Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Bolivia (Plurinational State of) (Ratification: 1997)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. With reference to its previous comments, the Committee takes due note of the information provided by the Government on the various measures adopted in the framework of the National Plan for the Gradual Elimination of Child Labour (2000–10) (PNEPTI (2000–10)) and the Three-year Plan (2006–08), adopted following the mid-term review of the PNEPTI (2000–10). It observes that the Ministry of Labour, Employment and Social Welfare has been providing training since 2003 on the subject of child labour, particularly for judges. It notes that the experience acquired during these training courses has been set down in two manuals intended for the staff of the labour inspection services. The Government adds that training workshops on the standards applicable in the field of child labour have been undertaken by the labour inspectorate, with the participation in 2009 of around 700 employers, workers and young persons. In addition, in 2009 labour inspectors undertook over 90 technical inspections in various sectors of the economy, such as the sugar-cane harvest and work in mines. Finally, the Committee notes that the final evaluation of the PNEPTI (2000–10) and of the Three-year Plan (2006–08) is currently being carried out and that the Government envisages formulating a new five-year plan based on the results of this evaluation.

The Committee notes the study on the extent and characteristics of child labour in Bolivia, contained in the 2008 national report published by ILO–IPEC in 2010 based on the results of the child labour survey carried out by the National Statistical Institute (INS) in collaboration with the ILO–IPEC Statistical Information and Monitoring Programme on Child Labour (SIMPOC) during the last quarter of 2008. According to the results of the survey, nearly 23 per cent of children aged between 5 and 14 years, or 491,000 children, are engaged in economic activity in the country. This phenomenon is particularly common in rural areas, where nearly 60 per cent of children aged 5–14 years are engaged in an economic activity, with the rate being higher among boys than girls. The Committee also notes with concern that over 14 per cent of children under 14 years of age, or 437,000 children, are engaged in hazardous work. While taking due note of the efforts made by the Government to combat child labour, the Committee observes that a significant number of children below the minimum age are engaged in work, including in hazardous conditions, and it therefore urges the Government to renew its efforts to ensure the progressive elimination of child labour, paying particular attention to children living in rural areas and engaged in hazardous types of work. In this respect, it requests the Government to provide detailed information in its next report on the implementation of the new five-year plan. Furthermore, the Committee requests the Government to continue providing information on the application of the Convention in practice, including statistics on the employment of children under 14 years of age and extracts from the reports of the inspection services.

Article 3(2). Determination of hazardous types of work. In its previous comments, the Committee noted that, according to the information provided in the ILO–IPEC report of December 2007 concerning the project “Eradicating child labour in Latin America (Phase III)”, a process was initiated in 2007 for the determination of a list of hazardous types of work prohibited for children under 18 years of age.

The Committee takes due note of the Government’s indication that the Ministry of Labour, Employment and Social Welfare has submitted a draft Presidential Decree to determine the list of hazardous types of work. It notes that this draft text is currently being examined by the Political and Economic Review Unit. The Committee once again expresses the hope that the list of the types of work prohibited for children under 18 years of age will be adopted in the very near future. It requests the Government to provide information on any progress achieved in this respect and on the consultations that are held with employers’ and workers’ organizations for the determination of these types of work.

Article 6. Apprenticeship. In its previous comments, the Committee noted that under sections 28 and 58 of the General Labour Act, children under 14 years of age may work as apprentices with or without pay. It also noted that sections 137 and 138 of the Code of Children and Adolescents, 1999 (the 1999 Code), regulate apprenticeship, but do not specify the minimum age required for admission to apprenticeship. The Government indicates in its report that labour inspectors are responsible for implementing measures to ensure that children under 14 years of age are not engaged in apprenticeships. The Committee acknowledged that measures to reinforce the labour inspection services are essential to combat child labour. However, it noted that labour inspectors need a basis in law consistent with the Convention to enable them to ensure that children are protected against conditions of work liable to jeopardize their health or development. Moreover, it observed that the provisions of the national legislation regulating the age of admission to apprenticeship are not consistent with the Convention.

The Committee notes with regret that the Government’s report does not provide information on this matter. However, it notes that, according to the information contained in the ILO–IPEC report of July 2010 on the project entitled “Eradicating child labour in Latin America (Phase III)”, the National Commission for the Elimination of Child Labour has worked on a proposed reform of the 1999 Code with the support of UNICEF and the ILO. In this respect, the Committee reminds the Government that, by virtue of Article 6 of the Convention, the latter does not apply to work done by persons at least 14 years of age in undertakings, where such work is carried out as part of a course of education or a programme of training or guidance, in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned. Observing that the Plurinational State of Bolivia ratified the Convention over ten years ago, the Committee urges the Government to take the necessary measures to bring the provisions of the national legislation into conformity with Article 6 of the Convention by establishing a minimum age for admission to apprenticeship of 14 years. It requests the Government to provide information in its next report on any progress achieved in the adoption of a draft reform of the Code of Children and Adolescents of 1999.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that the national legislation does not contain provisions giving effect to the obligation of the employer to keep registers. The Government indicated that a ministerial resolution was being drafted requiring employers to keep a register of children under 18 years of age who work for them.

The Committee notes that the Government’s report does not provide information concerning the adoption of the ministerial resolution. Observing that this matter has been raised for many years, the Committee expresses the firm hope that the ministerial resolution will be adopted in the very near future and that it will contain provisions giving full effect to Article 9(3) of the Convention. It requests the Government to provide information in its next report on any progress achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.