Worst Forms of Child Labour Convention, 1999 (No. 182) - Bolivia (Plurinational State of) (Ratification: 2003)

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

Previous comment

Articles 3(a), 6, 7(1) and 8 of the Convention. Worst forms of child labour, plan of action, penalties and international cooperation. Sale and trafficking of children. The Committee notes the Government’s indication in its report that it has adopted: (1) the “Protocol for Victims of Trafficking in Persons and Smuggling, Related Offences and Intervention Roadmap”, approved by Resolution No. 237/2020 of 27 November 2020; and (2) the Plurinational Policy against Trafficking in Persons, the Smuggling of Migrants and Related Offences 2021–25. The Government adds that, in application of Framework Act No. 263 on the sale and trafficking of persons and its regulating Decree No. 1486, the National Department for the Fight against Human Trafficking and Smuggling (DGTTP) was created, with the objective of: (1) taking actions of prevention, protection and reintegration, in the fight against trafficking in persons; (2) improving the investigation of these crimes; and (3) promoting inter-institutional cooperation. The Government states that the DGTTP organized, in 2019, 19 preventive operations and interventions at the national level and trainings for 3,250 persons. In 2020, a training plan and programme on the fight against trafficking in persons was approved and, in that year, 29 repatriations and 18 preventive operations and interventions were carried out. With regard to the 2015 agreement between the Plurinational State of Bolivia and Argentina on the prevention and investigation of the crime of trafficking in persons and on assistance and protection for victims, the Government indicates that a Roadmap is being elaborated and approved through the Plurinational Council Against Trafficking in Persons and Smuggling. According to the Government, in the framework of this bilateral agreement, 42 victims of trafficking of Bolivian nationality were rescued between 2018 and 2019. The Committee further notes with interest the Law No. 1425 of 13 April 2022, ratifying the agreement between the Plurinational State of Bolivia and the Republic of Paraguay to strengthen the fight against trafficking in persons and related crimes.

The Committee notes the updated statistics provided by the Government on the number of complaints of trafficking, pornography and commercial sexual exploitation, but notes that, once again, the Government does not specify the number of cases involving victims under the age of 18 years. The Government merely indicates that, out of all the complaints received between 2015 and 2021, 5.9 per cent concerned children aged 0 to 10 years, and 46.9 per cent concerned children aged 11 to 20 years. Despite the promulgation of acts, protocols and a national policy on combating human trafficking and smuggling, the Committee notes, from the concluding observations of the United Nations Committee on the Rights of the Child (CRC), that concerns remain over the high and growing number of cases of trafficking of children and the sexual exploitation of children in prostitution, including in mining regions (CRC/C/BOL/CO/5-6, 6 March 2023, paragraphs 25 and 46). The Committee requests the Government to continue to provide information on the measures taken or envisaged to put an end to the sale and trafficking of children. The Committee also requests the Government to provide information on the results achieved within the framework of: (i) the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16); (ii) the Multi-sectoral Plan to Combat Trafficking and People Smuggling; (iii) the activities of the DGTTP; (iv) the above-mentioned Protocol and Plurinational Policy; and (v) the agreements with Argentina and Paraguay. Finally, the Committee requests the Government to provide statistics on: (i) the number and nature of the violations reported, ensuring that the information provided relates to children under 18 years of age; and (ii) investigations, prosecutions and convictions related to these violations.

Articles 5 and 6. Monitoring mechanisms, plan of action and application in practice. In its previous comment, the Committee noted the Government’s intent to use studies on the situation of children working in domestic service, mines, on their own account, in sugar cane fields and those engaged in hazardous types of work to formulate a Plan of Action, which would be coordinated by municipal authorities and government departments. The Committee notes, from the data provided by the Government, that in 2019 there were 83,000 children engaged in hazardous work, a reduction from the 202,000 children who were engaged in such work in 2016. The Government further indicates that, when a violation of the law regarding child labour has been established, the Ministry of Labour, Employment and Social Welfare (MTEPS) requests the Ombudsperson for Children and Adolescents of the concerned self-governing municipalities to define the infractions and, when necessary, to initiate legal proceedings. The Committee notes the Government’s general indication that it is committed to monitor these instances, but that no concrete information is provided on the number of violations detected, their nature or their scope. The Committee once again requests the Government to provide updated statistics on the results of routine and unscheduled inspections, including inspections carried out by inspectors specialized in child labour. It also requests the Government to ensure that these statistics clearly indicate the nature, scope and trends of the worst forms of child labour, particularly in the sugar cane and Brazil nut harvest, and in the mining sector. Noting the absence of information provided in this respect, the Committee also once again requests the Government to provide information on the progress achieved inadopting a plan of action, coordinated by municipal authorities and government departments, to eliminate the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication that after the COVID-19 pandemic, which heavily affected school attendance, Ministerial Resolution No. 001/2021 was adopted, to “Bring back the right to education”, with the result of bringing the drop-out rates from 20 per cent in 2020 (due to the COVID-19 pandemic) to 2.1 per cent in 2022 (they were at 2.6 per cent in 2019).The Committee notes from the 2022 Country Programme Document of UNICEF that, in 2021, the net enrolment rates increased to 95.8 per cent for primary education (from 88.48 per cent in 2015), and to 79.1 per cent for secondary education (from 77.58 per cent in 2015). However, around 61,000 children and adolescents dropped out of school in 2021, and approximately 340,000 school-aged children and adolescents were out-of-school in 2021 (E/ICEF/2023/P/L.2, 12 December 2022, paragraph 8). The Committee also notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR), that the secondary education completion rate remains a challenge, particularly for students from rural areas indigenous and Afro-Bolivian backgrounds or other disadvantaged and marginalized groups (E/C.12/BOL/CO/3, 5 November 2021, paragraph 58). Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the operation of the education system and to increase the rate of school attendance in primary and lower secondary education, including within the framework of the Ministerial Resolution No. 001/2021. It requests the Government to continue providing information on: (i) any measures taken or envisaged to increase school attendance and completion rates particularly in the lower secondary level; and (ii) the results achieved in this respect, including updated statistics on the attendance and drop-out rates in primary and secondary school.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children in street situations. With reference to the protocol for the prevention and support for street children and young persons, the Committee notes that the Government once again provides information on the objectives of the protocol rather than on the concrete measures taken in practice to identify and reach out to children in street situations, or the results achieved. The Committee therefore once again requests the Government to provide detailed information on the implementation of the protocol and the specific results achieved in protecting children in street situations from the worst forms of child labour.

Indigenous children. Once again, the Committee notes with deep regret that the Government’s report does not reply to its previous comments. It notes, from the concluding observations of the CRC: (1) the education gap affecting indigenous children living in rural areas and children with no access to the Internet or technology; and (2) the numerous reports of exploitation of children, including in dangerous situations, in particular, among Guarani children in the Chaco region (CRC/C/BOL/CO/5-6, paragraphs 40 and 44). The Committee once again reminds the Government that indigenous children are often victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour. It once again requests the Government to provide information on the measures adopted to prevent these children from becoming involved in situations of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.

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

Previous comment

Articles 3(a), 7(1) and 7(2)(a) and (b) of the Convention. Debt bondage and forced and compulsory labour, penalties and effective and time-bound measures. Preventing children from being engaged in the worst forms of child labour and providing direct assistance for their removal and for their rehabilitation and social integration. Sugar cane and Brazil nut harvesting industries. In its previous comments, the Committee noted the prevalence and conditions of exploitation of children working in hazardous conditions in sugar cane and nut harvesting plantations. The Committee takes note of the Government’s indication, in its report, that in the ten years since the implementation of the programme on Eradication of Child Labour in the department of Santa Cruz, led by the Government and in cooperation with UNICEF and private and public institutions, 5,000 children were removed from work in the sugar cane industry. The Government adds that 90 per cent of children who come from sugar cane harvesting families have stopped engaging in daily work in harvesting, while 10 per cent of children, generally adolescents, continue to engage in such activities. The Committee notes the Government’s indication that the labour inspectorate undertook 225 inspections of child labour in 2021, and 252 inspections up until July 2022. The Government states that the concrete impact of these inspections, whether regular or unscheduled, can be seen from the continuing reduction of child labour in the sugar cane and nut harvesting plantations. While taking due note of the information provided by the Government, the Committee notes once again with regret the absence of information on the number of violations identified from these inspections or the penalties imposed. The Committee strongly urges the Government to ensure that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industries, under conditions of debt bondage or forced labour, are prosecuted and that sufficiently effective and dissuasive sanctions are applied. It requests the Government to provide information on the number and nature of violations detected and the penalties applied. The Committee also strongly encourages the Government to continue to take effective and time-bound measures to: (i) prevent children from becoming victims of debt bondage or forced labour in the sugar cane and Brazil nut harvesting industries, and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration; and (ii) provide information on the measures taken to this end and the results achieved.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures for prevention, assistance and removal. Children working in mines. The Committee noted previously that over 3,800 children work in the tin, zinc, silver and gold mines in the country, and that the Government also referred to the establishment by the Ministry of Labour of Integrated Mobile Offices (Oficinas Móviles Integrales) in remote areas where the presence of the worst forms of child labour is suspected, including in mining areas. Noting that the Government is silent on this point, the Committee again requests the Government to indicate the effectiveness of the action undertaken by the Integrated Mobile Offices in preventing children from being engaged in hazardous work in mines, their removal from such work and their rehabilitation.

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 3(a), 7(1) and 8 of the Convention. Worst forms of child labour, sanctions applied and international cooperation. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Framework Act No. 263 on the sale and trafficking of persons of 6 February 2012. It noted that, under section 27 of the Act, the Government will cooperate with other institutions to design and implement protocols at the national and international levels for the early detection of trafficking, with particular attention being given to children. Furthermore, under the terms of section 28(4), special attention will be given to child victims with a view to their social reintegration. The Committee noted that section 34 amended several provisions of the Penal Code, making the penalties more severe for cases of trafficking involving children.

The Committee notes the Government’s indication in its report that it has adopted the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), formulated under the auspices of the Inter-ministerial Council to Combat the Sale and Trafficking of Persons, which establishes specific measures for the coordination and implementation of an inter-institutional network of support and reintegration for victims. The Government indicates that the Plan includes two distinct policies: (i) promoting among the population attitudes and behaviour to prevent the crime of trafficking and smuggling; and (ii) protecting the rights of victims and vulnerable persons. The Government also refers to the Multi-sectoral Plan to Combat Trafficking and People Smuggling, within the framework of the Economic and Social Development Plan (PEDES), which includes action on prevention, supervision and punishment of perpetrators. The Committee notes the statistics provided by the Government on the number of complaints of trafficking, pornography and commercial sexual exploitation, but notes that the Government does not specify the number of cases involving victims under the age of 18 years. It also notes with interest the Act of 28 March 2016 ratifying the agreement between the Plurinational State of Bolivia and Argentina on the prevention and investigation of the crime of trafficking in persons and on assistance and protection for victims. It notes that this agreement is intended to reinforce coordinated and cooperative action to prevent and combat trafficking in persons, including children. The Committee requests the Government to provide information on the results achieved within the framework of the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), the PEDES and the agreement with Argentina. It also requests the Government to provide statistics on the number and nature of the violations reported involving children under 18 years of age, and on investigations, prosecutions and convictions related to these violations.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Juancito Pinto programme for the distribution of school vouchers intended to cover the costs of schooling for children enrolled in primary education, but observed that the programme only covers children in primary school, in this respect, the Government provided limited information and confined itself to indicating that 2,545 Bolivian nationals benefited from the Juancito Pinto programme between 2006 and 2013, and that the overall school drop-out rate fell from 6.5 per cent in 2005 to 1.51 per cent in 2013. However, the Committee noted the Avelino Siñani-Elizardo Pérez Act No. 070 of 20 December 2010 and the Strategic Institutional Plan (PEI) to ensure that children have access to universal education, including initial and vocational education and the transition from primary to secondary school.

