COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF BOLIVIA (ESTADO PLURINACIONAL DE)

The Committee on the Rights of the Child today reviewed the fourth periodic report of Bolivia (Estado Plurinacional de) on how that country is implementing the provisions of the Convention on the Rights of the Child.

Introducing the report, Celima Torrico Rojas, Minister of Justice of Bolivia (Estado Plurinacional de), said that thanks to the struggle of the indigenous peasant farmers and the process of democratic change conducted by President Evo Morales, Bolivia (Estado Plurinacional de) had begun a process of social changes to strengthen the State and guarantee the exercise of fundamental rights. Bolivia (Estado Plurinacional de) had set up a Constitutional Assembly in 2008, which had carried out the fundamental task of drafting a new text for the Constitution. This new text incorporated civil, political, economic, social and cultural rights. The last Constitution had prescribed human rights only in 30 articles, while the new Constitution did so in over 120 articles.

As to treaties and conventions, Article 13 of the new Constitution recognized that treaties and international conventions prevailed over the law of the State, said Ms. Torrico Rojas. The provisions of the conventions had been embodied in national legal standards and the Convention of the Rights of the Child was consequently part of the Constitution of Bolivia (Estado Plurinacional de). Today there were still some politicians in Bolivia that did not want the new policy to be implemented. Speaking as one of those in positions of authority in the country, she said that Bolivia was committed to this task, to their young people; children were not only considered to be the future, but also to be the present.

In preliminary concluding remarks, Committee Expert Jean Zermatten, who served as co-Rapporteur for the report of Bolivia (Estado Plurinacional de), said that it was of course difficult for the delegation to give answers in the current constitutional transition phase. However, the setting up of the new system required also a legal change. The country needed new laws in order to bring the legal system in line with the new constitutional system; that was why there were around 100 bills that had to be passed. Issues that needed to be addressed included the office of the Ombudsman; the training of the judiciary; education; health; and children in conflict with the law.

Other Experts raised a series of questions pertaining to, among other things, what extent the new Constitutional system had already been implemented in the country; who had taken part in the drafting process of the report and whether children had been included in it; the autonomy of the Unit for Children and Adolescents, which depended on a Deputy-minister, who depended on another Ministry, and whether it had the autonomy it needed to have and whether it was able to carry out the controlling that it had to; whether the Convention had parity or primacy over national law; the implications for children of the existence of two parallel judicial systems in Bolivia (Estado Plurinacional de): the traditional community approach and the positive law system; whether there was a comprehensive child policy in Bolivia (Estado Plurinacional de); why was it that Bolivia (Estado Plurinacional de) preferred to have a system of a general Ombudsman rather than a system of specific Ombudsmen; pre-marital unions; how free birth registration was provided for. Also, on the definition of the child, an Expert noted that in Bolivia (Estado Plurinacional de) one talked about “niños, niña and adolescente”, but there was no specific reference in the Constitution of the word “child”.

The Committee will release its formal, written concluding observations and recommendations on the fourth periodic report of Bolivia (Estado Plurinacional de) towards the end of its three-week session, which will conclude on 2 October 2009.

The delegation of Bolivia (Estado Plurinacional de) also included representatives from the Permanent Mission of Bolivia to the International Organizations in Geneva, the General Directorate for Childhood, Youth and the Elderly and the General Director for Judicial Affairs.

As one of the States parties to the Convention, Bolivia (Estado Plurinacional de) is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.

When the Committee reconvenes in public on Tuesday, 22 September, at 10 a.m., it will consider the initial reports of Poland under the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/POL/1) and the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/POL/1).

Report of Bolivia (Estado Plurinacional de)

The fourth periodic report of Bolivia (Estado Plurinacional de) (CRC/C/BOL/4) states that, according to the 2001 Census, the population under age 18, i.e. children and adolescents, accounts for 47.23 per cent of the country’s inhabitants. In this generational group, the largest demographic weight is that of children under age 6, with 39.14 per cent. The structure of Bolivia’s (Estado Plurinacional de) population is a pyramid with a larger proportion of young people. In 2005, 57.5 per cent were under the age of 25. Accordingly, children constitute an especially significant population for setting State priorities.

