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Bolivia

2014 Findings on the Worst Forms of Child Labor

Minimal Advancement

In 2014, Bolivia made a minimal advancement in efforts to eliminate the worst forms of child labor. The Ministry of Labor increased its number of labor inspectors from 78 to 95, and dedicated 9 of these inspectors to investigating child labor in high-risk areas. The Government also published a national policy to combat human trafficking that aims to implement the Comprehensive Law against Human Trafficking and Smuggling. However, children in Bolivia are engaged in the worst forms of child labor, including in agriculture and in mining. Bolivia has received an assessment of minimal advancement because in July 2014, the Government passed a new Child and Adolescent Code that allows children as young as 10 years old to be self-employed under certain conditions. This action undermined the advancements made in eliminating child labor. In addition, the Offices of the Child Advocate, required by the new Code to authorize child work and assist victims of child labor, are absent or underfunded in many municipalities, leaving some children unprotected and vulnerable to the worst forms of child labor. The Government also lacks a comprehensive child labor policy.

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I. Prevalence and Sectoral Distribution of Child Labor

Children in Bolivia are engaged in the worst forms of child labor, including in agriculture and in mining.(1, 2) Indigenous children are particularly vulnerable to the worst forms of child labor.(3, 4) Table 1 provides key indicators on children's work and education in Bolivia.

Table 1. Statistics on Children's Work and Education

Working children, ages 7 to 14 (% and population):

20.2 (388,541)

Working children by sector, ages 7 to 14 (%)

 

Agriculture

70.9

Industry

7.9

Services

21.2

School attendance, ages 7 to 14 (%):

96.2

Children combining work and school, ages 7 to 14 (%):

18.7

Primary completion rate (%):

92.3

Source for primary completion rate: Data from 2011, published by UNESCO Institute for Statistics, 2015.(5)
Source for all other data: Understanding Children's Work Project's analysis of statistics from Encuesta Continua de Hogares Survey, 2009.(6)

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, cotton,* and peanuts* (2, 3, 7-10)

Production and harvesting of Brazil nuts/chestnuts† and sugarcane† (1-3, 10-15)

Ranching and raising cattle*† (2, 3, 9)

Plucking chickens* (15)

Industry

Mining† of gold, silver, tin, and zinc (1, 8, 14-17)

Construction,† including heavy lifting and shoveling (12, 15, 18)

Production of bricks† (8, 9, 15, 19)

Services

Street work, including vending, shoe shining, and working as transportation assistants (8-10, 12, 15, 20)

Recycling garbage* (9)

Domestic service† (3, 9, 15, 20)

Categorical Worst Forms of Child Labor‡

Forced labor in ranching* and in the production and harvesting of Brazil nuts and sugarcane (1, 3, 21, 22)

Forced labor in mining and domestic service (10, 20, 22)

Forced begging* (22)

Commercial sexual exploitation sometimes as a result of human trafficking (10, 22, 23)

Forced to commit illicit activities, including robbery* and producing drugs* (22)

* 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 Beni, Pando, Santa Cruz, and Tarija, although recent efforts to combat this practice and other factors have reportedly reduced the prevalence of child labor in these sectors.(1, 2, 12, 17) Some indigenous Guaraní families live in debt bondage and work on ranches, including in raising cattle, in the Chaco region.(3, 7, 10, 12) Based on reports, this practice may have been reduced in recent years due in part to increased attention to the region and land tenure reform.(12) Indigenous children are particularly vulnerable to commercial sexual exploitation.(22) Bolivian children have also been trafficked to Argentina, where they are victims of forced labor in the production of textiles, grapes, and in the sugar industry.(3, 23, 24)

Research on child labor in Bolivia, particularly in the informal sector, is limited. The last national child labor survey was conducted in 2008 by the National Institute of Statistics of Bolivia (INE) in collaboration with the ILO-IPEC.(4) The new Child and Adolescent Code, promulgated on July 17, 2014, mandates that a national child labor survey be conducted by the INE as part of the creation of the new Program for the Prevention and Social Protection of Children and Adolescents. The law mandates that this Program be designed by July 2016, but does not require a specific time frame for the completion of the survey within this period.(25)

Bolivian law requires children to attend school up to age 17. However, attendance rates for secondary education are low, particularly in rural areas and often because children work.(4, 15, 26)



II. Legal Framework for 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

The Government has established 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

14/12/10

Articles 8 and 58 of the General Labor Law; Article 129 of the Child and Adolescent Code (25, 27)

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 (25, 27)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Article 136 of the Child and Adolescent Code (25)

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 (28-30)

Prohibition of Child Trafficking

Yes

 

Article 15 of the Constitution; Article 34 of the Comprehensive Law against Human Trafficking and Smuggling (28, 30)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 34-35 of the Comprehensive Law against Human Trafficking and Smuggling (30)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 56 of the Law on Coca and Controlled Substances (31)

Minimum Age for Compulsory Military Recruitment

Yes

18

Article 108 of the Constitution; Articles 11 and 36 of the Law of National Military Service (28, 32)

