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

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

Other comments on C029

Observation

Direct Request

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

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

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

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

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

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