Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Bolivia (Plurinational State of) (Ratification: 1977)

Other comments on C117

Direct Request

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the adoption in 2016 of the Social and Economic Development Plan (PDES) 2016-2020, the objectives of which include the eradication of extreme poverty, the universalization of basic services (such as water, transport and housing), the improvement of healthcare and education, and the elimination of hunger and malnutrition. The Committee also notes the Government’s information regarding the various policies and measures adopted within the framework of the PDES to improve the population’s standard of living, particularly groups in vulnerable situations, and the impact of those. The Government indicates that, between 2005 and 2017, there was a gradual reduction in the income gap between the 10 per cent richest and 10 per cent poorest. Poverty fell by 20 per cent and moderate poverty by 22 per cent. Additionally, in 2016, 31 per cent of the population received conditional and unconditional transfers, which were granted to population target groups (children, older persons and mothers). The Government adds that, between 2007 and 2015, 4,305 direct jobs and 27,586 indirect jobs were generated, following the establishment of 13 public enterprises. Regarding measures adopted to ensure maintenance of minimum standards of living of wage earners (Article 5), the Government indicates that, since 2006, based on a tripartite approach, workers’ wages have progressively increased through annual wage agreements with a view to benefiting those sectors that are traditionally excluded. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the measures adopted within the framework of the Social and Economic Development Plan (PDES) 2016-2020, and the results achieved. The Committee also requests the Government to provide detailed and updated information on all measures intended to ensure the improvement in the standards of living of the Bolivian population (Article 2), particularly for groups in vulnerable situations, such as women, young persons, persons with disabilities, older persons, small producers practicing subsistence agriculture and indigenous communities. The Committee also requests the Government to include updated statistical information disaggregated by sex and age, on the impact of such plans on the essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)), in both urban and rural areas.

Article 4. Promotion of productive capacity and the improvement of standards of living of agricultural producers. The Committee notes the detailed information provided by the Government on the implementation of various projects to encourage production of small agricultural producers. The Government refers, among other measures, to the implementation of the SME Productive Programme, whose objective is to provide short, medium and long-term resources to small and medium-sized enterprises for productive activities through intermediate credit institutions. In addition, in 2015, the PROMyPE – JIWASA project was carried out in five of the country’s departments, in collaboration with the Swiss and Danish Governments. The aim of the project is to economically strengthen and support micro and small productive enterprises in peri-urban and urban areas. Further, the Bank for Productive Development has developed activities aimed at those sectors which were previously excluded from traditional funding sources. In this connection, the Government indicates that, between 2008 and 2015, it provided support to 36,488 small producers and 1,418 associations through credits, training and technical assistance. The Government refers to the implementation of the Comprehensive Development Plan for the agricultural and rural sector, and the establishment of agricultural insurance cover, which provides compensation for producers whose land has been affected by natural disasters. The Committee notes, however, the direct import and marketing by the Government of inputs for production through the Bolivia Input programme. Furthermore, under Supreme Decree No. 2738 of 20 April 2016, the Bolivian Social Seal was created, which aims at identifying and promoting production from sustainable family agriculture in order to establish a more favourable position on the domestic market for this production. Lastly, the Government reports the establishment of a coordination process for indigenous peoples and farmers as suppliers for public enterprises within the framework of the “Service for the development of productive public enterprises (SEDEM)” by offering a fair price for their products and improving their conditions of production. The Committee requests the Government to continue providing detailed and updated information on the measures adopted with a view to promoting productive capacity and improving standards of living of agricultural producers, as well as the outcome of such measures.

