7
7.6

21.6
1.7
23.3
Social Public Expenditure
498.8
149.7
9.8
658.3
388.2
169.6
141.7
1.357.8
28.6
1.386.4
Health
33.7
1.5
2.1
37.3
60.9
19.5
121.1
238.7
0.0
238.7
Education
39.5
142.3
0.0
181.8
279.8
52.2

513.8
0.0
513.8
Housing and Basic Services
18.5

0.8
19.3
13.7
74.4
0.2
107.7
23.9
131.5
Social Protection
404.1
5.8
7.0
416.9
29.5
12.1
20.4
478.9
4.7
483.6
CRC/C/BOL/4
page 89

CRC/C/BOL/4
page 90



General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities

Social Security
Total
General
Gov.
Central
Administration
Universities
Other Decentralized Institutions
Total
Central
Gov.
Other Social Programmes
2.9
0.0
0.0
3.0
4.3
11.5
0.0
18.7

18.7
Social Public Expenditure for Children and Adolescents
32.8
0.5
0.2
33.5
314.5
90.1
33.0
471.1
24.0
495.1
Health
10.4
0.0

10.4
32.7
9.6
32.5
85.1

85.1
Education
17.8


17.8
256.8
47.6

322.2

322.2
Housing and Basic Services
0.4

0.0
0.4
8.5
19.2

28.1
23.9
52.0
Social Protection
3.4
0.5
0.2
4.1
12.8
2.7
0.4
20.2
0.1
20.3
Other Social Programmes
0.8
0.0
0.0
0.8
3.8
10.9
0.0
15.5

15.5

Figures in millions of dollars.

Source: UDAPE, prepared on the basis of information from DGC.

3. Year 2003



General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central Administration
Universities
Other Decentralized Institutions
Total Central Government
Total Public Expenditure
1.231.9
160.0
265.9
1.657.8
509.7
362.0
126.8
2.656.3
167.0
2.823.2
Non-Social Public Expenditure
761.6
7.3
257.4
1.026.2
96.1
151.2
0.3
1.273.9
140.9
1.414.8
General Public Services
345.4
2.4
33.2
381.0
21.6
57.0
0.3
460.0
0.8
460.7
Defence
149.7


149.7
0.0
0.2

149.9

149.9
Public Order and Security
175.9

0.4
176.3
1.0
2.5

179.8

179.8
Economic Affairs
70.0
3.7
221.0
294.7
67.0
71.8

433.4
138.2
571.7
Environmental Protection
19.2

2.2
21.4
5.7
11.3

38.4
0.8
39.2
Cultural and Religious Activities
1.4
1.2
0.6
3.2
0.7
8.5
0.0
12.4
1.2
13.6
Social Public Expenditure
470.4
152.7
8.5
631.5
413.6
210.7
126.5
1.382.4
26.0
1.408.4
Health
36.0
3.2
2.6
41.7
63.7
37.6
118.5
261.5
0.0
261.5
Education
25.3
142.7
0.0
168.0
315.7
59.2

542.9

542.9
Housing and Basic Services
16.9
0.0
0.2
17.1
7.5
89.5
0.3
114.4
22.6
137.0
Social Protection
390.8
6.7
5.3
402.8
24.4
10.5
7.7
445.4
3.4
448.9
CRC/C/BOL/4
page 91

CRC/C/BOL/4
page 92


General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central Administration
Universities
Other Decentralized Institutions
Total Central Government
Other Social Programmes
1.4
0.1
0.4
1.9
2.3
14.0
0.0
18.1

18.1
Social Public Expenditure for Children and Adolescents
25.2
0.7
0.2
26.1
345.7
112.1
37.1
521.0
22.7
543.7
Health
11.0
0.0

11.0
34.8
17.7
36.7
100.3

100.3
Education
9.8


9.8
292.3
51.0

353.1

353.1
Housing and Basic Services
0.1
0.0

0.1
5.1
26.2

31.4
22.5
54.0
Social Protection
3.9
0.5
0.2
4.7
11.7
4.3
0.4
21.0
0.2
21.1
Other Social Programmes
0.4
0.1

0.5
1.7
12.9
0.0
15.2

15.2

Figures in millions of dollars.

