Document #2111628
USDOS – US Department of State (Author)
The Government of Bolivia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore Bolivia was upgraded to Tier 2. These efforts included identifying the highest number of victims in six years, developing a victim identification protocol for front-line medical responders, investigating more cases, and convicting more traffickers. The government improved efforts to address labor trafficking by conducting inspections to proactively identify victims of labor trafficking and approving a victim identification protocol for labor inspectors. Authorities also worked with foreign counterparts to repatriate and support identified victims and coordinated effectively with civil society and international organizations to provide victim protection. However, the government did not meet the minimum standards in several key areas. Officials did not report referring victims to care, and specialized services remained scarce. The government did not report how many individuals it prosecuted for trafficking crimes, and the law did not criminalize all forms of child sex trafficking as defined in international law.
Refer victims to protection services and assist all trafficking victims nationwide, including men and boys. * Vigorously investigate and prosecute trafficking crimes, including those involving complicit officials, and seek adequate penalties for convicted traffickers, which should involve significant prison time. * Amend the anti-trafficking law to ensure that a demonstration of force, fraud, or coercion is not required to constitute a child sex trafficking offense. * Appoint specialized labor inspectors and expand training for labor inspectors on the recently approved victim identification protocol and the criminal referral of labor trafficking cases. * Expand training of officials on the use of established protocols for the proactive identification of trafficking victims among vulnerable populations and for the referral of victims to care services. * Proactively screen individuals in commercial sex and displaced Venezuelan migrants and other migrants, particularly those in high-risk areas, such as El Alto, for trafficking indicators and refer those identified to care. * Provide interpreters to assist law enforcement officials investigating cases of extraterritorial commercial sexual exploitation of children in popular tourist locations. * Increase the time law enforcement officials serve in anti-trafficking units to preserve institutional knowledge. * Expedite the issuance of humanitarian visas for victims of trafficking. * Train officials on the difference between migrant smuggling and human trafficking.
The government increased prosecution efforts. Law 263 of 2012 – the Comprehensive Law against Trafficking and Smuggling of Persons – criminalized labor trafficking and some forms of sex trafficking through amendments to Bolivia’s Criminal Code and prescribed penalties of 10 to 15 years’ imprisonment for adult trafficking and 15 to 20 years’ imprisonment for child trafficking. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with penalties for other grave crimes, such as rape. Inconsistent with the definition of trafficking under international law, the definition of trafficking under Article 281-bis required a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense and therefore did not criminalize all forms of child sex trafficking. Article 281-bis defined trafficking broadly to include illegal adoption without the purpose of exploitation, the sale of organs, and unlawful biomedical research. Article 321 of the Criminal Code criminalized pimping using force, fraud, or coercion and was used to prosecute sex trafficking crimes. The law prescribed penalties of 10 to 15 years’ imprisonment for crimes involving adults, 12 to 18 years’ imprisonment for crimes involving children ages 14 to 18, and 15 to 20 years’ imprisonment for crimes involving children younger than 14, which were sufficiently stringent and commensurate with penalties prescribed for other grave crimes, such as rape. Article 321 did not require a showing of force, fraud, or coercion for victims younger than 14 years of age but did require a demonstration of such means for offenses involving children ages 14 to 17. Additionally, Article 322 criminalized the purchase of sex with a minor and prescribed penalties of eight to 12 years’ imprisonment for crimes involving victims 14 to 17 years of age. Penalties increased by one-third for crimes involving children younger than 14. While the Criminal Code included separate criminal offenses for trafficking in persons and migrant smuggling, one government agency was responsible for both crimes, and that agency often conflated the two crimes in its collection of data and response to perpetrators and potential trafficking victims.
Reports indicated there were 197 individuals imprisoned for human trafficking and migrant smuggling crimes, compared with 164 in 2022 and 101 in 2021. It was unclear how many of those crimes may constitute human trafficking crimes as defined under international law. According to a report, between January and November 2023the Attorney General’s Office (AGO) opened 1,169 potential trafficking cases, but the report did not indicate how many individuals authorities prosecuted. The report indicated judicial authorities convicted and sentenced seven traffickers under law 263. Officials did not provide details on convictions or sentences in the previous reporting period making it difficult to assess progress, and the report did not provide details on the sentences traffickers received, making it difficult to assess if punishment was sufficiently stringent to deter the crime. An international organization indicated authorities convicted 107 potential traffickers in 2023, but given general conflation of the crime with other crimes, such as migrant smuggling, it was likely this number included cases that would not constitute human trafficking as defined under international law.