The Committee notes the Government’s indication that the Juancito Pinto programme has resulted in a decrease in school failure and that the drop-out rate was 2.2 per cent in 2016 for primary school and 4.9 per cent for secondary school. The Committee also notes the statistics provided by UNESCO according to which the net school enrolment rate in primary school fell from 90.11 per cent in 2013 to 88.48 per cent in 2015, and rose slightly for secondary school from 75.73 per cent in 2013 to 77.58 per cent in 2015. Noting the persistence of the gap between the school attendance rates in primary and secondary school, the Committee requests the Government to renew its efforts to improve the operation of the education system and to increase the rate of school attendance in primary and secondary education, including within the framework of the Juancito Pinto programme and the PEI. It requests the Government to continue providing information on the results achieved in this respect, including updated statistics on the attendance and drop-out rates in primary and secondary school.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted previously that the revised list of hazardous types of work under section 136 of the Code for Children and Young Persons of 17 July 2014 includes the work of street children and it requested the Government to indicate the manner in which the Code protects street children from the worst forms of child labour.

The Committee notes the Government’s indication that the transitional provisions of the Code for Children and Young Persons require autonomous departments and municipal authorities to implement prevention and support programmes for street children and young persons for the restitution of their fundamental rights. In this context, the Government indicates that, with the support of UNICEF and the coordination of the National Promotion Committee, a protocol has been developed for the prevention and support for street children and young persons. This protocol, intended for all public officials and employees of private institutions who are participating in prevention and support measures for street children, establishes a basic structure for the assistance and prevention network. The Committee welcomes the adoption of the protocol and requests the Government to provide information on its implementation and the specific results achieved in protecting street children from the worst forms of child labour.

2. Indigenous children. In its previous comments, the Committee noted the statistical information concerning the measures taken to restore the social and labour rights of Guarani children. However, it noted that these statistics did not include information on the programmes and legislative measures taken to assist Guarani children. The Committee noted that the Plan of Action 2013–17 with UNICEF had the objective of providing specific attention to the children of indigenous peoples, including through the development of strategic policies, education and vocational programmes in indigenous languages and collaboration with indigenous groups and children.

The Committee notes with regret that the Government’s report does not reply to these earlier comments. The Committee once again reminds the Government that the children of indigenous peoples are often victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour, including in cooperation with UNICEF. It once again requests the Government to provide information on the measures adopted to prevent these children from becoming involved in situations of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) received on 1 September 2017.

Articles 3(a) and 7(2)(a) and (b) of the Convention. Debt bondage and forced and compulsory labour in the sugar cane and Brazil nut harvesting industries, and effective and time-bound measures. Preventing children from being engaged in the worst forms of child labour and providing direct assistance for their removal from child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the prevalence and conditions of exploitation of children working in hazardous conditions in sugar cane and nut harvesting plantations. The Committee also noted the Government’s corporate incentives programme “Triple Sello”, under which the provision of certain benefits is conditional on the enterprise demonstrating that it does not practice any form of child labour, including in work related to the harvesting of nuts. The Committee noted that, based on the Plan of Action 2013–17 with UNICEF, a programme had been established in 17 Bolivian nut and sugar cane producing municipalities to provide education assistance to children, and that 3,400 children had been reintegrated into basic education.

The Committee notes the Government’s indication in its report that no cases of child labour have been identified in the sugar cane production sector. With regard to the nut production sector, the Government indicates that a tripartite agreement has been signed with the representatives of employers and their workers in the sector, including a clause prohibiting child labour. According to the Government, during the harvest period, labour inspectors undertake inspections to assess the conditions of work, and also keep a special record of cases of children working in the sector. The Government adds that these inspectors are empowered to impose penalties when they detect violations of labour rules. However, the Committee notes that the Government does not indicate the number of violations identified or the penalties imposed. It also notes with regret the absence of information on the effective and time-bound measures taken to prevent children becoming victims of debt bondage or forced labour. The Committee once again urges 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 Brazil nut harvesting industries, and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee once again requests the Government to explain the manner in which it ensures that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industries, under conditions of debt bondage or forced labour, are prosecuted and that effective and dissuasive sanctions are applied. The Committee requests the Government to indicate how the tripartite agreement signed in the nut production sector will concretely impact on child labour, and to provide a copy of the agreement.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work. Children working in mines. Effective and time-bound measures for prevention, assistance and removal. The Committee noted previously that over 3,800 children work in the tin, zinc, silver and gold mines in the country. It also noted the awareness-raising and educational measures and the economic alternatives offered to the families of children working in mines. The Committee noted that, according to the Government’s statistical data, only 8 per cent of the inspections carried out in mines found children under the age of 12 years working there. However, the Committee also noted that around 2,000 children were identified in 2013 in labour activities in traditional artisanal mines in the municipalities of Potosí and Oruro. The Committee further noted that 145 young persons below 18 years of age were found working in mines in Cerro Rico in June and July 2014. Finally, the Committee noted the Government’s indication that it intended to formulate a national policy for the eradication of child labour within the next two years.

The Committee notes the joint observations of the IOE and the CEPB that it is necessary for the Government to adopt a national plan for the eradication of child labour after consulting the social partners.

The Committee notes that, according to the Government, the Ministry of Labour has taken action directed at employers in the mining sector to discourage them from using child labour. The Government also refers to the establishment by the Ministry of Labour of Integrated Mobile Offices (Oficinas Móviles Integrales) in remote areas where the presence of the worst forms of child labour is suspected, including in mining areas. However, the Committee notes with regret that the national policy for the eradication of child labour has not yet been adopted. The Committee therefore requests the Government to take the necessary measures for the adoption in the very near future of the national policy for the eradication of child labour and to provide information on this subject. It also requests the Government to indicate the effectiveness of the action undertaken by Integrated Mobile Offices in preventing children from being engaged in hazardous work in mines, their removal from such work and their rehabilitation.

Article 5. Monitoring mechanisms and application in practice. The Committee previously noted the lack of resources of labour inspectors and the difficulties encountered in gaining access to plantations in the Chaco region. It also noted that the most recent information provided by the Government merely repeated the statistics provided previously indicating that only 5 per cent of the inspections carried out had identified children under 14 years of age engaged in work.

The Committee notes that, according to the Government, the labour inspectorate has six inspectors specialized in the progressive elimination of child labour. It adds that inspectors supervise labour standards relating to all fundamental rights. The Government adds that in remote areas where there are no Ministry of Labour offices, it has established Integrated Mobile Offices composed of labour inspectors with competence for the exhaustive supervision of the application of labour standards. The Committee notes that 265 inspections relating to child labour were carried out in 2015, all of which were undertaken by the Mobile Offices. The Committee also notes the Government’s indication in its report on the application of the Minimum Age Convention, 1973 (No. 138), that studies and analysis have been carried out of the situation of children working in domestic service, mines, on their own account, in sugar cane fields and those engaged in hazardous types of work, but it notes that the Government has not provided the findings of these studies. The Government indicates that the analyses in the studies are helping in the formulation of a plan of action which will be coordinated by municipal authorities and government departments. The Committee requests the Government to continue providing updated statistics on the results of routine and unscheduled inspections, including inspections carried out by inspectors specialized in child labour. It also requests the Government to ensure that these statistics clearly indicate the nature, scope and trends of the worst forms of child labour, particularly in the sugar cane and Brazil nut harvest, and in the mining sector. Finally, the Committee requests the Government to provide information on the adoption of the plan of action referred to above.

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 2017, published 107th ILC session (2018)

Articles 3(a), 7(1) and 8 of the Convention. Worst forms of child labour, sanctions applied and international cooperation. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Framework Act No. 263 on the sale and trafficking of persons of 6 February 2012. It noted that, under section 27 of the Act, the Government will cooperate with other institutions to design and implement protocols at the national and international levels for the early detection of trafficking, with particular attention being given to children. Furthermore, under the terms of section 28(4), special attention will be given to child victims with a view to their social reintegration. The Committee noted that section 34 amended several provisions of the Penal Code, making the penalties more severe for cases of trafficking involving children.

The Committee notes the Government’s indication in its report that it has adopted the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), formulated under the auspices of the Inter-ministerial Council to Combat the Sale and Trafficking of Persons, which establishes specific measures for the coordination and implementation of an inter-institutional network of support and reintegration for victims. The Government indicates that the Plan includes two distinct policies: (i) promoting among the population attitudes and behaviour to prevent the crime of trafficking and smuggling; and (ii) protecting the rights of victims and vulnerable persons. The Government also refers to the Multi-sectoral Plan to Combat Trafficking and People Smuggling, within the framework of the Economic and Social Development Plan (PEDES), which includes action on prevention, supervision and punishment of perpetrators. The Committee notes the statistics provided by the Government on the number of complaints of trafficking, pornography and commercial sexual exploitation, but notes that the Government does not specify the number of cases involving victims under the age of 18 years. It also notes with interest the Act of 28 March 2016 ratifying the agreement between the Plurinational State of Bolivia and Argentina on the prevention and investigation of the crime of trafficking in persons and on assistance and protection for victims. It notes that this agreement is intended to reinforce coordinated and cooperative action to prevent and combat trafficking in persons, including children. The Committee requests the Government to provide information on the results achieved within the framework of the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), the PEDES and the agreement with Argentina. It also requests the Government to provide statistics on the number and nature of the violations reported involving children under 18 years of age, and on investigations, prosecutions and convictions related to these violations.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Juancito Pinto programme for the distribution of school vouchers intended to cover the costs of schooling for children enrolled in primary education, but observed that the programme only covers children in primary school, in this respect, the Government provided limited information and confined itself to indicating that 2,545 Bolivian nationals benefited from the Juancito Pinto programme between 2006 and 2013, and that the overall school drop-out rate fell from 6.5 per cent in 2005 to 1.51 per cent in 2013. However, the Committee noted the Avelino Siñani-Elizardo Pérez Act No. 070 of 20 December 2010 and the Strategic Institutional Plan (PEI) to ensure that children have access to universal education, including initial and vocational education and the transition from primary to secondary school.

The Committee notes the Government’s indication that the Juancito Pinto programme has resulted in a decrease in school failure and that the drop-out rate was 2.2 per cent in 2016 for primary school and 4.9 per cent for secondary school. The Committee also notes the statistics provided by UNESCO according to which the net school enrolment rate in primary school fell from 90.11 per cent in 2013 to 88.48 per cent in 2015, and rose slightly for secondary school from 75.73 per cent in 2013 to 77.58 per cent in 2015. Noting the persistence of the gap between the school attendance rates in primary and secondary school, the Committee requests the Government to renew its efforts to improve the operation of the education system and to increase the rate of school attendance in primary and secondary education, including within the framework of the Juancito Pinto programme and the PEI. It requests the Government to continue providing information on the results achieved in this respect, including updated statistics on the attendance and drop-out rates in primary and secondary school.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted previously that the revised list of hazardous types of work under section 136 of the Code for Children and Young Persons of 17 July 2014 includes the work of street children and it requested the Government to indicate the manner in which the Code protects street children from the worst forms of child labour.

The Committee notes the Government’s indication that the transitional provisions of the Code for Children and Young Persons require autonomous departments and municipal authorities to implement prevention and support programmes for street children and young persons for the restitution of their fundamental rights. In this context, the Government indicates that, with the support of UNICEF and the coordination of the National Promotion Committee, a protocol has been developed for the prevention and support for street children and young persons. This protocol, intended for all public officials and employees of private institutions who are participating in prevention and support measures for street children, establishes a basic structure for the assistance and prevention network. The Committee welcomes the adoption of the protocol and requests the Government to provide information on its implementation and the specific results achieved in protecting street children from the worst forms of child labour.

2. Indigenous children. In its previous comments, the Committee noted the statistical information concerning the measures taken to restore the social and labour rights of Guarani children. However, it noted that these statistics did not include information on the programmes and legislative measures taken to assist Guarani children. The Committee noted that the Plan of Action 2013–17 with UNICEF had the objective of providing specific attention to the children of indigenous peoples, including through the development of strategic policies, education and vocational programmes in indigenous languages and collaboration with indigenous groups and children.

The Committee notes with regret that the Government’s report does not reply to these earlier comments. The Committee once again reminds the Government that the children of indigenous peoples are often victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour, including in cooperation with UNICEF. It once again requests the Government to provide information on the measures adopted to prevent these children from becoming involved in situations of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) received on 1 September 2017.

Articles 3(a) and 7(2)(a) and (b) of the Convention. Debt bondage and forced and compulsory labour in the sugar cane and Brazil nut harvesting industries, and effective and time-bound measures. Preventing children from being engaged in the worst forms of child labour and providing direct assistance for their removal from child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the prevalence and conditions of exploitation of children working in hazardous conditions in sugar cane and nut harvesting plantations. The Committee also noted the Government’s corporate incentives programme “Triple Sello”, under which the provision of certain benefits is conditional on the enterprise demonstrating that it does not practice any form of child labour, including in work related to the harvesting of nuts. The Committee noted that, based on the Plan of Action 2013–17 with UNICEF, a programme had been established in 17 Bolivian nut and sugar cane producing municipalities to provide education assistance to children, and that 3,400 children had been reintegrated into basic education.

