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IHRC Submission on Bolivia VIOLATIONS OF THE RIGHT TO LIFE, RIGHT TO FREEDOM OF EXPRESSION, RIGHT TO ASSEMBLY & ASSOCIATION, AND OTHERS: ONGOING HUMAN RIGHTS VIOLATIONS IN BOLIVIA Submission to the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions from Harvard Law School’s International Human Rights Clinic Cc: Special Rapporteur on the independence of judges and lawyers Special Rapporteur on the f reedom of opinion and expression Special Rapporteur on the rights to freedom of peaceful assembly and association Special Rapporteur on the rights of Indigenous peoples Special Rapporteur on contemporary forms of racism The International Human Rights Clinic (IHRC) at Harvard Law School seeks to protect and promote human rights and internation-al humanitarian law through documentation; legal, factual, and stra-tegic analysis; litigation before national, regional, and internation-al bodies; treaty negotiations; and policy and advocacy initiatives. Table of Contents Executive Summary ...................................................................................................................... 1 Recommendations to the U.N. Special Rapporteurs ........................................................................... 2 Facts ............................................................................................................................................... 3 Background on the Current Crisis ........................................................................................................ 3 State Violence Against Protesters .......................................................................................................... 3 Sacaba .................................................................................................................................................. 3 Senkata ................................................................................................................................................. 5 Obstacles to Impartial Investigations & Justice .................................................................................. 6 Persecution of Dissent ............................................................................................................................ 7 Journalists ............................................................................................................................................. 7 Human Rights Defenders & Activists .................................................................................................. 8 Political Persecution ............................................................................................................................. 8 Civilian & Para-State Violence ............................................................................................................. 9 Bolivia’s Legal Obligations ........................................................................................................ 10 Right to Life .......................................................................................................................................... 11 Freedom of Expression & Right to Assembly and Association ........................................................ 12 Other ...................................................................................................................................................... 14 Prohibition against Discrimination ..................................................................................................... 14 Arbitrary Detention ............................................................................................................................ 16 Prohibition Against Torture ............................................................................................................... 17 Investigation & Impunity (Right to an Effective Remedy and Duty to Investigate) .......................... 18 Conclusion ................................................................................................................................... 19 Appendix A .................................................................................................................................. 20 Executive Summary Following a disputed election on October 20, 2019, Bolivia has experienced an upsurge in reports of human rights violations. An interim government took power on November 12, 2019, and since then, state forces have used excessive force, including lethal force against protestors on several occasions. Two particular incidents—on November 15 in Sacaba and November 19 in Senkata— resulted in at least 20 killings and hundreds of other injuries. All the victims from these incidents were Indigenous civilians. These incidents are part of a pattern as the interim government has facilitated measures that have created a general state of oppression. State forces have blocked attempts to investigate and prosecute the November attacks, leading to de facto impunity to date for those responsible. The interim government has also restricted the freedom of the press. Journalists, human rights defenders, and politicians have all faced physical and verbal assaults, and state forces have targeted them for arrest on questionable charges. Many have now been detained for months without any further proceedings. In addition, the interim government has repeatedly postponed the election, including most recently canceling plans to hold the election on September 6. The election is now scheduled for October 18, but the most postponement sparked protests earlier this week. There is grave concern that the protests will lead to additional human rights violations. Meanwhile, the aforementioned reports of state-sponsored violence as well as attacks on the press, human rights defenders, and political opponents have contributed to a climate of fear and misinformation that threatens to seriously undermine free and fair elections. We ask that the United Nations Special Rapporteurs review the information below and request the Bolivian interim government to rectify its ongoing abuses and ensure a free and fair election. Over a six month period, a team from Harvard Law School’s International Human Rights Clinic (IHRC) and the University Network for Human Rights conducted an investigation into the ongoing human rights abuses in Bolivia.1 The team interviewed over 200 victims, witnesses, journalists, and officials. It further analyzed medical reports, autopsies, photographs, and other official documents. It visited crime sites to analyze and compare them to other evidence, and attended the government’s recreation of the shootings in Sacaba. From this, the IHRC found the following: 1. State Violence Against Protesters: Bolivian state forces killed unarmed and non-violent protesters in Sacaba on November 15, 2019 and in Senkata on November 19, 2019. Eyewitness testimony indicates that the police and military opened fire without warning, chased fleeing protesters, and used racist language against Indigenous civilians. The pattern in which state forces attacked is indicative of extrajudicial killings, and violated the protesters’ right to life. 2. Lack of Impartial Investigations and Access to Justice: Investigations into these attacks have been insufficient. Not only did government actors intimidate witnesses and victims, leading to the underreporting of the number of casualties, but the IHRC investigations found obstacles that have undermined the accountability process. This has established an 1 The full report is included as Appendix A, INTERNATIONAL HUMAN RIGHTS CLINIC, HARVARD LAW SCHOOL AND UNIVERSITY NETWORK FOR HUMAN RIGHTS, THEY SHOT US LIKE ANIMALS: BLACK NOVEMBER & BOLIVIA’S INTERIM GOVERNMENT (2020). Unless otherwise noted, this submission draws on the report for its sourcing. 1 environment of impunity for state actors, and is in violation of Bolivia’s duty to conduct a prompt, effective, impartial and transparent investigation. 3. Persecution of Dissent: The interim Bolivian government has increasingly restricted dissenting opinions. Both government forces and civilians have verbally and physically assaulted journalists; activists and those they represent; and politicians and those affiliated with them. In addition, the government’s policies and threats have impeded journalists’ ability to disseminate free news, and have forced self-censorship among both foreign and domestic journalists. Journalists, activists, and politicians have been disproportionately singled out for arrests, on vague charges including “sedition” and “terrorism” and without clear evidence supporting them. Such persecution violates the freedom of expression; freedom of assembly; and prohibition against arbitrary detention. It further raises serious concerns as to the possibility of free and fair elections. 4. Civilian and Para-state Violence: Civilians have also committed human rights abuses against targeted groups, both within organized vigilante groups and within state-sanctioned para-military groups. These groups not only have impunity, but the interim government has condoned their actions. These groups have employed violence that violates prohibitions against torture and bodily integrity, and their threats of violence violate freedom of assembly and association and freedom of expression. Recommendations to the U.N. Special Rapporteurs Given renewed protests in recent weeks, the violence and subsequent impunity following the October 2019 elections, and the oppressive conditions that have
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