Source: UDAPE, prepared on the basis of information from DGC.

4. Year 2004

General Government
National
Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Total Public Expenditure
1.300.5
156.1
311.6
1.768.2
572.6
443.7
89.1
2.873.7
152.6
3.026.3
Non-Social Public Expenditure
805.7
8.2
306.1
1.120.0
119.5
183.7
0.1
1.423.2
130.8
1.554.0
General Public Services
371.9
3.2
33.3
408.5
23.5
64.0
0.1
496.0
0.9
496.9
Defence
145.9


145.9



145.9

145.9
Public Order and Security
175.1

1.3
176.4
1.2
2.6

180.2

180.2
Economic Affairs
93.8
3.6
266.7
364.1
87.7
99.3

551.0
127.5
678.5
Environmental Protection
12.3

4.1
16.4
6.5
7.9

30.8
1.2
32.0
Cultural and Religious Activities
6.7
1.5
0.7
8.8
0.6
9.9
0.0
19.4
1.2
20.5
Social Public Expenditure
494.8
147.9
5.5
648.2
453.1
260.1
89.1
1.450.5
21.8
1.472.3
Health
33.5
3.0
2.3
38.8
68.3
54.2
86.6
247.9
0.0
247.9
Education
29.9
138.0
0.0
167.8
349.4
59.4

576.6

576.6
Housing and Basic Services
14.1
0.0
0.8
15.0
8.1
105.6
0.4
129.1
20.3
149.4
Social Protection
414.2
6.1
2.4
422.7
25.1
12.7
2.0
462.6
1.5
464.1
CRC/C/BOL/4
page 93

CRC/C/BOL/4
page 94


General Government
National
Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Other Social Programmes
3.2
0.7
3.9
2.2
28.1
34.2
34.2
Social Public Expenditure for Children and Adolescents
33.0
1.3
0.2
34.5
376.7
153.5
26.5
591.3
20.2
611.5
Health
12.9
0.1
13.0
35.9
29.9
26.3
105.1
105.1
Education
12.9
12.9
322.6
57.2
392.7
392.7
Housing and Basic Services
0.5
0.5
5.2
34.2
39.9
20.0
59.9
Social Protection
5.0
0.5
0.2
5.7
11.3
5.6
0.2
22.8
0.1
23.0
Other Social Programmes
1.7
0.7
2.4
1.8
26.6
30.7
30.7

Figures in millions of dollars.

Source: UDAPE, prepared on the basis of information from DGC.

5. Year 2005

General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Total Public Expenditure
1.468.3
166.6
348.7
1.983.6
655.7
430.9
147.8
3.217.9
152.2
3.370.2
Non-Social Public Expenditure
942.9
8.6
337.7
1.289.3
157.2
176.0
0.4
1.622.8
143.5
1.766.3
General Public Services
433.0
1.8
38.4
473.2
25.6
66.1
0.1
565.1
1.5
566.6
Defence
144.5
144.5
0.0
144.5
144.5
Public Order and Security
181.9
0.5
2.3
184.7
1.3
4.1
0.2
190.3
0.4
190.6
Economic Affairs
168.3
4.6
294.4
467.3
121.3
86.0
674.6
138.1
812.7
Environmental Protection
13.0
1.9
14.9
8.3
8.7
31.9
1.7
33.7
Cultural and Religious Activities
2.1
1.8
0.6
4.6
0.8
11.1
16.5
1.8
18.3
Social Public Expenditure
525.4
157.9
11.1
694.4
498.5
254.9
147.4
1.595.1
8.7
1.603.8
Health
50.7
4.0
2.5
57.3
99.9
45.4
143.1
345.6
0.0
345.6
Education
26.5
146.0
3.3
175.8
364.4
57.1
597.3
0.0
597.3
Housing and Basic Services
28.6
0.3
0.5
29.3
8.5
122.3
1.7
161.7
8.4
170.1
Social Protection
416.5
7.5
2.7
426.7
22.3
11.1
2.6
462.6
0.3
463.0
CRC/C/BOL/4
page 95

