Bolivia

Paragraph 47

On 2 August 1953 a legislative decree concerning agrarian reform was promulgated in Bolivia. Both the preamble and the body of this decree… refer explicitly to the indigenous peoples of the country and provide for measures calculated to bring about a substantial improvement in their situation… The fundamental aims of the reform as stated in the decree are as follows:… (c) to liberate rural workers from their conditions of servitude by prohibiting unpaid personal services and similar operations…

Article 15

(V) – No person shall be subjected to servitude or slavery. Prohibit trafficking and human trafficking.

Article 22

The dignity and freedom of persons is inviolable. It is the primary responsibility of the State to respect and protect them.

Article 46

(I) – Every person has the following rights:

1.To dignified work, with industrial and occupational health and safety, without discrimination, and with a fair, equitable and satisfactory remuneration or salary that assures a dignified existence for the worker and his or her family.

2.To a stable source of work under equitable and satisfactory conditions.

(II) – The State shall protect the exercise of work in all its forms.

(III) – All forms of forced work or other analogous exploitation that obligates a person to work without his or her consent and without fair remuneration is prohibited.

Article 61

(I) Any form of violent punishment against children or adolescents is prohibited, both in the family as well as in society.

(II) Forced work and child labor is prohibited. The activities of children and adolescents within their families and society shall be directed to their full development as citizens, and they shall have a formative function. Their rights, guarantees, and the institutional mechanisms for their protection shall be the object of special regulation.

Constitution of the Plurinational State of Bolivia 2009 (PDF)

Article 132 bis Criminal Organization

Anyone who is part of an association of three or more people permanently organized under rules of discipline or control, intended to commit the following offenses: genocide, destruction or damage to state property national wealth, abduction of a minor or disabled, migrant smuggling, detention, human trafficking, abuse and torture, kidnapping, laundering of illicit proceeds, manufacturing or trafficking of controlled substances, environmental crimes under special laws intellectual property crimes, or take advantage of business or commercial structures, to commit such crimes shall be punished with imprisonment from one to three years.

Article 281 bis Human Trafficking

I. It will be sanctioned with deprivation of freedom of ten (10) to fifteen (15) years, who by any means of deceit, intimidation,

Abuse of power, use of force or any form of coercion, threats, abuse of the situation of dependence or vulnerability of the victim, granting or receiving payments by himself or by third person perform, induce or favor the capture, transfer, Transportation, deprivation of liberty, reception or reception of persons inside or outside the national territory, even if it mediates the consent of the victim, for any of the following purposes:

1. Sale or other acts of human disposition, whether for profit or not .

2. Extraction, sale or illicit disposal of human body fluids or liquids, cells, organs or tissues.

3. Reduction to slavery or similar status.

4. Labor exploitation, forced labor or any form of servitude.

5. Bondage customs.

6. Commercial sexual exploitation.

7. Forced pregnancy.

8. Sex tourism.

9. Keep the adoption.

10. Forced begging.

11. Servant marriage, free union or servile fact.

12. Recruitment of persons for participation in armed conflicts or religious sects.

13. Employment in criminal activities.

14. Unlawful conduct of biomedical research.

II. The sanction will be aggravated by a third when:

1. The author or author, or participant, is a spouse, partner or partner of the victim, is related up to the fourth degree of consanguinity or second degree of affinity, is in charge of guardianship, Custody, custody or education of the victim.

2. The author or author is a servant or public servant, enjoys diplomatic immunity, or medical professional or purpose.

3. Use drugs, drugs or weapons.

III. The sanction will be from fifteen (15) to twenty (20) years when the victim is a child or adolescent, person with physical disability, illness or psychic deficiency, pregnant woman, or the perpetrator is part of a criminal organization, occurs A very serious injury or the life, integrity or safety of the victim is endangered.