The Committee notes the Government’s indication in its report that no cases of child labour have been identified in the sugar cane production sector. With regard to the nut production sector, the Government indicates that a tripartite agreement has been signed with the representatives of employers and their workers in the sector, including a clause prohibiting child labour. According to the Government, during the harvest period, labour inspectors undertake inspections to assess the conditions of work, and also keep a special record of cases of children working in the sector. The Government adds that these inspectors are empowered to impose penalties when they detect violations of labour rules. However, the Committee notes that the Government does not indicate the number of violations identified or the penalties imposed. It also notes with regret the absence of information on the effective and time-bound measures taken to prevent children becoming victims of debt bondage or forced labour. The Committee once again urges 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 Brazil nut harvesting industries, and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee once again requests the Government to explain the manner in which it ensures that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industries, under conditions of debt bondage or forced labour, are prosecuted and that effective and dissuasive sanctions are applied. The Committee requests the Government to indicate how the tripartite agreement signed in the nut production sector will concretely impact on child labour, and to provide a copy of the agreement.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work. Children working in mines. Effective and time-bound measures for prevention, assistance and removal. The Committee noted previously that over 3,800 children work in the tin, zinc, silver and gold mines in the country. It also noted the awareness-raising and educational measures and the economic alternatives offered to the families of children working in mines. The Committee noted that, according to the Government’s statistical data, only 8 per cent of the inspections carried out in mines found children under the age of 12 years working there. However, the Committee also noted that around 2,000 children were identified in 2013 in labour activities in traditional artisanal mines in the municipalities of Potosí and Oruro. The Committee further noted that 145 young persons below 18 years of age were found working in mines in Cerro Rico in June and July 2014. Finally, the Committee noted the Government’s indication that it intended to formulate a national policy for the eradication of child labour within the next two years.

The Committee notes the joint observations of the IOE and the CEPB that it is necessary for the Government to adopt a national plan for the eradication of child labour after consulting the social partners.

The Committee notes that, according to the Government, the Ministry of Labour has taken action directed at employers in the mining sector to discourage them from using child labour. The Government also refers to the establishment by the Ministry of Labour of Integrated Mobile Offices (Oficinas Móviles Integrales) in remote areas where the presence of the worst forms of child labour is suspected, including in mining areas. However, the Committee notes with regret that the national policy for the eradication of child labour has not yet been adopted. The Committee therefore requests the Government to take the necessary measures for the adoption in the very near future of the national policy for the eradication of child labour and to provide information on this subject. It also requests the Government to indicate the effectiveness of the action undertaken by Integrated Mobile Offices in preventing children from being engaged in hazardous work in mines, their removal from such work and their rehabilitation.

Article 5. Monitoring mechanisms and application in practice. The Committee previously noted the lack of resources of labour inspectors and the difficulties encountered in gaining access to plantations in the Chaco region. It also noted that the most recent information provided by the Government merely repeated the statistics provided previously indicating that only 5 per cent of the inspections carried out had identified children under 14 years of age engaged in work.

The Committee notes that, according to the Government, the labour inspectorate has six inspectors specialized in the progressive elimination of child labour. It adds that inspectors supervise labour standards relating to all fundamental rights. The Government adds that in remote areas where there are no Ministry of Labour offices, it has established Integrated Mobile Offices composed of labour inspectors with competence for the exhaustive supervision of the application of labour standards. The Committee notes that 265 inspections relating to child labour were carried out in 2015, all of which were undertaken by the Mobile Offices. The Committee also notes the Government’s indication in its report on the application of the Minimum Age Convention, 1973 (No. 138), that studies and analysis have been carried out of the situation of children working in domestic service, mines, on their own account, in sugar cane fields and those engaged in hazardous types of work, but it notes that the Government has not provided the findings of these studies. The Government indicates that the analyses in the studies are helping in the formulation of a plan of action which will be coordinated by municipal authorities and government departments. The Committee requests the Government to continue providing updated statistics on the results of routine and unscheduled inspections, including inspections carried out by inspectors specialized in child labour. It also requests the Government to ensure that these statistics clearly indicate the nature, scope and trends of the worst forms of child labour, particularly in the sugar cane and Brazil nut harvest, and in the mining sector. Finally, the Committee requests the Government to provide information on the adoption of the plan of action referred to above.

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 3(a) and 7(1) of the Convention. Worst forms of child labour and the sanctions applied. Sale and trafficking of children. Further to its previous comment, the Committee notes with interest the adoption of Act No. 263, the Integral Law on the Sale and Trafficking of Persons, on 6 February 2012. The Committee notes, in this respect, that under section 27 of the Act, the Government will cooperate with other institutions to design and implement protocols on a national and international level for the early detection of trafficking, with special attention given to children. Further, under section 28(4), special attention will be given to child victims in order to reintegrate them into society. Section 30 specifically provides enhanced protections for child victims and witnesses, including during the judicial process, and section 34 modifies several provisions of the Penal Code to enhance the penalties for trafficking crimes that involve children. Finally, the Committee notes the Government’s information concerning its national plan of action against the sale and trafficking of persons, elaborated in 2012 under the Inter-Ministerial Council against Sale and Trafficking of Persons, which includes a criminal policy and a governmental vision concerning sale and trafficking. The Committee welcomes the Government’s programmatic and legislative measures. It requests the Government to provide information on the effect given in practice to the Integral Law on the Sale and Trafficking of Persons, as well as to the increased sanctions in the Penal Code, including statistics on the number and nature of the offences reported and the investigations conducted, prosecutions and convictions in this respect.

Article 5. Monitoring mechanisms and practical application. The Committee recalls its previous comment, which noted the lack of resources concerning labour inspectors in the country and the difficulties that were encountered in gaining access to plantations in the Chaco region. The Committee also noted the child labour survey carried out by the National Statistical Institute (INS) in collaboration with the ILO–IPEC Statistical Information and Monitoring Programme on Child Labour (SIMPOC) during the last quarter of 2008, the results of which indicated hazardous types of work but failed to identify other forms of child labour, including its worst forms. Finally, the Committee noted the Government’s information that only 5 per cent of the 90 technical inspections carried out in 2009 in the sugar cane and nut harvest plantations and in mines showed working children under 14 years of age.

The Committee notes with regret that the Government’s latest information merely repeats its previous statistical information citing the 5 per cent of inspections involving children under 14 years of age. The Committee also notes that the Government has not supplied, as requested, any information concerning regular or unscheduled inspections in sugar cane and Brazil nut harvesting plantations or in mines, nor has it provided any statistical information that was collected from these child labour inspections concerning the nature, extent or trends of the worst forms of child labour. The Committee draws the Government’s attention to its comments adopted in 2012 under the Labour Inspection Convention, 1947 (No. 81) concerning the lack of resources provided to the labour inspectorate, and urges the Government to intensify its efforts in this respect. It further requests the Government to supply updated statistical information concerning the results of its regular and unscheduled inspections, including the nature, extent and trends of the worst forms of child labour, particularly in the sugar cane and nut harvesting plantations, as well as in mines.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee recalls its previous comment, which expressed concern at the low secondary school enrolment and attendance rates. The Committee noted the Government’s programme for the distribution of school vouchers Juancito Pinto which aims to cover the costs of schooling for children enrolled in primary education, but observed that it only covers children in primary education.

The Committee notes that the Government’s report provides limited information in this respect, and merely indicates that 2,545 Bolivians benefited from the Juancito Pinto programme between 2006 and 2013, and that overall academic drop-outs decreased from 6.5 per cent in 2005 to 1.51 per cent in 2013. The Committee nevertheless understands that the Ministry of Education has contributed to the implementation of Act No. 070 “Avelino Siñani-Elizardo Pérez” of 20 December 2010 and the development of an Institutional Strategic Plan (PEI) to ensure that children have access to universal education, including initial, vocational and transition to secondary education.

The Committee notes the 2012 statistical information provided by UNICEF, according to which the net enrolment rate in primary school was 91.2 per cent for boys and 91.5 per cent for girls, but decreased to 69.6 per cent for boys and 70.5 per cent for girls in secondary school. The Committee further recalls the recommendations contained in the 2013–17 Plan of Action with UNICEF that the country needed to improve the quality of and access to education in order to increase the rate of attendance in secondary schools, particularly in rural zones. Noting the discrepancy between school attendance in primary and secondary school, the Committee strongly encourages the Government to continue to strengthen its efforts to improve the functioning of the education system and to increase the school attendance rate at the secondary level, including within the framework of the 2013–17 Plan of Action with UNICEF and the PEI. The Committee requests the Government to provide information on the results achieved in this respect, including up-to-date statistical information on school attendance and drop-out rates at the secondary level.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. Further to its previous comment, the Committee notes the Government’s indication that the revised list of hazardous work under section 136 of the Children’s and Adolescent’s Code of 17 July 2014 encompasses the work of street children in the country. The Committee observes that this list highlights the priority given to the worst forms of child labour in: (i) sugar cane plantations in the departments of Santa Cruz and Tarija; (ii) nut harvesting plantations in the departments of Beni and Pando; (iii) mines in the department of Potosí; (iv) ranches; and (v) borders. Noting the absence of express provisions in this respect, the Committee requests the Government to explain the manner in which the provisions of the Children’s and Adolescent’s Code of 17 July 2014 protect street children from the worst forms of child labour.

2. Indigenous children. In its previous comment, the Committee noted the Government’s indication that a National Plan of Action for the Elimination of Forced Labour was going to be adopted which would take account of Guarani families in a situation of debt bondage and include special measures for the children of these families.

The Committee takes into account the statistical information concerning the actions taken to restore the socio-labour rights of Guarani children, which indicates that the number of Guarani workers who benefited economically from the restitution of their labour rights in the agrarian sector increased from two workers in 2010 to 75 workers in 2014. However, the Committee notes that the Government’s statistical information does not provide information concerning programmatic or legislative measures taken to assist Guarani children. In addition, it observes with regret that the Government’s report supplies no information concerning the development of the national plan to which it previously referred, nor to any other effective and time-bound measures that would identify and reach out to indigenous children. Nevertheless, the Committee understands that the 2013–17 Plan of Action with UNICEF aims to provide special attention to indigenous children, including the development of strategic policies, education and professional programmes in indigenous languages, and collaboration with indigenous groups and children. The Committee again reminds the Government that the children of indigenous peoples are often the victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour, including in cooperation with UNICEF. It again requests the Government to provide information on the measures adopted, including the development of the National Plan of Action for the Elimination of Forced Labour, to prevent these children from being in a situation of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.

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

Articles 3(a) and 7(2)(a) and (b) of the Convention. Effective and time-bound measures. Preventing children from being engaged in the worst forms of child labour and providing assistance for their removal from such labour and for their rehabilitation and social integration. Debt bondage and forced and compulsory labour in sugar cane and Brazil nut harvesting. In its previous comments, the Committee noted the prevalence and conditions of exploitation of children working in hazardous conditions in the sugar cane and nut harvesting plantations.

The Committee notes with regret that the Government’s report contains no new information concerning measures taken or envisaged – either national or time-bound – that are targeted to eliminate the worst forms of child labour in the sugar cane and Brazil nut harvesting plantations. Nevertheless, the Committee notes that the Government has implemented a project concerning children’s human rights in sugar cane and nut harvesting plantations and mining, which aims to, among others, implement measures to remove children from working in these hazardous conditions. According to the report on the advancement of the project, 5,000 families had been mobilized from sugar cane plantations between May and November 2013, including 2,900 children under 13 years of age, and 2,500 children had been identified in the nut harvest plantations. The Committee also notes the Government’s corporate incentives programme “Triple Sello” which preconditions certain benefits on the company’s demonstration that it does not practise any form of child labour, including in work related to nut harvesting. The Committee also notes, based on the 2013–17 Plan of Action with UNICEF, that a programme was put in place in 17 Bolivian chestnut and sugar cane-producing municipalities to provide education assistance to children, and that 3,400 children were reinstated into basic education. Finally, the Committee notes the Government’s statistical information, which cites the number of investigations undertaken in the sugar cane plantations but provides no information concerning the number of infractions or penalties administered in that respect. Noting the absence of concrete information on this point, the Committee again urges the Government to take the necessary measures, including effective time-bound measures in the context of the projects mentioned above, to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and Brazil nut harvesting industry and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee further requests the Government to explain how it ensures that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industry in conditions of debt bondage or forced labour are prosecuted and that effective and dissuasive sanctions are applied to them.

