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Bolivia MODERATE ADVANCEMENT Bolivia MODERATE ADVANCEMENT In 2013, Bolivia made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government created regional sub-commissions to lead efforts to combat the worst forms of child labor in high-risk regions. The labor inspectorate increased its number of child labor inspections by over 100, and rescued 400 children under age 14 from child labor in the Santa Cruz area. In addition, the Government of Bolivia increased funding for a conditional cash transfer program aimed at bolstering school attendance. However, children continue to engage in child labor in agriculture and in the worst forms of child labor in mining. Child labor inspections remain insufficient relative to the scope of the problem, and the Government does not make key information publicly available, such as statistics on child trafficking cases or penalties applied to employers for child labor violations. The Government’s National Plan to Eradicate Child Labor expired in 2010 and has not been updated. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in Bolivia are engaged in child labor in agriculture and in the worst forms of child labor in mining. Research indicates that many children work in the informal sector. However, specific activities related to children’s work in the informal sector are unknown. Indigenous children are particularly vulnerable to the worst forms of child labor.(1, 2) Table 1 provides key indicators on children’s work and education in Bolivia. Table 1. Statistics on Children’s Work and Education Figure 1. Working Children by Sector, Ages 7-14 Children Age Percent Working (% and population) 7-14 yrs. 20.2 (388,541) Services 21.2% Attending School (%) 7-14 yrs. 96.2 Combining Work and School (%) 7-14 yrs. 18.7 Agriculture Industry 70.9% 7.9% Primary Completion Rate (%) 92.3 Source for primary completion rate: Data from 2011, published by UNESCO Institute for Statistics, 2014.(3) Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Encuesta Continua de Hogares Survey, 2009.(4) Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity. Table 2. Overview of Children’s Work by Sector and Activity Sector/Industry Activity Planting and harvesting corn, cotton*† and peanuts* (1, 5-9) Agriculture Production and harvesting of sugarcane† and Brazil nuts† (1, 2, 8-15) Raising cattle* (1, 7) Mining† of gold†, silver, tin, and zinc (2, 6, 8, 14-16) Industry Production of bricks (5-7, 17) Street work, including vending, shoe shining, and working as transportation assistants (6-9, 12, 14, 18) Recycling garbage* (7) Services Construction, activities unknown (12, 14, 19) Domestic service (1, 7, 8, 14, 20) 2013 FINDINGS ON THE WORST FORMS OF CHILD LABOR 89 Bolivia MODERATE ADVANCEMENT Table 2. Overview of Children’s Work by Sector and Activity (cont) Sector/Industry Activity Forced labor in mining, domestic service, and the production and harvesting of sugarcane and Brazil nuts (1, 2, 8-11, 14, 20-24) Categorical Worst Forms Forced labor and debt bondage in agriculture, activities unknown (1, 9, 20, 22, 23) of Child Labor‡ Domestic service,* and mining,* sometimes as a result of human trafficking (9, 24, 25) Commercial sexual exploitation,* sometimes as a result of human trafficking*(9, 24, 25) * Evidence of this activity is limited and/or the extent of the problem is unknown. † Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182. ‡ Child labor understood as the worst forms of child labor per se under Article 3(a) – (c) of ILO C. 182. Children produce and harvest sugarcane and Brazil nuts principally in the departments of Pando, Beni, Santa Cruz, and Tarija, although recent efforts and other factors have reportedly reduced the prevalence of child labor in these sectors.(1, 2, 9-15, 21-23) Some indigenous Guaraní families live in debt bondage and work on ranches, including cattle ranches, in the Chaco region.(1, 2, 5, 9, 12) Based on reports, this practice may have been reduced in recent years partially due to increased attention to the region and land tenure reform.(12) Bolivian families reportedly sell or rent their children to work in agriculture and mining near border areas with Peru.(24, 25) Bolivian children have reportedly been trafficked to Argentina where they are victims of forced labor in the production of textiles, grapes and in the sugar industry.(1, 25, 26) II. LEGAL FRAMEWORK ON THE WORST FORMS OF CHILD LABOR Bolivia has ratified all key international conventions concerning child labor (Table 3). Table 3. Ratification of International Conventions on Child Labor Convention Ratification ILO C. 138, Minimum Age ILO C. 182, Worst Forms of Child Labor UN CRC UN CRC Optional Protocol on Armed Conflict UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography Palermo Protocol on Trafficking in Persons Bolivia ratified ILO C. 189 Convention Concerning Decent Work for Domestic Workers on April 15, 2013.