Comments adopted by the CEACR: Bolivia (Plurinational State of)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Organic Law against trafficking and smuggling of persons (Act No. 263 of 31 July 2012) and the implementing regulations (Decree No. 1486 of 6 February 2013) which define the fundamental components of trafficking in persons and provide for penalties.

The Committee notes the adoption of the Plurinational Policy against trafficking and smuggling of persons for 2013–17 and the National Action Plan for 2015–19. The Committee also notes the Government’s general indication, in its report, that, in the framework of the Multisectoral Plan for the integral development of the fight against trafficking and smuggling of persons for 2016–20, several actions are being implemented to prevent, control and sanction trafficking in persons, while providing support and promoting the reintegration of victims. The Committee notes that, as highlighted in the National Action Plan, Bolivia is principally a source country for trafficking for purposes of both sexual and labour exploitation within the country, mainly in the sugar cane and nut harvesting industries, domestic work, mining and begging. A significant number of Bolivians are also subjected to trafficking for labour exploitation abroad, mainly in Argentina, Brazil and Chile, in sweatshops, agriculture, textile factories and domestic work. The Committee refers, in this regard, to its last observation on the application of the Domestic Workers Convention, 2011 (No. 189), where it noted that, according to studies published by the Organization of American States (OAS), many victims of trafficking are Bolivian women who are taken to other countries as domestic workers and sometimes become victims of labour exploitation. It notes that, in September 2018, the La Paz Departmental Human Rights Ombudsperson (Defensoría del Pueblo) indicated that during the last few years the number of trafficking victims increased by 92.2 per cent, with 70 per cent of the victims being girls and young women aged from 12 to 22 years. According to its 2016 Global Report on Trafficking in Persons, the United Nations Office on Drugs and Crime (UNODC) indicated that between 2012 and 2015, 1,038 persons were prosecuted for trafficking but only 15 of them were convicted. The Committee notes that, in its last annual reports, the Public Prosecutor indicated that 701 cases of trafficking were registered in 2016 and 563 cases in 2017, but that no information is available on the number of persons convicted or judicial decisions handed down in that respect. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) of the United Nations was concerned about the high and growing number of cases of trafficking in human beings, in particular women and children in border areas, as well as of cases of internal trafficking of indigenous women for purposes of forced prostitution, in particular in areas in which major development projects are being implemented. The CEDAW recommended to undertake an assessment of the situation of trafficking in Bolivia as a baseline for measures to address trafficking and to improve the collection of data on trafficking disaggregated by sex, age and ethnicity (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 20 and 21). The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. It accordingly urges the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecutions and that in practice, sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of criminal proceedings initiated, persons convicted and penalties imposed on the basis of Act No. 263 against trafficking and smuggling of persons. The Committee also requests the Government to provide information on the concrete measures taken to effectively combat trafficking in persons, including through awareness-raising activities and enhanced access to justice, in the framework of the National Action Plan for 2015–20 and the Multisectoral Plan for 2016–20. Lastly, noting the Government’s statement that several actions are being implemented to support victims of trafficking, the Committee requests the Government to provide information on the concrete measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and remedies, as well as the number of victims who have been identified and have benefited from such assistance.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in indigenous communities. 1. Persistence of forced labour and servitude practices. The Committee previously noted the measures taken by the Government to combat forced labour practices in the country, mainly in the sugar cane and nut harvests, as well as in plantations and stock-breeding ranches, which affect particularly indigenous populations of Quechua and Guaraní origin. Referring to its previous comments, the Committee notes the Government’s indication, in its report, that the specific programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region” was implemented until the end of 2015. It takes note of the adoption of the Human Rights Policy and Action Plan for 2015–20 which identifies among the existing challenges the persistence of forced labour and servitude practices of children and women, and generally provides for actions to be taken in order to eliminate such practices as well as any other form of labour exploitation in the country. Referring to its last observation on the Worst Forms of Child Labour Convention, 1999 (No. 182), where it urged the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and nut harvesting industries, the Committee notes that, in its last concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about the situation of Guaraní women who depend on working in agriculture and livestock and do not receive compensation or remuneration, and recommended that the Government take measures to prohibit and discourage all forms of slave labour affecting them (CEDAW/C/BOL/5-6, 28 July 2015, paragraphs 34 and 35). The Committee further notes that in November 2017, the Tarija Department Police investigated a forced labour case involving 25 people from the Guaraní indigenous group, including eight minors, exploited in the sugar cane harvest. The Committee requests the Government to continue to make every effort to eradicate forced labour and servitude practices, which affect particularly the indigenous populations of Quechua and Guaraní origin, and to provide information on any concrete measures taken to combat the root causes of the vulnerability of the victims, including in the framework of the Human Rights Policy and Action Plan for 2015–20 and of the Development Plan for the Guaraní People. It also requests the Government to provide information on any assessment undertaken on the impact of the programme on “the progressive eradication of forced labour and other similar forms of work in indigenous communities in the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region”, as well as on any follow-up measures taken.