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. Research conducted in the cities of La Paz, El Alto, Cochabamba and Santa Cruz in 2004 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 from this form of exploitation and the figures represent about seven per thousand. The research explains the increase in commercial sexual acts of violence as the product of the following contributing factors: the increased demand for sexual “services”; the family’s poverty and its expectation of receiving a good income; family disintegration; experiences of sexual abuse at an early age; low self-esteem and lack of opportunities for self-realization; and subjection through deceit, blackmail and inducement to consume alcohol and other substances. 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.

With regard to infant mortality, according to official data (the National Demographic and Health Survey of 2003), 54 of every 1,000 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.

Presentation of Report

CELIMA TORRICO ROJAS, Minister of Justice of Bolivia (Estado Plurinacional de), said that thanks to the struggle of the indigenous peasant farmers and the process of democratic change conducted by President Evo Morales, Bolivia (Estado Plurinacional de) had begun a process of social changes to strengthen the State and guarantee the exercise of fundamental rights. The report had been drafted with the help of several State institutions and social organizations at all levels of the country. Bolivia (Estado Plurinacional de) had set up a Constitutional Assembly in 2008, which had carried out the fundamental task of drafting a new text for the Constitution. This new text incorporated civil, political, social, cultural and economic rights. The last Constitution had prescribed human rights only in 30 articles, while the new Constitution did so in over 120 articles.

Among the provisions for children and young people in the new Constitution, Ms. Torrico Rojas highlighted Article 58 which stated that any child and young person held rights, and an ethnic, socio-cultural, gender and generational identity, as well as the right to meet its needs and aspirations.

Article 60 of the new Constitution said that it was the duty of the State, society and family to guarantee to the highest level the best interests of children, which included the primary need to receive protection in any circumstances and access to a system of justice that was prompt and timely, with the assistance of specialized staff, noted Ms. Torrico Rojas. Further, Article 61 prohibited forced labour and the exploitation of children.

As to treaties and conventions, Article 13 of the new Constitution recognized that treaties and international conventions prevailed over the law of the State, said Ms. Torrico Rojas. The provisions of conventions and treaties had been embodied in national legal standards and the Convention of the Rights of the Child was consequently part of the Constitution of Bolivia (Estado Plurinacional de).

The principal tool to ensure the application of the Convention was the Code on Boys, Girls and Young People: it provided that all children on the national territory would be protected without exclusion, and included a provision of non-discrimination and that children were considered as social objects of the law, said Ms. Torrico Rojas.

The current new paradigm in Bolivia (Estado Plurinacional de) gave an alternative focus compared to those which had existed previously in Bolivia (Estado Plurinacional de), said Ms. Torrico Rojas. Four pillars for development had also been identified: to eradicate poverty through a fair distribution of income, wealth and opportunities; to build a pluri-national society and State; to change and diversify production; and to achieve a sovereign Bolivia (Estado Plurinacional de).

The following plans and standards were also planned to be implemented, among others: the Zero Malnutrition Programme, consisting of providing complimentary feeding to mothers; and the Act on Universal Health Security, with particular benefit being provided to indigenous peasant farmers. Healthcare was provided to indigenous peoples according to their customs, said Ms. Torrico Rojas.

There was also an act for the promotion of breast-feeding to promote and protect this practice. According to the United Nations Children's Fund, Bolivia (Estado Plurinacional de) was playing a leading role in breastfeeding with 60 per cent coverage of breastfeeding in the months 0 to 6, noted Ms. Torrico Rojas.

There was also a programme for the eradication of illiteracy, called “Yes I Can”, which was endorsed by the United Nations Educational Scientific and Cultural Organization, noted Ms. Torrico Rojas.

The State of Bolivia (Estado Plurinacional de) was ready to comply with the provisions of the Convention on the Rights of the Child for the well-being of children, the family and the whole community, said Ms. Torrico Rojas. Today there were still some politicians in Bolivia that did not want the new policy to be implemented. Speaking as one of those in positions of authority in the country, she said that Bolivia (Estado Plurinacional de) was committed to this task, and to their young people; children were not only considered to be the future, but also to be the present.

Questions by Experts

ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Bolivia (Estado Plurinacional de), said that Bolivia (Estado Plurinacional de) included a real cultural diversity, with the presence of several indigenous populations across the country; there were also people of mixed race. The country was rich in oil and gas. It had 8 million inhabitants and for the first time Bolivia (Estado Plurinacional de) had an indigenous and trade union leader as President.

Ms. Ortiz noted that it was hard for the Committee to understand the new system that was coming about in Bolivia (Estado Plurinacional de). They did not know to what extent it had already been implemented, or to what extent this was a plan or the embodiment of a vision.

