Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(a) of the Convention. Punishment for expressing political views. In its previous direct request the Committee referred to the following provisions of the Penal Code which allow sentences of imprisonment to be imposed in cases which fall within the scope of the Convention. Indeed, sections 123 (sedition), 126 (conspiracy), 132 (criminal association), 134 (public disorder and disturbances) could be used to impose sentences of imprisonment for acts through which persons express political views or views opposed to the established political, economic or social system. The Committee observed that sentences of imprisonment involve the obligation to work under section 48 of the Penal Code and sections 181 et seq. of Act No. 2298 of 2001 on the enforcement of sentences. The Committee previously noted the information provided by the Government that, under the terms of section 132 of the Penal Code (criminal association), 11 persons were tried and convicted in 2005, 28 in 2006 and 14 in 2007, with criminal association being one of the charges.

The Committee notes that the Government did not provide any information in its last report on the application in practice of these provisions. With reference to the explanations provided in its observation concerning the incidence that the imposition of sentences of imprisonment involving the obligation to work may have on the application of the Convention, the Committee requests the Government to provide copies of court decisions handed down under the above provisions of the Penal Code so that it can assess their scope. Please also indicate the measures adopted or envisaged to ensure that sentences involving the obligation to work are not imposed for the expression of political views.