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Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Bolivia (Plurinational State of) (RATIFICATION: 1977)

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The Government communicated the following information:

The Government underlines that the process of applying this Convention began in 1983 and 1984 when Supreme Decrees Nos. 19524 and 20255 were respectively adopted. These decrees brought sugar-cane and cotton harvest workers within the scope of the General Labour Act and its Regulatory Decree. Since 1992, ten extra civil servants have been incorporated into the inspection service in the country. This will help the inspection services for the mountainous rural zones in the valley and the tropical region which consists of the large rural spaces of the country. Furthermore, the national population and housing census to be carried out on 3 June 1992 will enable the Government and the public and private institutions to obtain, once the statistics have been analysed, quantatively accurate reports on the existence, placement and functioning of agricultural undertakings as defined in Article 1, paragraph 1, of this Convention, as well as on the distinction which separates agriculture from industry and commerce referred to in paragraph 2 of this Article. Moreover, the census will make it possible to determine, with more elements to judge, the human, social and economic components, among others, necessary to establish a well-structured system of labour inspection in the agricultural sector.

In addition, see the discussion under Convention No. 81, as follows:

The Government communicated the following information:

Article 5 of the Convention. In order to give effect to this Article, the Government established the policy of maintaining ongoing dialogue and consultation with the employers' and workers' organisations in the country. Furthermore, in order to encourage and spread the role to be played by the national inspection services, the following events and actions will be planned and carried out with the cooperation of the Latin American Labour Administration Centre based in Lima, Peru (CIAT):

(a) A seminar on inspection was organised with the participation of three experts from the ILO and was attended by inspectors from all over the country. This seminar dealt with the following themes: labour legislation, inspection procedures and forms, conciliation, mediation, arbitration and an analysis of inspection in Bolivia. The results were excellent and it was made clear that an inspector must have a wide perspective on labour relations in the present ever-changing society and economy.

(b) Along the same lines, a seminar on occupational safety and health was held for inspectors of the relevant division, and trade union leaders concerning the means of prevention and control of occupational accidents, and on working conditions in industrial establishments.

(c) A national awareness campaign was undertaken throughout the country on television, radio and the newspapers concerning occupational safety and health. Moreover, the General Occupational Safety and Health Act was published and 14 safety posters were provided to labour centres.

(d) Intense consultation has taken place systematically with respect to conciliation in order to resolve the numerous problems which have resulted from the crisis. This has had the best results at all levels, beginning with labour inspectors, the general inspectorate, the general management, the Under-Secretary for Labour, up to the Minister's office.

Article 6. First, it should be noted that the Labour Inspectorate Regulations, approved by Ministerial Resolution No. 346/87, have entered fully into force. These regulations, therefore, guarantee stability of employment for staff who serve in this operative unit. Proof of this is that no inspector has been removed in the last three years.

Furthermore, the total number of inspectors has increased from 63 in 1991 to 73 in 1992, of which six belong to the Occupational Safety, Health and Welfare Inspection Service. Of this total, ten inspectors have recently been created in the following districts:

1. Monteagudo Department of Chuquisaca

2. Mineros Department of Santa Cruz

3. Montero Department of Santa Cruz

4. Ibirgazama Department of Cochabamba

5. Colagaita Department of Potosi

6. Bermejo Department of Tarija

7. Positos Department of Tarija

8. Villamontes Department of Tarija

9. Sorata Department of La Paz

10. Itinerant Inspector Tupiza, Potosi

Articles 10, 11, 16, 20 and 21. The wages of the inspection staff in each administrative section were also increased, according to the economic possibilities of the National General Treasury, in the following amount and percentage:

1990

From Bs.131-210 60.31 per cent

1991

From January to July:

From Bs.210-235 11.90 per cent

From August to December:

From Bs.235-242 2.98 per cent

1992

From Bs.242-263 8.68 per cent

Presently, the working conditions are unsurpassable with respect to physical space, equipment, lighting, cleanliness and other aspects, as compared with conditions three years ago.

Article 16. This article is fully applied since inspectors carry out their visits under the same terms as the Convention and as often as necessary.

With respect to the annual reports referred to in Articles 20 and 21, their publication and distribution will take place in the next months due to the new mechanisms which are being organised in the Ministry.

In addition, a Government representative, the Minister of Labour, stated that contrary to what was indicated by the Committee of Experts, regulations on labour inspection were in force in his country since 1987. In the last three years, the administrative problems encountered in the area of labour administration had been overcome with a contribution from a national seminar organised with the technical assistance of the ILO on the training of labour inspectors (1991). There was progress made in ensuring the professional status and continuity of the labour inspectors (the Government will be asking for ILO technical assistance on this point). With regard to the areas covered by inspection, new districts had been created covering not only capital cities but also agricultural areas (these did not exist before due to the absence of enterprises and the obsolete methods of production in these areas). In the major districts the number of inspectors grew by 50 per cent as compared to the figures in 1990 and between 1990 and 1992. The salaries of the inspectors increased by 100 per cent and they now have permanent status in their jobs.

The Workers' members stressed the importance that was attached by the Committee to labour inspection, because without an adequate labour inspection service many legislative provisions could not be implemented. An adequate labour inspection service that was reasonably well paid, well trained and provided stable employment was essential. They noted with interest that the number of inspectors had increased, and that in ten districts wages had been increased substantially. In reference to the information requested in the Committee of Experts' report, they stated that they had failed to fully understand the responses given. In particular, they referred to Articles 5, 6, 10, 20 and 21. They asked the Government member to reply to the point raised by the Committee in respect of Article 5, regarding the importance of the collaboration between officials of the labour inspectorate and employers and workers of their organisations. In their view, great importance should be attached to the question of stability of employment and independence of inspectors (Article 6). They noted, however, that the Government's report contradicted information given at the 1990 Conference regarding certain regulations; the Workers' members wished to know whether or not these regulations had actually entered into force. They also requested information about a further point raised in the Committee of Experts' report concerning publication of annual inspection reports. They emphasised that it was not useful for inspectors to make inspections without producing reports that might be seen by everyone, and then the government providing periodic published reports to the ILO, which could ensure that this work was being carried out in a satisfactory manner.

