Child Labour In Bolivia: Ethical Dilemma Explored

In this episode of the Global Development podcast, Kary Stewart explores the issue of child labour in Bolivia and questions whether it can be justified by the country's unique cultural context. With approximately 850,000 child labourers in Bolivia, Stewart investigates the reasons behind this phenomenon and the potential implications for children's rights and well-being. The podcast includes interviews with individuals who started working at a young age, providing insight into their experiences and perspectives. The Bolivian government's decision to lower the minimum working age has sparked controversy and protests, with complex factors at play, including economic necessities, cultural norms, and the fight for children's rights.

Child labour in Bolivia: the numbers and the context

In Bolivia, around 850,000 children are engaged in some form of economic activity, with the majority of these children employed in the agriculture sector or selling goods on the streets. This phenomenon is not new, and as of 2014, Bolivia officially lowered the minimum working age from 14 to 10 years old, becoming the first country to do so. This decision sparked international outcry and criticism from organisations such as the International Labour Organisation (ILO), which argued that Bolivia was abandoning a child's right to a childhood.

Despite the existence of some protections included in the law, such as parental supervision for children between 10 and 12, the implementation and enforcement of these regulations are challenging due to limited resources and a lack of inspectors. Additionally, there are concerns about the impact of child labour on education and future employment prospects.

The complex dynamics of child labour in Bolivia are influenced by various factors, including economic circumstances, cultural norms, and societal expectations. For many families, the income generated by child labourers is essential for their survival, and children are often expected to contribute to the family income. Additionally, cultural norms in Andean society view child labour as a dignified aspect of a child's upbringing, where children are expected to actively participate in community activities, such as harvesting or planting.

The debate surrounding child labour in Bolivia is intense and multifaceted, with strong opinions on both sides. Some argue that child labour should be eradicated to protect children's rights and wellbeing, while others believe that recognising and regulating child labour can provide protection for child workers and uphold their rights within a specific cultural and economic context.

The Bolivian government maintains that their legislation is an improvement in terms of rights and is committed to ensuring the "full and effective enjoyment" of children's rights while taking into account the country's unique socio-cultural reality. However, international organisations and human rights groups continue to condemn Bolivia's approach, highlighting the potential for exploitation and the negative impact on children's education and future prospects.

Child labour laws in Bolivia

In 2014, Bolivia passed a new Children's and Adolescents' Code (Law 548), which recognises child labour as exceptional but allows children to work from the age of ten for self-employed children and twelve for children who work for others, if authorised by the Child Ombudsman Office. This code was passed following a highly intense and conflictual domestic debate about the nature of citizenship and Bolivia's place within the global political economy. The debate was between two groups, one in favour of strict adherence to International Labour Organization (ILO) norms and the other pushing for an interpretation of children's rights that stretched those norms to fit Bolivia's domestic political economy. The latter group prevailed, and their arguments resonated with the broader political process that Bolivia is undergoing.

The new law contravenes the ILO's minimum working age protocol of 14 and has been criticised by some as an abandonment of a child's right to a childhood. However, the law does include some protections: children between 10 and 12 must be supervised by a parent while they work, under-12s are not permitted to undertake third-party employment, and children must still attend school.

Despite these protections, there are concerns about the ability to enforce these laws effectively in Bolivia. There are about 850,000 child labourers in the country and only 78 inspectors, and it is unclear whether there is sufficient funding for prosecutors and judges to carry out their work. There are also concerns that the new law could lead to a greater regional acceptance of child labour, making it harder to eradicate.

Bolivia has ratified all key international conventions concerning child labour, but its laws do not meet international standards on prohibitions against child trafficking, as they require that the use of threats, force, or coercion be proven for a crime to have taken place. Additionally, Bolivian law does not set a minimum age for participation in apprenticeships.

Child labour laws in Bolivia vs. international standards

Bolivia has ratified all key international conventions concerning child labour. However, its laws do not meet international standards on prohibitions against child trafficking, as they require that the use of threats, force, or coercion be proven for a crime to have taken place. In 2014, Bolivia became the first country to legalise child labour, reducing the minimum age of employment from 14 years old to just 10. This change in legislation was met with international outcry.

The new law includes some protections for children: those between 10 and 12 must be supervised by a parent while they work, under-12s are not permitted to undertake third-party employment, and children must still attend school. However, with about 850,000 child labourers in Bolivia and only 78 inspectors, it is difficult to uphold these protections. There are concerns that children will be too exhausted after a day's work to engage in learning, and will miss out on a proper education, limiting their chances of better-paid employment in the future.