Articles 3(d) and 7(2)(a) and (b). Hazardous work. Children working in mines. Effective and time-bound measures for prevention, assistance and removal. The Committee previously noted that over 3,800 children work in the tin, zinc, silver and gold mines in the country, and that although section 134 of the Children’s and Adolescents’ Code contains a detailed list of the types of hazardous work prohibited for young people, including work carried out by children in mines, there was no information on the application in practice of the national legislation. It had further noted the awareness-raising and educational measures and the economic alternatives offered to the families of children working in mines.

The Committee notes the Government’s statistical information, which indicates that only 8 per cent of the 62 inspections in mines involved working children under the age of 12 years. The Committee also notes, however, that according to the report on the advancement of the project concerning children’s human rights in sugar cane and nut harvesting plantations and mining, approximately 2,000 children were identified in labour activities in traditional artisan mines in the municipalities of Potosí and Oruro in 2013. The Committee further notes the statistical information provided by the Ombudsman (Defensoría del Pueblo), according to which 145 young persons were found working in mining activities in Cerro Rico in June and July 2014. Noting the Government’s indication that it intends to elaborate a national policy to eradicate child labour within the next two years, the Committee requests the Government to continue its efforts to develop this policy, as well as to take effective and time-bound measures to prevent, remove and rehabilitate children undertaking hazardous work in mines.

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

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

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and the sanctions applied. Sale and trafficking of children. The Committee previously requested the Government to provide information on the effect given in practice to the provisions of the national legislation that apply to the sale and trafficking of children.

The Committee notes that the Government’s report does not provide information on this matter. The Committee notes that, according to the information contained in a report on trafficking in Bolivia of 14 June 2010 (the report on trafficking of 2010), available on the website of the United Nations High Commissioner for Refugees, Bolivian girls from rural areas are the victims of trafficking to urban centres for prostitution. A significant number of children are also victims of trafficking for forced labour in mines, agriculture and domestic work. According to this report, the Bolivian police initiated 64 prosecutions and obtained seven convictions in 2008 for trafficking. In 2009, the number of investigations conducted concerning trafficking in persons increased by 16 per cent in relation to the previous year, leading to a total of 288 investigations. However, only 21 cases gave rise to prosecutions, with only seven convictions being obtained. Furthermore, three of the seven persons convicted of trafficking were given suspended sentences. The four other offenders were convicted to sentences of imprisonment of from three to 12 months. The Committee also notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 16 October 2009 on the Government’s fourth periodic report (CRC/C/BOL/CO/4, paragraph 79), expressed concern at the fact that the Plurinational State of Bolivia continues to be a source and destination country for victims of trafficking and at the high number of children registered by the police as disappeared persons. The Committee urges the Government to take the necessary steps as a matter of urgency to ensure that in-depth investigations and effective prosecutions of persons engaging in the sale and trafficking of persons under 18 years of age are conducted and that sufficiently effective and dissuasive sanctions are applied in practice. It once again requests the Government to provide information in its next report on the effect given in practice to the provisions of the national legislation that apply to sale and trafficking, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions and convictions.

Article 4(1). Determination of hazardous types of work. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare has prepared a draft Presidential Decree determining the list of hazardous types of work and that this draft text is currently under examination by the Political and Economic Review Unit. The Committee expresses the firm hope that the draft Decree determining the list of hazardous types of work will be adopted in the very near future and requests the Government to provide a copy once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the net primary school enrolment rate is relatively good and that the country stands a good chance of attaining the objective of universal primary education by 2015. It nevertheless expressed concern at the low secondary school enrolment and attendance rates.

The Committee takes due note of the Government’s indication that a programme for the distribution of school vouchers Juancito Pinto was launched in 2006 to cover the costs of schooling for children enrolled in primary education. According to the Government, around 1.7 million children have benefited from the programme since 2006. The Committee, however, observes that, according to the statistics of the UNESCO Institute for Statistics, 91 per cent of girls and boys were enrolled in primary school in 2008, compared with only 69 per cent of girls and boys in secondary education. The Committee also observes that there has been a slight decrease since the beginning of the 2000s in the numbers attending primary and secondary school.

The Committee also notes that, according to the 2010 UNESCO Education for All Global Monitoring Report, entitled “Reaching the marginalized”, there are significant disparities in relation to access to education. The report indicates that the average duration of schooling for a Bolivian child is nine-and-a-half years, with the figure being 11 years for the wealthiest children in the country and less than six years for the poorest, while an indigenous girl of Aymara, Guarani or Quechua origin only stays at school for an average of five-and-a-half years. Furthermore, the average length of the schooling for 30 per cent of girls in rural areas from the poorest quintile of the population does not exceed four years on average, although that situation only concerns 4 per cent of all the boys in the country and 8 per cent of Bolivian girls. The Committee notes that, in its concluding observations of 16 October 2009 (CRC/C/BOL/CO/4, paragraph 67), the United Nations Committee on the Rights of the Child, while welcoming the Juancito Pinto programme, expressed concern at the fact that not all children, particularly indigenous children, attend primary school, and that some primary school fees continue to be charged despite the constitutional guarantee of free education. The Committee on the Rights of the Child also expressed concern at the low transition rate from primary to secondary school.

While taking due note of the efforts made by the Government to combat school drop-outs, the Committee observes that the school attendance rate for secondary school remains relatively low and that the Juancito Pinto programme only covers children in primary education. It also observes that the children of indigenous peoples, and particularly girls, have much less chance of gaining access to and remaining in education. The Committee, therefore, encourages the Government to intensify its efforts to improve the operation of the country’s education system. In this respect, it requests the Government to take the necessary measures to increase the school attendance rate, particularly in secondary school, and to decrease disparities in access to education, by affording particular attention to the children of indigenous peoples, and particularly girls, as well as children from the poorest families. It also requests the Government to continue providing information in its next report on the impact of the “Juancito Pinto” programme.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Sale and trafficking of children. The Committee previously noted that the Committee on the Elimination of All Forms of Discrimination against Women, in its concluding observations of April 2008, expressed continuing concern at the absence of appropriate measures to combat the sale and trafficking of women and children at the national and regional levels (CEDAW/C/BOL/CO/4, paragraph 26). The Committee noted in this respect that a national plan was being formulated for the comprehensive protection of children, which will take into account the sale and trafficking of children for economic and sexual exploitation. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to provide information in its next report on the action programmes implemented within the framework of the national plan for the comprehensive protection of children with a view to removing children from sale and trafficking. It also requests it to provide a copy of the national plan.

Clause (d). Identifying children at special risk. Child HIV/AIDS orphans and other vulnerable children (OVC). The Committee notes that, in its concluding observations of 16 October 2009 (CRC/C/BOL/CO/4, paragraph 63), the United Nations Committee on the Rights of the Child expressed concern at the fact that HIV/AIDS is becoming a prevalent problem in the country. The Committee requests the Government to provide information on the specific time bound measures adopted to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

Street children. The Committee notes that, in its concluding observations of 16 October 2009 (CRC/C/BOL/CO/4, paragraph 75), the United Nations Committee on the Rights of the Child expressed concern at the high number of children in street situations who are particularly exposed to sexual exploitation. The Committee requests the Government to provide information on the measures adopted or envisaged to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration.

Article 8. International cooperation and assistance. Regional cooperation. In its previous comments, the Committee noted that the Ministry of Foreign Affairs of the Plurinational State of Bolivia and the Government of Chile had organized a workshop on the worst forms of child labour with the objective of strengthening regional cooperation between the two countries and preparing a mutual assistance strategy for the protection of child victims of sale and trafficking.

The Committee notes the information contained in a report on the worst forms of child labour of 15 December 2010 available on the website of the United Nations High Commissioner for Refugees, according to which the Governments of Bolivia and Chile have signed a bilateral agreement to combat the worst forms of child labour, with particular reference to the trafficking of children in cross border regions. It also notes that the Plurinational State of Bolivia is participating in the ILO–IPEC project entitled “Combating the worst forms of child labour through horizontal cooperation in Latin America” (the ILO–IPEC project to combat child labour through horizontal cooperation). According to the technical progress report of September 2010 on the project, the Governments of the Plurinational State of Bolivia, Brazil, Ecuador and Paraguay participated in a meeting in August 2010 with a view to exchanging experience on conditional cash transfer programmes and the elimination of child labour. Finally, the Committee notes that, according to the report on trafficking of 2010, the Bolivian Government is envisaging the establishment of six units specializing in combating trafficking in the border areas with Brazil, Argentina and Peru, in collaboration with the Governments of those countries. The Committee requests the Government to provide information on the measures adopted in the context of the bilateral agreement with Chile, as well as on the other joint action undertaken or envisaged with other neighbouring countries to combat trafficking of children, particularly in the context of the ILO–IPEC project to combat child labour through horizontal cooperation.

Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that the National Plan for Economic and Social Development adopted in 2007 has the objective of halving the poverty level in relation to the year 1990. The Committee notes that, according to UNDP statistics, the Human Development Index (HDI) of the Plurinational State of Bolivia has increased slightly since 2008, but nevertheless remains well below that of the Latin American and Caribbean region. In this respect, the Committee notes that, in its concluding observations of 16 October 2009 on the Government’s fourth periodic report (CRC/C/BOL/CO/4, paragraph 61), the United Nations Committee on the Rights of the Child observed with concerned that 70 per cent of Bolivian children live in poverty, and 45 per cent in extreme poverty. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee encourages the Government to intensify its efforts to combat child poverty. In this respect, it once again requests the Government to provide detailed information in its next report on the impact of the National Plan for Economic and Social Development.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Debt bondage and forced or compulsory labour. Child labour in sugar cane and Brazil nut harvesting. In its previous comments, the Committee noted a communication from the International Trade Union Confederation (ITUC) indicating that over 10,000 children work with their parents in the sugar harvest in the country. The tasks performed by children vary: boys work with the men in cutting sugar cane, and girls and young children work with the women in gathering, stripping and bundling the cane. They work very long hours, suffer from respiratory ailments and sustain injuries through the use of machetes. The ITUC added that, in the case of the Brazil nut harvest, children start at the age of 7 helping their parents in plantations, assisting with picking and processing the fruit. The work they do is hazardous because they use machetes to crack the nuts and extract the kernels, and they have to walk for hours to find the fruit-bearing trees and work begins in the middle of the night. According to the ITUC, child labour in the sugar industry and in the nut harvest is a practice similar to slavery because the children have no alternative but to work with their parents. They therefore have joint liability with their parents for the debt and are compelled to work to help their parents repay it. The Committee also noted the study entitled Enganche y Servidumbre por Deudas en Bolivia (Entrapment and debt bondage in Bolivia), published by the Office in January 2005, which reports that tens of thousands of indigenous agricultural workers are in a situation of debt bondage in the country, certain of whom are subject to permanent or semi-permanent forced labour in the Chaco region, as well as in the areas of Santa Cruz and Tarija (sugar harvesting) and the northern Amazon (Brazil nut harvesting).

The Committee notes the information contained in the Government’s report that, following an assessment of the situation carried out in 2007 by the NGO Cedla at the request of the Ministry of Labour, Employment and Social Welfare, with the support of UNICEF, on the situation of children and their families working in the sugar cane and Brazil nut harvest in the departments of Beni and Pando (frontier regions with Brazil), it was found that, of the 16,957 workers identified in total, 4,671 were under 18 years of age and worked under conditions of exploitation. The Committee, however, notes that the Government’s report does not provide information on the number of investigations conducted and prosecutions initiated following this assessment.

The Committee also notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 16 October 2009 on the Government’s fourth periodic report (CRC/C/BOL/CO/4, paragraph 73), expressed particular concern at the situation of the Guarani children living in conditions of servitude, who are victims of forced labour and abuses in the Chaco region. The Committee once again urges the Government to take the necessary measures to ensure that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industry in conditions of debt bondage or forced labour are prosecuted and that effective and dissuasive sanctions are applied to them. It once again requests the Government to provide information in its next report on the effect given in practice to the provisions of the national legislation respecting these worst forms of child labour, including statistics on the number and nature of the offences reported, the investigations undertaken, prosecutions, convictions and penal sanctions applied.

