University of Minnesota

Report on the Situation of Human Rights in Bolivia, Inter-Am. C.H.R., OEA/Ser.L/V/II, Doc. 8 rev. 1 (1997).




200. The Inter-American Commission on Human Rights, based on the conclusions of this report, makes the following recommendations to the Bolivian state:

201. Appropriately investigate, with the Public Ministry--the appropriate organ under the Constitution--availing itself of all the relevant actions, the events in which nine civilians were killed and 32 wounded from December 19 to 21, 1996, in the localities of Amayapampa, Llallagua, and Capasirca, and to determine the individual liabilities and sanctions that may arise for the military and police agents who participated in those operations.

202. In addition, investigate the circumstances surrounding the death of Col. Eduardo Rivas Rojas, and to determine the individual liabilities and sanctions that may arise from those events.

203. Review the rules regarding the use of force in internal conflicts so as to guarantee full respect for fundamental rights.

204. Pay just compensation to the relatives of the deceased, and the wounded who survived, including Dr. Rodrigo Flores, for the events that occurred at Amayapampa, Capasirca, and Llallagua. This includes compensation for material and moral damages. The material damages include both consequential damages and lost profit, while the moral damages involve making reparation to the individuals for the pain and suffering inflicted on them. These damages should be compensated not only in monetary terms, but also through measures that show the relatives and Bolivian society that events such as these are not going to recur. In other countries, some symbolic event such as a program under a foundation established especially for that purpose, a monument, a museum, or the introduction of draft legislation to improve human rights protections, or a declaration to the next-of-kin at the highest level of the state, have been very important.

205. The conditions of poverty in the zone, as well as the present characteristics of the population affected, make it advisable to carry out a form of reparation to the community, such as promoting a special program for training and social, cultural, and economic development in the area.

206. Supervise the implementation of labor and tax legislation by the mining companies that operate Amayapampa and Capasirca. The IACHR did not investigate whether there had been a violation of such legislation. Nonetheless, it did find that there is a perception among the work force that would merit a clarification in this regard. In addition, guarantee the effective operation of mechanisms for resolving collective labor disputes.

207. The IACHR hopes to have contributed, through the preparation of this report, to ensuring that the Bolivian state is sufficiently positioned so as to carry forward and successfully culminate the process of abiding by its international commitments in respect of human rights, in relation to the events that occurred at Amayapampa, Capasirca, and Llallagua, in the department of Potosí.

208. The IACHR would like to thank all those who cooperated with it and trusted in the successful execution of its mission, at the service of the protection of human rights.

209. Finally, the IACHR would like to conclude this report by reiterating its gratitude to President Gonzalo Sánchez de Lozada and his Government for the invitation extended to the Commission, and for the extensive and unlimited facilities it granted to carry out its functions.

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