Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Bolivia (Plurinational State of) (Ratification: 1977)

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

In its previous comments, the Committee had expressed its hope that the Government would be able to supply detailed information not only in respect of the effects of the employment injuries provisions of the new Pensions Act No. 1732 of 29 November 1996 and its Regulation (Supreme Decree No. 24469 of 1997), but also on the legal provisions or regulations which ensure the application of the provisions of the Convention with respect, in particular, to medical care (Article 12 of the Convention) and temporary incapacity (Article 13). The Committee notes that neither the Government’s report nor the attached legislation do contain this information. Therefore, the Committee cannot but reiterate its request for a detailed report on the implementation of the new legislation with regard to employment injuries’ long-term benefits and of the current legislation on medical care and short-term benefits in the light of the pertinent provisions of the Convention, including statistical data on the scope of application and the level of benefits as required by the report form approved by the Governing Body.

In addition, after having examined the provisions of the Pension Act No. 1732 and the Supreme Decree No. 24469, the Committee wishes to draw, in particular, the Government’s attention to the following provisions of the Convention.

  Article 9(3). The Committee recalls that under this provision of the Convention benefit shall be paid throughout the contingency. It would like the Government to indicate how this provision has been implemented by the new legislation.

  Article 16. The Committee recalls that Article 16 of the Convention provides for the payment of increments in periodical payments or other supplementary or special benefits for disabled persons requiring the constant help or attendance of another person. It would appreciate receiving additional information on how this provision of the Convention has been implemented by the new legislation.

  Article 21. The Committee recalls that invalidity and survivors’ benefits currently payable must be reviewed periodically following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee would therefore like the Government to indicate how effect is given to this provision of the Convention.

  Article 24. The Committee recalls that Article 24 of the Convention provides that representatives of persons protected shall participate in the administration of a pension system. It would like the Government to indicate how effect has been given to this provision of the Convention.

  Article 27. As articles 1, 3 and 5 of the Pensions Act refer to Bolivian citizens only, the Committee would like the Government to confirm that, according to article 109 of the Supreme Decree, all employees working in Bolivia are covered by compulsory insurance in the employment injury scheme regardless of their nationality.

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