Child Labor In Bolivia: A Complex Reality

Child labour is a widespread phenomenon in Bolivia, with hundreds of thousands of children working in the country, both legally and illegally. In 2014, the Bolivian government passed a controversial law allowing children as young as 10 to work, with parental supervision. While some see this as a necessary step to protect children's rights and provide them with a means of survival, others argue that it violates international conventions and perpetuates a cycle of poverty. The law has also faced criticism for its lack of enforcement and insufficient resources, leading to concerns about the protection of working children in Bolivia.

Child labour in Bolivia: prevalence and sectors

Child labour is a widespread phenomenon in Bolivia. In 2014, the U.S. Department of Labor estimated that approximately 20.2% of children between the ages of 7 and 14, or 388,541 children, make up the labour force in Bolivia. This figure has also been estimated to be as high as 850,000 children. The majority of child labourers in Bolivia are employed in the agricultural sector, with around 70.9% working in activities such as planting and harvesting crops, working on cattle ranches, and mining.

In 2014, the Bolivian government passed a new child and adolescent code, which lowered the minimum working age to ten years old under certain working conditions. This code stipulates that children between the ages of ten and twelve can work as self-employed individuals, while children between the ages of twelve and fourteen may work as contracted labourers, provided their work does not interfere with their education and they work under parental supervision.

While the new code was intended to protect the rights of working children in Bolivia, it has been met with criticism and concern from human rights groups and international organisations. Some argue that the law compromises the UN Convention on the Rights of the Child, as it sends the message to children that hard labour, rather than education, is the only escape from poverty.

Bolivia's unique cultural context also plays a role in the perception of child labour in the country. In Andean culture, work is seen as an important agent of socialization for children and is considered a dignified and integral part of their inclusion into the wider community. However, the normalization of child labour in Bolivia, particularly in urban settings such as La Paz, has led to the stigmatization and exploitation of young workers.

The legal framework for child labour

In 2014, Bolivia passed a new Code for Children and Adolescents (CCA), which officially authorises child labour from the age of 10. This decision was met with strong indignation and concern from international organisations and NGOs working for the eradication of child labour. The new code does not alter the official working age, which remains at 14 years old, but adds two exceptions. According to the new code, a child may work for someone else from the age of 12 or in a self-employed capacity from the age of 10, provided they have parental permission and authorisation from the Office of Defence of Children and Adolescents, and that the work is not harmful to the child's education, health or development.

Bolivia has ratified all key international conventions concerning child labour, including Convention No. 138 of the International Labour Organisation (ILO), which covers the minimum age for admission to work, and Convention No. 182, which covers the worst forms of child labour. However, Bolivia's laws do not meet international standards on the prohibition of child trafficking, as they require that the use of threats, force, or coercion be proven for a crime to have taken place.

• Articles 8 and 58 of the General Labor Law; Article 129 of the Child and Adolescent Code; Sentence 0025/2017 of the Plurinational Constitutional Tribunal; Article 3 of Law No. 1139 set the minimum age for work.
• Articles 58 and 59 of the General Labor Law; Articles 5 and 136 of the Child and Adolescent Code outline the minimum age for hazardous work.
• Article 136 of the Child and Adolescent Code identifies hazardous occupations or activities prohibited for children.
• 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 prohibit slavery, debt bondage, and forced labour.
• Article 15 of the Constitution; Articles 6, 34, and 35 of the Comprehensive Law against Human Trafficking and Smuggling prohibit child trafficking.
• Articles 34 and 35 of the Comprehensive Law against Human Trafficking and Smuggling; Articles 281 bis, 321, 321 bis, and 323 bis of the Penal Code prohibit the commercial sexual exploitation of children.
• Articles 47, 48, and 56 of the Law on Coca and Controlled Substances prohibit the use of children in illicit activities.
• Article 2 of the General Directive of Pre-Military Recruitment; Articles 2 and 7 of the Law of National Military Service set the minimum age for voluntary state military recruitment.
• Articles 108 and 249 of the Constitution; Article 1 of Supreme Decree No. 1875; Article 1 of Supreme Decree No. 21479 prohibit compulsory recruitment of children by the state military.
• Articles 108 and 249 of the Constitution require Bolivian males to perform compulsory military service in accordance with national law.
• Article 1 of Supreme Decree No. 1875, passed in 2014, lowered the minimum age for compulsory military service to 17, which does not comply with international standards.
• Article 81 of the Constitution; Articles 1, 8, 9, and 11–14 of the Avelino Siñani-Elizardo Pérez Education Law outline compulsory education age and free public education.