She however congratulated the many changes and the new Constitution which included many chapters on human rights and also for the fact that primary and secondary education was free and compulsory. Ms. Ortiz also congratulated the delegation for the fact that the community Ombudsman office could be found in 303 of the 320 local communities.

How was the report written, who had taken part in its drafting, and to what extent had other actors been involved, including children and adolescents, asked Ms. Ortiz.

In order to guarantee rights to its children, a country should put in place a coordination mechanism to coordinate all social players, such as social workers, the media and the Government. This coordination body had to be a high-level body so that its work was heard and so that it could ensure that children and adolescents were at the front of policy making. The body playing this role in Bolivia (Estado Plurinacional de) had been weakened in recent years, said Ms. Ortiz. It had undergone many changes and the danger was that its work was not done at a high enough level.

Turning to the economic and social development plan, Ms. Ortiz noted that it suffered from the fact that it did not include all rights. The Committee however accepted the fact that this plan was still under discussion.

Ms. Ortiz also wondered whether the Unit for Children and Adolescents, which depended on a Deputy-minister, who depended on another Ministry, had the autonomy it needed to have and whether it was able to carry out the controlling that it had to.

JEAN ZERMATTEN, the Committee Expert serving as co-Rapporteur for the report of Bolivia (Estado Plurinacional de), said, that he had not found, in the articles of the new Constitution, the principle of participation of children, which the Committee believed was a key principle.

Mr. Zermatten also said that it had been his understanding that, according to Bolivia’s (Estado Plurinacional de) Constitution, the Convention had parity with national law. But the delegation had said this morning that the Convention had primacy over national law; this was important information. Was a judge in Bolivia (Estado Plurinacional de) able to invoke and directly apply the Convention?

Mr. Zermatten further noted that two judicial systems were prevailing in Bolivia (Estado Plurinacional de): the traditional community approach and the positive law system. Also, the number of professional judges was very low. The community based system was preferred over the other system and even the Constitution supported this approach. But how did Bolivia (Estado Plurinacional de) coordinate between the two systems? How was it ensured that the rights of the child were respected in such a system?

Mr. Zermatten noted that there were several action plans at the national level, including the development plan “Vivir Bien”, a national action plan on human rights and a plan on equal opportunities. But was there any specific plan on children? Was there at all a comprehensive child policy in Boliva (Estado Plurinacional de)?

Why was it that Bolivia (Estado Plurinacional de) preferred to have a system of a general Ombudsman rather than a system of specific Ombudsmen, such as one for children only, wondered Mr. Zermatten.

Mr. Zermatten further asked what was being done in Bolivia (Estado Plurinacional de) to apply the principle of the right of children to be heard.

Other Experts then raised a series of questions pertaining to, among other things, whether the Bolivian Constitution considered a child in Bolivia (Estado Plurinacional de) in terms of being a full subject of the law.

One expert commented on the fact that the creation of a child Ombudsman would be seen as a commitment by the State to guarantee equal rights to all children.

Another Expert wondered to what amount the budget for children had been increased in the last years. Also, what happened when national laws were in conflict with the Convention?

An Expert noted that Bolivia (Estado Plurinacional de) had a federal system and that the regions had autonomy. What happened when there was resistance from the local level to implement something the national level had decided? Was there a sufficient harmony to allow a free-flow of communication?

On birth registration, the Committee recognised that Bolivia was making many efforts. But these efforts were as yet insufficient to ensure that birth registration was implemented at the rural level in an appropriate manner. What was the rate of birth registration that had been achieved, asked an Expert. How was free birth registration provided for?

On the definition of the child, an Expert noted that in Bolivia (Estado Plurinacional de) one talked about “niños, niña and adolescente”, but there was no specific reference in the Constitution of the word “child”.

Another Expert noted that there was a system of premarital union in Bolivia (Estado Plurinacional de). What did that mean? Were children engaged in such pre-marital unions? On corporal punishment, the Committee was concerned that it could be lawful in certain cases.

Response by the Delegation

Responding to these questions and others, the delegation said that they asked themselves the same kind of questions as the Committee had asked. A lot of changes in many policies had been difficult to bring about. The opposition had been very strong against many of the changes. The political Constitution said that the Plurinational Assembly had to approve the new legislation. Many of the questions that were asked today were in part linked to the new legislation on which they were working on.

