Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bolivia (Plurinational State of) (RATIFICATION: 1977)

CMNT_TITLE

Previous comment

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the Government’s reference in its report to: (1) Act No. 1173 of 2019, which, inter alia, establishes special protection measures and measures to shorten criminal proceedings for strengthening the protection, prevention, investigation and penalty measures provided for in the “Comprehensive Act for guaranteeing a life free of violence for women (No. 348 of 2013)”; (2) Supreme Decree No. 4399 of 2020, which reinforces prevention mechanisms and mechanisms for the care and protection of women in situations of violence; (3) Ministerial Decision 196/21 of 2021 regulates the procedure for handling complaints regarding employment-related and sexual harassment of women in the workplace and adopting protection measures. The Government also reports the setting up of various institutions for following up cases and complaints of gender-based violence and femicide. The Government also provides information on the formulation of educational policies for the elimination of violence in the context of the declaration of 2022 as the “Year of cultural revolution for eliminating patriarchal attitudes: For a life free of violence against women”, and also refers to the implementation of training for the Bolivian police on gender-based violence and campaigns to reinforce the free complaints hotline. According to the statistics provided by the Government, 315 complaints of employment-related harassment were made in 2021 (resulting in 143 injunctions to cease employment-related harassment) and 118 complaints were made in 2022 (resulting in 61 such injunctions). The Committee requests the Government to provide information on: (i) the number and content of actions undertaken to provide information and raise awareness of sexual harassment; (ii) the number of employment-related complaints which refer to sexual harassment; and (iii) whether specific challenges have been identified, through the various committees established or other methods, regarding the resolution of cases of sexual harassment in employment and occupation (such as, for example, difficulties in gathering evidence or adopting preventive protection measures).

Articles 2 and 3. National gender equality policy. The Committee notes that the Government reports the adoption of: (1) Supreme Decree No. 4401 of 2020, which promotes measures for equal opportunities in access to employment, remuneration and equal treatment for men and women; (2) Supreme Decree No. 4779 of 2022, implementing the seal entitled “Enterprise committed to a life free of violence against women in the Plurinational State of Bolivia”, with the objective of creating hiring conditions with equal opportunities; and (3) Supreme Decree No. 3774 of 2019, establishing the Plurinational Service for Women and Anti-Patriarchal Action to follow up on corresponding legislation and policies. The Government also indicates that: (1) through the “Employment support programme II (PAE II)”, financial support was given for the training of women working in non-traditional areas (benefiting 104 women from 2018 to mid-2022) and financial support for PAE II participants with children under 5 years of age; (2) training and awareness-raising on discrimination was conducted in the judges’ academy, trade union schools and other public and private institutions; (3) a framework cooperation agreement was adopted between ministries to formulate school policies and curricula to raise awareness of discrimination; and (4) a total of 65 bursaries were granted to women for postgraduate studies in the scientific, technological and health fields through Supreme Decrees Nos 3178 and 3429 of 2017. The Committee also notes that the “Multisectoral comprehensive development plan for good living: Against racism and all forms of discrimination (PMDI) 2021–25” and the “Economic and social development plan (PDES) 2021–25” seek to achieve equal treatment in employment, equal opportunities for men and women, and greater participation of women in work activity. The Committee requests the Government to provide information on any measures still being adopted to promote access for women to the labour market and, in particular, to occupations and jobs in which they tend to be underrepresented. In order to be able to assess the impact of such measures, the Committee also requests the Government to provide statistical information on the participation of women and men in the labour market, disaggregated by sex, economic sector and occupation. The Committee also requests the Government to provide information on any follow-up and evaluation carried out, through the Plurinational Service for Women and Anti-Patriarchal Action or other competent bodies, with a view to revising and adjusting the measures and strategies adopted.

National equality policy with respect to race. The Government provides information on the procedure for the filing of complaints involving racism and discrimination to the National Committee against Racism and All Forms of Discrimination (CNCRD) and indicates that, once received, complaints can be dealt with through administrative channels (with disciplinary sanctions) or through ordinary channels. The Government indicates that 98 complaints were received in 2021 (with 95 per cent of cases being dealt with through administrative channels) and 15 to 20 complaints per month on average up to April 2022, most involving the education sector or the police. Regarding access to education and vocational training, the Government indicates that: (1) the “social solidarity bursary for university study” is intended, inter alia, for students belonging to indigenous or campesino (peasant-farming) nations or peoples, or intercultural or Afro-Bolivian communities (NPIOCIA), with 717 bursaries granted in 2020 and 1,000 bursaries in 2021; (2) the entry of NPIOCIA members to teacher training colleges and their administrative units is promoted. However, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at: working conditions in the informal economy for the indigenous population, asylum seekers, refugees and migrants; the low completion rate in secondary education for students from rural, indigenous and Afro-Bolivian backgrounds; and the insufficient implementation of intercultural educational curricula for certain indigenous and campesino nations and peoples (E/C.12/BOL/CO/3, 5 November 2021, paragraphs 30, 58 and 62). In order to be able to evaluate the results of the measures adopted, the Committee requests the Government to provide information, including statistical information, on access for men and women to opportunities for training and participation in the labour market according to race, membership of an indigenous people, and migration and residence status in a rural area.

Workers with disabilities. The Government indicates that: (1) measures were adopted through PAE II to integrate women with disabilities in the public and private sectors; (2) the employment exchange supports job placement to fulfil employment quotas for persons with disabilities; (3) compliance with minimum employment quotas (2 and 4 per cent) is monitored on a monthly basis; (4) an "inclusive seal" was established for private and public institutions that meet the job placement requirements of Act No. 977 of 2017; and (5) awareness-raising on the entry into the job market of persons with disabilities was carried out and a new approach to employment based on self-employment, training and placement is being implemented. The Committee notes the Government’s statistical information indicating that: (1) thanks to the PAE, 15 persons with disabilities were able to enter employment between 2021 and 2022; (2) a total of 241 persons with disabilities benefited from PAE I (2012–17) and 509 from PAE II (2018–22); and (3) in 2021, a total of 19,408 students with some type of disability were enrolled in special education. While welcoming the Government’s efforts, the Committee requests the Government to provide information on: (i) any measures taken to evaluate the results of the “employment support programmes” and, in particular, to identify the reasons why a large proportion of the persons with disabilities who have benefited from them do not appear to have ultimately gained entry to the world of work; and (ii) access for persons with disabilities to inclusive (not special) education programmes.

Real or perceived HIV status. The Committee observes that: (1) the Government indicates that, following the “HIV/AIDS strategic national response plan 2019–20”, the outline of the 2021–25 plan will be issued in accordance with the National Development Plan; and (2) PMDI 2021–25 provides for the promotion of better conditions of employment and access to entrepreneurship opportunities for vulnerable population groups, including persons living with HIV/AIDS. The Committee requests the Government to provide information on any measures taken, including through the “HIV/AIDS strategic national response plan 2019–20”, to prevent and eliminate stigma and discrimination based on real or perceived HIV status in employment and occupation.

Enforcement. The Committee notes the Government’s information on: (1) administrative, constitutional and criminal proceedings applicable to cases of discrimination and racism; (2) the competence of the CNCRD to receive complaints and its adoption of a number of protocols and procedures for the reception, processing and sanctioning of cases of discrimination and racism; (3) statistics according to which the Ombuds Office received 206 cases of discrimination between 2019 and 2022, and according to which 98 inspections were carried out in 2021, focusing on the social and labour rights of women in rural regions; and (4) the adoption of programmes for temporary and fully equipped mobile offices for the timely handling of labour-related complaints. The Government also indicates that: (1) it is necessary to continue promoting, implementing and publicizing labour-related regulations, and coordinating with social organizations to provide consensual solutions; and (2) measures have been adopted through the CNCRD to empower women in exercising their rights and filing complaints, including through awareness-raising workshops. The Committee notes that the CESCR expressed concern at the fact that the CNCRD lacks sufficient staff and an adequate budget, which restricts its activity (E/C.12/BOL/CO/3, paragraph 18). The Committee requests the Government to continue providing information on any measures taken to facilitate access to enforcement mechanisms in cases of discrimination in employment and occupation and to ensure that these have sufficient resources to perform their activities. The Committee also requests the Government to provide information on the awareness-raising measures adopted to increase public awareness of the above-mentioned mechanisms.

CMNT_TITLE

Article 1(1)(a) of the Convention. Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the measures taken to tackle and prevent sexual harassment at the workplace, in light of article 15 of the Political Constitution of the State (2009), which provides that all persons, including women, are entitled to be free from physical, sexual or psychological violence, both within the family and in society, and that the State shall adopt the necessary measures to prevent, eliminate and punish gender-based and generational violence, as well as any act of commission or omission intended to degrade the human condition or cause death, pain or physical, sexual or psychological suffering. The Committee notes that the Government refers in its report to the existing regulatory framework intended to penalize discrimination on the ground of sex and sexual harassment. Specifically, the Government refers to, in addition to article 15 of the Constitution: (i) section 9 of Supreme Decree No. 224 of 23 August 1943, which establishes that there shall be no compensation for the dismissal of a worker for the performance of immoral acts in the workplace, according to the Government, this covers cases of sexual harassment; (ii) Act No. 1599 of 18 October 1994 ratifying the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (the Convention of Belém do Pará); (iii) Supreme Decree No. 1053 of 23 November 2011, which declares 25 November of every year as the “National Day against all forms of violence against women”; (iv) Supreme Decree No. 1363 of 28 September 2012, which declares awareness-raising campaigns to be necessary and a priority with the aim of preventing, combating and eliminating all forms of violence against women; and (v) Act No. 348 of 9 March 2013 guaranteeing women a life free from violence. The Government indicates that this Act mandates the Ministry of Labour, Employment and Social Security to adopt protection measures against all forms of sexual or workplace harassment and internal and administrative procedures for reporting, investigating, addressing, handling and penalizing such harassment. The Committee notes the different texts adopted to combat, inter alia, violence against women throughout the years, but notes that the Government has not provided information on specific measures to implement the principle enshrined in article 15 of the Constitution. In this respect, the Committee wishes to recall that legislative measures to give effect to the principles of the Convention are important, but not sufficient to effectively respond to the complex realities and various forms of discrimination, which require the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see General Survey on the fundamental Conventions, 2012, paragraph 856). The Committee therefore urges the Government to send detailed information on the specific measures adopted in relation to Act No. 348 of 9 March 2013 in order to give effect in practice to the above-mentioned provisions. In particular, the Committee requests the Government to report the internal and administrative procedures for reporting, investigating, addressing, handling and penalizing sexual harassment in the workplace, with a view to evaluating the results of the legislative implementation.

