MOTION FOR A RESOLUTION on Bolivia and the arrest of former President Jeanine Añez and other officials

B9‑0249/2021

European Parliament resolution on Bolivia and the arrest of former President  Jeanine Añez and other officials

(2021/2646(RSP))

The European Parliament,

- having regard to the is previous resolutions and in particular the one of 28 November 2019 on the situation in Bolivia,

- having regard to the Declaration by the High Representative on behalf of the European Union of 23 October 2020 on the general elections in Bolivia, and the Statement by his Spokesperson on the latest developments in Bolivia of 14 March 2021,

- having regard to the Statement attributable to the Spokesperson for the United Nations Secretary General on Bolivia of 13th March 2021,

- having regard to the Statements from the Organisation of American States (OAS) General Secretariat of 15 and 17 March  2021 on the situation in Bolivia,

- having regard to the press release by the Inter-American Commission on Human Rights (IACHR) of 16 March  2021 on the respect of Inter-American standards for due process and access to justice in Bolivia,

- having regard to the International Covenant on Civil and Political Rights,

– having regard to Rule 144 of its Rules of Procedure,

A. whereas Evo Morales ran in 2019 elections in Bolivia for the fourth term, despite the constitution’s explicit limit of two presidential terms, after Supreme Court issued a surprising verdict allowing him to do so by labelling the constitutional term limits a “violation of Morale’s human rights”;

B. whereas Morales managed to secure a victory in the first round after some turmoil during the votes counting; whereas this caused wide spread protests and subsequent clashes across the country, which led to dozens of protesters being killed by the security forces;

C. whereas Morales finally stepped down, faced with withdrawal of the support by the military; whereas an audit by the Organisation of American States (OAS) found intentional manipulations and serious irregularities, and called for new and transparent elections;

D. whereas after Morales’ removal and resignation by several other members of Congress, Jeanine Añez was the next in line to the presidency; whereas the Supreme Court and Congress confirmed her ascent in the line of succession and the legitimacy of her presidency; whereas assuming the presidency temporarily, she vowed to hold elections promptly;

E. whereas new democratic, inclusive, transparent and fair elections, took place in October 2020; whereas Luis Arce, the MAS candidate, won the presidential elections by a wide margin and was recognised immediately by President Añez as well as by the international community, including the European Union;

F. whereas on 13 March 2021 Jeanine Áñez and two of her ministers, former Energy Minister Rodrigo Guzman, and former Justice Minister Alvaro Coimbra were arbitrarily detained on charges of terrorism, sedition, conspiracy, and taking part in a coup in 2019; whereas their arbitrary detention has been extended to six months and former President Añez now faces 24 years in prison if convicted; whereas an arrest warrant is pending for three other former ministers;

G. whereas a vaguely formulated decree approved in February 2021 by the Plurinational Assembly, where MAS has a majority, provides a blanket amnesty and pardon for people prosecuted during the Áñez administration for crimes related to the political crisis that started in October 2019; at the same time,  more threats of judicial persecution of politicians opposed to the government were made;

J. whereas the newly elected President Luis Arce promised that during his government there would be no political pressure on prosecutors and judges; whereas he has created a commission of experts to draft reform proposals for an independent justice system, however the developments remain unclear, while several international organisations have expressed their concern about the abuse of judicial mechanisms in Bolivia as a tool of repression against opposition forces;

1. Denounces the arbitrary and unjust detention of former President Añez and two of her Ministers; calls on the Bolivian government for their immediate release, to drop the politically motivated charges and ensure an independent and transparent inquiry into the allegations;

2. Calls on the HR/VP for a firm and quick response in defence of former President Añez and other arbitrarily detained persons;

3. Expresses its concern over lack of independence and impartiality of the Bolivian judicial system; underlines the importance of upholding due process, transparent and free from political pressure; in this regard, urges the Bolivian government to implement, without any delay, necessary systemic reforms and personal changes;

4. Stresses the need to bring all those responsible for the 2019 crisis to justice in fair, free and transparent trials; stresses that the victims deserve justice and perpetrators should be held accountable without any amnesties or pardons based on their political opinion;

5. Recalls that respect for the independence of the judiciary, political pluralism, and freedom of assembly and expression for all Bolivians are fundamental rights and essential pillars of democracy and the rule of law;

6. Condemns the offensive of the Sao Paulo Forum and the Puebla Group against fundamental freedoms in Bolivia, and the reactivation of the airport in Chapare, a coca production area, after the victory of Luis Arce under the influence of Evo Morales; is deeply worried by the collaboration with the Venezuelan regime and other protagonists of drug trafficking such as the FARC and the ELN from Colombia;

7. Calls on the HR/VP and EU Member States to adopt firm measures – including sanctions if necessary – to put an end to current undemocratic and repressive policies of the MAS party allowing them to persecute political opposition and institutionalize systemic fraud in electoral processes;

8. Calls upon the Organization of American States and the United Nations High Commissioner for Human Rights to do everything in their power to assist in finding a solution to the current crisis;

9. Calls upon the EU and the Member States to join the initiative to investigate the crimes against humanity committed by the 14 year long government of Evo Morales and hold all those found responsible of committing crimes punishable under international law, accountable;

10. Calls upon the Union to render financial assistance to the Plurinational State of Bolivia conditional upon the completion of all conditions listed above, including the release of former President Añez; is of the opinion, that sanctions and restrictive measures on Evo Morales, Luis Arce and other public figures from within and associated with their regime should be considered if they continue to make decisions undermining democracy and the rule of law in Bolivia;

13. Fully supports the EU and the Member States, within their competences, actively promoting and defending human rights and freedom in Bolivia;

14. Instructs its President to forward this resolution to the Council, the Commission, the Government of Bolivia, the OAS, the IACHR, the Andean Parliament and the EUROLAT Assembly.