Minimum Age for Voluntary Military Service

Yes

16*

Articles 1 and 2 of the General Directive of Pre-Military Recruitment; Articles 2 and 7 of the Law of National Military Service (32, 33)

Compulsory Education Age

Yes

17

Article 81 of the Constitution; Articles 1, 9 and 11 — 14 of the Avelino Siñani-Elizardo Pérez Education Law (28, 34)

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 (25, 28, 34)

* The minimum age for combat is 18 per Article 36 of the Law of National Military Service.(32)

The 2014 Child and Adolescent Code specifies the conditions under which children may work in addition to providing a number of other protections.(25) While the regulations for this law have not yet been written, its provisions that define the minimum age for work do not conform to international standards.(35) Article 129(1) of the Child and Adolescent Code establishes the minimum age for work at 14 years, which is in harmony with Article 58 of the General Labor Law.(25, 27) However, Article 129(2) of the Child and Adolescent Code allows children as young as 10 years old to work in self-employment upon authorization by the municipal Offices of the Child Advocate, provided that this work does not adversely affect the child's health or education, and only upon consent of a parent or guardian and after successful medical and psychological evaluations.(25) Allowing children as young as 10 years old to work may affect their schooling, which in Bolivia is compulsory to age 17.(34, 35) The ILO Committee of Experts has called upon the Government to amend Article 129 of the Child and Adolescent Code to set the minimum age for work, including in self-employment, to at least 14 years.(35)

Article 129(2) of the Child and Adolescent Code also permits children as young as 12 years old to work for third parties following the same process of authorization.(25) While ILO C. 138 allows children as young as 12 years old to engage in light work under certain circumstances, Bolivian law does not specify a list of activities that are permissible for light work, or the number of hours children are permitted to work in these activities pursuant to ILO C. 138.

Apprenticeships in Bolivia are regulated by Articles 28-30 and article 58 of the General Labor Law, which ensure that apprentices attend school. However, the General Labor Law does not set a minimum age for participation in apprenticeships.(27, 36)



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).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor (MOL)

Enforce child labor laws, in part through its Fundamental Rights Unit, which also addresses forced labor involving indigenous peoples.(37) Conduct labor inspections, including child labor-specific investigations, in areas of national priority that include the sugarcane-producing areas of Santa Cruz and Tarija, the Brazil nut-producing areas of Riberalta and Beni, and the mining areas of Potosí.(15) Assess fines for labor law infractions and refer cases to the Labor Courts for adjudication and remuneration of unpaid wages. Engage municipal Offices of the Child Advocate to ensure the protection of children's rights and welfare.(15) Maintain a national registry to track employment agencies engaged in the illegal recruitment and trafficking of children.(38) Assist in the implementation of the Child and Adolescent Code, including in the authorization of children's work for third parties from the age of 14.(15, 25)

Municipal Offices of the Child Advocate

Authorize children from the age of 10 to work in exceptional cases and register them in the Government's Child and Adolescent Information System (SINNA), pursuant to the Child and Adolescent Code. Protect the rights and welfare of children, often in consultation with NGOs, as well as file criminal complaints on behalf of victims of child labor, including its worst forms.(15, 25) Accompany child labor inspectors in their investigations and refer children rescued from child labor for services.(15, 25)

Attorney General's Office

Oversee all trafficking in persons investigations and prosecutions.(23) Oversee through its National Coordinator's Office regional prosecutors who, in conjunction with the Bolivian National Police, pursue cases of human trafficking for sexual and labor exploitation. Maintain a database of cases of trafficking in persons through its Coordinator of Specialized Units for the Prosecution of Human Trafficking and Smuggling, Sexual Crimes, and Gender-Based Violence.(23)

Ministry of Justice

Oversee the implementation of the Child and Adolescent Code. Create and administer SINNA, in which municipal Offices of the Child Advocate register young workers who are authorized to engage in self-employment or work for third parties, as required by the Child and Adolescent Code.(25)

Bolivian National Police

Maintain the Special Force in the Fight against Crime (FELCC) which, through its Division of Trafficking and Smuggling of Persons, runs 15 specialized trafficking in persons units to investigate trafficking crimes and coordinate anti-trafficking efforts.(15, 39) Maintain the Police Unit for Migratory Control and Assistance to address trafficking issues through migratory control efforts, in part through the patrol of national borders.(39, 40) Victims of trafficking are referred by these units to departmental Social Service Agencies (SEDEGES) or municipal Offices of the Child Advocate.(41)

Bolivian Armed Forces

Support anti-trafficking efforts by collaborating with the Bolivian National Police to detect human trafficking and child labor issues in border-crossing areas, pursuant to article 38 of the Comprehensive Law against Human Trafficking and Smuggling.(30, 38)

The Child and Adolescent Code requires the municipal Offices of the Child Advocate to authorize children ages 10 to 18 to engage in self-employment, and children ages 12 to 14 to work for third parties, both under certain conditions to ensure the children's protection. The Code further requires the municipal Offices of the Child Advocate to register young workers in the Government's Child and Adolescent Information System (SINNA).(25) However, reports indicate that as many as 20 percent of municipalities in Bolivia lack an Office of the Child Advocate; many more are reported to lack adequate resources and the capacity to perform their mandate. This lack of institutional coverage may leave certain children particularly vulnerable to child labor, including its worst forms.(15)

Law enforcement agencies in Bolivia took actions to combat child labor, including its worst forms.

