2003 Findings on the Worst Forms of Child Labor - Bolivia

Government Policies and Programs to Eliminate the Worst Forms of Child Labor

The Government of Bolivia has been a member of ILO-IPEC since 1996.^[454] In April 2001, the Bolivian Congress approved the USD 90 million National Plan for the Progressive Eradication of Child Labor 2000-2010 designed by the Interinstitutional Commission for the Eradication of Child Labor.^[455] The Plan's strategic objectives include the reduction of child labor for children under the age of 14, the protection of adolescent workers over the age of 14, and the elimination of the worst forms of child labor.^[456] It also includes provisions to rehabilitate and reintegrate child victims of commercial sexual exploitation,^[457] although the government lacks funding for this and other project activities.^[458] The Commission has developed five sectored sub-commissions to implement the priorities of the National Plan. The sub-commissions focus on child labor in the following areas: sugar cane harvesting; mining; raising awareness/communications; commercial sexual exploitation; and domestic work.^[459]

In 2002, the government completed a study on child prostitution, the results of which will be used to create incentive programs to keep children away from this hazardous activity.^[460] In 2003, the government issued a decree allowing children to resume classes in a new location at any point in the school year, which will enable children of families that migrate to continue with their education.^[461] The government also obligated sugar cane industry leaders to sign contracts with workers that included a clause prohibiting child labor.^[462] In addition, the government will make available free birth certificates to children who work the sugar cane harvest, facilitating their access to social services including health and education.^[463] The government has also provided training to the Defenders of Minors offices in Santa Cruz, which will increase the number of child labor inspections in that region.^[464] Since 2000, the government has been participating in a USDOL-funded ILO-IPEC regional project to eliminate child labor in small-scale mining in the Andean region.^[465] From 2000 to 2001, ILO-IPEC also implemented a project to progressively eradicate child labor performed by street children in the city of El Alto.^[466]

In September 2002, USDOL funded a USD 1.5 million project to improve the access to and quality of basic education for working children in the Potosí mines.^[467] In October 2001, IDB financed a program to strengthen technical and technological training for young school dropouts with a gender focused approach.^[468] In 2003, IDB approved a second phase of the education reform program.^[469] In 2002, the World Bank invited Bolivia to participate in the Education for All Fast Track program to build on its success in creating and implementing policies to improve the quality and delivery of primary education.^[470]

From 1994-2003, the Government of Bolivia prioritized the access and quality of primary education in its Education Reform efforts.^[471] Beginning in 2004, the government will launch the second phase of the Reform, which will focus on improving access and quality at the pre-school and secondary levels.^[472] The WFP's strategies in its 2003-2007 country plan for Bolivia were integrated into Bolivia's poverty reduction strategy to provide food aid to schools and shelters for street children with the goal of stabilizing school attendance rates, decreasing drop out rates and increasing grade promotion, particularly among street children and girls.^[473] The Ministry of Education's Vice-Ministry of Alternative Education has developed a night class curriculum designed to keep working children and adolescents in school by offering them flexible, contextual, vocational, and reality-based lessons.^[474]

Incidence and Nature of Child Labor

In 2000, UNICEF estimated that 26.4 percent of children ages 5 to 14 years in Bolivia were working.^[475] Children generally enter the labor market from 10 to 12 years of age, but there are reports of children working who are as young as 6 years old.^[476] The greatest proportion of working children is in rural areas, where they work in the construction, livestock, and agricultural sectors.^[477] A large number of children are found working in sugar cane harvesting and production in Santa Cruz.^[478] In urban areas, children shine shoes, sell goods, and assist transport operators.^[479] Children also work as small-scale miners,^[480] indentured domestic laborers and prostitutes.^[481] Children are reportedly trafficked internally to work in mines, agriculture, and domestic servitude.^[482] It is also reported that children and adolescents are trafficked to Argentina, Chile, and Brazil to work in agriculture, factories, trades, and as domestic servants.^[483] Women and adolescents from the indigenous areas of the high plains are at the greatest risk of being trafficked.^[484] It is also reported that children are forcibly recruited into the armed forces.^[485]

The Constitution of Bolivia calls for the provision of education as a principal responsibility of the state, and establishes free and compulsory primary education for 8 years for children ages 6 to 14.^[486] In 2000, the gross primary enrollment rate was 115.9 percent and the net primary enrollment rate was 96.9 percent.^[487] More than 56 percent of Bolivian children and adolescents, however, do not attend or have abandoned school.^[488] Verbal punishment and corporal abuse exist in schools.^[489] Inadequate incentives for teachers make the teaching profession unattractive.^[490] Many children from rural areas lack identity documents and birth certificates necessary to receive social benefits and protection.^[491] In May 2002, a new Supreme Decree was issued that established a program to provide free birth certificates to children, especially in rural areas, born on or after the first of January 2002.^[492] The Office of the First Lady is currently spearheading this project.^[493]

