Equal Remuneration Convention, 1951 (No. 100) - Bolivia (Plurinational State of) (Ratification: 1973)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Articles 1 to 4 of the Convention. Gender pay gap. The Committee notes the information provided by the Government in its report on various measures to promote gender equality in employment and occupation, and also the statistical information on access to various levels of education for girls and women. In order to be able to identify trends in the gender pay gap in the country, the Committee requests the Government to provide statistical information on the remuneration received by women and men, if possible disaggregated by branch of activity and occupation, and on any data available on the gender pay gap.

Recalling that one of the underlying causes of the gender pay gap is often gender-related occupational segregation (where women tend to be concentrated in certain jobs and occupations which, in turn, are often characterized by lower pay and worse professional prospects), the Committee refers in this regard to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 1(b) and 2(2)(a). Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with satisfaction that the Government reports the adoption of Supreme Decree No. 4401 of 2020, which provides that “the State shall promote the entry of women into employment and also the same remuneration for women and men for work of equal value” (section 5(I)) and that “it shall be prohibited to consider differences or justify the existence of a wage gap through aspects directly or indirectly linked to the fact of being a woman, on grounds of pregnancy, maternity, paternity, breastfeeding or family responsibilities” (section 7(I)). This Decree is applicable in entities of the State and other public institutions, and to natural and legal persons in the private sector that have the status of employer (section 2(II)).

Article 3. Objective job evaluation. The Government indicates that, under Supreme Decree No. 4401 of 2020, work of equal value is defined as “work which has substantial similarities in duties, effort, skill and responsibility, and which is performed under similar conditions” (section 3(b)). The Committee observes that this definition includes several of the factors which the Committee considers quite appropriate for objective job evaluation, such as effort, responsibilities and working conditions. However, it observes that this definition does not include qualifications as an evaluation factor and appears to be limited to work performed “under similar conditions”, which would be too restrictive in terms of the principle of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 675 and 700; and the ILO’s “Equal pay: An introductory guide“, pages 31–32 and 38–46). The Committee requests the Government to provide information on the manner in which Decree No. 4401 of 2020 is applied in practice and, in particular: (i) indicate whether objective job evaluations have been carried out or whether a specific procedure has been established for this: (ii) clarify whether “qualifications” are taken into account as a factor for comparing work of the same value and in what way; and (iii) provide information on any measures taken to enable a comparison of the value of work done under different conditions.

Enforcement. The Committee notes the Government’s indication that a total of ten cases involving the levelling up of wages were handled pursuant to Supreme Decree No. 4401. The Committee requests the Government to continue providing information on any cases involving the levelling up of wages that have occurred pursuant to Supreme Decree No. 4401 and their outcome.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comments, the Committee requested the Government to provide up-to-date statistical information on the remuneration received by men and women in the public and the private sectors, disaggregated by sex and by sector of activity, and on the specific measures taken to reduce the wage gap and on the results obtained. The Committee notes the statistical information, provided by the Government in its report, on the wage gap in the private sector as of March 2018, prepared by the National Institute of Statistics (INE), which confirms that, in almost all categories, men earn one percentage point more than women: among managers and administrators, men’s wages are 1.35 per cent higher than those of women; among professionals, men earn 1.23 per cent more than women; and men skilled workers earn 1.68 per cent more than women skilled workers. The Committee notes however, that the Government has not provided information on the measures adopted with a view to promoting the effective application of the principle of the Convention and the results achieved. In this respect, the Committee wishes to recall that, giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important, but not sufficient to achieve the goal of the Convention. It is also important to take effective measures in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value (see the 2012 General Survey on the fundamental Conventions, paragraphs 670 and 710). The Committee therefore requests the Government to: (i) take the necessary measures, without delay, to address the existing gender pay gap with a measurable impact, particularly through education and training measures for women that enable them to access a wider range of jobs with career prospects and higher wages, including in sectors where men predominate, in both the private and public sectors; and (ii) provide statistical information on the labour market participation rates of men and women, disaggregated by sex, economic sector and occupation, as well as information disaggregated by sex on participation rates in education and vocational training.

Article 3. Objective job evaluation. Noting the absence in the Government’s report of specific information on the measures adopted or envisaged with a view to promoting the adoption of a method for the objective evaluation of jobs, in accordance with Article 3 of the Convention, the Committee once again urges the Government to take the necessary measures to adopt a method of measuring and comparing the relative value of different jobs in order to determine whether jobs are of equal value.