Labor Law Enforcement

In 2014, the Ministry of Labor (MOL) employed 95 inspectors nationwide, including 9 inspectors dedicated solely to conducting inspections of child labor and forced labor cases.(15) This is an increase from the total of 78 inspectors employed in 2013, which included 4 inspectors dedicated solely to inspections of child labor and forced labor cases.(38) The Government reported that this number of inspectors was insufficient to inspect for child labor nationwide.(15) During the reporting period, UNICEF provided funding to send the MOL's labor inspectors to the Ministry of Education's Plurinational Public School, where government officials receive training on child labor. In 2014, the MOL reported that its operating budget was approximately $10,000; the amount of additional funding provided by multilateral organizations is not known.(15) The Government reported that this low level of funding was inadequate to fulfill its mandate with regard to child labor.(15)

During the reporting period, the MOL's nine child labor inspectors conducted 250 unprompted, child labor-specific inspections, with a particular focus on the departments of Beni, Potosí, Santa Cruz, and Tarija, where there is a high incidence of child labor in dangerous activities.(15) This number of inspections was higher than the 163 child labor-specific inspections conducted in 2013.(38) The exact breakdown of inspections by region and by sector for 2014 was not publicly available. The Government reports that the number of child labor-specific inspections during 2014 was inadequate to address the scope of the problem.(15) The number of general labor inspections conducted by the MOL, including whether these inspections were unprompted, was also not publicly available. All inspections were conducted with funding from UNICEF.(15)

The Government reports that children who are rescued from child labor are referred to the municipal Offices of the Child Advocate for services. However, information on the number of children rescued and whether they received services, particularly in cases where an Office of the Public Advocate did not exist, was not publicly available.(15) Research did not identify information on the number of child labor law violations or on the penalties and fines issued or paid during the reporting period.(15)

Criminal Law Enforcement

In 2014, the Bolivian National Police's Special Force in the Fight against Crime (FELCC) maintained 15 trafficking in persons units that, in addition to addressing other crimes related to missing persons, address trafficking in persons for sexual and labor exploitation. Each TIP unit comprised three to four investigators.(15) The exact number of criminal investigators employed by the Government to investigate the worst forms of child labor is not known. The Government reported that criminal investigators did not receive training on the worst forms of child labor during the reporting period.(15)

Information on the amount of funding provided to criminal law enforcement agencies for the reporting period was not publicly available. Some Government agencies reported that funding levels were inadequate and that they sometimes lacked fuel to conduct investigations.(15) Although there is a penalty of imprisonment for child labor exploitation and trafficking, information on the number of investigations conducted during the reporting period, the number of children removed from the worst forms of child labor, or the number of convictions obtained for these crimes was not publicly available.(15) In 2014, the Government reported approximately 380 cases of human trafficking reported to the Bolivian National Police and 12 reported sentences issued for crimes of trafficking.(39) However, these statistics were not disaggregated to distinguish between adult and child victims, and reports could not confirm if all sentences were being carried out. There was also a lack of information on whether victims of the worst forms of child labor received services.(15)



IV. Coordination of Government Efforts on the Worst Forms of Child Labor

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 6).

Table 6. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Commission for the Progressive Eradication of Child Labor (CNEPTI)

Coordinate national efforts to address child labor issues. Led by the MOL, and includes the Ministries of Justice, Education, and Planning, as well as several NGOs.(15) Goal is to create a national plan to combat child labor for 2014 — 2018.(38)

Steering Committee for Zero Child Labor in Sugarcane Production

Coordinate efforts to eliminate child labor in sugarcane production. Formed with support from the MOL and the participation of the regional government of Santa Cruz, Bolivian municipal governments, the Bolivian Foreign Trade Institute (IBCE), and various NGOs.(13)

Plurinational Council against Human Trafficking and Smuggling (Plurinational Council)

Serve as the highest national body to lead and coordinate anti-trafficking efforts. Implement the Comprehensive Law against Human Trafficking and Smuggling, in part through its Plurinational Policy to Combat Trafficking and Smuggling of Persons (2013 — 2017).(30, 39) Chaired by the Minister of Justice and composed of representatives from eight other ministries, the Public Advocate, and representatives from NGOs.(39)

Department-Level Councils against Human Trafficking

Coordinate efforts of the Plurinational Council in each of Bolivia's nine departments. Comprised of department-level officials from the FELCC, the Ministries of Labor, Migration, and Education, the Human Rights Ombudsman, and representatives from NGOs.(15, 30)

