2019 Findings on the Worst Forms of Child Labor: Bolivia

 
In 2019, Bolivia made a moderate advancement in efforts to eliminate the worst forms of child labor. The Ministry of Justice trained judges and prosecuting attorneys on conducting trials in cases of human trafficking. In addition, the government carried out anti-human trafficking awareness campaigns to educate students throughout the country, and the Ombudsman's Office published an evaluation of its efforts to prevent trafficking of children and adolescents, identifying key areas for improvement. However, children in Bolivia engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and in mining. Children also perform dangerous tasks in agriculture, including in the production of sugarcane. Although Bolivian law requires that apprentices attend school, it does not set a minimum age for participation in apprenticeships. In addition, Article 1 of Supreme Decree No. 1875 sets the minimum age for compulsory military service at 17 years, which does not comply with international standards. During the reporting period, political crisis and the implementation of a transitional government may have affected efforts to eradicate the worst forms of child labor.
I. Prevalence and Sectoral Distribution of Child Labor

Children in Bolivia engage in the worst forms of child labor, including in mining and commercial sexual exploitation, sometimes as a result of human trafficking. (1,2) Table 1 provides key indicators on children's work and education in Bolivia.

Table 1. Statistics on Children’s Work and Education

Children

Age

Percent

Working (% and population)

7 to 14

10.3 (187,409)

Working children by sector

7 to 14

 

Agriculture

 

83.0

Industry

 

4.4

Services

 

12.6

Attending School (%)

7 to 14

98.2

Combining Work and School (%)

7 to 14

9.4

Primary Completion Rate (%)

 

94.8

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (3)
Source for all other data: International Labor Organization's analysis of statistics from Encuesta Continua de Hogares (ECH), 2018. (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

Agriculture

Planting and harvesting corn and peanuts (5)

 

Production and harvesting of Brazil nuts/chestnuts† and sugarcane† (5,6)

 

Ranching and raising cattle† and plucking chickens (2,7,8,9)

Industry

Mining† of gold, silver, tin, and zinc (1,6,10,11)

 

Construction,† including heavy lifting and shoveling (2,7)

 

Production of bricks† (2,6,12)

Services

Street vending, juggling, shoe shining, and assisting transportation operators (7,9,13-15)

 

Cleaning cemeteries (grave sites) and hospitals† (6,14-16)

 

Domestic work (7,17)

 

Restaurant work, activities unknown; selling alcohol (6,10)

Categorical Worst Forms of Child Labor‡

Forced labor in ranching, and in the production and harvesting of Brazil nuts and sugarcane (17,18)

 

Forced begging, and forced labor in mining and domestic service (2,7,8,17-19)

 

Commercial sexual exploitation, sometimes as a result of human trafficking (7,20,21)

 

Use in illicit activities, including robbery and producing or transporting drugs (8,17,18)

† 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 in the Departments of Beni, Pando, Santa Cruz, and Tarija. (1) Indigenous children are particularly vulnerable to the worst forms of child labor. Some indigenous Guaraní families live in debt bondage and work on ranches, including raising cattle, in the Chaco region of Bolivia. (17) In Tarija, the sugar cane and Brazil nut harvest seasons attract over 3,000 internal migrants—many of them children—who are vulnerable to forced labor and human trafficking. (18)

The cultural practice known as padrinazgo, which involves rural families sending their children to urban areas to live with individuals for better access to education, social services, and food, often leads to forced labor, including in domestic work and third-party businesses. Girls, on average age 14, were found to be engaged in commercial sexual exploitation in El Alto. (7) Civil society reported that the commercial sexual exploitation of Bolivian children thrives due to the strength of the legal sex industry in Bolivia, the persistence of poverty, cultural norms that contribute to the denigration of women and girls, and the demand for child sex tourism. (7,21) Bolivian children are also subjected to commercial sexual exploitation and forced labor both within the country and abroad. (17) The government does not have a system in place to track data on forced child labor, commercial sexual exploitation of children, or engagement of children in illicit activities. (7)

Bolivian law requires children to attend school up to age 17. Attendance rates for secondary education remain low in rural areas. (7,23)

In 2019, Bolivia experienced deep political crisis following the October 20 presidential and legislative elections. (24) After several weeks of protests, on November 10, then-president Evo Morales resigned over allegations that he stole the elections and he subsequently fled the country. A transitional government, endorsed by Bolivia's Constitutional Court, assumed power several days later. (24,25) This crisis may have affected efforts to eradicate the worst forms of child labor. Under the Morales administration, Venezuelan children were denied refugee status and were therefore denied access to education, increasing their vulnerability to labor exploitation. (7)