CRC/C/BOL/4
page 96


General Government
National Corporations
Total SPNF
Central Government
Prefectures
Municipalities
Social Security
Total General Govt.
Central
Administration
Universities
Other Decentralized Institutions
Total Central Govt.
Other Social Programmes
3.1
0.1
2.0
5.3
3.5
19.0
0.0
27.8
27.8
Social Public Expenditure for Children and Adolescents
37.3
0.7
2.0
40.0
405.9
137.7
41.6
625.3
8.5
633.7
Health
18.2
0.1
0.0
18.2
51.0
24.8
41.2
135.3
135.3
Education
15.6
15.6
339.1
51.0
405.8
405.8
Housing and Basic Services
0.6
0.1
0.8
5.0
39.5
45.2
8.3
53.5
Social Protection
2.8
0.5
0.2
3.5
7.8
4.9
0.3
16.6
0.1
16.7
Other Social Programmes
0.1
0.1
1.7
1.9
3.0
17.6
0.0
22.5
22.5

Figures in millions of dollars.

Source: UDAPE, prepared on the basis of information from DGC

C. Social Public Expenditure for Children and Adolescents

2001
2002
2003
2004
2005
Social Public Expenditure for Children and Adolescents
485.4
495.1
543.7
611.5
633.7
Health
95.2
85.1
100.3
105.1
135.3
Primary Health Care and Prevention
21.7
20.4
28.8
43.0
43.1
Expanded Immunization Programme
(PAI)
6.6
6.4
3.6
7.7
10.3
Mother-Child Hospitals
1.5
0.5
1.8
10.4
1.4
Health Posts
0.4
0.8
1.4
1.5
2.0
Health Centres
0.7
1.7
1.8
4.3
3.4
Mobile Units
0.0
0.2
0.1
0.0
3.0
Basic Care Insurance (SBS-SUMI )
7.2
6.5
12.1
13.3
17.7
Health Reform
4.4
4.0
7.5
5.3
5.0
Other Programmes for Children
0.9
0.3
0.4
0.3
0.5
Comprehensive Health Care
73.6
64.8
71.5
62.1
92.1
Public System of Health Care Funds
40.5
32.5
36.7
26.3
41.2
Public Health System
33.0
32.2
34.7
35.8
50.9
Education
301.8
322.2
353.1
392.7
405.8
Pre-School Education
12.1
11.6
14.8
15.6
14.8
Primary Education
204.4
220.4
244.9
269.1
277.4
Secondary Education
45.1
51.9
64.6
73.6
74.9
Auxiliary Educational Services
20.9
22.5
14.4
17.8
24.0
School Breakfast
19.3
15.8
14.4
16.5
14.6
Housing and Basic Services
46.0
52.0
54.0
59.9
53.5
Water Supply
20.6
27.5
27.2
38.2
22.6
Waste water treatment
25.0
24.2
26.4
21.2
29.8
Bathrooms and Latrines
0.3
0.2
0.4
0.5
1.1
Social Protection
25.1
20.3
21.1
23.0
16.7
Family and Children
9.7
11.2
10.8
10.6
10.4
Family Allowances
9.6
10.7
10.5
10.4
10.2
Homes
0.1
0.5
0.3
0.1
0.1
Social Exclusion
0.2
0.2
0.1
0.3
0.4
PAN and Nutritional Programmes
14.0
8.1
8.7
9.9
4.1
Protection of Children and Families
0.7
0.7
1.1
1.6
1.2
Abuse and Violence
0.0
0.1
0.1
0.4
0.1
Birth Certificates
0.0
0.0
0.1
0.2
0.0
Ombudsmen for Children and Adolescents
0.7
0.6
0.9
1.0
1.2
Incentives for School Attendance
0.4
0.0
0.4
0.5
0.5
Hope Voucher (Bono Esperanza)
0.4
0.4
0.5
Juancito Pinto Voucher (Bono Juancito
Pinto)
Other Incentives
0.4
0.0
0.0
0.1
0.0
Social Protection without Discrimination
0.1
0.1
0.0
0.1
0.1
Other Social Programmes
17.2
15.5
15.2
30.7
22.5
Recreational and Sports Services
17.2
15.5
15.2
30.7
22.5

