Bolivia

I. OVERVIEW

1. Climate change presents a multifaceted challenge to the realization of fundamental human rights in Bolivia, where the interplay between environmental degradation and socio-economic vulnerabilities is acutely felt. In Bolivia, the convergence of deforestation, natural disasters, glacial melt, and rising temperatures has precipitated a myriad of consequences, including diseases, water shortages, agricultural problems, and health issues. These interconnected environmental challenges not only jeopardize ecological stability but also exacerbate existing socioeconomic disparities, disproportionately impacting marginalized communities, and have human rights implications.

2. In this context, the right to self-determination also takes on heightened significance as Bolivia grapples with the imperative to address climate change impacts while navigating constraints on its ability to freely pursue its economic, social, and cultural development.

3. Despite contributing minimally to global greenhouse gas emissions, Bolivia finds itself disproportionately affected by climate change, underscoring the inequities and injustices inherent in the current global climate governance framework.

4. This introduction sets the stage for a deeper exploration of the challenges posed by climate change to human rights, indigenous rights, and the exercise of self-determination in Bolivia.

II. OBLIGATIONS UNDER INTERNATIONAL HUMAN RIGHTS LAW GOVERNING THE RELEVANT CONDUCT

A. The right to a clean, healthy, and sustainable environment

5. All people have the right to a clean, healthy, and stable environment.[1] A suitable environment is necessary to fully enjoy a wide range of human rights, including the right to life, health, food, and water, amongst other rights.[2]

6. In Bolivia, deforestation, natural disasters, glacial melt, and fluctuating temperatures have resulted in diseases, water shortages, food insecurity, agricultural problems, and health issues. Thus, Bolivia’s right to a healthy environment is threatened by climate change

i. Mosquito-Borne Diseases

7. The emergence of mosquito-borne diseases in Bolivia's high-altitude regions marks a significant shift in disease dynamics, traditionally associated with tropical and subtropical climates.[3] Historically shielded from such health threats due to their elevation, these high-altitude communities now face diseases previously foreign to their environments.[4] The pivotal role of temperature in the life cycle and transmission of mosquito-borne illnesses underscores the impact of climate change on disease ecology.[5] As temperatures rise globally, previously uninhabitable regions are becoming hospitable to disease vectors, facilitating the spread of diseases like malaria to higher elevations.[6]

8. This newfound vulnerability presents a formidable challenge for communities accustomed to the cooler climates of the mountains, as they lack the immunity and infrastructure to combat these diseases effectively.

9. Moreover, the socio-economic disparities prevalent in these regions exacerbate the risks faced by vulnerable populations, including limited access to healthcare, inadequate sanitation, and constrained resources for disease prevention and control measures. Consequently, impoverished communities in high-altitude areas are disproportionately burdened by the health and economic consequences of this shifting disease landscape, heightening their vulnerability to the emerging health crisis.

10. We therefore encourage Bolivia to consider the extent to which mosquito-borne diseases can be managed and controlled consistent with the right to a clean, healthy, and sustainable environment, as well as related rights such as the right to health and the right to life.

ii. Deforestation

11. Deforestation in Bolivia remains a pressing concern, with alarming rates of forest loss, amounting to approximately 3660 square kilometers of primary forest in 2022 alone.[7] Deforestation can result in soil erosion. threatening the long-term fertility and productivity of agricultural land.

12. The primary drivers of this deforestation trend are agricultural expansion, particularly for lucrative crops like soy and beef, alongside land clearance activities.[8] Looking ahead, the Bolivian government's ambitious plans to convert an additional 30,000 square kilometers of land for cultivation and to double the cattle herd to 18 million by 2025 raise serious environmental and socio-economic concerns.[9]

13. The expansion of agricultural and livestock production will likely trigger many environmental repercussions. For example, rural communities rely heavily on agriculture to live, and thus, the consequences of deforestation on agriculture may increase food insecurity across Bolivia. These environmental changes jeopardize ecological stability while also exacerbating existing socioeconomic disparities prevalent in rural communities.