Directorate General for the Fight against Trafficking and Smuggling

Assist in the coordination of national policy on trafficking in persons. Established under the Ministry of Government's Vice Ministry for Citizen Security, pursuant to the Comprehensive Law against Human Trafficking and Smuggling.(30, 39)

Inter-Ministerial Team

Assist in the development of a National Labor Plan for 2014 — 2018. Created by MOL in 2013 with representation from the Ministries of Justice, Health, Education, and Government.(38)

In 2014, the Plurinational Council against Human Trafficking and Smuggling (Plurinational Council) met three times and published the Plurinational Policy to Combat Trafficking and Smuggling of Persons.(39) The Comprehensive Law against Human Trafficking and Smuggling mandates that the Plurinational Council include the participation of NGOs. However, reports indicate that NGOs have not been able to participate fully in the Plurinational Council despite their efforts for inclusion.(39)

The Comprehensive Law against Human Trafficking and Smuggling requires each of Bolivia's nine departments to create counter-trafficking councils composed of law enforcement, judicial, and civil society officials. As of April 2014, counter-trafficking councils had been established in all nine departments; however, some of these councils were reported to lack efficacy.(15)

The National Commission for the Progressive Eradication of Child Labor (CNEPTI), led by the MOL, has been increasingly inactive, and did not meet during the reporting period. Many Government agencies and NGOs agree that its central coordinating role and activities have lapsed.(15) Moreover, reports indicate that some of the MOL's departmental sub-commissions created to combat child labor have also lapsed in their function, due in part to a lack of resources.(15) In addition, some reports indicate that child labor coordination efforts between departmental sub-commissions and municipal agencies have been strained due to differences among political parties.(15)



V. Government Policies on the Worst Forms of Child Labor

The Government of Bolivia has established policies related to child labor, including its worst forms (Table 7).

Table 7. Policies Related to Child Labor

Policy

Description

Plurinational Policy to Combat Trafficking and Smuggling of Persons (2013 — 2017)†

Sets national priorities on combatting human trafficking and smuggling, including that of children, pursuant to the Comprehensive Law against Human Trafficking and Smuggling. Contains five core areas that set agendas for government efforts and programs, including the prevention of trafficking, the remediation and reintegration of survivors, the prosecution of criminal violations, the strengthening of national coordination mechanisms, and international cooperation.(42, 43) Published by the Plurinational Council in 2014.(43)

Ministry of Education's Strategic Institutional Plan (PEI) (2010 — 2014)*

Sets national priorities on developing and reforming the educational system. Contains five strategic objectives that include the promotion of universal access to, and participation in, an intercultural educational system.(44)

Patriotic Agenda 2025*

Sets national development priorities and objectives for 2025, including the eradication of extreme poverty, universal access to education, and multicultural integration.(45)

Declaration of the Regional Initiative: Latin America and the Caribbean Free of Child Labor†

Aims to increase regional cooperation on eradicating child labor by 2020 through signatories' efforts to strengthen monitoring and coordination mechanisms, government programs, and South-South exchanges. Reaffirms commitments made in the Brasilia Declaration from the Third Global Conference on Child Labor (October 2013), and signed by Bolivia at the ILO's 18th Regional Meeting of the Americas in Lima, Peru (October 2014).(46-48)

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.
† Policy was approved during the reporting period.

Bolivia's national policy for addressing child labor, the National Plan for the Progressive Eradication of Child Labor (2000 — 2010), expired in 2010. The Plan identified mining, sugarcane harvesting, commercial sexual exploitation, and domestic service as priority areas in combating exploitative child labor.(49) A new plan was not established during the reporting period.(36)

In December 2014, the Ministry of Education and Bolivia's Child and Adolescent Workers Union (UNATSBO) participated in the "First Plurinational Meeting of Child and Adolescent Workers for Social Inclusion and Equality." At the meeting, an 18-point agreement was signed that, among other objectives, prioritizes access to the educational system, flexibility in the school day to accommodate work schedules, curricular reform to enable students who have fallen behind to catch up to their peers, and the need for a survey to determine the educational status and needs of children and adolescents who work.(26)

In September 2014, Bolivia participated in the First Meeting of the Working Groups of the XVIII Inter-American Conference of Ministers of Labor to foster continued cooperation on labor issues throughout the Americas, including on the exchange of information on policies and programs that seek to formalize the informal sector. Specific discussions were held on strategies for the prevention and elimination of child labor.(50, 51)



VI. Social Programs to Address Child Labor

In 2014, the Government of Bolivia funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms. The Government has other programs that may have an impact on child labor, including its worst forms (Table 8).

