GENEVA (18 April 2018) – In two decisions issued today, the UN Human Rights Committee found that Bolivia violated the human rights of two former members of the Bolivian parliament by disqualifying them as candidates for the positions of mayors of their respective cities in the 2015 subnational elections.
The Human Rights Committee found that the political rights of former MPs Rebeca Elvira Delgado Burgoa and Eduardo Humberto Maldonado Iporre were violated after examining the individual complaints they had filed under the Optional Protocol to the International Covenant on Civil and Political Rights.
The full decisions are available here:
Ms. Delgado and Mr. Maldonado were disqualified based on Circular 71/2014, issued by the Supreme Electoral Court of Bolivia. This circular established that national parliamentarians (deputies and senators) of the 2010-2015 term may not stand as candidates for various municipal and regional government positions, including that of mayor.
The disqualification of the former parliamentarians constituted a “restriction of their political rights, which was not based on reasonable and objective criteria that were clearly established by law, in violation of article 25 of the International Covenant on Civil and Political Rights,” the Committee concluded.
Bolivia must provide Ms. Delgado Burgoa and Mr. Maldonado Iporre an adequate compensation, including the costs of legal representation at the national and international levels, the Committee further found, noting that “the State is also under an obligation to take appropriate steps to prevent similar violations in the future, including by ensuring that legal framework governing the election process and its implementation are consistent with article 25 of the Covenant.”
The Human Rights Committee is composed of 18 independent experts who are mandated to monitor the implementation of and compliance with the International Covenant on Civil and Political Rights. The experts may also examine complaints or communications from individuals who claim that their rights under the Covenant have been violated by States that are parties to the Optional Protocol to the Covenant. The Committee can only examine the merits of a complaint if it fulfils admissibility requirements established by the Optional Protocol.
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