The delegation indicated that the Government was currently working on about 100 different laws to ensure that the Assembly would approve them all. There was an ongoing debate on these issues in Bolivia (Estado Plurinacional de) and a lot of questions had been asked. There was a lot of work before them. Taking into account the current situation, it would be hard for the delegation to answer all the questions the Committee had asked.

As an example of the current complexity in Bolivia (Estado Plurinacional de), the delegation said that representatives from associations of working children had asked why they would not have the right to work and had even acted against the non-governmental organizations that supported the fight against the work of minors.

The delegation also indicated that non-governmental organizations had fully participated in the drafting of the State’s report. It was true that some issues were pending, such as the full participation of children’s associations in the process.

Further, the delegation highlighted that the old Constitution had not yet been full abrogated and the new one had not yet been adopted. The country was thus in a transition phase.

As to the justice systems, both forms of justice were now on equal footing. The vision was to draft a law that would define the boundary of ordinary justice and the coordination between both systems. There was no supremacy of one system over the other.

On the issue of international treaties, the delegation said that these prevailed over the national law. The Constitution had to be in-line with international treaties and conventions to which Bolivia was part of. As the Constitution prevailed over domestic legislation, so did international treaties.

Turning to the power of the Ombudsman, the delegation indicated that it could not give out sanctions, but could make recommendations.

On free birth certifications, these were financed by the Treasury. If the father or the mother of a child denied the fact that they were one of its parents, he/she had to prove that he/she was not a parent of the child.

On corporal punishment and whether or not a prohibition was being considered for mistreatment, the delegation said that in the new Constitution, any form of violence against children in the family or in the society was punished. However such forms of violence were allowed currently and they would have to act in order to bring in line the facts on the ground with the provisions of the new Constitution.

Boys, girls and adolescents were at the heart of the vision of the Bolivian plurinational State, noted the delegation; this was visible in the attention the State was giving to children.

Turning to whether there was a national plan on children or not, the delegation said that there was a national plan for children, which was composed of four programmes. This plan had just come out of the drafting process and would soon be implemented. Among the programmes of this plan was one called “Childhood for Change”, which was about making children under 6 years of age a priority. Another programme of the plan targeted the empowerment of the family and the community.

Further Questions by Experts

During the second round of questions, JEAN ZERMATTEN, the Committee Expert serving as co-Rapporteur for the report of Bolivia (Estado Plurinacional de), said, on the issue of street-children, that many non-governmental organizations worked in this regard and that the problem still existed. Were there any statistics on street children? What measures had the State party taken to improve the lives of these children?

On children deprived of liberty, Mr. Zermatten noted that children between ages or 16 and 18 were considered as criminally responsible in Bolivia (Estado Plurinacional de) and that it was quite frequent for them to be deprived of their liberty. Some were also held with adults; this did obviously not comply with the Convention.

ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Bolivia (Estado Plurinacional de), asked how many people made up the team for children in the Unit for Childhood, Youth and the Elderly. Was the unit able to actually run a protection and promotion system for the rights of the children throughout the country? Was it thought to become a ministerial-level unit?

Other Experts asked further questions on topics including, among others, how the State party would achieve to provide for free healthcare until the age of 21. What implications would this have in terms of budget implications? Other questions were also asked on adolescent health and their right to privacy in healthcare; was the country considering ratifying the Convention on the Rights of Persons with Disabilities?

One Expert noted that the age of marriage was 14 for girls and 16 for boys. Was this enshrined in customary and national law? Further, what would happen during the transition period between the old and new Constitutions to ensure that children in detention were fully protected? What were the underlying factors of violence and what was being done in regard to sexual violence against children? Was this issue included in the national plan on children?

On early-childhood institutions, one Expert noted that care and education facilities were not mentioned in the State party’s report. He did not understand which institutions were available for the young and the very young children. Did parents have to pay to place their children in such institutions? He also noted that a curriculum existed for years 0 to 3. Was it curriculums which parents were encouraged to use or was it implemented in day-care institutions? Also, how were staff members of these institutions trained?

Turning to the issue of play and leisure, the Expert noted that the Convention had incorporated in it the child’s right to play, but that there was no information about play and leisure activities in the State report.

On the definition of the child, one Expert noted that in the new code, there was a distinction between children and adolescents. The Convention however did not make any distinction between those two classes of children. Were there different rules that applied to those two classes of children in Bolivia (Estado Plurinacional de)?