Table 8. Social Programs to Address Child Labor

Program

Description

Juancito Pinto Subsidy Program*‡

Government program that provides a conditional cash transfer to all primary school students to increase school attendance and reduce the dropout rate.(41, 52) Limited evidence suggests the program contributed to increased school attendance and reduced dropout rates.(15, 41, 52) Provides students with a yearly subsidy of approximately $28 if the student maintains an attendance rate of at least 75 percent.(15, 41) In 2014, assisted 2,600,000 students, or nearly 92 percent of public school population, an increase from the 2,350,000 students assisted the previous year.(15)

Ñaupajman Puriy Kereimba (ÑPK): Combating Exploitive Child Labor in Bolivia: Phase II (2010 — 2014)

$6-million USDOL-funded, 4-year project, implemented by Desarollo y Autogestión (DyA) that worked to reduce the worst forms of child labor by improving educational and livelihood opportunities for families in the departments of Chuquisaca, La Paz, and Santa Cruz.(9) Assisted 3,100 children and 1,300 households in both urban and rural areas. Collaborated with the Ministry of Education to expand the Leveling Program. Closed in early 2015.(9)

Leveling Program

Ministry of Education directive that requires all public schools to offer an accelerated education "leveling" program so that children who are falling behind in school because they work can catch up.(53, 54) With DyA assistance, municipalities and district education departments of Camiri, El Alto, Mojocoya, Pailon, and San Julian have plans of action, timetables and the resources to operate the leveling, multi-grade, after-school, and technical high school programs. Implementation started in January 2013 and continued to expand in 2014.(55)

Bolivian Foreign Trade Institute's (IBCE) Triple Seal Initiative (El Instituto Boliviano de Comercio Exterior Triple Sello)

MOL collaboration with the Bolivian Institute of Standardization and Quality (IBNORCA), UNICEF, and the ILO to develop a voluntary certification program to recognize companies that comply with Bolivian law and ILO conventions regarding child labor, forced labor, and worker discrimination in the production of their goods.(13, 15, 41, 56) In Santa Cruz, Triple Seal Alliance works to diminish child labor under the joint UNICEF and Departmental Government of Santa Cruz Let's Team Up (Hagamos Equipo) Campaign.(57) Implements the Triple Seal certification program that recognizes sugarcane producers who do not use child labor. In 2014, one sugarcane company, accounting for approximately 40 percent of the sugar market, was operating with the certification; three more companies were working toward their certification.(15)

Regional Action Group for the Americas (Grupo de Acción Regional para las Américas)

Conducts prevention and awareness-raising campaigns to combat the commercial sexual exploitation of children in Latin America. Members include Argentina, Bolivia, Brazil, Chile, Colombia, Paraguay, Peru, Suriname, Uruguay, and Venezuela.(58-60)

Ministry of Education/ Plurinational Public Management School (Escuela de Gestión Publica Plurinacional, EGPP)

EGPP training program required for public officials, including from the MOL and the Ministry of Education, that prepares them for public service. Contains a child labor module developed in 2013 in collaboration with the ÑPK project, which is a permanent part of the program.(55, 61) In 2014, MOL inspectors were trained by the EGPP with funding from UNICEF.(15)

UNICEF Bolivia Country Program (2013 — 2017)

Seeks to ensure the equitable provision of social services to children and protect children's rights, including increased access to and completion of education. Aims to provide special attention to indigenous children, including the development of strategic policies, and educational and professional programs in indigenous languages.(62, 63)

Program to Protect the Rights of Children and Adolescents*

Government collaboration with UNICEF in 17 Bolivian chestnut and sugarcane-producing municipalities to provide education assistance, with funding from the Government of Italy and the Swiss Cooperation Agency. Program seeks to improve living conditions of 2,300 families and reintegrate 3,400 children in school.(62)

Human Rights of Children and Adolescents in Sugarcane Harvesting, Brazil Nut Processing, and Mining‡

Human Rights Ombudsman's Office program to combat worst forms of child labor that promotes effective, sustainable policies and actions for the gradual elimination of the worst forms of child labor, along with labor and social protection for working adolescents between ages 14 and 17. Launched in April 2013 in Bermejo (Tarija), Cerro Rico (Potosí), and Riberalta (Beni).(64) DyA project participated in preparatory meetings and provided guidance for the design. In 2014, in the Department of Santa Cruz, a commission consisting of a representative from the departmental Government, a representative from the Office of the Child Advocate, and a representative from the Hagamos Equipo departmental anti-child labor NGO network inspected 583 of the approximately 4,000 existing sugarcane production plantations. Inspections found that more than 80 percent of the audited plantations no longer use child labor.(65)

Child Trafficking Awareness-Raising Campaigns

Government program in collaboration with the Bolivian Network for the Fight against Human Trafficking and Smuggling to conduct public awareness and education campaigns to educate the public, including youth and children, about the Comprehensive Law against Human Trafficking and Smuggling. Targeted more than 3,000 professionals including judicial administrators, members of the Public Ministry, public defenders, departmental SEDEGES officials, and civil society organizations.(24) Under the program, the Plurinational Council partnered with UNICEF to publish a guide for children, youth, and adults explaining the new anti-TIP law. The partnership also created a children's cell phone game to teach children about the dangers of trafficking.(24)

Student Documentation Program†

Government's General Service of Personal Identification's Civil Registration Service program to provide documentation to 1.7 million undocumented students.(23)

* The impact of this program on child labor does not appear to have been studied.
† Program was launched during the reporting period.
‡ Program is funded by the Government of Bolivia.