Monitoring application. In its previous comments, the Committee requested the Government to provide information on any measures adopted to establish suitable mechanisms for reporting cases of wage discrimination, the number of any such complaints filed and the action taken in this regard. The Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Welfare has mechanisms to receive such complaints through the inspectorate units located in the nine departmental and 15 regional labour offices throughout the national territory, and that there were no complaints of wage discrimination in 2018. In this respect, the Committee wishes to recall that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints could also indicate that the system of recording violations is insufficiently developed. In its General Survey of 2012 on the fundamental Conventions (paragraph 871), the Committee invites member States to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee also stresses the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms. The Committee requests the Government to continue providing information on the application of the mechanisms for reporting cases of wage discrimination, the number of any such complaints filed and the follow-up given to these complaints.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee requested the Government to provide information on any developments in the adoption of the preliminary draft amendment to the General Labour Act of 24 May 1939 (or the Government’s proposed text for a new General Labour Act), to give full effect to the principle of the Convention, as enshrined in the 2009 Political Constitution (article 5(V)): “the State shall promote the integration of women into work and shall ensure that women receive the same remuneration as men for work of equal value, in both the public and private sectors”). The Committee notes the Government’s indication in its report that the Government’s proposal to reform the General Labour Act has been ready for several years. It has not been adopted due to disagreement between workers’ representatives, and the Government is awaiting a general consensus. In this respect, the Committee wishes to recall that the Convention acknowledges that employers’ and workers’ organizations must have a key role in its implementation if it is to be effective (see the 2012 General Survey on the fundamental Conventions, paragraph 655). The Committee trusts that the Government will maintain social dialogue with employers’ and workers’ organizations with a view to ensuring that the Government’s proposed text for the new General Labour Act gives full effect to the principle of equal remuneration for men and women for work of equal value, in accordance to article 48 of the Constitution and with the Convention. The Committee once again requests the Government to take the necessary measures to ensure that the Government’s proposed text for the new General Labour Act is adopted in the near future and that it gives full effect to the Convention. Meanwhile, the Committee requests the Government to provide information on the proactive measures adopted to give effect to the principle, for example, regular awareness-raising campaigns and information for the general public, the promotion of clauses on equal remuneration for men and women for work of equal value or the promotion of methods to measure and compare the value of different jobs.

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

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

Articles 1 and 2 of the Convention. Gender wage gap. In its previous comments, the Committee requested the Government to send up-to-date statistical information on the remuneration paid to men and women in the public and the private sectors. The Committee notes that according to the information from the National Statistics Institute (INE), in 2013, the wages of women were 771.72 Bolivianos (BOB) lower than that of men, while in 2014 the differential fell to BOB658.34 and the minimum wage for that period was BOB1,440. To enable it to ascertain the wage gap in the country and follow developments in wage differentials, the Committee requests the Government to provide up-to-date statistical information on the remuneration received by men and women in the public and the private sectors, disaggregated by sex and by sector of activity. The Committee also asks the Government to provide information on the specific measures taken to reduce the wage gap and on the results obtained.

Article 3. Objective job evaluation. Recalling that the concept of “equal value” requires a method for measuring and comparing the relative value of different jobs, the Committee requests the Government to report on the measures taken or envisaged to promote the adoption of a method for the objective evaluation of jobs, in accordance with Article 3 of the Convention.

Monitoring application. The Committee notes that in its report the Government indicates that the Labour Complaints Monitoring System has received no complaints of wage discrimination but that suitable mechanisms are to be devised for reporting and following up any instances of discrimination in remuneration. The Committee requests the Government to provide information on any measures adopted to establish suitable mechanisms for reporting cases of wage discrimination, the number of any such complaints filed and the action taken in this regard.

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

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee noted that the Government reported that the preliminary draft amendment to the General Labour Act provides that “the State, through the Ministry of Labour, shall promote the integration of women in employment and shall guarantee the same remuneration as for men for work of equal value”. The Committee also noted that, according to the Government, the draft had come to a standstill because the Bolivian Central of Workers (COB), which is involved in its drafting, had requested that the health and municipal sectors participate in the work on the amendments to the Labour Act. The Committee further noted that the Government indicated that the National Plan of Action for Human Rights 2009–13 referred to the formulation and implementation of a cultural campaign for “equal work, equal wages, equal opportunities and equal rights”. The Committee notes that in its report, the Government provides no further information on these points. It nonetheless notes that under the new National Plan of Action for Human Rights 2014–18, an evaluation of the 2009–13 plan is being conducted but it contains no details of the measures taken to apply the principle of the Convention. Recalling that article 48 of the Constitution refers to the principle of equal remuneration for work of equal value, the Committee requests the Government to take the necessary measures to ensure that the General Labour Act is adopted shortly and that it gives full effect to the principle of the Convention. It requests the Government to provide information on the progress of the preliminary draft of the Act and on any other measures taken by the Government to give full effect to the principle of equal remuneration for work of equal value.

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

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

Gender wage gap. The Committee notes the statistical information provided by the Government indicating that in 2009, 13.5 per cent of men and 24.5 per cent of women were underemployed (18.2 per cent of these women received a wage that was lower than the cost of the basic food basket). Furthermore, 51.9 per cent of men and 60.6 per cent of women were working in the informal sector. The Government also refers to Supreme Decree No. 1213 of 1 May 2012, which establishes the basic wage and makes no distinction between men and women. The Government adds that it is setting out to eradicate precarious work and underemployment under the National Development Plan. The Committee notes that in its report concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government refers to the National Equal Opportunities Plan, “Women building a new Bolivia to live well”, of which one of the objectives is to promote equal pay between men and women. The Committee notes, however, that the Government has not provided specific information on the measures adopted with a view to reducing the wage gap and recalls that pay differentials remain one of the most persistent forms of inequality between women and men. This requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see General Survey on the fundamental Conventions, 2012, paragraphs 668 and 669). The Committee asks the Government to send updated statistical information on the remuneration of men and women in the public and private sectors to enable it to determine the remuneration gap existing in the country and the evolution thereof. The Committee also asks the Government to provide information on the impact of the measures adopted within the framework of the National Development Plan and the Five-Year Plan for Women 2008–12 to combat precarious employment and underemployment and to reduce the existing wage gap. It is also asked to provide information on the measures adopted within the framework of the National Equal Opportunities Plan, “Women building a new Bolivia to live well”, with a view to reducing the wage gap and raising awareness about the principle of equal remuneration for men and women for work of equal value.

