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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the adoption in 2016 of the Social and Economic Development Plan (PDES) 2016-2020, the objectives of which include the eradication of extreme poverty, the universalization of basic services (such as water, transport and housing), the improvement of healthcare and education, and the elimination of hunger and malnutrition. The Committee also notes the Government’s information regarding the various policies and measures adopted within the framework of the PDES to improve the population’s standard of living, particularly groups in vulnerable situations, and the impact of those. The Government indicates that, between 2005 and 2017, there was a gradual reduction in the income gap between the 10 per cent richest and 10 per cent poorest. Poverty fell by 20 per cent and moderate poverty by 22 per cent. Additionally, in 2016, 31 per cent of the population received conditional and unconditional transfers, which were granted to population target groups (children, older persons and mothers). The Government adds that, between 2007 and 2015, 4,305 direct jobs and 27,586 indirect jobs were generated, following the establishment of 13 public enterprises. Regarding measures adopted to ensure maintenance of minimum standards of living of wage earners (Article 5), the Government indicates that, since 2006, based on a tripartite approach, workers’ wages have progressively increased through annual wage agreements with a view to benefiting those sectors that are traditionally excluded. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, age and region, on the measures adopted within the framework of the Social and Economic Development Plan (PDES) 2016-2020, and the results achieved. The Committee also requests the Government to provide detailed and updated information on all measures intended to ensure the improvement in the standards of living of the Bolivian population (Article 2), particularly for groups in vulnerable situations, such as women, young persons, persons with disabilities, older persons, small producers practicing subsistence agriculture and indigenous communities. The Committee also requests the Government to include updated statistical information disaggregated by sex and age, on the impact of such plans on the essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)), in both urban and rural areas.

Article 4. Promotion of productive capacity and the improvement of standards of living of agricultural producers. The Committee notes the detailed information provided by the Government on the implementation of various projects to encourage production of small agricultural producers. The Government refers, among other measures, to the implementation of the SME Productive Programme, whose objective is to provide short, medium and long-term resources to small and medium-sized enterprises for productive activities through intermediate credit institutions. In addition, in 2015, the PROMyPE – JIWASA project was carried out in five of the country’s departments, in collaboration with the Swiss and Danish Governments. The aim of the project is to economically strengthen and support micro and small productive enterprises in peri-urban and urban areas. Further, the Bank for Productive Development has developed activities aimed at those sectors which were previously excluded from traditional funding sources. In this connection, the Government indicates that, between 2008 and 2015, it provided support to 36,488 small producers and 1,418 associations through credits, training and technical assistance. The Government refers to the implementation of the Comprehensive Development Plan for the agricultural and rural sector, and the establishment of agricultural insurance cover, which provides compensation for producers whose land has been affected by natural disasters. The Committee notes, however, the direct import and marketing by the Government of inputs for production through the Bolivia Input programme. Furthermore, under Supreme Decree No. 2738 of 20 April 2016, the Bolivian Social Seal was created, which aims at identifying and promoting production from sustainable family agriculture in order to establish a more favourable position on the domestic market for this production. Lastly, the Government reports the establishment of a coordination process for indigenous peoples and farmers as suppliers for public enterprises within the framework of the “Service for the development of productive public enterprises (SEDEM)” by offering a fair price for their products and improving their conditions of production. The Committee requests the Government to continue providing detailed and updated information on the measures adopted with a view to promoting productive capacity and improving standards of living of agricultural producers, as well as the outcome of such measures.

Part III. Migrant workers. In its previous comments, the Committee requested the Government to provide information on the transfer of Bolivian migrant workers’ resources to their regions of origin and on their wage conditions. It also requested the Government to provide information on migratory movements to and from Argentina and the situation of sugar and tobacco workers. The Government indicates that there are no regulations governing the transfer of Bolivian migrant workers’ resources to their regions of origin, as the workers have total freedom to dispose of their wages. With respect to migratory movements to and from Argentina, the Government indicates that, while the migration of Bolivians outside the country has been considerable since 2003, this migratory flow is of a temporary nature as the workers return once the high season of sugar cane harvesting activities is over. The Government reports that in 2017 and 2018, 97,973 Bolivians left to work in Argentina on a temporary basis. With regard to tobacco production in Bolivia, the Government indicates that in 2018 tobacco producers changed 75 per cent of their crops for corn and bean crops, owing to the heavy rainfall. The greatest increase in crop cultivation has been in sugar cane, which rose by 9.1 per cent in 2018. With regard to the applicable legislation in this sector, the Government refers to Supreme Decree No. 20255 of 24 May 1984, which establishes rights and obligations relating to paid work by sugar cane harvesters and cotton pickers. The Committee notes, however, that the Government does not provide any information regarding the pay conditions of Bolivian migrant workers. The Committee reiterates its request to the Government to provide detailed and updated information on the pay conditions of Bolivian migrant workers. The Committee also requests the Government to provide updated and detailed information on the impact of all measures adopted to ensure that family needs are taken into account in the working conditions of migrant workers, both national and international, who are obliged to live away from their homes. The Committee also requests the Government to supply updated statistical information disaggregated by sex on the number of migrant workers obliged to live away from their homes.