II. Legal Framework for 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

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Bolivia's legal framework to adequately protect children from the worst forms of child labor, including the prohibition of military recruitment.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

14

Articles 8 and 58 of the General Labor Law; Article 129 of the Child and Adolescent Code; Sentence 0025/2017 of the Plurinational Constitutional Tribunal; Article 3 of Law No. 1139 (26-29)

Minimum Age for Hazardous Work

Yes

18

Articles 58–59 of the General Labor Law; Articles 5 and 136 of the Child and Adolescent Code (26,27)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Article 136 of the Child and Adolescent Code (27)

Prohibition of Forced Labor

Yes

 

Articles 15, 46, and 61 of the Constitution; Article 291 of the Penal Code; Article 34 of the Comprehensive Law against Human Trafficking and Smuggling (30-32)

Prohibition of Child Trafficking

Yes

 

Article 15 of the Constitution; Article 34 of the Comprehensive Law against Human Trafficking and Smuggling (30,32)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 34–35 of the Comprehensive Law against Human Trafficking and Smuggling (32)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 56 of the Law on Coca and Controlled Substances (33)

Minimum Age for Voluntary State Military Recruitment

Yes

16*

Articles 1–2 of the General Directive of Pre-Military Recruitment; Articles 2 and 7 of the Law of National Military Service (34,35)

Prohibition of Compulsory Recruitment of Children by (State) Military

No

 

Articles 108 and 249 of the Constitution; Article 1 of Supreme Decree No. 1875; Article 1 of Supreme Decree No. 21479 (30,36,37)

Prohibition of Military Recruitment by Non-state Armed Groups

No

   

Compulsory Education Age

Yes

17‡

Article 81 of the Constitution; Articles 1, 8–9, and 11–14 of the Avelino Siñani-Elizardo Pérez Education Law (30,38)

Free Public Education

Yes

 

Articles 17 and 81 of the Constitution; Article 1 of the Avelino Siñani-Elizardo Pérez Education Law; Article 115 of the Child and Adolescent Code (27,30,38)

* The minimum age for combat is 18 per Article 36 of the Law of National Military Service (34)
‡ Age calculated based on available information (30,38)

Although legislation was passed in 2018 to clarify the minimum age of work in Bolivia as 14 years, because the minimum age for work is still lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (27,29) The Child and Adolescent Code allows children ages 14 to 18 to work with authorization from the Offices of the Child Advocate on the conditions that the work is not precarious to the child's well-being and is not conducted for more than 8 hours a day and 40 hours a week. (29)

Although Bolivian law requires that apprentices attend school, it does not set a minimum age for participation in apprenticeships. (26) Articles 108 and 249 of the Constitution require Bolivian males to perform compulsory military service in accordance with national law. (30) Article 1 of Supreme Decree No. 1875, passed in 2014, lowered the minimum age at which compulsory military service may begin from age 18, as previously established, to age 17, which does not comply with international standards. (36,37)

The free online Word HTML converter helps you get rid of the dirty code when converting documents for the web.

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Labor (MOL) that may hinder adequate enforcement of child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor (MOL)

Enforces child labor laws, in part through its Fundamental Rights Unit, which also addresses forced labor of indigenous peoples. (39) Refers cases to the Labor Courts for adjudication of penalties and unpaid wages. (8) Engages municipal Offices of the Child Advocate to ensure the protection of children's rights. (2,40) Assists in the implementation of the Child and Adolescent Code. (2,27)

Municipal Offices of the Child Advocate

Authorizes children from the age of 14 to engage in work and registers them in the government's Child and Adolescent Information System (SINNA), pursuant to the Child and Adolescent Code. Protects the rights and welfare of children, including by accompanying child labor inspectors and referring criminal child labor cases to prosecutors and for social services. (2,27)

Prosecutor's Office

Enforces criminal laws against forced labor, trafficking of children, commercial sexual exploitation, and the use of children in illicit activities at a departmental level in coordination with the Attorney General. (2,41)

Ministry of Justice and Transparency

Administers SINNA, in which municipal Offices of the Child Advocate register children ages 14 and up to work, as required by the Child and Adolescent Code. (27,29)

Attorney General's Office

Oversees all human trafficking investigations and prosecutions on a national level. (41) Through its National Coordinator's Office oversees regional prosecutors who, in conjunction with the Bolivian National Police, pursue cases of human trafficking. Maintains a database of human trafficking cases. (41)

Bolivian National Police

Maintain the Special Force in the Fight Against Crime (FELCC), which runs the Trafficking in Persons Division, made up of 15 investigative human trafficking units, as well as the Police Unit for Migratory Control and Assistance, which patrols national borders. (42-45)