General backlogs in the judiciary, insufficient resources and personnel, and inadequate training of law enforcement officials hindered effective law enforcement efforts. In addition, police officials rotated into new positions every three months to one year, resulting in a cyclical loss of institutional knowledge and impeding specialization in the investigation of trafficking crimes. The government had specialized prosecutors in all nine departments focused on human trafficking and migrant smuggling cases; however, according to civil society organizations these prosecutors also prosecuted other crimes. Officials did not provide information on the activities of the specialized prosecutors in 2023. Authorities did not have dedicated funding to combat trafficking crimes, and the government devoted only 0.5 percent of the federal budget for the entire judicial system, which left entities combating trafficking crimes depleted and heavily under- resourced. In previous years, the majority of arrested suspects, including traffickers, served time in pre-trial detention without ever receiving a final sentence and often avoided justice by paying bribes to corrupt officials to avoid prosecution.
Corruption and official complicity in trafficking crimes remained significant concerns, inhibiting law enforcement action. The government did not report investigating, prosecuting, or convicting any government employees complicit in human trafficking crimes. However, media reports indicated a senior elected official was accused of exploiting three women and two girls in sex trafficking. According to reports, the alleged trafficker knowingly sought child victims exploited in commercial sex and may have offered some of the victims employment opportunities in the country’s senate chamber in exchange of sex acts. According to public reports, disciplinary and ethical actions may be under consideration. It was unclear if authorities took criminal actions in this case. In previous years, civil society organizations reported low-level official complicity in trafficking crimes persisted. The government, in partnership with international organizations, reported training law enforcement officials on the law and victim identification, including some in the Beni and Pando departments. Authorities trained law enforcement officials in the Tarija department on the identification of trafficking cases online.
The government maintained protection efforts. Reporting indicated officials identified 707 potential victims in 2023, of which 672 were Bolivian, two Venezuelan, two Colombian, two Brazilian, two Argentine, one Haitian, one Cuban, and 25 unknown; 458 were female, of which 300 were girls, 150 were women, and eight whose age was unknown; 228 were male, of which 90 were boys, 125 were men, and 13 whose age was unknown; and 21 others of unknown gender. This compared with 560 in 2022. These numbers included disappearances, and these individuals may not be victims of a trafficking crime as defined under international law. However, in 2023, an investigative report indicated 485 individuals were missing at the end of the year, and while there was no additional information on their whereabouts or indication these individuals were human trafficking victims, NGOs, international organizations, and other stakeholders noted a connection between forced disappearances of women and girls in cities like El Alto and La Paz and their subsequent exploitation in sex trafficking in brothels and establishments in red light districts. Officials did not report referring trafficking victims to care, but an NGO indicated authorities frequently referred victims to care. An NGO reported assisting 70 human trafficking victims during the year but did not provide additional information. Media reports noted a significant increase in Venezuelan trafficking victims and cases of trafficking facilitated by a Venezuelan transnational criminal gang. The government had a victim identification protocol and NRM; however, it was unclear if authorities used these tools consistently and effectively. The government’s legal framework and understanding of human trafficking, which overlapped with related crimes, such as general labor exploitation, sexual abuse, and migrant smuggling, led to conflation between crimes and stymied trafficking victim identification efforts. According to a report, the Ministry of Labor (MOL) approved a new victim identification protocol for labor inspectors, but it was unclear if training was provided on its use or if officials identified any labor trafficking victims using this protocol. In 2023, the Ministry of Health and Sports developed a victim assistance protocol for medical professionals, and separately trained 35 physicians in the Tarija Department on victim care.
There were five shelters to assist female trafficking victims, including three located and funded by department-level authorities in Cochabamba, Potosi, and Santa Cruz, and two NGO-operated shelters in La Paz. Law enforcement officials were often unable to secure safe accommodations for trafficking victims, particularly in departments without multi-use facilities. Law enforcement officers could provide support for temporary stays in hotels. The government did not provide specialized services to adult male victims and civil society actors reported male victims had difficulty accessing care. Authorities could refer underage male trafficking victims to NGOs, private shelters, and religious and faith-based organizations for assistance, but it did not report doing so.
The government had several mechanisms to encourage victims to cooperate in cases against traffickers, but officials did not report using these. Foreign victims who assisted in the prosecution against their traffickers could receive a humanitarian visa, but the process often took years and victims could not work legally during that time. While authorities did not report how many trafficking victims received humanitarian visas, if any, NGOs reported authorities treated foreign trafficking victims fairly and according to legal standards. Foreign victims had access to the same services as Bolivian victims. Government officials worked with their foreign counterparts to facilitate repatriation when victims sought to return home. The government had a protocol for the repatriation of victims identified abroad. In 2023, officials assisted 20 trafficking victims identified in Argentina, Brazil, Chile, Malaysia, and Peru and repatriated seven. The government had Gesell chambers in every department, and in lieu of testifying in person, victims could provide recorded testimony or submit a written statement to the court. Under Bolivian law, victims and prosecutors could request restitution for damages from the sentencing judge. When victims did not participate in the prosecution against the traffickers, they or prosecutors could still file restitution claims within three months of sentencing. The government did not report whether any victim or prosecutor sought restitution in trafficking cases.
