Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of Wages Convention, 1949 (No. 95) - Bolivia (Plurinational State of) (Ratification: 1977)

Articles 4, 6, 7, 8 and 12 of the Convention. Abusive practices in the payment of the wages of indigenous agricultural workers. Further to its previous comment regarding abusive pay practices with respect to indigenous agricultural workers, the Committee notes the Government’s reference to Act No. 3785 of 23 November 2007 and Supreme Decree No. 29432 of 16 January 2008, which extend the coverage of the General Labour Act and social security protection to seasonal agricultural workers. The Committee also notes the Government’s reference to: (i) Supreme Decree No. 28159 of 16 May 2005 on a labour regime for the Guaraní communities; (ii) Supreme Decree No. 29215 of 2 August 2007 on regulations concerning national agrarian reform; (iii) Supreme Decree No. 29292 of 3 October 2007 establishing an Inter-ministerial Council on the eradication of servitude and forced labour; and (iv) Supreme Decrees No. 29802 of 19 November 2008 and No. 0388 of 23 December 2009 on servitude and forced labour in agricultural areas. The Committee asks the Government to elaborate on the practical impact that this legislation has had on the situation of indigenous agricultural workers in the Chaco region, and indicate any targeted programmes or initiatives seeking to improve the pay conditions of the workers concerned. Moreover, noting that a new General Labour Act is currently being drafted, the Committee again requests the Government to take into account the comments made in 2010 under the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117).

As regards the implementation of a national plan of action to eradicate and combat forced labour in all its forms, the Committee notes the information provided by the Government concerning: (i) the establishment of the Fundamental Rights Unit (UDF) under Supreme Decree No. 29894; (ii) the Transitional Inter ministerial Plan 2007–08 for the Guaraní people (PIT Guaraní); and (iii) the programme to strengthen institutional capacities (FORDECAPI) in agreement with the Government of Switzerland. The Committee further notes the Government’s indication that the UDF set up an action plan for 2009–10 to enforce fundamental rights of all Bolivian workers, especially indigenous and vulnerable workers, that the PIT Guaraní aimed to guarantee individual and collective rights of the Chaco community and was administered in six components, and that the FORDECAPI which addressed all cases dealing with, inter alia, indigenous agricultural workers has been extended until December 2012. The Committee asks the Government to keep the Office informed of any assessment of the various plans against forced labour and on the working conditions of indigenous agricultural workers as well as any follow-up activities that might be undertaken in this regard.

The Committee is raising other points in a request addressed directly to the Government.