Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.