Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)



A Government representative, Minister of Labour, Employment and Social Welfare, indicated that the Plurinational State of Bolivia was appearing before the Committee because in 2014 a new Code for Children and Young Persons had been adopted with a much more protective and comprehensive vision for children and young persons. In response to an express request from some sectors of society, self-employed work by children had been recognized on an exceptional basis with a view to affording them better protection, thereby acknowledging a reality which tended to be ignored. Section 129 of the Code for Children and Young Persons set a minimum age for work of 14 years. On an exceptional basis, Defenders of Children and Young Persons could authorize work on their own account by children or young persons aged between 10 and 14 years, and work for another person by young persons aged between 12 and 14 years, on condition that it did not prejudice their right to education, was not hazardous, prejudicial to their dignity and overall development, and was not explicitly prohibited by law. The Committee of Experts had issued observations on that provision in 2015 and 2017, leading to the present discussion within the Conference Committee. Within the framework of the separation of powers, on 21 July 2017, the Plurinational Constitutional Court had issued ruling No. 0025/2017, declaring section 129.II of the Code for Children and Young Persons and other related articles (sections 130.III; 131.I, III and IV; 133.III and IV; and 138) unconstitutional. As a result, the reference to the exceptional age of 10 years for admission to work was no longer valid. The ruling was binding and compulsory, and was derogatory in effect (in accordance with article 203 of the Political Constitution and article 78.4 of the Code of Constitutional Procedure). On that basis, he considered that there could be no doubt that the provisions to which the Committee of Experts referred had been explicitly derogated. The minimum age for work of 14 years was in force, in accordance with section 129.I of the Code for Children and Young Persons, without exceptions, apart from those set out in the Convention. It should be noted that the ruling of the Constitutional Court made explicit reference to the Convention as an element in the findings relating to constitutionality, considering that Bolivia complied with its international commitments. In order to eradicate child labour from the country effectively, in addition to the legal framework, institutional action had been undertaken by labour directors and inspectors, based on three strategies: (i) a Prevention Strategy, through the development of capacities for the application of fundamental rights aimed at children and young persons in educational establishments, parents, teachers, workers and employers; (ii) an Inspection Strategy, within the framework of which labour inspections were carried out, including routine and complaint-based inspections in places where children and young persons were working; and (iii) a Strategy of direct action for the physical protection of children and young persons engaged in work, in the context of which hearings were held to restore their fundamental and labour rights. Moreover, work by young persons was governed by Ministerial Resolution 442/04, which regulated the rights and obligations of adolescent workers (between 14 and 18 years of age) and established guarantees for labour, health protection and occupational safety and rights to food, recreation and training, and imposed sanctions for offences involving failure to comply with standards protecting adolescent workers.

The Ministry of Labour, Employment and Social Welfare (MTEPS), through its Fundamental Rights Unit, had begun to implement a system of temporary mobile offices in remote areas where no permanent MTEPS offices existed, with the principal objective of restoring the rights of workers. If complaints were received, inspections were carried out, hearings were held, information was provided and capacity-building action was undertaken for the application of the fundamental labour rights of children, young persons, parents and the population in general. In 2016 and 2017, some 26 temporary mobile offices had been set up in rural towns in the Oriente and Chaco Boliviano. In addition, within the framework of the Patriotic Agenda 2025, the Economic and Social Development Plan (PDES) and the Global State Planning System, the Government had established general policies for the integrated development of the State on the basis of the Vivir Bien (living well) vision. One of the objectives of the PDES was the elimination of the causes of child labour and adolescent work and labour exploitation. In order to reduce child labour by 2025, the Government had set itself the task of making progress in at least eight areas (eradication of extreme poverty, the socialization and universalization of services, health, education and sport, productive sovereignty with diversification, and food sovereignty). Child labour was the consequence of the economic and social policies that had prevailed in the country up to 2005, stemming from a colonial legacy of discrimination, violent dictatorships, and neoliberal policies that favoured protecting the interests of the oligarchy over the interests of the people. Those models had resulted in high levels of inequality and extreme poverty which, up to 2005, had affected almost 40 per cent of the population, and over 60 per cent of the population in rural areas. Until 2004, levels of access to education, housing, basic services and decent work had been very low. Since 2005, the Government, under the leadership of President Evo Morales Ayma, had been implementing a model of inclusive development with the objective of eliminating historical inequalities and eradicating poverty, with a view to eliminating the roots of the fundamental causes of child labour. With this objective, an integrated, social, community and productive model of development had been promoted, in which public, private, community and social roles coexisted and complemented one another in order to reduce poverty and promote well-being. Thanks to that model, child labour had fallen 50 per cent from 2008 to 2016, according to the Survey of Children and Young Persons carried out by the National Statistical Institute. Moreover, the number of labour inspections had grown exponentially, and policies such as mobile offices to prevent child labour and restore rights had been taken forward, in coordination with the relevant judicial authorities. Since 2005, the inclusive economic model which placed the economy at the service of social development had succeeded in: (1) reducing extreme poverty from 38.2 per cent in 2005 to 17.9 per cent in 2017; (2) reducing inequality exponentially (in 2005, incomes among the richest population group had been 128 times higher than among the poorest); (3) reducing the Gini index from 0.60 in 2005 to 0.48 in 2014; (4) ensuring that the unemployment rate (4.48 per cent) was one of the lowest in the region; (5) increasing the minimum wage by more than 300 per cent between 2005 and 2018. The wage level and productive investment policies, which had generated greater internal demand, had also been very beneficial for the private sector, where earnings had increased fourfold since 2005. All of that progress was reflected in an improvement in the economic and living conditions of parents and children; and (6) building over 4,000 educational units. The Plurinational State of Bolivia was among the countries with the highest levels of primary school attendance in the region. Various programmes were being implemented at the national and local levels, such as the Juancito Pinto voucher and the Juana Azurduy Padilla voucher for mothers and children, both administered by central Government, and other social programmes implemented through local initiatives, such as school breakfast programmes and local monetary or other incentives devised by different agencies at state level to meet labour, education, health and environmental needs, within the framework of the Plurinational System for the Integrated Protection of Children and Young Persons (SIPPROINA). The result of combined public investment was that, since 2005, the school drop-out rate in primary education had been reduced from 4.5 to 2 per cent, while also achieving the result of over 41,000 children not dropping out of school and an increase of 40,000 in the numbers obtaining their baccalaureate, with a gender balance in addition. The quality of education had also been improved substantially. The number of stable primary school teachers had been increased by 15 per cent (more than 15,000 temporary teachers had been given long-term posts) and a model of inclusive education had been introduced which had been recognized and welcomed by various international bodies. The population also benefited from better access to health care. Over 1,000 health-care establishments had been established; in 2005 there had been only 2,800. The infrastructure had been boosted with new occupational equipment. All of that progress had had a very positive effect on child health. Between 2008 and 2016, there had been a reduction of almost 50 per cent in chronic malnutrition among children under 5 years of age, which had been recognized as a rapid reduction by the World Health Organization. Furthermore, over the past eight years, infant mortality had more than halved, thanks to improvements in prenatal and perinatal care. Those achievements were the result of public and social investment that had increased ninefold since 2005, placing the Plurinational State of Bolivia top in the region in terms of public investment, to which it allocated 12 per cent of its GDP. Finally, he emphasized that, as a result of the inclusive economic model, the middle class had increased by over 3,000,000 persons between 2005 and 2017 and that 58 per cent of the population had an average income which enabled them to “live well”.

The Worker members recalled that it was the second time in recent years that the Committee had discussed this case. On both occasions, the case had been double footnoted by the Committee of Experts, which had repeatedly noted with concern the situation of child labour in the country. In its conclusions in 2015, the Conference Committee had called on the Government to undertake legislative reform in consultation with the social partners in order to increase the minimum age for admission to employment, and to allocate the labour inspectorate with more human and technical resources. The Committee had also invited the Government to avail itself of ILO technical assistance. They noted that the Constitutional Court had in the meantime declared unconstitutional section 129 of the Code for Children and Young Persons, which exceptionally authorized own account work as from the age of 10, and work in an employment relationship from the age of 12. The Plenary Chamber of the Constitutional Court had decided to declare the unconstitutionality of this provision since it was “incompatible and contradictory” with the Political Constitution of the State, the Convention on the Rights of the Child and Convention No. 138. They congratulated the Constitutional Court for this decision drawing on the international legal obligations of the Plurinational State of Bolivia. The Government should now take measures promptly in order to bring its legislation into line with the Convention. While the Convention allowed ratifying States whose economy and educational facilities were insufficiently developed to invoke the flexibility built into Article 2(4) of the Convention to specify a minimum age of 14 years, the instrument by no means allowed ratifying States to go below this threshold. In fact, ratifying States were expected to progressively raise the general minimum age to 16 years, and to eradicate child labour. The Convention provided that the specified minimum age could not be less than the age of completion of compulsory schooling. Full-time attendance at school or participation in approved vocational orientation or training programmes should be required and effectively guaranteed up to an age at least equal to that specified for admission to employment. Depriving children of opportunities for education and training condemned them to remain unskilled and thus perpetuated the poverty of a society. In recent years and to its credit, the Government of the Plurinational State of Bolivia had made education compulsory until the end of secondary school. This would in general require a child to go through 12 years of schooling, and, therefore, the age of completion of compulsory schooling would be at least 16 years. Allowing children to work as from the age of 10 would inevitably affect their compulsory schooling. Hence, the Code for Children and Young Persons was inconsistent with the national education law and was in clear violation of the Convention. The Worker members expressed their concern at the high number of children employed in the informal economy. While recognizing the results of measures taken by the Government to reduce the share of the informal economy, there were still too many children employed without protection in the informal economy. In the worst cases, they were engaged in forced begging, debt bondage, domestic services and commercial sex exploitation.

The Plurinational State of Bolivia’s capacity for effective labour inspection remained weak despite the significant number of children employed in hazardous employment. There were only 90 labour inspectors in the entire country, according to the Government’s report. In its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government indicated that there were only six labour inspectors specialized in the elimination of child labour. There was no indication that this number had been increased. Given the large number of children engaged in child labour, as well as the scale of the informal economy, the number of labour inspectors remained inadequate. Weak labour inspection not only reduced the possibility of the detection of violations related to child labour, but also hindered the appropriate punishment of perpetrators. The Worker members took note of the positive measures undertaken by the Government in order to eradicate child labour, such as the Inter-institutional Subcommittee for the Elimination of the Worst Forms of Child Labour, which aimed to mobilize efforts and create synergies to prevent child labour and to provide care for victims. Moreover, the Government’s Economic and Social Development Plan aimed to eradicate the causes of child labour by increasing public spending on child protection. In this area, there had indeed been progress, with public expenditure increasing from 3.5 per cent in 2005 to 7.8 per cent in 2015. These policy initiatives were commendable, but still fell short of the measures required for compliance with the Convention. The system introduced by the Code for Children and Young Persons had to be reformed without any delay. The Government should also immediately implement the ruling of the Constitutional Court by undertaking legislative reform in consultation with the social partners. They sincerely hoped that this discussion would be helpful in highlighting the urgency of these issues with the Government so that further progress could be made.

