Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Bolivie (Etat plurinational de)

Convention (n° 77) sur l'examen médical des adolescents (industrie), 1946 (Ratification: 1973)
Convention (n° 78) sur l'examen médical des adolescents (travaux non industriels), 1946 (Ratification: 1973)
Convention (n° 124) sur l'examen médical des adolescents (travaux souterrains), 1965 (Ratification: 1977)

Previous comment under Conventions Nos 77 and 78 and previous comment under Convention No. 124

In order to provide an overview of the issues concerning the application of the Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77, 78 and 124 in a single comment.

Article 2(1) of Conventions Nos 77 and 78. Medical examination for fitness for employment. The Committee notes, from the Government’s report, the adoption of Law No. 1139 of 20 December 2018 which amends the Code for Children and Young Persons 2014. It notes with interest that section 131 of the Code for Children and Young Persons 2014, as amended, provides that young persons of at least 14 years of age who wish to engage in employment: (1) must freely express their willingness to carry out any labour activity or work, (2) whether it relates to work on their own account or on account of another, must obtain the authorization from the Ombudsperson for Children and Adolescents; and (3) in either case, the Ombudsperson for Children and Adolescents, before granting the authorization to work, must order a comprehensive medical assessment certifying the young person’s health and their physical and mental capacity for the performance of the corresponding work or the work activity. The Committee requests the Government to provide information on how the application of section 131 of the Code for Children and Young Persons is ensured in practice.

Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age in underground work (Article 2(1) of Convention No. 124). Periodical medical examinations (Article 3(2) and (3) of Conventions Nos 77 and 78). Medical examinations required until the age of 21 years in occupations which involve high health risks (Article 4 of Conventions Nos 77 and 78). Appropriate measures for the vocational guidance and physical and vocational rehabilitation of young persons found by medical examination to be unsuited to certain types of work or to have physical handicaps or limitations (Article 6 of Conventions Nos 77 and 78). Further to its previous comments, the Committee notes with concern, the Government’s indication that the Bill on occupational safety and health, is still waiting to be adopted by the Parliament. It notes the Government’s repeated statement that it undertakes to monitor the status of this issue in front of the Parliament and promote discussions on the matter in the legislative body. Recalling that the Government has been referring to the Bill on occupational safety and health since 2011, the Committee urges the Government to take all the necessary measures to ensure that the Bill is adopted without delay and to ensure observance of these provisions of the Conventions. It requests the Government to provide information on any progress made in this regard.

Article 7(2) of Convention No. 78. Supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents. Noting that the Government remains silent on this point, the Committee requests it to ensure: (i) the adoption, without delay, of the Bill on occupational safety and health; and (ii) that it will contain provisions determining the measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access, as well as any other methods of supervision to be adopted to ensure the strict enforcement of the Convention, in accordance with Article 7(2) of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Application of the Conventions in practice. The Committee notes the Government’s indication that all authorizations to work need to be recorded in a Register of authorizations and must contain compulsory information, including but not limited to, the name, age and activity of the child, as well as the medical examination report and the official Form of authorization signed by a parent or legal guardian and issued by the Ministry of Labour, Employment and Social Welfare (MTEPS) (section 42 of the Supreme Decree No. 2377 regulating Law No. 548 on the Code for Children and Young Persons). The Government also states that section 138 of the Code for Children and Young Persons provides that it is the Ombudsperson for Children and Adolescents who is responsible for the Register of authorizations of all children engaged in work, and upon request, the Ombudsperson shall submit copies of the Register to the MTEPS for the purposes of inspection and supervision. The Committee notes that, in 2022, the MTEPS issued a request to all municipal authorities to provide copies of their Registers of authorization of children in work and received information from 21 municipalities. Out of the replies received, only four municipalities had dealt with procedures of authorization of work of young persons, for a total of 48 authorizations. The Government indicates that all these 48 cases complied with the requirement of medical examinations. However, the Committee notes that it is not clear if this includes the requirement of periodical medical examinations (Article 2(1) of Convention No. 124 and Article 3 of Conventions Nos 77 and 78). The Government adds that it will endeavour to obtain the requested information from all municipalities and ensure that further information is provided on the type of work authorized to be performed by young persons, in order to provide comprehensive statistical data to this Committee. The Committee requests the Government to continue to collect and provide information on the number of children and young persons who are engaged in work and have undergone the periodical medical examinations envisaged in the Conventions. Considering the low number of registered authorizations, the Committee encourages the Government to strengthen its efforts to ensure that all young persons who work in the country will progressively be covered by the protection afforded by the Conventions, including children and young persons engaged either on their own account or on account of their parents, in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. Please also provide extracts from the reports of the inspection services relating to any infringements reported and the penalties imposed.