Further, what was the structure of juvenile justice? An Expert noted that the criminal responsibility of children was set at 16 years of age and wondered what happened to a child aged 15 who committed a very serious crime?

Turning to child labour, an Expert congratulated the delegation on the inclusion of Article 61 in the new Constitution which prevented the exploitation and forced labour of children. What was the status of this article? How was the question of child labour dealt with in Bolivia (Estado Plurinacional de)?

On adolescent health, an Expert was extremely concerned over the number of teenage and early pregnancies in Bolivia (Estado Plurinacional de). What measures was the State party putting in place to address this issue?

Turning to HIV/AIDS, an expert drew attention to the fact that in Bolivia (Estado Plurinacional de) there was cause for concern, as there was a consistently upward trend, especially among the adolescents and the young adults. Twenty-six per cent of new reported HIV/AIDS cases were in adolescents between 15 and 20 years of age.

Other Experts wondered whether or not birth certificates were needed in order for a child to be accepted to school. Also, there had been a project for bilingual education for children of indigenous people. But according to figures of the World Bank, school performance was 12 per cent lower for indigenous people than for the other children. What had been done to address this situation?

On the persistence of racism against children from indigenous people, could the delegation speak about possible human rights and awareness raising programmes in schools to address this situation, asked an Expert.

On child trafficking, in spite of the fact that there was a law against child trafficking, it seemed that the situation was getting worse, could the delegation elaborate? Another Expert also asked whether there was a fully developed integrated policy for early childhood development and care in Bolivia (Estado Plurinacional de).

Response by Delegation

Responding to those and other questions, the delegation said that there was no doubt that they would not see all of the many planned initiatives be accepted by the whole of the national parliament. There was a barrier to overcome: the members of Parliament. The delegation hoped that by the end of this year the Government would have successfully overcome this barrier.

In the Government’s view, it was important to consider the physically and mentally disabled people, but there were huge problems and divisions between all stakeholders in these areas, said the delegation.

The delegation also indicated that a new detention centre for children in conflict with the law was currently being built. The Government was also working on a new youth criminal system that would be separate from the normal criminal system. On the juvenile courts for children and adolescents, there were actually three such courts in the country. Through a cooperation agreement with Denmark, 15 new centres of integrated services for access to plurinational justice would be created. Judicial counsellors, prosecutors and judges would serve in these centres.

On the budget for childhood, the delegation noted that Bolivia had not seen any impact of the financial crisis. Figures showed that there would be a degree of stability for the coming years in the State’s budget. One concern was of course what would happen if foreign aid ended.

There were over 300 municipalities in Bolivia (Estado Plurinacional de) and some of the Mayors had been saying that the Ombudsman offices had taken work away form the judges, lawyers and the prosecutors. But each of the municipalities had a budget allocated to the Ombudsman. Two social workers, a psychologist and a lawyer were usually available in the Ombudsman’s offices. There was now a growing awareness among the municipalities that they needed to open these Ombudsman’s offices.

Turning to healthcare, the delegation said that one did not need to be employed to receive healthcare. In the long term it was hoped that the total population would have access to healthcare for free. Further, the delegation also noted that infant mortality had decreased from 60 to 50 per 1,000 in the last years. The Government supported the idea that up to the age of two years mothers should be breastfeeding.

With regard to pre-marital unions, the delegation noted that such unions did not include cohabitation of both partners. It designated people living outside matrimony and the legislation which applied to people living in civil matrimony also applied to those living in pre-marital unions. Such free unions had no age limit but there was a conservative view amongst families in the indigenous community. Normally free unions did not happen among those under 18 years of age.

On street children, the delegation said that they did not have very precise statistics on them, but there were receptions centres where such children were cared for and where they could receive food and social counselling.

On whether the Government planned to have a ministry on youth, the delegation said that the Cabinet of Ministers had analyzed the situation and they had taken this concern on board. The current situation was that all ministries worked together in a cross-cutting fashion. Childhood had to be dealt with by all ministries; it was cross cutting issue. The delegation could not say, at this point, what type of Governmental structure would be implemented in the future, and whether they would create new ministries.

On the consumption of drugs and alcohol and prevention of violence, the delegation said that there were prevention centres. On violence and abuse, there was a public committee where debating took place on these issues. They also had local forums at the departmental and municipal level carrying out educational activities on sexual violence. Non-governmental organizations were also working at the local and regional level on these issues. There was also a national plan against violence, which was still in its infancy.