Child Labor Laws and Enforcement

The Child and Adolescent Code sets the minimum age for employment at 14 years.^[494] National legislation on hazardous labor prohibits children from taking part in activities involving danger to health or morals, physically arduous labor, exposure to chemicals and noxious substances, dangerous machinery, and the production and handling of pornographic materials.^[495] Under the Code, employers are required to ensure that adolescent apprentices attend school during normal school hours.^[496]

The Constitution prohibits any kind of labor without consent.^[497] Forcing an individual under 18 years into prostitution carries a maximum penalty of 20 years imprisonment,^[498] but enforcement is poor and police raids are ineffectual and easily avoided.^[499] All forms of pornography are illegal under Bolivian law.^[500] The 1999 Law for the Protection of the Victims of Crimes Against Sexual Freedom prohibits individuals from benefiting from the corruption or prostitution of a minor,^[501] and also outlaws trafficking in persons for the purpose of prostitution.^[502]

An interagency Committee on Minors was formed to combat the extraterritorial trafficking of adolescents for forced labor. However, a lack of resources allows trafficking of children to continue.^[503] The Government of Bolivia cooperates with other governments to investigate and prosecute trafficking cases.^[504] Corruption among government officials is a problem, and the government has made efforts to work with judicial officials.^[505]

In March 2001, the government adopted into law stipulations of the Child and Adolescent Code that allow judges and other authorities of the Ministry of Justice to punish violations of children's rights within the country.^[506] However, a set of fines and penalties has not been standardized for child labor violations.^[507] In 1996, the Vice-Ministry of Gender, Generational and Family Affairs created the Municipal Child and Adolescent Defense Offices, which offer free public services to promote, protect, and defend the rights of children and adolescents.^[508] As of June 2001, there were 150 such Defense Offices functioning in 135 municipalities.^[509]

The Government of Bolivia ratified ILO Convention 138 on June 11, 1997, and ratified ILO Convention 182 on June 6, 2003.^[510]

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[454] ILO-IPEC, All about IPEC: Programme Countries, [online] [cited September 23, 2003]; available from http://www.ilo.org/public/english/standards/ipec/about/countries/t_coun….

[455] Inter-Institutional Commission for the Eradication of Child Labor, Plan de Erradicación Progresiva del Trabajo Infantil: 2000-2010, Ministry of Labor, La Paz, November 2000, 51. See also U.S. Department of State, Country Reports on Human Rights Practices – 2002, Washington D.C., March 31, 2003; available from http://www.state.gov/g/drl/rls/hrrpt/2002/18321.htm.

[456] The plan includes a variety of strategies to reach its goals, such as awareness raising and income-generating alternatives for families. Inter-Institutional Commission for the Eradication of Child Labor, Plan de Erradicación, 35, 38.

[457] ECPAT International, Bolivia, in ECPAT International, [database online] 2002 [cited October 2, 2002]; available from http://www.ecpat.net/.

[458] U.S. Department of State, Country Reports on Human Rights, Section 6d.

[459] Iciar Bosch, "Se constituyen cinco subcomisiones: Una nueva dimensión en la Comisión Nacional de Erradicación Progresiva del Trabajo Infantil en Bolivia," Boletín Encuentros (May, 2003); available from http://www.oit.org/pe/ipec/boletin/noticia_imprimir.php?notCodigo=297.

[460] U.S. Embassy-La Paz, unclassified telegram no. 3740, October 11, 2002.

[461] Previously children could only enter class at the beginning of each February term. U.S. Embassy-La Paz, unclassified telegram no. 1602, May 05, 2003.

[462] Ibid.

[463] Ibid.

[464] Ibid.

[465] The regional project includes Bolivia, Ecuador and Peru. ILO-IPEC, Phase I: Program to Prevent and Progressively Eliminate Child Labor in Small-scale Traditional Gold Mining in South America, project document, (ILO) LAR/00/05/050, Geneva, April 1, 2000.

[466] ILO-IPEC, Programas IPEC en Sudamerica, 2003 [cited August 25, 2003]; available from http://www.oit.org.pe/spanish/260ameri/oitreg/activid/proyectos/ipec/pr….

[467] ILO-IPEC, Phase II: Prevention and Progressive Elimination of Child Labor in Small-scale Traditional Gold Mining in South America, project document, RLA/02/P50/USA, Geneva, September 30, 2002. See also U.S. Embassy La Paz, unclassified telegram no. 3028, August 20, 2003.