2. Strengthening of mobile labour inspection offices. The Committee previously noted the activities carried out by the Fundamental Rights Unit of the Ministry of Labour, Employment and Social Welfare (MTEPS) within the framework of the Development Plan for the Guaraní People, and particularly the strengthening of labour inspections at the regional level. It notes the Government’s indication that temporary mobile labour inspection offices were established in remote municipalities in the priority regions of the Chaco zone, the Bolivian Amazon zone and the Santa Cruz region, in order to investigate situations of forced labour and restore victims’ rights. It notes the Government’s indication, in its report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), that the MTEPS identified that indigenous people are more vulnerable in remote areas, more particularly in the agriculture and wood extraction sectors, and increased the number of the regional labour inspectors specialized in forced labour, operating within the Fundamental Rights Unit, who are now carrying out activities in three departmental labour offices and five regional labour offices. The Committee notes the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of comprehensive mobile inspections as well as awareness-raising activities have been carried out. It notes however that, in their 2016 reports forwarded by the Government, several regional labour inspectors specialized in forced labour highlighted the lack of available resources, such as the absence of vehicles, dissemination of training material and staff which prevent labour inspections in extensive and remote areas, including where indigenous populations of Guaraní origin are located. It notes in particular that several regional labour inspectors pointed out the lack of specific guidance and criteria to identify forced labour cases and recommended the adoption of a specific procedure within the labour inspectorate to deal with such cases. Noting that as a result of the discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application of the Minimum Age Convention, 1973 (No. 138), the Conference Committee urged the Government to make available to labour inspection increased human, material and technical resources and training, especially in the informal sector. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of labour inspectors, particularly of those specialized in forced labour, and increase the state presence in remote areas, including through mobile labour inspections, in order to ensure that labour inspections are carried out safely and effectively and in a timely manner in the areas identified as having a high incidence of forced labour and servitude, indicating the number of inspections carried out, the offences reported and the judicial or administrative decisions taken. It also requests the Government to provide information on any specific guidance, criteria or procedure elaborated or implemented for forced labour cases in order to assist labour inspectors. The Committee further requests the Government to continue to provide information on the awareness-raising and capacity-building activities undertaken at local and regional levels on servitude and forced labour, more particularly among at-risks groups, as well as on the number of beneficiaries.

3. Strict enforcement of penal sanctions. The Committee previously requested the Government to provide information on the application of section 291 of the Penal Code, which provides for sanctions of imprisonment from two to eight years for any person who reduces an individual to slavery or a similar condition, as well as on the manner in which the National Agrarian Reform Institute (INRA) cooperates with the labour inspectorate and the judicial authorities. The Committee notes the Government’s indication that according to data available from the INRA, in 2016, indigenous communities benefited from more than 2 million hectares. It notes that according to the 2016 reports of the regional labour inspectors specialized in forced labour, forwarded by the Government, three cases involving servitude or forced labour in the region of the Chaco zone and Santa Cruz region where the use of the land did not respect its “social-economic function” were reported to the INRA in view of land restitution. It notes however that several regional labour inspectors specialized in forced labour requested better inter-institutional coordination, in particular with the Human Rights Ombudsperson (Defensoría del Pueblo) and the INRA. Taking into consideration the persistence of forced labour and servitude practices, which affect particularly indigenous populations of Quechua and Guaraní origin, the Committee notes with concern the Government’s indication that no judicial decision was issued on forced labour or similar forms of labour exploitation. While welcoming the statistics forwarded by the Government for 2016 and 2017, which show that an increasing number of workers have had their rights restored through labour inspections and that the amounts awarded to workers further to conciliation procedures between the labour inspectorate and employers are increasing, the Committee emphasizes that when the envisaged sanction consists of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and recalls in this regard the dissuasive function of penal sanctions (see 2012 General Survey on the fundamental Conventions, paragraph 319). Noting that in its 2016 report, forwarded by the Government, the indigenous peoples specialist of the Fundamental Rights Unit of the MTEPS identified the lack of access to justice as one of the main causes of the persistence of forced labour and servitude practices. The Committee notes that, in its last concluding observations, the CEDAW also expressed concern about the persisting structural barriers in the “rural indigenous jurisdiction” and in the formal justice system that prevent women from gaining access to justice and obtaining redress (CEDAW/C/BOL/5-6, 28 July 2015, paragraph 10). The Committee further notes that, in its last annual report on Bolivia, the United Nations High Commissioner for Human Rights highlighted the seriousness of the structural problems facing the administration of justice, such as impunity, low public confidence in institutions of justice, lack of access to justice, long delays in the delivery of justice, lack of independence of the judiciary, and obvious incapacity to guarantee due process (A/HRC/28/3/Add.2, 16 March 2015, paragraph 41). The Committee requests the Government to provide information on any measures taken to enhance access to justice for victims of forced labour and servitude practices, including of the indigenous populations of Quechua and Guaraní origin, and to strengthen cooperation between the labour inspectorate and other institutions, such as the Public Prosecutor, the Human Rights Ombudsperson or the National Agrarian Reform Institute (INRA), so that no situation of forced labour goes unpunished. It requests the Government to provide comprehensive information on the number of investigations, prosecutions and convictions on forced labour and servitude cases dealt with by the labour inspectorate or any other competent authority as well as on the penalties imposed, including penal sanctions based on section 291 of the Penal Code. The Committee requests the Government to continue to provide information on the number and outcomes of cases involving forced labour or servitude practices reported to the INRA in view of land restitution.