Article 3(d). Hazardous work. Children working in mines. The Committee previously noted ITUC’s indications that over 3,800 children work in the tin, zinc, silver and gold mines in the departments of Ururo, Potosí and La Paz. Children who work in the rivers of gold mines are engaged in extracting and washing gold deposits. However, the rivers are contaminated with mercury, sulphur and other chemicals used in mining. Furthermore, because of their small size, children aged 8 to 12 years are sent into certain narrow parts of the mine where an adult would not be able to pass. Children also work on extracting ore and preparing and exploding dynamite. Sometimes, in mines where there are no wagons to shift heavy ore, the children have to carry it on their shoulders to the ore processing area. In the first step of processing, the children have to handle a tool – a very heavy stone that can weigh up to 60 kilos, which they balance with the help of a metal plank on smaller stones. In the second phase, they have to recover the remaining ore, which is mixed with chemicals, and are in danger of suffering burns and inhaling toxic gases. The Committee notes that section 134 of the Code on Children and Adolescents contains a detailed list of the types of hazardous work prohibited for young people, some of which are related to the work carried out by children in mines, including the transport of heavy loads, the handling or inhaling of toxic substances and the handling of dangerous tools or explosives. It requested the Government to provide information on the application in practice of the national legislation.

The Committee observes that the Government’s report does not provide information in this regard. It notes that the CRC, in its concluding observations of 16 October 2009 on the Government’s fourth periodic report (CRC/C/BOL/CO/4, paragraph 73), expressed particular concern at the situation of children engaged in hazardous work in mining. The Committee urges the Government to take the necessary measures in law and practice to protect children under 18 years of age from hazardous work in mining. In that respect, it requests it to take the necessary steps to ensure that in-depth investigations and effective prosecutions are carried out against persons who employ children under 18 years of age in hazardous work in mines and that sufficiently effective and dissuasive sanctions are applied to them. It once again requests the Government to provide information in its next report on the effect given in practice to the provisions of the national legislation.

Article 5. Monitoring mechanisms. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare now has four labour inspectors specialized in child labour. These inspectors are located in the departments of Santa Cruz, Tarija, Potosí and Beni. According to the Government, 90 technical inspections were carried out in 2009 in the sugar cane industry in Santa Cruz and Bermejo, in the Brazil nut harvest in Riberalta and in the mining sector in Potosí. These inspections showed that the use of children under 14 years of age for work was only found in 5 per cent of cases. The Committee, nevertheless, notes that, according to the information contained in a report on the worst forms of child labour of 15 December 2010, available on the website of the United Nations High Commissioner for Refugees, labour inspectors carry out inspections in response to complaints, but not surprise inspections, due to the lack of resources. Moreover, inspectors encounter difficulties in gaining access to plantations in the Chaco region. The Committee therefore requests the Government to intensify its efforts to strengthen the capacities of the labour inspection services and to ensure that regular inspections, including unscheduled inspections, are carried out with a view to improving the surveillance of child labour, particularly in sugar cane and Brazil nut harvesting, as well as in the mining sector. It requests the Government to continue providing information on the results achieved through these inspections.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and providing assistance for their removal from such labour and for their rehabilitation and social integration. 1. Debt bondage and forced and compulsory labour. Child labour in the sugar cane and Brazil nut harvesting industry. In its previous comments, the Committee noted that an education strategy had been put into effect by the Ministry of Labour and the Fundación Hombres Nuevos, in collaboration with UNICEF, in ten municipalities in the sugar cane area of Santa Cruz. Over 3,000 girls and boys and their families, and 60 teachers from education units, were to benefit from the strategy. The Committee requested the Government to provide information on the results achieved.

The Committee notes that the Government’s report does not provide information on this matter. However, it notes the indication that the Government is envisaging the formulation of a new five-year plan based on the results of the final evaluation of the National Plan for the Gradual Elimination of Child Labour (2000–10) (PNEPTI (2000–10)) and the Three-Year Plan for the Progressive Elimination of Child Labour (2006–08) (Three-Year Plan (2006–08)). The Committee strongly encourages the Government to strengthen its efforts and requests it to take effective time-bound measures in the context of the five-year plan to prevent children becoming victims of debt bondage or forced labour in the sugar cane and Brazil nut harvesting industry and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government to provide detailed information in its next report on the measures adopted in this respect and the results achieved.

2. Child labour in mines. The Committee previously noted the awareness raising and educational measures and the economic alternatives offered to the families of children working in mines. It noted with interest that 20 per cent of the children who participated in the vocational training programme stopped working in mines and that the remaining 80 per cent reduced their hours of work. Finally, it noted that the Three-Year Plan (2006–08) and the PNEPTI (2000–10) had both set the objective of the elimination of child labour in mining.

The Committee notes the information contained in the Government’s report that the Inter-Institutional Commission for the Elimination of Child Labour (CIEPTI), in collaboration with the NGO Care, has been implementing, since May 2009 a project entitled Oportunidades Educacionales para adolescentes en Distritos Mineros del Cerro Rico de Potosí (Educational opportunities for young persons in the mining areas of the Cerro Rico de Potosí). The primary objective of the project is to prevent young persons working in mines through the provision of vocational training programmes. It also notes that awareness-raising and educational measures have continued in two mining districts, Llallagua and Potosí, with the participation of 167 students in 2009. Finally, the Committee notes that the Government envisages the adoption of a new five-year plan as a follow up to the PNEPTI (2000–10) and the Three-Year Plan (2006–08). The Committee strongly encourages the Government to pursue its efforts and requests it to provide information on the measures adopted or envisaged in the context of the five-year plan to: (a) prevent children under 18 years of age from being engaged in hazardous types of work in mines; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. It also requests the Government to provide information on the results achieved in terms of the number of children and young persons benefiting from these measures.

Clause (d). Identifying and reaching out to children at special risk. Indigenous children. In its previous comments, the Committee noted that in the large estates of the Chaco region, families of the Guarani community are subject to debt bondage, as a result of which the children of these families are in the same situation. It noted that a national plan of action for the elimination of forced labour was to be adopted, which would take into account the problem of Guarani families in a situation of debt bondage and include special measures for the children of these families.

The Committee notes the Government’s indication that the CIEPTI held consultations in 2009 with 80 Quechua and Guarani communities concerning their views and position with regard to the issue of child labour. The final objective of this consultation process is the formulation of public policies on the matter. The Government’s report adds that the NGO Dya, in collaboration with the CIEPTI, has been implementing a three-year project (October 2007 – January 2011) in the department of Santa Cruz, with the objective of offering educational opportunities to 5,800 indigenous children and young persons who are engaged, or are liable to be engaged in agricultural work, domestic service, agro-industry, trading and forced labour.

The Committee nevertheless notes that the CRC, in its concluding observations of 16 October 2009 on the Government’s fourth periodic report (CRC/C/BOL/CO/4, paragraph 73), expressed particular concern at the persistence of the economic exploitation of indigenous children. Observing that the children of indigenous peoples are often the victims of exploitation, which takes on very diverse forms, and are a population at risk of being subject to the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect these children from the worst forms of child labour. It requests the Government to continue providing information on the measures adopted, particularly in the context of the National Plan of Action for the Elimination of Forced Labour, to prevent these children from being in a situation of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the study on the extent and characteristics of child labour in Bolivia, contained in the 2008 national report published by the ILO/IPEC in 2010 and based on the results of the child labour survey carried out by the National Statistical Institute (INS) in collaboration with the ILO/IPEC Statistical Information and Monitoring Programme on Child Labour (SIMPOC) during the last quarter of 2008. According to the survey, 848,000 children, or nearly 28 per cent of children and young persons in the country between the ages of 5 and 17 years, are engaged in a paid or unpaid economic activity. Most of them work in agriculture and mining and are unpaid family workers. The Committee also notes that the great majority of these children perform hazardous types of work (746,000 children and young persons between 5 and 17 years of age). This is particularly the case for indigenous children and young persons in rural areas (between 78 and 80 per cent of the total population of indigenous girls and boys in rural areas). The Committee nevertheless observes that, with regard to the worst forms of child labour, only statistics concerning hazardous types of work were captured in the 2008 survey. Expressing grave concern at the number of children and young persons performing hazardous types of work, and particularly indigenous children in rural areas, the Committee strongly encourages the Government to intensify its efforts to ensure the elimination of the worst forms of child labour in the country. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, particularly in the agricultural and mining sectors. To the extent possible, all information should be disaggregated by sex and age.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Sale and trafficking of children. In its previous comments, the Committee took note of the provisions in the national legislation that apply to selling and trafficking for the purpose of economic or sexual exploitation and which give effect to the Convention. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations on Bolivia’s third periodic report, February 2005, expressed concern at the extent of the trafficking of children for economic and sexual exploitation (CRC/C/15/Add.256, paragraph 63). It further notes that the Committee on the Elimination of All Forms of Discrimination Against Women in its concluding comments of April 2008 on Bolivia’s second, third and fourth periodic reports expressed continuing concern at the persistence of the trafficking in women and girls and the insufficient information on its causes and extent in Bolivia (CEDAW/C/BOL/CO/4, paragraph 29).

The Committee notes that, although Bolivia’s legislation prohibits the sale and trafficking of children for economic and sexual exploitation, this worst form of child labour is, in practice, a problem. It reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children is considered to be among the worst forms of child labour and that according to Article 1, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government as a matter of urgency to take the necessary measures to ensure that, in practice, children under 18 years of age are protected against sale and trafficking. In this connection, it asks the Government to provide information on the application of the provisions of the national legislation that apply to sale and trafficking in practice, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions, and sentences and criminal penalties imposed.

Article 4, paragraph 1. Determining hazardous types of work. The Committee notes from the information in the ILO/IPEC report of December 2007 that a process was launched in 2007 to draw up a list of types of hazardous work prohibited for children under 18 years of age. To this end, an agreement was signed by the Ministry of Labour with the employers’ and workers’ organizations. The Committee hopes that the list of types of hazardous work prohibited for children under 18 years of age will be adopted shortly. It requests the Government to provide information on all progress made to this end and on consultations held with the organizations of employers and workers in determining such work.

Article 7, paragraph 2. Effective and time-bound measure. Clause(a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that according to UNICEF statistics for 2008, the net primary-school enrolment rate is 96 percent for girls and 94 per cent for boys, and at secondary-school level, 72 per cent for girls and 73 per cent for boys. It also notes from the UNICEF statistics that the net attendance rate at primary-school level is 77 per cent for girls and 78 per cent for boys and at secondary school, 56 per cent for girls and 57 per cent for boys. The Committee further notes that, according to the EFA Global Monitoring Report for 2008 published by UNESCO and entitled Education for All by 2015: Will we make it?, Bolivia has attained the objective of parity between the sexes in both primary and secondary education. The report also finds that Bolivia stands a good chance of attaining the objective of universal primary education by 2015. The Committee nonetheless notes the finding in the report that in terms of education for all, there are still disparities between indigenous and non-indigenous peoples.

The Committee takes due note of the net primary-school enrolment rate and the fact that the country stands a good chance of obtaining universal primary education by 2015. It also observes that the net primary-school attendance rate is relatively good. It nonetheless expresses concern that the net secondary-school enrolment and attendance rates are rather low. In view of the fact the education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the running of the country’s education system. In this connection, it requests the Government to provide information on the time-bound measures taken to increase the attendance rate in both primary and secondary school and to reduce the disparities in education for all between indigenous and non-indigenous peoples. It also asks the Government to provide information of the results obtained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking and sale of children. The Committee notes that, in its concluding comments of April 2008, the Committee on the Elimination of All Forms of Discrimination Against Women expressed continuing concern at the absence of appropriate steps to combat the sale and trafficking of women and children at national and regional levels (CEDAW/C/BOL/CO/4, paragraph 26). The Committee notes in this connection that a national plan is being prepared for the comprehensive protection of children and that it will address the sale and trafficking of children for economic and sexual exploitation. The Committee requests the Government to provide a copy of the national plan as soon as it is adopted. It also asks the Government to send information on any action programmes prepared and implemented under the plan in order to withdraw children from this worst from of child labour.

Article 8. International cooperation and assistance. 1. Regional cooperation. With reference to its previous comments, the Committee notes that according to the Government, the Ministry of Foreign Affairs of Bolivia together with the Government of Chile organized a workshop on the worst forms of child labour with a particular focus on sale and trafficking. The purpose of the workshop was to enhance regional cooperation between Bolivia and Chile and to prepare a mutual assistance strategy to protect the victims of the sale and trafficking of children. The Committee requests the Government to provide information on the measures taken as a result of the workshop to eliminate the worst forms of child labour.