The Employers' members maintained that the Government representative seemed to be aware of the significance of inspection, and that the Government had already accomplished much in this area and was prepared to make further efforts. However, they noted that no precise answers were given to specific issues dealt with in the Committee of Experts' report. Interest was expressed in clarification of several matters raised in the Committee of Experts' report. Firstly, they wished to have information about coordination between the different supervisory or inspection bodies, in relation to Article 5. Secondly, they wished to know whether the labour inspectorate regulations that for administrative reasons had not been implemented were now in force. Thirdly, they raised the matter of the publication of inspection reports, which were necessary for an overall view by the ILO and the Government of the situation. In order for the Govenment to take measures, it had to have complete data and facts; inspection reports were a excellent basis for such information. In addition, they asked for information on the application of Convention No. 129, and a reaction to the comment in the Experts' report that the Government thought that it was neither appropriate nor practical in the agricultural sector to organise labour inspection. They emphasised that the Government had ratified Convention No. 129 in 1977 and should be able to take relevant measures for its application.

The Government representative reiterated that his Government intended to take into account the comments of the ILO in order to improve its activities and to apply the Conventions. He emphasised that it was more important to observe that a country had taken necessary measures in order to ensure the application of the Conventions themselves. The principle of coordination of inspection services with other government services, and inspection officials with employers and workers and their organisation, as provided for in Article 5 of Convention No. 81, was fully respected not only because the Convention required it but also because it was indispensable in practice. In reference to Article 6 of the same Convention on stability in employment of inspection staff, he indicated that the regulations previously referred to guaranteed such stability and that for the past three years no inspector had been dismissed, except on the basis of performance. In respect of Article 10 concerning the number of inspectors, he indicated that this number had doubled since 1990. He also referred to the Article concerning the means which it was necessary to provide to inspectors for the carrying out of their duties, and stated that in 1990 inspectors were working under minimal conditions. Since that time, the physical space in which they worked had been quadrupled, and remuneration and expenses had been increased, as the Government wanted inspectors to be able to fulfil their tasks, thus guaranteeing respect for the rights of workers. His Government had a special interest in the application of these principles, as it was aware that inspection was the instrument that permitted it to ensure respect for the Conventions. In respect of the annual report on inspection services referred to in Article 21, he pointed out the difficulties which had been encountered in publishing this report, and requested the assistance of the ILO for the purpose of improving this situation. In response to the question regarding the Inspectorate Regulations, he stated that it was in force.

The Workers' members stated that it was still not clear to them whether the Government's report was intended to include the application of Convention No. 129. Some signs of progress had been noted concerning sugar-cane and cotton harvest workers, but agriculture as a whole still did not appear to be included, according to the Experts' report.

The Government representative, in referring to Convention No. 129, stated that in the past labour legislation had excluded the country's agricultural sector. This sector was incorporated within the scope of the application of the General Labour Code pursuant to Decree No. 20255. This created the necessity for inspection in the agricultural sector, and in this sense the demand of the ILO coincided with the decision of the Government, two years ago, to establish inspection in the agricultural sector. He stated that of the ten inspectorates established, eight were in the agricultural sector. Moreover, given the particular situation of this sector and in order to permit a better understanding of social legislation, a plan for diffusion by means of posters had been put into practice, which would permit a better understanding of such laws.

The Committee took note of the information supplied by the Government representative on the points raised in the report of the Committee of Experts. The Committee was under the impression that progress had been made, but requested the Government, in view of the fact that two different Conventions were involved, to send in the near future a detailed report to the ILO concerning the questions raised.

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Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in the same comment.
Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comment on the adoption of a new General Labour Act, the Committee notes the Government’s indication that: (i) the draft bill is still at the stage of being evaluated by the interested sectors; (ii) the Act on the special procedure for the restitution of labour rights, which enables the State to provide better protection for workers’ rights, came into force on 2 November 2022; and (iii) the drafts of the new Labour Inspection Regulations and the related Ministerial Decision are at the approval stage with a view to subsequent dissemination and implementation. The Committee requests the Government to continue providing information on any developments related to the adoption of the new General Labour Act and the new Labour Inspection Regulations.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comment, the Committee notes the Government’s indication that the duties of labour inspectors relating to complaint handling, verifications and hearings, inter alia, are not in contradiction with their duties relating to worker protection. The Committee requests the Government to provide information on the proportion of time and resources which labour inspectors dedicate to the primary duties that they perform under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, in comparison with other duties that may be assigned to them under Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.
Article 5 of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comment, the Committee notes the Government’s indication that: (i) in order to ensure comprehensive inspections, cooperation takes place among various government institutions, such as the Ombuds Office, the National Institute for Agrarian Reform (INRA) and the Plurinational Council against Trafficking in Persons; and (ii) the workers and a member of the joint committee must be present at the time of an inspection and all inspections are conducted in coordination with the workers’ organizations. The Committee notes this information, which responds to its previous request.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors are trained to carry out technical and labour inspections and receive ongoing training through workshops and meetings at the national level. The Government gives various examples of the training which was given to inspectors in 2021, including in the area of occupational safety and health. The Committee requests the Government to indicate the manner in which the new Labour Inspection Regulations will ensure the collaboration of duly qualified technical experts and specialists for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers, in accordance with Article 9 of Convention No. 81 and Article 11 of Convention No. 129.
Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. With reference to its previous comment, the Committee notes the Government’s indication that in 2021–22 there was a total of 99 inspectors spread over nine departmental labour offices and 16 regional labour offices, in addition to the Fundamental Rights Unit. The Government explains that during 2021 five inspectors were incorporated into the services of the integrated inspectorates (child labour, forced labour, trafficking in persons). However, the Committee observes that in May 2016 the inspection services had 107 inspectors. The Committee requests the Government to provide information on the reason for the decrease in the number of inspectors and whether it is planned to increase their number.
Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors have been provided with electronic equipment using an application which enables online completion of inspection forms and streamlining of formalities. While noting this information, the Committee once again requests the Government to indicate whether inspectors have duly equipped offices.
Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comment, the Committee notes the Government’s indication that the Labour Inspection Regulations in force specify seven cases of obstruction of labour inspection and that obstruction is penalized in terms of the number of infringements. The Government adds that cases of obstruction and violations of labour rights are referred to the labour and social security judge in the competent court. The Committee once again requests the Government to provide information on the number of complaints for obstruction of labour inspection, as well as the penalties effectively applied in these cases and for violations of the legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. With reference to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security publishes each year the initial accounts hearing, which presents the programmes and tasks planned by the ministry for the respective year, and the final accounts hearing, which presents the results achieved at the end of the year. The Committee notes that the final accounts hearings for 2021 and 2022 do not provide any information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. With reference to its general observation of 2010 on Convention No. 81, the Committee recalls that when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee once again requests the Government to take all necessary steps to ensure that information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129 is published in an annual report on the work of the labour inspection services and that this report is transmitted to the ILO each year, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. With reference to its previous comment, the Committee notes the Government’s indication that, in accordance with section 6 of Technical Safety Standard NTS-009/18 concerning the presentation and approval of occupational safety and health (OSH) programmes, an enterprise which presents an OSH programme must provide a detailed explanation of the production process (machinery, materials and/or raw materials which are used in the process). The drawing up of this document must be validated by a professional or technician accredited in the National Register of Occupational Safety, Health and Medicine Professionals and Technicians, and the approval of the OSH programme is the responsibility of the Department of Occupational Safety and Health. The Committee notes this information, which responds to its previous request.