Part IV. Remuneration of the workers. In its previous comments, the Committee requested the Government to provide information on the impact of the new regulation on financial services to protect wage earners and independent producers against usury. It also requested the Government to provide information on the manner in which the decisions from courts of law or other tribunals or administrative decisions had enabled advances on wages to be regulated and limited. The Committee notes, however, the Government’s indication that national legislation does not provide for advances on wages. The Government adds that, while payment intervals are generally monthly, weekly and daily payments can also be made. In such cases, the competent authority checks that the total wages received during a month is not less than the national minimum wage. With regard to monitoring the payment of wages, the Government refers to the adoption of Supreme Decree No. 3433 of 13 December 2017, which provides for the establishment of the compulsory register of employers. Section 5 of this Decree establishes the obligation for employers to submit monthly payrolls for their workers, with a view to monitoring compliance with the timely payment of workers’ wages. The Committee also notes the measures adopted to protect wage earners and independent producers against usury. In this regard, the Government refers to section 59 of Act No. 393 of 21 August 2013 on financial services, which introduces, through the Financial Stability Board (CEF), maximum limits on active interest rates for funding allocated to the production sector and social housing. To that end, Supreme Decree No. 1842 of 18 December 2013 was adopted, which provides for the establishment of minimum credit portfolio levels for loans for the production sector and social housing, to be upheld by financial intermediaries. The Government also refers to section 5 of Supreme Decree No. 2055 of 10 July 2014, which determines the maximum annual interest rates for credit for the productive sector, depending on the size of the productive unit. Lastly, the Committee notes the establishment of the Savers’ Protection Fund, aimed at protecting the savings of natural and legal persons deposited with financial intermediary entities, as well as the adoption of models and formats of all standard contracts for the authorized operations, to prevent users from being exploited. The Committee requests the Government to continue sending detailed and updated information on the measures adopted to encourage wage earners and independent producers to engage in one of the forms of voluntary forms of thrift set out in the Convention. It also requests the Government to provide specific and detailed information on the measures adopted to protect wage earners and independent producers against usury, specifying in particular the measures taken to reduce loan interest rates by monitoring the operations of lenders and increasing facilities for obtaining loans for appropriate ends through cooperative credit unions or institutions subject to the monitoring of the competent authority.

Part VI. Vocational education and training. In reply to the Committee’s previous comments, the Government indicates that, in accordance with section 17 of the Constitution, all persons are entitled to receive universal, productive, free, integrated and intercultural education at every level, without discrimination. The Committee notes the measures adopted for the progressive development of broad systems of education, vocational training and apprenticeship. Further, the Government refers to the adoption of various measures regarding training in new techniques of production, such as the creation in 2008 of “Pro-Bolivia”, an institution that carries out activities of investigation, innovation, technical assistance, training and funding for small productive units and micro and small enterprises, aimed at increasing productivity. Thirteen technological centres for productive innovation (CETIP) were also established with a view to improving the technical skills and incorporation of technology into micro and small enterprises, and the skills certification processes for producers. The Committee requests the Government to continue providing detailed and updated information on the measures taken for the progressive development of broad systems of education, vocational training and apprenticeship, and the manner in which training in new techniques of production have been organized as part of the policy that gives effect to the Convention (Articles 15 and 16).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s detailed report received in September 2013 in which it highlights the change towards a new model of economic and social development, the results of which are beginning to be seen in the redressal of economic inequality, the social inclusion of the indigenous population and the eradication of poverty. The Committee notes the information provided by the Government concerning the results of the National Development Plan (PND). The Committee notes the establishment of the Food Production Support Enterprise (EMAPA), the purpose of which is to support the food production chain, agriculture and stock-raising and agro-industry. In 2012, the activities of EMAPA benefited 3,336 farmers. The Committee invites the Government to continue supplying up-to-date information 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). Furthermore, the Committee invites the Government to continue supplying information on government initiatives adopted to improve the standards of living of agricultural producers; and requests it to include in its next report information on the results obtained through those initiatives and through those intended to promote productive capacity (Article 4). The Committee also invites the Government to indicate the manner in which “essential family needs of the workers such as food and its nutritive value, housing, clothing, medical care and education” have been taken into account (Article 5(2)).