Articles 2 and 3. National gender equality policy. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to promote women’s access to formal employment without discrimination, including through measures to afford men and women better education and vocational training opportunities that will facilitate their access to a greater variety of job opportunities at all levels, including in sectors where they are not currently present or are under-represented. The Committee also requested the Government to provide statistical information on the participation rate of men and women in the labour market, disaggregated by sex, economic sector and occupation, together with statistical information, disaggregated by sex, on participation rates in education and vocational training. The Committee notes the information from the Government on: (i) the reduction of the overall unemployment rate from 7.4 per cent in 2013 to 4.5 per cent in 2017, when the rate for men was 4.2 per cent and for women was 4.9 per cent; and (ii) the Employment Support Programme (PAE) 2012–2017, the objectives of which include work skills training along with direct economic support for the jobseeker to promote access to opportunities in formal enterprises and training in specific skills for integration into particular jobs. Furthermore, it includes a labour market integration component for women in non-traditional activities, through skills improvement courses and the provision of economic support for training, along with awareness-raising activities in enterprises on this matter. Between September 2012 and April 2017, some 19,544 persons benefited from the programme, of which 61.54 per cent were women and 38.46 per cent were men. The Committee notes that the second Employment Support Programme began in May 2018 and, as of June 2018, 446 persons had benefited, of which 57.18 per cent were women and 42.82 per cent were men. The second Employment Support Programme seeks to increase the coverage and usage rates of the public employment service by jobseekers and enterprises through the implementation of different components that provide men and women with increased education and professional training opportunities. The Committee also notes that, as of December 2017, some 67.2 per cent of economically active men and 47.1 per cent of economically active women were employed in urban areas. In the same period, women were clustered in economic occupations traditionally assigned to women: 10.3 per cent of economically active women and 4.1 per cent of economically active men were family workers or unpaid apprentices; 6.7 per cent of women and 0.2 per cent of men were domestic workers; 13.1 per cent of men and 1.1 per cent of women were manual workers; 41.8 per cent of men and only 15.4 per cent of women worked in manufacturing; 19.6 per cent of men and 0.9 per cent of women worked in construction; and 14.7 per cent of men and 1.3 per cent of women worked in the transport sector. As of December 2017, the total number of students had increased by 15.42 per cent since 2000. In public and private educational establishments, 49 per cent of the students were women, and 51 per cent were men. Women accounted for almost 51 per cent of university students. The Government indicates this it is continuing to implement the National Plan for Equality of Opportunities, which seeks to encourage women to exercise their labour rights and promote their access to decent work. The Committee notes that the statistical data by sector of economic activity provided by the Government reflect the persistence of significant occupational gender segregation, despite the Government’s efforts. Recalling that it is essential to monitor the results and effectiveness of the plans and policies executed, the Committee urges the Government to provide information on: (i) the implementation of awareness-raising and educational programmes to combat gender prejudices and stereotypes, with a view to eliminating occupational gender segregation; (ii) the specific measures adopted as part of the second Employment Support Programme and the results achieved; and (iii) the measures adopted or envisaged to conduct regular monitoring and evaluation of the results achieved with a view to reviewing and adjusting the measures and strategies in place.

National equality policy with respect to race. In its previous comments, the Committee once again asked the Government to provide information on the activities undertaken by the National Committee against Racism and All Forms of Discrimination and on the adoption of an action policy against racism and discrimination. The Committee also requested the Government to ensure equality in access to education and vocational training for indigenous peoples, Afro-Bolivians and migrants to enable them to enjoy equality of opportunity in access to employment and remuneration. The Committee notes the information provided by the Government on the adoption of Supreme Decree No. 29894 of 25 January 2009 establishing the Office of the Deputy Minister for Decolonization, the General Directorate for Combating Racism and the Unit for the Management of Public Policies against Racism and Discrimination. The Committee also notes that the National Committee against Racism and All Forms of Discrimination has organized four national meetings of student youth brigades against racism and all forms of discrimination (2016–19), set up a toll-free hotline and individual attention for the reception of cases of discrimination, and systematized the information on administrative and judicial proceedings initiated on grounds of racism and all forms of discrimination. In 2018, the Office of the Deputy Minister reported 233 complaints, of which 189 were undergoing administrative processing in December 2018, 30 had been settled, five cases had been dismissed, four cases had been shelved and five further cases were continuing. With regard to remuneration, the Committee notes that, since 2006, wages have increased for the population in general, especially the most vulnerable populations such as the indigenous population, through significant increases to the annual minimum wage. Furthermore, a social inclusion policy has been implemented for education, health, housing, nutrition and social security. The Committee requests the Government to continue providing information on the outcomes of the measures adopted under the action policy against racism and discrimination and, particularly, the outcomes of the complaints reported by the Office of the Deputy Minister and the penalties imposed, where applicable. Noting the absence of information in the Government’s report in this respect, the Committee reiterates its request to the Government to provide information on the specific measures adopted to promote quality in access to education and vocational training for indigenous peoples, Afro-Bolivians and migrants to enable them to enjoy equality of opportunity in access to employment. The Committee also requests the Government to provide the available statistical information on the labour market participation of men and women, disaggregated by race and colour.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Workers with disabilities. In its previous comments, the Committee requested the Government to provide information on the application of Act No. 223 and Supreme Decree No. 1893 of 12 February 2014, including statistical data on the number of persons with disabilities participating in the labour market and accessing education and vocational training; as well as on the specific programmes and policies to promote the labour market integration and non-discrimination in the workplace of persons with disabilities. The Committee notes the information provided by the Government on the adoption of Act No. 977 of 26 September 2017 on labour market integration and economic support, which establishes measures for the labour market integration of persons with disabilities, their fathers, mothers and spouses, the guardians of persons with disabilities under the age of 18 years and those with serious or very serious disabilities. Furthermore, it provides economic support to persons with serious and very serious disabilities, in an institutional manner and concurrent with municipal governments, public bodies and private enterprises. The Act envisages the organization of short training courses in vocational skills to improve the skill levels of persons with disabilities. The Government also reports that, within the Plurinational Education System, as part of the policy of inclusion, persons with disabilities benefit from direct admission to teacher training colleges. In 2018, the colleges had 98 students in total with different specialisms. The Government further reports the allocation of a budget of US$40 million for the implementation of all the components of the Job Creation Plan (2017–2022), which includes labour market integration policies for men and women workers, specific measures for the labour market integration of persons with disabilities and the implementation of pilot projects facilitating the labour market integration of victims of smuggling and trafficking and women victims of all forms of violence. The Committee welcomes the measures adopted and requests the Government to provide information on the efficacy and the outcomes of these measures, including statistical data, disaggregated by sex and economic sector, on the number of persons with disabilities participating in the labour market and accessing education and vocational training.

Real or perceived HIV status. In its previous comments, the Committee reiterated its request to the Government to provide information on policies and programmes on HIV and AIDS in the world of work adopted under Act No. 3729 of 2007 for the prevention of HIV/AIDS, and on any other laws and regulations, collective agreements or judicial rulings that seek to provide specific protection against stigma and discrimination based on real or perceived HIV status in employment and occupation. The Committee notes the information provided by the Government on the constitutional regulatory framework, Act No. 3729 of 2007 for the prevention of HIV/AIDS and Act No. 045 of 8 October 2010 against racism and all forms of discrimination. The Committee notes with regret that the Government has not provided specific information on the policies and programmes adopted on HIV and AIDS in the world of work. The Committee once again requests the Government to provide information on any legislation, collective agreements and court rulings that provide specific protection against stigma and discrimination based on real or perceived HIV status in employment and occupation.

Enforcement. The Committee previously requested the Government to provide information on measures to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination. In this respect, the Government reports that: (i) article 8(II) of the Constitution establishes gender equity as one of the values upon which the State is based; (ii) article 14(II) of the Constitution, prohibits and penalizes discrimination on the grounds of sex, colour, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious creed, ideology, political or philosophical affiliation, civil status, social or economic conditions, type of occupation, level of education, disability, pregnancy or other factors, with the aim or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of the rights of any person; (iii) article 4(2) of the Constitution establishes that the State guarantees genuine and effective equality between men and women, respect for and protection of rights, especially those of women, in the context of diversity as a value, eliminating distinctions or discrimination based on cultural, economic, physical, social or any other type of differences of sex; and (iv) section 3(I) and (II) of Act No. 348 of 14 October 2014 establishes that the eradication of violence against women is a priority for the Plurinational State of Bolivia, as it is one of the most extreme forms of gender-based discrimination, and it shall be mandatory for state bodies and all public institutions to adopt the necessary measures and policies, allocating sufficient economic and human resources. The Committee notes the existence of this regulatory framework but notes that the Government does not refer to the measures adopted to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination. The Committee requests the Government to take the necessary measures to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination and to provide information in this respect.

CMNT_TITLE

Article 1(1)(a) of the Convention. Discrimination on the ground of sex. Sexual harassment. Observing that article 15 of the Political Constitution of the State provides that all persons are entitled to be free from physical, sexual or psychological violence, both within the family and in society, and that the State shall adopt the necessary measures to prevent, eliminate and punish gender-based and generational violence, as well as any act of commission or omission intended to degrade the human condition or cause death, pain or physical, sexual or psychological suffering, either in public or in private, the Committee once again requests the Government to provide information on the measures taken to tackle and prevent sexual harassment at the workplace.

Article 2. Gender equality policy. In its previous comments, the Committee requested the Government to provide information on the implementation of the National Equal Opportunities Plan, “Women building a new Bolivia to live well” and its results and on the results of the measures taken following the National Consultation on Gender Equality held in 2011. The Committee observes that the Government’s report contains no information on this matter. It notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about women’s limited access to formal employment, particularly in managerial positions; the lack of measures to protect women from harassment and discrimination in the workplace; the de facto barriers to women’s access to social security and the exploitation of women and girls in domestic work; the limited decision-making authority and the lack of human, technical and financial resources for institutions to coordinate the implementation of public policies on gender equality; and the lack of adequate resources to implement the National Equal Opportunities Plan effectively (CEDAW/C/BOL/CO/5-6, 28 July 2015, paragraphs 12(a) and (b), and 26). The Committee requests the Government to provide specific information on the measures taken or envisaged to promote women’s access to formal employment without discrimination, including through measures to afford men and women better education and vocational training opportunities that will give them access to a greater variety of job opportunities at all levels, including in sectors where they are not as yet present or are underrepresented. The Committee requests the Government to provide statistical information on the participation rate of men and women in the labour market, disaggregated by sex, economic sector and occupation, together with statistical information, disaggregated by sex, on participation rates in education and vocational training. The Committee further requests the Government to provide information on the specific measures taken to implement the National Equal Opportunities Plan “Women building a new Bolivia to live well” and the Institutional Strategic Plan 2014–18 and on their results as they concern the application of the Convention, and on the measures taken to follow up the National Consultations on Gender Equality held in 2011. The Committee requests the Government to take the necessary steps to ensure that sufficient financial and human resources are available to secure adequate promotion of equality of opportunity and treatment in employment and occupation.

