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

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

The Committee notes the reports supplied in 2012 by the Government under Conventions Nos 102, 121 and 130 which indicate certain achievements since the adoption of the new Pensions Act in 2010 in terms of extending coverage, increasing the level of benefits and improving the collection of contributions. The Committee observes, however, that the main challenges stated in its 2011 observation remain the same, given that only 34 per cent of the population has health coverage and 13.75 per cent has pension insurance. The Committee would therefore like the Government, in its next report, to reply in more detail to the general observation formulated by the Committee in 2011 in the context of the major structural reforms and to supply the following statistical information in the format required by the report form:

• -Convention No. 102:

Part II. Medical care. Article 9 of the Convention (in conjunction with Article 76). Persons protected.

Part VII. Family benefit. Article 41 (in conjunction with Article 76). Persons protected.

Article 44. Total value of benefits granted.

Part VIII. Maternity benefit. Article 48 (in conjunction with Article 76). Persons protected.

Article 50 (in conjunction with Articles 65, 66 or 67). Level of periodical payments.

• -Convention No. 121:

Article 4. Persons covered.

Articles 14 and 18 (in conjunction with Articles 19 or 20). Level of periodical payments.

• -Convention No. 130:

Article 19. Persons covered.

Article 21 (in conjunction with Articles 22 or 23). Level of periodical payments.

The Committee draws the Government’s attention to the possibility of requesting the technical assistance of the Office on the quantitative requirements of the Convention, including the scope of coverage for each of the covered contingencies, the level of periodical payments (calculated according to the requirements set out by the above provisions), or the proportion of the financial resources constituted by the insurance contributions of employees protected (Article 71(2) of Convention No. 102).

Temporary exceptions made upon the ratification of Conventions Nos 102, 121 and 130 in 1977. The Committee notes that the Government has availed itself of the possibility provided by these instruments to temporarily restrain the circle of persons protected and their benefit entitlements under these instruments in situations in which the economic and medical facilities are insufficiently developed. The Committee observes however that the information provided in the reports does not refer to the temporary exceptions but instead to the general provisions of the Conventions. The Committee welcomes this initiative and wishes to encourage the Government to formally supply a declaration stating that it renounces the temporary exceptions made upon the ratification of these Conventions, as prescribed by their relevant provisions.

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

In reply to the Committee’s previous observation concerning Conventions Nos 102, 121, 128 and 130, the Government explained, in its report received in August 2010, that the new Political Constitution of the State has established a new hierarchy of legal standards. This new hierarchy gives precedence over national law to international instruments including the Conventions of the International Labour Organization (ILO) ratified by the Plurinational State of Bolivia, a hierarchy that differs from the one existing under the Political Constitution of the State of 1967. The Government also stated that the Plurinational State of Bolivia must adopt new legislation as soon as possible (acts, supreme decrees and other legal instruments), reflecting the new spirit of the Constitution in force. Accordingly, the State and the Bolivian Workers’ Federation (COB) signed a framework agreement for the reform of Bolivian social security legislation, and it was agreed to amend the parameters concerning retirement in terms that would imply greater solidarity for affiliated workers. The abovementioned plans for social security reform maintain the financial system of individual capitalization and establish a solidarity component. Referring to its 2011 General Survey Social security and the rule of law (paras 451–452), the Committee welcomes the reinforcement of the involvement of the Bolivarian State and the reconstruction of solidarity mechanisms based on the principle of collective financing as major components of national social security systems. The Committee considers that the principles of collective financing and social solidarity are a powerful weapon against poverty and an effective instrument for making societies more equal and just. Besides improving social security administration, management and supervision, public systems more readily abide by the governance principles set out in ILO social security instruments. The Committee therefore expresses the firm hope that all future reforms of the social security system, such as the reform of the pensions system currently under way, will be based on the principles of solidarity and collective financing established in the new Political Constitution and by the ILO Conventions ratified by Bolivia. Moreover, the Committee notes that the Government has not replied to its observations concerning the extension and restructuring of the social security scheme and the creation of a national strategy for the development of social security. The Committee trusts that the Government, in its next detailed report which it is due to present before 1 September 2012, will reply to the questions raised in its previous observation, which read as follows:

Extension and restructuring of the social security scheme

The level of coverage of the social security scheme currently remains one of the lowest in the region. However, a number of recent measures have resulted in progress being made, with regard to health protection, through the introduction of universal insurance for mothers and children (SUMI) and free old-age medical insurance (SMVG). However, the health system remains very fragmented between the public assistance targeting the most vulnerable, the social security scheme directed at the employed population and their beneficiaries, and the private actors focusing on the higher income brackets. A rational restructuring would allow efforts to increase membership of the system to be coordinated, a series of basic health benefits to be defined giving effect in practice to the right to health protection for all and major economies of scale to be made with regard to both administrative management costs and the financing of care facilities.