Objective job evaluation. Recalling that the concept of “equal value” presupposes a method of assessment and comparison of the relative value of various jobs, the Committee asks the Government to provide information on the measures adopted or envisaged to promote objective job evaluation, in accordance with Article 3 of the Convention.

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

Principle of equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted the Government’s indication that the preliminary draft amendment to the General Labour Act provided that “the State, through the Ministry of Labour, shall promote the inclusion of women at work and shall guarantee the same remuneration as for men for work of equal value”. In this respect, the Committee notes that, according to the Government, work on this draft has come to a standstill because the Bolivian Central of Workers (COB), which is involved in its drafting, has requested that the health and municipal sectors participate in the work on the Labour Act. The Committee also notes that, according to a communication sent by the Government from the Vice-Ministry of Justice and Fundamental Rights, the National Plan of Action for Human Rights 2009–2013 refers, in its Chapter 6 on women’s rights, to the formulation and implementation of a cultural campaign for “equal work, equal wages, equal opportunities and equal rights” and that the body responsible for implementing this chapter is the Ministry of Labour. Recalling that article 48 of the Constitution refers to the principle of equal remuneration for work of equal value, the Committee hopes that the General Labour Act will be adopted in the near future and that it will give full effect to the principle of the Convention. The Committee asks the Government to send information on any developments in this respect. The Committee also asks the Government to send specific information on the measures adopted by the Ministry of Labour, in the context of the implementation of Chapter 6 on women’s rights of the National Plan of Action for Human Rights, for which it is responsible.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Wage gap. The Committee notes the Government’s indication that the Ministry of the Economy and Public Finance is responsible for determining wage policies and that, under the terms of Act No. 045 to combat racism and any form of discrimination, of 8 October 2010, there can be no difference in the minimum wage received by men and women. The Government indicates that where differences exist, they are due to the use of precarious work and underemployment. The Government adds that it is not yet possible to evaluate the impact of the Five-Year Plan for Women 2008–12, because it is still being implemented. The Government adds that the Ministry of Labour is responsible for establishing effective means of monitoring compliance with the provisions respecting non-discrimination in employment. The Committee asks the Government to provide information on the tangible measures adopted with a view to reducing the wage gap, including any relevant measure adopted by the Ministry of Justice in the context of Supreme Decree No. 29894, establishing the organizational structure of the State. The Committee further asks the Government to provide information, when this becomes available, on the impact of the Five-Year Plan for Women 2008–12 in terms of reducing the wage gap. The Committee asks the Government to provide the available information on the incidence of precarious work and underemployment in the employment of women and men.

Distribution of men and women in the public sector. The Committee notes the Government’s indication that it has no information available in this respect. The Committee encourages the Government to take measures to compile information on the percentage of men and women in the public sector, including the health and education sectors, disaggregated by professional category and remuneration, including wage supplements. The Committee also asks the Government to provide information on any measures adopted recently to promote the principle of equal remuneration for work of equal value in the public sector.

Private sector. The Committee asks the Government to provide information on any initiatives adopted in the private sector, in cooperation with employers’ and workers’ organizations, with a view to reducing the gender wage gap.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Principle of equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that article 48 of the new Constitution refers to the principle of equal remuneration for work of equal value and it asked the Government to provide information on the steps taken and the legislation adopted under this provision. The Committee notes the Government’s indication that the preliminary draft amendment to General Labour Act provides that “the State, through the Ministry of Labour, shall promote the inclusion of women in work and shall guarantee the same remuneration as for men for work of equal value.” The Government also indicates that the National Plan of Action for Human Rights includes among its actions “formulating and implementing a cultural campaign for equal work, equal wages, equal opportunities and equal rights.” The Committee asks the Government to provide information on the legislative progress of the preliminary draft amendment to the General Labour Act and to provide a copy of the latest version of it. The Committee also asks the Government to provide information on the measures adopted in the context of the implementation of the National Plan of Action for Human Rights with a view to the application of the Convention.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Wage gap. The Government indicates that according to data from 2005 from the National Institute of Statistics, the average wage received by men was 1,099.99 bolivianos (BOB), while that of women was BOB595.30, thus 54 per cent less. In 2007, the average monthly wage for the main occupational categories was 48.23 per cent less for women than for men. The Government indicates that pay discrimination stems from the establishment of occupational categories, the specialization or configuration of groups within each category and the establishment of wage supplements. The Government further notes that the way in which women are paid less is based on increasingly subtle criteria and that there are significant differences with regard to the participation by men and women in each branch of activity. It also indicates that legislative progress does not necessarily translate into the exercise of rights. Faced with that situation, the Vice‑Ministry of Women drew up the Five-Year Plan for Women for 2008–12, which was being finalized when the report was prepared. The Government refers to measures noted by the Committee in its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Government maintains that these measures will contribute in practice to reducing the wage gap. Furthermore, the new Constitution promulgated on 7 February 2009 establishes the principle of equal remuneration for work of equal value and includes other provisions in favour of women. The Committee encourages the Government to continue its efforts and asks it to continue providing information on new measures taken, including any measures adopted by the Ministry of Justice in accordance with Supreme Decree No. 29894 of 7 February 2009, and on the impact of the Five-Year Plan for Women on the wage gap.