National equality policy with respect to race. National Committee against Racism and All Forms of Discrimination. In its previous comments, the Committee requested the Government to provide detailed information on the measures taken by the National Committee against Racism and All Forms of Discrimination; on progress in the adoption of the Action Policy of the Plurinational State of Bolivia against Racism and All Forms of Discrimination (Action Plan 2012–15) and on complaints addressed to the General Directorate of the Struggle against Racism, the processing of the complaints and the resulting decisions. The Committee notes the report of the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in which the Special Rapporteur emphasized that indigenous people are often discriminated against in the area of employment and remuneration and face high rates of unemployment. According to that report, the Office of the Ombudsman estimated that non-indigenous men earn a salary that is 2.9 times higher than that of indigenous men and 3.4 times higher than that of indigenous women. The Rapporteur further states that the lack of education and qualifications further limits the access of indigenous people to jobs. The Committee also notes that in his report, the Special Rapporteur states that indigenous peoples, Afro-Bolivians, migrants and other marginalized groups remain very disadvantaged in terms of educational outcomes (A/HRC/23/56/Add.1, paragraph 37). The Committee once again asks the Government to provide information on the activities undertaken by the National Committee against Racism and All Forms of Discrimination and to indicate whether an action policy against racism and discrimination has been adopted. It requests the Government to take steps to address adequately the marked wage gap between indigenous and non-indigenous workers indicated in the report of the Office of the Ombudsman. The Committee further requests the Government to ensure equality in access to education and vocational training for indigenous peoples, Afro-Bolivians and migrants to enable them to enjoy equality of opportunity in access to employment and remuneration. Please also provide specific information on progress made in these areas.

Workers with disabilities. In its previous comments, the Committee requested the Government to provide information on the application of Act No. 223 of 2 March 2012, which establishes the right to employment and to decent and stable jobs, promotes the establishment of cooperatives organized by persons with disabilities or their families, access to microcredit, and the right to protection against dismissal. The Committee notes with interest the adoption of Supreme Decree No. 1893 of 12 February 2014 regulating the enforcement of the rights of persons with disabilities. The Decree provides in particular that the Ministry of Labour, Employment and Social Welfare shall publicly recognize private enterprises and entities that hire and train persons with disabilities and their spouses, fathers, mothers and guardians and shall sign agreements to develop, finance and execute training programmes that ensure their placement in employment. The Decree also establishes protection against dismissal for persons with disabilities and their spouses, fathers, mothers and guardians. The Committee requests the Government to provide information on the implementation of Act No. 223 and Supreme Decree No. 1893 of 12 February 2014, including statistical information on the number of persons with disabilities who participate in the labour market and have access to education and vocational training. It also asks the Government to provide information on the specific programmes and policies designed to promote integration in employment and non-discrimination at work for persons with disabilities.

Real or perceived HIV status. The Committee once again requests the Government to provide information on policies and programmes on HIV and AIDS in the world of work adopted under Act No. 3729 of 2007 for the prevention of HIV/AIDS, and on any other laws and regulations, collective agreements or judicial rulings that seek to provide specific protection against the stigma and discrimination based on real or perceived HIV status in employment and occupation.

Enforcement. The Committee observes that CEDAW refers to barriers to women’s access to justice and remedies (CEDAW/C/BOL/CO/5-6, 28 July 2015, paragraph 26). The Committee requests the Government to take the necessary measures to ensure access to appropriate administrative and judicial remedies in the event of discrimination. It requests the Government to provide information on this matter.

CMNT_TITLE

Article 1(1)(a) of the Convention. Equality of opportunity and treatment between men and women. The Committee notes that article 48 of the National Constitution provides that the State shall promote the integration of women into the labour force and guarantee the same pay as that received by men for work of equal value, both in the public and private sectors, and that women “shall not be discriminated against or dismissed on account of their marital status, pregnancy, age, physical features or number of sons or daughters”. It also guarantees security of employment for women when they are pregnant, and for the parents, until the child has reached 1 year of age. Supreme Decree No. 0012 of 19 February 2009 and Supreme Decree No. 496 of 1 May 2012 regulate the employment security conditions of the mother and father of the newborn child working in both the public and private sectors during pregnancy and until the child reaches 1 year of age. The Supreme Decree adopted in 2012 grants two days’ paternity leave in the public sector and three days in the private sector. The Committee notes the adoption of Act No. 243 of 28 May 2012 against political harassment and violence against women, which stipulates in section 6(i) that mechanisms should be adopted to reduce gaps in gender inequality and to reverse situations of inequality, exclusion and political harassment and violence against women in various areas of political participation. The Committee also notes that the Government refers to the National Equal Opportunities Plan, “Women building a new Bolivia to live well”, adopted in 2008 under Supreme Decree No. 29850. It points out that this plan is based around six central themes, one of which centres on economic, productive and labour development to promote the exercise of women’s labour rights, with a view to achieving quality at work, equal pay and the elimination of sexist stereotypes, as well as the sharing of caregiving and domestic tasks between men and women. The Committee also notes that, according to available public information, national consultations on gender equality were initiated by various women’s organizations in March 2011, which were attended by the Vice-Ministry of Equal Opportunities. The Committee requests the Government to provide information on the measures adopted to implement the National Equal Opportunities Plan, “Women building a new Bolivia to live well”, in particular since the adoption in 2009 of the new National Constitution and the results thereof. The Committee also asks the Government to provide information on the national consultations on gender equality held in 2011, the outcome of these consultations and any follow-up thereto. Please also indicate the way in which the National Plan and the consultations interrelate. The Committee requests the Government to provide statistical information on the labour market participation of men and women, disaggregated by economic activity and occupation.

Sexual harassment. Noting that article 15 of the National Constitution provides that all persons, particularly women, are entitled to be free from physical, sexual or psychological violence, both within the family and in society, and that the State shall adopt the necessary measures to prevent, eliminate and punish gender-based and generational violence, as well as any act of commission or omission intended to degrade the human condition or cause death, pain or physical, sexual or psychological suffering, either in public or in private, the Committee requests the Government to inform it of any measures adopted to prevent and address sexual harassment at the workplace.

Access to education and vocational training. In its previous observation, the Committee noted the adoption of the Avelino Siñani-Elizardo Pérez Education Act No. 070 of 20 December 2010, which establishes the right of all persons to receive a universal, productive, free, integrated and inter-cultural education at every level, without discrimination, with a view to achieving equal opportunities and access to employment. The Committee notes that, according to the Government, this Act establishes an egalitarian educational system that will strengthen the Government’s policies aimed at achieving equal opportunities and access to employment. The Committee requests the Government to provide information on specific measures taken to combat illiteracy, and on the school participation rate disaggregated by sex. Please also indicate the measures adopted to provide women and men with broader education and training opportunities with a view to promoting access to employment and occupation and addressing occupational gender segregation. The Committee also requests the Government to specify the difficulties encountered in implementing the legislation and the measures foreseen to overcome these.

Article 1(1)(b). Workers with disabilities. The Committee notes the adoption of Act No. 223 of 2 March 2012, which establishes the right to employment, decent and permanent work, promotes the establishment of cooperatives organized by persons with disabilities or their families, access to microcredit, and the right to employment security. The Committee requests the Government to provide information on the implementation in practice of Act No. 223, including statistical information on the number of disabled persons who participate in the labour market and have access to education and vocational training.

Real or perceived HIV status. The Committee notes the adoption, on 8 August 2007, of Act No. 3729 for the prevention of HIV/AIDS, the protection of human rights, and the integral multidisciplinary care of persons who live with HIV/AIDS. The Committee also draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), particularly Paragraphs 9–14 and 37. The Committee requests the Government to provide information on policies and programmes adopted in relation to HIV and AIDS in the world of work and in the context of Act No. 3729, as well as on any other legislation, collective agreements or judicial rulings that aim to provide specific protection to prevent the stigma and discrimination attached to real or perceived HIV status in employment and occupation.

Article 2. National equality policy. Institutional development. The Committee notes that section 83 of Supreme Decree No. 29894, of 7 February 2009 provides for the establishment of the Vice-Ministry of Equal Opportunities under the Ministry of Justice, which has the following functions: (i) to formulate, direct and coordinate policies, standards, plans, programmes and projects promoting equal opportunity between men and women, boys and girls, adolescents and young people, older adults and persons with disabilities; (ii) to promote compliance with national and international standards in the areas of gender and generational equality, as well as equality of persons with disabilities; (iii) to mainstream gender; (iv) to formulate, coordinate and implement national policies; and (v) to develop standards to strengthen mechanisms of protection, prevention and punishment of violence. The Ministry of Labour, Employment and Social Welfare is, according to section 86 of the Decree, entrusted with guaranteeing decent work in all its forms with respect to labour equality and equal opportunities, to ensure the labour integration and stability of all the population as regards gender equality and persons with disabilities, to ban wrongful dismissal and promote youth policies. Section 112 establishes the Vice-Ministry of Rural Development and Agriculture, designed to promote integral and sustainable rural and agricultural development with an emphasis on food security and sovereignty, while acknowledging the cultural diversity of the communities, reappraising their ancestral knowledge and community productive capacities, within the framework of the plural economy. The Committee requests the Government to provide information on any measures, programmes or policies adopted by the Vice-Ministry of Equal Opportunities, the Ministry of Labour and the Vice-Ministry of Rural and Agricultural Development, with a view to promoting equality of opportunities and treatment in employment and occupation, as well as on their implementation.

National Committee against Racism and All Forms of Discrimination. Policies and plans. The Committee notes that section 7 of Act No. 45 against racism and any form of discrimination, of 2010, provides for the establishment of the National Committee against Racism and Any Form of Discrimination, which includes the Commission to Combat Racism and the Commission to Combat Any Form of Discrimination. The Committee notes that this national committee will be composed of public bodies and members of civil society. The Committee also notes the Government’s indication that this committee is working on the approval and implementation of the document, “Action Policy of the Plurinational State of Bolivia against Racism and Any Form of Discrimination (Action Plan 2012–15)”, which provides for “the establishment of productive opportunities and access to employment and work for populations disadvantaged due to racism and discrimination”. The Committee also notes that according to information on the committee’s website, the General Directorate for Combating Racism (DGLCR), which operates under the committee, received 130 complaints between 1 January and 30 September 2012. In 2011 it had dealt with 139 cases. The Committee requests the Government to provide detailed information on the programmes and measures adopted by the National Committee against Racism and Any Form of Discrimination. Please also continue providing information on any progress made in the adoption and implementation of the Action Policy of the Plurinational State of Bolivia against Racism and Any Form of Discrimination (Action Plan 2012–15). The Committee requests the Government to provide information on the complaints addressed by the General Directorate for Combating Racism, and the results thereof.

National Human Rights Action Plan. The Committee notes that, according to the Government, the National Human Rights Action Plan 2009–13, approved by Supreme Decree No. 29851 of 10 December 2009, covers economic, social and cultural rights, including labour rights, with a view to promoting public policies that contribute towards stable and decent work without discrimination. The Committee requests the Government to provide information on the implementation of the National Human Rights Action Plan, and its impact in promoting the application of the principles of the Convention.