Membership of the pension scheme also remains very low despite the introduction in 1997 of the new funded pension scheme which replaced the pay-as-you-go scheme based on solidarity. In order to remedy that situation, the Government recently established a universal non-contributory pension paid to all persons over 65 years of age, which has produced tangible results. A reform of the pension system is currently under way and a bill has already been approved by the Chamber of Deputies and is to be submitted to the Senate. The bill establishes a mixed pension scheme comprising a contributory and semi-contributory scheme and a non-contributory system. It also creates an invalidity and survivors’ scheme for common and occupational risks, as well as a specific invalidity and survivors’ insurance scheme for self-employed workers.

According to the 2009 ILO study, the weak coverage of the social security system with regard to health protection and pensions is largely due to the structure of the labour market and the fact that the social security scheme is essentially focused on covering the employed population benefiting from a relatively stable formal employment relationship and working essentially in large urban enterprises. However, given that this workforce accounts for only 25 per cent of the total workforce, the large majority of the economically active population, which comprises self-employed, domestic and rural workers, is excluded from the compulsory social security scheme, even though they represent more than two thirds of the country’s population. This situation is compounded by considerable evasion of contributions even within the formal economy. The combination of these two factors leads to a very low overall rate of health coverage of the economically active population (13.5 per cent in 2003). Access to health services in rural areas remains very limited with only 6 per cent of the rural population being covered. Furthermore, the high number of actors and the lack of coordination constitute yet more factors which contribute to keeping the coverage of the population at a very low level and perpetuating the lack of a comprehensive strategy in this regard. As regards old-age, invalidity and survivors’ risks, the Government indicated in its report that only 38 per cent of employees of large enterprises employing over 20 persons are covered. The economically active persons affiliated to the old-age, invalidity and survivors’ scheme represented only 5 per cent of the total number of residents. The problem of poor coverage is particularly pronounced with regard to self-employed workers and in agriculture, with only 4 per cent of Bolivian self-employed workers being affiliated to a pension fund administrator in 2007. In view of these factors, there is a need to adjust the Bolivian social security model in line with the economic and social reality of predominantly self-employed informal employment. The gradual compulsory membership of self-employed workers is a possible means of ensuring coverage of a large proportion of the population not yet benefiting from any social security coverage. State support in the form of social contribution subsidies would be an important component to ensure the success of such an initiative. The Committee would be grateful if the Government would provide information in its next report on the solutions found to increase the rates of membership and coverage and indicate the progress made with regard to reforming both the pension scheme and the health scheme.

The separation, since 1987, of the management of the short-term benefits scheme and the basic long-term scheme has resulted in each of these schemes devoting a significant proportion of their resources to the performance of administrative and operational functions, particularly those relating to membership and the collection of social contributions. Studies show that the establishment of centralized management with regard to the collection of benefits and supervision of compliance with the obligation to join the social security scheme would allow significant results to be achieved in terms of coverage and would ensure better coordination, planning and linking of strategic activities regarded as priorities from the point of view of the entire system. The creation of an independent specialized body responsible solely for supervising and controlling the social security system, without participating in the management of the system’s programmes, is another necessary component for the proper operation and viability of social security systems. The Committee requests the Government to provide information on the structural measures taken or envisaged with a view to optimizing the structure of the social security system.

Creation of a national strategy for the development of social security

In 2001, the International Labour Conference (ILC) reaffirmed the central role of social security and reiterated that it was a challenge which all member States had to tackle as a matter of urgency. The resolution adopted by the ILC in 2001 recognizes that “the highest priority should be given to policies and initiatives that bring social security to those who are not covered by existing systems”. To achieve that objective, the Conference urged every country to devise a national strategy closely linked to other social policies. States such as Bolivia which are party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) are also required, according to the general observations made in 2007 by the United Nations Committee on Economic, Social and Cultural Rights (CESCR), to devise a national strategy for the comprehensive implementation of the right to social security and to allocate sufficient budgetary and other resources at the national level. The Committee considers that the need to devise a national strategy arises from the general responsibility of the State, established by Convention No. 102, to ensure the continuity and proper operation of the social security system. The launch of a national strategy designed to ensure the strengthening and sustainable development of the social security scheme, taking into account the above concerns, would allow the State to exploit to the full all the potential offered by international social security standards with a view to ensuring the proper administration of schemes and enabling the gradual extension of coverage to the entire population. The Committee draws the Government’s attention to the possibility of making greater use of technical assistance from the ILO with a view to devising, together with the social partners, a national strategy for the sustainable development of social security.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Bolivia has accepted the Parts of the Social Security (Minimum Standards) Convention, 1952 (No. 102), concerning medical care, sickness benefit, old-age benefit and survivors’ benefit. It has also ratified Conventions Nos 121, 128 and 130 which set higher objectives relating to social protection. Given that the problems relating to the application noted by the Committee are essentially the same for all these Conventions and are of a systemic nature, the Committee wished to make a number of general observations concerning all the international obligations arising from these instruments for Bolivia. It referred to the information provided by the Government and to the studies carried out by the ILO concerning the Bolivian social security system (Diagnóstico del Sistema de Seguridad Social, April 2009).

