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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Bolivia (Plurinational State of) (Ratification: 1977)

International cooperation. The Committee takes note of the summary appended to the Government’s report of the activities carried out in the period October–December 2010 within the context of the Programme to build institutional capacity in the regions of Alto Parapeti-Camiri (Santa Cruz), Carapari-Yacuiba (Tarija) in Chaco and Trinidad-Beni in the Amazon region, implemented within the framework of the Swiss cooperation strategy. It notes that the activities carried out during that three-month period sought to promote the eradication of bonded labour, forced labour and other similar forms of labour with respect to indigenous workers and workers from groups in a vulnerable situation. The Committee notes with particular interest that the activities carried out in this context included: (i) the handling of complaints concerning violations of the labour and social rights of vulnerable workers and groups such as peasant farmers, children and adolescents; (ii) the administrative management of administrative proceedings until the cases are settled; (iii) the referral to the labour courts of cases that have not been settled at the administrative level; (iv) the carrying out of inspections in rural areas, at farms and ranches, in coordination with the regional and/or departmental authorities; (v) the collection and processing of data on workers and their families; (vi) support for the development of standard-setting proposals to ensure the achievement of workers’ rights; (vii) awareness-raising on labour rights through booklets and workshops on ILO Convention No. 169, and so on. The Committee requests the Government to transmit information on: (i) the progress made in processing the cases referred to in complaints and the eventual outcomes; (ii) the checks carried out during cattle farm inspections, the procedures in place for cases of non-compliance and their outcomes.

Article 17. Preventive control of new plant, new materials or substances and new methods of handling or processing products. The Government indicates that the Ministry of Labour, Employment and Social Security has not yet put in place in the area of labour inspection in agriculture a system for the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to pose a threat to health and safety. The Committee notes however that, under section 60 of the Occupational Safety, Health and Welfare Act, the plans for any new construction and those to carry out alterations or major repairs in the workplace must be subject to the review and approval of the competent authority. In accordance with section 19(5) of the abovementioned act, one of the responsibilities of the General Directorate of Occupational Safety, Health and Welfare is to ensure compliance with the standards that provide protection against occupational hazards in the procedures prior to the installation of industries or establishments in general. The Committee requests the Government to specify which competent authority is responsible for the review and approval of plans and alterations referred to section 60 of the Occupational Safety, Health and Welfare Act and to communicate the implementing texts of sections 5 and 19 of the abovementioned act.

Articles 18 and 19. Monitoring of occupational safety and health conditions, notifying the labour inspectorate of occupational accidents and cases of occupational disease occurring in the agricultural sector and participation of labour inspectors in inquiries into the most serious occupational accidents or occupational diseases. With reference to its comments under Articles 13 and 14 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide specific statistical information on: (i) inspection activities relating to the health and safety of workers in the agricultural sector; (ii) the measures that are being or have been ordered in the sector under Article 18(2)(a) and (b); and (iii) any other measure adopted by the labour inspectorate in agriculture with a view to preventing the occurrence of further occupational accidents and the emergence of new cases of occupational diseases.

The Committee would also like the Government to specify which measures have been adopted to give effect both in law and in practice to Article 19(2) of the Convention, which provides that, as far as possible, labour inspectors should be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences.