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

Maternity Protection Convention (Revised), 1952 (No. 103) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes the detailed information provided concerning the Maternal and Child Universal Insurance Scheme (SUMI) (Act No. 2426 of 21 November 2002) and the “Juana Azurduy” Mother Child Voucher (Supreme Decree No. 0066 on 3 April 2009), the beneficiaries of which are pregnant women and women who have recently given birth and children up to 2 years of age (Article 4(4),(5) and (8) of the Convention). The Committee also notes the Government’s indication that it is planned to prepare bills which will take into account its requests, particularly with regard to women agricultural workers (Article 1), the harmonization of the duration of maternity leave in labour and social security legislation (Article 3(2)), maternity leave in the event of birth after the presumed date (Article 3(4)) and pauses for nursing (Article 5). Recalling that in its previous comments the Committee also noted the preparation of a bill, in collaboration with the Bolivian Central of Workers (COB), to amend the current General Labour Act, it hopes that the respective texts will be adopted in the near future.

Article 1 of the Convention. Scope of application. Women domestic workers. The Committee notes the indication that the information requested will be provided in the context of the application of the Domestic Workers Convention, 2011 (No. 189), which has recently been ratified. While welcoming the ratification of Convention No. 189, the Committee emphasizes that the objective of Article 14 of that Convention is to ensure that domestic workers enjoy conditions that are not less favourable than those applicable to workers generally in respect of social security protection, including with respect to maternity. For this reason, substantive information on the legal framework in respect of maternity protection applicable to domestic workers has to be provided by the Government in the context of the application of the present Convention. The Committee therefore requests the Government to: (1) supplement Act No. 2450 of 2003 to ensure a better application of the Convention to women domestic workers in relation to the compulsory nature of postnatal leave, the extension of prenatal leave in the event of birth after the presumed date, pauses for nursing to be counted as working hours and remunerated accordingly; (2) indicate whether Decree No. 0012 of 19 February 2009, and Supreme Decree No. 0496 of 1 May 2010, apply to domestic workers; and (3) indicate in the next report the measures adopted or envisaged to ensure that section 20 of Act No. 2450, which provides for cases in which no payment of social benefits is made, cannot be applied to maternity benefits due to women workers who are absent from work, in accordance with Article 3 of the Convention.