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Forced Labour Convention, 1930 (No. 29) - Bolivia (Plurinational State of) (RATIFICATION: 2005)

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Articles 1(1) and 2(1) of the Convention. Indirect compulsion to work. The Committee previously requested the Government to provide information on the application of section 50(b) of the Basic Act on the National Police (Act No. 734) of 1985, which provides that police courts have the power under the law to classify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, including placing them in rehabilitation centres. In this regard, the Committee recalled that persons considered as “vagrants” and “indigents” who do not disturb public order should not be subjected to penalties which might constitute indirect compulsion to work.

The Committee notes the Government’s indication that within the La Paz Autonomous Municipal Government (GAMLP) terms such as “vagrants” or “indigents” are not used; instead, reference is made to persons in a street situation. In order to classify a person in such a situation, qualitative criteria are applied which evaluate the functionality of the street for the person. The GAMLP has a municipal shelter which provides basic social and medical assistance to persons in a street situation and caters for an average of seven persons each day. The Government explains that complaints are received from the police, neighbourhood committees and subdistrict authorities regarding persons in a street situation, and these complaints are forwarded to the GAMLP official responsible for persons in a street situation with a view to evaluating the needs of the person concerned and the type of care required. The Government adds that persons in a street situation are not obliged to accept the recommendations made by the GAMLP. The Committee notes that, according to information from the Ombuds Office, this institution coordinates with the autonomous municipal governments to ensure that the human rights of persons in a street situation who receive lodging in hostels are respected (press release of 4 December 2020 from the Ombuds Office).