Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

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

Otros comentarios sobre C029

Observación

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Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Persistence of forced labour and servitude practices. The Committee previously noted the measures taken by the Government to combat forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches, which affect particularly indigenous populations of Quechua and Guaraní origin. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that the specific programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region” was implemented until the end of 2015. It takes note of the adoption of the Human Rights Policy and Action Plan for 2015–20 which identifies among the existing challenges the persistence of forced labour and servitude practices of children and women, and generally provides for actions to be taken in order to eliminate such practices as well as any other form of labour exploitation in the country. Referring to its last observation on the Worst Forms of Child Labour Convention, 1999 (No. 182), where it urged the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and nut harvesting industries, the Committee notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about the situation of Guaraní women who depend on working in agriculture and livestock and do not receive compensation or remuneration, and recommended that the Government take measures to prohibit and discourage all forms of slave labour affecting them (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 34 and 35). The Committee further notes that in November 2017, the Tarija Department Police investigated a forced labour case involving 25 people from the Guaraní indigenous group, including eight minors, exploited in the sugar cane harvest. The Committee requests the Government to continue to make every effort to eradicate forced labour and servitude practices, which affect particularly the indigenous populations of Quechua and Guaraní origin, and to provide information on any concrete measures taken to combat the root causes of the vulnerability of the victims, including in the framework of the Human Rights Policy and Action Plan for 2015–20 and of the Development Plan for the Guaraní People. It also requests the Government to provide information on any assessment undertaken on the impact of the programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region”, as well as on any follow-up measures taken.

2. Strengthening of mobile labour inspection offices. The Committee previously noted the activities carried out by the Fundamental Rights Unit of the Ministry of Labour, Employment and Social Welfare (MTEPS) within the framework of the Development Plan for the Guaraní People, and particularly the strengthening of labour inspections at the regional level. It notes the Government’s indication that temporary mobile labour inspection offices were established in remote municipalities in the priority regions of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region, in order to investigate situations of forced labour and restore victims’ rights. It notes the Government’s indication, in its report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the MTEPS identified that indigenous people are more vulnerable in remote areas, more particularly in the agriculture and wood extraction sectors, and increased the number of the regional labour inspectors specialized in forced labour, operating within the Fundamental Rights Unit, who are now carrying out activities in three departmental labour offices and five regional labour offices. The Committee notes the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of comprehensive mobile inspections as well as awareness-raising activities have been carried out. It notes however that, in their 2016 reports forwarded by the Government, several regional labour inspectors specialized in forced labour highlighted the lack of available resources, such as the absence of vehicles, dissemination of training material and staff which prevent labour inspections in extensive and remote areas, including where indigenous populations of Guaraní origin are located. It notes in particular that several regional labour inspectors pointed out the lack of specific guidance and criteria to identify forced labour cases and recommended the adoption of a specific procedure within the labour inspectorate to deal with such cases. Noting that as a result of the discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application of the Minimum Age Convention, 1973 (No. 138), the Conference Committee urged the Government to make available to labour inspection increased human, material and technical resources and training, especially in the informal sector. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of labour inspectors, particularly of those specialized in forced labour, and increase the state presence in remote areas, including through mobile labour inspections, in order to ensure that labour inspections are carried out safely and effectively and in a timely manner in the areas identified as having a high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the judicial or administrative decisions taken. It also requests the Government to provide information on any specific guidance, criteria or procedure elaborated or implemented for forced labour cases in order to assist labour inspectors. The Committee further requests the Government to continue to provide information on the awareness-raising and capacity-building activities undertaken at local and regional levels on servitude and forced labour, more particularly among at-risks groups, as well as on the number of beneficiaries.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition, as well as on the manner in which the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities. The Committee notes the Government’s indication that according to data available from the INRA, in 2016, indigenous communities benefited from more than 2 million hectares. It notes that according to the 2016 reports of the regional labour inspectors specialized in forced labour, forwarded by the Government, three cases involving servitude or forced labour in the region of the Chaco zone and Santa Cruz region where the use of the land did not respect its “social-economic function” were reported to the INRA in view of land restitution. It notes however that several regional labour inspectors specialized in forced labour requested better inter-institutional coordination, in particular with the Human Rights Ombudsperson (Defensoría del Pueblo) and the INRA. Taking into consideration the persistence of forced labour and servitude practices, which affect particularly indigenous populations of Quechua and Guaraní origin, the Committee notes with concern the Government’s indication that no judicial decision was issued on forced labour or similar forms of labour exploitation. While welcoming the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of workers have had their rights restored through labour inspections and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing, the Committee emphasizes that when the envisaged sanction consists of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and recalls in this regard the dissuasive function of penal sanctions (see 2012 General Survey on the fundamental Conventions, paragraph 319). Noting that in its 2016 report, forwarded by the Government, the indigenous peoples specialist of the Fundamental Rights Unit of the MTEPS identified the lack of access to justice as one of the main causes of the persistence of forced labour and servitude practices. The Committee notes that, in its last concluding observations, the CEDAW also expressed concern about the persisting structural barriers in the “rural indigenous jurisdiction” and in the formal justice system that prevent women from gaining access to justice and obtaining redress (CEDAW/C/BOL/5-6, 28 July 2015, paragraph 10). The Committee further notes that, in its last annual report on Bolivia, the United Nations High Commissioner for Human Rights highlighted the seriousness of the structural problems facing the administration of justice, such as impunity, low public confidence in institutions of justice, lack of access to justice, long delays in the delivery of justice, lack of independence of the judiciary, and obvious incapacity to guarantee due process (A/HRC/28/3/Add.2, 16 March 2015, paragraph 41). The Committee requests the Government to provide information on any measures taken to enhance access to justice for victims of forced labour and servitude practices, including of the indigenous populations of Quechua and Guaraní origin, and to strengthen cooperation between the labour inspectorate and other institutions, such as the Public Prosecutor, the Human Rights Ombudsperson or the National Agrarian Reform Institute (INRA), so that no situation of forced labour goes unpunished. It requests the Government to provide comprehensive information on the number of investigations, prosecutions and convictions on forced labour and servitude cases dealt with by the labour inspectorate or any other competent authority as well as on the penalties imposed, including penal sanctions based on section 291 of the Penal Code. The Committee requests the Government to continue to provide information on the number and outcomes of cases involving forced labour or servitude practices reported to the INRA in view of land restitution.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, the Committee previously noted the Government’s indication that rehabilitation and support centres have been set up accordingly to cooperate with the police. It recalled that persons considered as “vagrants” and “indigents” who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work, and requested the Government to provide additional information in this regard. The Committee notes the Government’s repeated general indication that the national legislation prohibits forced labour and servitude practices. The Committee again requests the Government to provide specific information on the application of sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) in practice, indicating the criteria used to identify and classify persons as vagrants and indigents and to admit them into rehabilitation and support centres. It requests the Government to provide information on the number of persons considered as vagrants and indigents by the authorities who have been placed in such centres, as well as on the measures taken to ensure that these persons who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee requests the Government to provide a copy of any relevant text governing the rehabilitation and support centres.