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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Institutional framework. The Committee previously asked the Government to provide information on the results of the implementation of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the related National Action Plan. The Committee notes the Government’s reference in its report to various training measures for public servants, and prevention and awareness-raising activities on trafficking in persons carried out in various cities in the country by the Plurinational Council against Trafficking in Persons (established by the Comprehensive Act against Trafficking in Persons (No. 263) of 2012). The Committee welcomes the preparation by the Council of annual reports on the management of the Plurinational Policy against trafficking. In this regard, it observes that the management report for 2020 referred to the low level of coordination among member institutions of the Council and others involved in this field, and also with the autonomous territorial entities. According to the 2021 management report, the level of compliance of the measures contemplated in that year in the area of prevention was 96.15 per cent, in the area of care provision it was 62.5 per cent, for prosecutions and criminal penalties it was 67.22 per cent, for international cooperation 84.37 per cent, for national cooperation 73 per cent, and for institutional management 84.09 per cent.

The Committee notes the adoption of a new Plurinational Policy against trafficking in persons, illicit trafficking of immigrants and related offences for 2021–25 (according to a press release of 30 July 2022 from the Ministry of Justice and Institutional Transparency). The policy was formulated by the Plurinational Council against Trafficking in Persons after the systematization of inputs from departmental councils, autonomous departmental and municipal governments, the Ombuds Office, the Public Prosecutor’s Office, the Bolivian police force and the judiciary. The objectives of the policy are to monitor the current situation regarding trafficking in persons and define institutional actions and responsibilities at the central, departmental and territorial levels in the context of the fight against trafficking. Moreover, it provides for the revision of the Comprehensive Act against Trafficking in Persons (No. 263), of 2012 in order to adapt it to new ways in which victims are captured for trafficking.

The Committee encourages the Government to continue its efforts to combat trafficking in persons, including through reinforcing inter-institutional coordination among the various entities involved at the central, departmental and territorial levels. It requests the Government to provide detailed information on the measures taken as part of the implementation of the Plurinational Policy against trafficking in persons, illicit trafficking of immigrants and related offences for 2021–25, including information on the results of the evaluations undertaken in this regard by the Plurinational Council against Trafficking in Persons.

(b) Effective application of the law. The Committee previously noted with concern the low number of convictions related to trafficking in persons despite the substantial number of cases brought to court, and urged the Government to intensify its efforts to ensure that the perpetrators of trafficking in persons are prosecuted and penalties are duly imposed.

The Committee notes that, in order to reinforce the capacities of the bodies responsible for the application of the legislation against trafficking in persons, the Government has provided training in relation to investigating and prosecuting the crime of trafficking. Prevention and awareness-raising workshops on social and labour standards focusing on trafficking in persons have been held, coordinated by the Ministry of Labour, Employment and Social Security in the cities of Santa Cruz, Oruro, Potosí, La Paz and Cochabamba (a total of 2,757 persons were trained between 2019 and 2022). Bilateral cooperation agreements relating to the investigation of trafficking cases have also been signed with Peru, Paraguay and Argentina.

The Committee notes that, according to the statistics supplied by the Government, between 2019 and 2021 the police recorded a total of 1,115 complaints for trafficking in persons. A total of 1,306 proceedings for trafficking in persons were initiated, of which 154 yielded convictions and 98 resulted in rulings following summary proceedings. The Committee observes that, between 2021 and the first half of 2022, the Ombuds Office received 72 complaints relating to trafficking in persons. In this regard, the Ombuds Office underlined the lack of inter-institutional coordination among the entities responsible for the prevention of trafficking in persons, and also noted the complaints against those institutions, including the police. Furthermore, a total of 33 complaints were received against the police for not activating search operations in line with the regulations in force (press release of 30 June 2022 from the Ombuds Office). The Ombuds Office emphasized that the number of complaints received by it increased by eight per cent between 2021 and 2022, the biggest increases being recorded in the departments of La Paz and Cochabamba (press release of 23 September 2022 from the Ombuds Office).

The Committee notes with concern the information on the lack of coordination among the bodies responsible for enforcement of the legislation against trafficking and the inaction on the part of some of them as well as the low number of convictions relating to trafficking in persons.

The Committee therefore once again urges the Government to take all necessary steps to reinforce the capacities of the competent bodies, including the police, the Public Prosecutor’s Office and other justice operators, in order to undertake systematic investigations to enable the perpetrators of trafficking to be prosecuted and punished. In this regard, the Committee requests the Government to continue providing information on the number of complaints recorded, investigations conducted, criminal proceedings initiated, rulings handed down and penalties imposed on the basis of Act No. 263 against trafficking in persons.

(c) Protection of victims. In its previous comments, the Committee noted that Bolivia is primarily a country of origin for trafficking in persons, especially for the purposes of labour exploitation in agriculture, the textiles industry and domestic work in neighbouring countries, and requested the Government to provide information on the number of victims who have been identified and provided with assistance.

The Committee notes the Government’s indication that the Department of Employment, through the Employment Assistance Programme II, provides support to improve the employability of persons who have been victims of trafficking. The Government reports the existence of a MERCOSUR coordination mechanism catering for women in situations of international trafficking, and a bilateral agreement with Argentina for the prevention of trafficking and for the provision of assistance and protection to victims.

The Committee observes that the Government has not supplied any information on the number of trafficking victims who have been identified or on the protection measures granted. Nor do the management reports of the Plurinational Council against Trafficking in Persons contain any information on protection measures for victims.

The Committee requests the Government to send detailed information on the measures taken in the context of bilateral and multilateral cooperation agreements with other countries to provide assistance and protection to Bolivian victims of the trafficking of persons abroad, and to facilitate their voluntary repatriation and reintegration. Furthermore, it requests the Government to provide information on the measures taken to make citizens aware of the risks of migration and their rights as migrants. The Committee once again requests the Government to provide up-to-date statistical information on the number of victims of trafficking for both labour and sexual exploitation who have been identified and assisted, indicating the type of assistance given.

2. Forced labour of indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. (a) Action programmes and labour inspection. The Committee previously noted the existence of forced labour involving indigenous Quechua and Guaraní workers, including bonded labour, in agricultural and livestock areas. It noted specific programmes implemented to combat forced labour in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, and also measures taken to reinforce labour inspection.

