Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), which were received on 31 August 2014, as well as the Government’s reply, received on 26 November 2014.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee recalls its previous comments which noted that, under section 126(1) of the Children’s and Adolescents’ Code, the minimum age for admission to employment or work was 14 years, and that section 58 of the General Labour Act prohibited work by children of less than 14 years, which was in keeping with the minimum age specified by the Government on ratifying the Convention.

The Committee notes the observations submitted by the ITUC concerning the Government’s adoption of the new Children’s and Adolescents’ Code on 17 July 2014, which amends section 129 of the previous Code to lower the working age for children to 10 years for self-employed workers and to 12 years for those in an employment relationship, under exceptional circumstances. The ITUC alleges that these exceptions to the minimum age of 14 years are incompatible with the Convention’s exceptions to the minimum age which are permitted for light work under Article 7(4), and which do not permit children under the age of 12 years to work. The Committee also notes the ITUC’s statement that allowing children to work as from the age of 10 years will inevitably affect their compulsory schooling, which in the Plurinational State of Bolivia is up to 12 years of schooling, that is to at least 16 years of age. Additionally, the ITUC alleges that, by distinguishing between the minimum age for light work carried out by self-employed children (10 years) and those in an employment relationship (12 years), the Code discriminates between the two groups of children, who should enjoy the same level of protection.

The Committee notes the Government’s indication, in both its report as well as in its reply to the ITUC’s allegations, that the new exceptions to the minimum age of 14 years, set out under section 129 of the Code, must be registered and authorized only on condition that such work does not threaten the children’s right to education, health, dignity or integral development.

The Committee strongly deplores the recent amendments to section 129 of the Children’s and Adolescents’ Code, discussed above, which permit the competent authority to approve work for children and adolescents aged 10–14 years in self-employment and allow children and adolescents aged 12–14 years to work for a third party. The Committee emphasizes that the objective of the Convention is to eliminate child labour and that it allows and encourages the raising of the minimum age but does not permit the lowering of the minimum age once specified. The Committee recalls that the Plurinational State of Bolivia specified a minimum age of 14 years when ratifying the Convention and that the derogation from the minimum age for admission to employment under section 129 of the Children’s and Adolescents’ Code is not in conformity with this provision of the Convention. Moreover, the Committee notes with deep concern the distinction between the minimum age for children who are self-employed, at 10 years, and for children who are in an employment relationship, at 12 years. As the Committee noted in its 2012 General Survey on the fundamental Conventions (paragraphs 550 and 551), it is of the firm view that self-employed children should be guaranteed at least the same legislative protection, particularly in view of the fact that many of these children are working in the informal economy in hazardous conditions. The Committee therefore strongly urges the Government to take immediate measures to ensure the amendment of section 129 of the Children’s and Adolescents’ Code of 17 July 2014 to fix the minimum age for admission to employment or work, including self-employment, in conformity with the age specified at the time of ratification and the requirements of the Convention, to at least 14 years.

Article 7(1) and (4). Light work. The Committee notes that sections 132 and 133 of the Children’s and Adolescents’ Code of 17 July 2014 permit children under the age of 14 years to work, with due authorization by the competent authority, under conditions which limit their working hours, are not hazardous to their life, health, integrity or image and do not interfere with their access to education. The Committee recalls that, pursuant to the flexibility clause under Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment or work of persons 12–14 years of age in light work which is not likely to be harmful to their health or development, and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee notes, however, that sections 132 and 133 of the Children’s and Adolescents’ Code do not set a lower minimum age of 12 years, as required under Article 7(4). It urges the Government to take immediate measures to ensure the amendment of sections 132 and 133 of the Children’s and Adolescents’ Code of 17 July 2014 to establish a lower minimum age of 12 years for admission to light work, in conformity with the conditions of Article 7(1) and (4) of the Convention.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that the national legislation does not contain provisions giving effect to the obligation of the employer to keep registers. The Committee notes that, pursuant to section 138 of the Children’s and Adolescents’ Code, registers for child workers are now required in order to obtain authorization for such work. While the Committee notes the Government’s efforts to prescribe registers, it notes with regret that these registers include authorization for children aged 10–14 years to work. In this respect, it draws the Government’s attention to its comments under Article 2(1), according to which authorization to work should not be permitted for children below the age of 14 years. Furthermore, it reminds the Government that, in accordance with Article 9(3) of the Convention, national laws shall prescribe the registers which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to bring this provision of the Children’s and Adolescents’ Code into conformity with the Convention on these two points, and to provide recent statistics on child labour, disaggregated by age and gender.

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

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]