14. Deforestation may also impact the livelihood of Indigenous Peoples in Bolivia. From 2002 to 2023, Bolivia lost 4.19 Mha of humid primary forest and 7.97 Mha of tree cover.[10] Around 71% of this tree cover loss can be attributed to deforestation.[11] Short-term economic interests in agriculture and commercial exploitation of natural resources in Bolivia have prompted increased deforestation over the past two decades.[12] Indigenous Peoples have a right to existence and survival under Article 21 of the American Convention on Human Rights, and States are obligated to ensure that Indigenous Peoples have access to the resources they need in order to continue to exist and survive.[13] Indigenous Peoples also have a right of self-determination protected by common article 1 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESSCR). Therefore, Bolivia must take affirmative steps to ensure that the rights of Indigenous Peoples are not infringed by deforestation.

iii. Natural Disasters

15. Bolivia is highly exposed and vulnerable to natural disasters. One of the most visible consequences of climate change in Bolivia is the increased frequency and severity of weather events, with an average of 160 extreme weather events per year.[14] These include more frequent droughts, floods, fires, and landslides.

16. Deforestation has also exacerbated the severity of natural disasters in Bolivia. The removal of vegetation, which serves as a vital natural barrier, disrupts local climate regulations.[15] With fewer trees and plants to absorb rainfall, regions prone to heavy rainfall are at a heightened risk for severe flooding. The loss of forest cover and changing precipitation patterns also increase the likelihood of landslides, particularly in steep terrain on the outer edges of cities.[16] As of April 9, 2024, Bolivia experienced heavy rains, floods, and landslides.[17] These natural disasters affected 85,000 people and killed over 50.[18] Around 171 municipalities in Bolivia were affected by the heavy rainfall, including 73 which have been declared municipal disasters and 24 in emergency.[19] Conversely, climate change and altered precipitation patterns have also led to prolonged droughts in certain regions of the country. In 2016 and 2017, Bolivia faced some of the worst droughts in the country’s history.[20] As a result, efforts were made to ration water; however, the unavailability of water led to protests.[21] More recently, in 2023, droughts played a role in the 42,100 wildfires that broke out across Bolivia.[22]

17. All of these natural disasters have significant impacts on agriculture. Rural areas, relying on agriculture as their main source of income, face reduced profits and food availability due to droughts and other disasters.[23] Food insecurity is a major contributor to rural depopulation, as people migrate from agricultural societies to urban centers.[24] In urban areas, water scarcity leads to restrictions on use, increased drinking water prices, and reduced quality of the water supply.[25] As a result, natural disasters reduce the availability of drinking water, increase the spread of diseases, reduce arable land, and exacerbate existing regional inequalities.[26]

18. We therefore encourage Bolivia to take further steps to protect a clean, healthy, and sustainable environment in the context of natural disasters.

iv. Glacial Melt

19. Rising temperatures across the Andes, coupled with decreasing snow cover, contribute to glacier retreat.[27] This retreat has profound consequences on water availability, particularly during times of droughts, which are becoming more frequent.[28] Bolivia’s glaciers are amongst the fastest shrinking in the world with some already disappearing entirely and the rest undergoing alarming rates of retreat. Glacier cover in Bolivia has decreased between 37 to 42 percent over the last three decades.[29] In the Cordillera Real for instance, more than a third of the ice surface has vanished since 1980 due to climate change.[30] Many highland cities depend on glacier water.[31] For example, El Alto, a city of over one million people, relies on water from Huayna Potosi’s glacier, which is losing two meters in thickness and retreating by 20 meters annually.[32] The loss of glaciers disrupts the natural flow of streams and rivers, affecting water supply to downstream areas and reservoirs.[33] More frequent droughts further amplify the challenges posed by reduced supplies of glacial water, as cities must increasingly rely on their water reservoirs.[34] The consequences extend beyond hydrology, leading to forced migration and socio-economic disruptions in affected communities.[35]

20. We therefore encourage Bolivia to consider the impacts of glacial melt on the right to a clean, healthy, and sustainable environment.

v. Infringements on the right to a clean, healthy and sustainable environment from other States

21. The emissions conduct of high-emitter States may also be breaching the right of Bolivians to a clean, healthy, and sustainable environment of Bolivians. The Committee on the Rights of the Child concluded in the 2021 Sacchidecision that States are responsible for injuries to children outside their territory under the Convention of the Rights of the Child where such States are engaged in “significant” damage to the climate system through emissions conduct, have regulatory control over such emissions, and where such injuries are reasonably foreseeable.[36] Ratifying the UNFCCC and Paris Agreement could make injuries foreseeable. We advise Bolivia to consider whether a similar standard of “significant” damage to a healthy environment in Bolivia from the emissions conduct of States is also a source of international legal responsibility for high-emitter States. If so, we encourage Bolivia to consider whether it is entitled to reparation from high-emitter States for injuries caused on account of infringements of this human right.