Distribution of men and women in the public sector. The Committee notes that in the executive authority only 10.17 per cent of posts are held by women, in the legislative authority the figure is 14.65 per cent and in the judicial authority it is 25 per cent. In the Presidential Cabinet, where posts are appointed directly, 25 per cent of posts are held by women. With regard to the promotion of women in the public sector, the Government indicates that it does not yet have this information, although the National Institute of Statistics of Bolivia is considering the possibility of generating information with gender indicators. The Committee asks the Government to continue providing information on the percentages of men and women in the public sector, including the health and education sectors, broken down according to occupational category and remuneration, including wage supplements. Furthermore, the Committee asks the Government to provide information on any steps to promote the principle of equal remuneration for work of equal value in the public sector, including information on the steps taken to identify and eliminate the subtle criteria referred to by the Government and noted by the Committee in the first paragraph of this direct request.

Private sector. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide information on any initiatives taken with the cooperation of organizations of employers and workers to reduce the wage gap in the private sector.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Principle of equal remuneration for men and women for work of equal value. Constitution. Noting that the principle of equal remuneration for men and women for work of equal value is not expressly incorporated in the labour legislation, and recalling that in its general observation of 2006 the Committee urged governments to take the necessary steps to amend their legislation so as to give legal expression to the principle of the Convention, the Committee notes with satisfaction that under article 48(V) of the new Constitution promulgated on 7 February 2009, “the State shall promote the integration of women into work and shall ensure that women receive the same remuneration as men for work of equal value, in both the public and private spheres”. The Committee asks the Government to provide information on steps taken under this constitutional provision, including with respect to the incorporation of the principle of equal remuneration for men and women for work of equal value in the labour legislation.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 the Government’s report and the comprehensive statistical information and other documents attached to it relating to the application of the Convention. In relation to points 1–3 of its previous direct request, the Committee notes that, according to the Government, the average wage received by men in urban areas is 1,351 bolívares, while women receive 773 bolívares; in rural areas men receive an average wage of 346 bolívares, while women receive 95 bolívares – a difference of 73 per cent. The average wage of women is always lower than that of men, even when both have the same level of education. With regard to credit, the majority of borrowers are women (58.7 per cent) who take out small loans for business, while larger amounts are borrowed by men and used in manufacturing activity. As regards access to land, in recent land titularization processes only 6.08 per cent benefited women compared with 23.8 per cent for men and 58.4 per cent for couples under joint titularization procedures, which is considered to be an important step forward since the enactment of the National Agrarian Reform Act of 2006. The Government indicates, however, that women’s main access to land is via inheritance, a right which in the case of indigenous peoples is extremely limited by customs favouring the rights of male offspring. While the Committee notes that the differences in income are a cause for concern, it considers that a rigorous analysis such as that carried out by the Government provides a basis on which it is possible to establish an effective plan of action to eliminate such differences. The Committee notes with interest that the 2004–07 National Public Policies Plan for the full exercise of women’s rights sets forth four development policies: (1) to implement specific business agreements and processes for coordination and concerted action with public and private organizations which allow for improved employment and income opportunities for women entrepreneurs in priority municipalities; (2) to incorporate gender criteria into financial programmes promoting economic activity, including gender criteria in the regulations, manuals and guides of public and private funds so as to benefit women equally; (3) to institutionalize public policies that benefit women through comprehensive productive strategies and the creation of a gender committee for rural and economic development; and (4) to promote the incorporation of gender equity into public land distribution, and inheritance systems. The Committee would be grateful if the Government would provide information on the implementation of this Plan and on the Plan’s impact in reducing the differences between the wages of men and women.

2. In reference to point 4 of its previous direct request, the Committee notes that, according to the Government, the best way to increase women’s income is to ensure access to and attendance at school, technical and vocational training and better conditions of employment. The Committee notes the report attached to the Government’s report on gender discrimination and the wage gap, drafted in 2005 by the Friedrich Ebert Foundation and the Latin American Institute for Social Research (ILDIS) (a study based on cases involving workers in the health sector: El Alto, Trinidad and Tarija), which indicates a strong presence of women in the public health sector and affirms that they hold the lowest-paid posts, a situation which intensifies in the rural sector where discriminatory cultural factors increase. The Committee also notes that, in order to facilitate the adoption of policies at the departmental level, the hierarchical position of departmental gender units in department prefectures was raised under Supreme Decree No. 28162 of 17 May 2005, thereby transforming these units into general directorates of gender in charge of proposing, coordinating and implementing gender-based public policies and departmental programmes and projects, including those on equal remuneration. The Government points out that these institutional advances will enable effective measures to be taken in the future to apply the Convention. The Committee would be grateful if the Government would continue providing information on these measures, including on the activities of the general directorates of gender, and on the impact of these measures in terms of the promotion of women to jobs at a higher hierarchical level which receive greater remuneration, particularly in the public sector.

