Bolivia's NGO Registry Threatens Human Rights

Regulatory Framework

Bolivia’s government published two decrees in early August that impose new registration requirements on non-governmental organizations. The first decree mandates that NGOs register with the Vice-Ministry of Public Investment and External Financing before undertaking any project that involves technical or financial cooperation, regardless of the funding source. The second decree requires a three-year renewal of certification and an annual update of information.

Under the new rules, the Vice-Ministry will assess whether an NGO’s objectives align with the country’s development plans. If the ministry determines that an organization’s goals are unaligned, it can order unspecified corrective measures. The decrees do not specify the nature of these measures, leaving room for broad interpretation.

Bolivian officials have framed the registry as part of a broader modernization effort. They have cited the Financial Action Task Force’s (GAFI) anti-money laundering standards as justification, arguing that the new system will improve transparency and prevent illicit financing. However, the scope of the decree extends far beyond reasonable transparency measures.

International Obligations

Bolivia is a party to the International Covenant on Civil and Political Rights and the American Convention on Human Rights. Both instruments require the state to respect the rights to freedom of association and expression. Any restrictions on these rights must be clearly defined, necessary, and proportionate to achieve a legitimate objective, such as protecting the rights of others.

The UN Special Rapporteur on Freedom of Peaceful Assembly and Association has stated that associations should, in general, be free to determine their status. The Rapporteur has also warned that suspension or dissolution of an association should only be possible in exceptional cases, when there is a clear and present danger and less restrictive measures would not be sufficient.

Impact on Human Rights Work

The new registry poses a significant threat to the work of human rights defenders in Bolivia. By tying the ability to carry out projects to a bureaucratic approval process, the decrees risk stifling civil society’s capacity to monitor government actions, advocate for vulnerable groups, and hold public officials accountable.

The registry’s broad criteria for “corrective measures” could be used to silence NGOs that criticize the government or expose abuses. The lack of clear guidelines on what constitutes an unaligned objective leaves NGOs vulnerable to arbitrary action.

For more on the impact of these decrees, see the stats page. The registry’s effect on civil society can be tracked on the fixtures page, while the list of affected NGOs is available on the squad page.

Recommendations

The Bolivian government should overturn the decrees or, at minimum, ensure that their implementing regulations allow NGOs to operate without undue restrictions. The regulations, which have yet to be approved, must provide clear, proportionate, and narrowly tailored procedures that respect the rights to freedom of association and expression.

NGOs have a crucial role to play in any rights-respecting democracy. The decrees threaten to undermine that role, and international standards call for their removal or significant revision.