Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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.