Affirmative action. Noting that section 5(k) of Act No. 45 of 2010 defines affirmative action as temporary measures and policies adopted to help sectors of the population that are disadvantaged and suffer discrimination with respect to the exercise and effective enjoyment of the rights enshrined in the National Constitution, the Committee requests the Government to provide information on the specific affirmative action measures adopted and their impact on the elimination of discrimination and promotion of equality in employment and occupation. Please also provide information on the preventive action (awareness raising, education and dissemination of information on these rights) and corrective measures provided for under section 5(l) and (m) of Act No. 45 of 2010.

CMNT_TITLE

Legislation. National Constitution. In its previous comments, the Committee noted the adoption of the new National Constitution, of February 2009, which stipulates that the State’s basic aims and functions are to establish a fair and harmonious society, without discrimination, with full social justice, with a view to consolidating plurinational identities while ensuring equal conditions between men and women. The Committee also notes that on 8 October 2010, Act No. 45 against racism and any form of discrimination was adopted, the objective of which is to establish mechanisms and procedures to prevent and punish racist behaviour and any form of discrimination through the establishment of public policies to provide protection against, and prevent, racist crimes and any form of discrimination. The Act applies to both the public and private sectors and to all Bolivian citizens and naturalized persons, as well as those living on the national territory. The Committee also notes that similar to the definition contained in the National Constitution, section 5(a) of the Act defines discrimination as all forms of discrimination, exclusion, restriction or preference based on a series of grounds; these include those listed in Article 1(1)(a) of the Convention, as well as additional grounds as foreseen in Article 1(1)(b): sex, colour, age, sexual orientation or gender identity, origin, culture, nationality, citizenship, language, religious belief, ideology, political or philosophical convictions, civil status, economic, social or health situation, profession, occupation or trade, level of education, different abilities and/or physical, mental or sensory disabilities, pregnancy, background, physical appearance, clothing, name or any other criteria that could nullify or impair the equal recognition of human rights and fundamental freedoms enshrined in the National Constitution and international law. Section 5(a) also stipulates that affirmative action measures shall not be considered discrimination. Section 5(b) establishes similar protection in the case of racial discrimination, considered to be any distinction, exclusion or preference based on grounds of race, colour, descent, or national or ethnic origin. Similarly, section 5(e) defines gender equality as being the recognition and valuing of the physical and biological differences of men and women, with a view to achieving social justice and equal opportunities, which guarantees that persons benefit fully from their rights irrespective of their gender in all areas of social, economic, political, cultural and family life. The Committee also notes Supreme Decree No. 0213 of July 2009, which establishes the mechanisms and procedures ensuring the right of every person not to be discriminated against in any selection and recruitment procedures in the public and private sectors. The Committee requests the Government to provide specific information on the implementation in practice of the National Constitution, of Act No. 45 against racism and any form of discrimination and Supreme Decree No. 213. The Government is also asked, in particular, to indicate the particular problems and difficulties of application that have been encountered in practice, and the way in which it is envisaged to deal with these. It is also asked to provide information on complaints submitted to the administrative or judicial authorities that might have been lodged in this respect. The Committee asks the Government to provide information on the status of the preliminary draft General Labour Act and firmly hopes that this Act will be in full conformity with the provisions of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes with interest the full and extensive legislation adopted since the approval of the National Constitution on 7 February 2009. The Committee notes in particular the Act to combat racism and any form of discrimination, No. 045 of 8 October 2010, and its regulatory decree (Supreme Decree No. 0213); the “Avelino Siñani-Elizardo Pérez” Education Act No. 070; Supreme Decree No. 0012 of 19 February 2009 regulating the conditions for the employment stability of mothers and fathers with children who work in the public and private sectors; Supreme Decree No. 0521 on subcontracting; and the Act extending the agrarian reform at the community level. The Committee observes that the above legislation is pertinent to the application of the Convention. The Committee will examine the conformity of this legislation with the Convention and the other pending matters together with the Government’s next regular report. The Committee requests the Government to provide copies of any new legislative or administrative provisions relating to the application of the Convention.

CMNT_TITLE

National Constitution.  The Committee notes that the new Constitution was promulgated on 7 February 2009. The Committee asks the Government to provide detailed information on the legislative and policy measures related to non-discrimination and equality of treatment and opportunity in employment and occupation adopted as a result of the new Constitution.

Persons with disabilities. Noting that articles 70–72 of the new Constitution refer to the rights of persons with disabilities, providing, among other things, their right to work and prohibiting discrimination, the Committee asks the Government to provide information on the measures adopted or envisaged to combat discrimination and promote equality of opportunity of persons with disabilities in respect of access to employment and training.

Legislation. Referring to its previous comments, the Committee once again requests the Government to take all necessary measures to bring section 3 of the General Labour Act into conformity with the Convention and to keep it informed in this regard.

Remedies. Referring to its previous comments, the Committee requests the Government to indicate the legal and administrative remedies available with regard to discrimination in employment and occupation and to provide information on any appeals lodged and the outcome of such appeals.

CMNT_TITLE

National plan on equality between men and women. In its previous comments, the Committee asked for information on the measures taken under the 2004–07 National Public Policy Plan for the full exercise of women’s rights. It notes that the Plan was implemented in part, including through activities to deal with the problems of violence and citizens’ participation, such as the holding of workshops in mining centres or with organizations of rural women. The Government indicates that access to credit has been democratized with 50 per cent of all loans by the Production Development Bank going to women entrepreneurs. A gender-sensitive budget programme is being developed with participation of the organizations of women grouped together in the National Bureau for Work on Gender-Sensitive Budgets and this is reflected, inter alia, in plans and programmes for rural development and in municipal programmes. Some of the objectives of these programmes are: (i) gender equality in access to, and use and control of, the resources of production; (ii) access to and equality in participation in decision-making; and (iii) enhancing opportunities for paid employment and income generation. The Government also states that in the new Constitution, promulgated on 7 February 2009, focus on gender is more systematic and practical than it was in the old Constitution. The Committee asks the Government to provide information on the legislative and policy changes with respect to equality between women and men in employment and occupation as a result of the new Constitution. Noting that, under Supreme Decree No. 29894 of 7 February 2009, the Ministry of Justice and the Vice-Ministry of Equality of Opportunity are given specific competences with respect to the formulation and implementation of plans, programmes and policies directed at promoting equality of opportunity between men and women, the Committee asks the Government to provide detailed information on any programmes and policies specifically concerning equality of opportunity and treatment in employment and occupation that have been adopted by these bodies and their implementation.

Indigenous women. The Committee notes that, in the framework of the sectoral programme support to the rights of indigenous peoples and of the programme to regularize and title indigenous lands (Componente Saneamiento y Titulación de Tierras Comunitarias de Origen Fase II 2005–09), funded by Denmark, a strategy is to be formulated for cross-cutting gender activities in the regularization of lands, with a view to including systematic participation by women in all processes of regularization of agricultural land. The Committee notes that, in the period 1997–2005, women accounted for 46 per cent of a total of 42,178 titles and certificates issued. It also notes with interest that the Distribution of Lands and Human Settlements Programme of the Lands Vice-Ministry includes a gender perspective in many activities, for instance a gender dimension has been incorporated in the Five-Year Plan to regularize and issue titles in respect of community ancestral lands. The Committee requests the Government to continue to provide information on this matter.

Racial discrimination. The Committee notes the Government’s statement that public policy measures are being taken with respect to racial discrimination and that the political will exists to tackle racism and discrimination. It notes the measures indicated by the Government on literacy programmes, redistribution policy, and universal access to health services, which focus on disadvantaged sectors that suffer from structural racial discrimination. The Government indicates that there is a new approach to the framing of public policies which is based on the redistribution criteria set forth in the “Vivir Bien” National Development Plan, in sectoral plans and inter-institutional initiatives that are implemented in combination with legislation that targets the fundamental causes of racial discrimination. The Government indicates that the lands and territory issue is of great importance to the elimination of the servitude, exploitation and slavery suffered by the peoples that are subject to such racism. The report refers to the “Plan Guaraní”, which seeks to restore the fundamental rights of the Guaraní people, including the restitution in part of their lands of origin. The Ministry of Labour is at present giving impetus to the promulgation of legal standards on workers’ rights in the sugar cane and chest nut sectors. Furthermore, the Ministry of the Presidency’s group on the Coordination and Promotion of Indigenous Policy and Rights has given priority to tackling racial discrimination in its plan of operations for 2008. The Government also refers to the application of the requirement to consult indigenous peoples on their participation in the profits of extraction operations, their participation in environmental control, and other forms of wealth redistribution to combat structural exclusion and discrimination. The Committee requests the Government to continue to provide information in this regard.

Access to education and vocational training. The Committee notes with interest the measures taken to give priority to education for rural and indigenous peoples and women. It notes the creation of three inter-cultural community indigenous universities (Unibol), one for the Aymará people, another for the Quechua and the other for the Guaraní. The Committee addresses this point in greater detail in its comments under Convention No. 169. The Government further indicates that education being the basis for equitable access to jobs, the intake in secondary schools for both sexes was higher in 2006 than in 2005. However, while male enrolment was 57.42 per cent, female enrolment was 42.58 per cent. Since the lowest school attendance rates are registered in rural areas, particularly among women, the national education policy makes such areas a priority and has established two implementation plans, one on rural boarding accommodation and the other on rural transport, to facilitate access to school for girls and young persons and to keep them in education. The “Vivir Bien” National Development Plan includes education as a priority, taking into account that the first problem to be tackled is lack of equality in education, in terms of access, quality and avoidance of drop-out. In this framework, the Ministry of Education formulated its Multiannual Operation Plan 2004–08 (POMA) as part of the Strategic Plan for the education sector. With regard to technical training geared to the production sector, coverage is to be 171,074 men and 156,873 women. The Government refers to other measures, and by way of conclusion states that “the aim is to lay new foundations for education in Bolivia in the interests of education that is decolonized, equitable, inter-cultural and bilingual. The Committee encourages the Government to pursue this path and requests it to continue to provide information on these matters.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

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. Legislation. With reference to the issues addressed in points 1 and 2 of its previous direct request, the Committee notes that the basic rules of the national personnel administration system, approved by Supreme Decision No. 217064 of 23 May 1997, were amended by Supreme Decree No. 26115 of 16 March 2001, section 56 of which (“requirements”) provides that “all citizens, without any discrimination whatsoever, may aspire to obtain a career position …”, while section 67 (“revocation”) of the same Decree provides that “grounds for lodging an appeal for revocation are unfair or discriminatory treatment and violation of the law governing the conditions of service of public servants, the basic rules of the personnel administration system in the public sector or other current provisions relating to this matter”. The Committee also notes that Act No. 2027 of 1999 on the conditions of service of public servants lays down principles such as “equal opportunities without discrimination of any sort” (section 1(e)), the right to careers in the administration and the right to stability, inspired, amongst other things, by the principle of equality. The Committee notes that, according to the Government, the grounds for lodging an appeal for revocation such as that referred to by the Committee are covered by the terms “discriminatory treatment”, so as to avoid omissions that might lead to the appeal being rejected and which implies that the criteria of the Convention and of all other international human rights instruments are being taken into account. The report adds that, until now, only one case alluding to discrimination has been brought before the Civil Service Superintendence, and that this case involved a female public official dismissed for budgetary reasons who alleged discrimination on the grounds of disability. The official in question also referred to the obligation set forth in Supreme Decree No. 27477 of 2004, which requires public institutions to ensure that persons with disabilities make up 4 per cent of their total personnel. The official was asked to provide a certificate of disability and did not do so, yet the possibility of appeal was not refused given the broad terms of the anti-discriminatory legislation. The Committee duly notes that, according to the Government, all the grounds for discrimination that are prohibited by the Convention and by other international treaties are covered by the broad terms of the reform. The Committee asks the Government to keep it informed of any future appeals alleging discrimination on the grounds covered by the Convention, and the decisions taken, where appropriate.

