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With reference to the comments it has been making since 2005, the Committee notes the reports received in October 2009 and September 2010. The Committee recalls that, in its examination of the effect given to this Convention, account is taken of the issues closely linked to its application that are raised in the comments on other ratified Conventions, particularly the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), the Minimum Wage Fixing Convention, 1970 (No. 131), the Minimum Age Convention, 1973 (No. 138), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
Parts I and II of the Convention. Improvement of standards of living. The Government refers in its reports to Supreme Decree No. 29272 of 12 September 2007 approving a General Economic and Social Development Plan, which seeks to construct a new plurinational State actively promoting community-based social development for a fair redistribution of wealth, income and opportunities. The Government indicates that in this way it would be ensuring compliance with the definitions contained in the Convention. The Committee requests the Government to supply up-to-date information in its next report on the manner in which the General Economic and Social Development Plan has ensured “the improvement of standards of living” (Article 2 of the Convention) and has taken account of “such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5(2)).
Article 4. The Government attaches information to its 2010 report on the participation of seasonal workers in compulsory social insurance. Accordingly, the Committee understands that seasonal workers are included in the scope of the General Labour Act, for the sole purpose of long-term social security. The Committee requests the Government to continue to supply information on the measures taken for the promotion of productive capacity and the improvement of standards of living of agricultural producers.
Part III. Migrant workers. The Committee’s previous comments have addressed issues relating to migratory movements between Bolivia and Argentina. Reference has also been made to the temporary migratory movements of Bolivian temporary labourers in sugar refineries and the tobacco industry. The Committee requests the Government to include information in its next report on the transfer of Bolivian migrant workers’ resources to their regions of origin and on their conditions of pay (Articles 7 and 8 – see also Article 14(3)). In particular, it requests the Government to provide information on migratory movements to/from Argentina and the situation of sugar and tobacco workers.
Part IV. Remuneration. In its previous comments the Committee expressed its concern regarding the payment of outstanding wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee requests the Government to supply information in its next report enabling it to examine the manner in which decisions from courts of law or other tribunals or administrative decisions have enabled advances on wages to be regulated and limited (Article 12 of the Convention). Please also indicate the measures taken to protect wage earners and independent producers against usury (Article 13(2)).
Part VI. Education and training. The Committee requests the Government to include information in its next report on the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and on the way in which training in new techniques of production has been organized as part of the social policy giving effect to the Convention (Articles 15 and 16).
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. In relation to its 1999 direct request, the Committee notes the information provided in a detailed report received in June 2002. The Committee intends to continue examining the effect given to Convention No. 117, taking into account the issues closely linked to its application that are raised concerning the application of the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), the Minimum Wage Fixing Convention, 1970 (No. 131), the Minimum Age Convention, 1973 (No. 138), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government could include, in its next report on Convention No. 117, an update on the way in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and information on the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that in order to ascertain the minimum standards of living of independent producers and wage earners “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5, paragraph 2, of the Convention).
3. Article 4. The Committee would like to receive updated information on the incorporation of salaried rural workers into the general labour law and would be grateful if the Government’s next report could include an indication of the progress made in the land allocation process (the abovementioned provision of the Convention lists measures “for the promotion of productive capacity and the improvement of standards of living of agricultural producers”).
4. Part III. Migrant workers. Previous comments have addressed issues relating to migratory movements between Bolivia and Argentina. Reference has also been made to the temporary migratory movements of Bolivian temporary labourers in sugar refineries and the tobacco industry. The Committee would be grateful if the Government could include, in its next report, information on the transfer of Bolivian migrant workers’ resources to the area of labour supply and on their conditions of pay (Articles 7 and 8 – see also Article 14, paragraph 3). In particular, please provide information on migratory movements with Argentina and the situation of sugar and tobacco workers. The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In this regard, in the conclusions on a fair deal for migrant workers in a global economy, the International Labour Conference adopted a non-binding multilateral framework for migrant workers, developed in agreement with the tripartite constituents, to assist member States in developing labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.
5. Part IV. Remuneration of workers. The Committee refers to its pending comments on the application of the Minimum Wage Fixing Convention, 1970 (No. 131). In its previous comments on Convention No. 117, the Committee expressed its concern regarding the payment of owed wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee hopes that the Government’s next report on the application of Convention No. 117 will contain information on how judicial decisions have allowed advances on wages to be regulated and limited (Article 12 of the Convention). Please also indicate the measures taken to protect wage earners and independent producers against usury (Article 13, paragraph 2).
6. Part VI. Education and training. Please indicate the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and the way in which training in new techniques of production has been organized as part of the social policy giving effect to the Convention (Articles 15 and 16).
