Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Sale and trafficking of children. In its previous comments, the Committee took note of the provisions in the national legislation that apply to selling and trafficking for the purpose of economic or sexual exploitation and which give effect to the Convention. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations on Bolivia’s third periodic report, February 2005, expressed concern at the extent of the trafficking of children for economic and sexual exploitation (CRC/C/15/Add.256, paragraph 63). It further notes that the Committee on the Elimination of All Forms of Discrimination Against Women in its concluding comments of April 2008 on Bolivia’s second, third and fourth periodic reports expressed continuing concern at the persistence of the trafficking in women and girls and the insufficient information on its causes and extent in Bolivia (CEDAW/C/BOL/CO/4, paragraph 29).

The Committee notes that, although Bolivia’s legislation prohibits the sale and trafficking of children for economic and sexual exploitation, this worst form of child labour is, in practice, a problem. It reminds the Government that, according to Article 3(a) of the Convention, the sale and trafficking of children is considered to be among the worst forms of child labour and that according to Article 1, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government as a matter of urgency to take the necessary measures to ensure that, in practice, children under 18 years of age are protected against sale and trafficking. In this connection, it asks the Government to provide information on the application of the provisions of the national legislation that apply to sale and trafficking in practice, including statistics on the number and nature of the offences reported, the investigations conducted, prosecutions, and sentences and criminal penalties imposed.

Article 4, paragraph 1. Determining hazardous types of work. The Committee notes from the information in the ILO/IPEC report of December 2007 that a process was launched in 2007 to draw up a list of types of hazardous work prohibited for children under 18 years of age. To this end, an agreement was signed by the Ministry of Labour with the employers’ and workers’ organizations. The Committee hopes that the list of types of hazardous work prohibited for children under 18 years of age will be adopted shortly. It requests the Government to provide information on all progress made to this end and on consultations held with the organizations of employers and workers in determining such work.

Article 7, paragraph 2. Effective and time-bound measure. Clause(a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that according to UNICEF statistics for 2008, the net primary-school enrolment rate is 96 percent for girls and 94 per cent for boys, and at secondary-school level, 72 per cent for girls and 73 per cent for boys. It also notes from the UNICEF statistics that the net attendance rate at primary-school level is 77 per cent for girls and 78 per cent for boys and at secondary school, 56 per cent for girls and 57 per cent for boys. The Committee further notes that, according to the EFA Global Monitoring Report for 2008 published by UNESCO and entitled Education for All by 2015: Will we make it?, Bolivia has attained the objective of parity between the sexes in both primary and secondary education. The report also finds that Bolivia stands a good chance of attaining the objective of universal primary education by 2015. The Committee nonetheless notes the finding in the report that in terms of education for all, there are still disparities between indigenous and non-indigenous peoples.

The Committee takes due note of the net primary-school enrolment rate and the fact that the country stands a good chance of obtaining universal primary education by 2015. It also observes that the net primary-school attendance rate is relatively good. It nonetheless expresses concern that the net secondary-school enrolment and attendance rates are rather low. In view of the fact the education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the running of the country’s education system. In this connection, it requests the Government to provide information on the time-bound measures taken to increase the attendance rate in both primary and secondary school and to reduce the disparities in education for all between indigenous and non-indigenous peoples. It also asks the Government to provide information of the results obtained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking and sale of children. The Committee notes that, in its concluding comments of April 2008, the Committee on the Elimination of All Forms of Discrimination Against Women expressed continuing concern at the absence of appropriate steps to combat the sale and trafficking of women and children at national and regional levels (CEDAW/C/BOL/CO/4, paragraph 26). The Committee notes in this connection that a national plan is being prepared for the comprehensive protection of children and that it will address the sale and trafficking of children for economic and sexual exploitation. The Committee requests the Government to provide a copy of the national plan as soon as it is adopted. It also asks the Government to send information on any action programmes prepared and implemented under the plan in order to withdraw children from this worst from of child labour.

Article 8. International cooperation and assistance. 1. Regional cooperation. With reference to its previous comments, the Committee notes that according to the Government, the Ministry of Foreign Affairs of Bolivia together with the Government of Chile organized a workshop on the worst forms of child labour with a particular focus on sale and trafficking. The purpose of the workshop was to enhance regional cooperation between Bolivia and Chile and to prepare a mutual assistance strategy to protect the victims of the sale and trafficking of children. The Committee requests the Government to provide information on the measures taken as a result of the workshop to eliminate the worst forms of child labour.

2. Poverty reduction. In its previous comments, the Committee noted the adoption of the National Plan for Economic and Social Development and the Strategy to Combat Poverty. Noting the absence of any information in the Government’s report it again recalls that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential to the elimination of the worst form of child labour. It accordingly asks the Government to provide information on the impact on eliminating the worst forms of child labour of the National Plan for Economic and Social Development and the Strategy to Combat Poverty.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee asked the Government to step up efforts to eliminate the worst forms of child labour and asked it to continue to send information on the application of the Convention in practice. The Committee notes the Government’s statement that the National Statistics Institute (INS), together with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC), is conducting a study on child labour. According to the Government, the study will take into account the worst forms of child labour and will show where the country stands in terms of such labour. The Committee requests the Government to provide a copy of the study on child labour as soon as it is completed.