[468] IDB, Program to Strengthen Technical and Technological Training, executive summary, (B)-0197, Washington, D.C., October 2001, [cited August 25, 2003]; available from http://www.iadb.org/exr/doc98/apr/apeduc.htm.

[469] IDB, Proyecto Aprobado, [previously online] 2003 [cited July 02, 2003]; available from http://condc05.iadb.org/idbprojects/htl/spanish/APPROVED/AP_BO0178.HTM [hard copy on file]. The objective of the program is to consolidate efforts to reform the educational system in the eight grades of compulsory education since the inception of the Education Reform in 1994. The program will do this through: 1) Strengthening school management at the municipal and school levels; 2) Completing the process of curricular reform in grades 1-8; and 3) Raising the quality of initial teacher training. IDB, Education Reform Program: Second Stage, 1126/SF-BO, June 11, 2003, 11; available from http://www.iadb.org/exr/doc98/apr/lcboli.htm and http://www.iadb.org/exr/doc98/apr/bo1126e.pdf.

[470] The Education For All Fast Track is designed to help developing countries meet the Millennium Development Goal of providing every girl and boy with quality primary school education by 2015. To qualify for financing under the Fast Track, countries must prioritize primary education and embrace policies that improve the quality and efficiency of their primary education systems. World Bank, World Bank Announces First Group of Countries for 'Education For All' Fast Track, The World Bank Group, [press release] June 12, 2002 [cited August 5, 2002]; available from http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/ 0,, contentMDK:20049839~menuPK:34463~pagePK:34370~piPK:34424,00.html.

[471] República de Bolivia, Documento Preliminar "Para Abrir el Diálogo", Estrategia de la Educación Boliviana 2004-2015, Ministerio de Educación, May, 2003.

[472] Ibid., 4.

[473] The target numbers for the program are 42,000 primary school students and 7,000 street children. The World Food Programme, Country Programme – Bolivia (2003-2007), The United Nations, April 16, 2002; available from http://www.wfp.org/country_brief/index.asp?region=4.

[474] Ministerio de Educación Cultura y Deportes and Viceministerio de Educación Alternativa, Curriculum Para La Escuela Nocturna: Proyecto de Transformación Curricular para niños/as adolescentes y jóvenes trabajadores y de la calle de la Escuela Nocturna, CARE Bolivia, La Paz, 2000.

[475] Children were deemed working if they performed any paid or unpaid work for someone who is not a member of the household, performed more than four hours of housekeeping chores in the household, or performed other family work. Mario Gutiérrez Sardán for the Government of Bolivia, Multiple Indicator Cluster Survey (MICS) Report: Bolivia, UNICEF, La Paz, May 2001, 44, [cited August 25, 2003]; available from http://www.childinfo.org/MICS2/newreports/bolivia/bolivia.pdf. In 2001, it was reported that 10.75 percent of children ages 10 to 14 were in the labor force. World Bank, World Development Indicators 2003 [CD-ROM], Washington, D.C., 2003.

[476] ILO-IPEC, Trabajo Infantil en los Países Andinos: Bolivia, Colombia, Ecuador, Perú y Venezuela, Líma, 1998, 16.

[477] "Trabajo infantil: 370 mil niños trabajan en Bolivia, informo hoy la Viceministro de Género, Jámila Moravek," El Diario (La Paz), July 5, 2000. See also U.S. Department of State, Country Reports on Human Rights, Section 6d.

[478] Guillermo Dávalos, Bolivia: Trabajo Infantil en la Caña de Azúcar: Una Evaluación Rápida, ILO-IPEC, Geneva, May 2002, xi [cited September 23, 2003]; available from http://www.ilo.org/public/spanish/standards/ipec/simpoc/bolivia/ra/cane….

[479] U.S. Department of State, Country Reports on Human Rights, Section 6d.

[480] ILO-IPEC, Phase I: Program to Prevent Child Labor in Gold Mining, project document, 3.

[481] It is also reported that children work as drug transporters. U.S. Department of State, Country Reports on Human Rights, Sections 5, 6d.

[482] U.S. Department of State, Trafficking in Persons Report – 2003: Bolivia, June 11, 2003; available from http://www.state.gov/g/tip/rls/tiprpt/2003/21275.htm.

[483] U.S. Department of State, Country Reports on Human Rights, Section 6f.

[484] Ibid.

[485] Although Article 1 of Decreto Ley No. 13.907 requires 1 year of compulsory service for Bolivians who are 18 years old, it is reported that 40 percent of the armed forces are under 18 and as young as 14. Coalition to Stop the Use of Child Soldiers, "Bolivia," in Global Report 2001: Bolivia, , 2001; available from http://www.child-soldiers.org/cs/childsoldiers.nsf/f30d86b5e33403a18025….