B. The right of Indigenous and tribal people to existence and survival

22. The fundamental right to existence and survival of indigenous communities in Bolivia, as protected by article 21 of the American Convention on Human Rights, is threatened by the consequences of climate change.

23. Climate change-induced phenomena, such as more frequent and severe natural disasters, alongside resource extradition, have catalyzed the forced displacement of Indigenous populations from their ancestral lands. [37]

24. The changing climate presents formidable agricultural challenges for Indigenous communities who practice traditional farming. Shifts in weather patterns and temperature fluctuations disrupt traditional planting and harvesting cycles.[38] Consequently, Indigenous populations face uncertainties surrounding access to essential resources such as food and water,[39] exacerbating vulnerabilities and perpetuating cycles of poverty. The repercussions of climate change-induced disruptions extend beyond agricultural livelihoods, exacerbating existing socioeconomic disparities within indigenous communities. Rural depopulation emerges as a pressing concern as younger generations migrate to urban centers in search of alternative opportunities. For instance, La Paz and El Alto are the main urban areas of Bolivia’s highlands and, thus, are major migration destinations.[40] Since the 1970s, El Alto’s population has exploded from a few thousand to over a million people. Over 80% of this population are migrants from the surrounding highland communities.[41] This large migrant population can be partly attributed to the impacts of climate change and how they exacerbate existing socioeconomic issues. Typically, young adults and men move to cities such as La Paz and El Alto, while women and the elderly stay behind. This leaves vulnerable groups to bear the burden of taking care of crops, livestock, houses, and children.[42] Furthermore, the forced displacement and loss of ancestral lands disrupt the cultural fabric and traditional knowledge systems of indigenous communities. These threats pose existential threats to their cultural identity and collective well-being.

25. We encourage Bolivia to consider its obligations to protect the existence and survival of Indigenous communities from climate change impacts, which includes positive duties to undertake special measures in order to protect such existence and survival.

26. We encourage Bolivia to ensure that Indigenous communities are consulted with respect to adaptation measures, consistent with rights of prior, free and informed consent, which is a corollary right to Indigenous self-determination and Indigenous existence and survival.

C. The right of self-determination

27. The effects of climate change prevent Bolivia from fully exercising its right of self-determination. The right to self-determination encapsulates the legal right of peoples to freely pursue their economic, social, and cultural development.[43] The UN Human Rights Committee, in interpreting the protection of self-determination under common article 1 of the ICCPR and ICESCR, has affirmed that “States must refrain from interfering in the internal affairs of other States and thereby adversely affecting the exercise of the right to self-determination”[44]—a clear command from the HRC that the interference by third party States in another State impacts the right of self-determination of the people comprising that State.

28. In 2022, Bolivia’s carbon emissions were 0.00 percent.[45] Despite barely contributing to global greenhouse gas emissions, Bolivia finds itself disproportionately affected by the far-reaching impacts of climate change.[46] This situation severely restricts Bolivia’s ability to freely pursue its economic, social, and cultural development, as it is compelled to allocate significant resources and efforts toward mitigating and adapting to climate change.

29. In 2022, 36.3 percent of Bolivia’s population was living in moderate poverty and 11 percent in extreme poverty.[47] Moreover, Bolivia ranked 90th out of 165 countries in its progress towards the Sustainable Development Goals.[48] However, instead of being able to channel resources to advance socioeconomic development, Bolivia is forced to deal with the consequences of climate change. For example, in March 2024, the Ministry of Planning for Development estimated that flood response and rehabilitation of services would cost over 23.6 million US dollars.[49] Thus, Bolivia is one of the countries least responsible for climate change but most vulnerable to its consequences.[50]

30. The infringements on self-determination on people and peoples in Bolivia is from the conduct of high-emitter States. Therefore, we encourage Bolivia to consider the ways in which high-emitter States have infringed on the right of self-determination of the population, and especially Indigenous Peoples, of Bolivia. We also encourage Bolivia to consider the extent to which high-emitter States bear international legal responsibility for infringements on self-determination in Bolivia and the extent to which reparations are due pursuant to principles of international legal responsibility.

