Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bolivia (Plurinational State of) (Ratification: 1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

  Article 1(a) of the Convention. In previous comments the Committee referred to the following provisions of the Penal Code which allow sentences of imprisonment to be imposed in cases including those within the scope of the Convention: sections 123 (sedition), 126 (conspiracy), 132 (criminal association) and 134 (public disorder and disturbances) which provide sentences for the expression of political views or views opposed to the established political system.

Sentences of imprisonment involve the obligation to work under sections 48 and 50 of the Penal Code.

The Committee notes the summary record of the 1563rd meeting of the United Nations Human Rights Committee (Bolivia, 24/10/2000, CCPR/C/SR.1563) which indicates that in Bolivia the important link between the right of peaceful demonstration, the right to freedom of expression and opinion and the right to freedom of association is not recognized.

The Committee requested the Government to supply information on the practical application of the abovementioned sections of the Penal Code, particularly in regard to the number of convictions made and copies of the decisions handed down so that it can determine the scope of these provisions and to inform it of the measures taken or envisaged to ensure that sentences involving compulsory labour for the expression of political views will not be imposed.

Compulsory prison labour. The Committee notes that the Government indicates in its report that prisoners are allowed to carry out skilled craft work for their own benefit and that in prisons there are work training centres for inmates.

The Committee observes, however, that sections 48 and 50 of the Penal Code provide for compulsory labour for prisoners under the progressive system of serving their sentence.

The Committee again asks the Government to supply a copy of the Act on the prison system and the Act on compulsory civic service.