Following the 2018 amendment of the Child and Adolescent Code, Municipal Offices of the Child Advocate are now responsible for registering working children ages 14 and older in the government's Child and Adolescent Information System. (2,29) Reports indicate that up to 15 percent of municipalities in Bolivia lack an Office of the Child Advocate; many more are reported to lack sufficient resources and the capacity to perform their mandate and raise awareness of children's rights and their parents' obligations under the Code. (18) This lack of institutional coverage may leave certain children particularly vulnerable to child labor. (8,42,46)

In La Paz and Santa Cruz, Child Advocate Offices reported additional barriers to implementation of the registration section of the Code. These barriers include lack of cooperation from parents to register their working children and prohibitive financial obstacles to obtain the proper paperwork required for registration. (18)

Labor Law Enforcement

In 2019, labor law enforcement agencies in Bolivia took actions to combat child labor (Table 6). However, gaps exist within the operations of MOL that may hinder adequate labor law enforcement, including the lack of proper financial resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2018

2019

Labor Inspectorate Funding

Unknown (2)

$144,665 (7)

Number of Labor Inspectors

106 (2)

102 (7)

Inspectorate Authorized to Assess Penalties

No (2)

No (7)

Initial Training for New Labor Inspectors

Yes (2)

Yes (7)

Training on New Laws Related to Child Labor

Yes (2)

N/A (7)

Refresher Courses Provided

Unknown (2)

Unknown (7)

Number of Labor Inspections Conducted

4,426 (2)

145 (7)

Number Conducted at Worksite

Unknown (2)

Unknown (7)

Number of Child Labor Violations Found

Unknown (2)

Unknown (7)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown (2)

Unknown (7)

Number of Child Labor Penalties Imposed that Were Collected

Unknown (2)

Unknown (7)

Routine Inspections Conducted

Unknown (2)

Yes (7)

Routine Inspections Targeted

Unknown (2)

Yes (7)

Unannounced Inspections Permitted

Yes (2)

Yes (7)

Unannounced Inspections Conducted

Yes (2)

Yes (7)

Complaint Mechanism Exists

Yes (2)

Yes (7)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (2)

Yes (7)

In June 2019, the Ministry of Labor (MOL) held a press conference to reinforce that all Municipal Offices of the Child Advocate in all regions would be enforcing the new requirement that all working children ages 14 to 18 have the proper documentation, highlighting that the MOL would be coordinating inspections with the Ministry of Government and the Ministry of Justice. (47) The MOL also continued to use mobile inspection offices to augment the ability of inspectors to examine child labor issues. (7) Each mobile unit comprises two general labor inspectors and one child labor specialist who travel to mainly rural areas throughout the country to conduct unannounced inspections. (2) The mobile units also conducted workshops for students on their rights and protections as adolescent workers, including a workshop in June for 270 students. (48) However, the number of labor inspectors is likely insufficient for the size of Bolivia's workforce, which includes approximately 5.7 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Bolivia would employ about 380 labor inspectors. (49) The MOL reported that its budget was insufficient to conduct labor inspections. (7) The MOL also reported that data was not collected on inspections as it had been in previous years due to the political unrest in 2019. The MOL also diverted resources in order to create a child labor survey (yet to be implemented) and to make the necessary legal changes to reflect the increase in working age from 12 to 14. (24)

The MOL, Prosecutor's Office, and the Ministry of Justice do not have a consolidated database or systematized records of the number of violations found related to child labor. (2,7) Labor inspectors lack necessary resources to enforce labor laws, especially in the Chaco region. (50)

The government reported that children removed from child labor are referred to the municipal Offices of the Child Advocate for services, but information on the number of children referred for services is not publicly available. (2,7) Rural offices of the Child Advocate in municipalities throughout the country lack proper funding, personnel, and materials. While municipalities are required to allot a certain percentage of their budget to the Child Advocate's office, this percentage has decreased over the last few years. (2)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Bolivia took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal law enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2018

2019

Initial Training for New Criminal Investigators

Yes (2)

Unknown (7)

Training on New Laws Related to the Worst Forms of Child Labor

Yes (2)

Unknown (7)

Refresher Courses Provided

Unknown (2)

Unknown (7)

Number of Investigations

Unknown (2)

Unknown (7)

Number of Violations Found

Unknown (2)

Unknown (7)

Number of Prosecutions Initiated

52 (2)

Unknown (7)

Number of Convictions

Unknown (2)

Unknown (7)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Yes (41)

Unknown (7)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (2)

Yes (7)

