Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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.