2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government could include, in its next report on Convention No. 117, an update on the way in which it is ensured that "the improvement of standards of living" is regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention) and information on the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that in order to ascertain the minimum standards of living of independent producers and wage earners "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education" (Article 5, paragraph 2, of the Convention).
3. Article 4. The Committee would like to receive updated information on the incorporation of salaried rural workers into the general labour law and would be grateful if the Government’s next report could include an indication of the progress made in the land allocation process (the abovementioned provision of the Convention lists measures "for the promotion of productive capacity and the improvement of standards of living of agricultural producers").
4. Part III. Migrant workers. Previous comments have addressed issues relating to migratory movements between Bolivia and Argentina. Reference has also been made to the temporary migratory movements of Bolivian temporary labourers in sugar refineries and the tobacco industry. The Committee would be grateful if the Government could include, in its next report, information on the transfer of Bolivian migrant workers’ resources to the area of labour supply and on their conditions of pay (Articles 7 and 8 - see also Article 14, paragraph 3). In particular, please provide information on migratory movements with Argentina and the situation of sugar and tobacco workers. The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In this regard, in the conclusions on a fair deal for migrant workers in a global economy, the International Labour Conference adopted a non-binding multilateral framework for migrant workers, developed in agreement with the tripartite constituents, to assist member States in developing labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.
Article 7 of the Convention. The Committee notes the Government’s reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form. Article 8. The Committee notes with interest that the Government indicates that an agreement was signed on 16 February 1998 between the Foreign Ministers of Bolivia and Argentina to legalize the situation of 700,000 Bolivians residing illegally on Argentinian territory. The agreement covers the following: (i) employment conditions and the possibility for Bolivian citizens to accede to social security benefits, (ii) the right for immigrants of the parties to transfer wages and personal savings freely to their countries of origin, and (iii) equal rights of access to education for the children of immigrants. The Committee would be grateful to receive a copy of the text of this agreement. Article 15, paragraph 3, read jointly with Part V of the report form. The Committee notes the Government’s indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.
Article 7 of the Convention. The Committee notes the Government’s reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form.
Article 8. The Committee notes with interest that the Government indicates that an agreement was signed on 16 February 1998 between the Foreign Ministers of Bolivia and Argentina to legalize the situation of 700,000 Bolivians residing illegally on Argentinian territory. The agreement covers the following: (i) employment conditions and the possibility for Bolivian citizens to accede to social security benefits, (ii) the right for immigrants of the parties to transfer wages and personal savings freely to their countries of origin, and (iii) equal rights of access to education for the children of immigrants. The Committee would be grateful to receive a copy of the text of this agreement.
Article 15, paragraph 3, read jointly with Part V of the report form. The Committee notes the Government’s indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
The Committee notes the information supplied by the Government in its report in response to its earlier comments.
Article 7 of the Convention. The Committee notes the Government's reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form.
Article 15, paragraph 3, read jointly with Part V of the report form. The Committee notes the Government's indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.
Articles 6 and 9 of the Convention. In its previous request, the Committee took note of Supreme Decrees Nos. 19524 of 23 April 1983 and 20255 of 24 May 1985 which regulate the terms and conditions of employment of the workers temporarily employed for sugar cane and cotton harvest. It requests the Government to supply information, in accordance with its intention as expressed in the report, on any further measures taken regarding the terms and conditions of their employment and on similar measures taken or envisaged in respect of other categories of migrant workers, as well as information on the practical application of these Supreme Decrees in accordance with point V of the report form.
Article 7. The Committee requests the Government to supply in its future reports information on any measures taken or envisaged to encourage the transfer of part of the workers' wages and savings from the area of labour utilization to the area of labour supply, in accordance with this provision of the Convention.
Article 8. The Committee notes the Government's indication of efforts made for updating the Agreement concluded in May 1964 between the Governments of Bolivia and of Argentina for regulating the work of Bolivian temporary labourers in sugar and tobacco establishments in Argentina, which the Committee noted in its previous request.
The Committee recalls that it requested the Government to supply information on measures taken or envisaged to give effect to paragraph 3 of this Article concerning facilities for enabling the worker to transfer part of his wages and savings to his home. The Committee asks the Government to provide information on the development towards the updating of the above Agreement, with particular reference to this point.
The Committee also noted the Government's reference in its previous report to a project of repatriation from Argentinean territory of about 100,000 Bolivian migrants with the cooperation of the International Organization for Migration. It again requests the Government to supply information on the development of this matter.
Article 15, paragraphs 1 and 3. The Committee previously noted that section 7, second paragraph, of Supreme Decree No. 20255 provides for the obligation for the employer to pay for the transport of children of the worker under the age of 14 years. In the absence of reply in this regard, the Committee again requests the Government to indicate whether educational facilities are available for these children accompanying the sugar-cane and cotton harvest workers, and if so, whether the employment of those below the school-leaving age during school hours is prohibited. It also requests the Government to supply information on measures taken for the progressive development of education, vocational training and apprenticeship in the whole country.