The Employer members expressed appreciation for the information provided and recalled that the discussion concerned a fundamental Convention and, as such, any lack of conformity with its provisions needed to be rectified as promptly as possible. They supported the designation by the Committee of Experts of the case as a double-footed one. Under Article 1 of the Convention, States undertook to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The ILO defined child labour as any work that deprived children of their childhood, their potential and their dignity and that was harmful to their physical and mental development. As such, it was work that was harmful to a child’s physical, mental or moral well-being and interfered with schooling. According to the National Survey on Child Labour carried out in 2012 by the National Statistics Institute (INE), 491,000 children below the minimum age were engaged in work in the country, of whom 437,000 were engaged in hazardous work. Furthermore, 309,000 young persons aged from 14 to 17 were performing hazardous work. Those data showed the scale of the problem of child labour in the country. They also referred to the comments of the Committee of Experts on: (i) the lowering of the minimum age for admission to work under section 129 of the new Code for Children and Young Persons from 14 to 10 years for own-account workers and to 12 years for those working for others; (ii) the fact that the informal economy exceeded 70 per cent of the total economy, as it was the environment that was most conducive to child labour because it was beyond the scope of ordinary and general labour inspection; and (iii) the distinction made in the new Code for Children and Young Persons between fixing the minimum age at 10 for children working on their own account and at 12 for those working for others. In that respect, the Committee of Experts had requested the Government to take a range of measures, such as the drafting, in consultation with employers’ and workers’ organizations, of a new law to bring the national legislation into line with the Convention, and the provision of training and more human and material resources for the labour inspection services.

Moreover, the Constitutional Court, in its 2017 ruling, had found sections 129, 131, 133 and 138, among others, of the Code for Children and Young Persons to be unconstitutional as they were contrary to the Convention. International treaties formed part of constitutional law, therefore the above provisions of the Code for Children and Young Persons were not only contrary to the Convention, but also the Constitution of the country. The ruling of the Constitutional Court urged the Government to formulate public policies for the eradication of child labour, which should be designed and implemented in consultation with employers’ and workers’ organizations, as set out in the Convention. The Employer members concluded that, although the ruling of the Constitutional Court had overturned the provisions that breached the Convention, it had left a legislative loophole, as it was unclear which provisions were applicable. As a result, the Government still needed to amend the legislation explicitly so that it was in line with the Convention. To that end, they called for amendments to be made in consultation with the most representative employers’ and workers’ organizations, in accordance with the Convention.

The Worker member of the Plurinational State of Bolivia highlighted the high rate of exploitation in the past, resulting from the application of Supreme Decree No. 21060 of 29 August 1985, which had privatized strategic public enterprises. He noted that, pursuant to the Supreme Decree, a large number of factories and mining enterprises had closed and many workers had been dismissed. Currently, child labour principally existed in the private sector (the Potosí mining sector, and the agricultural and livestock sectors in Eastern Bolivia), while it had been reduced in the public sector. Furthermore, while underlining the importance of working in a coordinated manner with the Government with a view to eradicating child labour, he drew attention to the signing in 2016 of an agreement between the workers and the Government, under which the adoption of all draft legislation must be agreed upon with the Bolivian Workers’ Federation (COB). It was vital that this agreement be respected. He congratulated the Plurinational State of Bolivia, particularly the Constitutional Court, for the adoption of the ruling that repealed and annulled, inter alia, sections 129 and 138.I of the Code for Children and Young Persons.

The Employer member of the Plurinational State of Bolivia said that there were two aspects to non-compliance with the Convention, one of form and the other of substance. Regarding the problem of form, the ruling of the Constitutional Court, based on the provisions of the Convention, had ensured conformity with the Convention by maintaining the minimum age for admission to employment. He drew attention to the fact that the Government had not taken such measures when formulating the provision or when the international community had expressed criticism. Such conduct called into question the Government’s willingness to implement and comply with the international Conventions, as it implied that it only observed them when they were in keeping with its ideology, jeopardizing even sensitive issues, such as childhood development. With regard to the basic problem, the absence of effective policies against child labour in the informal economy was also a matter of concern. This sector represented over 70 per cent of the economy, and was a space which concealed forms of work that were not decent and impeded proper access to decent working conditions from the first years of work. The Code for Children and Young Persons was nothing more than a vehicle for the implementation of the public policies adopted by the Government. The initial provision allowing work by children under the age limit set out in the Convention therefore regrettably disregarded the spirit of international standards which protected children and preserved their right of access to opportunities to develop and grow. Lastly, he expressed concern that a provision had been adopted which clearly did not correspond to the shortcomings and structural needs of children. In that context, the Government should commit to generating the institutional structures and conditions necessary to: (i) fill the legislative gap revealed by the ruling of the Constitutional Court; (ii) establish state schemes to eliminate child labour fully and effectively; and (iii) design mechanisms for the protection of children’s rights and allowing for the development and growth, in decent conditions, of the population of some 800,000 children.

The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Georgia, Montenegro, Norway, the former Yugoslav Republic of Macedonia and Ukraine, indicated that every girl and boy deserved a childhood and proper education, regardless of their ethnicity, gender, religion, and their place of residence. The elimination and prevention of child labour constituted an important priority for the EU. Respect for the rights of the child was embodied in the Treaty on the EU and the Charter of Fundamental Rights. Furthermore, core labour standards were explicitly mentioned in all recently negotiated trade agreements between the EU and partner countries. The EU and the Plurinational State of Bolivia had very close bilateral cooperation. The Plurinational State of Bolivia was the largest recipient of bilateral EU development assistance in Latin America. It also benefited from the Generalised Scheme of Preferences (GSP+), under which, in return for preferential tariffs, it had committed to ratify and effectively implement fundamental ILO Conventions and other international instruments. This case had already been discussed by this Committee in 2015, following the adoption of the Code for Children and Young Persons that allowed children to work for an employer from 12 years of age, and in self-employment from 10 years of age. The Committee of Experts had concluded that these new provisions were not in conformity with the Convention. It had stressed that self-employed children should be guaranteed at least the same legislative protection as children in an employment relationship, particularly as many of these children were working in the informal economy under hazardous conditions. The Government had consequently been urged to: repeal these provisions; immediately prepare a new law in consultation with the social partners; and provide labour inspectors with greater human and technical resources. The Government had not taken any measures in this respect, despite the fact that child labour was a persistent phenomenon in the country, especially in rural areas and in the agriculture and mining sectors. She recognized the progress made by the Government in eradicating poverty and improving access to education, health, food and housing, and in effectively implementing human rights commitments. The Constitution, together with the Patriotic Agenda 2025 and the National Plan for Human Rights 2014–18, would provide a solid basis to better promote and protect human rights. The Code for Children and Young Persons also set out a wide range of measures for the protection of children, but the provisions allowing exceptions to the minimum age for admission to employment or work were of great concern. She referred to the decision of the Constitutional Court that declared these provisions unconstitutional, and looked forward to its swift implementation. The Government should be urged to prepare new legislation in consultation with the social partners increasing the minimum age for admission to employment or work. The Government could avail itself of the ILO’s technical assistance for this purpose. The Government should also be encouraged to reinforce the labour inspection services and to continue its efforts to invest in social services in order to effectively detect child labour and protect children in both the formal and informal sectors. The EU would continue to cooperate with the Plurinational State of Bolivia to achieve the sustainable elimination of all forms of child labour.

The Government member of Paraguay, speaking on behalf of the group of Latin American and Caribbean countries (GRULAC), welcomed the information provided by the Government representative with regard to the application of the Convention. The 2030 Agenda for Sustainable Development, and in particular Goal 8.7 on eradicating child labour in all its forms by 2025, represented a unique opportunity to speed up the elimination of inequality and poverty. The continued existence of child labour perpetuated inequality and the exclusion of large sectors of the population, jeopardized sustained growth in the region and threatened the productivity of future adults by restricting their opportunities to obtain decent work. As a result, the region had promoted a series of initiatives with the aim of reducing child labour faster. She expressed satisfaction at the steps taken by the Government and at reports that, through the binding ruling of the Constitutional Court, the provisions on which the Committee of Experts had commented had been rendered void and overturned. Observing that the legislation had been brought into line with the Convention, GRULAC considered that the Conference Committee should express satisfaction at the case. It should also highlight the progress that the Government had made in reducing poverty and inequality and tackling the structural causes of child labour, and it should encourage the Government to continue its efforts to eradicate child labour.

The Worker member of Spain deplored the adoption of the new Code for Children and Young Persons which, by amending former section 129 and reducing the minimum working age for children, was manifestly incompatible with the Convention. The existence of child labour was not acceptable under any circumstances and was a feature of societies where the inequality gap was growing. The consequences when children had to work were irreversible. She recalled the commitment made in the Buenos Aires Declaration on Child Labour, Forced Labour and Youth Employment of 16 November 2017, in which governments, the social partners and civil society were urged to be decisive in demanding the elimination of child labour. Lastly, in view of the information provided by the Government relating to the ruling of the Constitutional Court to suspend that section of the Code for Children and Young Persons, she concluded that it was necessary to enact a new law in line with the provisions of the Convention which established clear age criteria for admission to employment and had the goal of eliminating child labour.

The Government member of the Bolivarian Republic of Venezuela supported the statement made by GRULAC and welcomed the progress achieved by the Government, in particular with regard to the Economic and Social Development Plan and the ruling issued by the Constitutional Court, which had declared unconstitutional the provision of the Code for Children and Young Persons criticized by the Committee of Experts. In accordance with the ruling, the legislation of the Plurinational State of Bolivia was in line with the Convention. Based on the explanations provided by the Government representative, there was no doubt that the Government would pursue its protection policies in order to definitively eradicate child labour. He therefore considered that, in its conclusions, the Committee should note with satisfaction the progress made in the case.

The Worker member of Uruguay, while expressing appreciation for the social inclusion of and respect for different ethnic minorities demonstrated in the political process carried out in the Plurinational State of Bolivia, said that the adoption of a law that was in violation of a fundamental Convention showed inconsistencies. As a result of the exercise of full democracy, the law had been repealed. Nevertheless, social divisions continued to exist in the country which had resulted in many years of exclusion. It was necessary to address the causes of the situation and eradicate child labour in accordance with the provisions of the Convention. He was confident that the Government would establish the necessary mechanisms to hold consultations with the social partners for the purpose of developing legislation that allowed children to receive an education in order to ensure the development of the country.