Articles 1(1) and 2(1). Indirect compulsion to work. As regards sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) which empowers the police and the police courts to qualify persons as “vagrants” and “indigents”, and to impose the appropriate administrative security measures, the Committee previously noted the Government’s indication that rehabilitation and support centres have been set up accordingly to cooperate with the police. It recalled that persons considered as “vagrants” and “indigents” who do not disturb the public peace should not be subject to penalties, given that such penalties could ultimately constitute an indirect compulsion to work, and requested the Government to provide additional information in this regard. The Committee notes the Government’s repeated general indication that the national legislation prohibits forced labour and servitude practices. The Committee again requests the Government to provide specific information on the application of sections 7(1) and 50(b) of the Basic Act on the National Police (Act No. 734 of 8 April 1985) in practice, indicating the criteria used to identify and classify persons as vagrants and indigents and to admit them into rehabilitation and support centres. It requests the Government to provide information on the number of persons considered as vagrants and indigents by the authorities who have been placed in such centres, as well as on the measures taken to ensure that these persons who have not been convicted by a court of law are not subject to the obligation to perform work, as specified in Article 2(2)(c) of the Convention. The Committee requests the Government to provide a copy of any relevant text governing the rehabilitation and support centres.

Repetition

In order to provide an overview of the issues concerning the application of the core Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee previously noted Decision No. 001 of 11 May 2004, issued by the Ministers of Labour and of Health and Sports (SEDES), section 1 of which provides that the Ministry of Health and Sports, through its ministries and municipal authorities, shall allocate the necessary and adequate medical personnel so that, in coordination with the Ministry of Labour, free medical examinations are carried out for boys, girls and young persons who are working in the industrial and agricultural sectors and who work on their own account in urban or rural areas, under the terms of section 137(1)(b) of the Code on Boys, Girls and Young Persons of 1999. In this respect, the Committee noted section 137(1)(b) of the Code, under the terms of which young persons engaged in work shall periodically undergo medical examination. It observed that the expression “medical examinations” contained in section 1 of Decision No. 001 of 11 May 2004 only appears to refer to the periodical medical examinations that young persons have to undergo during employment, but not the thorough medical examination of their fitness for work. The Government indicated, however, that the Ministry of Labour, Employment and Social Welfare was preparing a new Bill on occupational safety and health.

While noting that section 131(4) of the new Code on Children and Young Persons provides that the issuance of work permits is subject to prior medical examination for persons under 18 years, the Committee observes that this work permit can be granted to children from the age of ten. The Committee recalls that this issue was raised by this Committee as well as the Committee on the Application of Standards in 2015. In this regard, the Committee refers to its detailed comments of 2015 concerning the application of the Minimum Age Convention, 1973 (No. 138).

Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes once again that the Bill on occupational safety and health has still not been adopted and that the Government does not appear to have taken any measures to give legal effect to these provisions of the Conventions. The Committee requests the Government to take the necessary measures to adopt the Bill without delay to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. The Committee previously noted that no measure has been taken by the Government to ensure the supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents, or in the informal economy. The Committee expresses the firm hope that the Bill on occupational safety and health will be adopted in the near future and that it will contain provisions determining the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access, as well as the other methods of supervision to be adopted for ensuring the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention.

Application of the Conventions in practice. In its previous comments, the Committee noted that due to economic constraints, there are certain shortcomings in the application of this Convention, particularly in the capitals of remote departments, such as Cobija and Trinidad, and in rural areas. Nevertheless, it noted that the Government had adopted measures, in accordance with the possibilities available to it, so that all young persons who work in the country will progressively be covered by the protection afforded by the Convention. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on progress achieved in relation to the application of the Convention in practice, by providing in particular, in accordance with available capacities, information concerning the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Convention and extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 30 August 2016 and 10 September 2018, in which the aforementioned organizations reiterate their previous observations. The Committee notes the Government’s reply to the first observation of the employers’ organizations, received on 5 September 2016. The Committee requests the Government to send its comments on the second observation.

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. In their observations, the employers’ organizations maintain that the protectionist labour policy implemented by the State in the last 12 years has had a negative impact on the formal labour market, detracting from full employment in the country. They state that the system of absolute labour stability and immunity prevailing in the country makes it impossible for employers to terminate employment, hampers the restructuring of enterprises and the implementation of innovations or technologies, and invalidates decisions to close enterprises. In addition, they denounce a considerable increase in the minimum wage, the imposition of a second bonus, and the lack of diversity in the General Labour Act as regards contracting schemes. The organizations indicate that article 49.III of the Political Constitution provides that the State shall protect labour stability, and that section 4, paragraph I(b), of Supreme Decree No. 28699 of 1 May 2006 provides that the employment relationship shall be governed by the principle of continuity, and this is why the longest possible duration is assigned to that relationship. They add that the system of labour stability and the reinstatement procedure governed by the aforementioned legislation is inconsistent with the provisions of section 13 of the General Labour Act and section 8 of its implementing regulations, which establish that when workers are dismissed for reasons beyond their control, employers are obliged to pay compensation and severance pay. The Government indicates in its reply that the changes in employment policy have contributed to the protection of workers’ rights and to achieving full employment. The Committee requests the Government to provide up-to-date information on the changes made in law and practice relating to the issues raised by the employers’ organizations, particularly on the application of the principle of labour stability in enterprises and their impact on full employment.

