Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Bolivia (Plurinational State of) (Ratification: 1977)

The Committee notes the information supplied by the Government regarding, in particular, Article 16 of the Convention. It requests the Government to provide further information on the following points:

Articles 6 and 9 of the Convention. Further to its previous request, the Committee takes note of Supreme Decrees Nos. 19524 of 23 April 1983 and 20255 of 24 May 1985 which regulate the terms and conditions of employment of the workers temporarily employed for sugar cane and cotton harvest. It requests the Government to continue supplying information on any further measures taken regarding the terms and conditions of their employment and on similar measures taken or envisaged in respect of other categories of migrant workers, as well as information on the practical application of these Supreme Decrees in accordance with Point V of the report form.

Article 7. The Committee notes the Government's repeated indication that the transfer of part of the workers' wages and savings is done by their own account. It requests the Government to keep the matter under review and to report on any measures taken or envisaged to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply, in accordance with this provision of the Convention.

Article 8. The Committee notes with interest the copy transmitted by the Government of the Agreement concluded in May 1964 between the Governments of Bolivia and of Argentina for regulating the work of Bolivian temporary labourers in sugar and tobacco establishments in Argentina. It notes that article 2 of this Agreement provides for the application to the labourers concerned of the labour legislation in force in Argentina and of the collective agreements accorded in the same kind of activities, giving effect to paragraph 2 of this Article.

The Committee further notes that article 16 of the 1964 Agreement allows the labourers to bring with them on their return to Bolivia, articles of primary necessity and of personal use free of export retention in Argentina up to a prescribed value, but that there are no provisions in the Agreement concerning facilities for enabling the worker to transfer part of his wages and savings to his home. The Committee therefore requests the Government to supply information on measures taken or envisaged to give effect to paragraph 3 of this Article, and also to communicate a copy of model contract of labour referred to in article 10 of the 1964 Agreement.

The Committee also notes the Government's reference to a project of repatriation from Argentinian territory of about 100,000 Bolivian migrants with the cooperation of the International Organisation for Migration and requests the Government to keep it informed of the development of this matter.

Article 15, paragraphs 1 and 3. The Committee notes the Government's indication of the efforts by the Governments of Argentina and of Bolivia to provide public schools for the children of Bolivian migrants. It notes that section 7, second paragraph, of Supreme Decree No. 20255 provides for the obligation for the employer to pay for the transport of children of the worker under the age of 14 years. The Committee requests the Government to indicate whether educational facilities are available for these children accompanying the sugar cane and cotton harvest workers, and if so, whether the employment of those below the school-leaving age during school hours is prohibited. Please also continue supplying information on measures taken for the progressive development of education, vocational training and apprenticeship in the whole country.