In January 2019, the Ministry of Justice held a training for 350 justice sector workers, including judges and prosecuting attorneys, regarding specialized techniques and trials of trafficking in persons. (21) The Bolivian National Police also carried out training on its Manual for Investigating Trafficking in Persons Crimes in eight cities facing high risks of human trafficking due to either size or proximity to an international border. These training sessions lasted 2 days, with the second day dedicated to operational activities that involved visiting high-risk areas like bars, discotheques, and brothels; 400 police officers from the Trafficking in Persons Division and the Special Crime-Fighting Force were trained. (21) Of the 393 cases of trafficking in persons identified in 2019, 250 were victims under age 18. (21)

Despite these efforts, children rescued from the worst forms of child labor are often not referred to social services providers because some cities lack shelters and other social services for children. (18,20,50,51) Shelters maintained by departmental governments are underfunded and child victims were often cast out of shelters on the basis of fixed timelines—after spending the maximum number of days allowed—rather than an assessment of need. (20) The government did not report the number of children referred to receive social services. While children can report workforce abuse to the Child Advocate's Office, they rarely do. (18)

In addition, low rates of dedicated training on human trafficking hampered law enforcement efforts. The high rate of rotation among police, prosecutors, and judges—a standard practice to help combat corruption—leads to insufficient knowledge, lack of experience on human trafficking, and a judicial backlog for these types of cases. (50)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Commission for the Progressive Eradication of Child Labor

Coordinates national enforcement efforts on child labor issues. Led by MOL, and includes the ministries of Justice, Education, and Planning, and several NGOs. (2)

Plurinational System for the Comprehensive Protection of Children and Adolescents

Coordinates national efforts to manage and implement the Plurinational Plan for Children and Adolescents, the Coordinating Council for Children and Adolescents, and the Congress on Children's Rights. Evaluates and advises on national plans, public policies, reports, and budget allocation relating to children's and adolescents' rights. (27) In coordination with the National Institute of Statistics, monitors and updates SINNA. Led by the Ministry of Justice. (27)

Plurinational Council against Human Trafficking and Smuggling of Persons

Coordinates anti-trafficking efforts and implements national laws and policies on human trafficking and smuggling. (2,32,52) Chaired by the Minister of Justice and comprising eight ministries, the Public Advocate, and NGOs. (43) In 2019, as part of its role on the Council, the Ombudsman's Office launched an awareness-raising campaign to inform transport drivers on the importance of documentation control of children and adolescents to identify cases of trafficking in persons. (53) The Council met four times between March 2019 and February 2020. (21)

Department-Level Councils against Human Trafficking and Smuggling

Coordinates efforts of the Plurinational Council against Human Trafficking and Smuggling of Persons in Bolivia's nine departments. Comprising officials from the Special Force in the Fight Against Crime, MOL, the ministries of Migration and Education, the Human Rights Ombudsman's Office, and NGO representatives. (32,42,52)

In 2019, the MOL met with the Ibero-American General Secretariat in a cooperative meeting on best practices in labor issues, including the improvement of inspections, emphasizing the importance of working on the eradication of child labor, forced labor, and labor exploitation. (54) The ILO determined that the National Commission for the Progressive Eradication of Child Labor has not fulfilled its role as the central coordinating body, and its activities, while ongoing, have not resulted in any significant coordination. (2,24) Reports also indicate that some of the MOL's departmental sub-commissions on child labor have not been active, due in part to a lack of resources. (19,42)

The Comprehensive Law against Human Trafficking and Smuggling mandates that the Plurinational Council against Human Trafficking and Smuggling of Persons include NGOs. However, reports indicate that NGOs have not participated fully in this Council despite efforts to be included. (43) Reports also indicate that some Department-Level Councils against Human Trafficking and Smuggling have yet to develop department-level plans to combat human trafficking, as mandated by law. (8,32,52)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementing a new national action plan.

Table 9. Key Policies Related to Child Labor

Policy

Description

Bolivian General Plan for Economic and Social Development (2016–2020)

Sets goals for economic and social development including eliminating child labor. (54) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period.

National Action Plan to Combat Trafficking and Smuggling of Persons (2015–2020)

Established eight lines of action drawn from the original five core areas of the Plurinational Policy to Combat Trafficking and Smuggling of Persons, including building capacity and coordination among criminal law enforcement agencies. (20,41) Although the plan was refined in 2016, an updated version awaits approval and publication. (7) In 2019, the Ombudsman's Office (Defensoria del Pueblo) published a detailed report on its governmental role in preventing the trafficking of children and adolescents, identifying key areas for improvement such as documentation control in transportation. (55) The Ombudsman's Office also held its first virtual course on human trafficking in September. (56)