Turning to the literacy campaign “Yes I Can”, the delegation said that it was 80 per cent targeted at women. They had even been teaching elderly women to learn to read and write, said the delegation.

For children in the pre-kindergarten phase, the Government was already implementing “learning through play” programmes, said the delegation.

On youth justice and how it dovetailed with the traditional and indigenous justice systems, the delegation pointed out that they were working on drafts of legislation separating youth proceedings from the normal justice proceedings. In the indigenous justice system there was no separation between civil, criminal, family and land law; it was a comprehensive system. There was also no separation between minor and major offences, said the delegation.

On child labour, this was one of the issues that had to be regulated, said the delegation. The Code on Boys, Girls, Children and Adolescents indicated that the minimum age for employment was of 14 years of age. However, this Code had been drafted before the new Constitution.

On trafficking in persons, and whether trafficking had gotten worse or had improved, the delegation said that trafficking in people was one of the scourges of the world and that Bolivia (Estado Plurinacional de) was committed to fighting this scourge. They had acceded to the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. Centres for victims of trafficking had been set up and the Government also wanted to set up such centres along the border with Argentina.


The anti-criminal unit, which was part of the police service, was the one mandated to detect and prosecute and provide prosecutors with information on trafficking, said the delegation. There was also a free hotline allowing victims to call and ask for help and support and which allowed for investigations to start immediately. Border controls had also been strengthened.

On the definition of the child, the delegation acknowledged that the Convention defined it as a person between birth and 18 years of age. Bolivia (Estado Plurinacional de) however had broken this down into two groups: 0 to 12 and 12 to 18 years of age, as both of these two groups were considered different. This was in the best interest of the child as both groups had different needs and needed different services.

On adolescent health, the measures put in place were mainly preventative ones. They had included reproductive health in the curricula in middle and high-schools. This had been promoted by the Ministry of Health.

On HIV/AIDS the attitude against infected people was different than before, noted the delegation. They were not considered as ill persons anymore. The Government was doing everything to ensure that HIV/AIDS infected persons could fully enjoy their rights.

On reproductive health, contraception methods were provided for free and people were could decide for the best way to protect their own health, said the delegation.

International adoption was also in the limelight; Bolivia (Estado Plurinacional de) had signed the international conventions on this issue. But these conventions allowed the country to allow or prohibit international adoption, in the case that they could find enough families for adoption inside the country.

Turning to national adoption, the foster procedures in Bolivia (Estado Plurinacional de) were very bureaucratic and complicated and when a Bolivian family wanted to adopt a child they often avoided all these legal procedures and simply said that the boy was their own.

In terms of children with parents in prisons, the delegation said that this was a difficult problem, which needed to be addressed. The Ministry of Justice was also trying to reform the overcrowding in the prison, and the lack of services such as health and education for detained persons.

On birth certificates and schooling, schools usually accepted children without a birth certificate. This was not an obstacle to registration, said the delegation. There could be a warning issued to the parents if the child returned the following year without a birth certificate.

On the right of the child to play, the delegation said that in the pre-kindergarten and kindergarten there were programmes that were part of the schooling plans which included games. In primary and secondary school, play was not specifically on the programme, but it was a right that was exercised during the breaks between classes.


Preliminary Concluding Remarks

JEAN ZERMATTEN, the Committee Expert serving as co-Rapporteur for the report of Bolivia (Estado Plurinacional de), in preliminary concluding remarks, said that it was difficult to comment on everything that had been said today. It was of course difficult for the delegation to give answers in the current constitutional transition phase. However, the setting up of the new system required also a legal change. The country needed new laws in order to bring the legal system in line with the new constitutional system; that was why there were around 100 bills that had to be passed.

Among the challenges which faced Bolivia (Estado Plurinacional de) today were an economic challenge and also a demographic challenge. More than 50 per cent of the population was made of children. This was a challenge but could also be an opportunity if the State invested in this part of the population, said Mr. Zermatten.


Mr. Zermatten said that there was also a main weakness if, as the delegation said, there were only 11 officials which worked in the children sector in the Government. These had to deal with a whole country.

Other issues that needed to be addressed included the office of the Ombudsman; the training of the judiciary; education; health; and children in conflict with the law. In its concluding observations, the Committee would raise these issues and would suggest answers that could be useful to the delegation.


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