RECOMMENDATIONS FOR BOLIVIA:
Increase resources designated for specialized assistance for
trafficking victims across the country, including for victims of forced labor; strengthen efforts to prosecute
trafficking offenses, and convict and punish traffickers and fraudulent labor recruiters; implement formal
procedures for officials to identify trafficking victims among vulnerable populations and refer victims to care
services; increase resources for prosecutors and police and direct dedicated human trafficking units to focus on
human trafficking as opposed to other crimes, such as missing persons; implement systematic, victim-centered
anti-trafficking training for government officials, including police, prosecutors, judges, and social workers;
intensify law enforcement efforts against the forced labor of adults and children, including domestic servitude,
and the forced prostitution of adults; improve data collection on anti-trafficking efforts, adequately
distinguishing human trafficking from other crimes and reporting length of traffickers’ sentences; provide
returning Bolivian trafficking victims reintegration services; and designate one government entity to be in charge
of anti-trafficking efforts.
PROSECUTION
Government efforts to hold traffickers criminally accountable remained weak. Law 263 of 2012 prohibits all forms of
trafficking and establishes penalties of 10 to 20 years’ imprisonment. These penalties are sufficiently stringent
and commensurate with penalties for other serious crimes, such as rape.The law diverges from the 2000 UN TIP
Protocol, however, by penalizing non-trafficking crimes, such as illegal adoption and the removal or sale of
organs, as human trafficking. Some officials conflated human trafficking with the movement of children within the
country or to other countries without proper documentation. Some police and prosecutors investigated trafficking
cases as non-trafficking crimes, such as pimping; this was sometimes due to a belief that trafficking cases were
difficult to prove in court.
The government did not provide reliable or comprehensive data on the number of trafficking investigations or
prosecutions initiated in 2014. Authorities reported convicting 12 traffickers and acquitting five individuals of
trafficking in 2014 but did not report sentence length, specify the form of trafficking, or provide court
documentation to confirm convictions. Press reports indicated one Bolivian trafficker was sentenced to 17 years’
imprisonment for abducting and forcing a Moroccan child resident of Spain to work in coca cultivation and at
markets in Bolivia, in addition to sexually abusing the child. In comparison, in 2013 the government prosecuted and
convicted two traffickers. The government operated anti-trafficking and anti-smuggling police units.These units
investigated other crimes such as missing persons and domestic violence, limiting officers’ ability to focus on
human trafficking cases. Some police conflated trafficking with other issues, such as missing persons. Frequent
rotation of law enforcement officials and insufficient resources hampered anti-trafficking efforts. Police relied
heavily on civil society organizations’ donations to conduct law enforcement operations, and research published in
2014 found anti-trafficking law enforcement operations in recent years were almost exclusively limited to brothel
inspections and identification of child sex trafficking victims. The office for prosecution of human trafficking
and other crimes coordinated national prosecution efforts.The government provided some anti- trafficking training
to police and members of the military. Some officials reported traffickers could bribe prosecutors to avoid being
charged. There was no information available regarding a 2013 report from the ombudsman’s office that two police
officers allegedly forced female inmates into prostitution.The government
did not report any investigations, prosecutions, or convictions of government employees complicit in
trafficking.
PROTECTION
The government made inadequate victim protection efforts. Authorities approved but did not implement an early
detection protocol for police and social service providers to identify trafficking and smuggling cases. Officials
lacked formal procedures for identifying trafficking victims among vulnerable populations, such as people in
prostitution or child laborers. Authorities did not report the number of trafficking victims identified or referred
to care services in 2014. In comparison, prosecutors reported identifying 253 trafficking victims in 2013. Based on
press accounts, experts, and government data, most victims identified were girls in sex trafficking. Efforts to
identify forced labor victims or adult trafficking victims were more limited.The Ministry of Labor (MOL) had nine
inspectors to investigate child and forced labor but did not report how many labor trafficking victims they
identified, if any, in 2014.
Specialized victim services were lacking in most of the country. NGOs provided the majority of specialized care
without government funds. Police and prosecutors referred victims to services and shelters on an ad hoc basis.The
government did not report the total number of victims assisted in 2014 or the kinds of services these victims
received. Law 263 required regional governments to create specialized care centers for trafficking victims, but the
government did not fund specialized shelters for trafficking victims in 2014. Police were often unable to secure
safe accommodation for trafficking victims identified in raids and reportedly used personal funds at times to
assist victims. The government provided insufficient funds to existing government shelters for other populations,
such as victims of child sexual abuse and children in conflict with the law, which provided only basic services.
Specialized services for adult women or male victims were virtually nonexistent. Some departmental governments
operated special victims units, which focused on providing legal and psychological services to victims of
gender-based violence but did not report how many trafficking victims these units assisted in 2014. Officials
reported the state airline repatriated some Bolivian trafficking victims from neighboring countries, but
authorities did not report how many of these victims, if any, were given reintegration services upon return. Many
victims chose not to participate in trafficking investigations and prosecutions out of fear of reprisal from
traffickers and lack of faith in the judicial system. Bolivian law allowed victims to seek civil damages, but there
were no reports of trafficking victims doing so in 2014.There were no reports the government penalized trafficking
victims for unlawful acts committed as a direct result of being subjected to trafficking. The government could
provide foreign victims with humanitarian visas to remain in Bolivia temporarily, but it did not report how many
visas were issued in 2014.
PREVENTION
The government made uneven prevention efforts. The national council against trafficking and smuggling released an
anti-trafficking and smuggling policy in January 2015. A national action plan created with NGO input in 2013
remained in draft form. Two separate government entities were responsible for coordinating anti-trafficking
efforts, and experts noted a lack of interagency coordination, in part due to overlapping mandates. All departments
had anti-trafficking councils of varying effectiveness and activity and
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