National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
Repetition Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Persistence of forced labour and servitude practices. The Committee previously noted the measures taken by the Government to combat forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches, which affect particularly indigenous populations of Quechua and Guaraní origin. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that the specific programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region” was implemented until the end of 2015. It takes note of the adoption of the Human Rights Policy and Action Plan for 2015–20 which identifies among the existing challenges the persistence of forced labour and servitude practices of children and women, and generally provides for actions to be taken in order to eliminate such practices as well as any other form of labour exploitation in the country. Referring to its last observation on the Worst Forms of Child Labour Convention, 1999 (No. 182), where it urged the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and nut harvesting industries, the Committee notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about the situation of Guaraní women who depend on working in agriculture and livestock and do not receive compensation or remuneration, and recommended that the Government take measures to prohibit and discourage all forms of slave labour affecting them (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 34 and 35). The Committee further notes that in November 2017, the Tarija Department Police investigated a forced labour case involving 25 people from the Guaraní indigenous group, including eight minors, exploited in the sugar cane harvest. The Committee requests the Government to continue to make every effort to eradicate forced labour and servitude practices, which affect particularly the indigenous populations of Quechua and Guaraní origin, and to provide information on any concrete measures taken to combat the root causes of the vulnerability of the victims, including in the framework of the Human Rights Policy and Action Plan for 2015–20 and of the Development Plan for the Guaraní People. It also requests the Government to provide information on any assessment undertaken on the impact of the programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region”, as well as on any follow-up measures taken. 2. Strengthening of mobile labour inspection offices. The Committee previously noted the activities carried out by the Fundamental Rights Unit of the Ministry of Labour, Employment and Social Welfare (MTEPS) within the framework of the Development Plan for the Guaraní People, and particularly the strengthening of labour inspections at the regional level. It notes the Government’s indication that temporary mobile labour inspection offices were established in remote municipalities in the priority regions of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region, in order to investigate situations of forced labour and restore victims’ rights. It notes the Government’s indication, in its report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the MTEPS identified that indigenous people are more vulnerable in remote areas, more particularly in the agriculture and wood extraction sectors, and increased the number of the regional labour inspectors specialized in forced labour, operating within the Fundamental Rights Unit, who are now carrying out activities in three departmental labour offices and five regional labour offices. The Committee notes the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of comprehensive mobile inspections as well as awareness-raising activities have been carried out. It notes however that, in their 2016 reports forwarded by the Government, several regional labour inspectors specialized in forced labour highlighted the lack of available resources, such as the absence of vehicles, dissemination of training material and staff which prevent labour inspections in extensive and remote areas, including where indigenous populations of Guaraní origin are located. It notes in particular that several regional labour inspectors pointed out the lack of specific guidance and criteria to identify forced labour cases and recommended the adoption of a specific procedure within the labour inspectorate to deal with such cases. Noting that as a result of the discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application of the Minimum Age Convention, 1973 (No. 138), the Conference Committee urged the Government to make available to labour inspection increased human, material and technical resources and training, especially in the informal sector. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of labour inspectors, particularly of those specialized in forced labour, and increase the state presence in remote areas, including through mobile labour inspections, in order to ensure that labour inspections are carried out safely and effectively and in a timely manner in the areas identified as having a high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the judicial or administrative decisions taken. It also requests the Government to provide information on any specific guidance, criteria or procedure elaborated or implemented for forced labour cases in order to assist labour inspectors. The Committee further requests the Government to continue to provide information on the awareness-raising and capacity-building activities undertaken at local and regional levels on servitude and forced labour, more particularly among at-risks groups, as well as on the number of beneficiaries. 3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition, as well as on the manner in which the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities. The Committee notes the Government’s indication that according to data available from the INRA, in 2016, indigenous communities benefited from more than 2 million hectares. It notes that according to the 2016 reports of the regional labour inspectors specialized in forced labour, forwarded by the Government, three cases involving servitude or forced labour in the region of the Chaco zone and Santa Cruz region where the use of the land did not respect its “social-economic function” were reported to the INRA in view of land restitution. It notes however that several regional labour inspectors specialized in forced labour requested better inter-institutional coordination, in particular with the Human Rights Ombudsperson (Defensoría del Pueblo) and the INRA. Taking into consideration the persistence of forced labour and servitude practices, which affect particularly indigenous populations of Quechua and Guaraní origin, the Committee notes with concern the Government’s indication that no judicial decision was issued on forced labour or similar forms of labour exploitation. While welcoming the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of workers have had their rights restored through labour inspections and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing, the Committee emphasizes that when the envisaged sanction consists of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and recalls in this regard the dissuasive function of penal sanctions (see 2012 General Survey on the fundamental Conventions, paragraph 319). Noting that in its 2016 report, forwarded by the Government, the indigenous peoples specialist of the Fundamental Rights Unit of the MTEPS identified the lack of