In 2019, on International Day Against Child Labor, the Committee for the Eradication of Prohibited Work, the Social Services Department, and civil society held a round table to discuss issues related to child labor. (9) Bolivia's national policy for addressing child labor, the National Plan for the Progressive Eradication of Child Labor (2000–2010), expired in 2010. (57)

VI. Social Programs to Address Child Labor

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including funding and adequacy of programs to address the full scope of the problem in all sectors and regions.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Juancito Pinto Subsidy Program†

Government program that provides a conditional cash transfer to all primary and some secondary school students to increase school attendance and reduce the dropout rate. In 2019, the program expanded to the region of Caracollo. (58)

Safe Terminal Program

A child sex tourism prevention campaign launched by the Bolivian government in 2018, which includes training, awareness activities, and informational workshops for officials of transport and accommodation companies in the city of La Paz. (20) In the department of Tarija, the campaign focuses on the development and implementation of codes of ethics and conduct to promote children's rights in private sector companies' corporate social responsibility programs. (20) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

Human Rights of Children Working in Sugarcane, Brazil Nuts, and Mining†

Human Rights Ombudsman's Office program that promotes the elimination of the worst forms of child labor, along with labor and social protections for working adolescents ages 14 to 17. Program implementation continued in 2019. (24)

Bolivian Foreign Trade Institute's Triple Seal Initiative

Ministry of Labor collaboration with the Bolivian Institute of Standardization and Quality, UNICEF, and ILO to develop a voluntary certification program that recognizes companies that comply with Bolivian law and ILO conventions on child labor, forced labor, and worker discrimination in the production of their goods. (42) The program remained active in 2019. (21)

Child Trafficking Awareness-Raising Campaigns†

Government program implemented with the Bolivian Network for the Fight Against Human Trafficking and Smuggling that conducts awareness-raising campaigns to educate the public about the Comprehensive Law against Human Trafficking and Smuggling. (40) The Ministry of Education carried out training in 2019 on preventing trafficking in persons to 70 school directors and 100 parents of local schoolchildren in towns near international borders at which the risk of child trafficking is high. (21) On July 30th for World Day Against Human Trafficking, the Bolivian National Police organized an awareness-raising march and cultural program across 4 departments involving approximately 27,000 students called "My Life Has Value, My Body Does not Have a Price–United Against Trafficking in Persons." (21) In 2019, the Ombudsman's Office carried out an anti-trafficking in persons campaign for 4,428 elementary and secondary children, created and disseminated audiovisual spots for trafficking in persons prevention campaigns for youth, and organized awareness-raising marches with students in several cities. (21,53)

† Program is funded by the Government of Bolivia.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (2,19,59,60)

Although Bolivia has programs that target child labor, the scope of these programs is insufficient to address the extent of the problem, particularly in the production of Brazil nuts and sugarcane, ranching and cattle raising, mining, domestic work, street work, and commercial sexual exploitation. (19) Although the Juancito Pinto subsidy program continues to expand and has been effective in rural areas, reports indicate that the $29 per year subsidy is insufficient to meaningfully cover costs, such as transportation, associated with attending school in larger cities. For example, reports indicate that costs associated with attending school in La Paz's sister city, El Alto, may reach $410 per year. (19)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Bolivia (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that the law prohibits children under the age of 14 from participating in apprenticeships.

2010 – 2019

 

Ensure that the law establishes 18 as the minimum age for compulsory recruitment by the state military and criminally prohibits the recruitment of children under age 18 into non-state armed groups.

2015 – 2019

 

Raise the minimum age for work to the age up to which education is compulsory.

2018 – 2019

Enforcement

Authorize the labor inspectorate to assess penalties for child labor, including its worst forms.

2015 – 2019

 

Publish information on child labor law enforcement, including whether inspectors received refresher training, the number of inspections conducted at worksites, the number of child labor violations as a result of inspections, and the number of penalties imposed and collected.

2009 – 2019

 

Increase the number of labor inspectors responsible for enforcing laws on child labor to meet the ILO's technical advice.

2013 – 2019

 

Provide sufficient funding to increase the Ministry of Labor's capacity to ensure the adequate enforcement of child labor laws.

2013 – 2019

 

Ensure that there are systematized records or a consolidated database on the number of violations found related to child labor.

2019

 

Establish and maintain in every municipality an Office of the Child Advocate with sufficient resources to ensure that legal protections are extended to all children who are permitted to work, that parents are assisted in registering their children for work, and that coordination of the provision of services to children who are removed from child labor, including its worst forms, occurs in each region.

2014 – 2019

 

Ensure that Offices of the Child Advocate publicly report on the number of children authorized to work and the number of children rescued from child labor and referred for social services.