The Government member of Ecuador endorsed the statement made on behalf of GRULAC and thanked the Government representative for the information provided. Ecuador considered the elimination of both inequality and poverty to be a priority and therefore attached great importance to combating child labour. The care, protection and development of children were some of the drivers of the comprehensive development to which nations so greatly aspired. Welcoming the progress and action taken to guarantee the best interests of the child, she encouraged the Government of the Plurinational State of Bolivia to continue working hard to address the structural causes of child labour.

The Government member of Egypt indicated that the application of the Convention was a matter of significant importance as it was one of the fundamental Conventions. He noted the Government’s efforts for the effective eradication of child labour, including: amending the legislation to bring it into conformity with the Convention; the ruling by the Constitutional Court on certain provisions of the Code for Children and Young Persons; the economic measures for the eradication of poverty, which was one of the main causes of child labour; improved health care for children; and measures to improve the schooling of children. The Committee of Experts should take account of these positive measures. Technical assistance should be provided to the Government to improve the implementation of the Convention.

The Government member of the United States welcomed the ruling by the Constitutional Court that declared unconstitutional certain provisions of the Code for Children and Young Persons that allowed the employment of children under the age of 14 and contrary to the country’s international legal obligations. He encouraged the Government to take all appropriate action to implement laws and practice in line with the Convention, availing itself of the ILO technical assistance.

The Government member of Algeria noted with satisfaction the efforts made by the Government of the Plurinational State of Bolivia to enhance the implementation of policies to reduce the structural causes of child labour, such as poverty, which had decreased from 38.6 to 16.8 per cent, the school drop-out rate, which had been reduced from 4 to 2 per cent between 2006 and 2014, and the generalization of education, with coverage reaching 80 per cent. The commitment of the Government and the action taken to adapt the national legislation and to implement economic and social policies aimed at combating child labour should be supported. He considered that the progress made in that area should not be ignored and that the efforts made and the results achieved should be taken into account.

The Employer member of Chile regretted that the Government had not brought national law and practice into conformity with the Convention, despite a specific request from the Committee to that effect in 2015. Although the Government indicated that the exceptions to the minimum age of 14 years provided for in the Code for Children and Young Persons only applied on the condition that basic rights, such as the right to education, were not prejudiced, it was clear that the exceptions undermined that right, particularly considering that the period of compulsory schooling was 12 years, or at least until the age of 16 years. Furthermore, it should be noted that the Code had been adopted without first consulting workers’ and employers’ organizations, which was another regrettable error. Since the ruling of the Constitutional Court, there had been a regulatory gap and it was still necessary for the Government, in consultation with employers’ and workers’ organizations, to bring its legislation into conformity with the Convention without delay.

The Government member of the Dominican Republic acknowledged the good intentions of the Plurinational State of Bolivia and the action it had taken, which bore witness to the State’s duty to safeguard the best interests of children and young persons. The information provided by the Government regarding the Constitutional Court ruling, which was binding, demonstrated its commitment. The ruling was an appropriate response to the recommendations of the Committee on the Application of Standards.

The Government member of Canada referred to the IV Global Conference on the Sustained Eradication of Child Labour of 2017 where the parties had committed to work towards the eradication of child labour. Already in 2015, the Government had been requested to take immediate measures to amend the provisions of the Code for Children and Young Persons concerning the minimum age for admission to employment or work for self-employment and for work in an employment relationship in order to bring them into line with the Convention. Welcoming the information provided by the Government concerning the judicial ruling declaring these provisions unconstitutional, she urged the Government to amend the Code without delay to ensure that the appropriate minimum age was clear for all constituents. The Government was also urged to strengthen its labour inspection capacity and its efforts to apply the law, and to prevent the inappropriate use of child labour, particularly in the informal economy.

The Government member of Switzerland expressed concern at the fact that the Code for Children and Young Persons was still not in conformity with this fundamental Convention. It was regrettable that some of its provisions, which were in force provisionally, allowed for the minimum age for admission to work to be reduced to below 14 years. That was not compatible with the conditions required for adequate schooling and did not allow young persons to attain full mental and physical development. Switzerland had already expressed concern in the Committee in 2016 at the provisions of section 129 of the Code, which allowed children to work from the age of 10 years. It was therefore appropriate to call on the Government once again to bring its legislation into conformity with the Convention, promote high-quality schooling and education, continue combating poverty and eliminate child labour and the exploitation of children.

The Government member of Nicaragua supported the statement made on behalf of GRULAC and welcomed the information provided by the Government representative. The eradication of poverty and inequality was fundamental, and it was therefore to be welcomed that, in the context of national economic and social development policies, the Plurinational State of Bolivia had established general policies for the comprehensive development of the country in line with the “living well” vision. It should also be emphasized that the Government’s efforts to achieve progress towards the goals included in its pillars the eradication of extreme poverty, socialization, the universalization of services, health and education, productive and food sovereignty with a view to eradicating child labour by 2025. He also welcomed the ruling issued by the Constitutional Court, which rendered void the provisions criticized by the Committee of Experts, and the introduction of socio-economic policies which had reduced several of the structural causes of child labour, such as extreme poverty. He encouraged the Government to continue implementing policies for the control, follow-up and application of measures to contribute to the eradication of child labour by 2025.

The Government member of Cuba welcomed the information provided by the Government representative and the progress made in reducing inequality and poverty, which had fallen from 38.6 per cent to 16.8 per cent in recent years. It was also important to recognize the changes made regarding structural causes, which had created better conditions for children and their families. The Government’s focus on education had been instrumental in making structural changes, and as a result, the number of children attending school had doubled. The social progress that had been made, as reflected by the reduction of poverty, the inclusion of vulnerable groups in the life of the country and the emphasis on children, young persons and women, were undeniable. Concerning labour issues in general, the Plurinational State of Bolivia had said that it was continuing to work towards the eradication of the worst forms of child labour, and the exceptional measures adopted previously had been set aside. She expressed confidence that the necessary efforts would be made to eliminate the causes of child labour, through a multisectoral and protective approach, taking as a premise the “best interests of the child” and adapting the regulatory framework.

The Government representative emphasized that in its ruling the Constitutional Court had removed the points raised in the observation of the Committee of Experts, for which reason it was no longer necessary to amend the legislation with a view to bringing it into conformity with the Convention. The Code for Children and Young Persons now set a minimum age for admission to work of 14 years, in accordance with Article 2(4) of the Convention and the General Labour Act of the Plurinational State of Bolivia. Further legislative measures on the minimum age for admission to employment were not therefore required. On the other hand, the public policies adopted by the Government were solid and progress had been made in reducing the structural causes of poverty and in the abolition of child labour. In that regard, in 2008 over 700,000 children had been in a situation of child labour and hazardous work, while the number had fallen to 437,000 in 2012. According to the latest data from the Survey of Children and Young Persons of the INE, there were currently 323,000 children in that situation, meaning that the number of children engaged in child labour had been reduced by over 50 per cent in recent years. All of that demonstrated the will of the Government not only to comply with the provisions of the Convention, but also to transform the situation of poverty experienced by the children of the country. With reference to the alleged absence of public policies for the eradication of child labour in the informal economy, as a result of the policies implemented by the Government, he emphasized that the number of salaried workers had increased between 2005 and 2017 and was now 1,500,000. The number of workers covered by social security had also risen from 2,600,000 in 2005 to 4,200,000 in 2017. The numbers of the population entitled to retirement benefits had also increased from 660,000 in 2006 to 1,600,000 at present. It was clear that the economic policies that were being implemented were creating a structural basis with a view to offering the population the right to dignity, which presupposed not only access to work, but also the right to social security and pensions.

Finally, he reaffirmed the commitment of the Plurinational State of Bolivia to making the necessary efforts for the eradication of child labour. To that effect, the Patriotic Agenda 2025 included among its objectives the eradication of child labour by the year 2025. The progress made was significant, but not sufficient, for which reason it was necessary to continue the transformations that were being made for the benefit of children and young persons. On that basis, the Committee should recognize the efforts that were being made.

The Employer members emphasized that, despite the ruling of the Constitutional Court, all the issues had not been resolved, and that there was still a lack of conformity with international rules, and especially with the Convention. For example, reference had been made to the register of child workers, which was provided for in the Convention as an instrument to monitor child labour. Similarly, despite the amendments made as a result of the ruling of the Constitutional Court, it was still not clear how sections 132 and 133 of the Act would be applied. The lack of a process of tripartite consultations with the most representative organizations of employers and workers was also a problem. The Plurinational State of Bolivia still needed to design and adopt policies for the abolition of child labour, in consultation with the social partners in the country, and to bring its legislation more fully into line with the Convention, as it had been requested to do since 2015. State intervention was crucial in two important areas. Firstly, for the strengthening of labour inspection, both regarding material and human resources, and in terms of the training of inspectors on child labour in general and child labour in the informal economy, where child labour was prevalent and most violations occurred. Secondly, the Government was urged to accept ILO technical assistance, which had been proposed in the past, so that the country could overcome the legislative issues and develop a plan for the eradication of child labour, in continuous consultation with the tripartite partners. In conclusion, considering the gravity of the case under discussion, the Employer members called for the case to be included in a special paragraph of the Committee’s report.

The Worker members recalled that, on the two occasions that the Committee had discussed the application of the Convention, the case had been double footnoted. On both occasions, it had been clear that the decision to lower the age for admission to employment to ten years was not in line with the Convention. While the Government had taken some positive measures to eradicate child labour and provide protection for children, legislative reform was imperative. They noted the information provided by the Government in its concluding remarks that section 129 of the Code for Children and Young Persons had been revoked by the Constitutional Court and then modified by the Government. They welcomed this decision as a positive step, and invited the Government to communicate this information to the Office and to the Committee of Experts. They called on the Government to progressively increase the minimum age for admission to employment in collaboration with the social partners. Depriving children of opportunities for education and training would keep them unskilled, and thus perpetuate the poverty of a society. If the minimum age for admission to work or employment was lower than the school-leaving age, children could be encouraged to leave school, as it would mean legally authorizing children of the age of compulsory schooling to work. The Government should therefore ensure that the minimum age for employment was set higher than the age of completion of compulsory schooling. As the limited number of labour inspectors might make it difficult for them to cover the informal economy and agriculture, where most child labour was to be found, the Worker members called on the Government to strengthen the capacity and expand the reach of the labour inspectorate. They suggested that the Government could benefit from ILO technical assistance.

Conclusions

The Committee took note of the information provided by the Government representative of the Plurinational State of Bolivia on the issues raised by the Committee of Experts and the discussion that followed regarding the articles of the Code on Children and Adolescents that are not in line with the provisions of ILO Convention No. 138.

It is also noted that the Constitutional Decision 0025/2017 of 21 July 2017 declared the unconstitutionality of several of the provisions of the Code for Children and Adolescents (Act No. 548 of 17 July 2014), taking, as a reference and legal basis for this articles 1, 2 and 7 of ILO Convention No. 138. As a result of that decision, the following sections of the Code have been declared unconstitutional: 129.II; 130.III; 131.I, III, IV; 133.III, IV; 138.I.