Labour market trends. Rates of employment, unemployment and visible underemployment. In its previous comments, the Committee asked the Government to provide information on progress made with regard to developing and implementing an active employment policy, and on the participation of the social partners in such implementation. The Committee notes the Government’s indication that up to the fourth quarter of 2016 the unemployment rate stood at 4.5 per cent. The Government reports the adoption of the “Economic and social development plan 2016–20”, in the context of the pillars of the Patriotic Agenda 2025. The Government also indicates that the Patriotic Agenda was the result of national consultations involving the participation of over 60,000 people through workshops, seminars and discussions with 338 municipalities. The Government adds that, as part of the aforementioned plan, a medium-range employment plan was adopted providing for the creation of some 600,000 jobs during its five-year duration. The Committee also notes the Government’s indication that, owing to the financial crisis affecting neighbouring countries, an emergency “Job creation plan” was adopted in May 2017, aimed at creating job opportunities and reducing the unemployment rate to 2.7 per cent. A number of measures have been adopted as part of that plan, such as: (i) the implementation of programmes to promote youth employment; (ii) the establishment of the “Seed capital fund”, which provides loans for micro and small enterprises; (iii) the adoption of the “Urban structure programme” and the “Programme for the protection and rehabilitation of productive areas”, which seek to create jobs by hiring individuals for public works construction projects; and (iv) the granting of a financial incentive to enterprises presenting proposals for the creation of a large number of jobs through public contracts. The Government refers to the implementation of the “Employment support programme”, whose main objective is to extend the coverage and effectiveness of active employment policies through improvements to the job placement system and the development of programmes that increase employability. In this respect, the Government indicates that from September 2012 to December 2016 a total of 18,846 jobseekers benefited from the “Employment support programme”. In addition, in 2016, the Public Employment and Vocational Guidance Service successfully implemented 19,225 job placements and provided training and vocational guidance for 2,814 job applicants. The Committee requests the Government to provide detailed, up-to-date information, including statistics disaggregated by sex and age, on the results achieved under the “Economic and social development plan 2016–20”, indicating in particular the rates of employment, unemployment and, if possible, visible underemployment.

Specific groups of socially vulnerable workers. The Government indicates that it has formulated active employment policies for socially vulnerable categories, particularly persons with disabilities. At the legislative level, the Committee notes that the Bill concerning labour market integration and economic support for persons with disabilities provides for the implementation of quotas in the public and private sectors (4 and 2 per cent, respectively) aimed at promoting entry into employment for persons with disabilities or their guardians (father, mother, spouse or legal guardian). The aforementioned Bill also provides for the payment of a monthly bonus in the event that the guardian of a person with a serious disability has been unable to benefit from the abovementioned employment programme. The Committee also notes that, in the context of the “Employment support programme”, job placement programmes were implemented with a view to improving the employability of persons with disabilities and/or their guardians. The Government indicates that 236 participants benefited from the “Employment support programme” in 2016 and that some 500 persons were estimated to have been beneficiaries in the second phase. As regards the victims of trafficking in persons, the Government indicates that section 24 of the Integrated Anti-Trafficking Act (No. 263 of 31 July 2012) provides that the Ministry of Labour, Employment and Social Welfare shall be obliged to arrange for the economic reintegration of victims. The Government indicates that the Directorate-General of Employment is formulating a policy with a view to their integration in the labour market, taking action in the area of prevention and with respect to the regulation of private employment agencies. The Committee requests the Government to continue providing information on the measures taken or contemplated for specific groups of socially vulnerable workers, and on the impact thereof.

Youth employment. The Government indicates that the National Constitution establishes the obligation for the State to ensure the integration of young persons in the labour market (articles 46–55 of the Constitution). The Committee notes that the Youth Act (No. 342 of 21 February 2013) provides that the State shall be obliged to create effective conditions for the entry of young persons into the labour market through job creation and the implementation of socio-economic policies. Moreover, the Education Act (No. 070 of 20 December 2010) establishes a system of vocational training. The Government indicates that one of the main objectives of the “Economic and social development plan 2016–20” regarding youth employment is to reduce the current unemployment rate for young persons in the 24–28 age group to 6.3 per cent. The Committee notes the adoption of an initial vocational training contract scheme (entitled “My first decent job”), which seeks to provide training for young persons on a low income in the 18–24 age group in various trades such as tailoring, industrial garment-making and construction of housing units. In this regard, the Government indicates that 1,367 young persons have benefited from the programme, of whom 56 per cent were women. The Government reports the adoption of a second contract scheme (entitled “Improving the employability and labour income of young persons”), which seeks to improve the employability of socially vulnerable young persons, in particular those who have not completed secondary education or who wish to establish and develop a microenterprise. The Committee requests the Government to provide detailed, up-to-date information, disaggregated by sex, on the results achieved by the measures taken to ensure entry into the labour market for young persons.

Informal economy and productive employment. The Government indicates that, in order to encourage the transition from informality to formality, the compulsory registration of employers and workers by size of enterprise has been reinforced. The Committee requests the Government to provide up-to-date information, disaggregated by sex and age, on the rate of informality in the country, and to provide detailed information on the measures taken to facilitate the transition of workers from the informal to the formal economy.

Microenterprises. The Committee once again requests the Government to provide information on the measures taken to improve the productivity and competitiveness of micro, small and medium-sized enterprises. It also requests the Government to provide information, including statistics, on the impact of such measures on the creation of jobs.

Cooperatives. The Committee once again requests the Government to provide information on the contribution of cooperatives to the creation of productive employment.

