Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), which were received on 31 August 2015.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to a national report published by ILO–IPEC, 437,000 children under 14 years of age were engaged in hazardous types of work. It also noted that the Government envisaged formulating a new five-year plan based on the results of the evaluation of the previous national plans. The Committee also noted the 2015–20 National Plan entitled Juntos vamos bien para vivir bien (Working together to live well), and the 2013–17 Plan of Action drawn up in conjunction with UNICEF, which includes among its objectives the implementation of a national plan for children. Lastly, the Committee noted the Government’s statistics for 2012, according to which 83,261 children between 7 and 13 years of age (5.63 per cent) are working, including 34 per cent in rural areas.

The Committee notes the joint observations of the IOE and the CEPB, to the effect that the Government needs to adopt a national plan for the elimination of child labour, after consultation with the social partners. The Committee notes the Government’s indication that, in April 2015, the Ministry of Labour, Employment and Social Welfare formulated a public policy for the progressive elimination of the worst forms of child labour. The Government states that this policy was designed to be implemented via a national plan and departmental and municipal plans for 2015–20. The policy was to be in line with the Government’s programme and Agenda 2025, aimed at eliminating extreme poverty among Bolivian families. The Government also refers to the existence of inter-institutional subcommittees for the elimination of the worst forms of child labour, which aim to mobilize efforts and create synergy to generate preventive action and ensure comprehensive inter-sectoral care for working children and adolescents. The subcommittees are managed by the Ministry of Labour, Employment and Social Welfare, through its Unit for Fundamental Rights. Lastly, it indicates that it has formulated a “triple verification” policy with regard to enterprises and workers to eliminate child labour and promote social responsibility. While noting this information, the Committee urges the Government to take the necessary steps to speed up the adoption of the national plan of action for children to ensure the progressive elimination of all forms of child labour, and not just its worst forms, paying particular attention to children living in rural areas and engaged in hazardous types of work. The Committee also requests the Government to provide updated information on the application of the Convention in practice, including statistics on the employment of children under 14 years of age, extracts from inspection reports, and data on the number and nature of violations reported.

Article 3(2). Determination of hazardous types of work. The Committee previously noted the revised list of hazardous types of work contained in section 136 of the Children’s and Adolescents’ Code of 17 July 2014, and also the Government’s statement that children under 18 years of age are prohibited from carrying out the types of work included in the list. Noting that the list of hazardous types of work contained in section 136 of the Children’s and Adolescents’ Code of 17 July 2014 does not contain a minimum age requirement, the Committee again requests the Government to indicate which provision in its national legislation prohibits children under 18 years of age from engaging in hazardous work.

Article 6. Apprenticeship. In its previous comments, the Committee noted that, under sections 28 and 58 of the General Labour Act, children under 14 years of age may work as apprentices with or without pay, and it reminded the Government that, under Article 6, the Convention does not apply to work done by persons at least 14 years of age in undertakings, where such work is carried out as part of a course of education or a programme of training or guidance. The Committee also noted the Government’s indication that labour inspectors were responsible for implementing measures to ensure that children under 14 years of age do not engage in apprenticeships. The Committee recognized that measures to reinforce the labour inspection services were essential to combat child labour, but noted that labour inspectors needed a basis in law consistent with the Convention to enable them to ensure that children are protected against conditions of work liable to jeopardize their health or development. It noted that, although the Government refers to Act No. 070 Avelino Siñani–Elizardo Pérez of 20 December 2010 which regulates the system of education and apprenticeships, this Act does not prescribe a minimum age for apprentices to work.

The Committee notes with regret that the Government’s report contains no information on the steps taken to prohibit children under 14 years of age from engaging in apprenticeships. Recalling that it has been drawing the Government’s attention to this issue for over a decade, the Committee urges the Government to take the necessary steps to bring the provisions of the national legislation into conformity with Article 6 of the Convention by establishing without further delay a minimum age of at least 14 years for admission to apprenticeships.

The Committee invites the Government to avail itself of technical assistance from the ILO in order to bring its law and practice into conformity with the Convention.