Solicitud directa (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

Convenio sobre la edad mínima, 1973 (núm. 138) - Bolivia (Estado Plurinacional de) (Ratificación : 1997)

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. On ratifying the Convention, States undertake to pursue a national policy, the aim of which is effective abolition of child labour. The Committee notes the information contained in the Government’s second periodic report to the 485th and 486th Sessions of the Committee on the Rights of the Child (CRC/C/65/Add.1, paragraph 41) to the effect that the strategic action and human development programme (PAE-Social) aims, among other things, to secure special protection for children through the establishment of a modern legal framework for the comprehensive protection of children and adolescents and the provision of services for street children and workers. Priority is to be given to improving the living conditions of children between the ages of 7 and 12 years, of adolescents who work and those who live on the streets. The Committee asks the Government to provide all relevant information on the implementation of the PAE-Social, particularly the measures designed effectively to abolish child labour and gradually raise the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.

Article 2, paragraphs 1 and 4. The Committee notes that, under section 126, paragraph 1, of the Children’s and Adolescents’ Code, the minimum age for admission to employment or work is 14 years, and that section 58 of the General Labour Act prohibits work by children of less than 14 years, which is in keeping with the minimum age specified by the Government on ratifying the Convention.

The Committee observes, however, that, according to section 2(1) of the Children’s and Adolescents’ Code, the term "adolescent" refers to any human being aged between 12 and 18 years. The same term is used in several provisions of Title VI of the Children’s and Adolescents’ Code, particularly sections 124, 126, 127, 136 and 149 governing the work of adolescents. According to section 124, a working adolescent is someone engaged in a productive activity or who performs services either as an employee or as a self-employed person. The Committee considers that the use of the term "adolescent" as defined in section 2(1) of the Code could allow work by children aged between 12 and 14 years, contrary to the provisions of the national legislation and the requirements of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to harmonize the various provisions on the age for admission to employment or work and to bring them into line with the minimum age of 14 years specified by the Government on ratifying the Convention.

The Committee asks the Government to indicate whether consultations have been held with employers’ and workers’ organizations for the purpose of fixing the minimum age at 14 years, as required by paragraph 4 of Article 2.

Article 3, paragraphs 1 and 2. The Committee notes that section 133 of the Children’s and Adolescents’ Code prohibits, as the Convention requires, dangerous work by adolescents, who, according to section 2(1) of the Code, comprise any human being aged from 12 to 18 years. The Committee also takes note that Article 134 of the Children’s and Adolescents’ Code establishes a list of these dangerous jobs. The Committee asks the Government to indicate whether employers’ and workers’ organizations were consulted when the list was being established.

Article 3, paragraph 3. The Committee notes that section 52 of the decree to implement the General Labour Act of the Ministry of Labour allows minors to be given special authorization to perform dangerous work in specific cases. The Committee asks the Government to indicate whether such authorizations are granted and, if so, on what conditions and under which provisions.

Article 6. The Committee notes that under section 131 of the Children’s and Adolescents’ Code, government or private entities are in charge of social programmes designed for educational work. According to the above provision, "educational work" is work in which the pedagogical requirements concerning personal and social development take precedence over the productive aspects. The Committee asks the Government to indicate whether the Government or private entities referred to in section 131 of the Code are training institutions or ordinary schools. It also asks the Government to provide further information on the social programmes and particularly their pedagogical priorities.

With regard to apprentices, the Committee notes the provisions on apprenticeship, sections 138 and 139 of the Children’s and Adolescents’ Code. Section 138 of the Code defines "apprenticeship for vocational training" as an educational process coordinated by a specified agency, in accordance with a programme, directed by a managing officer and implemented in a proper environment. Section 139 provides that "vocational technical training" for adolescents is to be governed by the following principles: (1) access to regular teaching with compulsory attendance; (2) activities suited to the student’s physical and mental development; and (3) a timetable compatible with performance of work and the "vocational technical training". The Committee notes that sections 138 and 139 on apprenticeship do not specify a minimum age of 14 as required by Article 6 of the Convention. The Committee has already referred to the difficulty posed by the definition of the term "adolescent" in the Children’s and Adolescents’ Code, in that the term covers the age group of 12 to 14 years. The Committee also notes that section 58 of the General Labour Act prohibits work by minors of under 14 years of age "except apprentices".

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention on this point. It also asks the Government to supply any relevant information on the application in practice of the provisions on apprentices.

Article 9, paragraph 3. The Committee notes that section 69 of Decree No. 10859 requires all working minors to be registered on the minors’ labour register of the Regional Directorate. Please indicate whether the above decree is still in force and, if not, please provide a copy of the new provisions that give effect to Article 9, paragraph 3, of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the effect given to the Convention in practice including, for example, extracts of inspection reports and data on the number and nature of contraventions reported.

Please also provide copies of the following texts:

-  Decree No. 24260 of 22 March 1996 concerning the offices for the protection of children and adolescents;

-  the implementing regulations of the Decree of 21 September 1929;

-  Decree No. 16998 of 2 August 1979;

and any other text which may have amended or repealed them.