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

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

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

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

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

Application of the Convention to women domestic workers. The Committee recalls that Act No. 2450 of 2003 issuing regulations governing salaried domestic work, allows, to a certain extent, the application of certain provisions of the Convention to be guaranteed to women domestic workers, among which reference may be made to Articles 3 (maternity leave) and 6 (protection against dismissal). Nevertheless, the regulations respecting affiliation to the National Social Security Fund envisaged in section 24 of the Act are still at the draft stage. The Committee regrets to note that, in its reply to the previous direct request, the Government does not provide any information on the necessary measures to ensure that this category of women workers benefits in law and practice from the protection envisaged by the social security legislation, not only in relation to medical care, but also the cash maternity benefits envisaged in Article 4 of the Convention. The Committee reiterates its request to the Government to supplement Act No. 2450 of 2003 to ensure a better application of the Convention to women domestic workers in relation to the following Articles: Article 3(2) and (3) of the Convention (compulsory nature of the postnatal leave during which the woman is not authorized to work); Article 3(4) (extension of prenatal leave in the event of confinement after the presumed date); Article 5 (interruptions of work for nursing counted as working hours and remunerated accordingly).

With reference to the request for section 4 of Act No. 2450 of 2003 to be supplemented, the Committee notes with interest Decree No. 0012, of 19 February 2009, issuing regulations on the conditions for the employment stability of mothers and/or fathers working in the public or private sectors, from the time of pregnancy until the child is 1 year of age. The Committee also notes Supreme Decree No. 0496 of 1 May 2010, supplementing section 6 of the Supreme Decree referred to above, envisaging the intervention of the Ministry of Labour, Employment and Social Welfare in cases of failure to comply with the employment stability referred to above. The Committee requests the Government to indicate whether these Decrees apply to domestic workers.

Finally, the Government has not provided any reply in relation to section 20(c) of Act No. 2450 of 2003 authorizing the suspension of social benefits in certain cases, such as the partial or total failure to comply with the employment contract. The Committee recalls that the Convention does not authorize the suspension of maternity benefit for such reasons. The Committee therefore reiterates its request to the Government to indicate in the next report the measures adopted or envisaged to ensure that section 20 of Act No. 2450 cannot be applied to the maternity benefits due to women who are absent from work, in accordance with Article 3 of the Convention.

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

The Committee notes that the Government’s report does not contain a reply to its previous comments, but indicates that the Ministry of Labour, Employment and Social Welfare and the Bolivian Central of Workers (COB) are working together on the formulation of the Bill intended to amend the current General Labour Act and which, inter alia, refers to matters relating to benefits for the birth of a child. The Committee trusts that the Government will not fail to take this opportunity to bring its legislation into full conformity with the Convention in relation to the matters referred to below, and that it will indicate the progress achieved in this respect in its next report.

Article 1 of the Convention. Agricultural workers. In the absence of a reply by the Government to its previous comments concerning the protection of women agricultural workers, the Committee is bound to express once again the firm hope that the Government will not fail to take all the necessary measures in the very near future to ensure that all these women workers benefit in both law and practice from the maternity protection afforded by the national legislation (General Labour Act and Social Security Code).

Article 3(2). Duration of maternity leave. The Committee observes that the relevant provisions of the labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 on women workers in the public administration) would need to be aligned with the social security legislation (section 31 of Decree No. 13214 of 24 December 1975) so as to establish explicitly and without ambiguity the right to maternity leave of at least 12 weeks, in accordance with the Convention.

Article 3(4). Late confinement. The Committee asks the Government to provide information in its next report on the measures adopted in practice for the inclusion in the General Labour Act, the Social Security Code and the legislation respecting public servants and employees of a provision explicitly establishing the possibility of extending prenatal leave where confinement occurs later than the presumed date, without any reduction in the minimum period of post-natal leave of six weeks prescribed by the Convention.