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In order to provide a comprehensive view of the issues relating to the application of the ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee notes the information provided in the Government’s report in reply to its previous comments on: Article 3(1)(b) of Convention No. 81 (technical information and advice); Article 3(2) of Convention No. 81 (primary duties and other duties); Articles 6 and 7(1) and (2) of Convention No. 81 and Article 8 of Convention No. 129 (conditions of service; recruitment); Article 7(3) of Convention No. 81 and Article 9 of Convention No. 129 (training); Article 11(2) of Convention No. 81 (reimbursement of travel expenses); Article 12 of Convention No. 81 (inspections without prior notice); Article 13 of Convention No. 81 and Articles 22 and 23 of Convention No. 129 (powers of injunction); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (information on industrial accidents and cases of occupational diseases); and Article 16 of Convention No. 81 and Article 21 of Convention No. 129 (inspection visits).
Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comments on the adoption of the new General Labour Act, the Committee notes the Government’s indication that the preliminary draft is being evaluated by the sectors concerned. The Government also indicates that, in 2016, the draft of the new Inspection Regulations was put forward, with the participation of all of the stakeholders involved, and that it is awaiting adoption by a Ministerial Decision. The Committee requests the Government to continue to provide information on the adoption of the new General Labour Act and on the updating of the Inspection Regulations.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comments on the primary duties and other duties of labour inspectors, the Committee notes the Government’s indication that, if a collective dispute between employers and workers is not resolved, an administrative procedure must be initiated, which starts with a list of claims being referred to the labour inspector. The Government adds that the Departmental or Regional Labour Chief may assign labour inspectors other duties, such as: verification of strikes; verification of reinstatement in employment; drafting of reports required by the legislative body; verification of occupational safety and health and welfare plans; investigation of industrial accidents; organization of hearings to settle individual labour disputes between workers and employers; and verification of the content of employment contracts and work certificates. While noting this information, and particularly the fact that the Departmental or Regional Labour Chief may assign labour inspectors other duties, the Committee requests the Government to ensure that any other duties assigned to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.
Article 5 of Convention No. 81 and Article 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comments on the exchange of information and improved institutional collaboration, the Committee notes the Government’s indication that, in 2016, the Ministry of Labour, Employment and Social Welfare (MTEPS) held coordination meetings with the Government Agency for Electronics and Information and Communication Technologies (AGETIC), which is a unit within the Office of the President, with the aim of signing an inter-institutional cooperation agreement to optimize the management of information on the registration of enterprises and provide the population with access to services in a simple manner. The Committee requests the Government to pursue its efforts to promote: (a) effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities; and (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee requests the Government to continue to provide information on the progress made in this regard.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comments on the involvement of specialized technicians and experts in inspections, the Committee notes the Government’s indication that: (a) inspectors are specialized staff who have the required profile and who receive continuous training from the MTEPS; (b) inspectors work under the specialized supervision of the General Directorate of Labour and Occupational Safety and Health and other institutions in the occupational safety, health and welfare system; (c) inspections are carried out in collaboration with various institutions when their presence is required (section 7 of the Labour Inspection Regulations); and (d) inspectors request studies which may be carried out by the National Institute of Occupational Safety (INSO). With regard to collaboration with other institutions, the Government indicates that the preliminary draft of the new Regulations provides for the possibility to collaborate with other competent public institutions, including: public bodies responsible for managing social security; the Offices of Defenders of Children and Young Persons; municipal authorities and services; INSO; the General Directorate of Migration; the General Directorate for the Prevention of Human Smuggling and Trafficking; the National Agricultural Health and Food Safety Service (SENASAG); and the Bolivian police, among others. The Committee requests the Government to continue to provide information on the updating of the Inspection Regulations to guarantee the collaboration of duly qualified technical experts and specialists to ensure compliance with the legal provisions on the protection of the safety and health of workers while engaged in their work, and investigate the effects of the procedures employed, the materials used and working methods on the safety and health of workers, in accordance with Article 9 of Convention No. 81.
Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. In its previous comments, the Committee noted the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) on the insufficient number of inspectors. The Committee notes the Government’s indication that, in May 2016, the staff of the MTEPS consisted of 107 inspectors (including: nine departmental labour chiefs; 16 regional labour chiefs; and three inspection officials in La Paz, Cochabamba and Santa Cruz). The Committee notes that the total number of labour inspectors, which amounted to 86 in 2015, increased by 21 in 2016. The Committee requests the Government to indicate whether it intends to continue to increase the number of inspectors, with the aim of securing the effective discharge of the duties of the inspection services.
Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comments on the material resources of the labour inspectorate, the Committee notes the Government’s indication that it recently funded the purchase of new equipment. A project has also been launched to give inspectors mobile cellular devices with an application enabling them to complete inspection forms online. This would allow data to be collected instantly and in real time, thus expediting procedures and reducing the workload involved in the preparation of reports. The Committee requests the Government to continue to provide information on the material resources available to the inspectorate, and particularly whether inspectors have properly equipped offices.
Article 11(1)(b) and (2) of Convention No. 81 and Article 15(1)(b) and (2) of Convention No. 129. Reimbursement of travel expenses. With reference to its previous comments on the reimbursement of travel expenses, the Committee notes with interest the Government’s indication that, in 2015, the MTEPS adopted, through Ministerial Resolution No. 714/2015, the new regulations on travel, and travel and representation expenses; with the aim of regulating the process for applying for, allocating, justifying and reimbursing travel expenses; and travel and representation expenses for journeys made within and/or outside the country by dependent public servants, occasional staff and consultants.
Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comments on an analysis of the situation regarding penalties, the Committee notes the Government’s indication that the judicial authority determines the fine to be paid by employers to the account of the MTEPS, in accordance with sections 222–240 of the Code of Labour Procedure. The Government adds that, in the event of failure to provide the documentation requested during a labour inspection (payroll and industrial accident records), a recommendation for a fine is issued based on the scale approved by Ministerial Resolution No. 855/2014. The Government indicates that, in 2015, 560 complaints were referred to the courts. With regard to its previous comments on the application of adequate penalties for cases in which labour inspectors have been prevented from discharging their duties, the Committee notes that sections 12 and 13 of the Labour Inspection Regulations establish the measures that inspectors may take in the event of obstruction of their work, and provide for the possibility of lodging a complaint with the competent authority. The Committee requests the Government to provide information on the number of complaints filed with the competent authority concerning the obstruction of labour inspection duties, and the penalties effectively applied in these cases and in cases of violation of legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. In its previous comment, the Committee requested the Government to adopt measures to give effect to Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes the Government’s indication that the information on management data is disseminated through the public reporting of accounts. The Committee notes that the Government provides information on: the legislation relating to the duties of the labour inspection services; the staff of the labour inspection service (107 inspectors in 2016 and 86 in 2015); statistics on labour inspections (1,215 in 2015, 1,429 in 2014 and 1,299 in 2013, and technical inspections: 529 in 2015, 803 in 2014 and 443 in 2013), (Article 21(a), (b) and (d) of Convention No. 81 and Article 27(a), (b) and (d) of Convention No. 129). However, the Government does not provide statistics of the violations detected and the penalties imposed, and only provides statistics of industrial accidents and occupational diseases that cover the Departmental Labour Office for La Paz (Article 21(e), (f) and (g) of Convention No. 81 and Article 27(e), (f) and (g) of Convention No. 129). The Committee also notes that, while the Government provides information on the Mandatory Employer Registry, it does not provide any statistical information on the workplaces liable to inspection and the number of workers employed in such workplaces (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129). The Committee requests the Government to make every effort to ensure the publication of the information referred to in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129 in the annual report on the activities of the labour inspection services, and the submission of the report to the ILO each year, in accordance with Articles 20 and 26 of Conventions Nos 81 and 129 respectively.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. The Committee once again requests the Government to provide information on the association of the labour inspection services in agriculture in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 6(1)(a) and (3), 22 and 23 of the Convention. Supervision and treatment of infringements. The Committee requested the Government to provide information on the outcome of the activities carried out from October to December 2010 within the context of the Programme to build institutional capacity in the regions of Alto Parapeti-Camiri (Santa Cruz), Carapi-Yacuiba (Tarija), Chaco and Trinidad-Beni in the Amazon region, implemented within the framework of the Swiss cooperation strategy and seeking to promote the eradication of bonded labour, forced labour and similar forms of labour inflicted on indigenous workers and vulnerable groups. According to the Government, all cases in which complaints were made were resolved through conciliation, without the need for legal action. The Committee would be grateful if the Government would describe the role played by labour inspectors in the conciliation procedures referred to above. It also requests the Government to indicate the legal provisions which give effect to Article 22 of the Convention, under which persons who violate or neglect to observe legal provisions enforceable by labour inspectors in agriculture shall be liable to prompt legal or administrative proceedings without prior warning (Article 22(1)), and whether inspectors are free to take the decisions given to them in Article 22(2), under which it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee also requests the Government to provide information on the supervision duties performed by labour inspectors in agricultural undertakings during the period covered by the Government’s next report, on the infringements recorded (indicating the legal provisions breached) and on proceedings instituted by labour inspectors or by the competent authority and their outcomes.
Articles 8 and 14. Status and conditions of service of labour inspection staff and numbers of labour inspectors in agriculture. The Government indicates that staff numbers in the labour inspection offices of Yacuiba, Charagua, Caraparí, Macharetí, Entre Ríos and Huacaretá were increased between 2007 and 2009 in the framework of the Inter-Ministerial Transition Plan for the Guaraní people, that the Programme to build institutional capacity (FORDECAPI), of the Swiss Agency for Development and Cooperation (SDC), assisted in recruiting four consultants for the Chaco and Amazon regions and that, through UNICEF cooperation, two consultants were recruited to support sugar-cane and brazil nut harvesting. The Committee notes the table provided with the Government’s report showing that 25 labour inspectors are distributed across 14 regions. The Committee refers the Government to the comments it is making under Articles 3(1) and 10 of the Labour Inspection Convention, 1947 (No. 81), and requests it to specify the number of labour inspectors serving in the agricultural sector. It also requests the Government to provide information on the status and conditions of service of the abovementioned consultants and to specify whether they continue to support inspection activities in the fields mentioned.
Article 9(3). Adequate training of labour inspectors in agriculture. The Government indicates that, despite budgetary limitations and high staff turnover, labour inspectors regularly receive training on current labour legislation by the General Directorate of Labour and Occupational Safety and Health and, with support from international organizations such as the ILO, UNICEF and the Trade Union Development Cooperation Institute (ISCOD), on themes such as the abolition of child labour, HIV/AIDS prevention, the abolition of forced labour, etc. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate initial and further training in the course of their employment, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. The Committee therefore requests the Government to indicate the measures taken to ensure that labour inspectors performing their duties in agricultural undertakings receive initial and further training in the course of their employment that takes into account the specific characteristics of work in agricultural undertakings, specifying the length of the training courses, the number of inspectors participating in them and the topics addressed. The Committee also refers the Government to its comments above on Articles 6(1)(a) and (3), 22 and 23 of the Convention, and requests it to indicate whether measures have been taken or are envisaged to provide training sessions on conflict management for labour inspectors, including for those who inspect agricultural undertakings.
Article 13. Collaboration between officials of the labour inspectorate in agriculture, and employers and workers. The Government indicates that it regularly meets with employers and workers and that tripartite meetings in the rural sector are being encouraged in the search for an agreement between the Government, employers and workers. The Government also indicates the use of the labels “without child labour”, “without forced labour” and “without discrimination” in sugar production in the north of Santa Cruz and brazil nut production in the Riberalta and Pando regions. The Committee would be grateful if the Government would provide information on the subject areas discussed in the tripartite meetings to which it refers in its report. It also requests the Government to provide detailed information on the inspection of agricultural undertakings that are certified as mentioned above, describing how such inspection affects the achievement of the objective of the Convention (to enforce the legal provisions regarding working conditions and protection of workers).
Article 17. Association of labour inspection services in preventive control in agricultural undertakings. Replying to the Committee’s previous comments, the Government indicates that the competent authorities for the review and approval of plans and alterations for any new buildings and plans for any major alterations or repairs in workplaces, dealt with in section 60 of the Occupational Safety and Health and Welfare Act, are the autonomous municipal governments of the departments and regions, within their respective jurisdictions. The Committee notes that labour inspection does not appear to be associated in any way with this supervisory work. The Committee therefore requests the Government to take the necessary measures to define the cases and conditions in which the labour inspection services in agriculture shall be associated in the preventive control of new plants, new substances and new methods of handling or processing products, which appear likely to constitute a threat to health or safety. It requests the Government to provide copies of any relevant documents, and once again asks it to provide copies of texts implementing sections 60 and 19(5) of the above Act.
Articles 18, 19 and 27(d) and (e). Monitoring of safety and health at work, notifying the labour inspectorate of occupational accidents and cases of occupational disease occurring in the agricultural sector, and participation of labour inspectors in inquiries into the most serious occupational accidents or occupational diseases. The Committee requested the Government to provide specific statistical information on: (i) inspection activities relating to the health and safety of workers in the agricultural sector; (ii) the measures that labour inspectors have ordered or have had ordered in the sector under Article 18(2)(a) and (b); and (iii) any other measure adopted by the labour inspectorate in agriculture with a view to preventing the occurrence of further occupational accidents and the emergence of new cases of occupational diseases. The Committee notes the Government’s statement that no information is available on the inspection activities relating to occupational safety and health in agriculture. The Committee requests the Government to take the necessary measures without delay to ensure that statistics on inspection activities in occupational safety and health in agriculture; the results of these activities (reports of law infringements and defects); and the penalties imposed are compiled and included in the annual inspection report. The Committee also once again requests the Government to specify the measures adopted to give effect, in law and in practice, to Article 19(2) of the Convention which provides that, as far as possible, labour inspectors shall be associated with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences.
Articles 26 and 27. Annual report on labour inspection activity in agriculture. Referring in this connection to its observation under Convention No. 81, the Committee hopes that the measures adopted will be put to use to facilitate the preparation by the local inspection offices of the periodical reports on their activities in agricultural undertakings as required by Article 25, that these reports will enable the central inspection authority to publish and transmit to the ILO, in accordance with Article 26, an annual report either as a separate report on activities in agriculture or as part of its general annual report, and that it will contain the information set out in Article 27.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Articles 6(1) and (2), 12(1) and 24 of the Convention. Cooperation among institutions to ensure the physical safety of labour inspectors in the performance of their duties in the agricultural sector and enforcement of penalties for obstructing inspectors in the performance of their duties. The Committee notes the Government’s statement that inspection visits in remote rural regions (such as El Chaco) encountered problems when certain employers blocked them with a show of weapons. The Committee notes that, under section 7(3) of Resolution No. 346 of 28 November 1987, approving the labour inspection regulations, the labour inspectorate may request cooperation from the law enforcement authorities in the performance of its duties. It also emphasizes that, under Article 24 of the Convention, adequate penalties shall be provided for by national laws and enforced not only for violations of legal provisions enforceable by labour inspectors, but also for obstructing labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the measures taken with a view to strengthening the authority necessary to labour inspectors in agriculture in their relations with employers and workers in the sector. It also requests the Government to indicate the measures taken by law enforcement authorities to protect inspectors during their visits to certain agricultural undertakings where their physical safety is not guaranteed, and to provide information on the investigations opened and action taken against the authors of such acts, including measures taken in accordance with Article 24 of the Convention.
Articles 6(1), 15 and 21. Lack of adequate logistical resources and transport facilities to meet the needs of labour inspectors in agriculture. The Government makes reference to difficulties in carrying out inspection visits in agricultural undertakings owing to the lack of suitable vehicles and logistical resources, especially in the El Chaco and Amazon regions. The Committee recalls that, under Article 15 of the Convention, the competent authority shall make the necessary arrangements to make available to labour inspectors in agriculture local inspection offices suitably equipped in accordance with the requirements of the service, accessible to the persons concerned, in so far as possible, and located so as to take account of the geographical situation of the agricultural undertakings, and of the means of communication (paragraph 1(a)) and the transport necessary for the performance of their duties in cases where suitable transport facilities do not exist (paragraph 1(b)). The Committee emphasizes the crucial importance of providing labour inspectors with suitable transport facilities, since their mobility is essential for the fulfilment of their duties, particularly in agricultural undertakings, which are by nature located far from urban areas and are often spread over an area without public transport. The Committee therefore requests the Government to take the necessary measures to evaluate these needs and to submit them to the financial authorities with a view to giving effect to the requirements of the Convention. The Committee requests the Government to provide information in its next report on any measures taken in this connection and on the results obtained.
The Committee is raising 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 near future.