3. The Committee notes the terms and conditions for public officials (Act No. 2027) and the activities of the Civil Service Superintendence, established under section 58 thereof, with legal personality under public law, and national jurisdiction and technical, operative and administrative autonomy. The Committee also notes the functions of the Conciliation Service of the Ministry of Labour. The Committee notes that, for the moment, the cases dealt with are not recorded and therefore statistics of results are not available with regard to the specific application of the Convention. The Committee would be grateful if the Government would keep it informed of the activities undertaken by the abovementioned Superintendence and Conciliation Service, which contribute to eliminating wage discrimination between men and women in the public sector.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s report and the comprehensive statistical information and other documents attached to it relating to the application of the Convention. In relation to points 1 to 3 of its previous direct request, the Committee notes that, according to the Government, the average wage received by men in urban areas is 1,351 bolívares, while women receive 773 bolívares; in rural areas men receive an average wage of 346 bolívares, while women receive 95 bolívares – a difference of 73 per cent. The average wage of women is always lower than that of men, even when both have the same level of education. With regard to credit, the majority of borrowers are women (58.7 per cent) who take out small loans for business, while larger amounts are borrowed by men and used in manufacturing activity. As regards access to land, in recent land titularization processes only 6.08 per cent benefited women compared with 23.8 per cent for men and 58.4 per cent for couples under joint titularization procedures, which is considered to be an important step forward since the enactment of the National Agrarian Reform Act of 2006. The Government indicates, however, that women’s main access to land is via inheritance, a right which in the case of indigenous peoples is extremely limited by customs favouring the rights of male offspring. While the Committee notes that the differences in income are a cause for concern, it considers that a rigorous analysis such as that carried out by the Government provides a basis on which it is possible to establish an effective plan of action to eliminate such differences. The Committee notes with interest that the 2004–07 National Public Policies Plan for the full exercise of women’s rights sets forth four development policies: (1) to implement specific business agreements and processes for coordination and concerted action with public and private organizations which allow for improved employment and income opportunities for women entrepreneurs in priority municipalities; (2) to incorporate gender criteria into financial programmes promoting economic activity, including gender criteria in the regulations, manuals and guides of public and private funds so as to benefit women equally; (3) to institutionalize public policies that benefit women through comprehensive productive strategies and the creation of a gender committee for rural and economic development; and (4) to promote the incorporation of gender equity into public land distribution, and inheritance systems. The Committee would be grateful if the Government would provide information on the implementation of this Plan and on the Plan’s impact in reducing the differences between the wages of men and women.

2. In reference to point 4 of its previous direct request, the Committee notes that, according to the Government, the best way to increase women’s income is to ensure access to and attendance at school, technical and vocational training and better conditions of employment. The Committee notes the report attached to the Government’s report on gender discrimination and the wage gap, drafted in 2005 by the Friedrich Ebert Foundation and the Latin American Institute for Social Research (ILDIS) (a study based on cases involving workers in the health sector: El Alto, Trinidad and Tarija), which indicates a strong presence of women in the public health sector and affirms that they hold the lowest-paid posts, a situation which intensifies in the rural sector where discriminatory cultural factors increase. The Committee also notes that, in order to facilitate the adoption of policies at the departmental level, the hierarchical position of departmental gender units in department prefectures was raised under Supreme Decree No. 28162 of 17 May 2005, thereby transforming these units into general directorates of gender in charge of proposing, coordinating and implementing gender-based public policies and departmental programmes and projects, including those on equal remuneration. The Government points out that these institutional advances will enable effective measures to be taken in the future to apply the Convention. The Committee would be grateful if the Government would continue providing information on these measures, including on the activities of the general directorates of gender, and on the impact of these measures in terms of the promotion of women to jobs at a higher hierarchical level which receive greater remuneration, particularly in the public sector.

3. The Committee notes the terms and conditions for public officials (Act No. 2027) and the activities of the Civil Service Superintendence, established under section 58 thereof, with legal personality under public law, and national jurisdiction and technical, operative and administrative autonomy. The Committee also notes the functions of the Conciliation Service of the Ministry of Labour. The Committee notes that, for the moment, the cases dealt with are not recorded and therefore statistics of results are not available with regard to the specific application of the Convention. The Committee would be grateful if the Government would keep it informed of the activities undertaken by the abovementioned Superintendence and Conciliation Service, which contribute to eliminating wage discrimination between men and women in the public sector.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report sent by the Government and the detailed statistical information published by the National Institute of Statistics (INE).

1. The Committee notes that, according to the provisional statistical data provided by the INE for 2002, on average women earn 72 per cent of the wages of men in the public sector in urban areas. The same source indicates that the average monthly income for women in managerial positions in both the public and private urban sectors is 52 per cent of that of men, with this figure rising to 62 per cent for unskilled workers.

2. The Committee notes with interest that, according to the INE data, the proportion of women in managerial positions in both the public and private sectors has increased compared to the previous year (by 1.05 per cent and 0.60 per cent, respectively) and that, according to the data of the National Register of Public Servants for 2001, only 22 per cent of high-level positions (advisers, managers, directors, heads) were occupied by women, while the proportion of women employed as "auxiliary" personnel is 56 per cent.

