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EPU THIRD CYCLE BOLIVIA 2019

Human rights, extractive activities and construction

of large infrastructures

ALIANZA POR LOS DERECHOS HUMANOSY EL MEDIO AMBIENTE

ELABORATED BY:

“Es un grupo de cincuenta organizaciones de la sociedad civil de Bolivia que aboga por el respeto y ejercicio de los derechos humanos y el medio ambiente”

ALIANZA POR LOS DERECHOS HUMANOSY EL MEDIO AMBIENTE


Human rights, extractive activities and construction

of large infrastructures

Responsable de la edición del informeEdición y diagramación

Marco Antonio Gandarillas GonzálesEfraín Ramos Yujra

Sub Central

TARIQUÍA

Ayllu Fundo RusticoAcre Antequera

Capitanía ComunalTacobo Mora-CTM

COMUNIDAD CAIGUAÁrea de influencia directa del Parque Nacional Aguaragüe

CDVTComite de DefensaValle de Tucabaca

Comite de GestionReserva de Vida SilvestreTucabaca - CGAP/UCPNT

JACHA MARKA TAPACARI CONDOR

APACHETA

MANRIBEQMancomunidad de

Comunidades indígenas de ríos Beni, Tuichi y Quiquibey

SUB CENTRAL CABILDOSINDIGENALES

región Isiboro Sécure TIPNIS

ColectivoCONSUMIDORAS

CONSCIENTES

El Q’epidel truequeBolivia

ELAEscuela de Líderes

Ambientales

Plataformapor el Medio Ambiente

y la Vida

WARMIS ENRESISTENCIA

Espacio de Mujeres

RED ECLESIALPANAMAZÓNICA

MOJOS

VCDDHHVeeduría Ciudadana de

Derechos Humanos

NaciónQHARA QHARA

La Paz. 2019

Responsable de la edición del inf ormeEdición y diagramación

Marco Antonio Gandarillas Gon zálesEfraín Ramos Yujra

La Paz. 2019

5

Balance of the second cycle recommendations and implementation Bolivia, during the previous two evaluation cycles, received few recommen-dations regarding the environment, rights of indigenous peoples, the right to food and human rights defenders, usually affected by extractive activities and the construction of large infrastructures. Nowadays,

in 28 million hectares in Bolivia, hydrocarbon prospection and exploitation operations are even enhanced. The amount of land open to explotation rep-resents around 25% of the country’s territory. There are mining claims and activities on 1,848 rivers and 39 bodies of water, if micro-basins are taken into account, these mining claims, once in operation, will impact the 64.5% of the high plateau and 50.6% of the Amazon.

The magnitude of these activities and the various, negative impacts they cause in the exercise of human rights does not answer the recommendations Bolivia has received in previous evaluation cycles. Of the 315

recommendations of both cycles, only 3 refer to prior consultation with indig-enous peoples, 4 to the environment, 3 regarding water and 1 around human rights defenders.

Unfortunately, these few recommendations have not been properly implement-ed. Fundamental rights, such as prior consultation and freedom of association, are regulated through supreme decrees, distorting the principle of legality. Similarly, in the context of extractive activities, the right to the environment and health, the right to food, the right to life of indigenous peoples in volun-tary isolation, as well as the rights of people defenders are being systematically affected.


Human rights, extractive activities and construction of large infrastructures

6

Evidence of violations, due to extractive activities, to the right to a healthy environment• Extractive activities are severely degrading the environment thanks to

the authority’s lack of any action or prevention. The constitutional pro-visions related to the protection and conservation of the environment are not complied with by the regulations that promote extractive activi-ties such as the Mining Law 535 (2014) and the D.S 2366 (2015), that al-lows hydrocarbon activities to be carried out within the protected areas.