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Articles 6(1)(a) and (3), 22 and 23 of the Convention. Supervision and treatment of infringements. The Committee requested the Government to provide information on the outcome of the activities carried out from October to December 2010 within the context of the Programme to build institutional capacity in the regions of Alto Parapeti-Camiri (Santa Cruz), Carapi-Yacuiba (Tarija), Chaco and Trinidad-Beni in the Amazon region, implemented within the framework of the Swiss cooperation strategy and seeking to promote the eradication of bonded labour, forced labour and similar forms of labour inflicted on indigenous workers and vulnerable groups. According to the Government, all cases in which complaints were made were resolved through conciliation, without the need for legal action. The Committee would be grateful if the Government would describe the role played by labour inspectors in the conciliation procedures referred to above. It also requests the Government to indicate the legal provisions which give effect to Article 22 of the Convention, under which persons who violate or neglect to observe legal provisions enforceable by labour inspectors in agriculture shall be liable to prompt legal or administrative proceedings without prior warning (Article 22(1)), and whether inspectors are free to take the decisions given to them in Article 22(2), under which it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. The Committee also requests the Government to provide information on the supervision duties performed by labour inspectors in agricultural undertakings during the period covered by the Government’s next report, on the infringements recorded (indicating the legal provisions breached) and on proceedings instituted by labour inspectors or by the competent authority and their outcomes.
Articles 8 and 14. Status and conditions of service of labour inspection staff and numbers of labour inspectors in agriculture. The Government indicates that staff numbers in the labour inspection offices of Yacuiba, Charagua, Caraparí, Macharetí, Entre Ríos and Huacaretá were increased between 2007 and 2009 in the framework of the Inter-Ministerial Transition Plan for the Guaraní people, that the Programme to build institutional capacity (FORDECAPI), of the Swiss Agency for Development and Cooperation (SDC), assisted in recruiting four consultants for the Chaco and Amazon regions and that, through UNICEF cooperation, two consultants were recruited to support sugar-cane and brazil nut harvesting. The Committee notes the table provided with the Government’s report showing that 25 labour inspectors are distributed across 14 regions. The Committee refers the Government to the comments it is making under Articles 3(1) and 10 of the Labour Inspection Convention, 1947 (No. 81), and requests it to specify the number of labour inspectors serving in the agricultural sector. It also requests the Government to provide information on the status and conditions of service of the abovementioned consultants and to specify whether they continue to support inspection activities in the fields mentioned.
Article 9(3). Adequate training of labour inspectors in agriculture. The Government indicates that, despite budgetary limitations and high staff turnover, labour inspectors regularly receive training on current labour legislation by the General Directorate of Labour and Occupational Safety and Health and, with support from international organizations such as the ILO, UNICEF and the Trade Union Development Cooperation Institute (ISCOD), on themes such as the abolition of child labour, HIV/AIDS prevention, the abolition of forced labour, etc. The Committee emphasizes the importance of ensuring that labour inspectors working in the agricultural sector receive appropriate initial and further training in the course of their employment, which takes into account the development of technology and working methods and the risks associated with the use of machines and tools and with the handling of products and chemical substances to which workers and their families are exposed. The Committee therefore requests the Government to indicate the measures taken to ensure that labour inspectors performing their duties in agricultural undertakings receive initial and further training in the course of their employment that takes into account the specific characteristics of work in agricultural undertakings, specifying the length of the training courses, the number of inspectors participating in them and the topics addressed. The Committee also refers the Government to its comments above on Articles 6(1)(a) and (3), 22 and 23 of the Convention, and requests it to indicate whether measures have been taken or are envisaged to provide training sessions on conflict management for labour inspectors, including for those who inspect agricultural undertakings.
Article 13. Collaboration between officials of the labour inspectorate in agriculture, and employers and workers. The Government indicates that it regularly meets with employers and workers and that tripartite meetings in the rural sector are being encouraged in the search for an agreement between the Government, employers and workers. The Government also indicates the use of the labels “without child labour”, “without forced labour” and “without discrimination” in sugar production in the north of Santa Cruz and brazil nut production in the Riberalta and Pando regions. The Committee would be grateful if the Government would provide information on the subject areas discussed in the tripartite meetings to which it refers in its report. It also requests the Government to provide detailed information on the inspection of agricultural undertakings that are certified as mentioned above, describing how such inspection affects the achievement of the objective of the Convention (to enforce the legal provisions regarding working conditions and protection of workers).
Article 17. Association of labour inspection services in preventive control in agricultural undertakings. Replying to the Committee’s previous comments, the Government indicates that the competent authorities for the review and approval of plans and alterations for any new buildings and plans for any major alterations or repairs in workplaces, dealt with in section 60 of the Occupational Safety and Health and Welfare Act, are the autonomous municipal governments of the departments and regions, within their respective jurisdictions. The Committee notes that labour inspection does not appear to be associated in any way with this supervisory work. The Committee therefore requests the Government to take the necessary measures to define the cases and conditions in which the labour inspection services in agriculture shall be associated in the preventive control of new plants, new substances and new methods of handling or processing products, which appear likely to constitute a threat to health or safety. It requests the Government to provide copies of any relevant documents, and once again asks it to provide copies of texts implementing sections 60 and 19(5) of the above Act.
Articles 18, 19 and 27(d) and (e). Monitoring of safety and health at work, notifying the labour inspectorate of occupational accidents and cases of occupational disease occurring in the agricultural sector, and participation of labour inspectors in inquiries into the most serious occupational accidents or occupational diseases. The Committee requested the Government to provide specific statistical information on: (i) inspection activities relating to the health and safety of workers in the agricultural sector; (ii) the measures that labour inspectors have ordered or have had ordered in the sector under Article 18(2)(a) and (b); and (iii) any other measure adopted by the labour inspectorate in agriculture with a view to preventing the occurrence of further occupational accidents and the emergence of new cases of occupational diseases. The Committee notes the Government’s statement that no information is available on the inspection activities relating to occupational safety and health in agriculture. The Committee requests the Government to take the necessary measures without delay to ensure that statistics on inspection activities in occupational safety and health in agriculture; the results of these activities (reports of law infringements and defects); and the penalties imposed are compiled and included in the annual inspection report. The Committee also once again requests the Government to specify the measures adopted to give effect, in law and in practice, to Article 19(2) of the Convention which provides that, as far as possible, labour inspectors shall be associated with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences.
Articles 26 and 27. Annual report on labour inspection activity in agriculture. Referring in this connection to its observation under Convention No. 81, the Committee hopes that the measures adopted will be put to use to facilitate the preparation by the local inspection offices of the periodical reports on their activities in agricultural undertakings as required by Article 25, that these reports will enable the central inspection authority to publish and transmit to the ILO, in accordance with Article 26, an annual report either as a separate report on activities in agriculture or as part of its general annual report, and that it will contain the information set out in Article 27.