3. The Committee notes that, according to the INE data, women’s wages are on average 53 per cent of those of men in the rural commercial sector, with this percentage falling to 26 per cent in rural social and health-care services. The Committee notes with concern that women working in the agricultural and animal husbandry and fishing sectors earn 19 per cent of the wages of men. This situation is even more serious as the participation rate of women in these sectors is higher than that of men (84 per cent and 80 per cent, respectively).

4. The Committee asks the Government to provide information in its next report on the measures adopted or envisaged to promote equal remuneration for men and women workers for work of equal value in the rural sector, as well as in managerial positions and unskilled labour in the urban sector. The Committee also asks the Government to provide information on the manner in which the integration of women is being encouraged in higher level positions with higher pay in the public sector.

5. The Committee notes the information provided by the Government indicating that the mechanisms for the promotion of public servants are established by rules and regulations. It also notes that the quality of public servants’ work and their conduct is taken into account in determining whether they retain their posts. The Committee asks the Government to provide information as to the measures that have been adopted or are envisaged to prevent gender bias directly or indirectly in the promotion processes or in the evaluation of the performance of public servants.

6. Please provide information with the next report on the manner in which the labour inspectorate or other administrative or judicial bodies are enforcing the application of the Convention in practice.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the annexes attached, including the statistical information.

1. The Committee notes from the report that, for the period between 1993 and 1999, female employees in the public sector accounted for 20.7 per cent of the workforce and that their roles consisted mainly of assistance and support. The Government indicates that, despite the fact that the basic structure does not allow discrimination on grounds of sex, the situation is quite different in practice and that women workers in Bolivia, despite having a good level of training, enjoy little hope of gaining access to conditions of employment similar to those of men. Further, the number of women who succeed in obtaining important jobs, such as directors, managers, vice-ministers and ministers is so much lower than that of men that they sometimes appear to be an exception. The Government also recognizes that in 2000 only 8.5 per cent of women held higher level jobs. The Committee recalls that, while it is necessary to adopt legislative provisions which prohibit discrimination, it is also necessary to take practical measures to ensure equality of remuneration between men and women workers, and to put into practice public policies adopted by the State to reduce labour segregation on grounds of gender and to facilitate the integration of women into positions of responsibility. The Committee asks the Government to provide information, including statistics, on the distribution of men and women in the public service, disaggregated by their levels and occupations, as well as information on the policies that are envisaged to put into practice the principle of equal remuneration as set out in the Convention.

2. Furthermore, the Committee notes a similar situation as described above in the private sector, where female employees account for 19.41 per cent of the workforce and executive and managerial roles tend to be entrusted to men, with the percentage of women occupying higher level jobs being 18.5 per cent. The Committee would be grateful if the Government would continue providing information on the application in practice of the principle set out in the Convention in the private sector as well as the initiatives undertaken to promote women’s participation in the more highly remunerated jobs.

3. According to the National Statistical Institute (INE), the average hourly earnings (in Bolivianos) of women in 2000 were 74.49 per cent of the average hourly earnings of men. The sector in which the wage gap is widest is agriculture, stock-raising and hunting, where women earn 25.59 per cent of the average hourly earnings of men. In view of the fact that the participation rate of women in this sector is 42.66 per cent, the Committee asks the Government to provide information on the occupations in this sector in which mainly women are engaged and on the measures that are being taken to promote equal remuneration for work of equal value between men and women workers engaged in these activities, particularly in rural areas.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes that, according to the Government’s report, labour and social problems have been addressed from a new perspective since August 1999, and policies, objectives, activities and measures are being taken to modernize the services of the Ministry of Labour and Micro-enterprises, which have taken the form of Annual Operative Plans. While noting that no statistical information has been provided to enable the Committee to assess the application of the principle of the Convention in practice, the Committee nevertheless notes that one of the objectives of the above plans is the establishment of the Statistical Unit of the General Directorate of Labour and that the General Directorate of Employment is again updating its mutual cooperation agreement with the National Statistical Institute. The Committee asks the Government to provide the fullest possible statistical information, disaggregated by sex, in relation to the points set out in sections (i) and (ii) of its general observation of 1998 on this Convention. The Committee also hopes that, when compiling and restructuring statistical data, the Government will take into account the criteria determined by the Committee in the above general observation.

2.  With regard to its previous comments, the Committee notes that, once again, the information requested on the mechanisms used for the objective appraisal of jobs in the public administration has not been provided. It therefore reiterates its previous request and refers to paragraphs 138 to 152 of its 1986 General Survey on equal remuneration.

3.  The Committee notes Act No. 2027, on the conditions of service of public servants, dated 27 October 1999, and particularly sections 1(e) and 22. Please indicate in this respect, taking into account the principle set out in the Convention, the manner in which effect is given to section 1(e), which sets forth the principle of equal opportunities without discrimination of any type, and section 22 (valuation of jobs and remuneration), under the terms of which, by means of the valuation of jobs and remuneration, establishments shall determine the scope, importance and relevance of each job, attributing equitable remuneration related to the national labour market, the availability of resources and policies. Please indicate the mechanisms used for the valuation of jobs in practice, and provide copies of regulations and job classifications prepared in accordance with the above section 22.