2. Poverty reduction. In its previous comments, the Committee noted the adoption of the National Plan for Economic and Social Development and the Strategy to Combat Poverty. Noting the absence of any information in the Government’s report it again recalls that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the elimination of the worst form of child labour. It accordingly asks the Government to provide information on the impact on eliminating the worst forms of child labour of the National Plan for Economic and Social Development and the Strategy to Combat Poverty.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee asked the Government to step up efforts to eliminate the worst forms of child labour and asked it to continue to send information on the application of the Convention in practice. The Committee notes the Government’s statement that the National Statistics Institute (INS), together with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), is conducting a study on child labour. According to the Government, the study will take into account the worst forms of child labour and will show where the country stands in terms of such labour. The Committee requests the Government to provide a copy of the study on child labour as soon as it is completed.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Debt bondage and forced or compulsory labour. Child labour in sugar cane and brazil nut harvesting. In its previous comments, the Committee took note of a communication from the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), indicating that child labour in the sugar cane and brazil nut sectors is a practice similar to slavery because the children have no alternative but to work with their parents, so like their parents they are subject to a system of debt bondage. Furthermore, although their work is neither recognized nor remunerated, they have joint liability with their parents for the debt and are compelled to work to help their parents to repay it.

In its comments, the ITUC stated that more than 10,000 children work with their parents in the sugar harvest in Bolivia. Of these, around 7,000 work in Santa Cruz, half of whom are between 9 and 13 years of age, and 3,000 work in Tarija. They perform a variety of tasks. For example, boys work with the men in cutting sugar cane and girls and young children work with the women in gathering, stripping and bundling the cane. The children work in difficult conditions and their hours are very long – more than 12 hours a day, starting at 5 a.m. They suffer from respiratory ailments and wound themselves working with machetes. As to brazil nut harvesting, the ITUC stated that children start at age 7 to help their parents in the plantations, assisting with picking and processing the fruit. At harvest time, the children work in the jungle alongside their parents. The work they do is hazardous because they use machetes to crack the nuts and extract the kernels. Moreover, they have to walk for hours to find the trees bearing nuts. Work begins at around 3 a.m. or even 2 a.m. and ends at midday. In some places the children work after school or during the night between 10 p.m. and 6 a.m.

The Committee took note of a study Enganche y Servidumbre por Deudas en Bolivia (Entrapment and Debt Bondage in Bolivia), published by the Office in January 2005, which reports such practices. According to the study, the situation of tens of thousands of indigenous agricultural workers in Bolivia is one of debt bondage, with some of them subjected to permanent or semi-permanent forced labour. The study also reports that these practices are to be found not only in the Chaco region but also in the areas of Santa Cruz and Tarija (sugar harvesting) and the northern Amazon area (brazil nut harvesting).

The Committee notes the Government’s information on Bolivia’s legislation covering slavery or similar practices. Its notes, however, that although the legislation appears to be consistent with the Convention on this point, work by children under 18 years of age in conditions of debt bondage or forced labour is a problem in practice. The Committee expresses its deep concern at the situation of these children. It reminds the Government that under Article 3(a) of the Convention, all forms of slavery or similar practices such as debt bondage and forced or compulsory labour are considered to be among the worst forms of child labour and that pursuant to Article 1, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take the necessary steps to ensure, as a matter of urgency, that the persons using the labour of children under 18 years of age in the sugar cane and brazil nut harvesting industry in conditions of debt bondage or forced labour, are prosecuted and that effective and dissuasive sanctions are applied to them. It requests the Government in this connection on the effect given to the provisions that apply to these worst forms of child labour, including statistics on the number and nature of offences reported, the investigations held, prosecutions, and the sentences and penal sanctions applied.

Clause (d). Hazardous work. Children working in mines. In its comments, the ITUC stated that in the departments of Ururo, Potosi and La Paz, more than 3,800 children work in the tin, zinc, silver and gold mines. As a rule, the older boys work with their fathers in the mines, whereas the younger children help to transport rocks and tools and to gather rocks. Children working in the rivers of the gold mines are engaged in extracting and washing gold deposits. The rivers are contaminated with mercury, sulphur and other chemicals used in mining. Furthermore, because they are small, children aged 8 to 12 years are sent into certain narrow parts of the mine where an adult would not be able to pass through. They also work in extracting ore and preparing and exploding dynamite. Sometimes, in mines where there are no wagons to shift heavy ore, the children have to carry it on their shoulders to the ore processing area. In the first stage of processing, the children have to handle a tool – a very heavy stone that can weigh up to 60 kilos, which they balance with the help of a metal plank on smaller stones. In the second phase, they have to recover the remaining ore, which is mixed with chemicals, and are in danger of getting burnt and inhaling toxic gases.

The Committee notes that section 134 of the Code on Children and Young People contains a detailed list of types of hazardous work prohibited for young people, some of which are related to the work done by children in mines including the transport of heavy loads, the handling or inhaling of toxic products and the handling of dangerous tools or explosives. The Committee expresses concern at the use of child labour in hazardous work in mines. It reminds the Government that, according to Article 3(d) of the Convention, hazardous work is among the worst forms of child labour. The Committee requests the Government to take the necessary steps as a matter of urgency to ensure that no child under 18 years of age shall engage in hazardous work in mining. It also requests the Government to provide information on the application in practice of the legislation governing hazardous work, including statistics on the number and nature of offences reported, the investigations held, prosecutions, the sentences and penalties applied.

Article 5. Monitoring mechanisms. The Committee takes due note of the information sent by the Government to the effect that two inspectors specializing in child labour have been assigned to the regions of Santa Cruz and Tarija-Bermejo to conduct inspections in the sugar cane industry. The Committee requests the Government to provide information on the results of those inspections particularly as regards the protection of children working in the sugar cane industry.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in worst forms of child labour and removing them therefrom. 1. Debt bondage and forced and compulsory labour. Child labour in the sugar cane and brazil nut harvesting industry. With reference to its previous comments, the Committee notes with interest the information from the Government to the effect that ten education centres have been set up in six camps in the municipality of Bermejo that accommodate families who work harvesting sugar cane. These centres have benefited 300 children. It further notes that an education strategy has been put into effect by the Ministry of Labour and the Fundación Hombres Nuevos, in collaboration with UNICEF, in ten municipalities in the sugar cane area of Santa Cruz. More than 3,000 girls and boys and their families, and 60 teachers from education units are to benefit from this strategy. One outcome expected is a 50 to 80 per cent increase in the school attendance rate.

The Committee also notes the adoption of the Three Year Plan for the Gradual Elimination of Child Labour (2006–08) (“Three Year Plan 2006–08”), which aims to implement effective and sustainable measures to improve implementation of the National Plan on the Gradual Elimination of Child Labour (2000–10) (“PNEPTI 2000–10”), including the elimination of the worst forms of child labour in the sugar cane industry. The Committee strongly encourages the Government to step up its efforts and to take time-bound measures, particularly in implementing the Three Year Plan 2006–08 and PNEPTI 2000–10 to: (a) prevent children from being placed in debt bondage or forced labour in the sugar cane and brazil nut harvesting industry; and (b) provide the necessary and appropriate direct assistance for the removal of children from these worst forms of child labour. It requests the Government to provide information on the results obtained. Finally, it requests the Government to send information on the measures taken to ensure the rehabilitation of these children.

2. Child labour in mines. With reference to its previous comments, the Committee notes with interest the detailed information sent by the Government on the measures taken under the various programmes of action to eliminate child labour in mines. It notes in particular the awareness-raising and educational measures and economic alternatives provided for the families of children working in mines. It further notes with interest that 20 per cent of children who participated in the vocational training programme have stopped working in mines and that 80 per cent of those remaining work fewer hours. It notes that the Three Year Plan 2006–08 and PNEPTI 2000–10 have both set the elimination of child labour in mines as one of their objectives. The Committee strongly encourages the Government to pursue its efforts and asks it to take time-bound measures, in particular under the Three Year Plan 2006–08 and PNEPTI 2000–10 to provide for necessary and appropriate direct assistance to ensure the rehabilitation and social integration of the children concerned. The Committee requests the Government to provide information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Indigenous children. The Committee noted previously the information from the Government to the effect that in the large estates of the Chaco region, families of the Bolivian Guarani communities are subjected to debt bondage. As a result of this practice, the children of the families are in the same situation. It further noted that a national action plan to eliminate forced labour was to be adopted. It took into account the problems of the families of Guarani communities who are subjected to debt bondage, and specific measures were to be taken for the children under 18 years of age who are also in debt bondage. The Committee notes that the plan has not yet been adopted. It nonetheless takes due note of the Government’s information that it has adopted a Provisional Interministerial Plan 2007–08 for the Guarani people. The Committee observes that the children of indigenous peoples often fall victim to exploitation, which can take many forms, and are at risk of falling into the worst forms of child labour. It requests the Government to provide information on the time-bound measures taken under the Provisional Interministerial Plan 2007–08 for the Guarani people, in order to prevent the children of these people falling into debt bondage or forced or compulsory labour. The Committee also requests the Government to provide a copy of the National Plan for the Elimination of Forced Labour as soon as it is adopted.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted with interest the adoption of Act No. 3325 of 18 January 2006, adding a new chapter entitled “Trafficking of persons” to Title VIII (“Crimes against life and physical integrity”) of Act No. 1768 of 11 March 1997 issuing the Penal Code [hereinafter the Penal Code] and amending certain provisions of the Code. The Committee also noted a communication dated 24 August 2006 from the International Confederation of Free Trade Unions (ICFTU), containing comments on work by children under the age of 18 years in hazardous conditions in the harvesting of sugar cane and Brazil nuts and the mining industry. It requests the Government to provide information on the points raised by the ICFTU in its communication.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee noted that, under the terms of section 14 of the Regulations on work by young persons, the sale and trafficking of children and young persons for the performance of work in any form is illegal and subject to the imposition of sanctions. The Committee noted that section 281bis of the Penal Code, as amended by Act No. 3325 of 18 January 2006, makes it an offence for any person to engage in or facilitate the sale or trafficking of persons, within or outside the national territory, with a view to slavery or practices similar to slavery, economic or commercial sexual exploitation and the sale or illegal supply of organs. The penal sanctions are increased if the victim is a person under 18 years of age. It further noted that section 281ter of the Penal Code, also amended by Act No. 3325 of 18 January 2006, establishes sanctions for the trafficking of migrants.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee noted that, under section 13 of the Regulations on work by young persons, any type of work by young persons conducted in the form of slavery or practices similar to slavery is prohibited. It also noted that, by virtue of section 291 of the Penal Code, it is an offence to subject a person to slavery or practices similar to slavery. The Committee noted the information provided by the Government to the effect that, in ranches in the Chaco region, families of Bolivian Guarani communities are in a situation of debt bondage. This practice also results in the children of these families being in the same situation. The Committee noted the study “Trapped in debt bondage in Bolivia” (Enganche y Servidumbre por Deudas en Bolivia) published by the Office in January 2005, which reports on these practices. According to this study, tens of thousands of indigenous agricultural workers are in a situation of debt bondage in the country, with some of them the victims of permanent or semi-permanent forced labour. Moreover, these practices are not only found in the Chaco region, where the worst cases of forced labour are encountered, but also in the regions of Santa Cruz and Tarija (sugar cane harvest) and in the north of Amazonia (chestnut harvest).

The Committee also noted the Government’s indication that the Ministry of Labour, with the technical assistance of the ILO and a team composed of officials of the Ministry of Indigenous Affairs and Native Peoples (MAIPO), the Ministry of Sustainable Development, the Department of Justice and trade union leaders from the sectors concerned, is currently drawing up a National Plan of Action for the Elimination of Forced Labour. According to the Government, this National Plan of Action will take into account the problem of families from Guarani communities in a situation of debt bondage and specific measures will be taken for young persons under 18 years of age also in a situation of debt bondage. The Government added that, following conciliation, the Department of Justice obtained agreement that children over 7 years of age performing domestic or agricultural work are to be paid for their work. According to the Government, this measure will be included in the National Plan. The Committee further noted the Government’s indication that a ranch owner has been found guilty of the offence of slavery or practices similar to slavery set out in section 291 of the Penal Code for holding a girl on his ranch under such conditions.

