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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Bolivia (Plurinational State of) (Ratification: 1996)

1. Implementation of a national policy. The Committee notes the Government’s report received in November 2005, which includes the National Plan for Equality and the Equalization of Opportunities for Persons with Disabilities (PNIEO), formulated at the initiative of the Ombudsperson with the active participation of the National Committee for Persons with Disabilities (CONALPEDIS). The Government also included the Ombudsperson’s resolution of December 2004, through which the Ombudsperson undertook a very detailed examination of the quality of the special education that should be provided for boys, girls and young persons with special educational needs related to disability. The report also contains a copy of a court ruling of August 2004, in which the Constitutional Court strengthened the principle of employment stability for persons with disabilities. The Government has adopted Presidential Decree No. 27477, of 6 May 2004, promoting, regulating and protecting the integration, progression and stability of persons with disabilities in the labour market. The Committee notes the above initiatives with interest and requests the Government to continue providing information in its next report on the effect given to Presidential Decree No. 27477, the results achieved by the National Plan and the action taken on the recommendations of the Ombudsperson with a view to the integration of persons with disabilities into the open labour market (Article 2 of the Convention).

2. As indicated by the Government in its report, the constraints of a labour market with a high level of unemployment are compounded by the prejudices and stereotypes of employers and workers, which are reflected in discriminatory practices. A small minority of persons with disabilities find employment and, when taking it up, are confronted by a work environment impregnated with discriminatory practices preventing the autonomous development of persons with disabilities and their progressive integration into the labour market. The Committee therefore requests the Government to continue providing information on the efforts made to achieve effective equality of treatment between men and women workers with disabilities and other workers (Article 4), the vocational guidance and training, placement, employment and other related services provided to enable persons with disabilities to secure, retain and advance in employment (Article 7), the services provided for persons with disabilities living in remote areas and those without financial resources (Article 8) and the measures adopted in practice to ensure the availability of suitably qualified staff in the field of vocational rehabilitation (Article 9).

3. Consultation of the representative organizations of employers and workers. In reply to its previous comment, the Government indicates that no employers’ or workers’ organizations appear to have expressed interest in becoming members of CONALPEDIS. Coordination with occupational organizations will be undertaken when progress has been made with the Register of Persons with Disabilities and the classification of degrees of disability. The Committee emphasizes the importance of holding consultations with the occupational organizations of employers and workers on the implementation of the vocational rehabilitation and employment policy for persons with disabilities. The Committee once again expresses interest in being provided with information on the consultations held with occupational organizations, such as the Bolivian Central of Workers and the Confederation of Private Employers of Bolivia, with regard to the measures taken to promote cooperation and coordination between public and private institutions engaged in vocational rehabilitation activities (Article 5).