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The Committee refers the Government to the comments it is making under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.
Articles 6(1) and (2), 12(1) and 24 of the Convention. Cooperation among institutions to ensure the physical safety of labour inspectors in the performance of their duties in the agricultural sector and enforcement of penalties for obstructing inspectors in the performance of their duties. The Committee notes the Government’s statement that inspection visits in remote rural regions (such as El Chaco) encountered problems when certain employers blocked them with a show of weapons. The Committee notes that, under section 7(3) of Resolution No. 346 of 28 November 1987, approving the labour inspection regulations, the labour inspectorate may request cooperation from the law enforcement authorities in the performance of its duties. It also emphasizes that, under Article 24 of the Convention, adequate penalties shall be provided for by national laws and enforced not only for violations of legal provisions enforceable by labour inspectors, but also for obstructing labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the measures taken with a view to strengthening the authority necessary to labour inspectors in agriculture in their relations with employers and workers in the sector. It also requests the Government to indicate the measures taken by law enforcement authorities to protect inspectors during their visits to certain agricultural undertakings where their physical safety is not guaranteed, and to provide information on the investigations opened and action taken against the authors of such acts, including measures taken in accordance with Article 24 of the Convention.
Articles 6(1), 15 and 21. Lack of adequate logistical resources and transport facilities to meet the needs of labour inspectors in agriculture. The Government makes reference to difficulties in carrying out inspection visits in agricultural undertakings owing to the lack of suitable vehicles and logistical resources, especially in the El Chaco and Amazon regions. The Committee recalls that, under Article 15 of the Convention, the competent authority shall make the necessary arrangements to make available to labour inspectors in agriculture local inspection offices suitably equipped in accordance with the requirements of the service, accessible to the persons concerned, in so far as possible, and located so as to take account of the geographical situation of the agricultural undertakings, and of the means of communication (paragraph 1(a)) and the transport necessary for the performance of their duties in cases where suitable transport facilities do not exist (paragraph 1(b)). The Committee emphasizes the crucial importance of providing labour inspectors with suitable transport facilities, since their mobility is essential for the fulfilment of their duties, particularly in agricultural undertakings, which are by nature located far from urban areas and are often spread over an area without public transport. The Committee therefore requests the Government to take the necessary measures to evaluate these needs and to submit them to the financial authorities with a view to giving effect to the requirements of the Convention. The Committee requests the Government to provide information in its next report on any measures taken in this connection and on the results obtained.
The Committee is raising other points in a request addressed directly to the Government.