The Committee recalled that, under Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced labour, are considered to comprise the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Although the legislation appears to be in conformity with the Convention on this matter, the Committee noted that debt bondage and forced labour are a problem in practice. The Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children against this worst form of child labour. It also requests the Government to provide information on the imposition of penalties in practice by supplying, among other information, reports on the number of convictions. The Committee further hopes that the preparation of the National Plan of Action for the Elimination of Forced Labour will be completed in the very near future and it requests the Government to provide a copy as soon as it has been adopted.

Article 4, paragraph 1. Determination of the list of hazardous types of work. The Committee noted that section 134 of the Children and Young Persons Code contains a list of 17 types of hazardous or unhealthy work. It also noted that section 135 of the Code contains a list of the types of work which may be prejudicial to the dignity of young persons.

Article 4, paragraphs 2 and 3. Identification of where hazardous types of work exist and revision of the types of hazardous work determined. The Committee noted the information provided by the Government according to which the studies carried out have indicated that in rural areas child labour in its worst forms is found in gold and traditional mining in the Andean region and the region of La Paz and in the harvesting of sugar and chestnuts (Santa Cruz and Tarija). In contrast, in urban areas, the worst forms of child labour are found in construction, brick manufacture, smuggling and domestic work. The Committee also noted the Government’s indication that it has identified hazardous types of work and the regions in which they are most visible. However, investigations will be carried out with a view to identifying and localizing other hazardous types of activities. Furthermore, the results of labour inspections will be taken into account with a view to identifying the presence of children in activities which may be considered to be the worst forms of child labour. The Committee requests the Government to provide information on the outcomes of the investigations carried out in other sectors and which may eventually lead to amendments to the list of hazardous types of work contained in section 134 of the Children and Young Persons Code.

Article 5. Monitoring mechanisms. The Committee noted that the Ministry of Labour, through the General Directorate of Labour and Industrial Security and its inspectors in each region of the country, is the authority responsible for supervising labour legislation. The Committee requests the Government to provide information on the duties of labour inspectors, particularly in relation to the worst forms of child labour, inter alia by providing extracts of reports and documents. As Article 3(a) to (c) of the Convention relates to criminal offences, the Committee also requests the Government to indicate whether monitoring mechanisms in addition to the labour administration services have been established to secure the application of these provisions of the Convention.

Article 6. Programmes of action. 1. Programmes of action on child labour in mines, sugar harvesting and urban areas. The Committee noted that the Commission for the Progressive Elimination of Child Labour, established by Ministerial Resolution No. 597/02 of 26 December 2002, is currently responsible for coordinating three subcommissions, namely the Subcommission on Work in Mines, the Subcommission on the Sugar Harvest and the Subcommission on Urban Work. The Committee also noted that these three subcommissions are responsible for the preparation and implementation of a number of programmes of action in their respective fields. According to the information provided by the Government, these programmes of action, some of which are still operational, have resulted in the removal of children from the worst forms of child labour in mines, sugar harvesting and urban areas, as well as preventing children from being engaged in these worst forms of labour. The Committee takes due note of the Government’s efforts and strongly encourages it to continue its action, particularly with a view to the elimination of the worst forms of child labour.

2. Plan of Action against Commercial Sexual Violence. The Committee noted the Government’s indication that the Department of Youth, Children and the Elderly is currently developing, in collaboration with various public bodies, NGOs, the Catholic Church and UNICEF, a Plan of Action against Commercial Sexual Violence. The Committee requests the Government to provide a copy of the Plan of Action when it has been adopted and any programmes of action designed and implemented with a view to eliminating commercial sexual violence involving children. It also requests the Government to provide information on the consultations held in this context.

Article 7, paragraph 1. Penalties. The Committee noted that sections 13, 14 and 16 of the Regulations on child labour, sections 281bis, 281ter, 291 and 321 of the Penal Code and sections 133, 134 and 135 of the Children and Young Persons Code establish penal sanctions for any person guilty of offences related to forced labour, the sale and trafficking of children, child prostitution and pornography, the use of a child for illicit activities or for hazardous types of work. The Committee requests the Government to provide information on the application of these penalties in practice, particularly with regard to sections 281bis and 281ter of the Penal Code, as added by Act No. 3325 of 18 January 2006.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted with interest the adoption of the National Plan on the Progressive Elimination of Child Labour, 2000-10 (PNEPTI), which benefited from the participation of various public institutions of the executive and legislative authorities, civil society organizations involved in the issue of child labour and ILO/IPEC, WFP and UNICEF. It also noted that the schedule for PNEPTI interventions is based essentially on three strategic focal areas, namely: the reduction of work by boys and girls under 14 years of age; the protection of young workers over 14 years of age; and the elimination of the worst forms of child labour. With regard to the latter, the Committee noted that the strategic objective is to eliminate the worst forms of child labour through the use of supervision and the imposition of penalties in the framework of the laws that are in force in the country and the improvement of the living standards of families in the context of social mobilization and participation. The PNEPTI is scheduled over ten years and establishes strategic objectives in the short- (one to three years), medium- (four to seven years) and long-term (eight to ten years) for each of its three focal areas. The Committee also noted the Government’s indication that a medium-term evaluation of the PNEPTI was carried out in May 2005. It requests the Government to provide information on the impact of the PNEPTI, particularly in terms of the elimination of the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and their removal from these worst forms of child labour. 1. Work by children in mines. The Committee noted the information provided by the Government concerning the various programmes of action for the elimination of child labour in mines in several municipal areas. It also noted that the Educational Project for the Progressive Elimination and Prevention of Child Labour in Mines (PETIM) in Cerro Rico de Potosí and Llallagua, which commenced in October 2002, is still operational. The project concerns around 140,000 girls, boys and young persons who worked in mines and is designed to remove these children from work or prevent them from engaging in work in mines. The long-term objective is to involve over 70 per cent of children who are currently working in these mines. The Committee requests the Government to provide information on the impact of the PETIM, with an indication of the number of children who will in practice be prevented from being engaged in mines and who are removed from their work. It also requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of these children.

2. Child labour in the sugar cane harvest. The Committee noted the Government’s indication that the project entitled “Boys, girls and young persons in sugar cane” in the north of the country was extended for the years 2005 and 2006. It noted that educational measures are being implemented in the context of this programme to prevent children from being engaged in the sugar cane harvest and to remove them from this worst form of child labour. The Committee requests the Government to provide information on the impact of this project with an indication, for example, of the number of children who are in practice prevented from being engaged in the sugar cane harvest or are removed from their work and have access to education.

Clause (c). Access to free basic education or vocational training for all children removed from the worst forms of child labour. The Committee noted that in the framework of the School Attendance Programme for Boys and Girls (PENNT), almost 2,000 boy and girl workers under 12 years of age were reintegrated into school. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee encourages the Government to continue its efforts and to take the necessary measures to ensure that children who are removed from the worst forms of child labour attend school regularly.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends to take account, in the context of the National Plan for the Progressive Elimination of Child Labour, 2000–10, and the Plan of Action against Commercial Sexual Violence, of the special situation of girls and remove them from the worst forms of child labour.

Article 8. International cooperation and assistance. 1. Poverty reduction. The Committee noted that Bolivia is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee noted that the National Plan for the Progressive Elimination of Child Labour, 2000-10 (PNEPTI), was adopted in the context of the policies and strategies prepared under the National Economic and Social Development Plan and the Poverty Reduction Strategy. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the National Economic and Social Development Plan and the Poverty Reduction Strategy on the elimination of the worst forms of child labour.

2. Regional cooperation. The Committee noted the information provided by the Government according to which Bolivia has undertaken to implement the agreement concluded in August 2004 between the Departments of Labour of the Andean Community on child labour which provides, among other measures, for joint action to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted in the context of this agreement for the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee noted the study entitled “Child labour in Bolivia: Characteristics and conditions” (Trabajo infantil en Bolivia: Características y condiciones), published by the National Statistical Institute (INE) and UNICEF in December 2004. According to this study, over 313,500 children between the ages of 7 and 17 years are engaged in an economic activity in Bolivia, although this number is probably an underestimate. While in urban areas nearly three-quarters of working children are engaged in the tertiary sector (trade, personal and social services, hotels, transport and communication), in rural areas three-quarters work in the primary sector (agricultural work or in mines). The study also demonstrates that there is a very marked sexual division of work. Boys tend to work in art or in craftwork and construction, while girls tend to be in domestic service. Furthermore, the Committee noted the studies (Worst Forms of Child Labour Series) on the sugar cane harvest, work in small-scale mines and commercial sexual violence published by ILO/IPEC and UNICEF in 2004. In the case of the sugar cane harvest, of the 30,000 persons recruited in Santa Cruz, nearly 7,000 are children or young persons between the ages of 9 and 13, and of the 5,500 persons hired in Tarija, over 2,860 are children or young persons of the same age. With regard to work in small-scale mining, of the 38,600 workers, over 3,800 are children and young persons between the ages of 10 and 18. Two regions are affected in particular, namely the Andean region (Oruro and Potosí), where tin, silver and zinc are mined, and the region of La Paz (Tipuani) where the mining is mainly for gold. Finally, over 1,450 children and young persons between the ages of 11 and 17 are victims of commercial sexual violence in the cities of Santa Cruz de la Sierra, La Paz, El Alto and Cochabamba.

The Committee noted from the information provided by the Government that difficulties, principally of an economic nature, have arisen in the application of the Convention in practice which have prevented the Government from taking sufficient measures to eliminate the worst forms of child labour. The difficult political situation of the country has given rise to instability and uncertainty and constitute an obstacle for those responsible for the application of the Convention. The Committee also noted the Government’s indication that it is more than ever committed to pursuing its efforts for the implementation of the plans of action that have been prepared or are to be prepared. The Committee requests the Government to renew its efforts to eliminate the worst forms of child labour and asks it to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s first report. It notes with interest the adoption of Act No. 3325 of 18 January 2006, adding a new chapter entitled “Trafficking of persons” to Title VIII (“Crimes against life and physical integrity”) of Act No. 1768 of 11 March 1997 issuing the Penal Code [hereinafter the Penal Code] and amending certain provisions of the Code. The Committee also notes a communication dated 24 August 2006 from the International Confederation of Free Trade Unions (ICFTU), containing comments on work by children under the age of 18 years in hazardous conditions in the harvesting of sugar cane and Brazil nuts and the mining industry. It requests the Government to provide information on the points raised by the ICFTU in its communication.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee notes that, under the terms of section 14 of the Regulations on work by young persons, the sale and trafficking of children and young persons for the performance of work in any form is illegal and subject to the imposition of sanctions. The Committee notes that section 281bis of the Penal Code, as amended by Act No. 3325 of 18 January 2006, makes it an offence for any person to engage in or facilitate the sale or trafficking of persons, within or outside the national territory, with a view to slavery or practices similar to slavery, economic or commercial sexual exploitation and the sale or illegal supply of organs. The penal sanctions are increased if the victim is a person under 18 years of age. It further notes that section 281ter of the Penal Code, also amended by Act No. 3325 of 18 January 2006, establishes sanctions for the trafficking of migrants.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under section 13 of the Regulations on work by young persons, any type of work by young persons conducted in the form of slavery or practices similar to slavery is prohibited. It also notes that, by virtue of section 291 of the Penal Code, it is an offence to subject a person to slavery or practices similar to slavery. The Committee notes the information provided by the Government to the effect that, in ranches in the Chaco region, families of Bolivian Guarani communities are in a situation of debt bondage. This practice also results in the children of these families being in the same situation. The Committee notes the study “Trapped in debt bondage in Bolivia” (Enganche y Servidumbre por Deudas en Bolivia) published by the Office in January 2005, which reports on these practices. According to this study, tens of thousands of indigenous agricultural workers are in a situation of debt bondage in the country, with some of them the victims of permanent or semi-permanent forced labour. Moreover, these practices are not only found in the Chaco region, where the worst cases of forced labour are encountered, but also in the regions of Santa Cruz and Tarija (sugar cane harvest) and in the north of Amazonia (chestnut harvest).