In response to the Committee’s request regarding the results of the programme entitled Progressive elimination of forced and similar kinds of labour by indigenous families in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, the Government indicates that in 2014 and 2015 training was provided on labour rights to over 2,500 indigenous workers and 230 employers, and the labour rights of 161 workers were restored. The Government also highlights the institutionalization of labour inspectorates in Monteagudo-Chiquisaca, Trinidad-Beni and Guayamerín; the implementation of integrated mobile labour offices; and the extension of the project to the provinces of Federico Román, Nicolás Suarez and Madre de Dios in the department of Pando. The Committee welcomes the fact that although the programme no longer has external funding, it has been institutionalized with funding from the State. During implementation of the programme in 2022, workshops to publicize social and labour standards with indigenous leaders were held, as were hearings for the restitution of rights with the presence of employers and workers. The Government also indicates that the Fundamental Rights Unit at the Ministry of Labour initiated a process for revising the forced labour mobile inspection protocol in order to adapt it to identified needs. Between 2018 and the first half of 2022, a total of 1,579 mobile inspections were carried out with departmental and regional labour authorities, including on livestock and agricultural ranches, mainly in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. The Committee requests the Government to continue sending information on the implementation of measures to prevent and eliminate forced labour involving indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, and on the results achieved. The Committee requests the Government to continue providing information on the mobile inspection of forced labour, the number of inspections carried out and the number of cases of forced labour which have been detected by labour inspectors, and on coordination with the Public Prosecutor’s Office in this regard.

(b) Strict application of criminal penalties. With regard to the application of section 291 of the Penal Code, which provides for imprisonment for the crime of subjecting a person to slavery or a similar condition, the Committee notes the Government’s indication that in 2018 a case was referred to the Public Prosecutor’s Office for a violation of section 291 of the Penal Code but that the case was dropped because of the withdrawal of the worker following the payment of outstanding labour benefits. It also notes that in 2022 the National Institute for Agrarian Reform (INRA) opened proceedings for the reversion of land in relation to the case of Guaraní families who had been subjected to bonded labour for generations and which was denounced to INRA by the Ministry of Labour in 2015. Moreover, the Committee notes with concern the Government’s indication that employers who have imposed practices akin to forced labour are referred on the basis of a decision by the workers themselves to administrative mechanisms for the restitution of rights and are not the subject of a complaint to the competent judicial authorities for the offences committed. In this regard, the Committee recalls that, in accordance with Article 25 of the Convention, the imposition of any form of forced labour must be the subject of effective and sufficient criminal penalties.

The Committee therefore urges the Government to take the necessary steps to ensure that all cases of forced labour which are identified, whether through action by the police or labour inspectorate or through complaints, are the subject of investigation and criminal proceedings, irrespective of the participation of victims, so that the perpetrators are duly prosecuted and punished. The Committee also requests the Government to take the necessary steps to: (i) increase awareness of section 291 of the Penal Code by the authorities in order to ensure the effective application thereof; and (ii) inform victims of their rights, facilitate their access to the justice system, and protect them from possible reprisals. Lastly, the Committee requests the Government to continue providing information on the application of section 291 of the Penal Code (number of complaints, judicial proceedings initiated and rulings handed down).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Persistence of forced labour and servitude practices. The Committee previously noted the measures taken by the Government to combat forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches, which affect particularly indigenous populations of Quechua and Guaraní origin. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that the specific programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region” was implemented until the end of 2015. It takes note of the adoption of the Human Rights Policy and Action Plan for 2015–20 which identifies among the existing challenges the persistence of forced labour and servitude practices of children and women, and generally provides for actions to be taken in order to eliminate such practices as well as any other form of labour exploitation in the country. Referring to its last observation on the Worst Forms of Child Labour Convention, 1999 (No. 182), where it urged the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and nut harvesting industries, the Committee notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about the situation of Guaraní women who depend on working in agriculture and livestock and do not receive compensation or remuneration, and recommended that the Government take measures to prohibit and discourage all forms of slave labour affecting them (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 34 and 35). The Committee further notes that in November 2017, the Tarija Department Police investigated a forced labour case involving 25 people from the Guaraní indigenous group, including eight minors, exploited in the sugar cane harvest. The Committee requests the Government to continue to make every effort to eradicate forced labour and servitude practices, which affect particularly the indigenous populations of Quechua and Guaraní origin, and to provide information on any concrete measures taken to combat the root causes of the vulnerability of the victims, including in the framework of the Human Rights Policy and Action Plan for 2015–20 and of the Development Plan for the Guaraní People. It also requests the Government to provide information on any assessment undertaken on the impact of the programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region”, as well as on any follow-up measures taken.

