59th Session of the Human Rights Council
UPR Statement – Bolivia
Akahata makes this statement on behalf of the ONG IGUAL,La Red de Litigantes de las Américas, Hombres Trans Diversos de Bolivia, and the Sexual Rights Initiative.
We value Bolivia’s commitment to the UPR, and we appreciate the accepted recommendations regarding the rights of LGBTIQ+ people, particularly those in which the State commits to provide resources, strength legal and practical measures, and adopt legislation against discrimination towards LGBTIQ+ people and their families, as well as the voluntary commitment to continue efforts to improve the protection of their rights.
These efforts must include the elimination of discriminatory barriers in family matters and political participation of trans people, including access to elected positions, since Constitutional Ruling 0076/2017 and Constitutional Order 0028/2017 impose unconstitutional restrictions on people who have issued their name and gender change. In addition to being discriminatory, this ruling is based on an essentialist, trans-exclusionary approach that generates hostility and violence against trans people, contradicting human rights principles and aligned with the global movement that challenges the concept of gender.
We are deeply concerned that the State, by not recognizing these restrictions, did not accept recommendation 122.274, claiming that there is no legal provision that discriminates against transgender people. Likewise, the lack of acceptance of recommendations concerning civil marriage for LGBTIQ+ people, without valid legal justification, disregards the constitutional rule.
We urge the State of Bolivia to honor the recommendations and its voluntary commitments made in this review, by fully implementing them, with concrete and verifiable measures, resources, and involving civil society.
Thank you very much.