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 and street work, and commercial sexual exploitation. While the Juancito Pinto subsidy program continues to expand, reports indicate that the $28 subsidy is insufficient to meaningfully cover costs associated with attending school, such as transportation and school supplies. For example, reports indicate that costs associated with attending school in rural Sucre may reach $141 per year, while costs in La Paz's sister city, El Alto, may reach as high as $410 per year.(15)



VII. Suggested Government Actions to Eliminate the Worst Forms of Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Bolivia (Table 9).

Table 9. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that minimum age protections are extended to all children under 14 years, including in self-employment, and establish a list of occupations constituting light work, as well as the number of hours permitted in light work, for children ages 12 to 14.

2014

 

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

2010 — 2014

Enforcement

Ensure that there is an Office of the Child Advocate with sufficient resources in every municipality to ensure that legal protections are extended to all children who are permitted to work, and coordinate the provision of services to children who are rescued from child labor, including its worst forms.

2014

Provide sufficient funding and training to increase the capacity of the MOL and the Bolivian National Police to ensure effective enforcement of child labor laws.

2013 — 2014

Increase the number of labor inspectors responsible for enforcing laws related to child labor in order to provide adequate coverage of the workforce, and ensure the number of labor inspections is adequate.

2013 — 2014

Ensure that general labor inspectors conduct unprompted inspections in all sectors and geographical areas.

2011 — 2014

 

Collect and make publicly available statistics on child labor for all regions, including the number of inspections, number of children found in child labor as a result of inspections, prosecutions, sentences, and penalties applied.

2009 — 2014

 

Collect and make publicly available information about the number of investigators responsible for enforcing criminal laws on the worst forms of child labor, the number of investigations, prosecutions, convictions, and the penalties applied.

2013 — 2014

 

Collect and make publicly available statistics on trafficking cases disaggregated by adults and children.

2011 — 2014

Coordination

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

2014

 

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

2014

 

Reconvene the CNEPTI and develop concrete mechanisms to improve coordination among participating agencies and organizations.

2009 — 2014

 

Ensure that all the MOL's departmental sub-commissions designed to combat child labor convene and receive sufficient resources to carry out their function.

2014

Government Policies

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

2010 — 2014

Integrate child labor elimination and prevention strategies into the national educational and development plans.

2013 — 2014

Social Programs

Conduct the national child labor survey mandated by the Child and Adolescent Code (Law 548) to inform policies and programs to eliminate child labor.

2014

 

Expand national programs to increase secondary school attendance and support the implementation of the Avelino Siñani-Elizardo Pérez Education Law, which guarantees equal educational opportunities for all children, including those who fall behind in school because they work.

2010 — 2014

 

Assess the impact that the Juancito Pinto subsidy program and the Program to Protect the Rights of Children and Adolescents may have on child labor.

2010 — 2014

 

Increase the amount of the Juancito Pinto subsidy provided to school children to ensure they are able to cover the costs associated with attending school.

2014

 

Expand social programs to address the worst forms of child labor in areas where 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 — 2014



1.ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Bolivia (ratification: 2003) Submitted: 2012; accessed January 18, 2015; http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO:13100:P13100_COMMENT_ID:2700546:NO.

2.Verite. Research on Indicators of Forced Labor in the Supply Chains of Brazil-Nuts, Cattle, Corn, and Peanuts in Bolivia; 2013. http://www.verite.org/sites/default/files/images/Research%20on%20Indicators%20of%20Forced%20Labor%20in%20the%20Bolivia%20Brazil-nut%2C%20Cattle%2C%20Corn%2C%20and%20Peanut%20Sectors__9.19.pdf.

3."Niñez Indígena en América Latina: Situación y Perspectivas (Compilación de documentos de trabajo)," in Trabajo Infantil-Encuentro Latinoamericano Pueblos Indígenas y Gobiernos-De la Declaración a la Acción 2010; Cartagena; http://white.oit.org.pe/ipec/documentos/publi_encuentro_final.pdf.

4.ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Bolivia (ratification: 2003) Published 2015; accessed March 4, 2015; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3186211:NO.

5.UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed January 16, 2015]; http://www.uis.unesco.org/Pages/default.aspx?SPSLanguage=EN. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

6.UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Encuesta Continua de Hogares, 2009. Analysis received January 16, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children's work in general are reported in this chart, which may or may not include the worst forms of child labor. For more information on sources used, the definition of working children and other indicators used in this report, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

7.Ministry of Labor official. Interview with USDOL official. February 14, 2011.

8.Ministry of Education official. Interview with USDOL official. February 15, 2011.

9.Desarrollo y Autogestión. Combating Exploitive Child Labor through Education in Bolivia (Phase II): Project Document. Santa Cruz; January 2011.

10.U.S. Department of State. "Bolivia," in Country Reports on Human Rights Practices- 2013. Washington, DC; February 27, 2014; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.