Article 4. The Committee notes the implementation of various projects to promote rural production and the adoption of Act No. 144 on community agricultural and stock-raising production revolution, in June 2011. The Committee invites the Government to continue providing information on the measures adopted and their impact on the improvement of productive capacity and of standards of living of agricultural producers.

Part III. Migrant workers. The Committee notes that the 2013 Migration Act provides, in section 49, that migrant workers shall have the right to transfer their income and savings, in particular the funds necessary for the maintenance of their families, either to their country of origin or to any other country. The Committee invites the Government to include in its next report information on the transfer of Bolivian migrant workers’ resources to their regions of origin and on their wage conditions (Articles 7 and 8 – see also Article 14(3)). Please include information on migratory movements to and from Argentina and the situation of sugar and tobacco workers.

Part IV. Remuneration of the workers. In response to the previous comments, the Government indicates that it has not regulated the matters covered by Article 12 of the Convention. The Committee once again requests the Government to include in its next report information to enable it to examine court or administrative decisions that have regulated and limited advances on wages (Article 12).

Voluntary forms of thrift. The Government indicates that the Act on financial services, or the Banks Act, is in the process of being approved. The Act will enable the State to regulate and control banking operations, including fixing the rate of interest. The Committee invites the Government to provide information on the impact of the new regulation of financial services on the protection of wage earners and independent producers against usury (Article 13(2)).

Part VI. Vocational education and training. The Committee refers to its previous comments and invites the Government to include information in its next report on the measures taken to progressively develop a broad system of education, vocational training and apprenticeship and on the way in which training in new production techniques has been organized as part of the policy giving effect to the Convention (Articles 15 and 16).

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

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).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In relation to its 1999 direct request, the Committee notes the information provided in a detailed report received in June 2002. The Committee intends to continue examining the effect given to Convention No. 117, taking into account the issues closely linked to its application that are raised concerning the application of 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).

2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government could include, in its next report on Convention No. 117, an update on the way in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and information on the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that in order to ascertain the minimum standards of living of independent producers and wage earners “account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education” (Article 5, paragraph 2, of the Convention).

3. Article 4. The Committee would like to receive updated information on the incorporation of salaried rural workers into the general labour law and would be grateful if the Government’s next report could include an indication of the progress made in the land allocation process (the abovementioned provision of the Convention lists measures “for the promotion of productive capacity and the improvement of standards of living of agricultural producers”).

4. Part III. Migrant workers. 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 would be grateful if the Government could include, in its next report, information on the transfer of Bolivian migrant workers’ resources to the area of labour supply and on their conditions of pay (Articles 7 and 8 – see also Article 14, paragraph 3). In particular, please provide information on migratory movements with Argentina and the situation of sugar and tobacco workers. The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In this regard, in the conclusions on a fair deal for migrant workers in a global economy, the International Labour Conference adopted a non-binding multilateral framework for migrant workers, developed in agreement with the tripartite constituents, to assist member States in developing labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.

5. Part IV. Remuneration of workers. The Committee refers to its pending comments on the application of the Minimum Wage Fixing Convention, 1970 (No. 131). In its previous comments on Convention No. 117, the Committee expressed its concern regarding the payment of owed wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee hopes that the Government’s next report on the application of Convention No. 117 will contain information on how judicial decisions have allowed 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, paragraph 2).

6. Part VI. Education and training. Please indicate the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and 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).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. In relation to its 1999 direct request, the Committee notes the information provided in a detailed report received in June 2002. The Committee intends to continue examining the effect given to Convention No. 117, taking into account the issues closely linked to its application that are raised concerning the application of 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).

2. Parts I and II of the Convention. Improvement of standards of living. The Committee would be grateful if the Government could include, in its next report on Convention No. 117, an update on the way in which it is ensured that "the improvement of standards of living" is regarded as "the principal objective in the planning of economic development" (Article 2 of the Convention) and information on the results achieved in its fight against poverty. In this regard, the Committee reminds the Government that in order to ascertain the minimum standards of living of independent producers and wage earners "account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education" (Article 5, paragraph 2, of the Convention).