• There are very alarming cases of contamination of water bodies in the Lake Poopó basin on which the Uru people depend, which has been de-clared highly vulnerable after the drought events in 2015

• Authorizations to carry out hydrocarbon exploitation in protected ar-eas have distorted the objectives which led to creating these same areas, putting them at serious risk of environmental degradation. 11 of the 22 national protected areas are allowed to prospection and exploitation in more than 30 areas and cover up to 90% of these areas. The indigenous people that live there depend for their survival on the good state of con-servation, a situation affected by the mentioned rules.

Cases documented in the report:

Authorizations to carry out hydrocarbon ex-

ploitation in protected areas have distorted the objectives which led to creating these

same areas

The effects of pollution caused by activities

such as mining and hydrocarbon

exploitation on agricultural land and

water bodies are alarming

Rights Sectors Cases Regions

HealthyEnvironment

MiningHuanuni,

BasinLake Poopó

Andina

Hydrocarbons Protected Areas

National/Lowlands (Chaco)

Evidence of violations of the right because of extractive activities

• The effects of pollution caused by activities such as mining and hydro-carbon exploitation on agricultural land and water bodies are alarming. In the case of the Huanani Sub Basin there is a Supreme Decree No. 335 that, ten years after its promulgation, has not been implemented.

• The use, management and disposal of Mercury in mining activities vio-lates the Minamata Convention, putting the food base of the indigenous Amazonian population at risk of contamination.

EPU THIRD CYCLE BOLIVIA 2019 Human rights, extractive activities and construction of large infrastructures

7

• The country lacks regulations to address the use, management and dis-posal of highly polluting substances, such as the pesticides massively used in agricultural activities. The degree of population exposure to food contaminated by highly dangerous pesticides is still unknown.


Right Sectors Cases Regions

Waterand food

Mining

Sub basin Huanuni

Poopó LakeAndina

Mercury National/Amazon

Agricultural Agrochemicalshighly toxic

National/Lowlands (Chaco)

Evidence of violations of the right to prior consultation of indigenous peoples

• The right to prior consultation of indigenous peoples is duly inserted in the Bolivian Constitution. However, in the mining and oil laws and de-crees issued between 2014 and 2018, its exercise is restricted because it is not well formulated and does not duly reflect the concerns of indigenous peoples, being assumed by the authorities rather as an administrative procedure to endorse projects and quantify compensation, limiting its scope as a fundamental right of indigenous peoples.

• Emblematic cases documented by human rights organizations and in-stitutions show different patterns of violation of this right committed by extractive activities and the construction of large infrastructures:

- The State argues that these activities have rights prior to those of indigenous people, as is the case with pre-constituted mining rights.

- In others, they are denied the right to consultation, as there are own-ership conflicts over that same lands.

- Other violations have to do with the breach of the agreements reached, as in the case of hydrocarbons.

- The absence of information on environmental impacts aggravates an extremely defenseless situation.

...in the mining and oil laws and decrees issued between 2014 and 2018, its exercise is restricted because it is not well formulated and does not duly reflect the concerns of indige-nous peoples


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- There are no judicial procedures that victims may activate in order to reduce the asymmetry of power.

- Finally, the absence of prior consultation is expressed in the impo-sition of projects, the increase of conflicts and the abuse of power of authorities and companies.

- There are worrying cases of violence and impunity such as those reg-istered in Takovo Mora and the TIPNIS.



Previous Query

Mining

• Jach´a Marka Tapacarí Condor Apacheta

• Choquecota Marka del suyu Jach´a Carangas

• Quila Quila Brand, Qhara Qhara People

Andina

Hidrocarbons • Takana II• Takovo Mora

AmazonChaco

Infrastructures• TIPNIS• Chepete Bala• Rositas

AmazonChaco - Valleys

from Santa Cruz

Evidence of violation of the right to life of indigenous peoples in voluntary isolation due to extractive activities• Bolivia has contracted international obligations in relation to respect,

guarantee and protection of the rights of indigenous peoples in volun-tary isolation and initial contacts and has incorporated these rights into the Constitution. However, Law 450 is not precise, it is vague and has not been properly implemented. The institution responsible in principle for the aforementioned law, DIGEPIO, to date has not been constituted.