4.  The Committee recalls that Article 4 of the Convention sets forth the requirement for ratifying States to collaborate with organizations of employers and workers concerned, with a view to giving effect to the provisions of the Convention, and it would be grateful if the Government would provide the fullest possible information in its next report on the methods for collaboration with organizations of employers and workers concerned.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in reply to its previous requests.

1. The Committee notes Executive Decree No. 23318-A, attached to the Government's report, which does not envisage the appraisal of jobs in the public administration. The Committee recalls that, in accordance with section 9 of Act No. 1178, the personnel administration system shall determine, inter alia, the requirements and procedures for filling vacancies and shall implement systems for evaluating and remunerating work. It requests the Government to provide information in its next report on the mechanism used for the objective appraisal of jobs in the public administration.

2. The Committee notes the statistics on the average percentage of increases contained in wage agreements in 1997 by economic sector and location. It requests the Government to examine whether there are collective agreements which include any distinction in the increases awarded to various groups of workers with a view to giving effect to the principle of equal remuneration for work of equal value, or any procedure for the objective appraisal of jobs and, if so, to provide copies of such collective agreements.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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. Article 3 of the Convention. Since section 9 of Act No. 1178 establishes that the personnel administration system shall determine, inter alia, the requirements and procedures for filling vacancies and shall implement "the systems for evaluating and remunerating work", the Committee requests the Government to provide the regulations issued under this Act so that the Committee can appreciate how the objective appraisal of jobs in the public service is carried out.

2. The Committee notes Decree No. 22739 which by its own authority establishes wage increases in the public sector and allows the private sector, pursuant to section 25, to determine by consultation the wage increases for 1991, and provides that wage agreements must be registered within 45 days following the adoption of the Decree. So that the Committee can assess the methods and criteria used for fixing wages above the legal minimum, it asks the Government to provide copies of the wage agreements referred to in this section and section 19 of the Decree (the general provision on wage agreements), especially those applying to sectors which employ a large number of women.

3. Article 1. So that the Committee can ascertain whether the national legislation and practice are consistent with the Convention, it asks the Government to provide a copy of Presidential Decree No. 21137 defining the composition of wages, which include a "seniority bonus and a frontier subsidy", pursuant to section 1 of Decree No. 22739, or a copy of Decree No. 323474 of 20 April 1993 which, the report states, replaces Decree No. 22739 and which, according to the Government, was appended to the report, but has not been received by the Office.

4. Since 1990 the Government has been referring to a preliminary draft of a new General Labour Act which, it states, is being examined by the social partners. The Committee hopes that the draft will be adopted as soon as national circumstances allow and that, in accordance with the Government's assurances, it will fully incorporate the principle of equal pay for work of equal value into national positive law. It asks the Government to keep it informed of progress in this respect.

5. The Committee notes the recent agreement between the Ministry of Labour and Labour Development (MTDL) and the National Statistics Institute (INE), aimed at improving the national statistics department as regards both the collection and processing of data for the whole national territory. It hopes that detailed statistics will shortly be available, including on the activities of the labour inspectorate, and that the Government to provide a copy of them as soon as they are available.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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, in pertinent part, as follows:

1. Article 3 of the Convention. Since section 9 of Act No. 1178 establishes that the Personnel Administration System shall determine, inter alia, the requirements and procedures for filling vacancies and shall implement "the systems for evaluating and remunerating work", the Committee requests the Government to provide the regulations issued under this Act so that the Committee can appreciate how the objective appraisal of jobs in the public service is carried out.

2. The Committee notes Decree No. 22739 which by its own authority establishes wage increases in the public sector and allows the private sector, pursuant to section 25, to determine by consultation the wage increases for 1991, and provides that wage agreements must be registered within 45 days following the adoption of the Decree. So that the Committee can assess the methods and criteria used for fixing wages above the legal minimum, it asks the Government to provide copies of the wage agreements referred to in this section and section 19 of the Decree (the general provision on wage agreements), especially those applying to sectors which employ a large number of women.

3. Article 1. So that the Committee can ascertain whether the national legislation and practice are consistent with the Convention, it asks the Government to provide a copy of Presidential Decree No. 21137 defining the composition of wages, which include a "seniority bonus and a frontier subsidy", pursuant to section 1 of Decree No. 22739, or a copy of Decree No. 323474 of 20 April 1993 which, the report states, replaces Decree No. 22739 and which, according to the Government, was appended to the report, but has not been received by the Office.

4. Since 1990 the Government has been referring to a preliminary draft of a new General Labour Act which, it states, is being examined by the social partners. The Committee hopes that the draft will be adopted as soon as national circumstances allow and that, in accordance with the Government's assurances, it will fully incorporate the principle of equal pay for work of equal value into national positive law. It asks the Government to keep it informed of progress in this respect.

5. The Committee notes the recent agreement between the Ministry of Labour and Labour Development (MTDL) and the National Statistics Institute (INE), aimed at improving the national statistics department as regards both the collection and processing of data for the whole national territory. It hopes that detailed statistics will shortly be available, including on the activities of the labour inspectorate, and that the Government to provide a copy of them as soon as they are available.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and particularly the copy of Act No. 1178 on government administration and control of 20 June 1990, which the Government referred to in previous reports as being Act No. 1198.