III. RECOMMENDATIONS

31. Bolivia is facing significant challenges due to climate change. The intertwining challenges of climate change and human rights necessitate urgent action and comprehensive strategies at both national and international levels. Bolivia can take several actions to mitigate these problems.

32. First, Bolivian authorities should prioritize the implementation and enforcement of policies aimed at mitigating deforestation, preserving biodiversity, and promoting sustainable land use practices. This would include stringent regulation of agricultural expansion, incentivizing reforestation efforts such as bare root planting, and integrating indigenous communities into decision-making processes regarding natural resource management.

33. Second, given communities' increased vulnerability to mosquito-borne diseases and other health risks exacerbated by climate change, there is a need to bolster healthcare infrastructure, especially in marginalized areas. The government could accomplish this by improving medical facilities, planning vaccination clinics, deploying preventative measures such as mosquito nets, and raising awareness about climate-health linkages.

34. Third, Bolivia must invest in early warning systems and resilient infrastructure in order to mitigate the impacts of extreme weather events on vulnerable populations. According to UN/ISDR guidelines, the early warning system should include the following elements: (1) risk knowledge, (2) monitoring and warning services, (3) dissemination and communication, and (4) response capabilities.[51] Through a people-centered approach, Bolivia can empower its citizens threatened by hazards to act in a timely and appropriate manner to reduce risks. Additionally, promoting community-based adaptation strategies in disaster risk reduction efforts can help mitigate other issues, such as rural depopulation.

35. Fourth, the government must continue to recognize the rights of Indigenous Peoples by ensuring their participation in climate adaptation and mitigation initiatives and protecting their land rights. Examples of this could be including Indigenous PeopleS in discussion of and use, strengthening enforcement mechanisms for land laws, and promoting public awareness through government campaigns and courses. The right of Indigenous Peoples to their self-determination must be protected.

36. Finally, Bolivia must continue its efforts to advocate for climate justice and equitable solutions within the international community. This should include demanding greater financial assistance, technology transfer, and capacity-building support, particularly for countries least responsible for climate change but most affected by its consequences.

[1] https://www.undp.org/sites/g/files/zskgke326/files/2023-01/UNDP-UNEP-UNHCHR-What-is-the-Right-to-a-Healthy-Environment.pdf

[2] https://www.undp.org/sites/g/files/zskgke326/files/2023-01/UNDP-UNEP-UNHCHR-What-is-the-Right-to-a-Healthy-Environment.pdf

[3]https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3309698/#:~:text=A%20recent%20epidemic%20of%20malaria,Andes%20Mountains%20in%20South%20America.

[4] https://www.biorxiv.org/content/10.1101/2023.08.07.552199v1.full.pdf

[5] https://www.biorxiv.org/content/10.1101/2023.08.07.552199v1.full.pdf

[6] https://www.biorxiv.org/content/10.1101/2023.08.07.552199v1.full.pdf

[7] https://www.reuters.com/world/americas/farm-boom-fires-make-bolivia-no-3-world-forest-loss-2023-06-28/

[8] https://www.reuters.com/world/americas/farm-boom-fires-make-bolivia-no-3-world-forest-loss-2023-06-28/

[9] https://www.reuters.com/world/americas/farm-boom-fires-make-bolivia-no-3-world-forest-loss-2023-06-28/

[10] https://www.globalforestwatch.org/dashboards/country/BOL/

[11] https://www.globalforestwatch.org/dashboards/country/BOL/

[12] https://www.forestsoftheworld.org/programme/bolivia

[13] Dave-Inder Comar, ‘Existence and Survival: A Dimension of Indigenous Self-Determination in the Context of Climate Change Impacts’(2023) 0 ArcticY 1.