The Government stated that following the decision of the Constitutional Court, no legislative amendments were needed, given the repealing effects of the constitutional decision on the aforementioned provisions.

Taking into account the Government’s submissions and the discussion that followed, the Committee urged the Government to:

- adapt national legislation, in consultation with the most representative employers’ and workers’ organizations, following the repeal of the provisions of the Code for Children and Adolescents by the Constitutional Court of the Plurinational State of Bolivia, in line with Convention No. 138 and inform the Committee of Experts on these measures;

- make available to labour inspection increased human, material and technical resources and training, especially in the informal sector, to provide a more effective implementation of Convention No. 138 in law and practice;

- avail itself of technical assistance from the ILO, to review the National Plan for the Eradication of Child Labour in consultation with the most representative organizations of employers and workers; and

- submit to the Committee of Experts the final draft of provisions of the Code on Children and Adolescents before 1 September 2018; and report in detail on the progress made in the application of Convention No. 138 in law and practice to the next meeting of the Committee of Experts in 2018.

The Government representative clarified that the Constitutional Court’s declaration of unconstitutionality referred to section 129.II of the Code. However, in the case of sections 130.III; 131.I, III and IV; 133.III and IV; and 138.I, it only applied with respect to the provisions establishing the exception to the minimum age of 10 years for light work. It was important to take that situation into account, as the first bullet point seemed to suggest, erroneously, that all of the above provisions had been derogated.

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative expressed the unwavering commitment of the Plurinational State of Bolivia to eradicate the causes of forced and hazardous labour and the labour exploitation of children and young persons, through the development and implementation of policies, plans and programmes at all levels of the State. The Political Constitution of the State and the Children’s and Adolescents’ Code prohibited forced labour and child exploitation, as well as the performance of any work without the consent and fair compensation of children. The General Labour Act and the Code fixed the minimum working age at 14 years. Social reality in much of the world was that children and young persons, because of necessity, entered work before they reached the minimum age. ILO reports indicated that 10 per cent of the world population of children and young persons were engaged in work and that 5.4 per cent carried out hazardous work which entailed a violation of their rights. In Latin America and the Caribbean the rate of child labour was 8.8 per cent and the Plurinational State of Bolivia was not spared from that reality. It was necessary to take action to raise visibility of and combat this situation. It should also be emphasized that the causes were structural and multiple and public policies for its effective and progressive eradication were therefore necessary, taking into account the fact that informality contributed to the extremely vulnerable everyday situations in which each child and young person continued to experience. Since 2006, the Plurinational State of Bolivia had been developing social and economic policies that guaranteed all its inhabitants a decent and better life, with an increase in the gross annual domestic product of more than 5.8 per cent over the last nine years. The national minimum wage had also been raised from US$63 in 2004 to US$237 in 2015, that is, an increase of 400 per cent. The population living below the extreme poverty line had decreased from 45 per cent in 2000 to 18 per cent in 2015.

He referred to the following examples of public policies adopted for the benefit of children and young persons: (i) the Juancito Pinto allowance, which provided a monetary incentive for primary school pupils (in 2015 this had been extended to secondary school students) which contributed to reducing the school drop-out rate to 1.5 per cent; (ii) the new Education Act; (iii) the eradication of illiteracy; (iv) free school breakfasts in the public education system, thereby reducing the rates of child malnourishment; (v) the Juana Azurduy allowance for pregnant women, which was a payment that reduced the rates of child and maternal mortality and benefited young workers during pregnancy; (vi) the supply of computers to educational centres and schools and of laptops to secondary school students to improve the quality of education; and (vii) the installation of internet services in the education system and in urban and rural areas. In this context, the Code which had been adopted set the minimum age for work at 14 years. In addition, an exception had been established of 12 years for work carried out by children for another person and 10 years for work carried out by children on their own account with, in both cases, special prior authorization from the parents or guardians and the State authorities, provided that the conditions that protected children’s rights were ensured. Child exploitation and forced and hazardous labour were also prohibited. The Code envisaged a plurinational plan for children and young persons which incorporated the programme for prevention and social protection for working children under 14 years of age, under which support was to be provided to families in extreme poverty, with the commitment to provide work to the parents of underage workers. Furthermore, among other initiatives, mechanisms had been established to further promote education, training and awareness raising among families and society when the cause of work was extreme poverty. The exception to the minimum age was provisional, with a view to overcoming this problem by 2020. With the aim of protecting children, the following measures had been adopted: the right to receive a salary equal to the national minimum wage, the right to short- and long-term social security, the promotion of the right to education, and a 30-hour working week for work carried out for a third party by children aged 12–14 years, with two hours of that schedule dedicated to study. The Plurinational State of Bolivia was not contravening the Convention, but was seeking to broaden protection of child workers under the new Code, which was an exceptional measure that contributed to the application of the public policies aimed at eradicating child labour. The Government would seek international cooperation so that other countries, particularly those in the region, could share best practices for the eradication of child labour. Conscious of the work that needed to be undertaken over the following five years, the Government expressed its commitment and would make good use of the experience of the international community and the ILO. The Government invited the Committee of Experts to adopt a comprehensive approach in its analysis of the situation of child labour in the country, which took into account all the measures and public policies that had been implemented over the past nine years for children and adolescents.

The Employer members emphasized that the Committee of Experts had made observations on seven occasions on the manner in which the Plurinational State of Bolivia was applying the Convention. It was a situation of the utmost gravity and involved three issues. First, the Committee of Experts deplored the fact that the new Children’s and Adolescents’ Code amended section 129 of the previous Code by reducing the minimum age for employment to 10 years in the case of own-account work and 12 years for children working for a third party, which was contrary to Article 7(4) of the Convention. The Committee of Experts had expressed its deep concern at the distinction made between children working on their account and children working for a third party. The 2012 General Survey on the fundamental Conventions stated that equal protection should be given to children in both situations, since many children working on their own account were engaged in the informal economy and under hazardous conditions. Second, even though the Convention contained a flexibility clause in Article 7(1) and (4) enabling children between 12 and 14 years of age to perform light work, provided that it was not harmful to their health and did not prejudice their school attendance or vocational training, the new Code only allowed this possibility from 14 years of age. The Employer members considered that the age for admission to light work should be reduced. Third, the legislation did not contain provisions obliging employers to keep registers, as provided for in Article 9(3) of the Convention. The existence of data on the number of minors in work would enable the Government to perceive the magnitude of the problem of child labour. According to the 2010 ILO Global Report on Child Labour, 23 per cent of children between 5 and 14 years of age were engaged in economic activity and 60 per cent of children in the rural sector were working (14 per cent in hazardous work). It was a widespread phenomenon affecting more than 500,000 children. There was a significant lack of conformity between the legislation and the Convention which needed to be rectified rapidly. However, any amendment of the legislation should be effected in full consultation with the most representative workers’ and employers’ organizations. There was also a need for the Government to adopt a national plan for the progressive elimination of child labour through social dialogue and to strengthen labour inspection in both the formal and informal sectors. In conclusion, the Employer members emphasized the importance of having recourse to the technical assistance of the Office in that regard. The Worker members emphasized that the present case concerned the minimum age for admission to employment, light work and the keeping of registers. Prior to 23 July 2014, the Children’s and Adolescents’ Code, which set the minimum age for admission to employment at 14 years, had been in conformity with the Convention. The new Code reduced the age allowing children to work on their own account from 10 years of age, and for a third party from 12 years of age. According to the Government, this amendment was aimed at improving the country’s economy and combating poverty. While noting the various measures mentioned by the Government representative, and without questioning the sincerity of the Government’s commitment to reducing poverty, it should be strongly affirmed that the Government had given the wrong signal, both within the country and to neighbouring countries. As children were the most vulnerable persons, legalizing the possibility for them to work would not empower them, but would open the door to all types of abuse. It was also necessary to take into account that the Government had never considered consulting the social partners when there were proposals to amend the law.

The Worker members recalled that in 1997, when it ratified the Convention, the Plurinational State of Bolivia had chosen the option provided for in Article 2 of the Convention to specify a minimum age of 14 years. The Minimum Age Recommendation, 1973 (No. 146), provided that Members should take as their objective the progressive raising to 16 years of the minimum age for admission to employment. While the Worker members could understand the Government’s argument that such measures for the reduction of the minimum age were essential to supplement the income of the poorest families, they did not agree with that view. In this regard, in the 2012 General Survey on the fundamental Conventions, the Committee of Experts emphasized that “Article 2(2) foresees the raising of the minimum age but does not allow the lowering of the minimum age once declared”. In addition, the flexibility clauses contained in Articles 4 (exclusion of limited categories of employment or work) and 5 (application to certain branches of economic activity), which were not used by the Plurinational State of Bolivia, were aimed at promoting the progressive elimination of child labour and improving the progressive implementation of the Convention. The temporary nature of the exceptions to the minimum age of 14, for a period up to 2020, did not make them more acceptable, since these exceptions constituted a violation of the Convention and were in violation of Recommendation No. 146. In relation to light work, a State which had specified 14 years as the minimum age at the time of ratification could reduce it to 12 years with respect to certain types of work provided for in Article 7, but the employment of children under 12 years of age in light work could not be authorized under any circumstances. Noting that, pursuant to the Convention, the specified minimum age must not be less than the age of completion of compulsory schooling, it should be emphasized that depriving children of schooling and training opportunities would result in a lack of skills and perpetuate the impoverishment of society. In this regard, it should be recalled that the Government had raised the age for compulsory schooling, and that children needed to have completed 12 years of schooling, which meant that the age for completion of compulsory schooling was at least 16 years. Allowing children to work as from 10 years of age would inevitably affect their compulsory schooling and, the new legislation was therefore incompatible with the Education Act and in clear violation of the Convention. Furthermore, the Convention covered all economic sectors, as well as all forms of employment or work, including work in family holdings or in the agricultural sector, domestic work and own-account work. However, the new Code established a distinction between children working on their own account and those in an employment relationship, while the two groups of children should be entitled to the same level of protection. In this regard, the Worker members wondered whether the notion of “own-account work” held any meaning with respect to a child of 10 years of age. Even if, due to significant economic difficulties, children were left to themselves and were forced to find their own livelihoods, their situation could not be compared to that of adults who chose to be self-employed instead of being employed. While the new Code correctly qualified work in the agricultural and construction sectors as hazardous, it established an exception for children carrying out that type work in a family or community undertaking, which was in violation of the Convention, which did not allow such a distinction and prescribed a higher minimum age for hazardous work (18 years). With respect to the Government’s argument that labour inspection would better monitor and protect children in the workplace if they were covered by the General Labour Act, the Worker members were of the view that the Government did not realistically have the capacity to monitor the working conditions of an estimated 850,000 children working nationwide, in addition to adult workers, considering that the national inspectorate only had 69 inspectors. Therefore, reducing the minimum age, while maintaining the same number of labour inspectors, would have an adverse effect and increase the exploitation of children. The Worker members indicated that while they understood the Government’s argument, the conclusions on this case would have to be firm concerning the action to be taken and the time frame, since no derogation was possible for fundamental issues such as child labour and minimum age.