2. Strengthening of mobile labour inspection offices. The Committee previously noted the activities carried out by the Fundamental Rights Unit of the Ministry of Labour, Employment and Social Welfare (MTEPS) within the framework of the Development Plan for the Guaraní People, and particularly the strengthening of labour inspections at the regional level. It notes the Government’s indication that temporary mobile labour inspection offices were established in remote municipalities in the priority regions of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region, in order to investigate situations of forced labour and restore victims’ rights. It notes the Government’s indication, in its report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the MTEPS identified that indigenous people are more vulnerable in remote areas, more particularly in the agriculture and wood extraction sectors, and increased the number of the regional labour inspectors specialized in forced labour, operating within the Fundamental Rights Unit, who are now carrying out activities in three departmental labour offices and five regional labour offices. The Committee notes the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of comprehensive mobile inspections as well as awareness-raising activities have been carried out. It notes however that, in their 2016 reports forwarded by the Government, several regional labour inspectors specialized in forced labour highlighted the lack of available resources, such as the absence of vehicles, dissemination of training material and staff which prevent labour inspections in extensive and remote areas, including where indigenous populations of Guaraní origin are located. It notes in particular that several regional labour inspectors pointed out the lack of specific guidance and criteria to identify forced labour cases and recommended the adoption of a specific procedure within the labour inspectorate to deal with such cases. Noting that as a result of the discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application of the Minimum Age Convention, 1973 (No. 138), the Conference Committee urged the Government to make available to labour inspection increased human, material and technical resources and training, especially in the informal sector. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of labour inspectors, particularly of those specialized in forced labour, and increase the state presence in remote areas, including through mobile labour inspections, in order to ensure that labour inspections are carried out safely and effectively and in a timely manner in the areas identified as having a high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the judicial or administrative decisions taken. It also requests the Government to provide information on any specific guidance, criteria or procedure elaborated or implemented for forced labour cases in order to assist labour inspectors. The Committee further requests the Government to continue to provide information on the awareness-raising and capacity-building activities undertaken at local and regional levels on servitude and forced labour, more particularly among at-risks groups, as well as on the number of beneficiaries.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition, as well as on the manner in which the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities. The Committee notes the Government’s indication that according to data available from the INRA, in 2016, indigenous communities benefited from more than 2 million hectares. It notes that according to the 2016 reports of the regional labour inspectors specialized in forced labour, forwarded by the Government, three cases involving servitude or forced labour in the region of the Chaco zone and Santa Cruz region where the use of the land did not respect its “social-economic function” were reported to the INRA in view of land restitution. It notes however that several regional labour inspectors specialized in forced labour requested better inter-institutional coordination, in particular with the Human Rights Ombudsperson (Defensoría del Pueblo) and the INRA. Taking into consideration the persistence of forced labour and servitude practices, which affect particularly indigenous populations of Quechua and Guaraní origin, the Committee notes with concern the Government’s indication that no judicial decision was issued on forced labour or similar forms of labour exploitation. While welcoming the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of workers have had their rights restored through labour inspections and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing, the Committee emphasizes that when the envisaged sanction consists of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and recalls in this regard the dissuasive function of penal sanctions (see 2012 General Survey on the fundamental Conventions, paragraph 319). Noting that in its 2016 report, forwarded by the Government, the indigenous peoples specialist of the Fundamental Rights Unit of the MTEPS identified the lack of access to justice as one of the main causes of the persistence of forced labour and servitude practices. The Committee notes that, in its last concluding observations, the CEDAW also expressed concern about the persisting structural barriers in the “rural indigenous jurisdiction” and in the formal justice system that prevent women from gaining access to justice and obtaining redress (CEDAW/C/BOL/5-6, 28 July 2015, paragraph 10). The Committee further notes that, in its last annual report on Bolivia, the United Nations High Commissioner for Human Rights highlighted the seriousness of the structural problems facing the administration of justice, such as impunity, low public confidence in institutions of justice, lack of access to justice, long delays in the delivery of justice, lack of independence of the judiciary, and obvious incapacity to guarantee due process (A/HRC/28/3/Add.2, 16 March 2015, paragraph 41). The Committee requests the Government to provide information on any measures taken to enhance access to justice for victims of forced labour and servitude practices, including of the indigenous populations of Quechua and Guaraní origin, and to strengthen cooperation between the labour inspectorate and other institutions, such as the Public Prosecutor, the Human Rights Ombudsperson or the National Agrarian Reform Institute (INRA), so that no situation of forced labour goes unpunished. It requests the Government to provide comprehensive information on the number of investigations, prosecutions and convictions on forced labour and servitude cases dealt with by the labour inspectorate or any other competent authority as well as on the penalties imposed, including penal sanctions based on section 291 of the Penal Code. The Committee requests the Government to continue to provide information on the number and outcomes of cases involving forced labour or servitude practices reported to the INRA in view of land restitution.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, the Committee previously noted the Government’s indication that rehabilitation and support centres have been set up accordingly to cooperate with the police. It recalled that persons considered as “vagrants” and “indigents” who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work, and requested the Government to provide additional information in this regard. The Committee notes the Government’s repeated general indication that the national legislation prohibits forced labour and servitude practices. The Committee again requests the Government to provide specific information on the application of sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) in practice, indicating the criteria used to identify and classify persons as vagrants and indigents and to admit them into rehabilitation and support centres. It requests the Government to provide information on the number of persons considered as vagrants and indigents by the authorities who have been placed in such centres, as well as on the measures taken to ensure that these persons who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee requests the Government to provide a copy of any relevant text governing the rehabilitation and support centres.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Organic Law against trafficking and smuggling of persons (Act No. 263 of 31 July 2012) and the implementing regulations (Decree No. 1486 of 6 February 2013) which define the fundamental components of trafficking in persons and provide for penalties.

The Committee notes the adoption of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the National Action Plan for 2015–19. The Committee also notes the Government’s general indication, in its report, that, in the framework of the Multisectoral Plan for the integral development of the fight against trafficking and smuggling of persons for 2016–20, several actions are being implemented to prevent, control and sanction trafficking in persons, while providing support and promoting the reintegration of victims. The Committee notes that, as highlighted in the National Action Plan, Bolivia is principally a source country for trafficking for purposes of both sexual and labour exploitation within the country, mainly in the sugar cane and nut harvesting industries, domestic work, mining and begging. A significant number of Bolivians are also subjected to trafficking for labour exploitation abroad, mainly in Argentina, Brazil and Chile, in sweatshops, agriculture, textile factories and domestic work. The Committee refers, in this regard, to its last observation on the application of the Domestic Workers Convention, 2011 (No. 189), where it noted that, according to studies published by the Organization of American States (OAS), many victims of trafficking are Bolivian women who are taken to other countries as domestic workers and sometimes become victims of labour exploitation. It notes that, in September 2018, the La Paz Departmental Human Rights Ombudsperson (Defensoría del Pueblo) indicated that during the last few years the number of trafficking victims increased by 92.2 per cent, with 70 per cent of the victims being girls and young women aged from 12 to 22 years. According to its 2016 Global Report on Trafficking in Persons, the United Nations Office on Drugs and Crime (UNODC) indicated that between 2012 and 2015, 1,038 persons were prosecuted for trafficking but only 15 of them were convicted. The Committee notes that, in its last annual reports, the Public Prosecutor indicated that 701 cases of trafficking were registered in 2016 and 563 cases in 2017, but that no information is available on the number of persons convicted or judicial decisions handed down in that respect. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) of the United Nations was concerned about the high and growing number of cases of trafficking in human beings, in particular women and children in border areas, as well as of cases of internal trafficking of indigenous women for purposes of forced prostitution, in particular in areas in which major development projects are being implemented. The CEDAW recommended to undertake an assessment of the situation of trafficking in Bolivia as a baseline for measures to address trafficking and to improve the collection of data on trafficking disaggregated by sex, age and ethnicity (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 20 and 21). The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. It accordingly urges the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecutions and that in practice, sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of criminal proceedings initiated, persons convicted and penalties imposed on the basis of Act No. 263 against trafficking and smuggling of persons. The Committee also requests the Government to provide information on the concrete measures taken to effectively combat trafficking in persons, including through awareness-raising activities and enhanced access to justice, in the framework of the National Action Plan for 2015–20 and the Multisectoral Plan for 2016–20. Lastly, noting the Government’s statement that several actions are being implemented to support victims of trafficking, the Committee requests the Government to provide information on the concrete measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and remedies, as well as the number of victims who have been identified and have benefited from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Persistence of forced labour and servitude practices. The Committee previously noted the measures taken by the Government to combat forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches, which affect particularly indigenous populations of Quechua and Guaraní origin. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that the specific programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region” was implemented until the end of 2015. It takes note of the adoption of the Human Rights Policy and Action Plan for 2015–20 which identifies among the existing challenges the persistence of forced labour and servitude practices of children and women, and generally provides for actions to be taken in order to eliminate such practices as well as any other form of labour exploitation in the country. Referring to its last observation on the Worst Forms of Child Labour Convention, 1999 (No. 182), where it urged the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and nut harvesting industries, the Committee notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about the situation of Guaraní women who depend on working in agriculture and livestock and do not receive compensation or remuneration, and recommended that the Government take measures to prohibit and discourage all forms of slave labour affecting them (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 34 and 35). The Committee further notes that in November 2017, the Tarija Department Police investigated a forced labour case involving 25 people from the Guaraní indigenous group, including eight minors, exploited in the sugar cane harvest. The Committee requests the Government to continue to make every effort to eradicate forced labour and servitude practices, which affect particularly the indigenous populations of Quechua and Guaraní origin, and to provide information on any concrete measures taken to combat the root causes of the vulnerability of the victims, including in the framework of the Human Rights Policy and Action Plan for 2015–20 and of the Development Plan for the Guaraní People. It also requests the Government to provide information on any assessment undertaken on the impact of the programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region”, as well as on any follow-up measures taken.

