Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the National Plan for the Gradual Elimination of Child Labour (2000–10) (“PNEPTI 2000–10”), which has the following strategic objectives: (1) to reduce labour performed by boys and girls under 14 years of age; (2) to protect adolescent workers over 14 years of age; and (3) to abolish the worst forms of labour performed by boys, girls and adolescents. It also noted that in order to implement PNEPTI 2000–10, three types of activities in which children work the most have been selected, namely sugar cane harvesting, mine work and urban work.

The Committee notes from a document issued by the Ministry of Labour on the Three-Year Plan on the gradual elimination of child labour (2006–08) (“Three-Year Plan 2006–08”), the mid-term review of PNEPTI 2000–10 carried out in 2005 showed that although progress has been made, results so far provide no evidence of a durable impact nationwide. It notes that the objective of the plan is to take effective and sustainable measures to improve implementation of the three strategic objectives of PNEPTI 2000–10 mentioned above. The Committee notes in this context that sugar cane harvesting, mine work and urban work are targeted by the Three-Year Plan 2006–08 as well.

The Committee notes the information sent by the Government to the effect that the Three-Year Plan 2006–10 was adopted following the mid-term review of PNEPTI 2000–10. It also notes that, according to the Government, ten educational assistance centres have been set up in six camps in the municipality of Bermejo where families engaged in sugar cane harvesting are accommodated. These centres have benefited 300 children. Moreover, according to the Government, the Project on the Elimination of Child Labour in Small-scale Mines in South America (2002–06) has enabled work by children and young people in mines to be prevented and reduced. The Committee further notes that, according to a report by ILO/IPEC issued in December 2007 on the project “Eradicating Child Labour in Latin America (Phase III)”, the National Statistics Institute (INS) in collaboration with the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) is conducting a study on child labour.

The Committee appreciates the steps taken by the Government to abolish child labour. It is nonetheless concerned that child labour persists in practice and notes that the study on child labour will show how extensive the problem is in practice. The Committee urges the Government to step up its efforts to abolish child labour in the country. In this connection, it asks the Government to provide information on measures taken under the Three-Year Plan 2006–08 and PNEPTI 2000–10 and particularly on the action programmes that will be implemented to eliminate child labour gradually. It requests the Government to provide information on the results obtained. It furthermore invites the Government to send information on the practical effect given to the Convention, such as statistical data on the employment of children and young persons, extracts of reports by the inspection services, particularly inspections carried out in the sectors mentioned above. Lastly, it asks the Government to provide a copy of the study on child labour as soon as it is completed.

Article 2, paragraph 1. Scope. The Committee notes the information sent by the Government to the effect that work done by children on their own account in commercial activities, shoe cleaning, car cleaning and vendors in public transport are excluded from the scope of the Convention. It reminds the Government that according to Article 2, paragraph 1, of the Convention, no one under the minimum age specified, in Bolivia’s case 14 years, shall be admitted to employment or work in any occupation other than the exceptions provided for by the Convention. The Committee requests the Government to take the necessary steps to ensure that children under 14 years of age working on their own account have the protection provided for in the Convention. The Committee notes that, according to the Government, the labour inspection services have been reinforced and that four labour inspectors have had child labour training. The Committee requests the Government to take the necessary steps to give the protection established by the Convention to all children, in particular by deploying the labour inspection services in the various sectors where children carry out an economic activity, with a view to withdrawing from their activities children who are not bound by an employment relationship such as children working on their own account or in the informal economy.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes that according to statistics published by UNESCO in 2006, the net primary school enrolment rate is 96 per cent for girls and 94 per cent for boys and, at secondary school level, 72 per cent for girls and 73 per cent for boys. It also notes from the statistics published by UNICEF that the net school attendance rate at primary level is 77 per cent for girls and 78 per cent for boys and, at secondary level, 56 per cent for girls and 57 per cent for boys. The Committee further notes that according to an ILO/IPEC report of December 2007, school attendance increased by 9 per cent in 2007 and that a law on education is being drafted. Furthermore, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for all by 2000: Will we make it?, Bolivia has attained the objective of parity between the sexes in both primary and secondary education. The report further indicates that the country stands a good chance of attaining the objective of universal primary education for all by 2015. The Committee nonetheless notes that, according to the report, in terms of education for all there are still disparities between indigenous and non-indigenous peoples.

The Committee takes due note of the net primary school enrolment rate and the fact that the country stands a good chance of obtaining the objective of universal primary education for all by 2015. It also notes that the net primary school attendance rate is relatively good. It is nonetheless concerned that the net enrolment and attendance rates at secondary level are rather low. It points out that poverty is one of the main causes of child labour and when combined with a weak education system, hampers children’s development. Believing that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to pursue its efforts to improve the working of the education system in the country and to take steps to ensure children’s access to basic compulsory education or to informal schooling. It asks the Government to provide information on the measures taken to increase school attendance rates at both primary and secondary level so as to prevent children under 14 years of age from working and to narrow the gap between indigenous and non-indigenous peoples in terms of education for all. It requests the Government to provide information on the results obtained. Lastly, the Government is asked to provide a copy of the law on education as soon as it is adopted.

Article 3, paragraph 2. Determining types of hazardous work. The Committee notes that according to information in the abovementioned ILO/IPEC report of December 2007, a process for drawing up a list of types of hazardous work prohibited for children under 18 years of age was launched in 2007. To this end, an agreement has been signed by the Ministry of Labour and employers’ and workers’ organizations. The Committee expresses the hope that the list of types of hazardous work prohibited for children under 18 years of age will be adopted shortly. It requests the Government to provide information on all progress made in this matter and on consultations held with the workers’ and employers’ organizations in determining such types of work.

Article 9, paragraph 3. Employment registers. In its previous comments, the Committee requested the Government to provide information on the provisions that give effect to the requirement for employers to keep registers. The Committee notes that according to the Government the national legislation contains no such provisions. A Ministerial Resolution is nonetheless being drafted and will provide that employers shall keep a register of children under 18 years of age who work for them. The Committee expresses the hope that the abovementioned Ministerial Resolution will be adopted shortly and that it will contain provisions to give effect to the abovementioned Article of the Convention. It requests the Government to provide information on this point.