Source: UDAPE, prepared on the basis of information from DGC.

D. International Support for Social Expenditure

2001
2002
2003
2004
2005
Multilateral Organizations
65.619.891,3
53.049.707,6
50.692.793,4
73.275.573,8
72.834.428,6
Inter-
American
Development
Bank (IDB)
26.203.740,9
25.236.059,2
18.102.146,2
20.395.442,7
26.508.768,3
World Bank
20.779.126,2
18.095.097,7
21.381.611,7
24.177.620,6
14.859.071,1
World Food
Programme
10.830.596,1
5.463.232,8
3.588.239,6
3.192.820,9
3.044.363,4
European
Union
348.853,2
696.737,2
1.055.032,3
6.269.470,2
12.405.025,5
Corporación
Andina de
Fomento
307.989,1
-
3.649.803,6
12.223.596,6
7.369.510,4
Other
Multilateral
Organizations
7.149.585,9
3.558.580,7
2.915.960,0
7.016.622,7
8.647.689,8
Bilateral
41.290.461,3
45.758.907,0
29.133.741,1
39.458.668,9
23.382.411,2
Germany
10.876.443,6
9.484.972,8
6.100.731,1
3.348.066,2
1.216.278,9
Japan
5.593.049,7
9.874.259,3
3.885.544,6
3.263.379,7
3.323.893,3
Netherlands
4.605.642,6
9.001.000,1
7.584.500,7
4.472.008,2
7.980.772,7
United States
6.591.891,6
6.705.912,8
2.829.999,6
7.891.564,3
2.943.428,1
Spain
6.780.403,4
3.493.090,7
886.033,6
6.389.051,1
601.976,0
Denmark
2.823.390,4
2.150.247,3
2.672.476,8
3.670.295,3
2.226.047,0
Other
Bilateral
4.019.640,0
5.049.424,0
5.174.454,6
10.424.304,2
5.090.015,2
Other External Financing Agencies
9.625.362,9
2.992.791,1
10.392.616,4
13.946.408,6
4.349.786,8
TOTAL
116.535.715,6
101.801.405,6
90.219.150,9
126.680.651,3
100.566.626,7

Figures in dollars.

Note: these resources correspond to expenditures implemented in the non-financial public sector (SPNF).

Source: UDAPE, prepared on the basis of information from DGC.

E. International support for social expenditure for children and adolescents

2001
2002
2003
2004
2005
Multilateral
28,922,058.1
18,732,631.5
24,925,533.2
47,458,705.7
45,786,811.5
World Bank
10,971,669.5
8,226,503.8
12,587,184.9
17,256,819.8
11,173,239.9
Inter-American
Development
Bank
11,412,305.2
7,966,910.3
6,307,121.4
10,455,416.2
14,296,337.4
Corporación
Andina de
Fomento
7,431.2
-
3,637,899.2
11,551,173.4
7,325,661.7
European Union
94,194.1
363,545.9
312,972.4
5,364,196.9
10,850,902.9
World Food
Programme
4,262,170.8
1,404,852.4
1,291,708.6
901,260.0
55,748.1
UNICEF
1,324,935.5
594,870.0
591,224.9
1,004,741.9
1,537,479.2
Other
Multilateral
Agencies
849,351.8
175,949.1
197,421.9
925,097.5
547,442.2
Bilateral
20,630,898.9
20,753,823.8
11,413,572.8
14,710,299.2
14,553,436.8
Germany
9,300,903.0
6,844,768.9
4,694,828.5
1,561,971.8
886,768.1
Japan
5,246,558.2
6,064,923.6
1,163,168.0
971,861.5
2,114,168.9
Netherlands
996,106.5
3,831,242.4
1,333,186.3
1,404,926.8
7,234,247.1
Spain
3,483,018.2
1,549,404.7
153,417.4
876,459.4
484,032.3
Italy
370,128.8
45,844.8
1,289,941.2
5,624,762.6
45,148.9
Sweden
101,941.6
212,472.8
873,851.6
1,229,165.9
920,181.8
Other Bilateral
Agencies
1,132,242.5
2,205,166.7
1,905,179.7
3,041,151.3
2,868,889.7
Other External Financing
6,673,942.1
849,332.8
4,407,453.3
10,534,476.7
2,393,155.0
TOTAL
56,226,899.1
40,335,788.2
40,746,559.2
72,703,481.6
62,733,403.3

