C. Social movements and non-governmental organizations
44. Social movements, indigenous movements, women’s movements, trade unions and civil society organizations are a powerful
force in Bolivia and have been the driving force behind public protests for greater social justice and equal rights for all Bolivians. Civil
society movements and organizations have pushed for more direct forms of participation in government where the people have a
greater voice and role in policymaking. This has become possible with the election of President Evo Morales who has committed to
opening up policymaking to participation and focusing on eradicating extreme poverty and malnutrition.
45. Human rights organizations have also had an important impact, with the Capítulo Boliviano de Derechos Humanos,
Democracia y Desarrollo andthe Asamblea Permanente de Derechos Humanos de Bolivia(APDHB) monitoring human rights in
Bolivia. Until recently most human rights organizations have not traditionally worked on economic, social and cultural rights, but this is
now changing as human rights and development organizations have come together in putting forward proposals to the Constituent
Assembly. For example, a network of 125 organizations under the umbrella of the Asociación de Instituciones de Promoción y
Educación (AIPE) has drawn up a proposal to include the right to adequate food in the new constitution, after conducting
awareness-raising and consultations across the country. Organizations working with Agua Sustentablehave also advocated national
laws on water issues and the inclusion of the right to water in the constitution.[35]
46. There are also many social and development non-governmental organizations contributing to the realization of the right to food
in Bolivia. The Special Rapporteur had the opportunity to visit two schools in Oruro which provide 280 children aged between 5 and
12 from extremely poor families with access to daily food and basic education. The schools are directed by Julia and Fernando
Sandalio who receive financial support from Emmaus France and Emmaus Switzerland. The French NGO Voix Libre finances daily
food and basic education for more than 15,000 children from poor mining families so that they are not forced into child labour in the
mines.
IV. MAIN FINDINGS AND CONCERNS
A. Progressive realization of the right to food
47. Given its commitments under international and domestic law to the right to food, the Government of Bolivia has a legal
obligation to ensure the progressive realization of the right to food over time, to the maximum of its available resources.
48. The Special Rapporteur welcomes the positive progress made in reducing malnutrition and poverty, but is concerned that the
situation of malnutrition and food insecurity in Bolivia remains grave. Chronic malnutrition of a large proportion of Bolivia’s infant
children is of most concern, as they may be permanently affected by stunted physical and intellectual development. Malnutrition levels
fell from 28.3 per cent to 24.2 per cent between 1994 and 2003, but there have been recent signs of regression, particularly in the
departments of Potosi, Beni and Pando.[36] Although infant mortality rates have fallen, Bolivia still has the second-highest infant
mortality rate in Latin America.[37] High levels of extreme poverty affecting about 35 per cent of the population (and more than two
thirds of people living in some regions) means that millions of Bolivians remain so poor that they cannot afford sufficient food to meet
daily calorific requirements. Although there has been some progress over the last 10 years, it has been very slow. In some regions the
situation is far worse, such as in Potosi and Chuquisaca, where the number of people living in extreme poverty remains well above 60
per cent.
49. The Special Rapporteur was also concerned to find that before 2006, the maximum of available resources had not been
invested in guaranteeing the right to food for all Bolivians. Expenditure has not focused on effective nutritional programmes or
improving the productivity of small-scale agriculture. Therefore the Special Rapporteur particularly welcomes the commitment of this
Government to devoting greater resources to fighting malnutrition, food insecurity and poverty. The Special Rapporteur is very
encouraged by the new tax arrangements under the Hydrocarbon Law in 2005 and the 2006 Presidential Decree, given the massive
increases in revenue that have swelled the Government budget and the fact that the Zero Malnutrition programme, along with other
similar programmes, will be a priority for expenditure. Given decentralization and the fact that local municipalities and prefecturas
receive 60 per cent of this tax directly, the Special Rapporteur would encourage a coherent strategy across the different regions to
encourage all municipalities to ensure that priority for expenditure is given to addressing malnutrition and food insecurity.
B. Violations of the right to food
50. Given its commitments to the right to food, Bolivia has the obligation to respect, protect and fulfil the right to food, without
discrimination. The Special Rapporteur was concerned to receive verbal reports from a number of organizations on violations of the
right to food, particularly related to the displacement and eviction of families from their lands, the persistence of bonded labour and
failure to pay minimum wages, and the pollution of water resources and contamination of fish stocks. However the Special
Rapporteur was surprised that he received information on very few documented cases of specific violations during his visit. He
believes that this may be due not so much to the lack of cases, but rather because most cases are not recorded as there are still very
few organizations working from a right to food perspective in Bolivia. This suggests an urgent need for training to develop a better
understanding of the right to food within the broader context of economic, social and cultural rights. The Special Rapporteur did
receive details of a number of documented cases from the Office of the Ombudsman and civil society organizations relating to specific
cases of violations, as detailed below.
1. Failure to prevent contamination of water sources and agricultural lands
51.
In the departments of Potosi and Oruro, several communities are reported to have complained officially since 2002 of the