2. Strengthening of mobile labour inspection offices. The Committee previously noted the activities carried out by the Fundamental Rights Unit of the Ministry of Labour, Employment and Social Welfare (MTEPS) within the framework of the Development Plan for the Guaraní People, and particularly the strengthening of labour inspections at the regional level. It notes the Government’s indication that temporary mobile labour inspection offices were established in remote municipalities in the priority regions of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region, in order to investigate situations of forced labour and restore victims’ rights. It notes the Government’s indication, in its report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the MTEPS identified that indigenous people are more vulnerable in remote areas, more particularly in the agriculture and wood extraction sectors, and increased the number of the regional labour inspectors specialized in forced labour, operating within the Fundamental Rights Unit, who are now carrying out activities in three departmental labour offices and five regional labour offices. The Committee notes the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of comprehensive mobile inspections as well as awareness-raising activities have been carried out. It notes however that, in their 2016 reports forwarded by the Government, several regional labour inspectors specialized in forced labour highlighted the lack of available resources, such as the absence of vehicles, dissemination of training material and staff which prevent labour inspections in extensive and remote areas, including where indigenous populations of Guaraní origin are located. It notes in particular that several regional labour inspectors pointed out the lack of specific guidance and criteria to identify forced labour cases and recommended the adoption of a specific procedure within the labour inspectorate to deal with such cases. Noting that as a result of the discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application of the Minimum Age Convention, 1973 (No. 138), the Conference Committee urged the Government to make available to labour inspection increased human, material and technical resources and training, especially in the informal sector. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of labour inspectors, particularly of those specialized in forced labour, and increase the state presence in remote areas, including through mobile labour inspections, in order to ensure that labour inspections are carried out safely and effectively and in a timely manner in the areas identified as having a high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the judicial or administrative decisions taken. It also requests the Government to provide information on any specific guidance, criteria or procedure elaborated or implemented for forced labour cases in order to assist labour inspectors. The Committee further requests the Government to continue to provide information on the awareness-raising and capacity-building activities undertaken at local and regional levels on servitude and forced labour, more particularly among at-risks groups, as well as on the number of beneficiaries.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition, as well as on the manner in which the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities. The Committee notes the Government’s indication that according to data available from the INRA, in 2016, indigenous communities benefited from more than 2 million hectares. It notes that according to the 2016 reports of the regional labour inspectors specialized in forced labour, forwarded by the Government, three cases involving servitude or forced labour in the region of the Chaco zone and Santa Cruz region where the use of the land did not respect its “social-economic function” were reported to the INRA in view of land restitution. It notes however that several regional labour inspectors specialized in forced labour requested better inter-institutional coordination, in particular with the Human Rights Ombudsperson (Defensoría del Pueblo) and the INRA. Taking into consideration the persistence of forced labour and servitude practices, which affect particularly indigenous populations of Quechua and Guaraní origin, the Committee notes with concern the Government’s indication that no judicial decision was issued on forced labour or similar forms of labour exploitation. While welcoming the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of workers have had their rights restored through labour inspections and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing, the Committee emphasizes that when the envisaged sanction consists of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and recalls in this regard the dissuasive function of penal sanctions (see 2012 General Survey on the fundamental Conventions, paragraph 319). Noting that in its 2016 report, forwarded by the Government, the indigenous peoples specialist of the Fundamental Rights Unit of the MTEPS identified the lack of access to justice as one of the main causes of the persistence of forced labour and servitude practices. The Committee notes that, in its last concluding observations, the CEDAW also expressed concern about the persisting structural barriers in the “rural indigenous jurisdiction” and in the formal justice system that prevent women from gaining access to justice and obtaining redress (CEDAW/C/BOL/5-6, 28 July 2015, paragraph 10). The Committee further notes that, in its last annual report on Bolivia, the United Nations High Commissioner for Human Rights highlighted the seriousness of the structural problems facing the administration of justice, such as impunity, low public confidence in institutions of justice, lack of access to justice, long delays in the delivery of justice, lack of independence of the judiciary, and obvious incapacity to guarantee due process (A/HRC/28/3/Add.2, 16 March 2015, paragraph 41). The Committee requests the Government to provide information on any measures taken to enhance access to justice for victims of forced labour and servitude practices, including of the indigenous populations of Quechua and Guaraní origin, and to strengthen cooperation between the labour inspectorate and other institutions, such as the Public Prosecutor, the Human Rights Ombudsperson or the National Agrarian Reform Institute (INRA), so that no situation of forced labour goes unpunished. It requests the Government to provide comprehensive information on the number of investigations, prosecutions and convictions on forced labour and servitude cases dealt with by the labour inspectorate or any other competent authority as well as on the penalties imposed, including penal sanctions based on section 291 of the Penal Code. The Committee requests the Government to continue to provide information on the number and outcomes of cases involving forced labour or servitude practices reported to the INRA in view of land restitution.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, the Committee previously noted the Government’s indication that rehabilitation and support centres have been set up accordingly to cooperate with the police. It recalled that persons considered as “vagrants” and “indigents” who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work, and requested the Government to provide additional information in this regard. The Committee notes the Government’s repeated general indication that the national legislation prohibits forced labour and servitude practices. The Committee again requests the Government to provide specific information on the application of sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) in practice, indicating the criteria used to identify and classify persons as vagrants and indigents and to admit them into rehabilitation and support centres. It requests the Government to provide information on the number of persons considered as vagrants and indigents by the authorities who have been placed in such centres, as well as on the measures taken to ensure that these persons who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee requests the Government to provide a copy of any relevant text governing the rehabilitation and support centres.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Organic Law against trafficking and smuggling of persons (Act No. 263 of 31 July 2012) and the implementing regulations (Decree No. 1486 of 6 February 2013) which define the fundamental components of trafficking in persons and provide for penalties.

