Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Bolivia (Estado Plurinacional de) (Ratificación : 2005)

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) Institutional framework. The Committee previously asked the Government to provide information on the results of the implementation of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the related National Action Plan. The Committee notes the Government’s reference in its report to various training measures for public servants, and prevention and awareness-raising activities on trafficking in persons carried out in various cities in the country by the Plurinational Council against Trafficking in Persons (established by the Comprehensive Act against Trafficking in Persons (No. 263) of 2012). The Committee welcomes the preparation by the Council of annual reports on the management of the Plurinational Policy against trafficking. In this regard, it observes that the management report for 2020 referred to the low level of coordination among member institutions of the Council and others involved in this field, and also with the autonomous territorial entities. According to the 2021 management report, the level of compliance of the measures contemplated in that year in the area of prevention was 96.15 per cent, in the area of care provision it was 62.5 per cent, for prosecutions and criminal penalties it was 67.22 per cent, for international cooperation 84.37 per cent, for national cooperation 73 per cent, and for institutional management 84.09 per cent.

The Committee notes the adoption of a new Plurinational Policy against trafficking in persons, illicit trafficking of immigrants and related offences for 2021–25 (according to a press release of 30 July 2022 from the Ministry of Justice and Institutional Transparency). The policy was formulated by the Plurinational Council against Trafficking in Persons after the systematization of inputs from departmental councils, autonomous departmental and municipal governments, the Ombuds Office, the Public Prosecutor’s Office, the Bolivian police force and the judiciary. The objectives of the policy are to monitor the current situation regarding trafficking in persons and define institutional actions and responsibilities at the central, departmental and territorial levels in the context of the fight against trafficking. Moreover, it provides for the revision of the Comprehensive Act against Trafficking in Persons (No. 263), of 2012 in order to adapt it to new ways in which victims are captured for trafficking.

The Committee encourages the Government to continue its efforts to combat trafficking in persons, including through reinforcing inter-institutional coordination among the various entities involved at the central, departmental and territorial levels. It requests the Government to provide detailed information on the measures taken as part of the implementation of the Plurinational Policy against trafficking in persons, illicit trafficking of immigrants and related offences for 2021–25, including information on the results of the evaluations undertaken in this regard by the Plurinational Council against Trafficking in Persons.

(b) Effective application of the law. The Committee previously noted with concern the low number of convictions related to trafficking in persons despite the substantial number of cases brought to court, and urged the Government to intensify its efforts to ensure that the perpetrators of trafficking in persons are prosecuted and penalties are duly imposed.

The Committee notes that, in order to reinforce the capacities of the bodies responsible for the application of the legislation against trafficking in persons, the Government has provided training in relation to investigating and prosecuting the crime of trafficking. Prevention and awareness-raising workshops on social and labour standards focusing on trafficking in persons have been held, coordinated by the Ministry of Labour, Employment and Social Security in the cities of Santa Cruz, Oruro, Potosí, La Paz and Cochabamba (a total of 2,757 persons were trained between 2019 and 2022). Bilateral cooperation agreements relating to the investigation of trafficking cases have also been signed with Peru, Paraguay and Argentina.

The Committee notes that, according to the statistics supplied by the Government, between 2019 and 2021 the police recorded a total of 1,115 complaints for trafficking in persons. A total of 1,306 proceedings for trafficking in persons were initiated, of which 154 yielded convictions and 98 resulted in rulings following summary proceedings. The Committee observes that, between 2021 and the first half of 2022, the Ombuds Office received 72 complaints relating to trafficking in persons. In this regard, the Ombuds Office underlined the lack of inter-institutional coordination among the entities responsible for the prevention of trafficking in persons, and also noted the complaints against those institutions, including the police. Furthermore, a total of 33 complaints were received against the police for not activating search operations in line with the regulations in force (press release of 30 June 2022 from the Ombuds Office). The Ombuds Office emphasized that the number of complaints received by it increased by eight per cent between 2021 and 2022, the biggest increases being recorded in the departments of La Paz and Cochabamba (press release of 23 September 2022 from the Ombuds Office).

The Committee notes with concern the information on the lack of coordination among the bodies responsible for enforcement of the legislation against trafficking and the inaction on the part of some of them as well as the low number of convictions relating to trafficking in persons.

The Committee therefore once again urges the Government to take all necessary steps to reinforce the capacities of the competent bodies, including the police, the Public Prosecutor’s Office and other justice operators, in order to undertake systematic investigations to enable the perpetrators of trafficking to be prosecuted and punished. In this regard, the Committee requests the Government to continue providing information on the number of complaints recorded, investigations conducted, criminal proceedings initiated, rulings handed down and penalties imposed on the basis of Act No. 263 against trafficking in persons.

