Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Observation

Direct Request

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The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) received on 31 August 2018.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted numerous measures taken by the Government, including the adoption of the “Patriotic Agenda”, in the framework of which it had drawn up the Economic and Social Development Plan (PDES) 2016–20, one of the main planks of which is the progressive elimination of the causes of child labour.

The Committee notes that, in their joint observations, the IOE and the CEPB express concern at the lack of effective policies to combat child labour. The Committee notes the Government’s indication in its report that in 2016 a total of 12 per cent of children between 5 and 17 years of age, namely 393,000 children, were engaged in work (compared with 745,640 in 2008), as were 31,000 children under 10 years of age, 111,000 children aged 10 or 11 years, and 131,000 children aged 12 or 13 years. Moreover, the Government states that the Plurinational Comprehensive Protection System for Children and Young Persons (SIPPROINA) has formulated and adopted a “Public policy for children and young persons: Basic proposal”, whose prime objective is the comprehensive development of children and young persons and includes protection against child labour and forced labour. The Government also indicates that it is developing a public policy to tackle the underlying causes of child labour, which will be based on three strategies: (i) prevention; (ii) access to the justice system; and (iii) the protection of children and young persons engaged in child labour. Moreover, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare (MTEPS) has approved an “Institutional strategic plan”, goal No. 2 of which (relating to fundamental rights) is the progressive elimination of child labour, under the responsibility of the Fundamental Rights Unit (UDF). The Government states that the first phase of implementation of the “Institutional strategic plan” will be to conduct a study on working children. While noting the measures taken by the Government, the Committee notes with concern the number of children under 14 years of age who are working. It also notes that the Government has not provided any information on the results achieved in practice by the abovementioned measures and has not indicated the measures taken to protect children living in rural areas, who are particularly affected by child labour. The Committee therefore requests the Government to provide information on the results achieved by the implementation of the abovementioned measures in relation to the progressive elimination of all forms of child labour, with a particular focus on children living in rural areas. The Committee also requests the Government to provide up-to-date information on the application of the Convention in practice, including statistics on the employment of children under 14 years of age, extracts from inspection reports and data on the number and type of offences reported. Lastly, it requests the Government to continue providing recent statistics on child labour, disaggregated by age and sex, particularly relating to children under 10 years of age, between 10 and 12 years of age, and between 12 and 14 years of age.

Article 3(2). Determination of hazardous types of work. The Committee previously noted the revision of section 136 of the Code for Children and Young Persons, prohibiting work which by its nature or conditions is hazardous, unhealthy or undermines the dignity of children and young persons and endangers their school attendance, and the revised list of hazardous types of work which are prohibited for children and young persons under 18 years of age. It asked the Government to provide information on the application of this provision in practice.

The Committee notes the Government’s indication that the purpose of mobile labour inspection offices is to reach remote areas where hazardous work is suspected to take place. Moreover, the Government indicates that when labour inspectors detect a case of hazardous work done by a child, the following procedure is adopted: (i) removal of the child from the situation of hazardous work; (ii) monitoring and guidance of the child to prevent his/her return to such work; (iii) notification of the Office for the Defence of the Rights of Children and Young Persons; and (iv) referral of the case to the relevant legal authorities. The Committee requests the Government to continue providing information on the application in practice of section 136 of the Code for Children and Young Persons, particularly in relation to cases detected and penalties imposed.