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

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. In its previous comments, the Committee requested the Government to provide information on the measures taken to tackle and prevent sexual harassment at the workplace, in light of article 15 of the Political Constitution of the State (2009), which provides that all persons, including 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. The Committee notes that the Government refers in its report to the existing regulatory framework intended to penalize discrimination on the ground of sex and sexual harassment. Specifically, the Government refers to, in addition to article 15 of the Constitution: (i) section 9 of Supreme Decree No. 224 of 23 August 1943, which establishes that there shall be no compensation for the dismissal of a worker for the performance of immoral acts in the workplace, according to the Government, this covers cases of sexual harassment; (ii) Act No. 1599 of 18 October 1994 ratifying the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (the Convention of Belém do Pará); (iii) Supreme Decree No. 1053 of 23 November 2011, which declares 25 November of every year as the “National Day against all forms of violence against women”; (iv) Supreme Decree No. 1363 of 28 September 2012, which declares awareness-raising campaigns to be necessary and a priority with the aim of preventing, combating and eliminating all forms of violence against women; and (v) Act No. 348 of 9 March 2013 guaranteeing women a life free from violence. The Government indicates that this Act mandates the Ministry of Labour, Employment and Social Security to adopt protection measures against all forms of sexual or workplace harassment and internal and administrative procedures for reporting, investigating, addressing, handling and penalizing such harassment. The Committee notes the different texts adopted to combat, inter alia, violence against women throughout the years, but notes that the Government has not provided information on specific measures to implement the principle enshrined in article 15 of the Constitution. In this respect, the Committee wishes to recall that legislative measures to give effect to the principles of the Convention are important, but not sufficient to effectively respond to the complex realities and various forms of discrimination, which require the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in traditional and societal values (see General Survey on the fundamental Conventions, 2012, paragraph 856). The Committee therefore urges the Government to send detailed information on the specific measures adopted in relation to Act No. 348 of 9 March 2013 in order to give effect in practice to the above-mentioned provisions. In particular, the Committee requests the Government to report the internal and administrative procedures for reporting, investigating, addressing, handling and penalizing sexual harassment in the workplace, with a view to evaluating the results of the legislative implementation.

Articles 2 and 3. National gender equality policy. In its previous comments, the Committee requested the Government to provide 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 facilitate their access to a greater variety of job opportunities at all levels, including in sectors where they are not currently present or are under-represented. The Committee also requested 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 notes the information from the Government on: (i) the reduction of the overall unemployment rate from 7.4 per cent in 2013 to 4.5 per cent in 2017, when the rate for men was 4.2 per cent and for women was 4.9 per cent; and (ii) the Employment Support Programme (PAE) 2012–2017, the objectives of which include work skills training along with direct economic support for the jobseeker to promote access to opportunities in formal enterprises and training in specific skills for integration into particular jobs. Furthermore, it includes a labour market integration component for women in non-traditional activities, through skills improvement courses and the provision of economic support for training, along with awareness-raising activities in enterprises on this matter. Between September 2012 and April 2017, some 19,544 persons benefited from the programme, of which 61.54 per cent were women and 38.46 per cent were men. The Committee notes that the second Employment Support Programme began in May 2018 and, as of June 2018, 446 persons had benefited, of which 57.18 per cent were women and 42.82 per cent were men. The second Employment Support Programme seeks to increase the coverage and usage rates of the public employment service by jobseekers and enterprises through the implementation of different components that provide men and women with increased education and professional training opportunities. The Committee also notes that, as of December 2017, some 67.2 per cent of economically active men and 47.1 per cent of economically active women were employed in urban areas. In the same period, women were clustered in economic occupations traditionally assigned to women: 10.3 per cent of economically active women and 4.1 per cent of economically active men were family workers or unpaid apprentices; 6.7 per cent of women and 0.2 per cent of men were domestic workers; 13.1 per cent of men and 1.1 per cent of women were manual workers; 41.8 per cent of men and only 15.4 per cent of women worked in manufacturing; 19.6 per cent of men and 0.9 per cent of women worked in construction; and 14.7 per cent of men and 1.3 per cent of women worked in the transport sector. As of December 2017, the total number of students had increased by 15.42 per cent since 2000. In public and private educational establishments, 49 per cent of the students were women, and 51 per cent were men. Women accounted for almost 51 per cent of university students. The Government indicates this it is continuing to implement the National Plan for Equality of Opportunities, which seeks to encourage women to exercise their labour rights and promote their access to decent work. The Committee notes that the statistical data by sector of economic activity provided by the Government reflect the persistence of significant occupational gender segregation, despite the Government’s efforts. Recalling that it is essential to monitor the results and effectiveness of the plans and policies executed, the Committee urges the Government to provide information on: (i) the implementation of awareness-raising and educational programmes to combat gender prejudices and stereotypes, with a view to eliminating occupational gender segregation; (ii) the specific measures adopted as part of the second Employment Support Programme and the results achieved; and (iii) the measures adopted or envisaged to conduct regular monitoring and evaluation of the results achieved with a view to reviewing and adjusting the measures and strategies in place.