2015 – 2019

 

Publish information on training for criminal investigators, including whether they receive training on the worst forms of child labor and refresher training; the number of criminal child labor investigations, violations found, prosecutions initiated, convictions, and whether penalties were imposed for violations of the worst forms of child labor.

2011 – 2019

 

Ensure that victims of the worst forms of child labor and human trafficking are not cast out of shelters due to fixed timelines.

2018 – 2019

 

Provide sufficient training, including training on human trafficking, to criminal law enforcement agencies to ensure adequate enforcement of laws related to the worst forms of child labor.

2015 – 2019

Coordination

Ensure that the National Commission for the Progressive Eradication of Child Labor fulfills its central coordinating role and develops concrete mechanisms to improve coordination among participating agencies and organizations.

2009 – 2019

 

Ensure that all Ministry of Labor departmental sub-commissions designed to combat child labor convene and receive sufficient resources to carry out their functions.

2014 – 2019

 

Ensure that NGOs participate in the Plurinational Council to Combat the Trafficking and Smuggling of Persons, as required by the Comprehensive Law against Human Trafficking and Smuggling.

2014 – 2019

 

Ensure that all Department-Level Councils against Human Trafficking are fully operational as required by the Comprehensive Law against Human Trafficking and Smuggling.

2014 – 2019

Government Policies

Establish and implement a new National Plan for the Progressive Eradication of Child Labor.

2010 – 2019

 

Ensure that all policies that address child labor are active and take actions each reporting period, including the Bolivian General Plan for Economic and Social Development.

2019

 

Approve and publish an updated version of the National Action Plan to Combat Trafficking and Smuggling of Persons.

2019

Social Programs

Expand national programs, especially those targeting children in rural areas to increase secondary school attendance.

2010 – 2019

 

Increase the Juancito Pinto subsidy to ensure that schoolchildren are able to cover the costs associated with attending school.

2014 – 2019

 

Expand social programs to address the worst forms of child labor at sites in which hazardous child labor exists, particularly in the production of Brazil nuts and sugarcane, ranching and cattle raising, mining, domestic work and street work, and commercial sexual exploitation.

2009 – 2019

 

Ensure that all social programs that address the worst forms of child labor are active and publish information on activities each reporting period.

2019

References
  1. ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Bolivia (ratification: 2003) Published: 2015. Accessed January 18, 2015.
    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3186215:NO.

  2. U.S. Embassy- La Paz. Reporting. February 13, 2019.

  3. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
    http://data.uis.unesco.org/.

  4. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Encuesta Continua de Hogares (ECH), 2018. Analysis received March 2020. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.

  5. Verite. Research on Indicators of Forced Labor in the Supply Chains of Brazil Nuts, Cattle Corn, and Peanuts in Bolivia. 2013.
    https://www.verite.org/wp-content/uploads/2016/11/Research-on-Indicators-of-Forced-Labor-in-the-Bolivia-Brazil-nut-Cattle-Corn-and-Peanut-Sectors__9.19.pdf.

  6. U.S. Department of State. Country Reports on Human Rights Practices- 2019: Bolivia. Washington, DC, March 11, 2019.
    https://www.state.gov/wp-content/uploads/2020/02/BOLIVIA-2019-HUMAN-RIGHTS-REPORT.pdf.

  7. U.S. Embassy- La Paz. Reporting. February 19, 2020.

  8. U.S. Embassy-La Paz. Reporting. January 13, 2017.

  9. Correo del Sur. Tres niños trabajaban toda la noche en granja avícola. April 15, 2018.
    http://correodelsur.com/local/20180415_tres-ninos-trabajaban-toda-la-noche-en-granja-avicola.html.

  10. Bocking, David. Bolivia: The Proud Child Laborers. Spiegel Online, Accessed November 3, 2017.
    http://www.spiegel.de/international/tomorrow/child-labor-in-bolivia-is-legally-permissable-a-1130131.html.

  11. Correo del Sur. Tres de cada diez niños trabajan en Chuquisaca. December 6, 2019.
    https://correodelsur.com/local/20190612_tres-de-cada-diez-ninos-trabajan-en-chuquisaca.html.

  12. Meier, M. In Bolivia, Legitimizing Child Labor [video]. New York Times, December 19, 2015.
    http://www.nytimes.com/video/world/americas/100000003982850/in-bolivia-legitimizing-child-labor.html?partner=rss&emc=rss.

  13. Ertl, M. Union Kids. Latterly Magazine, February 17, 2015.
    http://latterlymagazine.com/union-kids/.

  14. Peredo, Nelson. La realidad supera a la ley en la lucha contra el trabajo infantil. Los Tiempos, December 6, 2017.
    http://www.lostiempos.com/especial-multimedia/20170612/realidad-supera-ley-lucha-contra-trabajo-infantil.

