Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C138

Observation

Direct Request

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Previous observation and previous direct request

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s indication in its report that, in 2019, a total of 137,000 children between 5 and 17 years of age were engaged in work (compared with 296,999 in 2016). This includes 9,000 children aged 5 to 9 years (compared to 37,000 in 2016), and 33,000 children aged 10 to 13 years (compared to 80,000 in 2016). The Committee further notes the Government’s indication that between 2018 and 2021, it organized workshops on the prevention of child labour and the protection of young persons. The Government adds that efforts have been made to strengthen the economy and, as a result, in 2020 and 2021, extreme and moderate poverty reduced significantly, with the effect of reducing child labour. The Committee takes due note of data showing a reduction of child labour in the country and requests the Government to continue its efforts for the progressive elimination of child labour. It also requests the Government to continue to provide information on the concrete measures taken to progressively eliminate all forms of child labour, as well as up-to-date statistical information on the application of the Convention in practice, including statistics, disaggregated by age and gender, on the employment of children under 14 years of age.

Article 3(2). Determination of hazardous types of work. The Government indicates that, in 2019, there were 44,000 children in types of employment which by their nature or circumstances are considered to be dangerous (in comparison with 91,000 in 2016), and 9,000 children were engaged in work such as to prejudice their attendance at school (15,000 in 2016), but it notes that this data is not disaggregated by age. While the Committee takes note of the Government’s indication that these numbers show a decline in the proportion of children engaged in hazardous types of work, it notes an absence of information on the penalties imposed on those who engage children in any type of work which by its nature or the circumstances in which it is carried out is likely to jeopardise their health, safety or morals. The Committee therefore requests the Government to continue providing information on the application in practice of section 136 of the Code for Children and Young Persons prohibiting the engagement of young persons under 18 years of age in hazardous types of work, particularly on the number and nature of violations reported and penalties imposed.

Labour inspection. The Committee notes the Government’s indication that: (1) 225 labour inspections in relation to child labour and the protection of young persons were held in 2021 and 252 inspections in the first half of 2022; and (2) 5 mobile labour inspection offices were operating in 2021 and 2022. The Committee notes that no information is provided on the findings of these labour inspections and on the eventual penalties imposed. The Committee further notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the absence of measures in place to prevent children under 14 years of age from working or to protect any who do (E/C.12/BOL/CO/3, 5 November 2021, paragraph 32). Taking into account this information, the Committee requests the Government to provide information on the sectors covered by the inspections undertaken, as well as copies of inspection reports and data on the number and nature of violations detected and penalties imposed.