Social leader sentenced; protesters clash with police as blockades spread across Bolivia

Introduction

Constitutional Tribunal bans Evo Morales from the 2025 presidential race

On 28th December 2023, Bolivia’s Constitutional Tribunal disqualified former President Evo Morales from running for re-election in the 2025 presidential elections. The ruling (1010/2023-S4) builds upon an advisory opinion from the Inter-American Court of Human Rights, which concluded that indefinite re-election is incompatible with representative democracy. The tribunal declared that re-election is not a human right and can be legally restricted, reversing its previous 2017 ruling that had allowed Morales to seek another term​.

This ruling follows Morales’ previous attempt to seek a fourth term in 2019, which led to widespread protests and allegations of electoral fraud, culminating in his resignation and temporary exile. Although Morales planned to run again in 2025, this decision definitively blocks his candidacy. Morales has sharply criticised the decision, alleging that it is part of a broader political conspiracy orchestrated by President Luis Arce and external actors, including the USA, to disenfranchise him and weaken his political party, the Movement Towards Socialism (MAS)​.

While the Constitutional Tribunal restricted re-election for high political offices, it simultaneously permitted judicial magistrates, including its own members, to seek re-election in different courts (see below).

Bolivia’s judicial election delay raises concerns over rule of law

On 11th December 2023, the Constitutional Tribunal of Bolivia declared the proposed Transitory Law for Judicial Elections unconstitutional (0040/2023), a ruling that extended the mandates of sitting judicial authorities until new elections can be held. These mandates were originally set to expire on 2nd January 2024.

This decision has drawn significant criticism for allegedly infringing on the separation of powers, as it is seen as the Tribunal interfering with the Legislative Assembly’s responsibility for managing the judicial selection process. The postponement of judicial elections has further deepened concerns about Bolivia’s democratic governance and adherence to the rule of law.

The delay and its broader implications are closely linked to ongoing concerns over judicial independence and access to justice, which were raised during a hearing held by the Inter-American Commission on Human Rights one month earlier. Civil society organisations, including the Human Rights Observatory and the Women’s Legal Office, highlighted significant issues within the country’s constitutional justice system.

They argued that repeated rejections of constitutional actions leave human rights violations in impunity and reflect government influence over the judiciary. Specific concerns raised included the lack of impartial judges, indefinite preventive detention and the discretionary powers of judges to sanction lawyers, all seen as weakening judicial independence and the rule of law.

In response, the Bolivian government rejected allegations of judicial inefficiency and political interference. Officials stated that the Tribunal operates within constitutional boundaries and adheres to international human rights treaties. They defended the rejection of constitutionality actions, explaining that these decisions are based on procedural grounds and that appeal mechanisms are in place. Additionally, the government underscored ongoing reforms aimed at bolstering judicial independence, while dismissing claims of political persecution.

The Tribunal’s decision to extend the mandates of judicial authorities now amplifies these concerns, as critics argued that it may entrench political influence within the judiciary.

Association

César Apaza sentenced after abbreviated trial

On 18th January 2024, César Apaza, former leader of the Self-Defence Committee of the Departmental Association of Coca-Producers of La Paz (ADEPCOCA), was sentenced to three years in prison following an abbreviated trial. Apaza, who had been in pretrial detention since September 2022 after law enforcement violently repressed protests by his association, faced allegations of involvement in the September 2022 burning of a parallel coca market. During his detention, Apaza’s health deteriorated significantly and allegations of torture and ill-treatment have drawn attention from national and international human rights organisations.

After 16 months of pretrial detention, Apaza accepted guilt for over 12 charges and was then released from San Pedro prison. The abbreviated trial mechanism, designed to expedite judicial proceedings, has become increasingly common in Bolivia, particularly in cases involving political persecution of ADEPCOCA’s members. However, the use of this mechanism has raised serious human rights concerns. Legal experts and human rights organisations argued that it violates fundamental rights to due process and may be used as coercion.

Human rights delegation attacked during an inspection in Pailitas region

On 28th December 2023, a group of unidentified armed individuals assaulted a delegation of human rights representatives with sticks and stones during an inspection in Pailitas, within the municipality of El Puente. After the assault, the attackers searched the delegation’s vehicle and confiscated personal belongings, including water supplies. Among the delegation were Remberto Cruz from the Permanent Assembly of Human Rights of Bolivia, María Inés Galvis, president of the Human Rights Assembly of Santa Cruz, and two journalists.

Despite assurances from the department’s police commander, Erik Holguín, that a police contingent would accompany the delegation, no officers were present during the inspection. This lack of security enabled the violent attack, placing human rights defenders at serious risk.

The inspection followed recent violent clashes in the region, stemming from land disputes, which had resulted in several injuries and the death of a young man.

Challa Indigenous community approves statute of self-governance

On 3rd December 2023, the Challa Lacuyo District, located in the Tapacarí Province, Cochabamba Department, approved the Statute of Origin-Based Autonomy of Challa (AOC). This action represents the formalisation of the right to self-determination and self-governance as enshrined in Bolivia’s Constitution (2009). The process leading to this approval was grounded in the community’s ancestral demands for autonomous governance.

The statute was endorsed by over 4,200 members of the Ayllus Aransaya, Urinsaya, and Majasaya, who represent the 12 Indigenous Native Peasant Territories (TIOCs) and 28 communities that comprise the ancestral territory of Challa. The approval, achieved by unanimous consent, took place during what the community referred to as the “Mä Jach’a Uru” (“The Great Day”).

