OEA/Ser.L/V/II.
Doc. 58

24 December 2009

Original: Spanish

CAPTIVE COMMUNITIES: SITUATION OF THE GUARANÍ INDIGENOUS PEOPLE AND CONTEMPORARY FORMS OF SLAVERY IN THE BOLIVIAN CHACO

TABLE OF CONTENTS

(pdf)

I.        EXECUTIVE SUMMARY

II.         INTRODUCTION

          A.      Background and issues to develop

          B.      Working visit and observation in Bolivia in June 2008

          C.      Preparation and approval of the report

          D.      Contemporary forms of slavery nationally, regionally, and internationally

          E.      Brief introduction on indigenous peoples in Bolivia

III.       INTERNATIONAL LEGAL FRAMEWORK: THE STATE'S OBLIGATIONS
             TO ERADICATE CONTEMPORARY FORMS OF SLAVERY AND PROTECT
             THE RIGHTS OF INDIGENOUS PEOPLES

           A.     Definitions

           B.     International Standards

IV.        THE GUARANÍ PEOPLE AND THE SITUATION OF THE CAPTIVE COMMUNITIES
             IN THE BOLIVIAN CHACO

           A.     The Guaraní indigenous people and the Chaco region of Bolivia

           B.     Working and living conditions of the captive communities

           C.     Situation of women and children in the captive communities

           D.     Access to land and conflictiveness in the Bolivian Chaco

           E.     Access to justice for members of the Guaraní people

           F.     Other difficulties faced by the Guaraní people

           G.     Conclusions

V.         DOMESTIC LEGISLATION AND INITIATIVES TAKEN BY THE STATE
             IN RELATION TO THE GUARANÍ CAPTIVE COMMUNITIES

           A.     Prohibition on practices analogous to slavery in the national legislation

           B.     Agrarian legislation and its application in the context of the captive communities

           C.     Other initiatives for confronting the situation of bondage and forced labor

           D.     Provisions of the Political Constitution of the State

           E.     Observations with respect to the duty of the State to guarantee
                   and protect the right of indigenous peoples to land, territory, natural
                   resources, and the right to consultation

           F.     Observations with respect to the duty of the State to guarantee due
                   process, judicial protection, and access to justice

           G.     Observations with respect to the initiatives of the State in the
                   sociopolitical context of the Bolivian Chaco

VI.            CONCLUSIONS AND RECOMMENDATIONS

The IACHR thanks the Governments of Denmark and Spain for the financial support that made it possible to carry out the working and supervisory visit to Bolivia from June 9 to 13, 2008, as well as the preparation of this report.  The contribution of the Government of Denmark was made in the framework of the project "Strengthening of the Capacities of the Inter-American System of Human Rights in the Defense of the Human Rights of Indigenous Peoples in the Americas”; and the Government of Spain in the project  ¨Promotion for Participation and Human Rights of Indigenous Peoples in the Americas”