[14] https://wfp.org/operations/bo03-plurinational-state-bolivia-country-strategic-plan-2023-2027

[15] https://www.ifrc.org/article/bolivia-drought-one-hand-floods-other-safe-water-critical-challenge-both-cases

[16] https://d1tn3vj7xz9fdh.cloudfront.net/s3fs-public/file_attachments/bolivia-climate-change-adaptation-0911_4.pdf

[17] https://reliefweb.int/report/world/el-nino-la-nina-response-monthly-update-april-2024-issue-2

[18] https://reliefweb.int/report/world/el-nino-la-nina-response-monthly-update-april-2024-issue-2

[19] https://reliefweb.int/node/4053446/

[20] https://phys.org/news/2019-09-snowcaps-world-highest-capital.html

[21] https://phys.org/news/2019-09-snowcaps-world-highest-capital.html

[22] https://www.statista.com/statistics/1043824/number-wildfires-bolivia/

[23]https://adore.ifrc.org/Download.aspx?FileId=744525#:~:text=Drought%20intensity%20level%20by%20macroregion%20in%20Bolivia.&text=In%20the%20seven%20departments%20affected,1%2C948%2C056%20individuals%2C%20have%20been%20impacted

[24]https://adore.ifrc.org/Download.aspx?FileId=744525#:~:text=Drought%20intensity%20level%20by%20macroregion%20in%20Bolivia.&text=In%20the%20seven%20departments%20affected,1%2C948%2C056%20individuals%2C%20have%20been%20impacted

[25]https://adore.ifrc.org/Download.aspx?FileId=744525#:~:text=Drought%20intensity%20level%20by%20macroregion%20in%20Bolivia.&text=In%20the%20seven%20departments%20affected,1%2C948%2C056%20individuals%2C%20have%20been%20impacted

[26] https://www.statista.com/statistics/1043824/number-wildfires-bolivia/

[27] https://unesdoc.unesco.org/ark:/48223/pf0000265810

[28] https://unesdoc.unesco.org/ark:/48223/pf0000265810

[29] https://otca.org/en/bolivia-installs-glacier-monitoring-stations-and-makes-progress-in-protecting-the-water-that-supplies-1-8-million-people-in-la-paz-and-el-alto/#:~:text=According%20to%20official%20figures%2C%20the,who%20depend%20on%20glacier%20water

[30] https://unesdoc.unesco.org/ark:/48223/pf0000265810

[31] https://otca.org/en/bolivia-installs-glacier-monitoring-stations-and-makes-progress-in-protecting-the-water-that-supplies-1-8-million-people-in-la-paz-and-el-alto/#:~:text=According%20to%20official%20figures%2C%20the,who%20depend%20on%20glacier%20water

[32] https://unesdoc.unesco.org/ark:/48223/pf0000265810

[33] https://unesdoc.unesco.org/ark:/48223/pf0000265810

[34] https://phys.org/news/2019-09-snowcaps-world-highest-capital.html

[35] https://www.aksik.org/index.php/node/3650

[36] UN Committee on the Rights of the Child (CRC) ‘Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 104/2019’ (Sacchi et al. v. Argentina) (11 Nov. 2021) UN Doc CRC/C/88/D/104/2019 paras 10.7, 10.9, 10.12.

[37] https://press.un.org/en/2022/gashc4350.doc.htm

[38] https://press.un.org/en/2022/gashc4350.doc.htm

[39] https://press.un.org/en/2022/gashc4350.doc.htm

[40] https://www.zobodat.at/pdf/IGF-Forschungsberichte_4_0047-0057.pdf

[41] https://www.zobodat.at/pdf/IGF-Forschungsberichte_4_0047-0057.pdf

[42] https://d1tn3vj7xz9fdh.cloudfront.net/s3fs-public/file_attachments/bolivia-climate-change-adaptation-0911_4.pdf

[43]https://www.law.cornell.edu/wex/self_determination_(international_law)#:~:text=Self%2Ddetermination%20denotes%20the%20legal,a%20number%20of%20international%20treaties.

[44] UN Human Rights Committee ‘CCPR General Comment No. 12: Article 1 (Right to Self-determination) The Right to Self-determination of Peoples’ (13 March 1984) <https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCCPR%2FGEC%2F6626&Lang=en> para 6.

[45] https://www.macrotrends.net/global-metrics/countries/BOL/bolivia/carbon-co2-emissions

[46] https://www.american.edu/cas/economics/ejournal/upload/winters_accessible.pdf

[47] https://reliefweb.int/node/4053446/

[48] https://wfp.org/operations/bo03-plurinational-state-bolivia-country-strategic-plan-2023-2027