Peaceful Assembly

Political divisions spark surge in protests as MAS party splits deepen

In January 2024, political divisions within the Movement for Socialism (MAS) party intensified, leading to an increase in public demonstrations. Pro-Morales groups, largely composed of coca leaf farmers and other agricultural workers, established roadblocks in six regions, calling for the replacement of magistrates through judicial elections and protesting the disqualification of Morales from running for a fourth term in the 2025 general elections (see introduction). These protests stem from tensions between President Luis Arce (“Arcistas”) and former President Evo Morales (“Evistas”) supporters, who are competing for control of the party.

A total of 171 protest events were recorded by ACLED, nearly three times the number in December 2023. Although most of these demonstrations were peaceful, approximately 10 per cent resulted in clashes. The departments most affected by the clashes were Chuquisaca, Cochabamba, La Paz, Oruro and Santa Cruz. Some of the higher-profile protests included:

• On 15th January, police attempted to disperse demonstrators, triggering violent clashes. A police officer sprayed aerosol gas directly at protest leaders, while at least two protesters were injured when tear gas was used near the Constitutional Tribunal in Sucre. One of the injured men, Zacarías Villaca, a leader from Potosí, was struck in the face by a tear gas canister and taken to a medical facility for treatment.
• On 22nd January, the Santa Cruz-Cochabamba highway, a critical route for the transport of goods, particularly for exports, was affected by the protests. Government Minister Eduardo Del Castillo Del Carpio reported 25 blockade points along this route, which has disrupted the movement of goods and affected trade. In his statement, the Minister condemned the protests as “extreme measures” designed to serve the personal ambitions of a person and his close associates, noting the detrimental impact these actions have on the economy and the public. Police used tear gas to disperse protesters in Paratoní and Oruro, resulting in confrontations.
• On 30th January, violence erupted in La Paz between two factions of the ruling MAS party. The confrontation took place near the Vice-Presidency building, where a bicameral multi-party commission was working to address the contentious judicial elections. Footage of the altercation showed women pulling each others’ hair and a man being kicked while on the ground. Notably, there was no police presence to intervene.
• On 30th January, the Departmental Ombudsman’s Office of Oruro deployed an emergency response team to the municipality of Caracollo following reports of alleged excessive force by police during a roadblock operation. The intervention, aimed at dispersing protesters on the La Paz-Oruro highway, resulted in the use of chemical agents by police, leaving three protesters injured—two men and one woman. Two of the injured are authorities from the Federación Sindical Originario Regional Caracollo (FESORC).
• On 31st January 2024, an attempted blockade in Tunas Nuevo, located in the municipality of Pailón, Santa Cruz, escalated into a confrontation between police and protesters. The protesters, who were attempting to block the area, accused the police of using tear gas and stones to disperse them. According to reports, the protesters responded in kind by throwing stones at the police.

According to media reports, clashes between protesters and police officers have occurred at several blockade points, resulting in at least 32 injured police officers. One significant incident took place in Potosí on 27th January, where three police officers were injured, and nine people were arrested in connection with the blockades. The authorities have also reported that two fatalities may have occurred as a consequence of the blockades, although details remain under investigation.

Expression

Journalist faces threats from Beni Government

On 22nd November 2023, Gustavo Cabrera Limpias, head of the Youth Department of the Governorship of Beni, publicly stigmatised and threatened Juan de Dios Peña, a journalist from Taxi Noticias in Riberalta. Cabrera accused Peña of disseminating videos that mocked his earlier apologies to the media. These apologies followed an incident where Cabrera disparaged the press, labelling their work as “sold out.”

Cabrera specifically claimed that journalists accepted payments ranging from 100 to 200 bolivianos (~ US $ 14 to 28) to publish misleading or trivial information. His remarks, captured on video, included derogatory comments aimed at discrediting the integrity of media professionals in the region.

This incident occurred in the context of repeated verbal aggression against journalists in Beni. Media professionals in Trinidad have also expressed concern over frequent attacks by government officials.

Sernap restricts media access amid wildfire crisis

Amid an environmental crisis caused by widespread wildfires across multiple departments in Bolivia, including protected areas and national parks, the National Service of Protected Areas (Sernap) issued an instruction on 21st November 2023 prohibiting directors of the country’s 23 protected areas from making statements to the media. This directive restricts their communication and directly impacts the public’s right to access information.

ANP calls to defend journalists and media independence

On 27th December 2023, the National Press Association (ANP) voiced concern over the increasing efforts by authorities to impose a singular official narrative, limiting the diversity of opinions and media coverage. In its latest report, the ANP recorded that, as of December 2023, 81 journalists—mostly men—had experienced various forms of aggression, while 14 media outlets faced sanctions or attacks on their premises.

In 2023, Bolivia saw the closure of Página Siete, marking the second independent newspaper to shut down under left-wing governments, following La Prensa’s closure in 2016. The ANP had long warned of financial pressure intended to silence critical voices. Additionally, the sale of Los Tiempos in Cochabamba, after pressure on its original owners, represented another worrying shift in the country’s media landscape. The new owners, the Valdivia business group, have promised to maintain journalistic standards and pluralism, yet concerns about editorial independence persist.

Further challenges arose in the Yungas region, where Radio Yungas, a station owned by the Catholic Church and part of the Erbol network, stopped broadcasting in January 2023 after 40 years. Its management chose not to renew its licence. In a related incident, the private station FMBolivia in Chulumani lost its licence in August 2023 for broadcasting via unauthorised channels. Although it resumed operations within a week, it continues to address the sanction.