The Committee notes the adoption of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the National Action Plan for 2015–19. The Committee also notes the Government’s general indication, in its report, that, in the framework of the Multisectoral Plan for the integral development of the fight against trafficking and smuggling of persons for 2016–20, several actions are being implemented to prevent, control and sanction trafficking in persons, while providing support and promoting the reintegration of victims. The Committee notes that, as highlighted in the National Action Plan, Bolivia is principally a source country for trafficking for purposes of both sexual and labour exploitation within the country, mainly in the sugar cane and nut harvesting industries, domestic work, mining and begging. A significant number of Bolivians are also subjected to trafficking for labour exploitation abroad, mainly in Argentina, Brazil and Chile, in sweatshops, agriculture, textile factories and domestic work. The Committee refers, in this regard, to its last observation on the application of the Domestic Workers Convention, 2011 (No. 189), where it noted that, according to studies published by the Organization of American States (OAS), many victims of trafficking are Bolivian women who are taken to other countries as domestic workers and sometimes become victims of labour exploitation. It notes that, in September 2018, the La Paz Departmental Human Rights Ombudsperson (Defensoría del Pueblo) indicated that during the last few years the number of trafficking victims increased by 92.2 per cent, with 70 per cent of the victims being girls and young women aged from 12 to 22 years. According to its 2016 Global Report on Trafficking in Persons, the United Nations Office on Drugs and Crime (UNODC) indicated that between 2012 and 2015, 1,038 persons were prosecuted for trafficking but only 15 of them were convicted. The Committee notes that, in its last annual reports, the Public Prosecutor indicated that 701 cases of trafficking were registered in 2016 and 563 cases in 2017, but that no information is available on the number of persons convicted or judicial decisions handed down in that respect. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) of the United Nations was concerned about the high and growing number of cases of trafficking in human beings, in particular women and children in border areas, as well as of cases of internal trafficking of indigenous women for purposes of forced prostitution, in particular in areas in which major development projects are being implemented. The CEDAW recommended to undertake an assessment of the situation of trafficking in Bolivia as a baseline for measures to address trafficking and to improve the collection of data on trafficking disaggregated by sex, age and ethnicity (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 20 and 21). The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. It accordingly urges the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecutions and that in practice, sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of criminal proceedings initiated, persons convicted and penalties imposed on the basis of Act No. 263 against trafficking and smuggling of persons. The Committee also requests the Government to provide information on the concrete measures taken to effectively combat trafficking in persons, including through awareness-raising activities and enhanced access to justice, in the framework of the National Action Plan for 2015–20 and the Multisectoral Plan for 2016–20. Lastly, noting the Government’s statement that several actions are being implemented to support victims of trafficking, the Committee requests the Government to provide information on the concrete measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and remedies, as well as the number of victims who have been identified and have benefited from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1), 2(1) and 25 of the Convention. 1. Forced labour in indigenous communities. In its previous comments, the Committee recognized the measures adopted by the Government to combat the practices of forced labour and servitude, of which certain members of the indigenous communities, particularly the Quechua and Guaraní peoples working in agriculture, are victims. It asked the Government to pursue efforts to eradicate these practices and protect victims. It noted in particular the activities carried out by the Fundamental Rights Unit of the Ministry of Labour within the framework of the Development Plan for the Guaraní People, the strengthening of labour inspection at regional level, and the land distribution process.

(a) Institutional strengthening. The Committee notes the information provided by the Government in its report concerning the increase and strengthening of staff in regional labour units, which benefit from the assistance of officials trained in forced labour, with the purpose of bringing the State closer to the most vulnerable sectors and to areas with limited state presence. A strategic objective of the project on “the progressive eradication of forced labour and other similar forms of work in indigenous families in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region (Norte Integrado de Santa Cruz)”, implemented in 2011, is the capacity building of labour inspectors relating to the question of forced labour. In 2013, the regional labour units were equipped with vehicles. The Committee encourages the Government to continue to strengthen the state presence in areas where incidents of forced labour have been identified, particularly by continuing to carry out awareness-raising and capacity-building activities among at-risk groups. The Committee also recalls the importance of measures to combat the root causes of the vulnerability of the victims, of policies aimed at ensuring greater autonomy of at-risk groups, and of combating poverty. It requests the Government to provide specific information on steps taken in this regard, particularly within the framework of the Development Plan for the Guaraní People. The Committee also requests the Government to strengthen the capacity of other actors involved in combating forced labour, such as prosecution authorities and judges.

