Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Bolivia (Plurinational State of) (Ratification: 2003)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(a), 7(1) and 8 of the Convention. Worst forms of child labour, sanctions applied and international cooperation. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Framework Act No. 263 on the sale and trafficking of persons of 6 February 2012. It noted that, under section 27 of the Act, the Government will cooperate with other institutions to design and implement protocols at the national and international levels for the early detection of trafficking, with particular attention being given to children. Furthermore, under the terms of section 28(4), special attention will be given to child victims with a view to their social reintegration. The Committee noted that section 34 amended several provisions of the Penal Code, making the penalties more severe for cases of trafficking involving children.

The Committee notes the Government’s indication in its report that it has adopted the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), formulated under the auspices of the Inter-ministerial Council to Combat the Sale and Trafficking of Persons, which establishes specific measures for the coordination and implementation of an inter-institutional network of support and reintegration for victims. The Government indicates that the Plan includes two distinct policies: (i) promoting among the population attitudes and behaviour to prevent the crime of trafficking and smuggling; and (ii) protecting the rights of victims and vulnerable persons. The Government also refers to the Multi-sectoral Plan to Combat Trafficking and People Smuggling, within the framework of the Economic and Social Development Plan (PEDES), which includes action on prevention, supervision and punishment of perpetrators. The Committee notes the statistics provided by the Government on the number of complaints of trafficking, pornography and commercial sexual exploitation, but notes that the Government does not specify the number of cases involving victims under the age of 18 years. It also notes with interest the Act of 28 March 2016 ratifying the agreement between the Plurinational State of Bolivia and Argentina on the prevention and investigation of the crime of trafficking in persons and on assistance and protection for victims. It notes that this agreement is intended to reinforce coordinated and cooperative action to prevent and combat trafficking in persons, including children. The Committee requests the Government to provide information on the results achieved within the framework of the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), the PEDES and the agreement with Argentina. It also requests the Government to provide statistics on the number and nature of the violations reported involving children under 18 years of age, and on investigations, prosecutions and convictions related to these violations.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Juancito Pinto programme for the distribution of school vouchers intended to cover the costs of schooling for children enrolled in primary education, but observed that the programme only covers children in primary school, in this respect, the Government provided limited information and confined itself to indicating that 2,545 Bolivian nationals benefited from the Juancito Pinto programme between 2006 and 2013, and that the overall school drop-out rate fell from 6.5 per cent in 2005 to 1.51 per cent in 2013. However, the Committee noted the Avelino Siñani-Elizardo Pérez Act No. 070 of 20 December 2010 and the Strategic Institutional Plan (PEI) to ensure that children have access to universal education, including initial and vocational education and the transition from primary to secondary school.

The Committee notes the Government’s indication that the Juancito Pinto programme has resulted in a decrease in school failure and that the drop-out rate was 2.2 per cent in 2016 for primary school and 4.9 per cent for secondary school. The Committee also notes the statistics provided by UNESCO according to which the net school enrolment rate in primary school fell from 90.11 per cent in 2013 to 88.48 per cent in 2015, and rose slightly for secondary school from 75.73 per cent in 2013 to 77.58 per cent in 2015. Noting the persistence of the gap between the school attendance rates in primary and secondary school, the Committee requests the Government to renew its efforts to improve the operation of the education system and to increase the rate of school attendance in primary and secondary education, including within the framework of the Juancito Pinto programme and the PEI. It requests the Government to continue providing information on the results achieved in this respect, including updated statistics on the attendance and drop-out rates in primary and secondary school.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted previously that the revised list of hazardous types of work under section 136 of the Code for Children and Young Persons of 17 July 2014 includes the work of street children and it requested the Government to indicate the manner in which the Code protects street children from the worst forms of child labour.

The Committee notes the Government’s indication that the transitional provisions of the Code for Children and Young Persons require autonomous departments and municipal authorities to implement prevention and support programmes for street children and young persons for the restitution of their fundamental rights. In this context, the Government indicates that, with the support of UNICEF and the coordination of the National Promotion Committee, a protocol has been developed for the prevention and support for street children and young persons. This protocol, intended for all public officials and employees of private institutions who are participating in prevention and support measures for street children, establishes a basic structure for the assistance and prevention network. The Committee welcomes the adoption of the protocol and requests the Government to provide information on its implementation and the specific results achieved in protecting street children from the worst forms of child labour.

2. Indigenous children. In its previous comments, the Committee noted the statistical information concerning the measures taken to restore the social and labour rights of Guarani children. However, it noted that these statistics did not include information on the programmes and legislative measures taken to assist Guarani children. The Committee noted that the Plan of Action 2013–17 with UNICEF had the objective of providing specific attention to the children of indigenous peoples, including through the development of strategic policies, education and vocational programmes in indigenous languages and collaboration with indigenous groups and children.

The Committee notes with regret that the Government’s report does not reply to these earlier comments. The Committee once again reminds the Government that the children of indigenous peoples are often victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour, including in cooperation with UNICEF. It once again requests the Government to provide information on the measures adopted to prevent these children from becoming involved in situations of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.