11.UNICEF. Trabajo Infantil en Bolivia, UNICEF, [online] 2011 [cited April 17, 2014]; http://www.unicef.org/bolivia/proteccion_17111.htm.

12.Desarrollo y Autogestion. Interview with USDOL official. February 3, 2012.

13.ILO-IPEC. Project to Combat the Worst Forms of Child Labor through Horizontal Cooperation in South America. Technical Progress Report. Geneva; October 2011.

14.Friedman Rudovsky, N. "German's story: Swapping Sugar Cane Fields for School in Bolivia." unicef.org [online] June 10, 2011 [cited April 17, 2014]; http://www.unicef.org/infobycountry/bolivia_58846.html.

15.U.S. Embassy- La Paz. reporting, February 12, 2015.

16.Shahriari, S. "Photos: a life in Bolivia's mines." globalpost.com [online] March 22, 2010 [cited April 17, 2014]; http://www.globalpost.com/dispatch/bolivia/100316/bolivia-children-mines.

17.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.

18.CIES International. Estudio sobre la situación laboral de adolescentes trabajadores; January 2012.

19.Filomeno, M. "Trabajo Niños ladrilleros trabajan en la noche y la madrugada en La Paz." Pagina Siete, La Paz, October 11, 2012; Sociedad.

20.U.S. Department of State. "Bolivia," in Country Reports on Human Rights Practices- 2012. Washington, DC; April 19, 2013; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204430.

21.Government of Bolivia, Empleo Ministerio de Trabajo y Previsión Social. Sin Tiempo para soñar: Situación de los niños, niñas, adolescentes y sus familias en la zafra y el beneficiado de la castaña. La Paz; 2009.

22.U.S. Department of State. "Bolivia," in Trafficking in Persons Report- 2014. Washington, DC; June 20, 2014; http://www.state.gov/documents/organization/226845.pdf.

23.U.S. Embassy- La Paz. reporting, March 6, 2014.

24.U.S. Embassy- La Paz. reporting, February 14, 2014.

25.Government of Bolivia. Código Niño, Niña y Adolescente, Ley No. 548, enacted July 17, 2014. http://www.gacetaoficialdebolivia.gob.bo/.

26.La Razón. "Acceso a la educación." la-razon.com [online] December 18, 2014 [cited March 9, 2015]; http://www.la-razon.com/opinion/editorial/Acceso-educacion_0_2181981919.html.

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

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

29.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.

30.Government of Bolivia. Ley Integral Contra la Trata y Tráfico de Personas, Ley No. 263, enacted July 31, 2012. http://bolivia.infoleyes.com/shownorm.php?id=3946.

31.Government of Bolivia. Ley del Régimen de la Coca y Sustancias Controladas, 1008, enacted July 19, 1988. http://www.iadb.org/Research/legislacionindigena/leyn/docs/Bol-Ley1008-88-Coca.doc.

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

33.Government of Bolivia. Directiva General de Reclutamiento para el Servicio Premilitar No. 12/13 Categoria 2013-2014, enacted http://www.mindef.gob.bo/mindef/sites/default/files/Servicio_Premilitar.htm.

34.Government of Bolivia. Ley de Educación Avelino Siñani-Elizardo Pérez, No. 070, enacted November 8, 2010. http://www.oei.es/quipu/bolivia/Leydla%20.pdf.

35.ILO Committee of Experts. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Bolivia (ratification: 1997); Published 2015; accessed March 5, 2015; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3186134:NO.

36.ILO Committee of Experts. Individual Direct Request concerning Minimum Age Convention, 1973 (No. 138) Bolivia (ratification: 1997) Published 2015; accessed March 4, 2015; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3186134:NO.

37.Ministerio de Trabajo Empleo y Previsión Social - Unidad de Derechos Fundamentales. "Contribución a la Erradicación Progresiva del Trabajo Infantil." mintrabojo.gob.bo [online] n.d. [cited January 18, 2015]; http://www.mintrabajo.gob.bo/Descargas/UDF/CONTRIBUCION_A_LA_ERRADICACION_PROGRESIVA_DEL_TRABAJO_INFANTIL.pdf.

38.U.S. Embassy- La Paz. reporting, February 3, 2014.

39.U.S. Embassy- La Paz. reporting, March 6, 2015.

40.Government of Bolivia. "Unidad Policial de Apoyo al Control Migratorio UPACOM." migracion.gob.bo [online] [cited March 7, 2015]; http://www.migracion.gob.bo/web/upacom.html.

41.U.S. Embassy- La Paz. reporting, January 31, 2013.

42.Ministerio de Justicia. "Presentan Política Plurinacional de Lucha Contra la Trata y Tráfico de Personas ante el cuerpo diplomático." justicia.gob.bo [online] June 4, 2014 [cited March 6, 2015]; http://www.justicia.gob.bo/index.php/noticias/notas-de-prensa/1328-presentan-politica-plurinacional-de-lucha-contra-la-trata-y-trafico-de-personas-ante-el-cuerpo-diplomatico.