(b) Strict enforcement of penal sanctions. In its previous comments, the Committee emphasized that the absence of complaints by victims of forced labour before the competent administrative and judicial authorities does not necessarily indicate an absence of violations but could reveal a limited access to law enforcement authorities, a lack of awareness, on the part of the victims, of their rights, or fear of reprisals. As the imposition of forced labour constitutes a crime, prosecution must be conducted “ex officio” by the police and prosecution authorities, without depending on the initiative of victims. The Committee notes in this regard that no criminal proceedings have been initiated on the basis of section 291 of the Criminal Code or any other criminal law provisions. The Government indicates that, in the various regional labour units, it has not been necessary to use section 291 of the Criminal Code, mainly owing to the awareness raising that has been carried out at different levels, among both Guaraní families and employers, which led employers to seek solutions to avoid prosecution for this crime. The Government also refers to comprehensive mobile inspections which are conducted in various communities of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region to investigate situations of forced labour and restore victims’ rights. The Committee notes the statistics provided in this regard for 2012–13, which show that an increasing number of workers have had their rights restored and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing.

The Committee welcomes the action taken by the labour inspectorate. It nevertheless emphasizes the importance of continuing to enhance its powers and its capacity to identify situations of forced labour. The Committee recalls that the effective imposition of penalties for violations of labour legislation is an essential element in combating forced labour, as it is characterized by the concourse of a number of violations of labour legislation which must be punished as such. Moreover, taken as a whole, these violations constitute the criminal offence provided for in section 291 of the Criminal Code of “reduction of a person to a condition akin to slavery”, which in itself gives rise to specific penalties. The Committee therefore requests the Government to take the necessary measures to ensure close cooperation between the labour inspectorate and the Public Prosecutor so that no situation of forced labour goes unpunished, particularly given that victims are in vulnerable situations which prevent them from directly gaining access to justice. Recalling the symbolic value of penal sanctions and their dissuasive function, the Committee hopes that the Government will be in a position to provide information on the application in practice of section 291 of the Criminal Code, which provides for prison sentences of between two and eight years for anyone reducing a person to a condition akin to slavery. Lastly, the Committee requests the Government to indicate how the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities, particularly in the framework of its duties related to land restitution, which is a process that is implemented when practices involving servitude or forced labour are reported in places where the use of the land does not respect its “social-economic function”.

2. Trafficking in persons. The Committee notes the adoption of the Organic Law against trafficking and smuggling of persons (Act No. 263 of 31 July 2012) and the implementing regulations (Decree No. 1486 of 6 February 2013). The Committee notes with interest that the Act defines the fundamental components of trafficking in persons and provides for penalties. It establishes a framework to combat trafficking through measures and mechanisms for prevention, comprehensive victim protection, international and national cooperation, and punishment. The Act also provides for the establishment of the Plurinational Council against the trafficking and smuggling of persons, which, in turn, shall develop and implement the plurinational policy against the trafficking and smuggling of persons and will be the coordinating body in this area. Noting, according to information available on the Ministry of Justice website, that the plurinational policy against trafficking was adopted in January 2014, the Committee requests the Government to provide in its next report information on this policy and on action taken to implement it. Please also specify whether criminal proceedings have been initiated based on the comprehensive Act against trafficking and smuggling of persons and, in the affirmative, to indicate the penalties imposed.

Articles 1(1) and 2(1). Indirect compulsion to work. The Committee previously referred to sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as vagrants and indigents, and to impose the appropriate administrative security measures. The Committee notes the Government’s indication that the State ensures that all detention measures fulfil their purpose and do not entail the violation of other rights, and that rehabilitation and support centres have been set up accordingly which cooperate with the police. These centres are of a different nature and provide emotional, medical, psychological and educational assistance, on a residential or mobile basis. The Committee recalls in this regard that persons considered as vagrants and indigents who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work. The Committee requests the Government to provide additional information on how persons classified as vagrants and indigents are identified, how they are admitted into these centres and to indicate whether they are compelled to work.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the adoption of the new Constitution, which has been promulgated on 7 February 2009. It observes that the new text prohibits servitude, slavery, forced labour, trafficking in persons and child labour. Referring to its previous comments, the Committee notes that the new Constitution no longer includes a provision referring to the performance of “personal services”. The Committee also notes from the explanations provided by the Government as regards article 108(5) of the new Constitution relating to the duty to work, that no texts have been adopted to regulate such obligation to work.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Assessment of the situation. The Committee previously noted the information provided by the Government concerning the existence of forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches. Such practices affect particularly indigenous populations of Quechua and Guaraní origin. The Committee notes the detailed information provided by the Government in its latest report, which confirms the existence of the problem, but also demonstrates the Government’s efforts in combating it.

The Committee notes, in particular, the information on the multiagency mission which was organized by the United Nations Permanent Forum on Indigenous Issues, in response to a request from the Government, in April–May 2009. The objective of the mission was to verify complaints regarding the practice of forced labour and servitude in Guaraní communities and to draw up proposals and recommendations to ensure that the fundamental rights of persons, communities and the indigenous peoples are respected. Having ascertained, among other things, that forced labour and servitude are imposed on Guaraní men and women in Bolivia (including through the use of violence and limitation of movement), the mission has presented recommendations that include:

• -guarantees to ensure that indigenous peoples (and in particular Guaraní people) enjoy the right to give free and informed consent;
• -institutional strengthening, ensuring the adequate presence of the State in the zones most affected by forced labour practices, including trained labour inspectors to carry out adequate and timely labour inspections;
• -regional cooperation and cross-border strategies to ensure protection of the indigenous peoples;
• -effective social dialogue initiatives aimed at reinforcing the need to eradicate forced labour and servitude; and
• -law enforcement strengthening, including training for law enforcement agents, so as to ensure that cases of abuses against Guaraní people and their defenders are treated with the appropriate priority and prosecuted without delay.

Corroborating the conclusions and recommendations of the above multiagency mission, the Committee notes the report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people – mission to Bolivia (Human Rights Council, 18 February 2009, document A/HRC/11/11), as well as the final observations for Bolivia of the Committee on the Elimination of Racial Discrimination (10 March 2011, document CERD/C/BOL/CO/17-20), which both recommend the Government to take, as a matter of priority, effective measures to suppress all forms of servitude and forced labour in the country.