Despite these laws and regulations, Bolivia is facing challenges in enforcing them effectively. Insufficient financial resources, high poverty rates, and a lack of public reporting on activities hinder the country's efforts to address child labour.

Child labour and human rights

Child labour is a widespread phenomenon in Bolivia, with an estimated 20.2% of children between the ages of 7 and 14, or 388,541 children, making up the labour force. The country has ratified key international conventions, including the United Nations Convention on the Rights of the Child, and passed legislation to protect children's rights. However, the issue of child labour persists and is a complex problem influenced by cultural, economic, and social factors.

Cultural Factors

In Andean culture, work is viewed as an important aspect of a child's socialisation, contributing to their inclusion in the community and instilling traditional values. Children are expected to contribute to their families and communities from a young age, and this is considered a dignified role. This cultural perspective differs significantly from Western concepts of childhood, which emphasise vulnerability and protection.

Economic Factors

Bolivia is one of the poorest countries in South America, with a high percentage of its population living below the poverty line. Poverty is a major driver of child labour, as children from low-income families work to support their families' survival. The lack of economic resources also impacts the implementation of laws and policies aimed at eradicating child labour.

Social Factors

Social inequalities, particularly in access to education and health care, contribute to the prevalence of child labour. Low educational attainment, especially in rural and indigenous communities, increases the likelihood of children engaging in labour activities. Additionally, issues such as child prostitution, human trafficking, and child marriage are prevalent in Bolivia, further exacerbating the vulnerability of children.

Human Rights Implications

The existence of child labour in Bolivia has significant implications for human rights. While the country has ratified the UN Convention on the Rights of the Child, the reality on the ground falls short of these commitments. Children's rights to education, health, protection from violence, and a safe and joyful childhood are often compromised when they enter the labour force.

The International Labour Organization (ILO) defines child labour as work that "deprives children of their childhood, their potential, and their dignity and that is harmful to their mental and physical development." The work undertaken by children in Bolivia, such as agricultural labour, mining, and domestic service, often falls into this category. These activities can expose children to hazardous conditions, long working hours, and physical and mental health risks.

Addressing Child Labour

Efforts to address child labour in Bolivia have included initiatives by the Bolivian government, non-governmental organisations, and international bodies such as the ILO and UNICEF. These initiatives aim to improve access to education, provide social services and protection for children, and promote equitable opportunities. However, the effectiveness of these measures is hindered by limited resources, inadequate enforcement, and the complex interplay of cultural, economic, and social factors.

Child labour and poverty

Child labour is a widespread phenomenon in Bolivia, with an estimated 20.2% of children between the ages of 7 and 14, or 388,541 children, making up the labour force. Poverty is a significant driver of child labour in the country, as children from low-income families work to support their families' basic needs and survival. Bolivia is one of the poorest countries in South America, with approximately 45% of its population living below the poverty line. The lack of economic opportunities and the informal nature of the economy contribute to the prevalence of child labour.

Indigenous children and those from rural areas are more likely to engage in child labour, often working in agricultural labour or mining. They face hazardous working conditions, exposure to harmful chemicals, and long work hours that interfere with their education. The Bolivian government has ratified relevant international conventions, such as the United Nations Convention on the Rights of the Child, and has taken steps to address child labour through legislation and social programmes. However, the challenge of effectively enforcing these laws and ensuring the protection of children's rights remains.