• The State, through the promulgation of measures to promote extractive activities on the territories where these peoples live, is putting their lives at risk.

Bolivia has contracted international obliga-

tions in relation to re-spect, guarantee and

protection of the rights of indigenous peoples

in voluntary isolation and initial contacts and has incorporated these

rights into the Consti-tution. However, Law

450 is not precise, it is vague and has not been

properly implemented


9

• In the Nueva Esperanza Block there have been events of unwanted ini-tial contact that were not due or diligently taken care of by the authori-ties, who continue to deny the facts.

• The Bolivian State fails to comply with its international obligations of respect, guarantee and protection of the rights of indigenous peoples in voluntary isolation.



To life PIAV-NC

Hidrocarbons

• Toromonas - Madidi

• Ayoreo - Kaa Iya• Bloque Nueva

Esperanza - Toromonas

AmazonChaco

Evidence of violation of the right to defend the rights of human rights defenders in contexts of extractive activities and construction of large infrastructures• Despite the constitutional provisions in favor of human rights, there is

a gradual deterioration of the conditions for defender organizations, es-pecially women defenders, develop their work in relation to extractive activities and the construction of large infrastructures.

• The absence of specific regulations for the protection, respect and guar-antee of the rights of Human Rights and environment defenders pre-vents them from invoking effective mechanisms of investigation of the attacks they suffer.

• The fact that known regulations use inaccurate definitions and are ap-plied discreetly deepens the problem of the lack of guarantees to the work of defending organizations. Especially with the validity of the Law 351 of legal personalities.

• It is especially worrying that most attacks on defenders come from the highest authorities. Public disqualification undermines and denigrates the image of defenders and in the case of women defenders makes them targets of sexist attacks.

...there is a gradual deterioration of the conditions for defender organizations, especial-ly women defenders, develop their work in relation to extractive activities and the con-struction of large infra-structures


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• The situation of women defenders is particularly concerned. The acts of discrimination against them reveal hoe their rights are affected, within the framework of a systematic pattern of sexist violence



DefendingRights

General • CEDIB• APDDHB National

Mining • RENAMAT Andina

Hidrocarbons • Women defendants of Tariquia Chaco

Infrastructures

• Women defendants of TIPNIS

• Women defendants Chepete - Bala

• Women defendants Rositas

AmazonChaco

Valleys in Santa Cruz


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About the right to the HEALTHY ENVIRONMENT

We ask you to convey the fol-lowing advanced questions:

• What specific measures have been taken to reduce the discharge of pol-luting mining wastes generated by mining activities carried out in Lake Poopó basin?

• What specific plans and resources are available to assist people and communities severely affected by mining pollution in this basin?

• What specific plans and resources are available to assist people and communities severely affected by mining pollution in this basin?

• What environmental restrictions exist for the extractive activities oper-ating within protected areas?

• What measures have been implemented to protect the nature of envi-ronmental conservation areas?

Specific recommendations:

• The abrogation of Law Nº 535 and Supreme Decrees Nº 2366 and Nº 2992, as they are contrary to the exercise of the right to a healthy environment.

• Create an independent institution for the investigation and control of ex-tractive operations (mining and oil) committing environmental crimes.

• Promote studies determining the effect of mining pollution in Lake Poopó basin and the consequences on the health of exposed people. And in relation to this, establish an adequate health public program

• Ratify and implement the Escazú agreement on access to information, and participation in the environmental decision making process and environmental justice.

RECOMMENDATIONS TO THE BOLIVIAN STATE

Huanuni mining company and Huanuni river,

2016 CEDIB photography


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About the right to FOOD

We ask you to convey the fol-lowing questions:

• What measures have been taken to prevent mining activities in Lake Poopó basin destroying the rights to have clean water and adequate food?

• What specific measures have been taken to reduce the use of mercury in mining activities?

• What specific measures have been taken in order to reduce and control the sale and use of highly hazardous agrochemicals (pesticides)?