In 2023, Bolivia made moderate advancements in its efforts to eliminate the worst forms of child labour. For example, it signed an agreement with Argentina that included 35 coordinated actions to combat human trafficking, migrant smuggling, and related crimes. However, Bolivia's laws still do not meet international standards on the prohibition of child trafficking. Additionally, the government did not publicly release information on its labour and criminal law enforcement efforts in 2023.

Child labour in Bolivia: the government's perspective

The Bolivian government's perspective on child labour is complex and influenced by various factors, including cultural context, economic conditions, and societal norms. Here is an overview of the government's stance on this issue:

Recognition of the Issue

The Bolivian government acknowledges the prevalence of child labour in the country, with approximately 850,000 children engaged in some form of economic activity. This phenomenon is particularly noticeable in urban areas, where children can be seen working as street vendors, shoeshiners, and in other informal sectors.

Cultural Context

The government recognises that cultural norms and traditions play a significant role in the acceptance of child labour in Bolivia. In rural communities, it is common for children to contribute to family activities, such as harvesting or planting, and this is considered a cultural and social obligation. The Andean worldview values children's contributions and sees their participation as a dignified aspect of their upbringing.

Economic Realities

Bolivia is not a first-world country, and many families rely on the income generated by their children to survive. The government acknowledges that in some cases, child labour is a result of economic necessity rather than exploitation. However, they also emphasise the importance of education and the need to balance work and schooling.

Legal Framework

In 2014, the Bolivian government amended the Code for Children and Adolescents, lowering the minimum working age from 14 to 10 years old under specific conditions. This decision was influenced by protests from children's unions and a recognition of the unique societal factors in Bolivia. The government emphasised the importance of distinguishing between child labour and child exploitation, where children are forced to work in dangerous or detrimental conditions.

Implementation Challenges

However, implementing and enforcing these laws has proven challenging due to limited resources and a lack of coordination between government agencies. There are also concerns about the effectiveness of inspections and the ability to protect children from the worst forms of child labour, such as commercial sexual exploitation and human trafficking.

International Criticism

The Bolivian government has faced significant international criticism for its stance on child labour, with some arguing that it legalises child labour and goes against international standards set by organisations like the International Labour Organisation (ILO). However, the government defends its position by highlighting the unique cultural and economic context of the country.

In conclusion, the Bolivian government's perspective on child labour is shaped by a combination of cultural, economic, and societal factors unique to the country. While they have taken steps to protect children's rights and prevent exploitation, the complex nature of child labour in Bolivia presents ongoing challenges for effective policy implementation and enforcement.

Child labour in Bolivia: the children's perspective

In Bolivia, it is estimated that there are 850,000 child labourers, some as young as four or five. Many of these children work in urban settings, such as the capital city of La Paz, while others work in rural communities. For example, 11-year-old Abigail sells pastries in El Alto, La Paz, and 11-year-old Miguel Anghel and his 13-year-old cousin Jorge work as shoeshiners in La Paz.

Bolivia has a long history of child labour, with many children working to support their families and contribute to their survival. This is particularly common in rural areas, where children often help with harvesting and planting. In some cases, children may even be the primary breadwinners for their families.

The issue of child labour in Bolivia is complex and multifaceted. On the one hand, there are economic factors that drive children to work, as families may rely on their income to survive. On the other hand, cultural factors also play a role, as children are expected to contribute to their communities and help with family businesses. Additionally, there are educational barriers that make it difficult for children to access schooling, further perpetuating the cycle of child labour.

Many children in Bolivia have a strong sense of responsibility and feel a need to contribute to their families and communities. They may view work as a way to gain independence and support themselves and their loved ones. For example, Alfredo Ruben Targui Alunoca, a former child worker and member of a child workers' union, shared his story of working from a young age to support his family. He worked various jobs, including selling jellies, working on minivans, and construction, to earn money for rent and other expenses.

However, child labour in Bolivia also has negative consequences and can lead to exploitation and dangerous working conditions. Some children may be forced to work in hazardous industries, such as mining or construction, or may be subjected to discrimination, racism, and violence. For example, shoeshiners in La Paz, like Miguel and Jorge, often encounter stigma and discrimination due to the low social status associated with their work.

Overall, the perspective of Bolivian children on child labour is complex and varied. While some may view it as a necessary means of survival and a way to contribute to their families, others may face exploitation and hazardous working conditions. The issue is deeply rooted in the country's economic and cultural landscape, and addressing it requires a comprehensive approach that considers the unique circumstances of each child.

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