The Committee also notes the Government’s indication that the Ministry of Labour, with the technical assistance of the ILO and a team composed of officials of the Ministry of Indigenous Affairs and Native Peoples (MAIPO), the Ministry of Sustainable Development, the Department of Justice and trade union leaders from the sectors concerned, is currently drawing up a National Plan of Action for the Elimination of Forced Labour. According to the Government, this National Plan of Action will take into account the problem of families from Guarani communities in a situation of debt bondage and specific measures will be taken for young persons under 18 years of age also in a situation of debt bondage. The Government adds that, following conciliation, the Department of Justice obtained agreement that children over 7 years of age performing domestic or agricultural work are to be paid for their work. According to the Government, this measure will be included in the National Plan. The Committee further notes the Government’s indication that a ranch owner has been found guilty of the offence of slavery or practices similar to slavery set out in section 291 of the Penal Code for holding a girl on his ranch under such conditions.

The Committee recalls that, under Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced labour, are considered to comprise the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Although the legislation appears to be in conformity with the Convention on this matter, the Committee notes that debt bondage and forced labour are a problem in practice. The Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children against this worst form of child labour. It also requests the Government to provide information on the imposition of penalties in practice by supplying, among other information, reports on the number of convictions. The Committee further hopes that the preparation of the National Plan of Action for the Elimination of Forced Labour will be completed in the very near future and it requests the Government to provide a copy as soon as it has been adopted.

3. Forced recruitment of children for use in armed conflict. The Committee notes the Government’s indication that there is currently no armed conflict in Bolivia, either internal or international. The Government adds that compulsory recruitment only takes place for military service. Under the terms of section 3(a) and (b) of the National Defence Service Act (Legislative Decree No. 0775 of 1 August 1966), pre-military service is undertaken between the ages of 15 and 19 years and military service from 19 years of age. The Committee also notes that, under the terms of Act No. 2026 of 27 October 1999 [the Children and Young Persons Code], the use of boys, girls and young persons in armed conflict is prohibited.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that under section 321 of the Penal Code, as amended by Act No. 3325 of 80 January 2006, penalties are established for any person who promotes, encourages or facilitates the prostitution of persons of both sexes. The penalties are increased if the victim is a person under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that sections 133 and 135, read together with the Children and Young Persons Code prohibit work by young persons under 18 years of age in places where obscene performances are put on and in activities of a pornographic nature. It also notes that, under section 16 of the Regulations on work by young persons, the recruitment or use of young workers for the making of pornographic films is illegal and subject to the imposition of penal sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that sections 56 and 139 read in conjunction with Act No. 1008 of 19 July 1988 respecting drugs and controlled substances prohibits the use of minors under 16 years of age to commit an offence prohibited by the Act, including the sale, trafficking or transport of drugs or illicit substances. It also notes that section 16 of the Regulations on work by young persons prohibits the procuring or use of young workers under 18 years of age to perform illicit activities, such as the trafficking of drugs and smuggling.

Clause (d). Hazardous work. The Committee notes that section 133 of the Children and Young Persons Code prohibits the performance of work which is hazardous, unhealthy and prejudicial to the dignity of young persons, namely persons between the ages of 12 and 18 years. The Committee further notes that section 58 of the Supreme Decree of 24 May 1939 issuing the General Labour Act [the General Labour Act] prohibits the employment of minors under 18 years of age on work that is beyond their strength or which may delay their physical development. Furthermore, the Committee notes that, under section 59 of the General Labour Act, the employment of young persons under 18 years of age is prohibited in work that is hazardous, unhealthy or prejudicial to their morals or good manners.

Article 4, paragraph 1. Determination of the list of hazardous types of work. The Committee notes that section 134 of the Children and Young Persons Code contains a list of 17 types of hazardous or unhealthy work. It also notes that section 135 of the Code contains a list of the types of work which may be prejudicial to the dignity of young persons.

Article 4, paragraphs 2 and 3. Identification of where hazardous types of work exist and revision of the types of hazardous work determined. The Committee notes the information provided by the Government according to which the studies carried out have indicated that in rural areas child labour in its worst forms is found in gold and traditional mining in the Andean region and the region of La Paz and in the harvesting of sugar and chestnuts (Santa Cruz and Tarija). In contrast, in urban areas, the worst forms of child labour are found in construction, brick manufacture, smuggling and domestic work. The Committee also notes the Government’s indication that it has identified hazardous types of work and the regions in which they are most visible. However, investigations will be carried out with a view to identifying and localizing other hazardous types of activities. Furthermore, the results of labour inspections will be taken into account with a view to identifying the presence of children in activities which may be considered to be the worst forms of child labour. The Committee requests the Government to provide information on the outcomes of the investigations carried out in other sectors and which may eventually lead to amendments to the list of hazardous types of work contained in section 134 of the Children and Young Persons Code.

Article 5. Monitoring mechanisms. The Committee notes that the Ministry of Labour, through the General Directorate of Labour and Industrial Security and its inspectors in each region of the country, is the authority responsible for supervising labour legislation. The Committee requests the Government to provide information on the duties of labour inspectors, particularly in relation to the worst forms of child labour, inter alia by providing extracts of reports and documents. As Article 3(a) to (c) of the Convention relates to criminal offences, the Committee also requests the Government to indicate whether monitoring mechanisms in addition to the labour administration services have been established to secure the application of these provisions of the Convention.

Article 6. Programmes of action. 1. Programmes of action on child labour in mines, sugar harvesting and urban areas. The Committee notes that the Commission for the Progressive Elimination of Child Labour, established by Ministerial Resolution No. 597/02 of 26 December 2002, is currently responsible for coordinating three subcommissions, namely the Subcommission on Work in Mines, the Subcommission on the Sugar Harvest and the Subcommission on Urban Work. The Committee also notes that these three subcommissions are responsible for the preparation and implementation of a number of programmes of action in their respective fields. According to the information provided by the Government, these programmes of action, some of which are still operational, have resulted in the removal of children from the worst forms of child labour in mines, sugar harvesting and urban areas, as well as preventing children from being engaged in these worst forms of labour. The Committee takes due note of the Government’s efforts and strongly encourages it to continue its action, particularly with a view to the elimination of the worst forms of child labour.

2. Plan of Action against Commercial Sexual Violence. The Committee notes the Government’s indication that the Department of Youth, Children and the Elderly is currently developing, in collaboration with various public bodies, NGOs, the Catholic Church and UNICEF, a Plan of Action against Commercial Sexual Violence. The Committee requests the Government to provide a copy of the Plan of Action when it has been adopted and any programmes of action designed and implemented with a view to eliminating commercial sexual violence involving children. It also requests the Government to provide information on the consultations held in this context.

Article 7, paragraph 1. Penalties. The Committee notes that sections 13, 14 and 16 of the Regulations on child labour, sections 281bis, 281ter, 291 and 321 of the Penal Code and sections 133, 134 and 135 of the Children and Young Persons Code establish penal sanctions for any person guilty of offences related to forced labour, the sale and trafficking of children, child prostitution and pornography, the use of a child for illicit activities or for hazardous types of work. The Committee requests the Government to provide information on the application of these penalties in practice, particularly with regard to sections 281bis and 281ter of the Penal Code, as added by Act No. 3325 of 18 January 2006.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the adoption of the National Plan on the Progressive Elimination of Child Labour, 2000-10 (PNEPTI), which benefited from the participation of various public institutions of the executive and legislative authorities, civil society organizations involved in the issue of child labour and ILO/IPEC, WFP and UNICEF. It also notes that the schedule for PNEPTI interventions is based essentially on three strategic focal areas, namely: the reduction of work by boys and girls under 14 years of age; the protection of young workers over 14 years of age; and the elimination of the worst forms of child labour. With regard to the latter, the Committee notes that the strategic objective is to eliminate the worst forms of child labour through the use of supervision and the imposition of penalties in the framework of the laws that are in force in the country and the improvement of the living standards of families in the context of social mobilization and participation. The PNEPTI is scheduled over ten years and establishes strategic objectives in the short- (one to three years), medium- (four to seven years) and long-term (eight to ten years) for each of its three focal areas. The Committee also notes the Government’s indication that a medium-term evaluation of the PNEPTI was carried out in May 2005. It requests the Government to provide information on the impact of the PNEPTI, particularly in terms of the elimination of the worst forms of child labour.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and their removal from these worst forms of child labour. 1. Work by children in mines. The Committee notes the information provided by the Government concerning the various programmes of action for the elimination of child labour in mines in several municipal areas. It also notes that the Educational Project for the Progressive Elimination and Prevention of Child Labour in Mines (PETIM) in Cerro Rico de Potosí and Llallagua, which commenced in October 2002, is still operational. The project concerns around 140,000 girls, boys and young persons who worked in mines and is designed to remove these children from work or prevent them from engaging in work in mines. The long-term objective is to involve over 70 per cent of children who are currently working in these mines. The Committee requests the Government to provide information on the impact of the PETIM, with an indication of the number of children who will in practice be prevented from being engaged in mines and who are removed from their work. It also requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of these children.

2. Child labour in the sugar cane harvest. The Committee notes the Government’s indication that the project entitled “Boys, girls and young persons in sugar cane” in the north of the country was extended for the years 2005 and 2006. It notes that educational measures are being implemented in the context of this programme to prevent children from being engaged in the sugar cane harvest and to remove them from this worst form of child labour. The Committee requests the Government to provide information on the impact of this project with an indication, for example, of the number of children who are in practice prevented from being engaged in the sugar cane harvest or are removed from their work and have access to education.

Clause (c). Access to free basic education or vocational training for all children removed from the worst forms of child labour. The Committee notes that in the framework of the School Attendance Programme for Boys and Girls (PENNT), almost 2,000 boy and girl workers under 12 years of age were reintegrated into school. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee encourages the Government to continue its efforts and to take the necessary measures to ensure that children who are removed from the worst forms of child labour attend school regularly.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends to take account, in the context of the National Plan for the Progressive Elimination of Child Labour, 2000-10, and the Plan of Action against Commercial Sexual Violence, of the special situation of girls and remove them from the worst forms of child labour.

Article 8. International cooperation and assistance. 1. Poverty reduction. The Committee notes that Bolivia is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. The Committee notes that the National Plan for the Progressive Elimination of Child Labour, 2000-10 (PNEPTI), was adopted in the context of the policies and strategies prepared under the National Economic and Social Development Plan and the Poverty Reduction Strategy. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the National Economic and Social Development Plan and the Poverty Reduction Strategy on the elimination of the worst forms of child labour.

2. Regional cooperation. The Committee notes the information provided by the Government according to which Bolivia has undertaken to implement the agreement concluded in August 2004 between the Departments of Labour of the Andean Community on child labour which provides, among other measures, for joint action to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the measures adopted in the context of this agreement for the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the study entitled “Child labour in Bolivia: Characteristics and conditions” (Trabajo infantil en Bolivia: Características y condiciones), published by the National Statistical Institute (INE) and UNICEF in December 2004. According to this study, over 313,500 children between the ages of 7 and 17 years are engaged in an economic activity in Bolivia, although this number is probably an underestimate. While in urban areas nearly three-quarters of working children are engaged in the tertiary sector (trade, personal and social services, hotels, transport and communication), in rural areas three-quarters work in the primary sector (agricultural work or in mines). The study also demonstrates that there is a very marked sexual division of work. Boys tend to work in art or in craftwork and construction, while girls tend to be in domestic service. Furthermore, the Committee notes the studies (Worst Forms of Child Labour Series) on the sugar cane harvest, work in small-scale mines and commercial sexual violence published by ILO/IPEC and UNICEF in 2004. In the case of the sugar cane harvest, of the 30,000 persons recruited in Santa Cruz, nearly 7,000 are children or young persons between the ages of 9 and 13, and of the 5,500 persons hired in Tarija, over 2,860 are children or young persons of the same age. With regard to work in small-scale mining, of the 38,600 workers, over 3,800 are children and young persons between the ages of 10 and 18. Two regions are affected in particular, namely the Andean region (Oruro and Potosí), where tin, silver and zinc are mined, and the region of La Paz (Tipuani) where the mining is mainly for gold. Finally, over 1,450 children and young persons between the ages of 11 and 17 are victims of commercial sexual violence in the cities of Santa Cruz de la Sierra, La Paz, El Alto and Cochabamba.

The Committee notes from the information provided by the Government that difficulties, principally of an economic nature, have arisen in the application of the Convention in practice which have prevented the Government from taking sufficient measures to eliminate the worst forms of child labour. The difficult political situation of the country has given rise to instability and uncertainty and constitute an obstacle for those responsible for the application of the Convention. The Committee also notes the Government’s indication that it is more than ever committed to pursuing its efforts for the implementation of the plans of action that have been prepared or are to be prepared. The Committee requests the Government to renew its efforts to eliminate the worst forms of child labour and asks it to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.