• Promoting comprehensive reparation actions for the victims of environ-mental deterioration, such as the Uru communities and inhabitants of Poopó basin.

• Create specialized technical mechanisms to regulate the importation, use and dumping of mercury, mitigate anthropogenic emissions and guarantee the rights of affected communities.

• Establish legal actions in order to regulate the importation, use and dumping of highly dangerous agrochemicals.

Mining worker manipulating mercury on

the Beni river 2015 CEDIB photography


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About the right to prior CONSULTATION TO INDIGENOUS PEOPLES


• Adjust the legal framework of the mining and hydrocarbon sector ac-cording to ILO Convention 169. Reform the Mining Law and D.S 2298 specifically recognizing the Right to Access to Information in the con-text of extractive activities.

• Promote actions of prevention and participation of indigenous commu-nities in the National Human Rights Action Plan, considering their spe-cial vulnerability and the systematic violations of their rights.

• Establish comprehensive reparation measures for those indigenous communities that were affected in the breach of their right to Prior Con-sultation.

• Abrogate Law 979 that allows the construction of a road through the Indigenous Territory and National Park Isiboro Secure. - TIPNIS.

Well environmental oil liabilities in the Aguaragüe

National Park. 2014 CEDIB photography


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About the RIGHT TO LIFE of indigenous peoples in voluntary insulation

We ask you to convey the following questions:

• What measures have you imple-mented for the regulation of law 450 and the establishment of the Gen-eral Board of Protection of Native Indigenous Nations and Peoples - DI-GEPIO?

• What plans and resources protect the territories and life of indigenous peoples in voluntary isolation and not contacted?

• What protocols do you implement in cases of accidental sightings or contacts with indigenous peoples in voluntary isolation and not con-tacted?


• Raise the SERNAP Administrative Resolution No. 48/2006 to a rank of Law declaring a part of the PNANMAI Madidi as an “Intangible Zone of Absolute Reserve Integral Protection”, prohibiting the exploitation of natural resources or the construction of large infrastructures.

• Adapt Law 450, implementing the intangibility of territories and the prohibition of extractive activities due to the high risk of ethnocide. spe-cially in areas where previous studies and other indigenous peoples are aware of the existence of PI-AVNC.

• Establish urgent protocols (operational, sanitary) in case of accidental sightings or contacts, agreed with the communities, local authorities and neighbors of the area and workers in the areas of Bloques Nueva Esperanza and Rio Beni.

Camp abandoned by the Oil Company BGP in the

Nueva Esperanza block.2016 photography

of Indigenous socio-environmental monitors from the Madre de Dios

Central


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About the right to DEFEND HUMAN RIGHTS

We ask you to convey the following questions:

• What protection measures have been adopted in order to safeguard the reputation and integrity of human rights defenders?

• What measures have been taken in order to guarantee all necessary conditions enabling the defending or-ganizations, as the national NGOs, the possibility of expressing discordant and critical opinions of govern-ment policies?


• Implement Supreme Decree 29851 (2008), through the creation of a special Law for the Protection of Human Rights Defenders, guaranteeing some fundamental aspects such as access to information and strengthen-ing investigations related to crimes committed against Human Rights Defenders in order to avoid immunity

• Abrogation of Law 351 and its Regulatory Decrees as well as all the norms that violate the rights of human rights defenders, especially their right to free associa-tion.

• Support for the work of civil society by adopting pub-lic policies protecting it and ending the improper application of crimi-nal and administrative law, mainly in relation to female Human rights defenders in the context of hydroelectric, hydrocarbon and mining projects.

• Take additional measures in order to protect human rights defenders, with a gender perspective, payin attention particularly those women dedicated to the defense of their territory in the context of hydroelec-tric, hydrocarbons and mining projects; also ensuring that impartial, thorough and effective investigations are undertaken on all attacks and acts of harassment and intimidation of human rights defenders.

Images of Human Rights Defenders.

Top image Note Leaf, bottom image

Amnesty International


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