The Employer member of the Plurinational State of Bolivia said that, although the labour sector in his country (as in many others) operated under very particular circumstances, in which, for example, underage children were obliged to work in order to help their families, it was obvious to the Confederation of Private Employers of Bolivia (CEPB) that the Government had entered into a commitment to eliminate all forms of child labour that did not conform to the principles of the ILO. Any amendments made to the provisions of section 58 of the General Labour Act or to section 52 of Regulatory Decree No. 224, which specified that the minimum age for apprenticeship was 14 years, had to comply strictly with Articles 2(4) and (5) and 5 of the Convention, which essentially provided that: (i) the minimum working age of 14 years was non-negotiable; (ii) the Plurinational State of Bolivia’s economy and educational facilities would need to be considered insufficiently developed; and (iii) employers’ and workers’ organizations had to be consulted first (which had regrettably not been the case). There was no child labour in Bolivia’s formal sector represented by the CEPB, because no legally constituted enterprises under the supervision of the authorities recruited minors. On the other hand, the informal economy which, in view of its anonymity, was able to take advantage of the poverty of certain segments of the population and deny them decent jobs, did indeed resort to child labour in order to minimize operating expenses, labour costs and taxation. That being so, keeping registers as a means of identifying child workers, as required under Article 9(3) of the Convention, was especially necessary if the informal sector were to be monitored properly. Consequently, one of the first steps that needed to be taken in tackling the child labour problem responsibly was to develop a set of formalization policies under which the labour legislation could be applied to the informal economy, which currently employed over 70 per cent of the country’s workers. The temporary nature of the lower minimum age for work (that is, 5 years) could not justify the legislation not being in conformity with the Convention. Finally, as the promotion and effective practice of tripartism was a fundamental principle of the ILO, and given the fact that there had been no such tripartism when the Government decided to lower the minimum working age in the new Code, even though the consultation of workers and employers was mandatory under Articles 2(4) and (5) and 5 of the Convention, the CEPB was fully prepared to collaborate with the Government in the planning of ways and means of bringing the country’s legislation into full conformity with the provisions of the Convention.

The Worker member of the Plurinational State of Bolivia said that the Bolivian Workers’ Confederation (COB), the most representative trade union organization, had not participated in drafting the Children’s and Adolescents’ Code. However, the COB’s list of claims addressed the issue of amending the General Labour Act, including setting the minimum age for admission to work at 14 years. Although the Government had acted in good faith, the workers refused to take a step backwards in labour protection and deplored the fact that any flexibility should be sought in the application of international Conventions. Priority should be given to reforming the law in order to resolve the issue. The Government had taken several steps to improve the situation of workers. More should be done to that end, but with the agreement of workers and employers. He requested technical assistance from the Office, particularly in order to strengthen labour inspection, as many enterprises did not respect workers’ rights.

The Government member of Cuba, speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), made special mention of the “Regional Initiative for Latin America and the Caribbean Free of Child Labour”, which had been established with the support of governments, employers and workers of the region, with a view to stepping up the pace of the reduction of child labour and achieving the goal of its elimination by 2020. GRULAC considered that the persistence of child labour perpetuated inequality and the exclusion of large sections of the population, jeopardized sustained growth in the region and threatened the productivity of the adults of the future by limiting opportunities for access to decent work. GRULAC noted that the actions taken by the Government were set out in its Constitution, which established the duty of the State, society and the family to safeguard the best interests of children and young persons. She also emphasized the information provided by the Government indicating that the Code had been drawn up on the basis of dialogue with civil society and the active participation of the latter, including associations supporting children and young persons. GRULAC observed that the Government’s initiative was temporary and geared to the elimination of the causes of work by children and young persons. It should result in better living conditions for them, as well as eliminating the need for such work. She emphasized the progress achieved by the Government in reducing poverty and, consequently, in tackling the structural causes of child labour. She trusted that the Government would continue implementing policies for the progressive reduction of child labour, with a view to its effective elimination, in accordance with the objectives of the Convention.

The Worker member of Uruguay said that the Uruguayan trade union movement had followed with much interest the social and political progress achieved in the country. The Uruguayan trade union movement was aware of the recent progress made, as indicated in the Government’s detailed account, and was not indifferent to the general political developments taking place throughout the Americas to promote international labour standards through negotiation and social dialogue. However, as the trade union movement was independent, it was free to express its disagreement with the Government’s position. Firstly, he deplored the fact that the social partners had not been invited to participate in the drafting process of the new Children’s and Adolescents’ Code. Secondly, the distinction introduced by the new Code between children working on their own account and those in employment relationships constituted a clear and unfounded discrimination as there was no obvious reason to distinguish between these two groups of children. He criticized the attempt by the Government to address these societal and poverty issues by reducing the minimum age for admission to work, and firmly believed that the solution to these problems could not be found in permitting 10-year-old children to work. Indeed, even by taking cultural and social aspects into consideration, nothing could justify such a measure which, in addition, was in clear violation of the fundamental principle of Convention No. 138. Finally, he welcomed the commitment of the Employer members’ not to employ minors, as those who employed them would be guilty of child labour.

The Government member of Canada noted with concern the new Children’s and Adolescent’s Code adopted on 17 July 2014, which reduced the minimum age to 10 years for own-account work and 12 years for an employment relationship. He considered that it was not in line with either the letter or the spirit of the Convention, whose goal was to eliminate child labour and to progressively raise the minimum age. While the national legislation provided for a compulsory schooling of up to 12 years, the new Code would hinder the ability of children to attend school. He recalled that the Convention permitted light work for persons between 13 and 15 years of age only where such work did not threaten children’s health and safety, or hinder their education or vocational training. He expressed the view that hazardous workplace conditions in the country would not meet the definition of the term “light work” as provided for in the Convention. He supported the observation of the Committee of Experts, which urged the Government to take immediate measures to ensure the amendment of section 129 of the new Code, so that the minimum age was at least 14 years, in conformity with the age specified by the Government at the time of ratification and with the requirements of the Convention in this regard.

The Government member of Nicaragua commended the steps taken by the Government to eliminate child labour. Inequality, poverty and the unequal distribution of wealth made it difficult to eradicate what was a structural problem. The measures taken by the Government had been highlighted during the Human Rights Council’s Universal Periodic Review in terms of the social and economic progress made. Work was currently under way to adopt a national five-year plan to prevent and progressively eradicate the worst forms of child labour and to protect young workers. The measures taken should be considered as a whole, since structural problems could not be eliminated in isolation. In the case of child labour, the viewpoints of children, families, communities and the nation should be kept in mind. Consideration should be given not only to the commitments made by the Government, but also to the action it took.

The Government member of the Bolivarian Republic of Venezuela, aligning himself with the statement made on behalf of GRULAC, took note of the commitment of the Government to eliminate child labour. The national legislation on the issue had been drafted with the active participation and in dialogue with civil society. His Government had no doubt that the Government of the Plurinational State of Bolivia would pursue its child and adolescent protection policies with a view to eradicating the causes of child labour, and he hoped that the Conference Committee would not overlook the positive aspects of the explanations and arguments put forward by the Government. He trusted that the conclusions reached would be objective and balanced.

The Worker member of Ghana said that child labour was a threat to the progress of any country which faced challenges, as well as to the growth of a well-trained and capable future global workforce. The phenomenon of child labour was deplorable and should be condemned everywhere. Child labour was often justified by the immediate need to relieve poverty and not the long-term development and best interests of the child. While recognizing that the challenge with child labour in various sectors in Ghana was a function of poverty, he provided information concerning the projects and measures adopted to confront the situation, including through tripartism and working closely with the ILO, with a particular focus on the fishing and cocoa sectors and education initiatives. To permit and certify 10-year-olds, as had been done by the Government of the Plurinational State of Bolivia, was a retrograde step, and he urged the Government to revert to the age of 14 as the minimum age for work, in keeping with the ratification of the Convention.

The Government member of Switzerland expressed concern regarding the recent changes in Bolivian law to legalize child labour from the age of ten years. Act No. 548 of 17 July 2014 was incompatible with the Convention, as Switzerland had already pointed out during the 20th Session of the Human Rights Council’s Universal Periodic Review. Lowering the legal minimum age for work sent the wrong message to families and children, as the employment of children under the age of 14 was not consistent with the requirements of a proper education that would enable children to break the cycle of poverty and gain access to decent work as adults. He therefore requested the Government of the Plurinational State of Bolivia to bring its legislation into line with the Convention and to take measures to promote the rights of the child.

The Government member of Egypt said that there was no doubt that the Bolivian Government had the political will to stop the exploitation of children, as demonstrated by the Government’s ratification of the Convention and the legislation adopted in 2014 preventing children’s exploitation in work. The international community was responsible for protecting children in the world of work, and the Bolivian Government should have the opportunity to continue its efforts in that respect.

The Government member of Cuba expressed support for the statement made by GRULAC. She emphasized that the information provided by the Bolivian Government demonstrated its firm political will to make progress in eradicating child labour and to fulfil the commitments arising from the application of the Convention, as endorsed by the Bolivian Constitution, which guaranteed the best interests of children and young people. This political will was also reflected in the projects that the Bolivian Government had developed to eradicate child labour, as indicated in the report of the Committee of Experts. They included the Triple Seal programme of incentives for cooperation, which required enterprises to demonstrate that they did not use any form of child labour in order to be eligible for certain benefits; the Action Plan 2013–17 in conjunction with UNICEF; and the introduction of awareness-raising measures and training. She recommended that account should be taken of the progress made by the Bolivian Government in eradicating poverty and fighting for social inclusion, as well as social programmes that had a bearing on eradicating child labour.

The Government member of Pakistan thanked the Government for its commitment to promoting international labour standards and recognized that the Bolivian Government was striving to expand its range of protection of the rights of children and young persons and was making efforts to reduce structural elements that contributed to extreme poverty. The legislative Code under discussion aimed to prohibit dangerous work or work activities that prejudiced the health or morals of children and prohibited those which jeopardized their educational prospects. It strove to protect children who had otherwise been outside legislative protection. While he noted with satisfaction that public education and health facilities had improved in recent years, he urged the country to take into account the valuable input of the social partners at the national and international levels to improve the law and its implementation and he welcomed the Government’s readiness in that regard.