IV. If the crime results in the death of the victim, the sanction provided for the crime of murder shall be imposed. “

Article 281 b Smuggling of Migrants

That benefit themselves or third party for any means induces, promotes, encourages, finances or facilitates the entry or departure of persons illegally or in violation of immigration laws, shall be punished with imprisonment of four (4) to eight (8) years.

If the result of fraudulent actions or omissions taken place by the victim’s death penalty shall be imposed for the crime of murder.

If the death was caused by negligent acts or omissions, the penalty shall be increased by half

Article 281 quaternary Pornography and obscene performances with children or adolescents

He who by himself or a third person, by any means, promote, produce, display, market or distribute pornographic material, or promoting obscene performances in which involving children or adolescents will be punished with imprisonment of three (3) to six (6) years.

The penalty shall be increased by a quarter when the perpetrator or the father, mother, guardian or person having under his city, supervision or authority to the child or adolescent.

Article 291. Reduction to Slavery or Similar Status.  

Whoever reduces a person to slavery or to a similar status shall be punished by imprisonment for two to eight years.

If the victim of the offence is a child or adolescent, the penalty shall be deprivation of liberty from eight to sixteen years.

Article 321 pimping

I. Who through deceit, abuse of a situation of need or vulnerability, a relationship of dependence or power, Violence, threat or any other means of intimidation or coercion, in order to satisfy the wishes of others or for the purpose of profit or benefit, promote, facilitate or contribute to the prostitution of a person of either sex, With deprivation of liberty of ten (10) to fifteen (15) years.

II. The penalty of deprivation of liberty shall be twelve (12) to eighteen (18) years when the victim is under eighteen (18) years of age, a person suffering from any type of disability.

III. The penalty of deprivation of liberty shall be fifteen (15) to twenty (20) years, if the victim is less than fourteen (14) years of age, even if it is with his consent and does not mediate the circumstances provided for in paragraph I, or Author or participant was the ascendant, spouse, cohabiting partner, brother, guardian, Curator or custodian of the victim. The same sanction will be imposed on the author, author or participant to use drugs, drugs and others to force, coerce or subject the victim.

IV. The penalty of deprivation of liberty shall be from eight (8) to twelve (12) years, who shall, on his own account or by third parties, keep ostensibly or covertly a house or establishment where sexual exploitation and / or commercial sexual violence are promoted.

Article 321 Bis. Traffic of People

I. Who promotes, induces, favors and / or facilitates by any means the illegal entry or exit of a person from the Plurinational State of Bolivia to another State of which said person is not a national or permanent resident, in order to obtain directly or indirectly Economic benefit for itself or for a third party,

Shall be punished with deprivation of liberty of five (5) to ten (10) years.

The sanction will be aggravated in half when:

1. The conditions of transportation endanger their physical and / or psychological integrity.

2. The author or author is a server or public servant.

3. The author or the author is the person in charge of protecting the rights and integrity of the people in vulnerable situation.

4. The author or author would have been a party or member of a diplomatic delegation or mission, at the time of the commission of the offense.

5. The offense is committed against more than one person.
6. The activity is habitual and for profit.
7. The author or author is part of a criminal organization.
8. The sanction will be aggravated by two thirds when the victim is a child or adolescent, person with physical disability, illness or psychic deficiency or a pregnant woman.

III. Whoever promotes, induces, favors and / or facilitates by any means the illegal entry or exit of a person from a department or municipality to another person from whom said person is not a permanent resident, through deceit, violence, threat, in order to obtain direct Or indirectly economic benefit for itself or for a third party, shall be punished with deprivation of liberty of four (4) to seven (7) years.

Penal Code (PDF)

Article 1. Purpose

The purpose of this Act is to combat Trafficking in Persons and related crimes and to guarantee the fundamental rights of victims through the consolidation of measures and mechanisms for the prevention, protection, care, prosecution and criminal punishment of these crimes.

