Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

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

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking of persons. (a) National policy. With regard to measures taken in the context of the “Plurinational policy against human trafficking, migrant smuggling and related crimes (2021–25)”, the Government indicates in its report that the Plurinational Council against Trafficking in Persons indicates in its report that the Council against Trafficking in Persons achieved an 81 per cent completion rate with respect to planned activities. In 2022, a total of 76 activities were planned, of which 75 per cent were carried out, while in 2023 the level of completion increased to 93 per cent. The Government also indicates that a “Comprehensive multi-sectoral development plan for tackling trafficking in persons (2021–25)” was approved, in the context of which: (i) training workshops, discussions and dissemination workshops on trafficking in persons for labour exploitation were carried out at the national level; (ii) notices were issued for the registration of private employment agencies; (iii) a total of 140 social/labour inspections with a focus on trafficking in persons for labour exploitation were carried out through the Fundamental Rights Unit; (iv) seven mobile offices focusing on trafficking in persons and forced labour were established in rural and border regions; and (v) coordination efforts were undertaken with departmental and municipal autonomous governments. The Committee encourages the Government to continue taking the necessary steps to prevent and combat trafficking in persons in the context of implementing the objectives of the “Plurinational policy against human trafficking, migrant smuggling and related crimes (2021–25)”. The Committee requests the Government to provide information on the measures taken in this regard, and also those adopted by the Plurinational Council against Trafficking in Persons to evaluate the implementation of the plurinational policy, describing the impact of the measures adopted, the difficulties that persist, and the actions planned to address them.

(b) Protection and assistance for victims. With regard to the measures taken to identify and provide assistance for victims, the Government indicates that it has signed bilateral agreements with neighbouring countries such as Peru, Argentina and Paraguay. In the context of the bilateral agreement with Argentina, there are plans for a five-year schedule (2023–25) of training and dissemination of information on the prevention and investigation of the crime of trafficking in persons, as well as on victim identification, assistance and protection in border areas. Under the agreement between Bolivia and Paraguay, activities and actions are proposed for the development of a Bolivia–Paraguay road map (2024–25) on prevention-related matters and the exchange of experiences in comprehensive care for human trafficking victims. The Government also indicates that a bilateral agreement with Brazil is being drafted.

Moreover, the Government indicates that it has provided training for public servants working at immigration control posts on the subject of trafficking in persons. It states that the Department of Migration has specific procedures for detecting conduct that could constitute trafficking in persons, in particular a new Guide for the early detection of trafficking victims, for immigration authorities, as well as an information system on the issue of trafficking in persons and smuggling of migrants. With regard to repatriations, the Government indicates that there were seven in 2022, three in 2023 and two in 2024.

The Committee requests the Government to continue taking the necessary steps to ensure proper identification, protection and assistance with regard to victims of trafficking in persons for both labour and sexual exploitation. In this regard, the Committee requests the Government to continue providing information on: (i) trafficking victims who have been identified and assisted, indicating the type of assistance provided; (ii) bilateral cooperation programmes with other countries to provide assistance to victims and facilitate their voluntary repatriation; (iii) the measures taken to inform citizens seeking to migrate about their rights and about related risks; and (iv) the implementation of the information system on trafficking in persons.

(c) Prosecution and application of criminal penalties. The Committee notes the Government’s indication that in 2023 a total of 946 complaints were filed under Act No. 623 of 2012, of which 707 related to the crime of trafficking in persons, 56 to smuggling of persons, 133 to the crime of pornography, 38 to the crime of pimping and 12 to the crime of commercial sexual violence. The Government also indicates that, of the 707 complaints, 458 related to women and 228 to men. The Government further indicates that it has strengthened the capacities of police officials assigned to the Human Trafficking Divisions by providing them with tools and ongoing specialist training and ensuring sufficient human and technical resources.

While noting this information, the Committee notes with regret the lack of data on judgments handed down and penalties imposed under Act No. 263 against trafficking in persons. The Committee requests the Government to take the necessary steps to ensure that the competent bodies, including the police, the Public Prosecutor’s Office and judicial officials, can systematically conduct adequate investigations to prosecute those responsible for trafficking in persons. The Committee once again requests the Government to provide information on criminal proceedings instituted, judgments handed down and penalties imposed under Act No. 263.

2. Forced labour of indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. Regarding measures to prevent, eradicate and punish forced labour practices involving indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions, the Government indicates that the Ministry of Labour, Employment and Social Protection has carried out inspections, expanding the State’s presence in remote regions through the transfer of full-scale or specialist inspection teams and the establishment of temporary mobile offices, which has enabled the restitution of workers’ rights. Between 2020 and 2023, inspections were conducted in agriculture, livestock farming and barracas (temporary settlements related to harvesting activities) where the majority of wage earners are indigenous. In 2020, a total of 48 full-scale mobile inspections were carried out in relation to forced labour, 363 in 2021, 678 in 2022 and 721 in 2023. In addition, the number of full-scale and temporary mobile offices increased from five to ten between 2020 and 2023.

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 Government indicates that, in the context of inter-institutional cooperation and coordination, training and information activities relating to trafficking in persons and the application of section 291 of the Penal Code will be carried out, especially intended for highly vulnerable population groups.

The Committee also notes the 2023 investigation report from the Ombuds Office on the persistence of bonded or indentured labour to which Guaraní families are subjected on an agricultural property in Chaco Cruceño. In the report the Labour Department recommended the Government to hold awareness-raising and training seminars on labour rights for agricultural workers of the Guaraní people and conduct a full-scale mobile inspection to monitor compliance with labour regulations relating to bonded or indentured labour. The Committee also notes Administrative Reversion Decision No. DGST-JRLL-RES 003/2022 of 17 October 2022 issued by the National Institute for Agrarian Reform (INRA), which ordered the reversion of a property located within the jurisdiction of the Guaraní de Kereimba Iyaambae Indigenous Autonomous Government on account of the existence of systems of bonded or indentured labour and non-compliance with labour and social regulations, and ordered that the Public Prosecutor’s Office be notified of the situation.

While duly noting the actions taken to strengthen labour inspections in the Chaco region, the Committee notes with regret the lack of information on the results of these inspections or on legal proceedings initiated in relation to situations involving forced labour practices which, according to the above-mentioned information, persist in the region. In this regard, the Committee recalls that, under Article 25 of the Convention, the penalties imposed by law for forced labour must be really adequate and strictly enforced.

The Committee urges the Government to continue taking the necessary measures to prevent, identify and punish forced labour imposed on indigenous persons in the Chaco, Bolivian Amazon and Norte Integrado de Santa Cruz regions. The Committee requests the Government to intensify its efforts to strengthen the capacity of the authorities (police, labour inspectorate and the Public Prosecutor’s Office) in this regard, so that situations of forced labour can be properly investigated and prosecuted, regardless of whether or not victims file a complaint. The Committee requests the Government to provide information on: (i) the results of full-scale mobile inspections carried out in these regions; (ii) the measures taken by the Public Prosecutor’s Office to investigate the situations in question; (iii) the number of investigations carried out, legal proceedings under way and convictions handed down; and (iv) the measures taken to protect and assist victims.