The Government representative said that the problem would not be so complex if the current capitalist global economic system did not place such overriding importance on profits which gave rise to and facilitated this type of exploitation of boys and girls. Child labour was a social reality and laws would not make the situation worse. On the contrary, the law reflected this reality. He recalled that the Plurinational State of Bolivia had taken the practical steps already mentioned to eradicate child labour. Those measures had produced positive results, such as a reduction in malnutrition and the end of illiteracy, as also confirmed by international indicators. Moreover, the recent legislation had only reduced the working age for light work and work under state control. The subject of child labour had been controversial since the dark days of neoliberalism, when his people had been cruelly exploited. But since 2006, with the Constituent Assembly and the new Political Constitution, the debate had begun on child labour. The President, Evo Morales had indicated that it was necessary to govern for the people, and particularly listening to the sacred voice of boys and girls in defence of their rights. He also recalled that delegations of the workers concerned had called for the recognition and protection of their rights at work and, referring to the statement of GRULAC, he highlighted the political will of the Bolivian State to safeguard the rights of children and end child exploitation and child labour. That was the undertaking. President Evo Morales had given instructions to improve the situation of children and to resolve their problems of health, nutrition and education. The legislative amendments adopted were therefore simply an exception and were intended to protect these working children, who were also heads of household, with the ultimate aim of eradicating child labour.

The Worker members observed that a law that authorized child labour could not be justified as a means of combating the problem. Certain measures referred to by the Government representative of the Plurinational State of Bolivia were positive, but would be more effective if the law on child labour was restored. Authorizing exceptions, even temporary ones, to the principles contained in Convention No. 138 could be interpreted as legitimation by the International Labour Conference of an opt-out system, which would send the wrong signal to countries in situations of poverty or whose economies were in transition. This backward step would call into question the credibility of international action against child labour. The new Children’s and Adolescents’ Code was not in conformity with Convention No. 138, as it permitted work by children below the minimum age specified by the Convention. That was a step in the wrong direction. More investment was needed in the areas of public education and social protection. The Government should: (1) withdraw the contentious legislation and, after consultation with the social partners, prepare a new law that was in conformity with the provisions of the Convention; and (2) strengthen human and technical inspection resources and training for labour inspectors in order to take specific action in law and practice. It could show its willingness by accepting ILO technical assistance, which could begin by preparing, in conjunction with the social partners, a time frame for actions to bring the law into conformity with the Convention. It should also inform the Committee of Experts at its next session of the specific steps taken.

The Employer members emphasized that, even if the Bolivian Act was temporary, it was in violation of the Convention, which was one of the fundamental Conventions of the ILO. With regard to dialogue with civil society, they emphasized that the Convention required consultation with the most representative organizations of workers and employers, and those organizations had not been consulted when the new Act was passed. Various points should therefore be reflected in the conclusions. First, the Government of the Plurinational State of Bolivia should be urged to bring its legislation into conformity with the Convention and to hold prior effective consultations with the most representative organizations of employers and workers so that steps to eradicate child labour were the fruit of tripartite dialogue. They also emphasized the importance of developing a national plan, in consultation with the social partners, that took into account primary and secondary education, which were the only ways out of poverty. It was also necessary to strengthen labour inspection which, in order to be effective, needed not only human resources but also a strategy to extend coverage to the informal sector. The Government should also be urged to accept ILO technical assistance for the eradication of child labour.

Conclusions

The Committee took note of the oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that followed relating to the 2014 amendments to the Children’s and Adolescents’ Code which lowered the minimum working age from 14 to 10 years for self-employed workers and to 12 years for those children in an employment relationship, although the Government had specified a minimum age of 14 years for admission to employment or work upon ratification of Convention No. 138. These amendments also allowed all children under the age of 14 to undertake light work without setting a lower minimum age for such work. The discussions had also highlighted that these amendments would legally authorize children between 10 and 14 years to work, in addition to the approximately 800,000 children between 5 and 17 years of age who were in a child labour situation according to the last Child Labour Survey of 2008 which had been carried out by the National Institute of Statistics (INA) with ILO support.

The Committee also noted the detailed information provided by the Government outlining the economic and social policies put in place since 2006 which had produced positive results, such as a reduction in malnutrition and the end of illiteracy. The Government had also referred to a host of public policies adopted for the benefit of children and adolescents. In this context, the Children’s and Adolescents’ Code set a minimum working age of 14 years, but established an exception of 12 years for work carried out by children in an employment relationship, and of 10 years for work carried out by self-employed children. The exception to the minimum age was provisional, with a view to overcoming the problem of providing support to families in extreme poverty by 2020. The Government had stated that it did not contravene the Convention, but sought rather to broaden the protection of child workers under the new Code. Finally, the Committee noted the Government’s had statement that it would seek international cooperation so that other countries, particularly those in the region, could share best practices for the eradication of child labour.

Taking into account the discussion that took place, the Committee urged the Government to:

• repeal the provisions of the legislation setting the minimum age for admission to employment or work and light work, in particular sections 129, 132 and 133 of the Children’s and Adolescents’ Code of 17 July 2014;
• immediately prepare a new law, in consultation with the social partners, increasing the minimum age for admission to employment or work in conformity with Convention No. 138;
• provide the labour inspectorate with more human and technical resources, as well as training, with a view to a more efficient and concrete approach in relation to implementing Convention No. 138 in law and practice;
• avail itself of ILO technical assistance to bring the legislation into compliance with the Convention; and
• report in detail to the Committee of Experts for its upcoming session.

The Government representative expressed disagreement with the conclusions and reserved the right to analyse them and send his observations at a later stage.

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

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the National Plan for the Gradual Elimination of Child Labour (2000–10) (“PNEPTI 2000–10”), which has the following strategic objectives: (1) to reduce labour performed by boys and girls under 14 years of age; (2) to protect adolescent workers over 14 years of age; and (3) to abolish the worst forms of labour performed by boys, girls and adolescents. It also noted that in order to implement PNEPTI 2000–10, three types of activities in which children work the most have been selected, namely sugar cane harvesting, mine work and urban work.

The Committee notes from a document issued by the Ministry of Labour on the Three-Year Plan on the gradual elimination of child labour (2006–08) (“Three-Year Plan 2006–08”), the mid-term review of PNEPTI 2000–10 carried out in 2005 showed that although progress has been made, results so far provide no evidence of a durable impact nationwide. It notes that the objective of the plan is to take effective and sustainable measures to improve implementation of the three strategic objectives of PNEPTI 2000–10 mentioned above. The Committee notes in this context that sugar cane harvesting, mine work and urban work are targeted by the Three-Year Plan 2006–08 as well.

The Committee notes the information sent by the Government to the effect that the Three-Year Plan 2006–10 was adopted following the mid-term review of PNEPTI 2000–10. It also notes that, according to the Government, ten educational assistance centres have been set up in six camps in the municipality of Bermejo where families engaged in sugar cane harvesting are accommodated. These centres have benefited 300 children. Moreover, according to the Government, the Project on the Elimination of Child Labour in Small-scale Mines in South America (2002–06) has enabled work by children and young people in mines to be prevented and reduced. The Committee further notes that, according to a report by ILO/IPEC issued in December 2007 on the project “Eradicating Child Labour in Latin America (Phase III)”, the National Statistics Institute (INS) in collaboration with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) is conducting a study on child labour.

The Committee appreciates the steps taken by the Government to abolish child labour. It is nonetheless concerned that child labour persists in practice and notes that the study on child labour will show how extensive the problem is in practice. The Committee urges the Government to step up its efforts to abolish child labour in the country. In this connection, it asks the Government to provide information on measures taken under the Three-Year Plan 2006–08 and PNEPTI 2000–10 and particularly on the action programmes that will be implemented to eliminate child labour gradually. It requests the Government to provide information on the results obtained. It furthermore invites the Government to send information on the practical effect given to the Convention, such as statistical data on the employment of children and young persons, extracts of reports by the inspection services, particularly inspections carried out in the sectors mentioned above. Lastly, it asks the Government to provide a copy of the study on child labour as soon as it is completed.

Article 2, paragraph 1. Scope. The Committee notes the information sent by the Government to the effect that work done by children on their own account in commercial activities, shoe cleaning, car cleaning and vendors in public transport are excluded from the scope of the Convention. It reminds the Government that according to Article 2, paragraph 1, of the Convention, no one under the minimum age specified, in Bolivia’s case 14 years, shall be admitted to employment or work in any occupation other than the exceptions provided for by the Convention. The Committee requests the Government to take the necessary steps to ensure that children under 14 years of age working on their own account have the protection provided for in the Convention. The Committee notes that, according to the Government, the labour inspection services have been reinforced and that four labour inspectors have had child labour training. The Committee requests the Government to take the necessary steps to give the protection established by the Convention to all children, in particular by deploying the labour inspection services in the various sectors where children carry out an economic activity, with a view to withdrawing from their activities children who are not bound by an employment relationship such as children working on their own account or in the informal economy.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes that according to statistics published by UNESCO in 2006, the net primary school enrolment rate is 96 per cent for girls and 94 per cent for boys and, at secondary school level, 72 per cent for girls and 73 per cent for boys. It also notes from the statistics published by UNICEF that the net school attendance rate at primary level is 77 per cent for girls and 78 per cent for boys and, at secondary level, 56 per cent for girls and 57 per cent for boys. The Committee further notes that according to an ILO/IPEC report of December 2007, school attendance increased by 9 per cent in 2007 and that a law on education is being drafted. Furthermore, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for all by 2000: Will we make it?, Bolivia has attained the objective of parity between the sexes in both primary and secondary education. The report further indicates that the country stands a good chance of attaining the objective of universal primary education for all by 2015. The Committee nonetheless notes that, according to the report, in terms of education for all there are still disparities between indigenous and non-indigenous peoples.

The Committee takes due note of the net primary school enrolment rate and the fact that the country stands a good chance of obtaining the objective of universal primary education for all by 2015. It also notes that the net primary school attendance rate is relatively good. It is nonetheless concerned that the net enrolment and attendance rates at secondary level are rather low. It points out that poverty is one of the main causes of child labour and when combined with a weak education system, hampers children’s development. Believing that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to pursue its efforts to improve the working of the education system in the country and to take steps to ensure children’s access to basic compulsory education or to informal schooling. It asks the Government to provide information on the measures taken to increase school attendance rates at both primary and secondary level so as to prevent children under 14 years of age from working and to narrow the gap between indigenous and non-indigenous peoples in terms of education for all. It requests the Government to provide information on the results obtained. Lastly, the Government is asked to provide a copy of the law on education as soon as it is adopted.

Article 3, paragraph 2. Determining types of hazardous work. The Committee notes that according to information in the abovementioned ILO/IPEC report of December 2007, a process for drawing up a list of types of hazardous work prohibited for children under 18 years of age was launched in 2007. To this end, an agreement has been signed by the Ministry of Labour and employers’ and workers’ organizations. The Committee expresses the hope that the list of types of hazardous work prohibited for children under 18 years of age will be adopted shortly. It requests the Government to provide information on all progress made in this matter and on consultations held with the workers’ and employers’ organizations in determining such types of work.