3. Article 4. The Committee would like to receive updated information on the incorporation of salaried rural workers into the general labour law and would be grateful if the Government’s next report could include an indication of the progress made in the land allocation process (the abovementioned provision of the Convention lists measures "for the promotion of productive capacity and the improvement of standards of living of agricultural producers").

4. Part III. Migrant workers. 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 would be grateful if the Government could include, in its next report, information on the transfer of Bolivian migrant workers’ resources to the area of labour supply and on their conditions of pay (Articles 7 and 8 - see also Article 14, paragraph 3). In particular, please provide information on migratory movements with Argentina and the situation of sugar and tobacco workers. The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices involving migrant workers and their families. In this regard, in the conclusions on a fair deal for migrant workers in a global economy, the International Labour Conference adopted a non-binding multilateral framework for migrant workers, developed in agreement with the tripartite constituents, to assist member States in developing labour migration policies (Provisional Record No. 22, page 62 onwards, ILC, 92nd Session, Geneva 2004). The Government may consider this multilateral framework when taking measures to ensure the protection of migrant workers, as provided for in the Convention.

5. Part IV. Remuneration of workers. The Committee refers to its pending comments on the application of the Minimum Wage Fixing Convention, 1970 (No. 131). In its previous comments on Convention No. 117, the Committee expressed its concern regarding the payment of owed wages, unauthorized deductions and advances on wages that may cause rural workers to fall into debt. The Committee hopes that the Government’s next report on the application of Convention No. 117 will contain information on how judicial decisions have allowed 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, paragraph 2).

6. Part VI. Education and training. Please indicate the measures taken to progressively develop broad systems of education, vocational training and apprenticeship and 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).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 7 of the Convention. The Committee notes the Government’s reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form.

  Article 8. The Committee notes with interest that the Government indicates that an agreement was signed on 16 February 1998 between the Foreign Ministers of Bolivia and Argentina to legalize the situation of 700,000 Bolivians residing illegally on Argentinian territory. The agreement covers the following: (i) employment conditions and the possibility for Bolivian citizens to accede to social security benefits, (ii) the right for immigrants of the parties to transfer wages and personal savings freely to their countries of origin, and (iii) equal rights of access to education for the children of immigrants. The Committee would be grateful to receive a copy of the text of this agreement.

  Article 15, paragraph 3, read jointly with Part V of the report form. The Committee notes the Government’s indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 7 of the Convention.  The Committee notes the Government’s reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form.

  Article 8.  The Committee notes with interest that the Government indicates that an agreement was signed on 16 February 1998 between the Foreign Ministers of Bolivia and Argentina to legalize the situation of 700,000 Bolivians residing illegally on Argentinian territory. The agreement covers the following: (i) employment conditions and the possibility for Bolivian citizens to accede to social security benefits, (ii) the right for immigrants of the parties to transfer wages and personal savings freely to their countries of origin, and (iii) equal rights of access to education for the children of immigrants. The Committee would be grateful to receive a copy of the text of this agreement.

  Article 15, paragraph 3, read jointly with Part V of the report form.  The Committee notes the Government’s indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report in response to its earlier comments.

Article 7 of the Convention. The Committee notes the Government's reference to the draft text of the Supreme Decree to include salaried workers of the rural areas within the scope of the general labour law, which has been prepared with ILO technical assistance and in consultation with the social partners. The Committee requests the Government to supply a copy of the text of this Decree after its adoption. The Committee also requests the Government to continue supplying information on the measures taken under ILO technical assistance, and on the application in practice of the Convention in conformity with Part V of the report form.

Article 8. The Committee notes with interest that the Government indicates that an agreement was signed on 16 February 1998 between the Foreign Ministers of Bolivia and Argentina to legalize the situation of 700,000 Bolivians residing illegally on Argentinian territory. The agreement covers the following: (i) employment conditions and the possibility for Bolivian citizens to accede to social security benefits, (ii) the right for immigrants of the parties to transfer wages and personal savings freely to their countries of origin, and (iii) equal rights of access to education for the children of immigrants. The Committee would be grateful to receive a copy of the text of this agreement.

