Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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