Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Bolivie (Etat plurinational de) (Ratification: 2005)

Autre commentaire sur C029

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

The Committee notes the adoption of the new Constitution, which has been promulgated on 7 February 2009. It observes that the new text prohibits servitude, slavery, forced labour, trafficking in persons and child labour. Referring to its previous comments, the Committee notes that the new Constitution no longer includes a provision referring to the performance of “personal services”. The Committee also notes from the explanations provided by the Government as regards article 108(5) of the new Constitution relating to the duty to work, that no texts have been adopted to regulate such obligation to work.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Assessment of the situation. The Committee previously noted the information provided by the Government concerning the existence of forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches. Such practices affect particularly indigenous populations of Quechua and Guaraní origin. The Committee notes the detailed information provided by the Government in its latest report, which confirms the existence of the problem, but also demonstrates the Government’s efforts in combating it.

The Committee notes, in particular, the information on the multiagency mission which was organized by the United Nations Permanent Forum on Indigenous Issues, in response to a request from the Government, in April–May 2009. The objective of the mission was to verify complaints regarding the practice of forced labour and servitude in Guaraní communities and to draw up proposals and recommendations to ensure that the fundamental rights of persons, communities and the indigenous peoples are respected. Having ascertained, among other things, that forced labour and servitude are imposed on Guaraní men and women in Bolivia (including through the use of violence and limitation of movement), the mission has presented recommendations that include:

-guarantees to ensure that indigenous peoples (and in particular Guaraní people) enjoy the right to give free and informed consent;
-institutional strengthening, ensuring the adequate presence of the State in the zones most affected by forced labour practices, including trained labour inspectors to carry out adequate and timely labour inspections;
-regional cooperation and cross-border strategies to ensure protection of the indigenous peoples;
-effective social dialogue initiatives aimed at reinforcing the need to eradicate forced labour and servitude; and
-law enforcement strengthening, including training for law enforcement agents, so as to ensure that cases of abuses against Guaraní people and their defenders are treated with the appropriate priority and prosecuted without delay.

Corroborating the conclusions and recommendations of the above multiagency mission, the Committee notes the report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people – mission to Bolivia (Human Rights Council, 18 February 2009, document A/HRC/11/11), as well as the final observations for Bolivia of the Committee on the Elimination of Racial Discrimination (10 March 2011, document CERD/C/BOL/CO/17-20), which both recommend the Government to take, as a matter of priority, effective measures to suppress all forms of servitude and forced labour in the country.

2. Measures adopted by the Government. The Committee notes the detailed information provided by the Government as regards the measures it has been taking to combat forced labour practices in the country. It notes, in particular, the information on the actions taken by the Community Settlement and Land Distribution Unit, as well as on the projects which are being implemented by the Ministry of Rural Development, including a strategy to release captive Guaraní communities victims of forced labour and servitude. The Government indicates that from 2006 to 2009, 5,904 families in 152 communities have been provided with 1,117,740 hectares of land in the Departments of La Paz, Pando, Beni, Santa Cruz and Tarija. The Government also informs that, following the land distribution, it has been providing guidance and technical assistance in the communities in order to empower families and promote the sustainable use of land.

The Government further highlights the activities carried out in 2009 by the Fundamental Rights Unit of the Ministry of Labour, which include:

-the establishment of a data base to identify the characteristics of forced labour in the Chaco zone;
-the elaboration of a Development Plan for the Guaraní People, aimed at providing assistance to 81,635 citizens of the Guaraní community in the Chaco zone; and
-appointment of five labour inspectors to ensure respect for the labour rights of the Guaraní people in the municipalities of Entre Ríos, Yacuiba, Caraparí, Charagua and Macharetí.

According to the Government, the Fundamental Rights Unit plans to carry out activities aimed at providing training for labour inspectors, monitoring labour inspections and raising awareness on forced labour. The Government also indicates that, following the recommendations of the United Nations Permanent Forum on Indigenous Issues, and in collaboration with indigenous peoples’ organizations, it is working in the development of short, medium and long term policies to abolish and eradicate forced labour.

The Committee acknowledges the importance of the measures which are being taken by the Government to address the vulnerability of victims through policies aimed at combating poverty and empowering the actors involved in their identification and rehabilitation. The Committee hopes that the Government will continue to make every effort to eradicate forced labour and servitude practices, and particularly to protect and assist victims. It requests the Government to provide, with its next report, information on any studies carried out to assess the forced labour situation in the country, including information on the policies developed as a result of these studies, as well as available statistics. Please also provide information on the impact of ongoing projects and on the implementation of the Development Plan for the Guaraní People. Finally, the Committee requests the Government to indicate the measures adopted to strengthen the capacity of labour inspectors in order to ensure that labour inspections are carried out timely, safely and effectively in the areas identified as being of high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the consequent judicial or administrative action taken.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application in practice 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. The Committee notes that the Government’s report contains no information in this regard. It recalls that, by virtue of Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law for the exaction of forced labour are really adequate and strictly enforced. The Committee considers that the absence of complaints by victims before the competent administrative and judicial authorities does not necessarily indicate the non-existence of violations, but far more frequently reveals a lack of access to the law enforcement apparatus and even a lack of awareness of their rights, or fear of reprisals. Moreover, since the imposition of forced labour constitutes a crime falling within the provisions of the Criminal Code, suppression, prosecution and sanctioning must be conducted “ex officio” by the State, without depending on the initiative of victims. The Committee therefore requests the Government to take the appropriate measures to ensure that victims are effectively in a position to turn to the police and the judicial authorities with a view to asserting their rights. Please also provide information on the number of cases of forced labour reported to the authorities, the number of cases in which an investigation has been conducted and the number of cases which have resulted in judicial action.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards section 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985), the Committee notes the Government’s indication in its report that Police Courts have the power to proceed with the qualification of vagrants and indigents, in accordance with the law, and impose the appropriate administrative security measures. The Committee therefore requests the Government once again to provide information on the type of administrative security measures that may be imposed by the Police Courts under section 50(b) of the Basic Act on the National Police, in particular as regards vagrants and indigents.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that under section 187 of the Law on Execution of Criminal Sanctions (No. 2298/ 2001) the penitentiary administration may conclude agreements with enterprises, individuals or associations to organize commercial or industrial operations. It requested the Government to provide information on any agreements concluded by virtue of section 187. The Committee notes the Government’s indication in its report that such agreements between prison institutions and enterprises have never been concluded in practice. The Committee recalls that, to be compatible with the Convention, the work of convicted persons for private entities should be performed voluntarily and in conditions approximating a free employment relationship, which necessarily requires the formal and informed consent of convicts, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security.

As regards sentences of community work, the Government indicates that, despite the possibility of imposing a penalty of work in benefit of the community by virtue of the Law on Execution of Criminal Sanctions, no enterprises or institutions have, so far, demonstrated interest for the use of this type of services. The Committee would like to recall that, while community work may be performed for private bodies, including charitable associations or institutions, the practical arrangements for such work must be closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is done is a non-profit-making organization.

The Committee requests the Government to provide, in its future reports, information on any changes as regards the work of convicts for private enterprises, as well as on the application in practice of sentences of community work.