Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

With reference to the comments it has been making since 2005, the Committee notes the reports received in October 2009 and September 2010. The Committee recalls that, in its examination of the effect given to this Convention, account is taken of the issues closely linked to its application that are raised in the comments on other ratified Conventions, particularly 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).

Parts I and II of the Convention. Improvement of standards of living. The Government refers in its reports to Supreme Decree No. 29272 of 12 September 2007 approving a General Economic and Social Development Plan, which seeks to construct a new plurinational State actively promoting community-based social development for a fair redistribution of wealth, income and opportunities. The Government indicates that in this way it would be ensuring compliance with the definitions contained in the Convention. The Committee requests the Government to supply up-to-date information in its next report on the manner in which the General Economic and Social Development Plan has ensured “the improvement of standards of living” (Article 2 of the Convention) and has taken account of “such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5(2)).

Article 4. The Government attaches information to its 2010 report on the participation of seasonal workers in compulsory social insurance. Accordingly, the Committee understands that seasonal workers are included in the scope of the General Labour Act, for the sole purpose of long-term social security. The Committee requests the Government to continue to supply information on the measures taken for the promotion of productive capacity and the improvement of standards of living of agricultural producers.

Part III. Migrant workers. The Committee’s 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 requests the Government to include information in its next report on the transfer of Bolivian migrant workers’ resources to their regions of origin and on their conditions of pay (Articles 7 and 8 – see also Article 14(3)). In particular, it requests the Government to provide information on migratory movements to/from Argentina and the situation of sugar and tobacco workers.

Part IV. Remuneration. In its previous comments the Committee expressed its concern regarding the payment of outstanding wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee requests the Government to supply information in its next report enabling it to examine the manner in which decisions from courts of law or other tribunals or administrative decisions have enabled 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(2)).

Part VI. Education and training. The Committee requests the Government to include information in its next report on the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and on 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).