43.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." [online] 2014 [cited March 6, 2015]; http://saludpublica.bvsp.org.bo/cc/bo40.1/documentos/588.pdf.

44.Government of Bolivia - Ministerio de Educación. "Plan Estratégico Institucional 2010-2014." [online] 2010 [cited March 9, 2015]; http://www.cienciaytecnologia.gob.bo/uploads/plan_estrategico_institucional.pdf.

45.Government of Bolivia. "13 Pilares de la Bolivia Digna y Soberana - Agenda Patriotica del Bicentenario 2025." comunicacion.presidencia.gov.bo [online] 2013 [cited March 9, 2015]; http://comunicacion.presidencia.gob.bo/docprensa/pdf/20130123-11-36-55.pdf.

46.Declaración de Constitución de la Iniciativa Regional América Latina y el Caribe Libre de Trabajo Infántil, signed at the ILO's 18th Regional Meeting of the Americas, October 14, 2014. Lima, Peru. https://iniciativaregionalcontraeltrabajoinfantil.files.wordpress.com/2014/10/declaracic3b3n-ir_espac3b1ol.pdf.

47.ILO. "18th American Regional Meeting - Latin America and Caribbean Sign a Declaration to Free the Region from Child Labour." October 17, 2014. http://www.ilo.org/caribbean/WCMS_314428/lang--en/index.htm.

48.UN News Centre. "At UN-backed forum, Latin American, Caribbean nations pledge robust efforts against child labour." October 15, 2014. http://www.un.org/apps/news/printnews.asp?nid=49082.

49.Inter-Institutional Commission for the Eradication of Child Labor. Plan de erradicación progresiva del trabajo infantil: 2000-2010. La Paz, Ministry of Labor; November 2001. http://white.oit.org.pe/ipec/documentos/planbo.pdf.

50.Organization of American States. Agenda, First Meeting of the Working Groups of the XVIII Inter-American Conference of Ministers of Labor (IACML), September 17-19, 2014. Bridgetown; 2014. https://www.oas.org/en/sedi/dhdee/labor_and_employment/pages/cpo_trab_WG1XVIII_IACML.asp.

51.Organization of American States. List of Participants, First Meeting of the Working Groups of the XVIII Inter-American Conference of Ministers of Labor (IACML), September 17-19, 2014. Bridgetown; 2014. https://www.oas.org/en/sedi/dhdee/labor_and_employment/pages/cpo_trab_WG1XVIII_IACML.asp.

52.U.S. Embassy- La Paz. reporting, February 1, 2010.

53.Desarrollo y Autogestión. Combating Exploitive Child Labor through Education in Bolivia (Phase II). Technical Progress Report. Santa Cruz; October 2011.

54.Government of Bolivia, Ministry of Education. Instructivo VER/DGES 004/2011. La Paz; July 27, 2011.

55.Desarrollo y Autogestión. Combating Exploitive Child Labor through Education in Bolivia (Phase II). Technical Progress Report. Santa Cruz; October 2013.

56.IBCE. Triple Sello - Asesoramiento, IBCE, [online] [cited April 17, 2014];
http://www.rsebolivia.org/asesorias.asp.

57.IBCE - Instituto Boliviano de Comercio Exterior. Trabajo Infantil: Del Compromiso a la Acción. La Paz; 2013.

58.Mercosur. Reunión de la Comisión Permanente para la Coordinación e Implementación de las Acciones Relativas a la Iniciativa Niñ@ Sur para la Protección y Promoción de los Derechos de los Niños y Niñas y Adolescentes. Buenos Aires; March 27, 2012. Report No. 443.

59.Grupo de Acción Regional de las Américas. Países Participantes, Grupo de Acción Regional de las Américas. Buenos Aires; March 27, 2010. http://www.grupodeaccionregional.org/index.php?option=com_content&view=article&id=52%3Aquienes-somos&catid=38&Itemid=73&lang=es.

60.Grupo de Acción Regional. Grupo de Acción Regional de las Américas, Quienes Somos, [online] 2010 [cited January 24, 2013]; [source on file].

61.USDOL official. E-mail communication to USDOL official. February 6, 2014.

62.UNICEF. Plan de Acción de Programa País 2013 — 2017. La Paz; April 2013. http://www.unicef.org/bolivia/PlanAccionProg_2013_2017.pdf.

63.UNICEF. "Bolivia Country Programme Document, 2013-2017." unicef.org [online] 2015 [cited March 9,]; http://www.unicef.org/about/execboard/files/Bolivia-2013-2017-final_approved-English-14Sept2012.pdf.

64.Government of Bolivia - Defensoría del Pueblo. Informe de avance del proyecto 'Derechos humanos de NNA en la actividad de zafra, beneficadora de castaña y minería'; 2013. http://www.defensoria.gob.bo/archivos/Verificaciones%20defensoriales%202013%20zafra%20casta%C3%B1a%20y%20miner%C3%ADa%20NyA.pdf.

65.U.S. Embassy- La Paz official. E-mail communication to USDOL official. June 9, 2014.

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