  15. Carpio, Edwin. El estado Boliviano esta en deuda con todos los ninos. Los Tiempos, April 11, 2017.
    http://www.lostiempos.com/tendencias/bienestar/20170411/estado-boliviano-esta-deuda-todos-ninos.

  16. Valecillos, Lucas. Pequeños sepultureros. El Periodico, September 27, 2017.
    http://www.elperiodico.com/es/mas-periodico/20160612/pequenos-sepultureros-bolivia-5191024.

  17. U.S. Department of State. Trafficking in Persons Report- 2018: Bolivia. Washington, DC, June 2018.
    https://www.state.gov/reports/2018-trafficking-in-persons-report/bolivia/.

  18. U.S. Embassy- La Paz. Reporting, January 19, 2018.

  19. U.S. Embassy- La Paz. Reporting. January 15, 2016.

  20. U.S. Embassy- La Paz. Reporting. March 8, 2019.

  21. U.S. Embassy- La Paz. Reporting. March 6, 2020.

  22. U.S. Department of State. Trafficking in Persons Report- 2015: Bolivia. Washington, DC, July 27, 2015.
    https://2009-2017.state.gov/j/tip/rls/tiprpt/countries/2015/243399.htm.

  23. ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Bolivia (ratification: 2003). Published: 2015.
    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3186211:NO.

  24. U.S. Embassy- La Paz. E-mail communication to USDOL official. June 23, 2020.

  25. The Guardian. Bolivia crisis: how did we get here and what happens next? November 15, 2019.
    https://www.theguardian.com/world/2019/nov/15/bolivia-crisis-what-happens-next-evo-morales.

  26. Government of Bolivia. Ley General del Trabajo. Enacted: December 8, 1942.
    http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46218/65057/S92BOL01.htm#t4c6.

  27. Government of Bolivia. Código Niño, Niña y Adolescente, Ley 548. Enacted: July 17, 2014.
    http://www.gacetaoficialdebolivia.gob.bo/.

  28. Tribunal Constitucional Plurinacional. Sentencia Constitucional Plurinacional 0025/2017. July 27, 2017. Source on file.

  29. Government of Bolivia. Ley No 1139, Ley de Modificación Código NNA Enacted: December 20, 2018.
    http://www.derechoteca.com/gacetabolivia/ley-no-1139-del-20-de-diciembre-de-2018/.

  30. Government of Bolivia. Nueva Constitución Política del Estado. Enacted: February 9, 2009.
    http://pdba.georgetown.edu/Constitutions/Bolivia/constitucion2009.pdf.

  31. Government of Bolivia. Código Penal y Código de Procedimiento Penal. Enacted: 2010.
    https://www.unodc.org/res/cld/document/bol/codigo-penal_html/Bolivia_Codigo_Penal.pdf.

  32. Government of Bolivia. Ley Integral Contra la Trata y Tráfico de Personas, Ley 263. Enacted: July 31, 2012.
    http://bolivia.infoleyes.com/shownorm.php?id=3946.

  33. Government of Bolivia. Ley del Régimen de la Coca y Sustancias Controladas, 1008. Enacted: July 19, 1988.
    https://www.lexivox.org/norms/BO-L-1008.html.

  34. Government of Bolivia. Ley del Servicio Nacional de Defensa. Enacted: August 1, 1966.
    http://www.resdal.org/Archivo/bolivia-ley-servicio-nacional-defensa.htm.

  35. Government of Boliva. Directiva General de Reclutamiento para el Servicio Premilitar No. 12/13 Categoria 2013–2014.
    http://www.mindef.gob.bo/mindef/sites/default/files/Servicio_Premilitar.htm.

  36. Government of Bolivia. Decreto Supremo Nº 1875. Enacted: January 23, 2014.
    http://www.cepb.org.bo/calypso/juridica/adjuntos/ds_1875.pdf.

  37. Government of Bolivia. Decreto Supremo Nº 21479. Enacted: December 17, 1986.
    http://www.derechoteca.com/gacetabolivia/decreto-supremo-21479-del-17-diciembre-1986/.

  38. Government of Bolivia. Ley de Educación Avelino Siñani-Elizardo Pérez, No. 070. Enacted: November 8, 2010.
    http://www.oei.es/quipu/bolivia/Leydla .pdf.

  39. Ministerio de Trabajo Empleo y Previsión Social - Unidad de Derechos Fundamentales. Contribución a la Erradicación Progresiva del Trabajo Infantil. Accessed January 18, 2015.
    http://www.mintrabajo.gob.bo/Descargas/UDF/CONTRIBUCION_A_LA_ERRADICACION_PROGRESIVA_DEL_TRABAJO_INFANTIL.pdf.