access to justice as one of the main causes of the persistence of forced labour and servitude practices. The Committee notes that, in its last concluding observations, the CEDAW also expressed concern about the persisting structural barriers in the “rural indigenous jurisdiction” and in the formal justice system that prevent women from gaining access to justice and obtaining redress (CEDAW/C/BOL/5-6, 28 July 2015, paragraph 10). The Committee further notes that, in its last annual report on Bolivia, the United Nations High Commissioner for Human Rights highlighted the seriousness of the structural problems facing the administration of justice, such as impunity, low public confidence in institutions of justice, lack of access to justice, long delays in the delivery of justice, lack of independence of the judiciary, and obvious incapacity to guarantee due process (A/HRC/28/3/Add.2, 16 March 2015, paragraph 41). The Committee requests the Government to provide information on any measures taken to enhance access to justice for victims of forced labour and servitude practices, including of the indigenous populations of Quechua and Guaraní origin, and to strengthen cooperation between the labour inspectorate and other institutions, such as the Public Prosecutor, the Human Rights Ombudsperson or the National Agrarian Reform Institute (INRA), so that no situation of forced labour goes unpunished. It requests the Government to provide comprehensive information on the number of investigations, prosecutions and convictions on forced labour and servitude cases dealt with by the labour inspectorate or any other competent authority as well as on the penalties imposed, including penal sanctions based on section 291 of the Penal Code. The Committee requests the Government to continue to provide information on the number and outcomes of cases involving forced labour or servitude practices reported to the INRA in view of land restitution. Articles 1(1) and 2(1). Indirect compulsion to work. As regards sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, the Committee previously noted the Government’s indication that rehabilitation and support centres have been set up accordingly to cooperate with the police. It recalled that persons considered as “vagrants” and “indigents” who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work, and requested the Government to provide additional information in this regard. The Committee notes the Government’s repeated general indication that the national legislation prohibits forced labour and servitude practices. The Committee again requests the Government to provide specific information on the application of sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) in practice, indicating the criteria used to identify and classify persons as vagrants and indigents and to admit them into rehabilitation and support centres. It requests the Government to provide information on the number of persons considered as vagrants and indigents by the authorities who have been placed in such centres, as well as on the measures taken to ensure that these persons who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee requests the Government to provide a copy of any relevant text governing the rehabilitation and support centres.
Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Organic Law against trafficking and smuggling of persons (Act No. 263 of 31 July 2012) and the implementing regulations (Decree No. 1486 of 6 February 2013) which define the fundamental components of trafficking in persons and provide for penalties. The Committee notes the adoption of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the National Action Plan for 2015–19. The Committee also notes the Government’s general indication, in its report, that, in the framework of the Multisectoral Plan for the integral development of the fight against trafficking and smuggling of persons for 2016–20, several actions are being implemented to prevent, control and sanction trafficking in persons, while providing support and promoting the reintegration of victims. The Committee notes that, as highlighted in the National Action Plan, Bolivia is principally a source country for trafficking for purposes of both sexual and labour exploitation within the country, mainly in the sugar cane and nut harvesting industries, domestic work, mining and begging. A significant number of Bolivians are also subjected to trafficking for labour exploitation abroad, mainly in Argentina, Brazil and Chile, in sweatshops, agriculture, textile factories and domestic work. The Committee refers, in this regard, to its last observation on the application of the Domestic Workers Convention, 2011 (No. 189), where it noted that, according to studies published by the Organization of American States (OAS), many victims of trafficking are Bolivian women who are taken to other countries as domestic workers and sometimes become victims of labour exploitation. It notes that, in September 2018, the La Paz Departmental Human Rights Ombudsperson (Defensoría del Pueblo) indicated that during the last few years the number of trafficking victims increased by 92.2 per cent, with 70 per cent of the victims being girls and young women aged from 12 to 22 years. According to its 2016 Global Report on Trafficking in Persons, the United Nations Office on Drugs and Crime (UNODC) indicated that between 2012 and 2015, 1,038 persons were prosecuted for trafficking but only 15 of them were convicted. The Committee notes that, in its last annual reports, the Public Prosecutor indicated that 701 cases of trafficking were registered in 2016 and 563 cases in 2017, but that no information is available on the number of persons convicted or judicial decisions handed down in that respect. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) of the United Nations was concerned about the high and growing number of cases of trafficking in human beings, in particular women and children in border areas, as well as of cases of internal trafficking of indigenous women for purposes of forced prostitution, in particular in areas in which major development projects are being implemented. The CEDAW recommended to undertake an assessment of the situation of trafficking in Bolivia as a baseline for measures to address trafficking and to improve the collection of data on trafficking disaggregated by sex, age and ethnicity (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 20 and 21). The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. It accordingly urges the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecutions and that in practice, sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of criminal proceedings initiated, persons convicted and penalties imposed on the basis of Act No. 263 against trafficking and smuggling of persons. The Committee also requests the Government to provide information on the concrete measures taken to effectively combat trafficking in persons, including through awareness-raising activities and enhanced access to justice, in the framework of the National Action Plan for 2015–20 and the Multisectoral Plan for 2016–20. Lastly, noting the Government’s statement that several actions are being implemented to support victims of trafficking, the Committee requests the Government to provide information on the concrete measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and remedies, as well as the number of victims who have been identified and have benefited from such assistance.