2. Measures adopted by the Government. The Committee notes the detailed information provided by the Government as regards the measures it has been taking to combat forced labour practices in the country. It notes, in particular, the information on the actions taken by the Community Settlement and Land Distribution Unit, as well as on the projects which are being implemented by the Ministry of Rural Development, including a strategy to release captive Guaraní communities victims of forced labour and servitude. The Government indicates that from 2006 to 2009, 5,904 families in 152 communities have been provided with 1,117,740 hectares of land in the Departments of La Paz, Pando, Beni, Santa Cruz and Tarija. The Government also informs that, following the land distribution, it has been providing guidance and technical assistance in the communities in order to empower families and promote the sustainable use of land.

The Government further highlights the activities carried out in 2009 by the Fundamental Rights Unit of the Ministry of Labour, which include:

• -the establishment of a data base to identify the characteristics of forced labour in the Chaco zone;
• -the elaboration of a Development Plan for the Guaraní People, aimed at providing assistance to 81,635 citizens of the Guaraní community in the Chaco zone; and
• -appointment of five labour inspectors to ensure respect for the labour rights of the Guaraní people in the municipalities of Entre Ríos, Yacuiba, Caraparí, Charagua and Macharetí.

According to the Government, the Fundamental Rights Unit plans to carry out activities aimed at providing training for labour inspectors, monitoring labour inspections and raising awareness on forced labour. The Government also indicates that, following the recommendations of the United Nations Permanent Forum on Indigenous Issues, and in collaboration with indigenous peoples’ organizations, it is working in the development of short, medium and long term policies to abolish and eradicate forced labour.

The Committee acknowledges the importance of the measures which are being taken by the Government to address the vulnerability of victims through policies aimed at combating poverty and empowering the actors involved in their identification and rehabilitation. The Committee hopes that the Government will continue to make every effort to eradicate forced labour and servitude practices, and particularly to protect and assist victims. It requests the Government to provide, with its next report, information on any studies carried out to assess the forced labour situation in the country, including information on the policies developed as a result of these studies, as well as available statistics. Please also provide information on the impact of ongoing projects and on the implementation of the Development Plan for the Guaraní People. Finally, the Committee requests the Government to indicate the measures adopted to strengthen the capacity of labour inspectors in order to ensure that labour inspections are carried out timely, safely and effectively in the areas identified as being of high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the consequent judicial or administrative action taken.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application in practice of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition. The Committee notes that the Government’s report contains no information in this regard. It recalls that, by virtue of Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. The Committee considers that the absence of complaints by victims before the competent administrative and judicial authorities does not necessarily indicate the non-existence of violations, but far more frequently reveals a lack of access to the law enforcement apparatus and even a lack of awareness of their rights, or fear of reprisals. Moreover, since the imposition of forced labour constitutes a crime falling within the provisions of the Criminal Code, suppression, prosecution and sanctioning must be conducted “ex officio” by the State, without depending on the initiative of victims. The Committee therefore requests the Government to take the appropriate measures to ensure that victims are effectively in a position to turn to the police and the judicial authorities with a view to asserting their rights. Please also provide information on the number of cases of forced labour reported to the authorities, the number of cases in which an investigation has been conducted and the number of cases which have resulted in judicial action.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards section 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985), the Committee notes the Government’s indication in its report that Police Courts have the power to proceed with the qualification of vagrants and indigents, in accordance with the law, and impose the appropriate administrative security measures. The Committee therefore requests the Government once again to provide information on the type of administrative security measures that may be imposed by the Police Courts under section 50(b) of the Basic Act on the National Police, in particular as regards vagrants and indigents.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that under section 187 of the Law on Execution of Criminal Sanctions (No. 2298/ 2001) the penitentiary administration may conclude agreements with enterprises, individuals or associations to organize commercial or industrial operations. It requested the Government to provide information on any agreements concluded by virtue of section 187. The Committee notes the Government’s indication in its report that such agreements between prison institutions and enterprises have never been concluded in practice. The Committee recalls that, to be compatible with the Convention, the work of convicted persons for private entities should be performed voluntarily and in conditions approximating a free employment relationship, which necessarily requires the formal and informed consent of convicts, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security.

As regards sentences of community work, the Government indicates that, despite the possibility of imposing a penalty of work in benefit of the community by virtue of the Law on Execution of Criminal Sanctions, no enterprises or institutions have, so far, demonstrated interest for the use of this type of services. The Committee would like to recall that, while community work may be performed for private bodies, including charitable associations or institutions, the practical arrangements for such work must be closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is done is a non-profit-making organization.

The Committee requests the Government to provide, in its future reports, information on any changes as regards the work of convicts for private enterprises, as well as on the application in practice of sentences of community work.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the detailed information provided by the Government in its first report.

Articles 1 and 2, paragraph 1, of the Convention. Prohibition of forced labour practices: Servitude and the performance of free personal services. 
1. The Committee notes the following provisions of the national legislation respecting the prohibition of forced labour practices:

–      Article 5 of the National Constitution, under which “No type of servitude shall be recognized and no one shall be compelled to perform personal services without her or his full consent and due compensation. Personal services may be required only when so established by law.”

–      Sections 144 and 145 of Legislative Decree No. 3464 (Act Respecting Agrarian Reform), which abolished the system of tenant farming and any other form of the performance of personal services free of charge or in repayment of a debt.

–      The 16th final provision of Presidential Decree No. 29215 under which “No performance of personal services, free of charge or in repayment of a debt, shall be allowed in agrarian properties and the wage system shall be established under all individual or collective contracts as the inalienable form of remuneration.”

        The Committee observes that the above provisions prohibit forced labour practices. With reference to article 5 of the National Constitution, the Committee requests the Government to indicate whether there exist national laws allowing the exaction of personal services and to provide copies of them.

2. Forced labour practices. The Committee notes the information provided by the Government in its report concerning the existence of forced labour practices in the area of the Chaco Boliviano, in the departments of Santa Cruz (Alto Parapetí), Chuquisaca (Provinces of Luis Calvo and Hernando Siles) and Tarija which affect the indigenous communities of the Guaraní people, known as “captive communities”. The Committee also notes the document “Trapped in debt bondage in Bolivia” published in 2005 in the context of the ILO Special Action Programme to combat Forced Labour. This document confirms the existence of forced labour practices, under various forms of debt bondage, principally in the sugar cane and nut harvests and in agricultural and stock-breeding ranches. The victims of such practices consist mainly of indigenous populations of Quechua and Guaraní origin.