National equality policy with respect to race. In its previous comments, the Committee once again asked the Government to provide information on the activities undertaken by the National Committee against Racism and All Forms of Discrimination and on the adoption of an action policy against racism and discrimination. The Committee also requested 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. The Committee notes the information provided by the Government on the adoption of Supreme Decree No. 29894 of 25 January 2009 establishing the Office of the Deputy Minister for Decolonization, the General Directorate for Combating Racism and the Unit for the Management of Public Policies against Racism and Discrimination. The Committee also notes that the National Committee against Racism and All Forms of Discrimination has organized four national meetings of student youth brigades against racism and all forms of discrimination (2016–19), set up a toll-free hotline and individual attention for the reception of cases of discrimination, and systematized the information on administrative and judicial proceedings initiated on grounds of racism and all forms of discrimination. In 2018, the Office of the Deputy Minister reported 233 complaints, of which 189 were undergoing administrative processing in December 2018, 30 had been settled, five cases had been dismissed, four cases had been shelved and five further cases were continuing. With regard to remuneration, the Committee notes that, since 2006, wages have increased for the population in general, especially the most vulnerable populations such as the indigenous population, through significant increases to the annual minimum wage. Furthermore, a social inclusion policy has been implemented for education, health, housing, nutrition and social security. The Committee requests the Government to continue providing information on the outcomes of the measures adopted under the action policy against racism and discrimination and, particularly, the outcomes of the complaints reported by the Office of the Deputy Minister and the penalties imposed, where applicable. Noting the absence of information in the Government’s report in this respect, the Committee reiterates its request to the Government to provide information on the specific measures adopted to promote quality 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. The Committee also requests the Government to provide the available statistical information on the labour market participation of men and women, disaggregated by race and colour.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Workers with disabilities. In its previous comments, the Committee requested the Government to provide information on the application of Act No. 223 and Supreme Decree No. 1893 of 12 February 2014, including statistical data on the number of persons with disabilities participating in the labour market and accessing education and vocational training; as well as on the specific programmes and policies to promote the labour market integration and non-discrimination in the workplace of persons with disabilities. The Committee notes the information provided by the Government on the adoption of Act No. 977 of 26 September 2017 on labour market integration and economic support, which establishes measures for the labour market integration of persons with disabilities, their fathers, mothers and spouses, the guardians of persons with disabilities under the age of 18 years and those with serious or very serious disabilities. Furthermore, it provides economic support to persons with serious and very serious disabilities, in an institutional manner and concurrent with municipal governments, public bodies and private enterprises. The Act envisages the organization of short training courses in vocational skills to improve the skill levels of persons with disabilities. The Government also reports that, within the Plurinational Education System, as part of the policy of inclusion, persons with disabilities benefit from direct admission to teacher training colleges. In 2018, the colleges had 98 students in total with different specialisms. The Government further reports the allocation of a budget of US$40 million for the implementation of all the components of the Job Creation Plan (2017–2022), which includes labour market integration policies for men and women workers, specific measures for the labour market integration of persons with disabilities and the implementation of pilot projects facilitating the labour market integration of victims of smuggling and trafficking and women victims of all forms of violence. The Committee welcomes the measures adopted and requests the Government to provide information on the efficacy and the outcomes of these measures, including statistical data, disaggregated by sex and economic sector, on the number of persons with disabilities participating in the labour market and accessing education and vocational training.

Real or perceived HIV status. In its previous comments, the Committee reiterated its request to 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 stigma and discrimination based on real or perceived HIV status in employment and occupation. The Committee notes the information provided by the Government on the constitutional regulatory framework, Act No. 3729 of 2007 for the prevention of HIV/AIDS and Act No. 045 of 8 October 2010 against racism and all forms of discrimination. The Committee notes with regret that the Government has not provided specific information on the policies and programmes adopted on HIV and AIDS in the world of work. The Committee once again requests the Government to provide information on any legislation, collective agreements and court rulings that provide specific protection against stigma and discrimination based on real or perceived HIV status in employment and occupation.

Enforcement. The Committee previously requested the Government to provide information on measures to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination. In this respect, the Government reports that: (i) article 8(II) of the Constitution establishes gender equity as one of the values upon which the State is based; (ii) article 14(II) of the Constitution, prohibits and penalizes discrimination on the grounds of sex, colour, age, sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious creed, ideology, political or philosophical affiliation, civil status, social or economic conditions, type of occupation, level of education, disability, pregnancy or other factors, with the aim or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of the rights of any person; (iii) article 4(2) of the Constitution establishes that the State guarantees genuine and effective equality between men and women, respect for and protection of rights, especially those of women, in the context of diversity as a value, eliminating distinctions or discrimination based on cultural, economic, physical, social or any other type of differences of sex; and (iv) section 3(I) and (II) of Act No. 348 of 14 October 2014 establishes that the eradication of violence against women is a priority for the Plurinational State of Bolivia, as it is one of the most extreme forms of gender-based discrimination, and it shall be mandatory for state bodies and all public institutions to adopt the necessary measures and policies, allocating sufficient economic and human resources. The Committee notes the existence of this regulatory framework but notes that the Government does not refer to the measures adopted to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination. The Committee requests the Government to take the necessary measures to ensure women’s access to appropriate administrative and judicial remedies in the event of discrimination and to provide information in this respect.