The Committee notes the information supplied by the Government regarding, in particular, Article 16 of the Convention. It requests the Government to provide further information on the following points:
Articles 6 and 9 of the Convention. Further to its previous request, the Committee takes note of Supreme Decrees Nos. 19524 of 23 April 1983 and 20255 of 24 May 1985 which regulate the terms and conditions of employment of the workers temporarily employed for sugar cane and cotton harvest. It requests the Government to continue supplying information on any further measures taken regarding the terms and conditions of their employment and on similar measures taken or envisaged in respect of other categories of migrant workers, as well as information on the practical application of these Supreme Decrees in accordance with Point V of the report form.
Article 7. The Committee notes the Government's repeated indication that the transfer of part of the workers' wages and savings is done by their own account. It requests the Government to keep the matter under review and to report on any measures taken or envisaged to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply, in accordance with this provision of the Convention.
Article 8. The Committee notes with interest the copy transmitted by the Government of the Agreement concluded in May 1964 between the Governments of Bolivia and of Argentina for regulating the work of Bolivian temporary labourers in sugar and tobacco establishments in Argentina. It notes that article 2 of this Agreement provides for the application to the labourers concerned of the labour legislation in force in Argentina and of the collective agreements accorded in the same kind of activities, giving effect to paragraph 2 of this Article.
The Committee further notes that article 16 of the 1964 Agreement allows the labourers to bring with them on their return to Bolivia, articles of primary necessity and of personal use free of export retention in Argentina up to a prescribed value, but that there are no provisions in the Agreement concerning facilities for enabling the worker to transfer part of his wages and savings to his home. The Committee therefore requests the Government to supply information on measures taken or envisaged to give effect to paragraph 3 of this Article, and also to communicate a copy of model contract of labour referred to in article 10 of the 1964 Agreement.
The Committee also notes the Government's reference to a project of repatriation from Argentinian territory of about 100,000 Bolivian migrants with the cooperation of the International Organisation for Migration and requests the Government to keep it informed of the development of this matter.
Article 15, paragraphs 1 and 3. The Committee notes the Government's indication of the efforts by the Governments of Argentina and of Bolivia to provide public schools for the children of Bolivian migrants. It notes that section 7, second paragraph, of Supreme Decree No. 20255 provides for the obligation for the employer to pay for the transport of children of the worker under the age of 14 years. The Committee requests the Government to indicate whether educational facilities are available for these children accompanying the sugar cane and cotton harvest workers, and if so, whether the employment of those below the school-leaving age during school hours is prohibited. Please also continue supplying information on measures taken for the progressive development of education, vocational training and apprenticeship in the whole country.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee takes note of the information supplied by the Government and recalls that a number of the points covered by the Articles of this Convention are more extensively dealt with in other Conventions ratified by Bolivia and that, in a number of cases, these points are examined in the context of the other Conventions.
The Committee once again recalls more generally that the Labour Code is not applicable to workers in agriculture, and that consequently these workers do not enjoy legal protection in respect of some areas covered by this Convention. As the Government has been referring for some time to its intention to adopt new labour legislation which would provide protection for these workers, the Committee hopes that measures will soon be taken in this respect.
Article 6 of the Convention. The Committee notes the information supplied by the Government and would be grateful if it would transmit a copy of DS 20255 of 24 May 1984. It would also be grateful if the Government would supply the information called for by the report form concerning the steps taken to give effect to Article 9.
Article 7. The Committee notes the Government's comment to the effect that the transfer of part of the workers' wages and savings, provided for in this Article, remains at the free initiative of the workers. The Committee recalls that this Article provides expressly that measures shall be taken to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply. Consequently, the Committee would be grateful if the Government would report on the measures that have been taken or that are being contemplated to give effect to this Article.
Article 8. The Committee notes the information supplied with regard to international migrations for employment. The Committee would be grateful if the Government would transmit a copy of the agreement concluded in 1964 on this matter with the Government of Argentina, and the new text of the agreement adopted by both Governments in which it hopes that account has been taken of the suggestions of this Committee. Please also supply information on the measures taken to give effect to Article 14, paragraph 3.
Article 15, paragraphs 1 and 3. The Committee notes the information supplied by the Government and would be grateful if the Government would provide fuller information concerning the development of systems of education, vocational training and apprenticeship (paragraph 1) and with regard to the proportion of children for whom educational facilities are available (paragraph 3).
Article 16. The Committee notes the information supplied by the Government and would be grateful if the Government would indicate whether, in the preparation of the programmes carried out by the National Manpower Training Service (FOMO), consultations were held with the employers' and workers' organisations concerned, or whether such consultations were held within the framework of other institutions.