3. Measures adopted by the Government. (a) Legislative measures. The Committee notes section 157 of Presidential Decree No. 29215 (Regulations under Act No. 1715 respecting the National Agrarian Reform Service, as amended by Act No. 3545 of 28 November 2006 respecting the re-establishment of the community aspects of the agrarian reform), under the terms of which the existence of a system of servitude, forced labour, bonded labour and/or slavery of captive families or persons in rural areas is contrary to the well-being of society and the community interest and implies failure to respect economic and social functions. Under the terms of sections 28 and 29 of Act No. 3545, lands the use of which is prejudicial to the collective interest (section 28) and is at the origin of the total or partial failure to comply with economic and social functions (section 29) shall revert to the original property of the nation, without any compensation. Biministerial Resolution No. 007, of 14 November 2007, approves the guide and forms for the classification of economic and social functions in relation to the existence of forced labour.

The Committee observes the importance of measures to combat situations of extreme poverty and vulnerability of victims in processes of eliminating forced labour practices. These measures prevent victims from having forced labour imposed upon them or from reverting to servitude. In this context, the Committee notes with interest the Government’s indication in its report that “on the basis of the provisions referred to previously respecting lands, as from the month of November 2007 a process was initiated of the reversion and expropriation of lands in the Chaco zone of the Department of Chuquisaca, taking as a guiding principle the existence of servitude and forced labour affecting ranch properties which still obtain free labour from Guaraní communities”. The Committee notes that, in parallel with the expropriation measures, 30 land titles corresponding to an area of 373,813 hectares were delivered to the Assembly of the Guaraní People (APG) in January 2008. The Committee requests the Government to provide information on the results achieved and on any other measure adopted to eradicate forced labour practices that have been identified.

(b) Investigations. The Committee notes the information provided by the Government on the various ex officio investigations undertaken in 2005 by the ILO, the Ministry of Justice and the People’s Ombudsperson on captive families in the Chaco area of Chuquisaca and the investigation that is being carried out in 2008 by the ILO, the Red Cross and the Ministry of Justice on captive communities in the Alto Parapetí, Chaco Santo Cruz. It also notes that, as a result of the Memorandum of Commitment signed on 11 March 2008 at the headquarters of the Inter-American Commission on Human Rights (IACHR) between the Government of Bolivia, the Council of Guaraní Captains of Chuquisaca and civil society organizations, an IACHR delegation visited the country in June 2008 to verify compliance with the Memorandum under which the State undertook to take the necessary protection measures to ensure the integrity of all Guaraní families, their leaders and advisers, and to inform the IACHR of the progress achieved in the process of the territorial reconstitution of the Guaraní people. The Committee requests the Government to continue providing information on the investigations that are carried out to determine the existence of situations of forced labour among indigenous communities of the Bolivian Chaco and on any other investigation undertaken in sectors and regions where there is evidence of forced labour practices.

(c) Other measures. The Committee notes that Act No. 3351 on the organization of the executive authorities, of 21 February 2006, entrusts the Ministry of Labour with the mandate of coordinating and developing policies for the eradication of any form of servitude and that in this context two units have been established under the direct responsibility of the Minister of Labour. One of these is the Fundamental Rights Unit, which has special responsibility for “Indigenous peoples and the eradication of forced labour”, including the provision of specialized technical advice on the application of labour standards governing rural employment and the adoption of public policies and adequate legislation for the eradication of forced labour. The Committee requests the Government to provide information on the activities carried out by the Fundamental Rights Unit of the Ministry of Labour.

Article 25. Penalties imposed for the exaction of forced labour. In accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee notes section 291 of the Penal Code, which establishes sentences of imprisonment of from two to eight years for any person who reduces an individual to slavery or a similar condition. The Committee requests the Government to provide information on the application in practice of section 291 of the Penal Code in cases of forced labour which have been denounced, particularly in terms of the number of prosecutions that have been launched and the penalties imposed on those responsible.

Duty to work. The Committee notes article 8 of the Constitution, under which every person shall have the duty to work, in accordance with her or his capacities and possibilities, in socially useful activities. The Committee requests the Government to provide information on the provisions of the national legislation which impose the duty to work.

The Committee notes the Basic Act on the national police (Act No. 734 of 8 April 1985), section 7(l) of which includes among the functions of the national police that of “proceeding to the identification of idle persons and paupers and imposing the relevant security measures”. Furthermore, section 50(b) of the Act establishes amongst the attributions of police courts “to proceed to the identification of idle persons and paupers, in accordance with the law and to impose the relevant administrative security measures”. The Committee requests the Government to provide information on the security and administrative security measures that may be taken by the police and by police courts.

Article 2, paragraph 2(a). Compulsory military service. Work of a purely military character. The Committee requests the Government to provide the legislative texts respecting compulsory military service and observes that compulsory military service is excluded from the scope of application of the Convention only in so far as the work performed by conscripts is of a purely military character.

Article 2, paragraph 2(c). (a) Prison labour. The Committee notes the provisions of the national legislation regarding prison labour, and particularly section 182 of Act No. 2298 with respect to the execution and supervision of penalties under which “convicts may not be compelled to work without due remuneration and for no longer than eight hours a day”. The Committee further notes that, under the terms of section 154, measures relating to labour programmes shall be applied to detainees held in preventive detention “when they voluntarily consent to participate in them”.

The Committee notes the provision of section 187 of Act No. 2298, under which “the Prison and Supervision Administration may conclude agreements with enterprises, individuals or associations to organize commercial or industrial operations”. The Committee requests the Government to provide information on the agreements that have been concluded and observes that work by convicts for private enterprises is only compatible with the requirements of the Convention where the prisoner has given her or his consent and the conditions of work approximate those of a free employment relationship.

(b) Penalty of work for the benefit of the community. The Committee notes sections 200 and 201 of the Act on the execution and supervision of penalties and section 28 of the Penal Code respecting the penalty of work for the benefit of the community. Under the terms of section 28 of the Penal Code, convicts are under the obligation to “perform work in activities of public utility …” and “work shall only be performed with the consent of the convict”. Section 201 of the Act on the execution of penalties (labour programmes) provides that the Departmental Directorate of the Prison and Supervision System shall formulate each quarter an updated list of the vacancies in public or private entities participating in the programmes. The Committee requests the Government to provide a copy of the list of employers with a view to ensuring that work is performed in entities that are non-profit-making.