Article 15, paragraph 3, read jointly with Part V of the report form. The Committee notes the Government's indication that section 4 of Act No. 1565 of 7 July 1994 provides that "in the same manner, employers in the mining and agricultural industries and those in commerce, and those who have in their employment persons below school leaving age, including those working as domestic workers, must send them to school or provide for them the means to attain literacy." The Committee requests the Government to indicate the measures taken or envisaged to ensure the effective prohibition of the employment of persons below school leaving age, during school hours, in regions where there are sufficient educational facilities for the majority of such persons, in conformity with these provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Articles 6 and 9 of the Convention. In its previous request, the Committee took note of Supreme Decrees Nos. 19524 of 23 April 1983 and 20255 of 24 May 1985 which regulate the terms and conditions of employment of the workers temporarily employed for sugar cane and cotton harvest. It requests the Government to supply information, in accordance with its intention as expressed in the report, on any further measures taken regarding the terms and conditions of their employment and on similar measures taken or envisaged in respect of other categories of migrant workers, as well as information on the practical application of these Supreme Decrees in accordance with point V of the report form.

Article 7. The Committee requests the Government to supply in its future reports information on any measures taken or envisaged to encourage the transfer of part of the workers' wages and savings from the area of labour utilization to the area of labour supply, in accordance with this provision of the Convention.

Article 8. The Committee notes the Government's indication of efforts made for updating the Agreement concluded in May 1964 between the Governments of Bolivia and of Argentina for regulating the work of Bolivian temporary labourers in sugar and tobacco establishments in Argentina, which the Committee noted in its previous request.

The Committee recalls that it requested the Government to supply information on measures taken or envisaged to give effect to paragraph 3 of this Article concerning facilities for enabling the worker to transfer part of his wages and savings to his home. The Committee asks the Government to provide information on the development towards the updating of the above Agreement, with particular reference to this point.

The Committee also noted the Government's reference in its previous report to a project of repatriation from Argentinean territory of about 100,000 Bolivian migrants with the cooperation of the International Organization for Migration. It again requests the Government to supply information on the development of this matter.

Article 15, paragraphs 1 and 3. The Committee previously noted that section 7, second paragraph, of Supreme Decree No. 20255 provides for the obligation for the employer to pay for the transport of children of the worker under the age of 14 years. In the absence of reply in this regard, the Committee again requests the Government to indicate whether educational facilities are available for these children accompanying the sugar-cane and cotton harvest workers, and if so, whether the employment of those below the school-leaving age during school hours is prohibited. It also requests the Government to supply information on measures taken for the progressive development of education, vocational training and apprenticeship in the whole country.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government regarding, in particular, Article 16 of the Convention. It requests the Government to provide further information on the following points:

Articles 6 and 9 of the Convention. Further to its previous request, the Committee takes note of Supreme Decrees Nos. 19524 of 23 April 1983 and 20255 of 24 May 1985 which regulate the terms and conditions of employment of the workers temporarily employed for sugar cane and cotton harvest. It requests the Government to continue supplying information on any further measures taken regarding the terms and conditions of their employment and on similar measures taken or envisaged in respect of other categories of migrant workers, as well as information on the practical application of these Supreme Decrees in accordance with Point V of the report form.

Article 7. The Committee notes the Government's repeated indication that the transfer of part of the workers' wages and savings is done by their own account. It requests the Government to keep the matter under review and to report on any measures taken or envisaged to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply, in accordance with this provision of the Convention.

Article 8. The Committee notes with interest the copy transmitted by the Government of the Agreement concluded in May 1964 between the Governments of Bolivia and of Argentina for regulating the work of Bolivian temporary labourers in sugar and tobacco establishments in Argentina. It notes that article 2 of this Agreement provides for the application to the labourers concerned of the labour legislation in force in Argentina and of the collective agreements accorded in the same kind of activities, giving effect to paragraph 2 of this Article.

The Committee further notes that article 16 of the 1964 Agreement allows the labourers to bring with them on their return to Bolivia, articles of primary necessity and of personal use free of export retention in Argentina up to a prescribed value, but that there are no provisions in the Agreement concerning facilities for enabling the worker to transfer part of his wages and savings to his home. The Committee therefore requests the Government to supply information on measures taken or envisaged to give effect to paragraph 3 of this Article, and also to communicate a copy of model contract of labour referred to in article 10 of the 1964 Agreement.

The Committee also notes the Government's reference to a project of repatriation from Argentinian territory of about 100,000 Bolivian migrants with the cooperation of the International Organisation for Migration and requests the Government to keep it informed of the development of this matter.

