Do Bolivians Need Permission to Serve in Foreign Armed Forces? | ¿Los bolivianos deben pedir permiso para servir en tropas extranjeras?

By Mauricio Quiroz, El Deber:

¿Los bolivianos deben pedir permiso para servir en tropas extranjeras?

Article 83 of the Armed Forces Organic Law requires prior authorization from the Ministry of Defense. The provision raises questions about state oversight of those who joined the Russian Army, but failing to comply with it does not prove mercenary activity, nor does it rule out the possibility that some may have been victims of human trafficking in the context of the Russia–Ukraine war.

Before signing a military contract or joining the armed forces of another country, native-born Bolivians must obtain authorization from the Ministry of Defense. This requirement has been in force for more than three decades, but it had not been part of the public debate surrounding citizens who were taken to Russia to participate in the war in Ukraine.

This finding is part of a document prepared by the Laboratory for Policy Analysis, International Relations and Diplomacy (Laprid), a private organization made up of career diplomats that conducted a preliminary examination of the legal situation of Bolivians linked to Russian troops.

The basis for this argument is Article 83 of Law 1405, the Organic Law of the Armed Forces, enacted on December 30, 1992, and currently published within the Ministry of Defense’s external regulations.

“Native-born Bolivians, in order to perform military service in foreign armed forces, must first request and obtain authorization from the Ministry of National Defense, either directly or through the country’s Military Attachés, Embassies, or Consulates,” the law states.

The Law Does Not Establish an Automatic Penalty

Article 83 imposes an obligation, but it does not contain a specific criminal penalty for anyone who joins a foreign army without permission. Nor does it specify the procedure to be followed, the requirements that must be submitted, how long the authorization lasts, or under what conditions it may be denied.

Article 4 of the Bolivian Criminal Code embodies the principle of legality: no one may be convicted for conduct that was not expressly defined as a crime, nor may anyone receive a penalty that was not established by law.

Being a Foreigner and Receiving a Salary Is Not Enough

Article 47 of Additional Protocol I to the Geneva Conventions requires six conditions to be met simultaneously for a person to be classified as a mercenary. These include being specially recruited to fight, taking direct part in hostilities, acting primarily for private financial gain, not being a national or resident of a party to the conflict, and not being a member of its armed forces.

This means that being a foreigner, receiving money, or appearing in a war zone is not enough on its own. In fact, formal incorporation into the Russian Armed Forces could prevent one of the requirements of the international definition from being met, since it requires that the person not belong to the armed forces of one of the parties to the conflict.

Permission Does Not Rule Out Possible Human Trafficking

Prosecutors are focusing their investigations on determining whether individuals were recruited through false job offers, exploitation of economic vulnerability, contracts that changed upon arrival in Russia, or pressure to join military units.

The United Nations Office on Drugs and Crime states that trafficking may involve the recruitment, transportation, transfer, or receipt of persons through force, fraud, deception, coercion, or abuse of a position of vulnerability for the purpose of exploitation. When any of these means are used, the victim’s initial consent loses its legal relevance.

For that reason, investigators must reconstruct each case individually: what offer was made, who paid for the trip, what documents were signed, whether the individuals understood the language, whether they knew they would be sent to the front lines, and whether they were able to leave the service.

The existence of a signature, a payment, or a military contract does not answer those questions. A person may appear to have been formally incorporated into an army while having previously been recruited through deception or exploitation of vulnerability.

The Case Already Involves Dozens of Bolivians

The Foreign Ministry reported that it is monitoring 26 cases involving citizens linked to the Russian Armed Forces. According to figures presented by Foreign Minister Fernando Aramayo, 20 still hold active military contracts, four have been injured, one has died, and another has been repatriated. The government had not yet confirmed the whereabouts of 19 of the reported Bolivians.

Meanwhile, the Public Prosecutor’s Office has opened four investigations in Santa Cruz, Tarija, and Beni into alleged human trafficking for the purpose of recruitment into armed conflicts. The preliminary universe includes 31 possible victims, although prosecutors clarified that this figure must be verified through testimony, documents, migration records, and other evidence.

In addition, the Independent International Commission of Inquiry on Ukraine continues to examine human rights violations, breaches of international humanitarian law, and war-related crimes. Its mandate was renewed on March 31, 2026, but so far there has been no specific international conclusion regarding the situation of Bolivians incorporated into Russian forces.

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