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 1 of the Convention. National policy and application in practice. In its previous comments, the Committee noted with concern that, according to a national report published by ILO–IPEC, 437,000 children under 14 years of age were engaged in hazardous work. It also noted that the final evaluations of the National Plan for the Gradual Elimination of Child Labour (2000–10) and of the Three-year Plan (2006–08) were being carried out and that the Government envisaged formulating a new five-year plan based on the results of this evaluation.

The Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Provision is formulating a public policy concerning the progressive eradication of the worst forms of child labour. The Government indicates that this policy will comply with the Government’s Plan as well as the Patriotic Agenda 2025 to eradicate extreme poverty in families. The Committee also notes the 2015–20 national plan entitled Working Together to Live Well (Juntos Vamos Bien Para Vivir Bien), which highlights the importance of children’s integral development and the establishment of children’s centres through national and subnational levels of cooperation. Finally, the Committee notes the 2013–17 Plan of Action with UNICEF which includes among its objectives the implementation of a national plan for children.

While noting this information, the Committee notes with regret that the Government has not formulated a new national plan which specifically addresses the conditions of children who are economically active, but instead has placed general protections for children within broader programmatic measures to tackle national poverty. The Committee notes, in this respect, the Government’s 2012 statistical information that approximately 83,261 children aged 7–13 years (5.63 per cent) are engaged in work. The Committee further notes the Government’s indication that 34 per cent of those children work in rural areas, where child labour is considered customary. The Committee urges the Government to take measures to implement a national plan of action for children to ensure the progressive elimination of all forms of child labour, and not just its worst forms, paying particular attention to children living in rural areas and engaged in hazardous types of work. Furthermore, the Committee requests the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children under 14 years of age, extracts of inspection reports including, for example, statistics on children’s occupational accidents, disease and death, and data on the number and nature of contraventions reported.

Article 3(2). Determination of hazardous work. The Committee notes the revised list of hazardous work under section 136 of the Children’s and Adolescents’ Code of 17 July 2014, as well as the Government’s statement that children under the age of 18 years are prohibited from working in the activities contained in the list. Noting that the list of hazardous work under section 136 of the Children’s and Adolescents’ Code of 17 July 2014 does not contain a minimum age requirement, the Committee requests the Government to indicate which provision in its national legislation prohibits children under the age of 18 years from engaging in hazardous work.

Article 6. 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, and 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 guidance. The Committee also noted the Government’s indication that labour inspectors are responsible for implementing measures to ensure that children under 14 years of age are not engaged in apprenticeships. The Committee acknowledged that measures to reinforce the labour inspection services are essential to combat child labour, but noted that labour inspectors need 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.

The Committee notes with regret the limited information provided by the Government concerning any measures taken to prohibit children under 14 years of age from working as apprentices. In this respect, the Committee notes that, while the Government refers to Act No. 070 “Avelino Siñani-Elizardo Pérez” of 20 December 2010 which regulates the system of education and apprenticeship, this Act does not contain a minimum age for apprentices to work. The Government also reiterates that the responsible authorities will ensure that children under 14 years are not engaged in apprenticeships. Recalling that it has been drawing the Government’s attention to this issue for over a decade, the Committee urges the Government to take the necessary measures to bring the provisions of the national legislation into conformity with Article 6 of the Convention by establishing a minimum age for admission to apprenticeship of at least 14 years without further delay.

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]