Legal framework on freedom of religion and actual application
The Constitution of the Plurinational State of Bolivia states that the country was founded anew “with the strength of our Pachamama and with gratefulness to God.”
Article 1 of the constitution stipulates that Bolivia is an “intercultural” state based on cultural pluralism.
Article 4 proclaims that “the State is independent of religion” and “respects and guarantees freedom of religion and spiritual beliefs”.
The constitution recognises religion as part of Bolivia’s culture, declaring: “The State takes strength from the existence of rural native indigenous cultures, which are custodians of knowledge, wisdom, values, spiritualities and world views” (Article 98, II). Article 99 states that the cultural riches from religion are part of the cultural heritage of the Bolivian people.
According to article 21 (3), Bolivians have the right “To freedom of belief, spirituality, religion and cult, expressed individually or collectively, in public and in private, for legal purposes.”
The “cultural identity, religious beliefs, spiritualities, practices, customs, and […] world view” of indigenous nations and peoples are expressly protected by Article 30 (2). Their “sacred places” and “traditional teachings and knowledge, their traditional medicine, languages, rituals, symbols and dress [must] be valued, respected and promoted” (Article 30, 7 and 9).
Under Article 14 (II), “The State prohibits and punishes all forms of discrimination based on […] religious belief”. According to the same article (III), “The State guarantees […], without discrimination, the free and effective exercise of the rights established in this Constitution, the laws and international human rights treaties.”
In addition, freedom to teach religion in educational facilities is guaranteed. Under Article 86, “There shall be no discrimination on the basis of religious choice with respect to the acceptance and permanence of students” in such facilities. Religious entities have the right to administer educational facilities (Article 87). Article 88 (II) recognises, “the right of mothers and fathers to choose the education that is appropriate for their daughters and sons”.
Education and freedom of religion are also regulated by the Law on Education of December 2010, which defines education as “unitary and public” (article 1, 5). Article 3 (4) states that education is “one and only in terms of quality, educational policy, and basic curriculum, eliminating financial and private differences.” Article 3 (6) notes that education “is secular, pluralistic and spiritual”. It “recognises and guarantees freedom of conscience and faith and the teaching of religion, as well as the spirituality of Indigenous nations and peoples.” It “encourages respect and mutual coexistence among people with different religious options, without dogmatic imposition, and promotes interreligious dialogue”.
Finally, the legal recognition of religious groups is regulated by the Law on Granting Legal Personality of March 2013, Article 3 of which refers to religious and spiritual organisations.
The Holy See and Bolivia signed an agreement in 1986 on religious assistance in the Armed Forces and the National Police.
Promulgated in April 2019, Law No. 1161 on Religious Freedom, Religious Organisations and Spiritual Beliefs requires religious or spiritual organisations to register and file reports about their legal, social, financial, and religious activities.
Bolivia’s Legislative Assembly has on several occasions declared that properties owned by Churches27 and religious holidays28 are part of the country’s tangible and intangible cultural heritage.
Incidents and developments
The Catholic Church was the victim of repeated attacks during the two years under review.
In August 2021, sacred images were desecrated at the Missionary Temple of St Xavier in Santa Cruz.
In October 2021, the bishop of El Alto complained that a Catholic TV channel had been illegally seized.
Also in October 2021, the head of the Ombudsman's Office of Bolivia, Nadia Cruz, together with pro-abortion activists, vandalised the CEB headquarters in La Paz. They attacked the Catholic Church for preventing an 11-year-old girl, pregnant because of rape, from having an abortion. The Church denied the allegation, pointing out that it admitted the minor at one of its shelters at the request of the Child Protection Agency (Defensoría de la Niñez y Adolescencia).
Both parties appealed to the Inter-American Commission on Human Rights (IACHR), the mother requesting a precautionary measure and the Ombudsman's Office demanding the abortion be performed. In the end, the IACHR placed the girl in the care of the Ombudsman's Office and an abortion was carried out. The Commission also urged Bolivia to protect minors from forced pregnancies. For its part, ONU Bolivia said that forced pregnancy in a girl is “a form of torture”.
As a result of this case, a number of Catholic churches were attacked, such as the Cathedral Basilica of St Lawrence Martyr in Santa Cruz, which was targeted during Sunday Mass. Graffiti and slogans were painted on the Church of St Francis in Santa Cruz, at the St Roque parish church in the Diocese of Tarija, at the Basilica of Mary Help of Christians as well as at the Lord of the Exaltation parish church in La Paz.
In November 2021, an explosive device was set off outside the offices of the Catholic Bishops’ Conference of Bolivia (CEB) in La Paz, presumably to intimidate and silence the Catholic Church in Bolivia.
Some representatives of feminist movements were accused of leading attacks against the Catholic Church in 2021 and 2022. In November 2021, during a rally on the International Day for the Elimination of Violence Against Women, a group of women verbally and physically assaulted a group of Catholic believers who were guarding the of Mary Help of Christians parish church in La Paz.13
On International Women's Day in March 2022, feminist groups painted graffiti on the outer walls of the Basilica of Mary Help of Christians and a parish church in Cochabamba.14 The Archdiocesan Council for the Laity of La Paz called on the authorities to guarantee the rule of law.15
Despite the attacks against personnel and buildings, the Catholic Church played an important mediating role after the country plunged into major social and political crises in 2019. In June 2021, the CEB released a report17 outlining the peace-building efforts undertaken as it tried to facilitate a process of dialogue.18
In August 2021, the Archbishop of Santa Cruz called for the release of people jailed following “dubious legal proceedings”, and urged changes to the way justice is administered to reflect the recommendations made by international bodies.19 In November 2021, the Church proposed a "far-reaching social truce” during social upheavals,20 while in February 2022, it expressed concern over the lack of progress in reforming the justice system.21
Regarding cooperation between the Catholic Church and the state, an agreement was signed in February 2022 between the Municipality of Santa Cruz and the Church to the benefit of 300 schools. Under the deal, the municipality agreed to maintain the infrastructure and pay for basic services. For its part, the Church would guarantee the quality of education provided in the schools.22
By contrast, the Catholic and Evangelical Churches and the National Institute of Statistics (INE) failed to agree upon the Churches’ request in June 2022 to include a question about religion in the 2022 Census. In turning down the request, INE said “that the issue of religion is not relevant”.23
Concerning the Churches and state engagement during the COVID-19 pandemic, in September 2021, during the vaccination process, Evangelical Churches requested the government not make vaccination mandatory, not on religious grounds but in the name of freedom of choice.24 In December 2021, a COVID-19 vaccination card was implemented,25 and in January 2022 the Ministry of Labour noted that “employees who, due to conscientious objection, personal reasons, [...] or other motives, have not been vaccinated” must show proof of RT-PCR testing.26
Prospects for freedom of religion
During the period under review, many Catholic churches were attacked, in a number of cases attributed to groups intolerant of the Catholic Church’s pro-life position. Nevertheless, the Catholic Church is widely recognised as an authoritative mediator amidst the country’s political and social crises. Compared to the previous reporting period, the situation of freedom of religion has worsened and the prospects for this right are negative.
Bolivia