Cultural factors also play a role in the acceptance of child labour in Bolivia. In Andean culture, work is viewed as an important aspect of a child's socialisation and inclusion in the community. It is seen as a means to contribute to family cohesiveness and is considered a dignified role. However, this perspective contrasts with Western notions of childhood, which emphasise protection and vulnerability.

The issue of child labour in Bolivia is complex and deeply rooted in social, economic, and cultural factors. While some argue that the legalisation of child labour can provide protections for working children, others emphasise the negative impact on their education, health, and overall well-being. The debate surrounding child labour in Bolivia highlights the need for comprehensive solutions that address the underlying causes and prioritises the best interests of children.

Bolivia's efforts to address child labour and poverty are ongoing. The government has implemented initiatives such as the Juancito Pinto Subsidy Program, which provides conditional cash transfers to improve school attendance and reduce dropout rates. Additionally, programmes like "Market Spaces" aim to provide mentorship and support to children working in markets. While these initiatives are a step in the right direction, addressing the systemic issues of child labour and poverty in Bolivia will require sustained commitment and collaboration across various sectors.

Efforts to eliminate child labour

Child labour in Bolivia is a widespread phenomenon, with approximately 20.2% of children between the ages of 7 and 14, or 388,541 children, making up the country's labour force. Bolivia has taken several steps to address this issue and protect children's rights. Here are some key efforts to eliminate child labour in Bolivia:

Legal Framework and Policies

Bolivia has ratified several international conventions related to child labour, including the United Nations Convention on the Rights of the Child and the International Labour Organization's (ILO) conventions on the minimum age for employment and the worst forms of child labour. In 2023, Bolivia made moderate advancements by signing an agreement with Argentina to coordinate actions against human trafficking, migrant smuggling, and related crimes. Bolivia also established a National Commission for the Progressive Eradication of Child Labour to coordinate national efforts.

Enforcement of Laws

Bolivia's Ministry of Labor (MOL) conducts routine labour inspections and responds to public complaints. They refer cases involving hazardous or illegal child labour conditions to the municipal Child Advocate Office. The Prosecutor's Office, in collaboration with the Attorney General's Office and the Bolivian National Police, enforces criminal laws related to the worst forms of child labour and maintains a database of human trafficking cases.

Social Programs

Bolivia has implemented social programs such as the Juancito Pinto Subsidy Program, which provides conditional cash transfers to improve school attendance and reduce dropout rates. The "Market Spaces" program in Santa Cruz trains university volunteers to mentor and provide food to children who previously worked in markets with their parents. The Bolivian Foreign Trade Institute's Triple Seal Initiative recognises companies that comply with laws and conventions on child labour and forced labour issues.

Education Initiatives

The Bolivian Ministry of Education offers an "accelerated leveling program" to help child labourers catch up with their education. The UNICEF Bolivia country program (2013-2017) aims to increase technical support and improve access to social services for children, protecting them from abuse and sexual exploitation. The ILO's International Programme on the Elimination of Child Labour (IPEC) promotes equitable access to education and monitors the impact of child labour on educational attainment.

Addressing Trafficking and Exploitation

Bolivia, in collaboration with civil society organisations and the police, launched Alerta Juliana, a mobile application to help locate missing children and refer them to authorities and protection services. The Plurinational Council to Combat Trafficking and Human Smuggling was established to implement the National Plan to Combat Trafficking and provide specialised care for victims.

Despite these efforts, challenges remain in fully eliminating child labour in Bolivia. Insufficient financial resources hinder enforcement, and Bolivia's laws on child trafficking and minimum age requirements for apprenticeships do not meet international standards. However, the country's ongoing commitment to addressing these issues provides hope for further progress in protecting children's rights and ensuring their well-being.

Frequently asked questions