Article 9, paragraph 3. Employment registers. In its previous comments, the Committee requested the Government to provide information on the provisions that give effect to the requirement for employers to keep registers. The Committee notes that according to the Government the national legislation contains no such provisions. A Ministerial Resolution is nonetheless being drafted and will provide that employers shall keep a register of children under 18 years of age who work for them. The Committee expresses the hope that the abovementioned Ministerial Resolution will be adopted shortly and that it will contain provisions to give effect to the abovementioned Article of the Convention. It requests the Government to provide information on this point.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. 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, whether paid or unpaid. It also noted that sections 137 and 138 of the 1999 Code regulate apprenticeship but specify no minimum age for admission to apprenticeship. The Committee asked the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age is engaged in an apprenticeship.

In its report, the Government indicates that labour inspectors are responsible for implementing measures to ensure that children under 14 years of age are not engaged in apprenticeships. They have a form prescribed by certain provisions of the national legislation governing the supervision of work. Furthermore, four labour inspectors have received training and are specialized in child labour issues. The Committee acknowledges that measures to reinforce the labour inspection services are essential in combating child labour. However, for their work, labour inspectors need a basis in law consistent with the Convention enabling them to ensure that children are protected against conditions of work liable to jeopardize their health or their development. The abovementioned provisions of the national legislation governing the age of admission to apprenticeship are not consistent with the Convention. The Committee reminds the Government that, according to Article 6, the Convention does not apply to work done in enterprises by persons of at least 14 years of age when it is carried out in the context of a programme of education, training or vocational guidance, in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned.

The Committee accordingly asks the Government to take the necessary steps to amend the provisions of the national legislation that regulate the age of admission to apprenticeship so as to provide that no one under 14 years of age is engaged in an apprenticeship, as required by Article 6 of the Convention.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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:

Article 1 of the Convention. National policy. The Committee noted that, according to the Government, the three strategic objectives of the National Plan for the gradual elimination of child labour (2000–10) are: (1) to reduce labour performed by boys and girls under 14 years of age; (2) to protect adolescent workers over 14 years of age; and (3) to abolish the worst forms of labour performed by boys, girls and adolescents. In order to meet these strategic objectives, three types of activities in which children work have been selected: sugarcane harvesting, mine work and urban work. With regard to work done by children in mines, the Committee noted that in 2001 a subcommittee was created to implement programmes of action on child labour in this sector. The Committee noted that Bolivia is one of the countries participating in the programme to eliminate child labour in small-scale mining in South America. With regard to sugarcane harvesting, a subcommittee to eliminate child labour in this sector has been established in the Department of Santa Cruz de la Sierra. The Committee requests the Government to provide information on the implementation of the National Plan for the gradual elimination of child labour and the programme to eliminate child labour in small‑scale mining in South America, and to report on the results obtained.

Article 2, paragraph 1. Scope of application. The Committee noted the information supplied by the Government to the effect that children working on their own account in commercial activities, shoe shining, car cleaning and selling on public transport are excluded from the scope of application of the Convention. The Committee reminded the Government that according to Article 2, paragraph 1, of the Convention, no one under the specified minimum age – 14 years in Bolivia’s case  – may be admitted to employment or work in any occupation, subject to the exceptions allowed by the Convention. One such exception is provided for in Article 4 of the Convention, under which the competent authority may, after consultation with the organizations of employers and workers concerned, exclude from application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Governments must avail themselves of the possibility of excluding such limited categories in their first report on the application of the Convention. However, the Committee observed that the Government did not indicate in its first report that it intended to exclude from the provisions on the minimum age for admission to employment, work done by children on their own account. It accordingly asks the Government to take the necessary steps to ensure that the protection provided by the Convention is applied to self-employed children under 14 years of age.

Article 9, paragraph 3. Keeping of registers. With reference to its previous comments, the Committee noted from the information supplied by the Government that the Ministry of Labour is having difficulty in fulfilling its duty of keeping a register of persons who work and who are less than 18 years of age. The Government indicated in this connection that, the programme on institutional reinforcement and the programme on the application of international labour standards, implemented with cooperation from the Office, will help to overcome this difficulty. The Committee therefore requests the Government to provide information on the provisions that give effect to the requirement for employers to keep registers, and to provide a copy of them.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6 of the Convention. 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. According to section 28 of the Act, an apprenticeship contract is a contract under which the employer undertakes to ensure that apprentices receive practical instruction in a trade or craft which the employer or some other person dispenses using the work of apprentices, whether or not remunerated, for a fixed period which may not exceed two years. The provision includes apprenticeships in commerce and activities involving the use of engine-driven machinery. Section 58 of the Act prohibits work by children under 14 years of age other than in apprenticeships.

The Committee noted that, according to the Government, apprenticeship is covered by special legislation on work done by girls, boys and adolescents, namely the Children’s and Adolescents’ Code, 1999. In this regard, the Committee observed that sections 137 and 138 of the 1999 Code deal with apprenticeship. Section 137 provides for an apprenticeship system, and section 138 defines apprenticeship as vocational training provided through an educational process and a specific trade, in accordance with a programme, under the management of an official and carried out in a suitable environment. The Committee observed that sections 137 and 138 on apprenticeship specify no minimum age for admission to apprenticeship. It reminded the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings, where such work is part of an apprenticeship course. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years is engaged in an apprenticeship. It again requests the Government to provide information on the practical implementation of apprenticeship programmes.

The Committee raises other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

Article 1 of the Convention. National policy. The Committee notes that, according to the Government, the three strategic objectives of the National Plan for the gradual elimination of child labour (2000-10) are: (1) to reduce labour performed by boys and girls under 14 years of age; (2) to protect adolescent workers over 14 years of age; and (3) to abolish the worst forms of labour performed by boys, girls and adolescents. In order to meet these strategic objectives, three types of activities in which children work have been selected: sugarcane harvesting, mine work and urban work. With regard to work done by children in mines, the Committee notes that in 2001 a subcommittee was created to implement programmes of action on child labour in this sector. The Committee notes that Bolivia is one of the countries participating in the programme to eliminate child labour in small-scale mining in South America. With regard to sugarcane harvesting, a subcommittee to eliminate child labour in this sector has been established in the Department of Santa Cruz de la Sierra. The Committee requests the Government to provide information on the implementation of the National Plan for the gradual elimination of child labour and the programme to eliminate child labour in small-scale mining in South America, and to report on the results obtained.

Article 2, paragraph 1. Scope of application. The Committee notes the information supplied by the Government to the effect that children working on their own account in commercial activities, shoe shining, car cleaning and selling on public transport are excluded from the scope of application of the Convention. The Committee reminds the Government that according to Article 2, paragraph 1, of the Convention, no one under the specified minimum age – 14 years in Bolivia’s case  – may be admitted to employment or work in any occupation, subject to the exceptions allowed by the Convention. One such exception is provided for in Article 4 of the Convention, under which the competent authority may, after consultation with the organizations of employers and workers concerned, exclude from application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Governments must avail themselves of the possibility of excluding such limited categories in their first report on the application of the Convention. However, the Committee observes that the Government did not indicate in its first report that it intended to exclude from the provisions on the minimum age for admission to employment, work done by children on their own account. It accordingly asks the Government to take the necessary steps to ensure that the protection provided by the Convention is applied to self-employed children under 14 years of age.

Article 9, paragraph 3. Keeping of registers. With reference to its previous comments, the Committee notes from the information supplied by the Government that the Ministry of Labour is having difficulty in fulfilling its duty of keeping a register of persons who work and who are less than 18 years of age. The Government indicates in this connection that, the programme on institutional reinforcement and the programme on the application of international labour standards, implemented with cooperation from the Office, will help to overcome this difficulty. The Committee therefore requests the Government to provide information on the provisions that give effect to the requirement for employers to keep registers, and to provide a copy of them.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 6 of the Convention. 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. According to section 28 of the Act, an apprenticeship contract is a contract under which the employer undertakes to ensure that apprentices receive practical instruction in a trade or craft which the employer or some other person dispenses using the work of apprentices, whether or not remunerated, for a fixed period which may not exceed two years. The provision includes apprenticeships in commerce and activities involving the use of engine-driven machinery. Section 58 of the Act prohibits work by children under 14 years of age other than in apprenticeships.

The Committee notes that, according to the Government, apprenticeship is covered by special legislation on work done by girls, boys and adolescents, namely the Children’s and Adolescents’ Code, 1999. In this regard, the Committee observes that sections 137 and 138 of the 1999 Code deal with apprenticeship. Section 137 provides for an apprenticeship system, and section 138 defines apprenticeship as vocational training provided through an educational process and a specific trade, in accordance with a programme, under the management of an official and carried out in a suitable environment. The Committee observes that sections 137 and 138 on apprenticeship specify no minimum age for admission to apprenticeship. It reminds the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings, where such work is part of an apprenticeship course. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years is engaged in an apprenticeship. It again requests the Government to provide information on the practical implementation of apprenticeship programmes.

The Committee raises other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest that on 6 June 2003 Bolivia ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that on 22 July 2002 it renewed its Memorandum of Understanding (MOU) with ILO/IPEC until 2005. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy. The Committee notes that, according to the Government, the three strategic objectives of the National Plan for the gradual elimination of child labour (2000-10) are: (1) to reduce labour performed by boys and girls under 14 years of age; (2) to protect adolescent workers over 14 years of age; and (3) to abolish the worst forms of labour performed by boys, girls and adolescents. In order to meet these strategic objectives, three types of activities in which children work have been selected: sugarcane harvesting, mine work and urban work. With regard to work done by children in mines, the Committee notes that in 2001 a subcommittee was created to implement programmes of action on child labour in this sector. The Committee notes that Bolivia is one of the countries participating in the programme to eliminate child labour in small-scale mining in South America. With regard to sugarcane harvesting, a subcommittee to eliminate child labour in this sector has been established in the Department of Santa Cruz de la Sierra. The Committee requests the Government to provide information on the implementation of the National Plan for the gradual elimination of child labour and the programme to eliminate child labour in small-scale mining in South America, and to report on the results obtained.

Article 2, paragraph 1. Scope of application. The Committee notes the information supplied by the Government to the effect that children working on their own account in commercial activities, shoe shining, car cleaning and selling on public transport are excluded from the scope of application of the Convention. The Committee reminds the Government that according to Article 2, paragraph 1, of the Convention, no one under the specified minimum age - 14 years in Bolivia’s case - may be admitted to employment or work in any occupation, subject to the exceptions allowed by the Convention. One such exception is provided for in Article 4 of the Convention, under which the competent authority may, after consultation with the organizations of employers and workers concerned, exclude from application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. Governments must avail themselves of the possibility of excluding such limited categories in their first report on the application of the Convention. However, the Committee observes that the Government did not indicate in its first report that it intended to exclude from the provisions on the minimum age for admission to employment, work done by children on their own account. It accordingly asks the Government to take the necessary steps to ensure that the protection provided by the Convention is applied to self-employed children under 14 years of age.