2. In relation to point 3 of its previous direct request, the Committee notes that the Anti-Discrimination Bill presented by the President of the Human Rights Committee of the Chamber of Deputies did not achieve consensus on the approach to be adopted. At the initiative of the Permanent Assembly of Human Rights, an Anti-Discrimination Bill has recently been drafted and is currently the subject of civil society debate. It has been agreed that the Ministry of Labour, in conjunction with institutions dealing with indigenous peoples and the Ministry of Justice, will examine this Bill in the light of the Convention. The Committee reminds the Government that it is possible to request the technical assistance of the Office to examine the abovementioned Bill in the light of the Convention.

3. Racial discrimination. The Government’s report also indicates that, as well as the legislative measures which may be adopted, the Government has launched a vast anti-discrimination campaign at national level in response to a situation in which ethnic, racial and regional differences have been seriously exacerbated to the point of generating conflict between indigenous persons and mestizos and between persons born in the east (in Santa Cruz, cambas) and those born in the west (in La Paz, collas). The Ministry of Labour launched a broad campaign in the mass media with a view to generating discussion and debate on the dangers of discrimination in a country where the majority of the population is indigenous and to preventing the conflict from having a dangerous effect on access to employment in certain social sectors. The Committee notes the documentation provided by the Government, together with the cassettes and CD-ROMs containing publicity clips such as that produced by the Ombudsperson: “I won’t let myself be discriminated against, nor should you.” The Committee notes with interest the efforts made by the Government to address and put an end to discrimination. It would be grateful if the Government would keep it informed of the policies, measures taken and activities carried out to eliminate discrimination, particularly racial discrimination relating to employment and occupation, and their impact in practice.

4. Access to vocational training. The Committee notes the comprehensive information provided by the Government and the efforts made to facilitate access to vocational and university training for low-income students from rural areas. The Committee notes the various programmes developed by the University of San Andrés (UMSA) and by university-dependant institutes to provide cultural, technical and social training for workers and the general population. It also notes the activities of the Institute of Regional Development (IDR) and the technical university of Oruro in Tarija, and the various technical training programmes, such as that developed with the support of the Government of Denmark, aimed at generating further development in the agricultural sector (PETA) through alternative technical education for men and women from rural areas within the framework of a poverty-reduction programme. The Committee also notes, in particular, the programmes based on model policies with a gender perspective, which aim to improve employability and equality in vocational training by offering women a quality technical education. Such programmes include those being developed with the technical assistance of ILO–CINTERFOR, which has generated a model linking the women’s study programme to the needs of the productive sector, which continues to be carried at FORMUJER–Bolivia. FORMUJER focuses its efforts mainly on young women with low incomes. The success of this programme will depend on its ability to cover a broad group of people, to recognize ethnic and socio-cultural differences and to create possibilities to include different groups. The Committee would be grateful if the Government would continue providing information on the progress of these programmes, in particular on the progress made with regard to the inclusion of women and ethnic groups in the labour market, and on the impact of such programmes in practice.

5. The Committee notes that the creation of the Advisory Labour Council has, to date, not been possible, but that, since August 2004, the Programme for the Prevention and Resolution of Conflicts of the Organization of American States (OEA–PSPRC/Bolivia) has implemented a programme of technical assistance for the Ministry of Labour which involves three courses of action: (a) institutional strengthening; (b) education and training; and (c) advice and support. The Committee asks the Government to indicate how this programme incorporates policies on equality based on the criteria covered by the Convention.

CMNT_TITLE

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

1. In its previous observation, the Committee requested the Government to amend section 3 of the General Labour Act, under which the proportion of female staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee also requested that the amendment to the Labour Act take into account paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, since this would provide an opportunity to re-examine, in the light of up to date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, in consultation with the social partners and women workers, taking into account the measures aimed at promoting equality for men and women in employment. The Committee notes that, according to the Government, the current social and political conditions make any amendment to the General Labour Act impossible, mainly because of the workers themselves, who, fearing that any reform will open the way to the “flexibilization of work”, prefer to oppose any change. The Government indicates that although the General Labour Act Bill, prepared with the technical assistance of the ILO, is ready, it has not yet been adopted for the abovementioned reasons. The Government also indicates that the legal provision in question has fallen into disuse and is not applied in practice, and that the amendment of this section will therefore be a mere formality to adapt the provision to the reality of the situation in Bolivia. Noting the above, the Committee hopes that the Government will consider at the earliest opportunity bringing the legislation into line with the practice and asks to be kept informed in this regard.

2. The Committee notes with interest the 2004–07 National Public Policies Plan for the full exercise of women’s rights, prepared by the Vice-Ministry of Women, approved by Ministerial Decision No. 006 of 24 January 2005 and authenticated by Supreme Decree No. 28035 of 7 March 2005. In the economic dimension, the Plan identifies a context of ethnic poverty and discrimination common to indigenous men and women, natives and farmers, as well as gender-related elements of discrimination due to the sexual division of labour, the occupational pattern by gender and the segmentation and concentration of the female labour force, all of which widen the gender inequity gap in the economic field. The Plan puts forward a series of policies to eliminate discrimination, including institutional, training-related, economic and legal measures. The Committee requests the Government to keep it informed of the measures taken to apply the Plan and of their impact in practice. The Committee, noting that one of the development objectives of the Plan is to “amend laws that are sources of inequity for women and increase timely and effective access for women to the justice system, within the framework of the new Political Constitution of the State, until 2007”, would be grateful if the Government would keep it informed of any action taken to meet the abovementioned objective and of any progress made. The Committee also hopes that by amending the legislation to meet this objective, the Government will make an effort to achieve consensus so as to amend section 3 of the General Labour Act in the manner indicated by the Committee and that it will keep the Committee informed in this respect.

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

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Legislation. With reference to the issues addressed in points 1 and 2 of its previous direct request, the Committee notes that the basic rules of the national personnel administration system, approved by Supreme Decision No. 217064 of 23 May 1997, were amended by Supreme Decree No. 26115 of 16 March 2001, section 56 of which (“requirements”) provides that “all citizens, without any discrimination whatsoever, may aspire to obtain a career position …”, while section 67 (“revocation”) of the same Decree provides that “grounds for lodging an appeal for revocation are unfair or discriminatory treatment and violation of the law governing the conditions of service of public servants, the basic rules of the personnel administration system in the public sector or other current provisions relating to this matter”. The Committee also notes that Act No. 2027 of 1999 on the conditions of service of public servants lays down principles such as “equal opportunities without discrimination of any sort” (section 1(e)), the right to careers in the administration and the right to stability, inspired, amongst other things, by the principle of equality. The Committee notes that, according to the Government, the grounds for lodging an appeal for revocation such as that referred to by the Committee are covered by the terms “discriminatory treatment”, so as to avoid omissions that might lead to the appeal being rejected and which implies that the criteria of the Convention and of all other international human rights instruments are being taken into account. The report adds that, until now, only one case alluding to discrimination has been brought before the Civil Service Superintendence, and that this case involved a female public official dismissed for budgetary reasons who alleged discrimination on the grounds of disability. The official in question also referred to the obligation set forth in Supreme Decree No. 27477 of 2004, which requires public institutions to ensure that persons with disabilities make up 4 per cent of their total personnel. The official was asked to provide a certificate of disability and did not do so, yet the possibility of appeal was not refused given the broad terms of the anti-discriminatory legislation. The Committee duly notes that, according to the Government, all the grounds for discrimination that are prohibited by the Convention and by other international treaties are covered by the broad terms of the reform. The Committee asks the Government to keep it informed of any future appeals alleging discrimination on the grounds covered by the Convention, and the decisions taken, where appropriate.

2. In relation to point 3 of its previous direct request, the Committee notes that the Anti-Discrimination Bill presented by the President of the Human Rights Committee of the Chamber of Deputies did not achieve consensus on the approach to be adopted. At the initiative of the Permanent Assembly of Human Rights, an Anti-Discrimination Bill has recently been drafted and is currently the subject of civil society debate. It has been agreed that the Ministry of Labour, in conjunction with institutions dealing with indigenous peoples and the Ministry of Justice, will examine this Bill in the light of the Convention. The Committee reminds the Government that it is possible to request the technical assistance of the Office to examine the abovementioned Bill in the light of the Convention.

3. Racial discrimination. The Government’s report also indicates that, as well as the legislative measures which may be adopted, the Government has launched a vast anti-discrimination campaign at national level in response to a situation in which ethnic, racial and regional differences have been seriously exacerbated to the point of generating conflict between indigenous persons and mestizos and between persons born in the east (in Santa Cruz, cambas) and those born in the west (in La Paz, collas). The Ministry of Labour launched a broad campaign in the mass media with a view to generating discussion and debate on the dangers of discrimination in a country where the majority of the population is indigenous and to preventing the conflict from having a dangerous effect on access to employment in certain social sectors. The Committee notes the documentation provided by the Government, together with the cassettes and
CD-ROMs containing publicity clips such as that produced by the Ombudsperson: “I won’t let myself be discriminated against, nor should you”. The Committee notes with interest the efforts made by the Government to address and put an end to discrimination. It would be grateful if the Government would keep it informed of the policies, measures taken and activities carried out to eliminate discrimination, particularly racial discrimination relating to employment and occupation, and their impact in practice.

4. Access to vocational training. The Committee notes the comprehensive information provided by the Government and the efforts made to facilitate access to vocational and university training for low-income students from rural areas. The Committee notes the various programmes developed by the University of San Andrés (UMSA) and by university-dependant institutes to provide cultural, technical and social training for workers and the general population. It also notes the activities of the Institute of Regional Development (IDR) and the technical university of Oruro in Tarija, and the various technical training programmes, such as that developed with the support of the Government of Denmark, aimed at generating further development in the agricultural sector (PETA) through alternative technical education for men and women from rural areas within the framework of a poverty-reduction programme. The Committee also notes, in particular, the programmes based on model policies with a gender perspective, which aim to improve employability and equality in vocational training by offering women a quality technical education. Such programmes include those being developed with the technical assistance of ILO–CINTERFOR, which has generated a model linking the women’s study programme to the needs of the productive sector, which continues to be carried at FORMUJER–Bolivia. FORMUJER focuses its efforts mainly on young women with low incomes. The success of this programme will depend on its ability to cover a broad group of people, to recognize ethnic and socio-cultural differences and to create possibilities to include different groups. The Committee would be grateful if the Government would continue providing information on the progress of these programmes, in particular on the progress made with regard to the inclusion of women and ethnic groups in the labour market, and on the impact of such programmes in practice.