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International cooperation. The Committee takes note of the summary appended to the Government’s report of the activities carried out in the period October–December 2010 within the context of the Programme to build institutional capacity in the regions of Alto Parapeti-Camiri (Santa Cruz), Carapari-Yacuiba (Tarija) in Chaco and Trinidad-Beni in the Amazon region, implemented within the framework of the Swiss cooperation strategy. It notes that the activities carried out during that three-month period sought to promote the eradication of bonded labour, forced labour and other similar forms of labour with respect to indigenous workers and workers from groups in a vulnerable situation. The Committee notes with particular interest that the activities carried out in this context included: (i) the handling of complaints concerning violations of the labour and social rights of vulnerable workers and groups such as peasant farmers, children and adolescents; (ii) the administrative management of administrative proceedings until the cases are settled; (iii) the referral to the labour courts of cases that have not been settled at the administrative level; (iv) the carrying out of inspections in rural areas, at farms and ranches, in coordination with the regional and/or departmental authorities; (v) the collection and processing of data on workers and their families; (vi) support for the development of standard-setting proposals to ensure the achievement of workers’ rights; (vii) awareness-raising on labour rights through booklets and workshops on ILO Convention No. 169, and so on. The Committee requests the Government to transmit information on: (i) the progress made in processing the cases referred to in complaints and the eventual outcomes; (ii) the checks carried out during cattle farm inspections, the procedures in place for cases of non-compliance and their outcomes.
Article 17. Preventive control of new plant, new materials or substances and new methods of handling or processing products. The Government indicates that the Ministry of Labour, Employment and Social Security has not yet put in place in the area of labour inspection in agriculture a system for the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to pose a threat to health and safety. The Committee notes however that, under section 60 of the Occupational Safety, Health and Welfare Act, the plans for any new construction and those to carry out alterations or major repairs in the workplace must be subject to the review and approval of the competent authority. In accordance with section 19(5) of the abovementioned act, one of the responsibilities of the General Directorate of Occupational Safety, Health and Welfare is to ensure compliance with the standards that provide protection against occupational hazards in the procedures prior to the installation of industries or establishments in general. The Committee requests the Government to specify which competent authority is responsible for the review and approval of plans and alterations referred to section 60 of the Occupational Safety, Health and Welfare Act and to communicate the implementing texts of sections 5 and 19 of the abovementioned act.
Articles 18 and 19. Monitoring of occupational safety and health conditions, notifying the labour inspectorate of occupational accidents and cases of occupational disease occurring in the agricultural sector and participation of labour inspectors in inquiries into the most serious occupational accidents or occupational diseases. With reference to its comments under Articles 13 and 14 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide specific statistical information on: (i) inspection activities relating to the health and safety of workers in the agricultural sector; (ii) the measures that are being or have been ordered in the sector under Article 18(2)(a) and (b); and (iii) any other measure adopted by the labour inspectorate in agriculture with a view to preventing the occurrence of further occupational accidents and the emergence of new cases of occupational diseases.
The Committee would also like the Government to specify which measures have been adopted to give effect both in law and in practice to Article 19(2) of the Convention, which provides that, as far as possible, labour inspectors should be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences.