Recognition of the right to social security by the new
Political Constitution of Bolivia

Since February 2009, a new Political Constitution has guaranteed the right of citizens to benefit free of charge from social security based on the principles of universality, comprehensiveness, equity, solidarity, standardized management, economy, opportunity, inter-cultural approach and efficiency (articles 35–45). Under the new Constitution, the State shall be responsible for administering the system under the supervision and with the participation of the social partners. The Constitution extends the right to medical care to the entire population and lays down the duty of the State to protect the right to health, in particular by promoting free access by the population to health services. The State has a duty to ensure access to universal health insurance and the irrevocable obligation to guarantee, financially support and ensure the right to health. The Constitution also expressly guarantees the right to a universal, solidarity-based and fair old-age pension, as well as the principle that public social security services will not be privatized or contracted out.

Under article 256 of the new Constitution, the rights recognized by the Constitution shall be interpreted in accordance with the provisions of the international Conventions ratified by Bolivia whenever those conventions contain more favourable standards. Article 410 of the new Constitution provides that the international treaties and agreements ratified by Bolivia form part of the constitutional provisions and take precedence over laws. The Government emphasizes in this regard that, contrary to the situation which prevailed under the former Constitution, international labour Conventions are therefore placed above national laws. For that reason, the Government envisages drafting new laws and regulations to give effect to the international labour Conventions ratified by Bolivia.

The Committee notes with the greatest interest the adoption of the new Constitution which establishes a series of basic principles with regard to social security and the provisions of which are among the most progressive in Latin America. It also notes that the recognition under the Constitution of the principle of the supremacy of international law over national law paves the way for the use by Bolivia of international social security standards as a regulatory framework and legal lever for putting the social security system on the road to sustainable development.

The Committee would be grateful if the Government would indicate whether it intends to examine the current social security legislation in the light of the provisions of the ILO Conventions ratified by Bolivia. It hopes that any future reforms of the social security system, such as the reform currently under way of the pension system, will be based on the principles of solidarity and collective financing enshrined in the country’s new Political Constitution and aimed at the gradual extension of the benefit of social protection to the entire population of Bolivia.

Extension and restructuring of the social security scheme

The level of coverage of the social security scheme currently remains one of the lowest in the region. However, a number of recent measures have resulted in progress being made, with regard to health protection, through the introduction of universal insurance for mothers and children (SUMI) and free old-age medical insurance (SMVG). However, the health system remains very fragmented between the public assistance targeting the most vulnerable, the social security scheme directed at the employed population and their beneficiaries, and the private actors focusing on the higher income brackets. A rational restructuring would allow efforts to increase membership of the system to be coordinated, a series of basic health benefits to be defined giving effect in practice to the right to health protection for all and major economies of scale to be made with regard to both administrative management costs and the financing of care facilities.

Membership of the pension scheme also remains very low despite the introduction in 1997 of the new funded pension scheme which replaced the pay-as-you-go scheme based on solidarity. In order to remedy that situation, the Government recently established a universal non-contributory pension paid to all persons over 65 years of age, which has produced tangible results. A reform of the pension system is currently under way and a bill has already been approved by the Chamber of Deputies and is to be submitted to the Senate. The bill establishes a mixed pension scheme comprising a contributory and semi-contributory scheme and a non-contributory system. It also creates an invalidity and survivors’ scheme for common and occupational risks, as well as a specific invalidity and survivors’ insurance scheme for self-employed workers.