5. The Committee notes that the creation of the Advisory Labour Council has, to date, not been possible, but that, since August 2004, the Programme for the Prevention and Resolution of Conflicts of the Organization of American States (OEA–PSPRC/Bolivia) has implemented a programme of technical assistance for the Ministry of Labour which involves three courses of action: (a) institutional strengthening; (b) education and training; and (c) advice and support. The Committee asks the Government to indicate how this programme incorporates policies on equality based on the criteria covered by the Convention.

CMNT_TITLE

1. In its previous observation, the Committee requested the Government to amend section 3 of the General Labour Act, under which the proportion of female staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee also requested that the amendment to the Labour Act take into account paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, since this would provide an opportunity to re-examine, in the light of up to date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, in consultation with the social partners and women workers, taking into account the measures aimed at promoting equality for men and women in employment. The Committee notes that, according to the Government, the current social and political conditions make any amendment to the General Labour Act impossible, mainly because of the workers themselves, who, fearing that any reform will open the way to the “flexibilization of work”, prefer to oppose any change. The Government indicates that although the General Labour Act Bill, prepared with the technical assistance of the ILO, is ready, it has not yet been adopted for the abovementioned reasons. The Government also indicates that the legal provision in question has fallen into disuse and is not applied in practice, and that the amendment of this section will therefore be a mere formality to adapt the provision to the reality of the situation in Bolivia. Noting the above, the Committee hopes that the Government will consider at the earliest opportunity bringing the legislation into line with the practice and asks to be kept informed in this regard.

2. The Committee notes with interest the 2004-07 National Public Policies Plan for the full exercise of women’s rights, prepared by the Vice-Ministry of Women, approved by Ministerial Decision No. 006 of 24 January 2005 and authenticated by Supreme Decree No. 28035 of 7 March 2005. In the economic dimension, the Plan identifies a context of ethnic poverty and discrimination common to indigenous men and women, natives and farmers, as well as gender-related elements of discrimination due to the sexual division of labour, the occupational pattern by gender and the segmentation and concentration of the female labour force, all of which widen the gender inequity gap in the economic field. The Plan puts forward a series of policies to eliminate discrimination, including institutional, training-related, economic and legal measures. The Committee requests the Government to keep it informed of the measures taken to apply the Plan and of their impact in practice. The Committee, noting that one of the development objectives of the Plan is to “amend laws that are sources of inequity for women and increase timely and effective access for women to the justice system, within the framework of the new Political Constitution of the State, until 2007”, would be grateful if the Government would keep it informed of any action taken to meet the abovementioned objective and of any progress made. The Committee also hopes that by amending the legislation to meet this objective, the Government will make an effort to achieve consensus so as to amend section 3 of the General Labour Act in the manner indicated by the Committee and that it will keep the Committee informed in this respect.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the information provided by the Government in its report.

1. The Committee regrets to note once again that the Government’s report does not contain information on the issue raised in its previous request concerning the possibility for workers in the public sector to make allegations of discrimination on grounds of colour, national extraction or social origin in the context of the appeal procedure set out in section 14(2) of Supreme Decision No. 217064 of 23 May 1997 issuing basic rules for the personnel administration system in the public sector. The Committee reminds the Government that section 2(d) of the above Decision does not include the grounds of discrimination referred to above. The Committee urges the Government to provide the information requested in its next report, together with copies of administrative or judicial rulings on this matter.

2. In its previous comments, the Committee indicated to the Government the need to include "national extraction" as a ground upon which discrimination is prohibited. The Committee reminded the Government that the concept of national extraction does not refer to the distinctions that may be made between the citizens of one country and those of another, but to distinctions between the citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. Thus, discrimination based on national extraction means discrimination which may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State. The Committee requests the Government to take the above comments into account when amending its labour legislation.

3. The Committee notes the information provided by the Government in its report indicating that, due to the change of Government, the Bill prepared by the President of the Human Rights Committee of the Chamber of Deputies penalizing discrimination was not examined by the Congress. The Committee requests the Government to provide information in its next report of the adoption of measures to protect the population against acts of discrimination.

4. With reference to its comment in point 3 of its previous direct request, the Committee once again hopes that the Government will adopt measures to ensure equality of access to vocational training, particularly for persons who live far from the central areas and who do not have the necessary means.

5. The Committee notes the Government’s indication in its report of the existence of a draft Decree to establish a tripartite Advisory Labour Council which would be responsible for discussing and proposing social policies to achieve the economic and social development of the country in a framework of dialogue and concerted action. The Committee requests the Government to provide information in its next report of any progress made in relation to this important matter. The Committee also hopes that, once established, the Advisory Labour Council will take action to promote and ensure the application of the Convention.

CMNT_TITLE

The Committee notes the Government’s report.

Discrimination on grounds of sex. Further to its previous comments, the Committee regrets that once again the Government refers to a new preliminary draft text which is in the process of being revised and agreed to, but that there is as yet no concrete progress on the adoption of amendments to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee has pointed out on many occasions to the Government that this section is prejudicial to equality of opportunity and treatment on grounds of sex. The Committee reminds the Government once again that, in accordance with Article 3(c) of the Convention, each Member for which it is in force undertakes to repeal any statutory provisions which are inconsistent with the policy of equality of opportunity and treatment set out in Article 2. The Committee once again urges the Government to take the necessary measures to bring section 3 of the General Labour Act into conformity with the Convention. The above amendment to the labour law should also take into account paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, and should provide an opportunity to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, in consultation with the social partners and women workers, taking into account the measures aimed at promoting equality for men and women in employment.

The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

1. In its previous comments, the Committee referred to Supreme Decision No. 217064 of 23 May 1997 issuing basic rules for the personnel administration system in the public sector, which does not include in section 2(d) as prohibited criteria of discrimination, colour, national extraction and social origin. In this respect, it requested the Government to indicate whether, in the event that workers in the public sector alleged discrimination on grounds of colour, national extraction or social origin, they can make use of the appeal procedure set out in section 14(2) of the above Supreme Decision, or any other appeal procedure. The Committee also requested the Government to provide copies of any administrative and/or judicial decisions on this matter. The Committee notes that the Government’s report does not contain information in reply to its comment, or copies of the decisions requested. The Committee also notes the Government’s reference to national extraction in relation to section 3 of the General Labour Act. The Committee notes that section 3 refers to foreign and national workers, but does not include the term "national extraction". The Committee reminds the Government that the concept of national extraction does not refer to the distinctions that may be made between the citizens of one country and those of another, but to distinctions between the citizens of the same country on the basis of a person’s place of birth, ancestry or foreign origin. Thus, discrimination based on national extraction means discrimination which may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (see the Special survey on equality of employment and occupation, ILO, 1996, paras. 33 and 34). The Committee therefore once again urges the Government to provide information including copies of administrative and/or judicial decisions relating to this procedure, or any other means or recourse available to workers in the public sector alleging discrimination on grounds of colour, national extraction or social origin.

2. The Committee notes the information provided by the Government in its report that, although there are no legislative provisions or administrative practices which are discriminatory, due to the everyday customs and practices developed in the field of labour, there is a percentage of exclusion of certain social groups, for example as a result of demands to be of "good appearance" or not to have dependants. In this context, the Committee notes with interest the information provided by the Government that a Bill prepared by the President of the Human Rights Committee of the Chamber of Deputies has been submitted with a view to prohibiting discrimination on grounds of race, political ideas, descendancy, religion, culture, religious origin, sex, state of health, physical characteristics, nationality or economic or social situation, under penalty of six months to three years imprisonment and immediate dismissal in the case of public officials. The Committee refers to paragraph 58 of its General survey on equality in employment and occupation, 1998, in which it indicates that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee therefore hopes that measures will be adopted to broaden the provisions contained in the above Bill so as to include specific reference to colour and national extraction. The Committee requests the Government to provide information on the progress achieved in this respect.

3. The Committee notes the information referred to by the Government in its report that many parents are unable to provide vocational education to their children due to lack of means, and that the situation is worse for those who live far from central areas where schools are located, since the cost of transport is an additional cost over and above other needs. The Government also indicates that, although the State provides free education, it is totally precarious and does not cover demand. The Government adds in its report that, although the Act respecting educational reform resulted in a change in the system of teaching, the education system still lacks quality and shows many deficiencies in practice. The Committee trusts that the Government will adopt measures to provide equal access to vocational training, particularly for persons who live far from the central areas and who do not have the necessary means, and that it will adopt measures to provide quality training which offers opportunities for access to employment and occupation.

4. The Committee notes the information provided by the Government in its report that there are no legal provisions in any statutes respecting the cooperation of employers’ and workers’ organizations, with the exception of matters relating to wages. The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, each Member for which the Convention is in force undertakes to seek the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee requests the Government to provide information on this matter with its next report.

CMNT_TITLE

1. Discrimination on grounds of sex. As indicated by the Committee in its recent comments, for many years it has been referring to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee had pointed out to the Government that this provision is prejudicial to equality of opportunity and treatment on grounds of sex, and on many occasions it has expressed the hope that the revision of the General Labour Act would provide an opportunity to ensure compliance with the Convention in relation to equality of men and women in access to employment and occupation. The Government had indicated its intention to revise the above Act. It subsequently provided a report indicating that a draft of a new General Labour Act had been set aside and that, in the context of the programme of national dialogue initiated by the Government, it had been proposed to establish the parameters for future labour legislation. Finally, in its previous report, the Government indicated that the Ministry of Labour and Micro-Enterprises was evaluating a number of legal measures to review the criterion set out in section 3 of the General Labour Act. The Committee regrets to note that in its last report the Government indicates that there has been no amendment to the provisions offering special treatment for certain persons. The Committee reminds the Government that, in accordance with Article 3(c) of the Convention, each Member for which it is in force undertakes to repeal any statutory provisions which are inconsistent with the policy of equality of opportunity and treatment set out in Article 2. The Committee once again urges the Government to take the necessary measures to bring section 3 of the General Labour Act into conformity with the Convention so as to ensure equality for men and women in access to employment and occupation. The Committee requests the Government to provide information on this matter in its next report.

2. In its last comment, the Committee referred to paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985. It again urges the Government to take measures to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, taking into account, where appropriate, measures aimed at promoting equality in employment between men and women. The Committee reminds the Government that this revision should be carried out in consultation with the representatives of employers’ and workers’ organizations, and with the participation of women workers. The Committee requests the Government to provide information with its next report on the measures adopted in this respect and the progress achieved.