Article 9, paragraph 3. Keeping of registers. With reference to its previous comments, the Committee notes from the information supplied by the Government that the Ministry of Labour is having difficulty in fulfilling its duty of keeping a register of persons who work and who are less than 18 years of age. The Government indicates in this connection that, the programme on institutional reinforcement and the programme on the application of international labour standards, implemented with cooperation from the Office, will help to overcome this difficulty. The Committee therefore requests the Government to provide information on the provisions that give effect to the requirement for employers to keep registers, and to provide a copy of them.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest the adoption of the Decree on wage work in the agricultural sector, which applies to work done by children aged from 14 to 18 years.

Article 6 of the Convention. 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. According to section 28 of the Act, an apprenticeship contract is a contract under which the employer undertakes to ensure that apprentices receive practical instruction in a trade or craft which the employer or some other person dispenses using the work of apprentices, whether or not remunerated, for a fixed period which may not exceed two years. The provision includes apprenticeships in commerce and activities involving the use of engine-driven machinery. Section 58 of the Act prohibits work by children under 14 years of age other than in apprenticeships.

The Committee notes that, according to the Government, apprenticeship is covered by special legislation on work done by girls, boys and adolescents, namely the Children’s and Adolescents’ Code, 1999. In this regard, the Committee observes that sections 137 and 138 of the 1999 Code deal with apprenticeship. Section 137 provides for an apprenticeship system, and section 138 defines apprenticeship as vocational training provided through an educational process and a specific trade, in accordance with a programme, under the management of an official and carried out in a suitable environment. The Committee observes that sections 137 and 138 on apprenticeship specify no minimum age for admission to apprenticeship. It reminds the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings, where such work is part of an apprenticeship course. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years is engaged in an apprenticeship. It again requests the Government to provide information on the practical implementation of apprenticeship programmes.

The Committee raises other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Coherence of national provisions on the minimum age
for admission to employment

Article 2(1) and (4) of the Convention. The Committee previously observed that, although the Children’s and Adolescents’ Code specifies 14 years as the minimum age for admission to employment, the definition of the term adolescent in section 2 of the Code includes young people between the ages of 12 and 18 years. The Committee asked the Government to indicate the measures taken to harmonize the various provisions of national legislation. The Committee notes the information given by the Government in its report according to which, although the term adolescent includes 12-year-olds, the specific provisions ensure that employment of any child aged below 14 years is prohibited.

Obligation of employers to maintain registers

Article 9, paragraph 3, of the Convention. The Committee requests the Government to communicate information on the legislative provisions giving effect to the obligation of employers to maintain registers, and to send copies of such legislation.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Employment of children aged below 14 years under apprenticeship contracts

Article 6 of the Convention

Minimum age

In its previous comment, the Committee noted that section 58 of the General Labour Act excludes apprentices from the general prohibition of employment of children aged below 14 years, and is thus at variance with Article 6 of the Convention, according to which the minimum age for employment of children as part of a training programme is 14 years. The Committee asked the Government to indicate the measures taken or envisaged to ensure that children aged below 14 years would not be employed as apprentices.

In its report, the Government indicates that in practice, children of less than 14 years of age can be admitted to apprenticeships, and also refers to this in the part of its report concerning the exclusions allowed under Article 4 of the Convention.

Article 4 of the Convention states that, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise (paragraph 1), and that the competent authority must list in its first report any categories which may have been excluded, giving the reasons for such exclusion.

The Committee notes, first, that the Government did not indicate in its first report that apprentices would be excluded from the application of the minimum age provisions, and second, that such an exclusion would have been inadmissible, given that the minimum age of 14 years for employment of minors as part of an apprenticeship is expressly stated in a specific provision of the Convention, namely, Article 6, according to which the minimum age for employment in undertakings as part of a training programme is 14 years.

Conditions of apprenticeship

The Committee also noted sections 8 and 28 of the General Labour Act, according to which "the apprenticeship contract is one under the terms of which the employer is obliged to provide practical instruction through work, paid or unpaid, on a trade or skill, for a fixed period which may not exceed two years. This provision includes trade apprenticeships and activities involving the use of machinery".

Article 6 of the Convention stipulates the conditions of such an apprenticeship, namely, that it must be an integral part of a course of education or training for which a school or training institution is primarily responsible, a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The purpose of such conditions is to prevent apprenticeship contracts from being used to employ children of 14 years of age under conditions and for wages that are below established standards. Moreover, in this case, the children concerned are under 14 years of age.

The Committee notes that in implementation of the provisions of sections 58 and 28 of the General Labour Act, children aged below 14 years can work as apprentices, with or without pay, under conditions that fall short of those set out in Article 6 of the Convention. The Committee hopes that the Government will take the necessary measures to ensure that the provisions of the Convention are applied with regard to the minimum age for employment under apprenticeship contracts and the conditions of such employment.

Dangerous work

The Committee notes that according to section 28 of the General Labour Act, apprenticeship contracts can be concluded for activities involving the use of machinery. Given that such contracts can be concluded with children aged below 14 years, the Committee requests the Government to provide information on such activities, and recalls that the Convention prohibits employment in occupations which by their nature and the conditions in which they are performed can pose risks to the health of young people aged below 18 years.

The Committee hopes that the Government will take the necessary measures to fix at 14 years the minimum age for admission to apprenticeship, to establish, through consultations with the employers’ and workers’ organizations concerned, the conditions under which such work can be performed, and to prohibit employment of apprentices to do dangerous work.

Child labour in rural areas

The Committee notes that, under the terms of section 1 of Regulating Decree No. 224 of 23 August 1943, agricultural workers are not covered by the provisions of the General Labour Act.

Given that children in rural areas make up a high proportion of working boys and girls, according to data given in the Plan of Action for the progressive elimination of child labour produced by the Inter-Institutional Commission for the Elimination of Child Labour, the Committee hopes that the Government will take the necessary measures to ensure that the Convention is applied to minors working in rural areas, in particular with regard to the minimum age for employment and protection from employment in dangerous work. The Committee hopes that the Government will provide information on this question.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. On ratifying the Convention, States undertake to pursue a national policy, the aim of which is effective abolition of child labour. The Committee notes the information contained in the Government’s second periodic report to the 485th and 486th Sessions of the Committee on the Rights of the Child (CRC/C/65/Add.1, paragraph 41) to the effect that the strategic action and human development programme (PAE-Social) aims, among other things, to secure special protection for children through the establishment of a modern legal framework for the comprehensive protection of children and adolescents and the provision of services for street children and workers. Priority is to be given to improving the living conditions of children between the ages of 7 and 12 years, of adolescents who work and those who live on the streets. The Committee asks the Government to provide all relevant information on the implementation of the PAE-Social, particularly the measures designed effectively to abolish child labour and gradually raise the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.

Article 2, paragraphs 1 and 4. The Committee notes that, under section 126, paragraph 1, of the Children’s and Adolescents’ Code, the minimum age for admission to employment or work is 14 years, and that section 58 of the General Labour Act prohibits work by children of less than 14 years, which is in keeping with the minimum age specified by the Government on ratifying the Convention.

The Committee observes, however, that, according to section 2(1) of the Children’s and Adolescents’ Code, the term "adolescent" refers to any human being aged between 12 and 18 years. The same term is used in several provisions of Title VI of the Children’s and Adolescents’ Code, particularly sections 124, 126, 127, 136 and 149 governing the work of adolescents. According to section 124, a working adolescent is someone engaged in a productive activity or who performs services either as an employee or as a self-employed person. The Committee considers that the use of the term "adolescent" as defined in section 2(1) of the Code could allow work by children aged between 12 and 14 years, contrary to the provisions of the national legislation and the requirements of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to harmonize the various provisions on the age for admission to employment or work and to bring them into line with the minimum age of 14 years specified by the Government on ratifying the Convention.

The Committee asks the Government to indicate whether consultations have been held with employers’ and workers’ organizations for the purpose of fixing the minimum age at 14 years, as required by paragraph 4 of Article 2.

Article 3, paragraphs 1 and 2. The Committee notes that section 133 of the Children’s and Adolescents’ Code prohibits, as the Convention requires, dangerous work by adolescents, who, according to section 2(1) of the Code, comprise any human being aged from 12 to 18 years. The Committee also takes note that Article 134 of the Children’s and Adolescents’ Code establishes a list of these dangerous jobs. The Committee asks the Government to indicate whether employers’ and workers’ organizations were consulted when the list was being established.

Article 3, paragraph 3. The Committee notes that section 52 of the decree to implement the General Labour Act of the Ministry of Labour allows minors to be given special authorization to perform dangerous work in specific cases. The Committee asks the Government to indicate whether such authorizations are granted and, if so, on what conditions and under which provisions.

Article 6. The Committee notes that under section 131 of the Children’s and Adolescents’ Code, government or private entities are in charge of social programmes designed for educational work. According to the above provision, "educational work" is work in which the pedagogical requirements concerning personal and social development take precedence over the productive aspects. The Committee asks the Government to indicate whether the Government or private entities referred to in section 131 of the Code are training institutions or ordinary schools. It also asks the Government to provide further information on the social programmes and particularly their pedagogical priorities.

With regard to apprentices, the Committee notes the provisions on apprenticeship, sections 138 and 139 of the Children’s and Adolescents’ Code. Section 138 of the Code defines "apprenticeship for vocational training" as an educational process coordinated by a specified agency, in accordance with a programme, directed by a managing officer and implemented in a proper environment. Section 139 provides that "vocational technical training" for adolescents is to be governed by the following principles: (1) access to regular teaching with compulsory attendance; (2) activities suited to the student’s physical and mental development; and (3) a timetable compatible with performance of work and the "vocational technical training". The Committee notes that sections 138 and 139 on apprenticeship do not specify a minimum age of 14 as required by Article 6 of the Convention. The Committee has already referred to the difficulty posed by the definition of the term "adolescent" in the Children’s and Adolescents’ Code, in that the term covers the age group of 12 to 14 years. The Committee also notes that section 58 of the General Labour Act prohibits work by minors of under 14 years of age "except apprentices".

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention on this point. It also asks the Government to supply any relevant information on the application in practice of the provisions on apprentices.

Article 9, paragraph 3. The Committee notes that section 69 of Decree No. 10859 requires all working minors to be registered on the minors’ labour register of the Regional Directorate. Please indicate whether the above decree is still in force and, if not, please provide a copy of the new provisions that give effect to Article 9, paragraph 3, of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the effect given to the Convention in practice including, for example, extracts of inspection reports and data on the number and nature of contraventions reported.

Please also provide copies of the following texts:

-  Decree No. 24260 of 22 March 1996 concerning the offices for the protection of children and adolescents;

-  the implementing regulations of the Decree of 21 September 1929;

-  Decree No. 16998 of 2 August 1979;

and any other text which may have amended or repealed them.