  40. U.S. Embassy- La Paz official. E-mail communication to USDOL official. June 21, 2016.

  41. U.S. Embassy- La Paz official. E-mail Communication to USDOL official. July 2, 2019.

  42. U.S. Embassy- La Paz. Reporting, February 12, 2015.

  43. U.S. Embassy- La Paz. Reporting, March 6, 2015.

  44. Government of Bolivia. Unidad Policial de Apoyo al Control Migratorio (UPACOM). Migracion.gob.bo. Accessed March 7, 2015. Source on file.

  45. Government of Bolivia. División Trata y Tráfico de Personas. Accessed June 10, 2020.
    http://www.felcc.gob.bo/D_Trata_Traf_Ser_Humanos.aspx.

  46. Lind, P., and L. Paz. How Bolivia's Children Are Being Exploited by a Failing Labor Law. Time.com, May 12, 2016.
    http://time.com/4322522/bolivia-child-labor-law-la-paz-unatsbo/.

  47. Government of Bolivia. Ministerio de Trabajo pone en vigencia formulario de autorizacion del trabajo adolescente. June 12, 2019.
    https://www.mintrabajo.gob.bo/index.php/comunicacion/945-ministerio-de-trabajo-pone-en-vigencia-formulario-de-autorización-del-trabajo-adolescente.html.

  48. Government of Bolivia. En el municipio de Reyes mas de 270 jovenes participarion en talleres sobre derechos laborales. June 3, 2019.
    https://www.mintrabajo.gob.bo/index.php/comunicacion/934-en-el-municipio-de-reyes-más-de-270-jóvenes-participaron-en-talleres-sobre-derechos-laborales.html.

  49. CIA. The World Factbook. Accessed February 26, 2018.
    https://www.cia.gov/Library/publications/the-world-factbook/rankorder/2095rank.html.

  50. U.S. Embassy- La Paz. Reporting, February 1, 2018.

  51. U.S. Embassy- La Paz official. E-mail communication to USDOL official. July 3, 2018.

  52. Government of Bolivia - Consejo Plurinacional Contra la Trata y Tráfico de Personas. Política Plurinacional de Lucha Contra la Trata y Tráfico de Personas 2013-2017. 2014.
    http://saludpublica.bvsp.org.bo/cc/bo40.1/documentos/588.pdf.

  53. Government of Bolivia. Defensoria del pueblo destaca plan de prevencion de la trata del viceministerio de seguridad ciudadana. December 4, 2019.
    https://www.defensoria.gob.bo/noticias/defensoria-del-pueblo-destaca-plan-de-prevencion-de-la-trata-del-vicemnisterio-de-seguridad-ciudadana.

  54. Government of Bolivia. Economic and Social Development Plan (2016–2020). December 2015.
    http://www.fndr.gob.bo/bundles/fndrdemo/downloads/pdes/pdes2016-2020.pdf.

  55. Government of Bolivia_Defensoria del Pueblo. Rol estatal en el control de documentos como mecanismo de prevencion de la trata y trafico de ninas, ninos, y adolescentes. 2019.
    https://www.defensoria.gob.bo/uploads/files/rol-estatal-en-el-control-de-documentos-como-mecanismo-de-prevencion-de-la-trata-y-trafico-de-ninyas,-ninyos-y-adolescentes.pdf.

  56. Government of Bolivia. Defensoria del pueblo concluye primer curso virtual sobre trata de personas. September 30, 2019.
    https://www.defensoria.gob.bo/noticias/defensoria-del-pueblo-concluye-primer-curso-virtual-sobre-trata-de-personas.

  57. Inter-Institutional Commission for the Eradication of Child Labor. Plan de erradicación progresiva del trabajo infantil: 2000–2010. November 2001.
    http://white.lim.ilo.org/ipec/documentos/planbo.pdf.

  58. Government of Bolivia. Viceministro Iván Bascopé inició el pago del "Bono Juancito Pinto" a niños de Caracollo. October 23, 2019.
    https://www.mintrabajo.gob.bo/index.php/comunicacion/1170-viceministro-iván-bascopé-inició-el-pago-del-"bono-juancito-pinto"-a-niños-de-caracollo.html.

  59. U.S. Embassy La Paz official. E-mail communication to USDOL official. April 10, 2019.

  60. Inter-American Development Bank. Bolivia - Programa de Apoyo al Empleo II - Perfil de Proyecto. 2016.
    http://idbdocs.iadb.org/wsdocs/getdocument.aspx?docnum=40369655.