The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

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:

With reference to its previous comments, the Committee notes that, according to the report, although Supreme Decision No. 217064, of 23 May 1997, issuing basic rules for the personnel administration system in the public sector, does not include in the protection against discrimination (section 2(d)) the criteria of colour, national extraction or social origin, the Government considers that article 6 of the political Constitution of the State is sufficiently explicit and precise, and it does not consider it necessary to amend section 2 above at the present time. The Committee would be grateful if the Government would indicate whether, in the event that workers in the public sector allege discrimination on grounds of colour, national extraction or social origin, they can make use of the appeal procedure set out in section 14(2) of the Supreme Decision, under the terms of which "discriminatory or unjust treatment or violations of the rules which govern personnel administration in the public sector shall be grounds for the submission of appeals" or any other recourse procedures available to them. Please supply copies of any relevant administrative and/or judicial decisions.

CMNT_TITLE

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

1. Discrimination on grounds of sex. For many years, the Committee has been referring to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee had noted that this provision was prejudicial to equality of opportunity and treatment on grounds of sex and expressed the hope on many occasions that the revision of the General Labour Act would make it possible to comply with the Convention in relation to the equality of men and women in access to employment and occupation. The Government had previously indicated its intention of revising the Act, and then indicated that the draft of a new General Labour Act had been set aside and that, in the context of the programme of national dialogue initiated by the Government, it had been proposed to establish the parameters for future labour legislation. The Committee notes that, in its last report, the Government states that the General Labour Act remains in force and that there does not appear to have been any progress in amending it. It also notes that, according to the report, the types of enterprises and establishments which, by their nature do not require the use of women workers, include heavy transport and similar enterprises where the objective is that women should not suffer physical or psychological injury, nor damage to their reproductive capacity.

2. The Committee reiterates that this provision is not compatible with Article 3(c) of the Convention and requests the Government to take measures to review and amend it. It also recalls that maternity protection measures are intended to protect the maternal function, and are not considered to be in violation of the Convention pursuant to Article 5. With reference to paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, the Committee hopes that the Government will take measures to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, taking into account measures aimed at promoting equality in employment between men and women. This revision should be carried out in consultation with the representatives of employers’ and workers’ organizations, and with the participation of women workers. The Committee requests the Government to provide information on the measures adopted in this respect and the progress achieved.

3. The Committee is addressing a request directly to the Government on another point.

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

CMNT_TITLE

With reference to its previous comments, the Committee notes that, according to the report, although Supreme Decision No. 217064, of 23 May 1997, issuing basic rules for the personnel administration system in the public sector, does not include in the protection against discrimination (section 2(d)) the criteria of colour, national extraction or social origin, the Government considers that article 6 of the political Constitution of the State is sufficiently explicit and precise, and it does not consider it necessary to amend section 2 above at the present time. The Committee would be grateful if the Government would indicate whether, in the event that workers in the public sector allege discrimination on grounds of colour, national extraction or social origin, they can make use of the appeal procedure set out in section 14(2) of the Supreme Decision, under the terms of which "discriminatory or unjust treatment or violations of the rules which govern personnel administration in the public sector shall be grounds for the submission of appeals" or any other recourse procedures available to them. Please supply copies of any relevant administrative and/or judicial decisions.

CMNT_TITLE

1.  Discrimination on grounds of sex.  For many years, the Committee has been referring to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee had noted that this provision was prejudicial to equality of opportunity and treatment on grounds of sex and expressed the hope on many occasions that the revision of the General Labour Act would make it possible to comply with the Convention in relation to the equality of men and women in access to employment and occupation. The Government had previously indicated its intention of revising the Act, and then indicated that the draft of a new General Labour Act had been set aside and that, in the context of the programme of national dialogue initiated by the Government, it had been proposed to establish the parameters for future labour legislation. The Committee notes that, in its last report, the Government states that the General Labour Act remains in force and that there does not appear to have been any progress in amending it. It also notes that, according to the report, the types of enterprises and establishments which, by their nature, do not require the use of women workers include heavy transport and similar enterprises where the objective is that women should not suffer physical or psychological injury, nor damage to their reproductive capacity.

2.  The Committee reiterates that this provision is not compatible with Article 3(c) of the Convention and requests the Government to take measures to review and amend it. It also recalls that maternity protection measures are intended to protect the maternal function, and are not considered to be in violation of the Convention pursuant to Article 5. With reference to paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985, the Committee hopes that the Government will take measures to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, taking into account measures aimed at promoting equality in employment between men and women. This revision should be carried out in consultation with the representatives of employers’ and workers’ organizations, and with the participation of women workers. The Committee requests the Government to keep it informed of the measures adopted in this respect and the progress achieved.

3.  The Committee is addressing a request directly to the Government on another point.

CMNT_TITLE

1. In its previous direct request, the Committee referred to the draft of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", noting that the non-discrimination provision contained in the draft mentioned only the grounds of race, religion and political opinion. The Committee requested that the Government consider the possibility of including colour, sex, national extraction and social origin, the other grounds of non-discrimination set forth in the Convention.

The Committee notes that, according to the information contained in the Government's report, the "Basic Rules of the Personnel Administration System for the Public Sector" were approved by Executive Resolution No. 217064 of 23 May 1997. The Committee observes that section 2(d) of the above-referenced Rules establishes that the personnel administration system is based upon, inter alia, the principle of non-discrimination. Section 2(d) provides for "equal access to employment and career development in the public sector, without distinction on the basis of race, sex, political affiliation, or religious beliefs". The Committee notes with interest that the ground of sex was added to the version of the Rules that was adopted, but it regrets that the other grounds, including colour, national extraction and social origin, are absent from the final version of the above-mentioned provision. The Committee makes reference to paragraph 58 of the 1988 ILO General Survey on equality in employment and occupation, which provides that, "where provisions are adopted in order to give effect to the principles contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a) of the Convention". The Committee also refers to article 6 of the Bolivian Constitution, which prohibits discrimination "on the grounds of race, sex, language, religion, political or other opinion, origin, economic or social status or any other". The Committee asks the Government to consider the possibility of amending section 2(d) of the "Basic Rules of the Personnel Administration System for the Public Sector" to include, at a minimum, all of the grounds of non-discrimination mentioned in the Convention.

2. The Committee noted the Report of the Human Rights Commission, Volume I, General Assembly, Official Documents, Fifty-second Session, Supplement No. 40 (A/52/40), in which the Human Rights Commission expressed its concern that "despite the constitutional guarantees of women's rights and the legislation intended to eradicate discrimination, women in Bolivia continue to be subjected to unequal treatment, due in part to the continued presence of traditional attitudes and the existence of certain antiquated laws that squarely contravene the provisions of the Pact". In previous comments, the Committee had made reference to section 3 of the General Labour Act, according to which the proportion of female staff may not exceed 45 per cent in businesses and establishments that, by their nature, do not require the use of a larger proportion of female labour. The Committee had noted that a draft Labour Act omitting the above provision was due to be submitted to the National Congress. The Committee notes that this draft Bill has not been adopted and that section 3 of the General Labour Act remains in effect.

The Committee asks the Government to provide information regarding the types of businesses or establishments that are not deemed to require female labour. The Government is also requested to indicate the measures taken or contemplated to ensure observance of the Convention, which provides for equality of opportunity and treatment between women and men with respect to access to all types of employment.

CMNT_TITLE

The Committee notes with regret 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. The Committee recalls that the draft revision of the General Labour Act prepared with technical assistance from the International Labour Office was completed at the end of 1990. It observes that after its circulation to the employers' and workers' organizations -- although they have not commented on it -- the present Government envisages the possibility (among others) of holding discussions with the employers and workers, with a view to possibly reaching a consensus on the drafting of specific changes to the present legislation. The Committee asks the Government to keep it informed on this subject.

2. The Committee notes the draft of August 1994 of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", a final version of which will be sent as soon as it has been adopted. The Committee notes that section B.2.02 "Standards", under subsection (d), states that discrimination of a political, racial or religious nature shall be avoided in selecting the person best suited to a given post, but it does not mention colour, sex, national extraction or social origin as set out in Article 1, paragraph 1(a), of the Convention. The Committee refers to paragraph 58 of its 1988 General Survey on equality in employment and occupation, and asks the Government to consider including these grounds before the adoption of the final version of the above Rules.

3. The Committee thanks the Government for having sent the draft document of the Ministry of Economy and Economic Development, of August 1994, which constitutes the Public Service Regulations pursuant to Act No. 1178 of 1990. The Committee observes that this document contains no specific provisions on the elimination of discrimination in the public sector or on the promotion of equality. Since the Committee has already noted the absence of provisions in the main Act (No. 1178 of 1990) and Presidential Decree No. 23326 of 1992 establishing the programme of careers in the public administration, it asks the Government to consider including in the final version of the above Rules, in section 123 for instance, a provision to cover this subject-matter in accordance with Article 3(d) of the Convention.

4. Under section 12(e) of Presidential Decree No. 23326 of 1992, a court sentence or other "impediments and incompatibilities specific to the public service" disqualify a person from being admitted to and remaining in the public service as a career civil servant. The Committee again asks the Government to state what the "impediments and incompatibilities" are, and to provide a copy of the Manual of Posts in the Public Administration, referred to in section 12(c) of the Presidential Decree.

CMNT_TITLE

The Committee notes with regret 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. The Committee recalls that the draft revision of the General Labour Act prepared with technical assistance from the International Labour Office was completed at the end of 1990. It observes that after its circulation to the employers' and workers' organizations - although they have not commented on it - the present Government envisages the possibility (among others) of holding discussions with the employers and workers, with a view to possibly reaching a consensus on the drafting of specific changes to the present legislation. The Committee asks the Government to keep it informed on this subject.

2. The Committee notes the draft of August 1994 of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", a final version of which will be sent as soon as it has been adopted. The Committee notes that section B.2.02 "Standards", under subsection (d), states that discrimination of a political, racial or religious nature shall be avoided in selecting the person best suited to a given post, but it does not mention colour, sex, national extraction or social origin as set out in Article 1, paragraph 1(a), of the Convention. The Committee refers to paragraph 58 of its 1988 General Survey on equality in employment and occupation, and asks the Government to consider including these grounds before the adoption of the final version of the above Rules.

3. The Committee thanks the Government for having sent the draft document of the Ministry of Economy and Economic Development, of August 1994, which constitutes the Public Service Regulations pursuant to Act No. 1178 of 1990. The Committee observes that this document contains no specific provisions on the elimination of discrimination in the public sector or on the promotion of equality. Since the Committee has already noted the absence of provisions in the main Act (No. 1178 of 1990) and Presidential Decree No. 23326 of 1992 establishing the programme of careers in the public administration, it asks the Government to consider including in the final version of the above Rules, in section 123 for instance, a provision to cover this subject-matter in accordance with Article 3(d) of the Convention.