Coordination of education and vocational training policies with employment policy. The Committee once again requests the Government to provide detailed information on the coordination of education and vocational training policies with employment policy, and particularly on how the training opportunities provided by training institutes are coordinated with labour market demand for knowledge and skills.

Repetition

Article 2(1) of the Convention. Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age. In its previous comments, the Committee noted that the Ministry of Labour, Employment and Social Welfare was drafting a new Bill on occupational safety and health. The Committee notes the Government’s indication in its report that the Bill on occupational safety and health has not yet been adopted. Recalling that the Plurinational State of Bolivia ratified the Convention more than 30 years ago, the Committee requests the Government to take the necessary measures to ensure that the Bill on occupational safety and health is adopted as soon as possible in order to give effect to the provisions of the Convention. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. In its previous comments, the Committee noted the description by the Ministry of Labour, Employment and Social Welfare of the child labour inspection system (SITI), through which it will be possible to obtain information on the number of children and young persons working in the country. It noted that the inspection system is based on a standard questionnaire which seeks to evaluate the working conditions of these children and young persons and which is particularly concerned with the issue of the medical examination for fitness for employment. Noting the absence of information on this subject, the Committee requests the Government to provide information on the number of children and young persons covered by the Convention and extracts from the reports of the inspection services.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Repetition

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 31 August 2018, the Government’s report and the in-depth discussion on the application of the Convention by the Plurinational State of Bolivia that took place in the Committee on the Application of Standards at the 107th Session (June 2018) of the International Labour Conference.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

Article 2(1) of the Convention. Minimum age for admission to employment or work and labour inspection. In its previous comments, the Committee noted the observation made by the International Trade Union Confederation (ITUC) concerning the adoption by the Government of the new Code for Children and Young Persons of 17 July 2014, amending section 129 of the previous Code through the addition of section 129(II), which reduces, under exceptional circumstances, the minimum age for admission to work for children from 14 to 10 years for own-account workers, and reduces it to 12 years for children in an employment relationship. The ITUC observed that these exemptions from the minimum age of 14 years are incompatible with the exceptions to the minimum age authorized for light work established under Article 7(4) of the Convention, which does not authorize work by children under 12 years of age. The Committee also noted the ITUC’s statement that authorizing children to work from the age of 10 years would inevitably affect their compulsory schooling, which, in the Plurinational State of Bolivia, consists of a fixed period of 12 years, namely at least up to 16 years of age. The Committee also noted the joint observations of the IOE and the CEPB indicating that the high proportion of work in the informal economy (70 per cent) encourages child labour, since it is not subject to labour inspection, and that there is no child labour in the formal sector.

Also in its previous comments, the Committee deeply deplored the Government’s indication that the amendments made to section 129 of the Code for Children and Young Persons would remain in place as provisional measures. The Government indicated that the new exemptions from the minimum age of 14 years, as set out in section 129 of the Code, can only be registered and authorized on condition that the work done does not jeopardize the child’s right to education, health, dignity and general development. Furthermore, the Committee expressed deep concern at the distinction made between the minimum age fixed for own-account child workers (10 years), and the minimum age fixed for children engaged in an employment relationship (12 years). Lastly, the Committee noted that the Ministry of Labour, Employment and Social Welfare was giving effect to the Convention through integrated and inter-sectoral routine and complaint-based inspections conducted by the services for the protection of children and young persons in order to highlight cases involving work by children under 14 years of age.

Recalling that the objective of the Convention is to eliminate child labour and that it encourages the raising of the minimum age, but does not authorize its reduction once the minimum age has been set (14 years at the time of ratification of the Convention by the Plurinational State of Bolivia), and while duly noting the positive results of the economic and social policies implemented by the Government, the Committee urged the Government to repeal the provisions of the legislation setting the minimum age for admission to employment or work and to immediately prepare a new law, in consultation with the social partners, increasing the minimum age for admission to employment or work in conformity with the Convention. Lastly, the Committee observed the Government’s indication that there are 90 labour inspectors (four more than in 2012), and it asked the Government to provide the labour inspectorate with increased human and technical resources and training for inspectors with a view to ensuring a more effective application of the Convention.

The Committee notes that the Government representative drew the Conference Committee’s attention to Decision No. 0025/2017 of the Constitutional Court of 21 July 2017, which declared section 129(II) of the Code for Children and Young Persons and its related sections (130(III); 131(I), (III) and (IV); 133(III) and (IV); and 138(I)) to be unconstitutional. The Conference Committee noted that the Constitutional Court used Articles 1, 2 and 7 of the Convention as a reference point and the legal basis for its decision. In its conclusions, the Conference Committee urged the Government to adapt the national legislation, in consultation with the most representative employers’ and workers’ organizations, following the repeal of the provisions of the Code for Children and Young Persons by the Constitutional Court, in accordance with the Convention. The Conference Committee also urged the Government to provide the labour inspectorate with increased human, material and technical resources, in particular in the informal economy, in order to ensure the more effective application of the Convention in law and in practice.