Figures in dollars,

Note: these resources correspond to expenditures implemented in the non-financial public sector (SPNF).

Source: UDAPE, prepared on the basis of information from DGC.

F. International support for Bolivia

Item
2001
2002
2003
2004
2005
Total International Support
324,997,045.2
367,898,399.3
355,881,487.1
460,860,756.0
428,572,605.4
Total International Support for Social Expenditure
116,535,715.6
101,801,405.6
90,219,150.9
126,680,651.3
100,566,626.7
Total International Support for Social Expenditure for Children
56,226,899.1
40,335,788.2
40,746,559.2
72,703,481.6
62,733,403.3

Figures in dollars.

Note: these resources correspond to expenditures implemented in the non-financial public sector (SPNF).

Source: UDAPE, prepared on the basis of information from DGC.

-----


[*] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services.

GE.09-41234 (EXT)

[1] Law Nº 1818 on the Office of the Ombudsman. Article. 11 (2).

[2] Cited in Thematic Report about Human Development – Children and Adolescents in Bolivia, 4 millions of development actors. UNDP, 2006.

[3] National Development Plan: Plan Nacional de Desarrollo: Bolivia Digna, Soberana, Productiva y Democrática para Vivir Bien 2006-2011 (“Bolivia: living well in dignity, sovereignty, productivity and democracy,”) Strategic Guidelines 2006-2011. Official Gazette, Special Edition No. 0103, 21 September 2007.

[4] Ministry of Education and Cultures. 2006 Report.

[5] Communities in Solidarity seek to address the needs of social sectors that are vulnerable and at risk, ensuring socio-economic inclusion and affording support in pursuit of a life with dignity.

[6] Status Report on the situation of the human right to health in Bolivia – AIS Bolivia. In “Estado de situación de los derechos económicos. Sociales y culturales en Bolivia al año 2005,” Bolivian Chapter for Human Rights, Democracy and Development.

[7] Ibid.

[8] Background on political aspects is provided for a better understanding of the historical juncture the country is experiencing.

[9] LATINOBARÓMETRO REPORT 2007 ONLINE DATABASE, www.latinobarometro.org. Santiago, Chile, November 2007.

[10] Economic Commission for Latin America and the Caribbean (ECLAC), 2006.

[11] Assessment of economic policy, 2006.

[12] Created in 2006 and modified in its structure by Supreme Decree of 5 April 2006.

[13] The information presented covers periods prior to those covered by this report because, in the reports thus far presented, this chapter was incomplete, as the information available had not been systematized.


[14] “La Educación en Bolivia: Indicadores, cifras y resultados”, Ministerio de Educación, 2004.

[15] Oversight of the work of teachers is the responsibility of the Director of the Educational Unit. Evaluation is done by the Pedagogical Advisor and district and department directors.

[16] “Child Labour in Bolivia, Characteristics and Conditions: A Reality that Does not Belong to Children”, INE-UNICEF, 2004.

[17] “La niñez clausurada” UNICEF-OIT 2004.


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