4. Under section 12(e) of Presidential Decree No. 23326 of 1992, a court sentence or other "impediments and incompatibilities specific to the public service" disqualify a person from being admitted to and remaining in the public service as a career civil servant. The Committee again asks the Government to state what the "impediments and incompatibilities" are, and to provide a copy of the Manual of Posts in the Public Administration, referred to in section 12(c) of the Presidential Decree.

CMNT_TITLE

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. The Committee recalls that the draft revision of the General Labour Act prepared with technical assistance from the International Labour Office was completed at the end of 1990. It observes that after its circulation to the employers' and workers' organizations - although they have not commented on it - the present Government envisages the possibility (among others) of holding discussions with the employers and workers, with a view to possibly reaching a consensus on the drafting of specific changes to the present legislation. The Committee asks the Government to keep it informed on this subject.

2. The Committee notes the draft of August 1994 of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", a final version of which will be sent as soon as it has been adopted. The Committee notes that section B.2.02 "Standards", under subsection (d), states that discrimination of a political, racial or religious nature shall be avoided in selecting the person best suited to a given post, but it does not mention colour, sex, national extraction or social origin as set out in Article 1, paragraph 1(a), of the Convention. The Committee refers to paragraph 58 of its 1988 General Survey on equality in employment and occupation, and asks the Government to consider including these grounds before the adoption of the final version of the above Rules.

3. The Committee thanks the Government for having sent the draft document of the Ministry of Economy and Economic Development, of August 1994, which constitutes the Public Service Regulations pursuant to Act No. 1178 of 1990. The Committee observes that this document contains no specific provisions on the elimination of discrimination in the public sector or on the promotion of equality. Since the Committee has already noted the absence of provisions in the main Act (No. 1178 of 1990) and Presidential Decree No. 23326 of 1992 establishing the programme of careers in the public administration, it asks the Government to consider including in the final version of the above Rules, in section 123 for instance, a provision to cover this subject-matter in accordance with Article 3(d) of the Convention.

4. Under section 12(e) of Presidential Decree No. 23326 of 1992, a court sentence or other "impediments and incompatibilities specific to the public service" disqualify a person from being admitted to and remaining in the public service as a career civil servant. The Committee again asks the Government to state what the "impediments and incompatibilities" are, and to provide a copy of the Manual of Posts in the Public Administration, referred to in section 12(c) of the Presidential Decree.

CMNT_TITLE

1. The Committee recalls that the draft revision of the General Labour Act prepared with technical assistance from the International Labour Office was completed at the end of 1990. It observes that after its circulation to the employers' and workers' organizations - although they have not commented on it - the present Government envisages the possibility (among others) of holding discussions with the employers and workers, with a view to possibly reaching a consensus on the drafting of specific changes to the present legislation. The Committee asks the Government to keep it informed on this subject.

2. The Committee notes the draft of August 1994 of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", a final version of which will be sent as soon as it has been adopted. The Committee notes that section B.2.02 "Standards", under subsection (d), states that discrimination of a political, racial or religious nature shall be avoided in selecting the person best suited to a given post, but it does not mention colour, sex, national extraction or social origin as set out in Article 1, paragraph 1(a), of the Convention. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, and asks the Government to consider including these grounds before the adoption of the final version of the above Rules.

3. The Committee thanks the Government for having sent the draft document of the Ministry of Economy and Economic Development, of August 1994, which constitutes the Public Service Regulations pursuant to Act No. 1178 of 1990. The Committee observes that this document contains no specific provisions on the elimination of discrimination in the public sector or on the promotion of equality. Since the Committee has already noted the absence of provisions in the main Act (No. 1178 of 1990) and Presidential Decree No. 23326 of 1992 establishing the programme of careers in the public administration, it asks the Government to consider including in the final version of the above Rules, in section 123 for instance, a provision to cover this subject-matter in accordance with Article 3(d) of the Convention.

4. Under section 12(e) of Presidential Decree No. 23326 of 1992, a court sentence or other "impediments and incompatibilities specific to the public service" disqualify a person from being admitted to and remaining in the public service as a career civil servant. The Committee again asks the Government to state what the "impediments and incompatibilities" are, and to provide a copy of the Manual of Posts in the Public Administration, referred to in section 12(c) of the Presidential Decree.

CMNT_TITLE

The Committee notes the Government's report and the information to the effect that the preliminary draft of a new General Labour Act has been sent to the employers' and workers' organizations for approval. Since the Government has been referring to the above draft since 1990, the Committee hopes that it will be discussed and adopted by the National Congress in the near future. It asks the Government to keep it informed of any progress in this respect.

1. The Committee notes that Act No. 1178 repealed Legislative Decree No. 11049 and that the present Presidential Decree, No. 23326 of 10 November 1992, establishes the Administrative Careers Act but contains no provisions on forms of discrimination and their prohibition. The Committee asks the Government to state which legal provisions prohibit discrimination on the various grounds set out in Article 1, paragraph 1(a), of the Convention, in the public sector.

2. Subsection (c) of section 12 of Presidential Decree No. 23326 refers to a Manual of Posts in the Public Administration. Subsection (e) refers to "impediments and specific incompatibilities of the public service". The Committee asks the Government to provide a copy of the above Manual and to state what these impediments and incompatibilities are, and to provide a copy of the legal text establishing and defining them.

3. The second paragraph of section 13 of Decree No. 23326 refers to the creation of a "Governing Body of the System". The Committee asks the Government to provide copies of the regulations governing (a) the creation and procedure of the Governing Body of the System; (b) the convening of applicants to competitive examinations and the selection of candidates; and (c) a copy of the manual governing recruitment in the public administration.

CMNT_TITLE

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. The Committee notes with interest that its previous comments concerning departures from section 3 of the General Labour Act (which limits women's access to employment) are superseded in the context of the new draft General Labour Act which will be submitted to the National Congress once a consensus has been reached between the parties concerned. The Committee hopes that this Act can be adopted in the near future; it asks the Government to be good enough to supply a copy of the Act once it has been adopted.

2. With regard to procedures and measures for ensuring equality of opportunity and treatment in appointment to and promotion within the public service, the Committee takes note of the text of the Administrative Careers Act (Legislative Decree No. 11049 of 24 August 1973) supplied in response to its previous direct request. The Committee notes, however, that section 13 of the Administrative Careers Act provides that "there shall be no discrimination as to sex or of a political or religious nature" in making appointments, but does not mention the other grounds for discrimination enumerated in Article 1, paragraph 1(a) of the Convention, such as race, colour, national extraction and social origin. The Committee refers to paragraph 58 of its General Survey of 1988 on equality in employment and occupation, in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. The Committee accordingly hopes that measures will be taken to expand the provisions of section 13 of the Administrative Careers Act so as expressly to mention race, colour, national extraction and social origin. The Committee asks the Government to be good enough to supply information about the progress made in this respect.

CMNT_TITLE

The Committee takes note of the Government's report.

1. The Committee notes with interest that its previous comments concerning departures from section 3 of the General Labour Act (which limits women's access to employment) are superseded in the context of the new draft General Labour Act which will be submitted to the National Congress once a consensus has been reached between the parties concerned. The Committee hopes that this Act can be adopted in the near future; it asks the Government to be good enough to supply a copy of the Act once it has been adopted.

2. With regard to procedures and measures for ensuring equality of opportunity and treatment in appointment to and promotion within the public service, the Committee takes note of the text of the Administrative Careers Act (Legislative Decree No. 11049 of 24 August 1973) supplied in response to its previous direct request. The Committee notes, however, that section 13 of the Administrative Careers Act provides that "there shall be no discrimination as to sex or of a political or religious nature" in making appointments, but does not mention the other grounds for discrimination enumerated in Article 1, paragraph 1(a) of the Convention, such as race, colour, national extraction and social origin. The Committee refers to paragraph 58 of its General Survey of 1988 on equality in employment and occupation, in which it states that, where provisions are adopted in order to give effect to the principle contained in Convention No. 111, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention. The Committee accordingly hopes that measures will be taken to expand the provisions of section 13 of the Administrative Careers Act so as expressly to mention race, colour, national extraction and social origin. The Committee asks the Government to be good enough to supply information about the progress made in this respect.

CMNT_TITLE

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 its previous direct request, the Committee referred to section 3 of the General Labour Act under which the number of women employees shall not exceed 45 per cent in any enterprise or establishment which, owing to its nature, does not require a higher percentage of women employees, and requested the Government to indicate the types of enterprise or establishment which, owing to their nature, do not require women employees.

The Committee takes note of the information supplied by the Government concerning the updating of the General Labour Act and its alignment with the international Conventions ratified by Bolivia, to the effect that the preliminary draft of the new Act is to be completed by 31 October next.

The Committee recalls that under Article 3(c) of the Convention, each Member for which this Convention is in force undertakes to repeal any statutory provisions which are inconsistent with the policy of equal opportunity and treatment laid down by the Convention. The provision contained in section 3 of the General Labour Act as it now stands limits the access of women to employment, thereby impairing equality of opportunity and treatment on the basis of sex which is one of the criteria in the definition of discrimination contained in Article 1(a) of the Convention.

The Committee hopes that the revised General Labour Act will make it possible to ensure that the Convention is respected with regard to equality for men and women in respect of access to employment and occupation.

The Committee requests the Government to continue providing information on this matter.

2. The Committee notes that the Government's report contains no information on the procedures and measures to ensure equality of opportunity and treatment in respect of appointment and promotion in the public service (Article 3(d) of the Convention), requested by the Committee in previous comments. It therefore repeats its request to the Government to report on this matter and to supply a copy of the Administrative Careers Act.

CMNT_TITLE

1. In its previous direct request, the Committee referred to section 3 of the General Labour Act under which the number of women employees shall not exceed 45 per cent in any enterprise or establishment which, owing to its nature, does not require a higher percentage of women employees, and requested the Government to indicate the types of enterprise or establishment which, owing to their nature, do not require women employees.

The Committee takes note of the information supplied by the Government concerning the updating of the General Labour Act and its alignment with the international Conventions ratified by Bolivia, to the effect that the preliminary draft of the new Act is to be completed by 31 October next.

The Committee recalls that under Article 3(c) of the Convention, each Member for which this Convention is in force undertakes to repeal any statutory provisions which are inconsistent with the policy of equal opportunity and treatment laid down by the Convention. The provision contained in section 3 of the General Labour Act as it now stands limits the access of women to employment, thereby impairing equality of opportunity and treatment on the basis of sex which is one of the criteria in the definition of discrimination contained in Article 1(a) of the Convention.

The Committee hopes that the revised General Labour Act will make it possible to ensure that the Convention is respected with regard to equality for men and women in respect of access to employment and occupation.

The Commttee requests the Government to continue providing information on this matter.

2. The Committee notes that the Government's report contains no information on the procedures and measures to ensure equality of opportunity and treatment in respect of appointment and promotion in the public service (Article 3(d) of the Convention), requested by the Committee in previous comments. It therefore repeats its request to the Government to report on this matter and to supply a copy of the Administrative Careers Act.