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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:

Referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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

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

Referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes that the Government’s report received on 2 August 2005 does not reply to its comments addressed in 2004. It must therefore repeat its observation of 2004, which read as follows:

Also referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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

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

The Committee notes that the Government’s report received on 2 August 2005 does not reply to its comments addressed in 2004. It must therefore repeat its previous observation, which read as follows:

Also referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes with interest, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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

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The Committee notes that the Government’s report received on 2 August 2005 does not reply to its comments addressed in 2004. It must therefore repeat its previous observation, which read as follows:

Also referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes with interest, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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

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Also referring to its observation under Convention No. 81, the Committee notes that, owing to the economic crisis, the Government is encountering economic and financial restrictions which affect in particular the implementation of monitoring functions relating to the application of labour legislation and occupational safety standards in the agricultural sector. The Committee notes with interest, however, that despite these difficulties a pilot project has been implemented by the Ministry of Labour in the regions of Bermejo, Yacuiba, Villamontes and Riberalta and that the officials operating in these regions are doing their utmost to perform their duties in accordance with the provisions of the General Labour Act, its implementing decree and other connected standards.

The Committee also notes that the Government hopes that, when the labour inspection system is reorganized as a result of the ILO/FORSAT multilateral cooperation project, of regional scope, to strengthen the labour administrations, the functioning of this system will be able to be extended to the agricultural sector. The Committee recalls that the ratification of the present Convention implies de jure obligations whose aim is the coverage of needs specific to agricultural undertakings by the inspection services with respect to monitoring of the legislation concerning conditions of work and worker protection. The Government is therefore requested to take measures promptly to ensure the implementation of such obligations, without prejudice to any improvement expected from the overall reorganization of the inspection system which is under way, and to communicate to the ILO all available information requested in the report form according to the provisions of the Convention.

The Committee also requests the Government to provide further information on the activities undertaken and the results obtained by the inspection services involved in the implementation of the abovementioned pilot project.

Part V of the report form and article 23(2) of the ILO Constitution. Recalling the obligation to communicate to representative organizations of employers and workers, under the abovementioned article of the Constitution, copies of reports and information transmitted to the ILO Director-General, particularly under article 22 of the ILO Constitution, the Committee would be grateful if the Government would indicate the precise reasons which might explain the failure to implement these provisions in relation to the present Convention.

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The Committee would be grateful if the Government would, concerning Article 8, paragraph 1, of this Convention and Part V of the corresponding report form, provide the information required under Article 6 of Convention No. 81 and under Part V of the corresponding report form.

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The Committee notes the Government’s report, the partial replies to its previous comments and the attached documentation.

In particular the Committee notes with satisfaction the communication of the Act of 18 October 1996 respecting the National Agrarian Reform Service, one of the final provisions of which expands the scope of the General Labour Act to cover rural wage earners. Considering, however, that the explicit repeal of section 1 of the General Labour Act and of section 1 of Decree No. 224 of 23 August 1943, which exclude agricultural work and agricultural workers from their scope of application, is necessary to harmonize the legislation in this respect, the Committee hopes that the Government will soon be able to provide information on the measures taken for this purpose.