The Committee notes the joint observations of the IOE and the CEPB, asking the Government to bridge the legal gap left by the Constitutional Court decision by amending the legislation to bring it into conformity with the Convention. The Committee notes with interest the Government’s indication in its report that, further to the decision of the Constitutional Court, the minimum age for access to employment or work established in section 129 of the Code for Children and Young Persons is 14 years, in conformity with the Convention. However, the Committee notes the Government’s indication that, since the decision of the Constitutional Court is binding, there is no need to revise the Code for Children and Young Persons since the provisions which are contrary to the Convention no longer have the force of law. Moreover, the Committee notes the Government’s indication that the number of labour inspectors has increased to 103 since 2017 and that the labour inspectorate used mobile offices in 2016–17 to carry out 1,874 inspections in connection with child labour and forced labour, of which 30 per cent were referred to the courts. While noting that section 129(II) of the Code for Children and Young Persons and its related sections have been declared unconstitutional by the Constitutional Court, the Committee also notes the importance in legal terms and in accordance with the ILO Constitution, of having the legislation being in conformity with the ratified Conventions. Accordingly, the Committee requests the Government, in consultation with the employers’ and workers’ organizations, to take all necessary steps to amend the Code for Children and Young Persons so as to fix the minimum age for access to employment or work at 14 years, in conformity with the Convention and the decision of the Constitutional Court in order to eliminate any confusion and thereby minimize the risk of non-compliance with the Convention. It requests the Government to send information on all progress made in this regard. The Committee also requests the Government to continue its efforts to strengthen the capacities of the labour inspectorate and to indicate the methods used to ensure that the protection provided for by the Convention is also afforded to children working in the informal economy.

Article 6. Apprenticeships. 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, and it reminded the Government that, under Article 6, the Convention does not apply to work done by persons at least 14 years of age in undertakings where such work is carried out as part of a course of education or a programme of training or vocational guidance. The Committee also noted the Government’s indication that labour inspectors were responsible for implementing measures to ensure that children under 14 years of age do not engage in apprenticeships. The Committee recognized that measures to reinforce the labour inspection services were essential to combat child labour, but noted that labour inspectors needed a basis in law consistent with the Convention to enable them to ensure that children are protected against conditions of work liable to jeopardize their health or development. It noted that, although the Government refers to Act No. 070 Avelino Siñani–Elizardo Pérez of 20 December 2010 which regulates the system of education and apprenticeships, this Act does not prescribe a minimum age for work as an apprentice.

The Committee notes once again with concern that the Government’s report still does not provide any new information on the steps taken to prohibit children under 14 years of age from engaging in apprenticeships. The Government merely indicates that sections 28–30 of the General Labour Act taken together with section 129 of the Code for Children and Young Persons fix the minimum age for apprenticeships at 14 years. However, the Committee notes that sections 28–30 of the General Labour Act do not prescribe the minimum age for signing an apprenticeship contract and do not make any reference to section 129 of the Code for Children and Young Persons. Recalling once again that it has been drawing the Government’s attention to this matter for over ten years, the Committee strongly urges the Government to take the necessary steps to harmonize the provisions of the national legislation with Article 6 of the Convention so as to fix without delay the minimum age for admission to employment or work at 14 years.

Article 7(1) and (4). Light work. The Committee previously noted that sections 132 and 133 of the Code for Children and Young Persons allow children between 10 and 18 years of age to perform light work, subject to the authorization of the competent authority, under conditions which limit their hours of work, do not endanger their life, health, safety or image, and do not interfere with their access to education. It recalled that under Article 7(1) and (4) of the Convention, the employment of persons in light work is permitted, under certain conditions, from 12 and not 10 years of age, and it therefore urged the Government to take the necessary steps to amend sections 132 and 133 of the Code for Children and Young Persons.

The Committee notes the Government’s indication that it does not consider it necessary to amend the legislation since Decision No. 0025/2017 of the Constitutional Court has invalidated the provisions of sections 132 and 133, which are contrary to the Convention. The Committee requests the Government, in consultation with the social partners concerned, in the light of the decision of the Constitutional Court, and the importance, in accordance with the ILO Constitution of having the legislation being in conformity with the ratified Conventions, to take the necessary steps to amend the Code for Children and Young Persons so that the age for admission to light work is fixed at no less than 12 years, in accordance with Article 7(1) and (4) of the Convention.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that, under section 138 of the Code for Children and Young Persons, registers for child workers are required in order to obtain authorization for work. The Committee observed that these registers include the authorization for children between 10 and 14 years of age to work. It also noted Decision No. 434/2016, which provides for the inclusion in a register of minors under 14 years of age who are engaged in work, and Decision No. 71/2016 created the Information System on Children and Young Persons (SINNA), which registers and contains information on the rights of the child, including information relating to children working on their own account or for a third party.

The Committee notes the Government’s indication that further to Decision No. 0025/2017 of the Constitutional Court declaring section 138(I) of the Code for Children and Young Persons unconstitutional, the SINNA system has been modified to enable the registration of young workers from the age of 14 and not 10 years. The Committee urges the Government, in consultation with the social partners, to take the necessary steps to amend the Code for Children and Young Persons so that, further to inclusion in the registers, only children who are at least 14 years of age may be permitted to work, in accordance with the Convention and the practice of the SINNA system.

The Committee reminds the Government that it may request technical assistance from the ILO in order to bring its law and practice into conformity with the Convention.

Repetition

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

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

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

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

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

1. Benzene Convention, 1971 (No. 136)

2. Asbestos Convention, 1986 (No. 162)

A. Protection against specific risks

1. Benzene Convention, 1971 (No. 136)

2. Asbestos Convention, 1986 (No. 162)

Repetition

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) received on 1 September 2017.