The Committee notes with interest the detailed information provided by the Government in its first report.
Articles 1 and 2, paragraph 1, of the Convention. Prohibition of forced labour practices: Servitude and the performance of free personal services. 1. The Committee notes the following provisions of the national legislation respecting the prohibition of forced labour practices:
– Article 5 of the National Constitution, under which “No type of servitude shall be recognized and no one shall be compelled to perform personal services without her or his full consent and due compensation. Personal services may be required only when so established by law.”
– Sections 144 and 145 of Legislative Decree No. 3464 (Act Respecting Agrarian Reform), which abolished the system of tenant farming and any other form of the performance of personal services free of charge or in repayment of a debt.
– The 16th final provision of Presidential Decree No. 29215 under which “No performance of personal services, free of charge or in repayment of a debt, shall be allowed in agrarian properties and the wage system shall be established under all individual or collective contracts as the inalienable form of remuneration.”
The Committee observes that the above provisions prohibit forced labour practices. With reference to article 5 of the National Constitution, the Committee requests the Government to indicate whether there exist national laws allowing the exaction of personal services and to provide copies of them.
2. Forced labour practices. The Committee notes the information provided by the Government in its report concerning the existence of forced labour practices in the area of the Chaco Boliviano, in the departments of Santa Cruz (Alto Parapetí), Chuquisaca (Provinces of Luis Calvo and Hernando Siles) and Tarija which affect the indigenous communities of the Guaraní people, known as “captive communities”. The Committee also notes the document “Trapped in debt bondage in Bolivia” published in 2005 in the context of the ILO Special Action Programme to combat Forced Labour. This document confirms the existence of forced labour practices, under various forms of debt bondage, principally in the sugar cane and nut harvests and in agricultural and stock-breeding ranches. The victims of such practices consist mainly of indigenous populations of Quechua and Guaraní origin.
3. Measures adopted by the Government. (a) Legislative measures. The Committee notes section 157 of Presidential Decree No. 29215 (Regulations under Act No. 1715 respecting the National Agrarian Reform Service, as amended by Act No. 3545 of 28 November 2006 respecting the re-establishment of the community aspects of the agrarian reform), under the terms of which the existence of a system of servitude, forced labour, bonded labour and/or slavery of captive families or persons in rural areas is contrary to the well-being of society and the community interest and implies failure to respect economic and social functions. Under the terms of sections 28 and 29 of Act No. 3545, lands the use of which is prejudicial to the collective interest (section 28) and is at the origin of the total or partial failure to comply with economic and social functions (section 29) shall revert to the original property of the nation, without any compensation. Biministerial Resolution No. 007, of 14 November 2007, approves the guide and forms for the classification of economic and social functions in relation to the existence of forced labour.
The Committee observes the importance of measures to combat situations of extreme poverty and vulnerability of victims in processes of eliminating forced labour practices. These measures prevent victims from having forced labour imposed upon them or from reverting to servitude. In this context, the Committee notes with interest the Government’s indication in its report that “on the basis of the provisions referred to previously respecting lands, as from the month of November 2007 a process was initiated of the reversion and expropriation of lands in the Chaco zone of the Department of Chuquisaca, taking as a guiding principle the existence of servitude and forced labour affecting ranch properties which still obtain free labour from Guaraní communities”. The Committee notes that, in parallel with the expropriation measures, 30 land titles corresponding to an area of 373,813 hectares were delivered to the Assembly of the Guaraní People (APG) in January 2008. The Committee requests the Government to provide information on the results achieved and on any other measure adopted to eradicate forced labour practices that have been identified.