1. Article 3 of the Convention. Since section 9 of Act No. 1178 establishes that the Personnel Administration System shall determine, inter alia, the requirements and procedures for filling vacancies and shall implement "the systems for evaluating and remunerating work", the Committee requests the Government to provide the regulations issued under this Act so that the Committee can appreciate how the objective appraisal of jobs in the public service is carried out.

2. The Committee notes Decree No. 22739 which by its own authority establishes wage increases in the public sector and allows the private sector, pursuant to section 25, to determine by consultation the wage increases for 1991, and provides that wage agreements must be registered within 45 days following the adoption of the Decree. So that the Committee can assess the methods and criteria used for fixing wages above the legal minimum, it asks the Government to provide copies of the wage agreements referred to in this section and section 19 of the Decree (the general provision on wage agreements), especially those applying to sectors which employ a large number of women.

3. Article 1. So that the Committee can ascertain whether the national legislation and practice are consistent with the Convention, it asks the Government to provide a copy of Presidential Decree No. 21137 defining the composition of wages, which include a "seniority bonus and a frontier subsidy", pursuant to section 1 of Decree No. 22739, or a copy of Decree No. 323474 of 20 April 1993 which, the report states, replaces Decree No. 22739 and which, according to the Government, was appended to the report, but has not been received by the Office.

4. Since 1990 the Government has been referring to a preliminary draft of a new General Labour Act which, it states, is being examined by the social partners. The Committee hopes that the draft will be adopted as soon as national circumstances allow and that, in accordance with the Government's assurances, it will fully incorporate the principle of equal pay for work of equal value into national positive law. It asks the Government to keep it informed of progress in this respect.

5. The Committee notes the recent agreement between the Ministry of Labour and Labour Development (MTDL) and the National Statistics Institute (INE), aimed at improving the national statistics department as regards both the collection and processing of data for the whole national territory. It hopes that detailed statistics will shortly be available, including on the activities of the labour inspectorate, and that the Government to provide a copy of them as soon as they are available.

6. In its report, the Government refers to Presidential Decree No. 23381 of 29 December 1992 which regulates the payment of social benefits. Since the copy of the Decree which the Government states it sent has not been received, the Committee requests it to send another copy.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's report.

1. The Committee notes that in the public sector, by virtue of section 9 of Act No. 1198 of 9 February 1990 on systems for the administration and control of state funds, the personnel administration system, among other bodies, shall introduce schemes for the evaluation and remuneration of work. The Committee requests the Government to supply a copy of Act No. 1198 and the regulations issued thereunder when they have been formulated, and to provide information on any progress achieved as a result of the introduction of job evaluation systems in this sector. With regard to the private sector, the Committee notes the Government's statement to the effect that Presidential Decree No. 22739 contains general provisions on wage increases for men and women workers, as well as specific clauses concerning the distribution of wages, rates of increase of wages and the obligation for private enterprises to register wage agreements with the Ministry of Labour. The Committee requests the Government to supply a copy of Presidential Decree No. 22739 and to specify the methods and criteria used for determining wages which are higher than the minimum statutory wage, and particularly those determined by wage agreements. Please also supply a copy of wage agreements, particularly those which are applicable to sectors which employ a high proportion of women workers.

2. The Committee notes the Government's statement that the basic definitions and formulae set out in the Convention will be incorporated into national law through the draft text of the new General Labour Act which is going through the process of consultations with the social partners before its submission to the National Congress. The Committee requests the Government to supply information on the progress achieved in this respect.

3. In general, the Committee would be grateful if the Government would supply information on the recent activities of the National Wage Council (studies, reports, etc.) and the General Labour Inspectorate in relation to the application of the law in this area so that it can assess the effect given in practice to the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's statement in its report that, as regards the way in which the application of the principle set out in the Convention is guaranteed, particularly where men and women in practice perform different work which is of equal value the State makes its decisions when determining wages for the public and private sectors in the broadest spirit without permitting prejudice on grounds such as sex, nationality and other factors. In this connection, the Committee refers to the explanations given in paragraphs 24-31 of its 1986 General Survey on Equal Remuneration, in which it indicates the scope of the State's obligation to ensure the implementation and promote the application of the principle of equal remuneration and its duty to co-operate with the employers' and workers' organisations concerned. The Committee requests the Government to supply detailed information on its decisions in this respect. It also notes the Government's statement that, in practice, starting with the minimum wage, wage scales differ for the central administration, state enterprises and private enterprises in general, which are covered by the General Labour Act, according to the wages and job classification systems that they adopt in line with their organisational and operational structures, and are subject to modifications for internal and external reasons. In this connection, the Committee wishes to refer to the explanations given in paragraphs 19-23 and 44-62 of its General Survey in which it points out that while appraisal criteria such as the skill and output of the worker are sufficient for an objective appraisal of the output of different persons performing work of a similar nature, they are not sufficient for the application of the principle set out in the Convention, particularly where men and women workers, in practice, perform work that is of a different nature but of equal value. The Committee once again requests the Government to supply information on the job evaluation systems that have been adopted in the public and private sectors.

2. The Committee notes with interest the Government's statement that the basic definitions and formulae, "treatment of equal value", "same or equal work", "equal remuneration for the same work" or "equal remuneration for work of equal value", will be incorporated into national law through the draft of the new General Labour Act which, at present, is going through the process of consultations and revision in the corresponding department of the ILO. The Committee requests the Government to inform it of any progress achieved in this connection.