Articles 3(a) and 7(2)(a) and (b) of the Convention. Debt bondage and forced and compulsory labour in the sugar cane and Brazil nut harvesting industries, and effective and time-bound measures. Preventing children from being engaged in the worst forms of child labour and providing direct assistance for their removal from child labour and for their rehabilitation and social integration. In its previous comments, the Committee noted the prevalence and conditions of exploitation of children working in hazardous conditions in sugar cane and nut harvesting plantations. The Committee also noted the Government’s corporate incentives programme “Triple Sello”, under which the provision of certain benefits is conditional on the enterprise demonstrating that it does not practice any form of child labour, including in work related to the harvesting of nuts. The Committee noted that, based on the Plan of Action 2013–17 with UNICEF, a programme had been established in 17 Bolivian nut and sugar cane producing municipalities to provide education assistance to children, and that 3,400 children had been reintegrated into basic education.

The Committee notes the Government’s indication in its report that no cases of child labour have been identified in the sugar cane production sector. With regard to the nut production sector, the Government indicates that a tripartite agreement has been signed with the representatives of employers and their workers in the sector, including a clause prohibiting child labour. According to the Government, during the harvest period, labour inspectors undertake inspections to assess the conditions of work, and also keep a special record of cases of children working in the sector. The Government adds that these inspectors are empowered to impose penalties when they detect violations of labour rules. However, the Committee notes that the Government does not indicate the number of violations identified or the penalties imposed. It also notes with regret the absence of information on the effective and time-bound measures taken to prevent children becoming victims of debt bondage or forced labour. The Committee once again urges the Government to take effective and time-bound measures to prevent children from becoming victims of debt bondage or forced labour in the sugar cane and Brazil nut harvesting industries, and to remove child victims from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee once again requests the Government to explain the manner in which it ensures that persons using the labour of children under 18 years of age in the sugar cane and Brazil nut harvesting industries, under conditions of debt bondage or forced labour, are prosecuted and that effective and dissuasive sanctions are applied. The Committee requests the Government to indicate how the tripartite agreement signed in the nut production sector will concretely impact on child labour, and to provide a copy of the agreement.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work. Children working in mines. Effective and time-bound measures for prevention, assistance and removal. The Committee noted previously that over 3,800 children work in the tin, zinc, silver and gold mines in the country. It also noted the awareness-raising and educational measures and the economic alternatives offered to the families of children working in mines. The Committee noted that, according to the Government’s statistical data, only 8 per cent of the inspections carried out in mines found children under the age of 12 years working there. However, the Committee also noted that around 2,000 children were identified in 2013 in labour activities in traditional artisanal mines in the municipalities of Potosí and Oruro. The Committee further noted that 145 young persons below 18 years of age were found working in mines in Cerro Rico in June and July 2014. Finally, the Committee noted the Government’s indication that it intended to formulate a national policy for the eradication of child labour within the next two years.

The Committee notes the joint observations of the IOE and the CEPB that it is necessary for the Government to adopt a national plan for the eradication of child labour after consulting the social partners.

The Committee notes that, according to the Government, the Ministry of Labour has taken action directed at employers in the mining sector to discourage them from using child labour. The Government also refers to the establishment by the Ministry of Labour of Integrated Mobile Offices (Oficinas Móviles Integrales) in remote areas where the presence of the worst forms of child labour is suspected, including in mining areas. However, the Committee notes with regret that the national policy for the eradication of child labour has not yet been adopted. The Committee therefore requests the Government to take the necessary measures for the adoption in the very near future of the national policy for the eradication of child labour and to provide information on this subject. It also requests the Government to indicate the effectiveness of the action undertaken by Integrated Mobile Offices in preventing children from being engaged in hazardous work in mines, their removal from such work and their rehabilitation.

Article 5. Monitoring mechanisms and application in practice. The Committee previously noted the lack of resources of labour inspectors and the difficulties encountered in gaining access to plantations in the Chaco region. It also noted that the most recent information provided by the Government merely repeated the statistics provided previously indicating that only 5 per cent of the inspections carried out had identified children under 14 years of age engaged in work.

The Committee notes that, according to the Government, the labour inspectorate has six inspectors specialized in the progressive elimination of child labour. It adds that inspectors supervise labour standards relating to all fundamental rights. The Government adds that in remote areas where there are no Ministry of Labour offices, it has established Integrated Mobile Offices composed of labour inspectors with competence for the exhaustive supervision of the application of labour standards. The Committee notes that 265 inspections relating to child labour were carried out in 2015, all of which were undertaken by the Mobile Offices. The Committee also notes the Government’s indication in its report on the application of the Minimum Age Convention, 1973 (No. 138), that studies and analysis have been carried out of the situation of children working in domestic service, mines, on their own account, in sugar cane fields and those engaged in hazardous types of work, but it notes that the Government has not provided the findings of these studies. The Government indicates that the analyses in the studies are helping in the formulation of a plan of action which will be coordinated by municipal authorities and government departments. The Committee requests the Government to continue providing updated statistics on the results of routine and unscheduled inspections, including inspections carried out by inspectors specialized in child labour. It also requests the Government to ensure that these statistics clearly indicate the nature, scope and trends of the worst forms of child labour, particularly in the sugar cane and Brazil nut harvest, and in the mining sector. Finally, the Committee requests the Government to provide information on the adoption of the plan of action referred to above.