Article 3. Purposes

The present Law establishes the following aims:

1. To establish measures of prevention of crimes of Trafficking in and Trafficking of People, and related crimes.

2. Implement and consolidate public policies for protection, care and integral reintegration, for victims of crimes of Trafficking and Trafficking in Persons, and related offenses.

3. Strengthen the response of the criminal justice system to the crimes of Trafficking in Persons and Trafficking, and related offenses.

4. Promote and facilitate national and international cooperation to achieve the objective established in this Law.

Article 6. Definitions

For the purposes of interpretation and application of this Law, the following definitions are adopted:

2. Exploitation. It is the obtaining of economic or other benefits through the forced participation of another person in: acts of prostitution, sexual and / or labor exploitation, worse forms of child labor, debt bondage and other forms of forced labor, sale And illicit extraction of fluids, tissues, Cells or other organs of the human being.

3. Servitude. It is a state of dependence or subjection of the will in which the victim induces or forces the victim to perform acts, jobs or services for various purposes, through deception, threats, coercion or other forms of violence.

4. Servitude by Debts. It is all work or service that is required of a person who has no choice or knowledge about the consequences of the loans or salary advances received, generating their subjection and submission.

6. Servile marriage. It is the labor and / or sexual exploitation of a partner and involves situations of slavery, isolation, control and physical, sexual and reproductive violence.

7. Illegal Keeping and Adoption. It is the procedure of custody and adoption of children and adolescents that is performed without compliance with the legal requirements and regulations stipulated in national regulations and international instruments.

8. Forced Labor. It is any work or service performed by a person, under threat or coercion, with or without the consent of the person. Giving wages or other compensation does not necessarily mean that the work is not forced or forced.

Article 17. Labor Scope

I. The Ministry of Labor, Employment and Social Security, on an annual basis, will inform the Plurinational Council of the strategy to be implemented to comply with Article 24 of Law No. 263, as well as the progress made.

II. The Ministry of Labor, Employment and Social Welfare will create a National Registry

of Private Employment Agencies.

III. The Ministry of Labor, Employment and Social Welfare may coordinate with the autonomous

territorial entities, Actions aimed at the socio-economic reintegration of the victim or others linked to the prevention of trafficking and trafficking in persons and related offenses.

Law no.263 Comprehensive Against Trafficking and Trafficking in Person 2012 (PDF)

Note: Sets the minimum age for employment at 14, except for apprenticeships.

Article 23. Pimping

1. Who through deceit, abuse of a situation of need or vulnerability, a relationship of dependence or power, Violence, threat or any other means of intimidation or coercion, in order to satisfy the wishes of others or for the purpose of profit or benefit, promote, facilitate or contribute to the prostitution of a person of either sex, shall be punished with deprivation of liberty of three to seven years. The penalty of deprivation of liberty shall be five to ten years when the victim is under eighteen (18) years of age, a person suffering from any type of disability or if he was the ascendant, spouse, cohabiting partner, brother, guardian, curator or custodian of the victim.

The penalty of deprivation of liberty shall be ten to fifteen years, if the victim is less than fourteen (14) years of age, even if it is with his consent and does not mediate the circumstances provided for in paragraph I.

The penalty of deprivation of liberty shall be from five to ten years, who shall, on his own account or by third parties, keep ostensibly or covertly a house or establishment where sexual exploitation and/or commercial sexual violence are promoted.

Article 321 Bis. Trafficking in Persons

Whoever induces, promotes or favours the entry into or exit from the country, or the transfer within it, of persons to engage in prostitution, by means of deception, violence or threats, or by reducing them to a state of unconsciousness for this purpose, shall be punished by deprivation of liberty for four to eight years. If they are under 18 years of age, the penalty shall be deprivation of liberty for six to ten years. If the victim is under 14 years of age, the penalty shall be 15 years’ imprisonment

Note: Penalizes the use of child labor, the use or procurement of minors for purposes of prostitution, and trafficking offenses related to children.