(b) Investigations. The Committee notes the information provided by the Government on the various ex officio investigations undertaken in 2005 by the ILO, the Ministry of Justice and the People’s Ombudsperson on captive families in the Chaco area of Chuquisaca and the investigation that is being carried out in 2008 by the ILO, the Red Cross and the Ministry of Justice on captive communities in the Alto Parapetí, Chaco Santo Cruz. It also notes that, as a result of the Memorandum of Commitment signed on 11 March 2008 at the headquarters of the Inter-American Commission on Human Rights (IACHR) between the Government of Bolivia, the Council of Guaraní Captains of Chuquisaca and civil society organizations, an IACHR delegation visited the country in June 2008 to verify compliance with the Memorandum under which the State undertook to take the necessary protection measures to ensure the integrity of all Guaraní families, their leaders and advisers, and to inform the IACHR of the progress achieved in the process of the territorial reconstitution of the Guaraní people. The Committee requests the Government to continue providing information on the investigations that are carried out to determine the existence of situations of forced labour among indigenous communities of the Bolivian Chaco and on any other investigation undertaken in sectors and regions where there is evidence of forced labour practices.
(c) Other measures. The Committee notes that Act No. 3351 on the organization of the executive authorities, of 21 February 2006, entrusts the Ministry of Labour with the mandate of coordinating and developing policies for the eradication of any form of servitude and that in this context two units have been established under the direct responsibility of the Minister of Labour. One of these is the Fundamental Rights Unit, which has special responsibility for “Indigenous peoples and the eradication of forced labour”, including the provision of specialized technical advice on the application of labour standards governing rural employment and the adoption of public policies and adequate legislation for the eradication of forced labour. The Committee requests the Government to provide information on the activities carried out by the Fundamental Rights Unit of the Ministry of Labour.
Article 25. Penalties imposed for the exaction of forced labour. In accordance with Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.
The Committee notes section 291 of the Penal Code, which establishes sentences of imprisonment of from two to eight years for any person who reduces an individual to slavery or a similar condition. The Committee requests the Government to provide information on the application in practice of section 291 of the Penal Code in cases of forced labour which have been denounced, particularly in terms of the number of prosecutions that have been launched and the penalties imposed on those responsible.
Duty to work. The Committee notes article 8 of the Constitution, under which every person shall have the duty to work, in accordance with her or his capacities and possibilities, in socially useful activities. The Committee requests the Government to provide information on the provisions of the national legislation which impose the duty to work.
The Committee notes the Basic Act on the national police (Act No. 734 of 8 April 1985), section 7(l) of which includes among the functions of the national police that of “proceeding to the identification of idle persons and paupers and imposing the relevant security measures”. Furthermore, section 50(b) of the Act establishes amongst the attributions of police courts “to proceed to the identification of idle persons and paupers, in accordance with the law and to impose the relevant administrative security measures”. The Committee requests the Government to provide information on the security and administrative security measures that may be taken by the police and by police courts.
Article 2, paragraph 2(a). Compulsory military service. Work of a purely military character. The Committee requests the Government to provide the legislative texts respecting compulsory military service and observes that compulsory military service is excluded from the scope of application of the Convention only in so far as the work performed by conscripts is of a purely military character.
Article 2, paragraph 2(c). (a) Prison labour. The Committee notes the provisions of the national legislation regarding prison labour, and particularly section 182 of Act No. 2298 with respect to the execution and supervision of penalties under which “convicts may not be compelled to work without due remuneration and for no longer than eight hours a day”. The Committee further notes that, under the terms of section 154, measures relating to labour programmes shall be applied to detainees held in preventive detention “when they voluntarily consent to participate in them”.
The Committee notes the provision of section 187 of Act No. 2298, under which “the Prison and Supervision Administration may conclude agreements with enterprises, individuals or associations to organize commercial or industrial operations”. The Committee requests the Government to provide information on the agreements that have been concluded and observes that work by convicts for private enterprises is only compatible with the requirements of the Convention where the prisoner has given her or his consent and the conditions of work approximate those of a free employment relationship.
(b) Penalty of work for the benefit of the community. The Committee notes sections 200 and 201 of the Act on the execution and supervision of penalties and section 28 of the Penal Code respecting the penalty of work for the benefit of the community. Under the terms of section 28 of the Penal Code, convicts are under the obligation to “perform work in activities of public utility …” and “work shall only be performed with the consent of the convict”. Section 201 of the Act on the execution of penalties (labour programmes) provides that the Departmental Directorate of the Prison and Supervision System shall formulate each quarter an updated list of the vacancies in public or private entities participating in the programmes. The Committee requests the Government to provide a copy of the list of employers with a view to ensuring that work is performed in entities that are non-profit-making.