Article 15, paragraphs 1 and 3. The Committee notes the Government's indication of the efforts by the Governments of Argentina and of Bolivia to provide public schools for the children of Bolivian migrants. It notes that section 7, second paragraph, of Supreme Decree No. 20255 provides for the obligation for the employer to pay for the transport of children of the worker under the age of 14 years. The Committee requests the Government to indicate whether educational facilities are available for these children accompanying the sugar cane and cotton harvest workers, and if so, whether the employment of those below the school-leaving age during school hours is prohibited. Please also continue supplying information on measures taken for the progressive development of education, vocational training and apprenticeship in the whole country.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information supplied by the Government and recalls that a number of the points covered by the Articles of this Convention are more extensively dealt with in other Conventions ratified by Bolivia and that, in a number of cases, these points are examined in the context of the other Conventions.

The Committee once again recalls more generally that the Labour Code is not applicable to workers in agriculture, and that consequently these workers do not enjoy legal protection in respect of some areas covered by this Convention. As the Government has been referring for some time to its intention to adopt new labour legislation which would provide protection for these workers, the Committee hopes that measures will soon be taken in this respect.

Article 6 of the Convention. The Committee notes the information supplied by the Government and would be grateful if it would transmit a copy of DS 20255 of 24 May 1984. It would also be grateful if the Government would supply the information called for by the report form concerning the steps taken to give effect to Article 9.

Article 7. The Committee notes the Government's comment to the effect that the transfer of part of the workers' wages and savings, provided for in this Article, remains at the free initiative of the workers. The Committee recalls that this Article provides expressly that measures shall be taken to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply. Consequently, the Committee would be grateful if the Government would report on the measures that have been taken or that are being contemplated to give effect to this Article.

Article 8. The Committee notes the information supplied with regard to international migrations for employment. The Committee would be grateful if the Government would transmit a copy of the agreement concluded in 1964 on this matter with the Government of Argentina, and the new text of the agreement adopted by both Governments in which it hopes that account has been taken of the suggestions of this Committee. Please also supply information on the measures taken to give effect to Article 14, paragraph 3.

Article 15, paragraphs 1 and 3. The Committee notes the information supplied by the Government and would be grateful if the Government would provide fuller information concerning the development of systems of education, vocational training and apprenticeship (paragraph 1) and with regard to the proportion of children for whom educational facilities are available (paragraph 3).

Article 16. The Committee notes the information supplied by the Government and would be grateful if the Government would indicate whether, in the preparation of the programmes carried out by the National Manpower Training Service (FOMO), consultations were held with the employers' and workers' organisations concerned, or whether such consultations were held within the framework of other institutions.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the information supplied by the Government and recalls that a number of the points covered by the Articles of this Convention are more extensively dealt with in other Conventions ratified by Bolivia and that, in a number of cases, these points are examined in the context of the other Conventions.

The Committee once again recalls more generally that the Labour Code is not applicable to workers in agriculture, and that consequently these workers do not enjoy legal protection in respect of some areas covered by this Convention. As the Government has been referring for some time to its intention to adopt new labour legislation which would provide protection for these workers, the Committee hopes that measures will soon be taken in this respect.

Article 6 of the Convention. The Committee notes the information supplied by the Government and would be grateful if it would transmit a copy of DS 20255 of 24 May 1984. It would also be grateful if the Government would supply the information called for by the report form concerning the steps taken to give effect to Article 9.

Article 7. The Committee notes the Government's comment to the effect that the transfer of part of the workers' wages and savings, provided for in this Article, remains at the free initiative of the workers. The Committee recalls that this Article provides expressly that measures shall be taken to encourage the transfer of part of the workers' wages and savings from the area of labour utilisation to the area of labour supply. Consequently, the Committee would be grateful if the Government would report on the measures that have been taken or that are being contemplated to give effect to this Article.

Article 8. The Committee notes the information supplied with regard to international migrations for employment. The Committee would be grateful if the Government would transmit a copy of the agreement concluded in 1964 on this matter with the Government of Argentina, and the new text of the agreement adopted by both Governments in which it hopes that account has been taken of the suggestions of this Committee. Please also supply information on the measures taken to give effect to Article 14, paragraph 3.

Article 15, paragraphs 1 and 3. The Committee notes the information supplied by the Government and would be grateful if the Government would provide fuller information concerning the development of systems of education, vocational training and apprenticeship (paragraph 1) and with regard to the proportion of children for whom educational facilities are available (paragraph 3).

Article 16. The Committee notes the information supplied by the Government and would be grateful if the Government would indicate whether, in the preparation of the programmes carried out by the National Manpower Training Service (FOMO), consultations were held with the employers' and workers' organisations concerned, or whether such consultations were held within the framework of other institutions.