(27) The Government has established relevant laws and regulations related to child labor, including its worst forms (Table 4). Table 4. Laws and Regulations Related to Child Labor Standard Yes/No Age Related Legislation Minimum Age for Work Yes 14 Article 126 of the Child and Adolescent Code (28) Minimum Age for Hazardous Work Yes 18 Article 2, 133 of the Child and Adolescent Code (28) List of Hazardous Occupations Yes Article 134 of the Child and Adolescent Code (28) Prohibited for Children Prohibition of Forced Labor Yes Article 61 of the Constitution; Comprehensive Law against Human Trafficking and Smuggling (29, 30) Prohibition of Child Trafficking Yes Comprehensive Law against Human Trafficking and Smuggling (30) Prohibition of Commercial Sexual Yes Comprehensive Law against Human Trafficking and Smuggling (30) Exploitation of Children Prohibition of Using Children in Illicit Yes Comprehensive Law against Human Trafficking and Smuggling (30) Activities UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS 90 Bolivia MODERATE ADVANCEMENT Table 4. Laws and Regulations Related to Child Labor (cont) Standard Yes/No Age Related Legislation Minimum Age for Compulsory Military Yes 18 Article 11 of the Law of Military Service; Article 108 of the Recruitment Constitution (29, 31) Minimum Age for Voluntary Military Yes 16 Law of Military Service; General Directive of Premilitary Service Recruitment (31-33) Compulsory Education Age Yes 17 Article 81 of the Constitution (29) Free Public Education Yes Article 81 of the Constitution; Avelino Siñani-Elizardo Pérez Education Law (29, 34) In June 2013, the departmental government of Santa Cruz drafted the implementing regulations for Law 046, the Departmental Law on Elimination of Child Labor and Protection of Working Adolescents. The regulations establish mechanisms for implementing the law and reinforce the implementation of the departmental plan for the elimination of child labor.(35) Although the Labor Code and the Child and Adolescent Code regulate some aspects of apprenticeships to ensure child apprentices are able to attend school, the ILO Committee of Experts has noted that the law does not set a minimum age for apprenticeships.(28, 36, 37) III. ENFORCEMENT OF LAWS ON THE WORST FORMS OF CHILD LABOR The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms. Table 5. Agencies Responsible for Child Labor Law Enforcement Organization/Agency Role Ministry of Labor (MOL) Enforce child labor laws. Inspectors conduct unprompted inspections in areas identified by the government as having pervasive child labor.(18) Areas include the sugarcane-producing regions of Santa Cruz and Tarija-Bermejo, as well as the Brazil nut-producing areas of Riberalta, and the mining sectors of Potosí.(38-40) In other sectors and regions, MOL staff conduct inspections in response to complaints but do not proactively inspect workplaces.(18, 41, 42) MOL has authority to fine violators and send cases to labor courts and to municipal offices of the Defender of Children.(18, 21) MOL’s Fundamental Rights Unit has the specific responsibility to protect indigenous people and eradicate forced labor.(38) Labor Courts Enforce penalties for labor laws.(18) Attorney General’s Office Oversee all trafficking investigations. Maintain a special trafficking in persons unit that adjudicates cases in the criminal court system. Attorney General’s National Coordinator’s office coordinates all national prosecutors’ offices working on trafficking in persons cases. (25) Attorney General’s Coordinator of Specialized Units for the Prosecution of Human Trafficking and Smuggling, Sexual Crimes, and Gender- Based Violence maintains a trafficking cases database. Military Support anti-trafficking efforts by assisting police in detecting trafficking and child labor in border- crossing areas as required by the Comprehensive Law against Human Trafficking and Smuggling.(43) Defender of Children and Protect children’s rights and interests, often working with NGOs.(18, 21) Adolescents offices Bolivian National Police Address trafficking for sexual and labor exploitation by maintaining Special Police Investigative Units (SIUs) to address trafficking in persons for sexual and labor exploitation.(18, 40, 44) Maintained telephone hotlines for public to report child trafficking or commercial sexual exploitation of children.
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