Repetition

Articles 3(a), 7(1) and 8 of the Convention. Worst forms of child labour, sanctions applied and international cooperation. Sale and trafficking of children. In its previous comments, the Committee noted the adoption of Framework Act No. 263 on the sale and trafficking of persons of 6 February 2012. It noted that, under section 27 of the Act, the Government will cooperate with other institutions to design and implement protocols at the national and international levels for the early detection of trafficking, with particular attention being given to children. Furthermore, under the terms of section 28(4), special attention will be given to child victims with a view to their social reintegration. The Committee noted that section 34 amended several provisions of the Penal Code, making the penalties more severe for cases of trafficking involving children.

The Committee notes the Government’s indication in its report that it has adopted the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), formulated under the auspices of the Inter-ministerial Council to Combat the Sale and Trafficking of Persons, which establishes specific measures for the coordination and implementation of an inter-institutional network of support and reintegration for victims. The Government indicates that the Plan includes two distinct policies: (i) promoting among the population attitudes and behaviour to prevent the crime of trafficking and smuggling; and (ii) protecting the rights of victims and vulnerable persons. The Government also refers to the Multi-sectoral Plan to Combat Trafficking and People Smuggling, within the framework of the Economic and Social Development Plan (PEDES), which includes action on prevention, supervision and punishment of perpetrators. The Committee notes the statistics provided by the Government on the number of complaints of trafficking, pornography and commercial sexual exploitation, but notes that the Government does not specify the number of cases involving victims under the age of 18 years. It also notes with interest the Act of 28 March 2016 ratifying the agreement between the Plurinational State of Bolivia and Argentina on the prevention and investigation of the crime of trafficking in persons and on assistance and protection for victims. It notes that this agreement is intended to reinforce coordinated and cooperative action to prevent and combat trafficking in persons, including children. The Committee requests the Government to provide information on the results achieved within the framework of the National Plan of Action to Combat the Sale and Trafficking of Persons (2015–16), the PEDES and the agreement with Argentina. It also requests the Government to provide statistics on the number and nature of the violations reported involving children under 18 years of age, and on investigations, prosecutions and convictions related to these violations.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Juancito Pinto programme for the distribution of school vouchers intended to cover the costs of schooling for children enrolled in primary education, but observed that the programme only covers children in primary school, in this respect, the Government provided limited information and confined itself to indicating that 2,545 Bolivian nationals benefited from the Juancito Pinto programme between 2006 and 2013, and that the overall school drop-out rate fell from 6.5 per cent in 2005 to 1.51 per cent in 2013. However, the Committee noted the Avelino Siñani-Elizardo Pérez Act No. 070 of 20 December 2010 and the Strategic Institutional Plan (PEI) to ensure that children have access to universal education, including initial and vocational education and the transition from primary to secondary school.

The Committee notes the Government’s indication that the Juancito Pinto programme has resulted in a decrease in school failure and that the drop-out rate was 2.2 per cent in 2016 for primary school and 4.9 per cent for secondary school. The Committee also notes the statistics provided by UNESCO according to which the net school enrolment rate in primary school fell from 90.11 per cent in 2013 to 88.48 per cent in 2015, and rose slightly for secondary school from 75.73 per cent in 2013 to 77.58 per cent in 2015. Noting the persistence of the gap between the school attendance rates in primary and secondary school, the Committee requests the Government to renew its efforts to improve the operation of the education system and to increase the rate of school attendance in primary and secondary education, including within the framework of the Juancito Pinto programme and the PEI. It requests the Government to continue providing information on the results achieved in this respect, including updated statistics on the attendance and drop-out rates in primary and secondary school.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted previously that the revised list of hazardous types of work under section 136 of the Code for Children and Young Persons of 17 July 2014 includes the work of street children and it requested the Government to indicate the manner in which the Code protects street children from the worst forms of child labour.

The Committee notes the Government’s indication that the transitional provisions of the Code for Children and Young Persons require autonomous departments and municipal authorities to implement prevention and support programmes for street children and young persons for the restitution of their fundamental rights. In this context, the Government indicates that, with the support of UNICEF and the coordination of the National Promotion Committee, a protocol has been developed for the prevention and support for street children and young persons. This protocol, intended for all public officials and employees of private institutions who are participating in prevention and support measures for street children, establishes a basic structure for the assistance and prevention network. The Committee welcomes the adoption of the protocol and requests the Government to provide information on its implementation and the specific results achieved in protecting street children from the worst forms of child labour.

2. Indigenous children. In its previous comments, the Committee noted the statistical information concerning the measures taken to restore the social and labour rights of Guarani children. However, it noted that these statistics did not include information on the programmes and legislative measures taken to assist Guarani children. The Committee noted that the Plan of Action 2013–17 with UNICEF had the objective of providing specific attention to the children of indigenous peoples, including through the development of strategic policies, education and vocational programmes in indigenous languages and collaboration with indigenous groups and children.

The Committee notes with regret that the Government’s report does not reply to these earlier comments. The Committee once again reminds the Government that the children of indigenous peoples are often victims of exploitation, and requests it to intensify its efforts to protect these children from the worst forms of child labour, including in cooperation with UNICEF. It once again requests the Government to provide information on the measures adopted to prevent these children from becoming involved in situations of debt bondage or forced labour and from being recruited to carry out hazardous work in mines.