CMNT_TITLE

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

Other comments on C138

Observation

Direct Request

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Article 2(1) of the Convention. Scope of application. The Committee previously noted that work done by children on their own account in commercial activities, shoe cleaning, car cleaning and as vendors in public transport are excluded from the scope of the legislation giving effect to the Convention. The Government indicated in this respect that the labour inspection services have been reinforced and that four labour inspectors received training on child labour. The Committee requested the Government to take the necessary measures to ensure the protection afforded by the Convention to children under 14 years of age who work on their own account.

The Committee nevertheless notes that the Government’s report does not provide information on this matter. Recalling that, under the terms of Article 2(1) of the Convention, no person under a specified minimum age, namely 14 years, shall be admitted to employment or work in any occupation, the Committee once again requests the Government to take the necessary measures to ensure the protection envisaged by the Convention for children working on their own account or in the informal sector, particularly by reinforcing the capacities of the labour inspection services. In this respect, the Committee encourages the Government to envisage the possibility of entrusting labour inspectors with specific competence in relation to children working on their own account or in the informal sector.

Article 2(3). Age of completion of compulsory education. Following its previous comments, the Committee notes the adoption of Act No. 070 of 20 December 2010 on education, which provides in section 1(8) that education is compulsory up to the baccalaureate. The Committee observes that, under the terms of this Act, the age of completion of compulsory education is now 17 years, while the minimum age for admission to employment or work specified by the country when ratifying the Convention is 14 years. It observes that there is therefore a significant difference between these two ages. The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If the age at which children may legally work is lower than the age of completion of compulsory schooling, then children from poor families may be tempted to drop out of school so that they can work to earn their living. The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory schooling. Observing that the minimum age for admission to employment is lower than the age of completion of compulsory schooling, the Committee encourages the Government to envisage taking measures to progressively raise the minimum age for admission to employment or work to bring it closer to the age of completion of compulsory schooling.