The government maintained prevention efforts. The Plurinational Council against Human Trafficking and Smuggling, chaired by the Ministry of Justice, was responsible for coordinating anti-trafficking efforts at the national level. In 2023, authorities at the national and department level met 21 times, compared with 17 times in 2022. Two sub-ministerial units were responsible for coordinating anti-trafficking efforts at the technical level. According to reports, the government continued implementing the 2021-2025 NAP, which focused on prevention of the crime, victim protection and care, prosecution of traffickers, and improvement of international and national coordination. According to a report, authorities, with the support of international organizations, trained officials in all nine departments on human trafficking and migrant smuggling crimes. An international organization and civil society contacts reported authorities were working on updating the anti-trafficking law, but it was unclear what progress authorities made during the year. According to stakeholders, some of the changes would establish a funding mechanism for victim protection services, expropriation of assets of convicted traffickers, improve efforts to distinguish between trafficking and smuggling crimes, and include the Ministries of Defense and Public Works into the interinstitutional committee for the fight against trafficking.
The government had a federal registry of employment agencies; authorities required all agencies to be registered and provide the MOL with all recruitment and job placement records. However, authorities did not report reviewing or investigating any applications that raised trafficking concerns. Authorities trained civil servants and recruitment agencies on human trafficking. The MOL conducted 50 inspections in 2023, but officials did not report identifying any victims of forced labor. Authorities did not report training officials on the identification of forced labor victims. Authorities in the La Paz metropolitan area maintained a hotline for citizens and victims to report trafficking crimes; however, observers noted concern over the functionality of the hotline, as no one answered when they called. The government made efforts to reduce the demand for participation in extraterritorial sexual exploitation and abuse by foreign citizens in the country, including training individuals in the tourism sector, reaching out to university students, and conducting awareness campaigns while commemorating World Day Against Trafficking in Persons. The department of Cochabamba also had a hotline to report trafficking crimes. Authorities did not report identifying any victims or initiating any investigations as a result of calls to the hotlines. The government did not make efforts to reduce the demand for commercial sex acts. The Institute for Normalization of Quality, a semi-autonomous government agency, operated a “triple seal” certification program for sugar producers whose final products were certified to be free of child labor, discrimination, and forced labor. Officials did not report issuing new certifications in 2023, compared with 2022, when authorities issued the triple seal to the largest sugar producer in the country, responsible for 40 percent of the market.
As reported over the past five years, human traffickers exploit domestic and foreign victims in Bolivia, and traffickers exploit victims from Bolivia abroad. Traffickers exploit Bolivian adults and children in sex trafficking and forced labor within the country and abroad. To a more limited extent, traffickers exploited women from neighboring countries, including Brazil, Colombia, and Paraguay, in sex trafficking in Bolivia. Traffickers exploit an increasing number of Venezuelan victims in sex trafficking and forced labor within the country. According to a 2022 report from the Ombudsman’s Office, 63 percent of victims identified were female, and 28 percent were male. In 2021, authorities reported a notable surge in the number of Venezuelan and Haitian victims of sex trafficking and forced labor in the country. Traffickers subject some migrants from The Gambia, Venezuela, Chile, and the Caribbean traveling to or through Bolivia to sex trafficking and forced labor. Extraterritorial commercial sexual perpetrators exploited children in sex trafficking in rural Indigenous communities in the north of the La Paz department, in and around the city of Rurrenabaque, and in tourist areas in the departments of La Paz and Beni, openly advertising to tourists speaking Hebrew and Arabic. Rural and poor Bolivians, most of whom are Indigenous, and LGBTQI+ youth are particularly at risk for sex and labor trafficking. Bolivian women and girls are exploited in sex trafficking within Bolivia and nearby countries such as Argentina, Brazil, Chile, Panama, and Peru. Rural to urban trafficking, including within departments, remains the most common form of domestic trafficking. Within the country, traffickers exploit Bolivian adults and children in forced labor in domestic work, mining, ranching, and agriculture. Forced criminality continues to be a problem; the media reported cases of children forced to commit crimes, such as robbery and drug production, and others exploited in forced begging. Traffickers exploit Bolivians in forced labor in Argentina, Brazil, and Chile in sweatshops, agriculture, brickmaking, domestic work, textile factories, and the informal sector. Traffickers continue to use social media as the primary recruitment tool, luring vulnerable individuals with fraudulent employment opportunities and then exploiting them in forced labor or sex trafficking. Civil society organizations noted a pattern of exploitation in which older trafficking victims became recruiters of younger victims.