Furthermore, the Committee invites the Government to consider, with respect to the application of the present Convention, the points raised in its observation under the Labour Inspection Convention, 1947 (No. 81), and to provide the requested information in relation to labour inspection in agricultural enterprises (the application of legal provisions establishing the functions of labour inspectors in the agricultural sector; the specific conditions of service, if any, of labour inspectors in the agricultural sector; the facilities and means of transport and the objectives of the publication of an annual report on the activities of the inspection services and on their results in the agricultural sector).

The Committee is addressing a request directly to the Government on other points.

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The Committee notes that, according to the Government, Act No. 1715 of 19 October 1996 concerning the national agrarian reform services extends, by virtue of its final provisions, application of the General Labour Act to wage earning rural workers. The Committee would be grateful if the Government would supply a copy of the full text of this Act.

The Committee notes with interest in connection with its 1999 general observation on labour inspection and child labour, the adoption of Act No. 2026 of 27 October 1999 concerning the protection of children and young persons and, in particular, fixing the minimum age for entry to employment and prohibiting the employment of young persons on certain work.

The Committee notes, however, that application of the Convention is made difficult due particularly to the lack of human resources. It would be grateful if the Government would supply information on the measures taken or envisaged to provide the labour inspection services with budgetary allocations appropriate to the needs so as to allow satisfactory performance of its services in regard to the provisions of the Convention.

Articles 20 and 21 of the Convention. The Committee notes with regret the failure to supply an annual inspection report of which the form, publication and communication to the ILO are provided by the Convention. Noting furthermore that measures do not appear to have been taken to ensure production of such reports, the Committee reminds the Government that this is an obligation stemming from ratification of the Convention and that technical assistance from the ILO may be requested for this purpose. It would be grateful if the Government would endeavour as soon as possible to give effect to the pertinent provisions of the Convention and to communicate to the ILO any relevant information.

Part V of the report form. Noting that the Government has not indicated in its report to which representative organizations of employers and workers copies of it have been communicated, the Committee recalls that communication is an obligation laid down in article 23, paragraph 2, of the ILO Constitutionand requests the Government to supply information on any particular circumstances which explain why it was not done.

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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:

The Committee notes the information contained in the Government's report to the effect that the preliminary draft of the new General Labour Act has incorporated the agricultural sector into the scope of its provisions through the abolition of the exception covering agricultural work contained in the current legislation. It also notes that measures will be adopted to establish a system of inspection covering all agricultural enterprises under the regulations that are to be issued under the Administrative Reform Act No. 1493 of 17 September 1993, known as the Executive Authority Ministries Act. With reference, mutatis mutandis, to its comments on the application of Convention No. 81, the Committee trusts that the Government will take the necessary measures in the near future to give full effect to the provisions of this Convention.

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

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

The Committee notes the information contained in the Government's report to the effect that the preliminary draft of the new General Labour Act has incorporated the agricultural sector into the scope of its provisions through the abolition of the exception covering agricultural work contained in the current legislation. It also notes that measures will be adopted to establish a system of inspection covering all agricultural enterprises under the regulations that are to be issued under the Administrative Reform Act No. 1493 of 17 September 1993, known as the Executive Authority Ministries Act. With reference, mutatis mutandis, to its comments on the application of Convention No. 81, the Committee trusts that the Government will take the necessary measures in the near future to give full effect to the provisions of this Convention.

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

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The Committee notes the information contained in the Government's report to the effect that the preliminary draft of the new General Labour Act has incorporated the agricultural sector into the scope of its provisions through the abolition of the exception covering agricultural work contained in the current legislation. It also notes that measures will be adopted to establish a system of inspection covering all agricultural enterprises under the regulations that are to be issued under the Administrative Reform Act No. 1493 of 17 September 1993, known as the Executive Authority Ministries Act. With reference, mutatis mutandis, to its comments on the application of Convention No. 81, the Committee trusts that the Government will take the necessary measures in the near future to give full effect to the provisions of this Convention.

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The Committee refers to its observation under Convention No. 81. It asks the Government to indicate the additional measures taken to enable the general labour inspectorate to carry out adequately its functions in agriculture. In this respect, the Government will undoubtedly pay particular attention to increasing inspectors' means of transport and to raising their awareness of the particular characteristics and risks inherent in agricultural activity as well as to the need to ensure the collaboration with employers and workers or their organizations.

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The Committee notes the reply to its 1990 observation, in which, as the Government stated previously in its 1989 report, it would be neither appropriate nor practical to establish a system of labour inspection in agriculture as prescribed by the Convention. The Government gives two grounds for this: the lack of standards to regulate the rights and duties emanating from agricultural labour (except in the case of sugar cane and cotton harvest workers who, by two Supreme Decrees of 1983 and 1984, were brought within the scope of the General Labour Act and its Regulatory Decree); and the sparsity of and difficulty of access to agricultural undertakings.

The Committee notes with regret that little progress has been made in applying the Convention, which Bolivia ratified in 1977. The Committee wishes to express once again its hope that the measures needed to establish a system of inspection covering all agricultural undertakings will be adopted; it asks the Government to supply any available information on the progress made in this respect.

[The Government is asked to supply full information at the 79th Session of the Conference.]

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In reply to the Committee's previous observation, the Government indicates, as it did in its 1987 report, that due to the prevailing situation in rural areas (lack of roads, hospitals, schools, etc.) it is neither appropriate nor practical to establish a system of labour inspection in agriculture as laid down in the Convention. The Government adds that the inspection services that are required for the few enterprises that exist in the agricultural sector can be provided by inspectors from the neighbouring urban district who will apply the General Labour Act and its regulations and, as regards workers engaged for the sugar-cane or cotton harvests, Supreme Decree No. 20255 of 26 May 1989, which establishes the rights and duties of these workers. In this connection, the Committee recalls, as it did in its 1985 General Survey that, although inspection services can be competent for all sectors of activity, including agriculture, "the prime objective of Convention No. 129 is to guarantee that, where laws and regulations governing working conditions and the protection of workers in agriculture exist and are enforceable by labour inspectors, all the undertakings without any exception should be covered by the system of inspection" (paragraph 57). The Committee therefore requests the Government to supply detailed information on how effect is given to the provisions of the Convention, and particularly to provide statistics on the subjects set out in Article 27 of the Convention (unless this information is included in the annual inspection report established in accordance with Article 20 of Convention No. 81).

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