REDESCA Presents Preliminary Observations from its Working Visit to Bolivia

December 18, 2024

Washington, D.C.- The Office of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR) has concluded its working visit to Bolivia, carried out from December 9 to 11, 2024. The purpose of the visit was to assess the impacts of forest fires on economic, social, cultural, and environmental rights (ESCER), biodiversity, and ecosystems, as well as to analyze the State response to this crisis in the context of the climate emergency. According to estimates, the fires affected more than 10 million hectares, reflecting a significant environmental, ecological, cultural, and human toll.

In this context, the delegation, led by Special Rapporteur Javier Palummo, visited the cities of La Paz, Santa Cruz de la Sierra, and San Ignacio de Velasco, located in the Chiquitanía region, where it held meetings with government authorities at the national, departmental, and municipal levels. These included the Vice President of the Plurinational State of Bolivia, the Minister of Environment and Water, officials from the Ministry of Foreign Affairs, the Ministry of Cultures, Decolonization, and Depatriarchalization, the Ministry of Defense, the Attorney General's Office, and the Governor of Santa Cruz, the authority in the most affected department.

Additionally, REDESCA engaged with local communities, Indigenous leaders, environmental defenders, civil society organizations, and, more broadly, groups affected in the areas impacted by the fires. REDESCA also participated in an open dialogue on forest fire prevention organized by the Ministry of Foreign Affairs, where it presented on access to climate justice and human rights in the context of forest fire prevention.

The Special Rapporteurship gathered key information on the measures taken by the State and other relevant actors to mitigate the effects and protect the rights of affected communities, with particular attention to the differentiated impacts on vulnerable groups: Indigenous and rural communities, uncontacted peoples, women, children, adolescents, and the elderly. A notable aspect of the visit was an aerial survey of the regions most affected by the forest fires, facilitated by the State, which provided a firsthand view of not only the extent of the environmental destruction but also the adverse effects on the livelihoods of local communities and essential ecosystems.

The forest fires had a significant impact, including the displacement of local populations, the disruption of livelihoods, and the deterioration of natural resources essential for the subsistence of communities. The magnitude of the disaster forced entire communities to evacuate, leaving behind homes and completely devastated territories.

There were also documented impacts on the education of children and adolescents due to the loss of classes, as well as significant mental health consequences for the communities, which reported high levels of stress and anxiety. Despite the severe air pollution documented nationwide and internationally, Indigenous and rural communities—already in a vulnerable situation—were disproportionately exposed to even higher levels of pollution. This led to immediate effects, such as an increase in acute respiratory illnesses, as well as long-term risks to cardiovascular and pulmonary health.

REDESCA welcomes the measures adopted by the Bolivian State and acknowledges that its constitutional framework is conducive to respecting the right to a healthy environment. In particular, the Special Rapporteurship positively values the State's initiative to implement the so-called “Environmental Pause” as an important step toward mitigating the impacts of this tragedy.

However, it considers that this measure must be complemented with a comprehensive, participatory, and culturally appropriate approach that addresses not only the immediate emergency but also the structural causes and long-term consequences of the fires on vulnerable populations and affected ecosystems. During the flight to San Ignacio, the delegation of the Special Rapporteurship observed that, despite the Environmental Pause, land was still being burned, which highlights the need to strengthen inter-institutional collaboration, monitoring, control and compliance mechanisms.

The Special Rapporteurship highlights the efforts of the Bolivian State in its immediate response to the emergency, particularly in coordinating across different levels of government to carry out rescue operations, extinguish fires, and mobilize logistical and human resources in a context of budgetary constraints.

The work carried out by the Vice Ministry of Civil Defense, the Government of Santa Cruz de la Sierra, and the municipalities, combined with the participation of volunteer and community firefighters, was crucial in addressing some of the challenges. International cooperation also played a vital role, providing essential logistical, technical, and financial resources for crisis management. This coordinated and multisectoral response, focused on protecting the most vulnerable communities, especially Indigenous peoples, was instrumental in preventing the loss of human lives. However, it is essential to complement these immediate actions with sustainable strategies for prevention, information production, monitoring, early warnings, rapid response, mitigation, resilience, and rehabilitation.

