Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. In relation to its 1999 direct request, the Committee notes the information provided in a detailed report received in June 2002. The Committee intends to continue examining the effect given to Convention No. 117, taking into account the issues closely linked to its application that are raised concerning the application of the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), the Minimum Wage Fixing Convention, 1970 (No. 131), the Minimum Age Convention, 1973 (No. 138), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government could include, in its next report on Convention No. 117, an update on the way in which it is ensured that "the improvement of standards of living" is regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention) and information on the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that in order to ascertain the minimum standards of living of independent producers and wage earners "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education" (Article 5, paragraph 2, of the Convention).

3. Article 4. The Committee would like to receive updated information on the incorporation of salaried rural workers into the general labour law and would be grateful if the Government’s next report could include an indication of the progress made in the land allocation process (the abovementioned provision of the Convention lists measures "for the promotion of productive capacity and the improvement of standards of living of agricultural producers").

4. Part III. Migrant workers. Previous comments have addressed issues relating to migratory movements between Bolivia and Argentina. Reference has also been made to the temporary migratory movements of Bolivian temporary labourers in sugar refineries and the tobacco industry. The Committee would be grateful if the Government could include, in its next report, information on the transfer of Bolivian migrant workers’ resources to the area of labour supply and on their conditions of pay (Articles 7 and 8 - see also Article 14, paragraph 3). In particular, please provide information on migratory movements with Argentina and the situation of sugar and tobacco workers. The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In this regard, in the conclusions on a fair deal for migrant workers in a global economy, the International Labour Conference adopted a non-binding multilateral framework for migrant workers, developed in agreement with the tripartite constituents, to assist member States in developing labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.

5. Part IV. Remuneration of workers. The Committee refers to its pending comments on the application of the Minimum Wage Fixing Convention, 1970 (No. 131). In its previous comments on Convention No. 117, the Committee expressed its concern regarding the payment of owed wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee hopes that the Government’s next report on the application of Convention No. 117 will contain information on how judicial decisions have allowed advances on wages to be regulated and limited (Article 12 of the Convention). Please also indicate the measures taken to protect wage earners and independent producers against usury (Article 13, paragraph 2).

6. Part VI. Education and training. Please indicate the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and the way in which training in new techniques of production has been organized as part of the social policy giving effect to the Convention (Articles 15 and 16).