Part III. Migrant workers. In its previous comments, the Committee requested the Government to provide information on the transfer of Bolivian migrant workers’ resources to their regions of origin and on their wage conditions. It also requested the Government to provide information on migratory movements to and from Argentina and the situation of sugar and tobacco workers. The Government indicates that there are no regulations governing the transfer of Bolivian migrant workers’ resources to their regions of origin, as the workers have total freedom to dispose of their wages. With respect to migratory movements to and from Argentina, the Government indicates that, while the migration of Bolivians outside the country has been considerable since 2003, this migratory flow is of a temporary nature as the workers return once the high season of sugar cane harvesting activities is over. The Government reports that in 2017 and 2018, 97,973 Bolivians left to work in Argentina on a temporary basis. With regard to tobacco production in Bolivia, the Government indicates that in 2018 tobacco producers changed 75 per cent of their crops for corn and bean crops, owing to the heavy rainfall. The greatest increase in crop cultivation has been in sugar cane, which rose by 9.1 per cent in 2018. With regard to the applicable legislation in this sector, the Government refers to Supreme Decree No. 20255 of 24 May 1984, which establishes rights and obligations relating to paid work by sugar cane harvesters and cotton pickers. The Committee notes, however, that the Government does not provide any information regarding the pay conditions of Bolivian migrant workers. The Committee reiterates its request to the Government to provide detailed and updated information on the pay conditions of Bolivian migrant workers. The Committee also requests the Government to provide updated and detailed information on the impact of all measures adopted to ensure that family needs are taken into account in the working conditions of migrant workers, both national and international, who are obliged to live away from their homes. The Committee also requests the Government to supply updated statistical information disaggregated by sex on the number of migrant workers obliged to live away from their homes.

Part IV. Remuneration of the workers. In its previous comments, the Committee requested the Government to provide information on the impact of the new regulation on financial services to protect wage earners and independent producers against usury. It also requested the Government to provide information on the manner in which the decisions from courts of law or other tribunals or administrative decisions had enabled advances on wages to be regulated and limited. The Committee notes, however, the Government’s indication that national legislation does not provide for advances on wages. The Government adds that, while payment intervals are generally monthly, weekly and daily payments can also be made. In such cases, the competent authority checks that the total wages received during a month is not less than the national minimum wage. With regard to monitoring the payment of wages, the Government refers to the adoption of Supreme Decree No. 3433 of 13 December 2017, which provides for the establishment of the compulsory register of employers. Section 5 of this Decree establishes the obligation for employers to submit monthly payrolls for their workers, with a view to monitoring compliance with the timely payment of workers’ wages. The Committee also notes the measures adopted to protect wage earners and independent producers against usury. In this regard, the Government refers to section 59 of Act No. 393 of 21 August 2013 on financial services, which introduces, through the Financial Stability Board (CEF), maximum limits on active interest rates for funding allocated to the production sector and social housing. To that end, Supreme Decree No. 1842 of 18 December 2013 was adopted, which provides for the establishment of minimum credit portfolio levels for loans for the production sector and social housing, to be upheld by financial intermediaries. The Government also refers to section 5 of Supreme Decree No. 2055 of 10 July 2014, which determines the maximum annual interest rates for credit for the productive sector, depending on the size of the productive unit. Lastly, the Committee notes the establishment of the Savers’ Protection Fund, aimed at protecting the savings of natural and legal persons deposited with financial intermediary entities, as well as the adoption of models and formats of all standard contracts for the authorized operations, to prevent users from being exploited. The Committee requests the Government to continue sending detailed and updated information on the measures adopted to encourage wage earners and independent producers to engage in one of the forms of voluntary forms of thrift set out in the Convention. It also requests the Government to provide specific and detailed information on the measures adopted to protect wage earners and independent producers against usury, specifying in particular the measures taken to reduce loan interest rates by monitoring the operations of lenders and increasing facilities for obtaining loans for appropriate ends through cooperative credit unions or institutions subject to the monitoring of the competent authority.

Part VI. Vocational education and training. In reply to the Committee’s previous comments, the Government indicates that, in accordance with section 17 of the Constitution, all persons are entitled to receive universal, productive, free, integrated and intercultural education at every level, without discrimination. The Committee notes the measures adopted for the progressive development of broad systems of education, vocational training and apprenticeship. Further, the Government refers to the adoption of various measures regarding training in new techniques of production, such as the creation in 2008 of “Pro-Bolivia”, an institution that carries out activities of investigation, innovation, technical assistance, training and funding for small productive units and micro and small enterprises, aimed at increasing productivity. Thirteen technological centres for productive innovation (CETIP) were also established with a view to improving the technical skills and incorporation of technology into micro and small enterprises, and the skills certification processes for producers. The Committee requests the Government to continue providing detailed and updated information on the measures taken for the progressive development of broad systems of education, vocational training and apprenticeship, and the manner in which training in new techniques of production have been organized as part of the policy that gives effect to the Convention (Articles 15 and 16).