According to the 2009 ILO study, the weak coverage of the social security system with regard to health protection and pensions is largely due to the structure of the labour market and the fact that the social security scheme is essentially focused on covering the employed population benefiting from a relatively stable formal employment relationship and working essentially in large urban enterprises. However, given that this workforce accounts for only 25 per cent of the total workforce, the large majority of the economically active population, which comprises self-employed, domestic and rural workers, is excluded from the compulsory social security scheme, even though they represent more than two‑thirds of the country’s population. This situation is compounded by considerable evasion of contributions even within the formal economy. The combination of these two factors leads to a very low overall rate of health coverage of the economically active population (13.5 per cent in 2003). Access to health services in rural areas remains very limited with only 6 per cent of the rural population being covered. Furthermore, the high number of actors and the lack of coordination constitute yet more factors which contribute to keeping the coverage of the population at a very low level and perpetuating the lack of a comprehensive strategy in this regard. As regards old-age, invalidity and survivors’ risks, the Government indicated in its report that only 38 per cent of employees of large enterprises employing over 20 persons are covered. The economically active persons affiliated to the old-age, invalidity and survivors’ scheme represented only 5 per cent of the total number of residents. The problem of poor coverage is particularly pronounced with regard to self-employed workers and in agriculture, with only 4 per cent of Bolivian self-employed workers being affiliated to a pension fund administrator in 2007. In view of these factors, there is a need to adjust the Bolivian social security model in line with the economic and social reality of predominantly self-employed informal employment. The gradual compulsory membership of self-employed workers is a possible means of ensuring coverage of a large proportion of the population not yet benefiting from any social security coverage. State support in the form of social contribution subsidies would be an important component to ensure the success of such an initiative. The Committee would be grateful if the Government would provide information in its next report on the solutions found to increase the rates of membership and coverage and indicate the progress made with regard to reforming both the pension scheme and the health scheme.

The separation, since 1987, of the management of the short-term benefits scheme and the basic long-term scheme has resulted in each of these schemes devoting a significant proportion of their resources to the performance of administrative and operational functions, particularly those relating to membership and the collection of social contributions. Studies show that the establishment of centralized management with regard to the collection of benefits and supervision of compliance with the obligation to join the social security scheme would allow significant results to be achieved in terms of coverage and would ensure better coordination, planning and linking of strategic activities regarded as priorities from the point of view of the entire system. The creation of an independent specialized body responsible solely for supervising and controlling the social security system, without participating in the management of the system’s programmes, is another necessary component for the proper operation and viability of social security systems. The Committee requests the Government to provide information on the structural measures taken or envisaged with a view to optimizing the structure of the social security system.

Creation of a national strategy for the development of social security

In 2001, the International Labour Conference (ILC) reaffirmed the central role of social security and reiterated that it was a challenge which all member States had to tackle as a matter of urgency. The resolution adopted by the ILC in 2001 recognizes that “the highest priority should be given to policies and initiatives that bring social security to those who are not covered by existing systems”. To achieve that objective, the Conference urged every country to devise a national strategy closely linked to other social policies. States such as Bolivia which are party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) are also required, according to the general observations made in 2007 by the United Nations Committee on Economic, Social and Cultural Rights (CESCR), to devise a national strategy for the comprehensive implementation of the right to social security and to allocate sufficient budgetary and other resources at the national level. The Committee considers that the need to devise a national strategy arises from the general responsibility of the State, established by Convention No. 102, to ensure the continuity and proper operation of the social security system. The launch of a national strategy designed to ensure the strengthening and sustainable development of the social security scheme, taking into account the above concerns, would allow the State to exploit to the full all the potential offered by international social security standards with a view to ensuring the proper administration of schemes and enabling the gradual extension of coverage to the entire population. The Committee draws the Government’s attention to the possibility of making greater use of technical assistance from the ILO with a view to devising, together with the social partners, a national strategy for the sustainable development of social security.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the report supplied by the Government. It also observes that the ILO Subregional Office for Andean countries is currently carrying out a diagnosis of the Bolivian social security system in the framework of the Decent Work Country Programme (project BOL/06/50M/NET). This diagnosis is being submitted to tripartite consultations and could serve as a basis for an overall reform of the Bolivian social security system. With reference to the numerous questions raised in its previous comments, the Committee hopes that, with the technical assistance of the ILO, the Government will be able to make progress in finding solutions to the previously identified problems of application. It will therefore undertake an in-depth analysis of the detailed information supplied by the Government at its next session, together with the relevant information from the above diagnosis, once it is adopted.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee regrets to note that for the fourth consecutive year the Government’s report has not been received. It must therefore repeat its previous observation and thus 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 assumed 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 also refers to its observation on Convention No. 128.