(c) Protection of victims. In its previous comments, the Committee noted that Bolivia is primarily a country of origin for trafficking in persons, especially for the purposes of labour exploitation in agriculture, the textiles industry and domestic work in neighbouring countries, and requested the Government to provide information on the number of victims who have been identified and provided with assistance.

The Committee notes the Government’s indication that the Department of Employment, through the Employment Assistance Programme II, provides support to improve the employability of persons who have been victims of trafficking. The Government reports the existence of a MERCOSUR coordination mechanism catering for women in situations of international trafficking, and a bilateral agreement with Argentina for the prevention of trafficking and for the provision of assistance and protection to victims.

The Committee observes that the Government has not supplied any information on the number of trafficking victims who have been identified or on the protection measures granted. Nor do the management reports of the Plurinational Council against Trafficking in Persons contain any information on protection measures for victims.

The Committee requests the Government to send detailed information on the measures taken in the context of bilateral and multilateral cooperation agreements with other countries to provide assistance and protection to Bolivian victims of the trafficking of persons abroad, and to facilitate their voluntary repatriation and reintegration. Furthermore, it requests the Government to provide information on the measures taken to make citizens aware of the risks of migration and their rights as migrants. The Committee once again requests the Government to provide up-to-date statistical information on the number of victims of trafficking for both labour and sexual exploitation who have been identified and assisted, indicating the type of assistance given.

2. Forced labour of indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. (a) Action programmes and labour inspection. The Committee previously noted the existence of forced labour involving indigenous Quechua and Guaraní workers, including bonded labour, in agricultural and livestock areas. It noted specific programmes implemented to combat forced labour in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, and also measures taken to reinforce labour inspection.

In response to the Committee’s request regarding the results of the programme entitled Progressive elimination of forced and similar kinds of labour by indigenous families in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, the Government indicates that in 2014 and 2015 training was provided on labour rights to over 2,500 indigenous workers and 230 employers, and the labour rights of 161 workers were restored. The Government also highlights the institutionalization of labour inspectorates in Monteagudo-Chiquisaca, Trinidad-Beni and Guayamerín; the implementation of integrated mobile labour offices; and the extension of the project to the provinces of Federico Román, Nicolás Suarez and Madre de Dios in the department of Pando. The Committee welcomes the fact that although the programme no longer has external funding, it has been institutionalized with funding from the State. During implementation of the programme in 2022, workshops to publicize social and labour standards with indigenous leaders were held, as were hearings for the restitution of rights with the presence of employers and workers. The Government also indicates that the Fundamental Rights Unit at the Ministry of Labour initiated a process for revising the forced labour mobile inspection protocol in order to adapt it to identified needs. Between 2018 and the first half of 2022, a total of 1,579 mobile inspections were carried out with departmental and regional labour authorities, including on livestock and agricultural ranches, mainly in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. The Committee requests the Government to continue sending information on the implementation of measures to prevent and eliminate forced labour involving indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, and on the results achieved. The Committee requests the Government to continue providing information on the mobile inspection of forced labour, the number of inspections carried out and the number of cases of forced labour which have been detected by labour inspectors, and on coordination with the Public Prosecutor’s Office in this regard.

(b) Strict application of criminal penalties. With regard to the application of section 291 of the Penal Code, which provides for imprisonment for the crime of subjecting a person to slavery or a similar condition, the Committee notes the Government’s indication that in 2018 a case was referred to the Public Prosecutor’s Office for a violation of section 291 of the Penal Code but that the case was dropped because of the withdrawal of the worker following the payment of outstanding labour benefits. It also notes that in 2022 the National Institute for Agrarian Reform (INRA) opened proceedings for the reversion of land in relation to the case of Guaraní families who had been subjected to bonded labour for generations and which was denounced to INRA by the Ministry of Labour in 2015. Moreover, the Committee notes with concern the Government’s indication that employers who have imposed practices akin to forced labour are referred on the basis of a decision by the workers themselves to administrative mechanisms for the restitution of rights and are not the subject of a complaint to the competent judicial authorities for the offences committed. In this regard, the Committee recalls that, in accordance with Article 25 of the Convention, the imposition of any form of forced labour must be the subject of effective and sufficient criminal penalties.

The Committee therefore urges the Government to take the necessary steps to ensure that all cases of forced labour which are identified, whether through action by the police or labour inspectorate or through complaints, are the subject of investigation and criminal proceedings, irrespective of the participation of victims, so that the perpetrators are duly prosecuted and punished. The Committee also requests the Government to take the necessary steps to: (i) increase awareness of section 291 of the Penal Code by the authorities in order to ensure the effective application thereof; and (ii) inform victims of their rights, facilitate their access to the justice system, and protect them from possible reprisals. Lastly, the Committee requests the Government to continue providing information on the application of section 291 of the Penal Code (number of complaints, judicial proceedings initiated and rulings handed down).

The Committee is raising other matters in a request addressed directly to the Government.