For this reason, REDESCA encourages the continued active role of the central government, coordinated with the efforts of departmental and municipal governments, as well as civil society and the private sector.

The Special Rapporteurship highlights the existence of differing criteria for decision-making, as well as delays in the adoption of measures, due to a legal framework that conditions the implementation of national policies on departmental emergency and disaster declarations, which, in turn, rely on municipal declarations. This system has reportedly slowed necessary responses, contributing to fires becoming uncontrollable. The Special Rapporteurship highlights the importance of analyzing institutional reforms to enable faster and more coordinated action. This approach should be based on a comprehensive policy that links human rights, ancestral knowledge, and environmental sustainability.

REDESCA expresses its concern about the magnitude and underlying causes of the forest fires in Bolivia, particularly in the global context of the climate emergency. These increasingly recurrent events result from a combination of natural factors and human activities.
Among the main causes are massive deforestation driven by the expansion of agribusiness, as well as uncontrolled fire-use practices for agricultural land preparation. These practices, combined with prolonged drought conditions exacerbated by climate change, have increased vulnerabilities.

This situation affects sustainable land management, fire-use regulation, and the implementation of public policies for risk mitigation and adaptation. Additionally, intentional fire-setting, often linked to economic interests and land-use conflicts, further exacerbates the problem. In this regard, the Special Rapporteurship urges the Bolivian State to conduct thorough investigations to identify those responsible and ensure appropriate sanctions. This could be complemented by technical assistance actions to strengthen state capacities to carry out these necessary measures to guarantee ESCER in the referenced context.

REDESCA observes that deforestation, driven by a legal framework that facilitates land clearing and forest burning, known as “Incendiary Laws,” has resulted in an unprecedented loss of tree cover. The Special Rapporteurship verified that protected areas and Indigenous territories were severely affected by the forest fires.

According to official data presented during the visit, in Santa Cruz, more than 60% of the affected hectares were forested areas, while 38% of Indigenous territories were impacted. These fires pose a serious threat to biodiversity, key ecosystem services such as climate regulation and water supply, hydrological cycles, and the traditional livelihoods of local communities. Bolivia has become one of the countries with the highest incidence of forest fires globally, a phenomenon exacerbated by factors such as massive deforestation and the expansion of the agricultural frontier.

In this context, REDESCA emphasizes the urgent need to reconsider and reform this legal framework, replacing it with legislation that prioritizes environmental sustainability and the protection of human rights in line with international standards. This reform should aim to prevent deforestation, promote sustainable land use, and strengthen mechanisms for monitoring, enforcement, and penalties to avoid illegal practices that contribute to environmental degradation. It is also imperative that this process includes a participatory approach that integrates the voices and knowledge of affected communities, particularly Indigenous peoples.

REDESCA also observes that the expansion of the agricultural frontier, driven by the demand for land for monocultures such as soy and extensive livestock farming, has been a key factor in the spread of forest fires in Bolivia. The conversion of forests into agricultural land and the use of fire to prepare fields have increased the vulnerability of these regions to fires, which become uncontrollable due to prolonged drought conditions, delays in adopting measures, and a lack of adequate resources and infrastructure for effective prevention and response. It is essential to continue strengthening the legal framework to limit the expansion of the agricultural frontier and promote sustainable alternatives that protect both ecosystems and the ESCER of the communities that depend on them.

Finally, REDESCA extends its sincere gratitude to the Plurinational State of Bolivia for its openness and collaboration, especially to the Ministry of Foreign Affairs and Bolivia's Mission to the Organization of American States (OAS) for their support during the visit. Likewise, and very especially, REDESCA deeply appreciates the dedication and efforts of civil society organizations, as well as the communities that, with great commitment, mobilized to share their valuable testimonies and experiences.

REDESCA informs that, as a result of this working visit, a final report will be prepared, including detailed observations and specific recommendations. This report will be presented to the Inter-American Commission on Human Rights (IACHR) for its review and approval in accordance with established procedures.

The Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights is an office created by the Inter-American Commission on Human Rights (IACHR) with the purpose of strengthening the promotion and protection of economic, social, cultural, and environmental rights in the Americas, leading the Commission’s efforts in this area.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. RD320/24

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