[486] UNESCO, Education for All 2000 Assessment: Country Reports – Bolivia, prepared by Ministry of Education, Culture, and Sports, pursuant to UN General Assembly Resolution 52/84, December 12, 2000, Part I, Section 2.2 and Part II, Section 3.1 [cited August 25, 2003] available from http://www2.unesco.org/wef/countryreports/bolivia/contents.html.

[487] World Bank, World Development Indicators 2003. For an explanation of gross primary enrollment and/or attendance rates that are greater than 100 percent, please see the definitions of gross primary enrollment rate and gross primary attendance rate in the glossary of this report.

[488] Inter-Institutional Commission for the Eradication of Child Labor, Plan de Erradicación, 11. In urban centers, 57 percent of all children between ages 7 and 12 leave school before the sixth grade. The drop-out rate was 89 percent in rural regions. Ministry of Sustainable Development and Planning, Proyecto de Continuidad del Programa de Escolarización de Niñas y Niños Trabajadores de 7 a 12 Años de Edad, proposal, Vice Ministry of Gender, Generational, and Family Affairs, Bureau of Generational and Family Affairs, La Paz, 2001, 12. The Child and Adolescent Code calls upon the government to take steps to reduce school drop-out rates and in rural areas, to provide pedagogical materials and resources, to adapt the school calendar and attendance schedule to local realities, and to raise awareness within communities and among parents about the importance of registering children for school and maintaining their regular attendance. See Government of Bolivia, Ley del Código del Niño, Niña y Adolescente, Ley No. 2026, Articles 115-116, (October 14, 1999), [cited August 25, 2003]; available from http://www.geocities.com/bolilaw/legisla.htm.

[489] Inter-Institutional Commission for the Eradication of Child Labor, Plan de Erradicación, U.S. Department of State, Country Reports on Human Rights, Section 5.

[490] UN, "Millennium Development Goals: Progress in Bolivia," (2002); available from http://www.pnud.bo/MDG/ensligh/Metas-Ing.pdf.

[491] U.S. Department of State, Country Reports on Human Rights, Section 5.

[492] Decreto Supremo No. 26579, (May 20, 2002), Article 1.

[493] UNFPA is providing partial funding for the project. See U.S. Department of State official, electronic communication to USDOL official, February 7, 2003.

[494] Ley del Código del Niño, Article 126.

[495] Also included is work that involves thermal stress, vibration and noise, the production and/or sale of alcohol, entertainment (night clubs, bars, casinos, circuses, gambling halls), machinery in motion, mining, quarries, underground work, street trades, operating transportation vehicles, weights and loads, and the welding and smelting of metals. ILO, National Legislation on Hazardous Work, [online] 1998 [cited August 5, 2002]; available from http://www.ilo.org/public/english/comp/child/standards/labourle/index.h….

[496] Ley del Código del Niño, Article 146.

[497] Government of Bolivia, Constitución Política del Estado, Ley 1615, (February 6, 1995), Article 5 [cited December 13, 2002]; available from http://www.geocities.com/bolilaw/legisla.htm.

[498] U.S. Embassy La Paz, unclassified telegram no. 3028.

[499] U.S. Embassy-La Paz, unclassified telegram no. 3434, August 2000.

[500] Ibid.

[501] Government of Bolivia, Ley de Protección a las Victimas de Delitos contra la Libertad Sexual, 2033, (October 29, 1999), Article 321 [cited December 13, 2002]; available from http://natlex.ilo.org/txt/S99BOL02.htm.

[502] The Law provides for sentencing for up to 12 years imprisonment if the victim is a minor under 14 years. Ibid., 321 bis.

[503] U.S. Department of State, Country Reports on Human Rights, Section 6f.

[504] Ibid.

[505] U.S. Department of State, Trafficking in Persons Report – 2003: Bolivia.

[506] "Correo del Sur: Protegan legalmente a los niños," Los Tiempos (La Paz), March 21, 2001; available from http://www.lostiempos.com/pvyf4.shtml [hard copy on file].

[507] U.S. Embassy-La Paz, unclassified telegram no. 3740.

[508] Ministry of the Presidency, Cumbre Mundial de la Infancia: Evaluación de Metas, Vice Ministry of Governmental Coordination, Bureau of Coordination with the National Administration, La Paz, June 2001, 12.

[509] Ibid., 5, Area No. 6: Educación y Desarrollo durante la Niñez Temprana.

[510] ILO, Ratifications by Country, in ILOLEX, [database online] [cited June 23, 2003]; available from http://www.ilo.org/ilolex/english/newratframeE.htm.