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

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Bolivia (Plurinational State of) (Ratification: 1977)

The Committee notes the Government's report received in June 1998. It notes with regret that the Government has provided no element of reply to the Committee's previous observation.

In this situation, the Committee wishes to express its deep concern that, since the adoption of the Supreme Decree No. 22-578 of 13 August 1990, the Bolivian social security system no longer provides for the payment of family benefit as prescribed by Article 42, Part VII (Family benefit), of the Convention. It would like to remind once again that in ratifying Convention No. 102 and freely accepting its obligations in respect of Part VII, the Government placed itself under a legally binding international obligation to guarantee in its national law and practice the provision of the family benefit to the persons protected. In the light of the above, the Committee strongly hopes that the Government will not fail to adopt in the near future the necessary measures to re-establish a family benefit scheme conforming to the provisions of the Convention.

The Committee is further concerned with the fact that the Government does not reply to the communication from the World Federation of Trade Unions, a copy of which was sent to it in August 1997 and which called for a factual analysis of the application of Convention No. 102 by the Government of Bolivia in the light of the new Law on Pensions, No. 1732 of 1996. In this respect the Committee notes the further communication of 14 June 1999, transmitted to the Government the same month, by the Central Obrera Boliviana (COB) alleging violation of the basic principles of social security established by Conventions Nos. 102 and 128. The Committee takes up these questions in detail in its comments under the latter Convention and would like the Government to refer to them. It trusts that the Government's next report will contain detailed information on the applicable branches of Convention No. 102 in the light of the social security legislation currently in force in Bolivia, as well as a detailed reply to the observations made in this respect by the abovementioned trade union organizations.

[The Government is asked to report in detail in 2000.]