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

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

Other comments on C138

Observation

Direct Request

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the 2012 statistics provided by the Government according to which 83,261 children between the ages of seven and 13 years (5.63 per cent) are engaged in work, of whom 34 per cent are in rural areas. The Government referred to the existence of inter-institutional subcommittees for the elimination of the worst forms of child labour, which have the objective of mobilizing efforts and creating synergies to generate preventive action and ensure comprehensive inter-sectoral care for children and young persons engaged in work. It also indicated that it had developed a “triple verification” policy for enterprises and workers with a view to eliminating child labour and promoting social responsibility.

The Committee notes the Government’s indication in its report that it has adopted the “Patriotic Agenda”, in the framework of which it has prepared the Economic and Social Development Plan (PDES) 2016–20, one of the main planks of which is the progressive elimination of the causes of child labour. The Committee further notes that, according to the Government, public expenditure on child protection rose to 7.8 per cent in 2015 (compared with 3.5 per cent in 2005). The Government adds that it has developed a Programme for Working Children and Young Persons for the exercise of their right to education, which is intended to support working children through catch-up courses and flexible course times. While noting this information, the Committee requests the Government to provide information on the results achieved through their implementation with a view to the progressive elimination of all forms of child labour, with special emphasis on children living in rural areas. The Committee also requests the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children under 14 years of age, extracts from inspection reports and data on the number and nature of the violations reported.

Article 3(2). Determination of hazardous types of work. The Committee previously noted the revision of section 136 of the Code for Children and Young Persons of 17 July 2014, which prohibits work which by its nature or conditions is hazardous, unhealthy or jeopardizes the dignity of children and young persons and imperils their retention in the school system, and the revised list of hazardous types of work which are prohibited for children and young persons. It requested the Government to indicate the age under which these types of work are prohibited.

The Committee notes the lack of information from the Government, but observes that section 5(a) of the Code for Children and Young Persons defines the child as a person under 12 years of age and that section 5(b) of the Code defines a young person as a person between the ages of 12 and 18 years. The Committee takes due note of the fact that section 136, by prohibiting children and young persons from carrying out the types of hazardous work listed, thereby prohibits all persons under 18 years of age from carrying out hazardous types of work. The Committee requests that the Government provide information on the effect given in practice to section 136 of the Code for Children and Young Persons, and particularly on the monitoring mechanisms established to ensure its effective application, and on the violations detected and the penalties imposed.

Article 6. Apprenticeship. In its previous comments, the Committee noted that, under the terms of sections 28 and 58 of the General Labour Act, children under 14 years of age may work as apprentices with or without pay, and it reminded the Government that, under the terms of Article 6, the Convention does not apply to work undertaken by persons of at least 14 years of age in undertakings where such work is carried out as part of a course of education or a programme of training or guidance. The Committee also noted the Government’s indication that labour inspectors are responsible for taking measures to ensure that children under 14 years of age do not engage in apprenticeships. It further recognized that measures to reinforce the labour inspection services are essential to combat child labour, but noted that labour inspectors need a basis in law consistent with the Convention to enable them to ensure that children are protected against conditions of work liable to jeopardize their health or development. It noted that, although the Government refers to the Avelino Siñani-Elizardo Pérez Act No. 070 of 20 December 2010, which regulates the system of education and apprenticeship, the Act does not establish a minimum age for work as an apprentice.

The Committee notes with concern that the Government’s report once again does not contain information on the measures taken to prohibit children under 14 years of age from engaging in apprenticeships. Recalling that it has been drawing the Government’s attention to this issue for over ten years, the Committee urges the Government to take the necessary measures to bring the provisions of the national legislation into conformity with Article 6 of the Convention by establishing without further delay a minimum age of at least 14 years for admission to apprenticeships.

The Committee invites the Government to avail itself of ILO technical assistance in order to bring its law and practice into conformity with the Convention.

[The government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]