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

The Committee regrets to note that for the third consecutive year the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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 Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

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 Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In its previous comments, the Committee noted that under Supreme Decree No. 22-578 of 13 August 1990 the social security system no longer provides for the payment of family benefit as prescribed by Article 42, Part VII (Family benefit) of the Convention. Since the Government's report has not been received, the Committee can but reiterate the hope that the Government will adopt the necessary measures to re-establish a family benefit scheme conforming to the provisions of Part VII of the Convention.

2. The Committee also refers to its comments on Convention No. 128 concerning invalidity, old-age and survivors' benefits, 1967, and again expresses the hope that the Government will provide a detailed report for the applicable branches of Convention No. 102, taking account of the social security provisions currently in force in Bolivia. The Committee trusts that the report will also contain the Government's observations on the communication from the World Federation of Trade Unions, a copy of which was sent to it in August 1997.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee had pointed out that, pursuant to section 51 of Supreme Decree No. 22-578 of 13 August 1990, the Bolivian social security system does not provide for the payment of family benefits in the manner prescribed under Article 42, Part VII (Family benefits), of the Convention. In reply, the Government limits itself to stating that the regime of family allowances is under the administration of the employers, and that the social security system monitors compliance. In these circumstances, the Committee cannot but again express the hope that the Government will adopt the necessary measures to re-establish a regime of family benefits which complies with the provisions of Part VII of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

In its previous comments, the Committee had pointed out that, pursuant to section 51 of Supreme Decree No. 22-578 of 13 August 1990, the Bolivian social security system does not provide for the payment of family benefits in the manner prescribed under Article 42, Part VII (Family benefits), of the Convention. In reply, the Government limits itself to stating that the regime of family allowances is under the administration of the employers, and that the social security system monitors compliance. In these circumstances, the Committee cannot but again express the hope that the Government will adopt the necessary measures to re-establish a regime of family benefits which complies with the provisions of Part VII of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In its previous comments the Committee drew the Government's attention to the fact that under section 51 of Presidential Decree No. 22-578 of 13 August 1990, the Bolivian social security system no longer provides for the payment of family benefit within the meaning of Article 42, Part VII (Family benefit) of the Convention. In its reply the Government indicates that the family allowance scheme set out in section 51 of Presidential Decree No. 22-578 will remain in force until the legal standard is amended as part of the reform which it plans to carry out. The Committee notes the Government's statement. It is none the less bound to reiterate the hope that in the context of the planned social security reform the Government will take the necessary measures to establish once again a family benefit scheme which is in keeping with the provisions of Part VII of this Convention. In this connection, the Committee again recalls that the draft Social Security Code, to which the Government has referred in its previous reports and which was prepared with technical assistance from the Office, provides in section 89 for the payment of such family benefits. The Committee hopes that the Government will provide detailed information on progress made in this respect.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report does not contain a reply to its previous comments. It however notes from the information provided by the Government in the report concerning Convention No. 118 as also from section 51 of Supreme Decree No. 22-578 of 13 August 1990, that the Bolivian social security scheme no longer provides for the payment of family allowances as contemplated under Article 42, Part VII (Family benefit) of the Convention. In these conditions, the Committee can but express the hope that the Government will take the necessary measures with a view to re-establishing a scheme of family benefits which complies with Part VII of the Convention. It recalls in this respect that the draft Social Security Code prepared with the assistance of the Office to which the Government referred in its previous reports, provides in section 89 for the payment of such family benefits. The Committee hopes that the Government will furnish detailed information on the progress made in this field.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee takes note of the Government's reply to its previous comments and notes in particular the information concerning the following provisions of the Convention: Part XIII (Common provisions), Article 69, and Part XIV (Miscellaneous provisions), Article 76 (in conjunction with Article 50) (Maternity benefit).

2. Part XIV (Miscellaneous provisions), Article 76 (in conjunction with Article 44) (Family benefit). The Committee had also requested the Government to supply the statistical data required by the report form on the Convention under Article 44, so that it could ascertain whether the total value of family benefits attained the percentage prescribed by this Article.

In its reply, the Government refers to the provisions of Supreme Decree No. 21.637 of 25 June 1987 issuing the regulations of Act No. 0924, which introduces certain important innovations to the family allowances scheme. The Committee takes note with interest of these improvements. However, it again asks the Government to indicate in its next report: (i) the total value (in Bolivian pesos) of family benefits, in both cash and kind, granted during the period covered by the report to the children of persons protected; (ii) the total number of children of all protected persons under the family allowances scheme (or the total number of children of all residents); (iii) the amount of the wage of an ordinary adult male labourer as established during the period covered by the report. (Please select the ordinary adult male labourer according to the rules laid down by Article 66, paragraphs 4 and 5, of the Convention.)

The Committee hopes that the Government will not fail to provide the above-mentioned statistical data.