Article 4(1) and (3). Medical benefits. The Committee requests the Government to provide information on the establishment in practice of universal health insurance for mothers and children (Seguro Universal Materno Infantil) and in particular to provide statistics on the number of women workers covered in relation to the total number of employed persons, and the number of women workers who have received care from the health services in the context of the universal health insurance for mothers and children, with an indication of the nature of the medical care received. Please also provide copies of the implementing regulations envisaged in section 10 of the Act of 22 November 2002. The Committee would also be grateful if the Government would provide information in its next report on the results achieved and the difficulties encountered in the implementation of the new health policy.

Article 4(4) and (5) and (8). Entitlement to benefits. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the provision of maternity benefit: (i) by means of public funds for women who are not yet covered by the social security scheme; and (ii) in the context of public assistance for those who fail to meet the qualifying conditions prescribed by the Social Security Code.

Article 5. Nursing breaks. The Committee is bound to request the Government once again to indicate in its next report the measures adopted or envisaged to supplement the legislation respecting conditions of employment in the public administration with a provision explicitly granting entitlement to nursing breaks to women workers in this sector.

Part V of the report form. The Committee requests the Government to provide detailed information in its next report, including statistics, on the application in practice of the system of maternity benefits, in both cash and in kind (regions and municipalities covered, number of employed persons who in practice benefit from the envisaged protection in relation to the total number of employed persons, summaries of inspection reports, number and nature of the violations reported and any other details relating to the application of the Convention in practice).

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

With reference to its observation, the Committee hopes that the Government will soon be able to take the necessary measures to supplement Act No. 2450 of 9 April 2003 issuing regulations governing salaried domestic work, so as to ensure for domestic workers fuller application of the Convention in relation to the following Articles.

Article 3, paragraphs 2 and 3, of the Convention (compulsory nature of the postnatal leave during which the woman worker is not authorized to work).

Article 3, paragraph 4 (extension of prenatal leave in the event of confinement after the presumed date).

Article 5 (interruptions of work for nursing counted as working hours and remunerated accordingly).

Furthermore, the Government is requested to examine the possibility of supplementing section 4 of Act No. 2450 of 2003 so as to prohibit, in accordance with Article 6 of the Convention, an employer from dismissing a domestic worker not only during her maternity leave (as envisaged in subsection (d) of section 4 above), but also at such a time that the notice would expire during such absence.

Finally, the Committee notes that section 20 of Act No. 2450 of 2003 authorizes the non-payment of social benefits in a number of cases, including the partial or total failure to comply with the employment contract. The Committee recalls that the Convention does not contain provisions authorizing the suspension of maternity benefits on such grounds. It requests the Government to indicate in its next report the measures adopted or envisaged to ensure that section 20 of Decree No. 2450 cannot be applied to the maternity benefits due to women who are absent from work in accordance with Article 3 of the Convention.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 1 of the Convention. Scope. The Committee notes the adoption on 9 April 2003 of Act No. 2450 regulating salaried domestic work. It notes that this Act, at least to a certain extent, secures the application to women domestic workers of certain provisions of the Convention, including Article 3 (maternity leave) and Article 6 (protection against dismissal). However, the Committee notes that the implementing text concerning the affiliation of women domestic workers to the National Social Security Fund, as envisaged in section 24 of Act No. 2450, is still in draft form. The Committee therefore hopes that the necessary texts will be adopted in the near future to secure for this category of women workers in both law and practice the protection envisaged by the social security legislation, not only with regard to medical care, but also cash maternity benefits, under the conditions set forth in Article 4 of the Convention.

The Committee also considers it necessary to supplement Act No. 2450 of 2003 on a number of points that it is raising in a request addressed directly to the Government.

In the absence of a reply by the Government to its previous comments concerning the protection of women agricultural workers, the Committee is bound once again to express the firm hope that the necessary measures will be adopted in the near future to ensure that all of these women workers benefit in law and practice from the maternity protection afforded by the national legislation (General Labour Act and Social Security Code).

Furthermore, the Committee requests the Government to provide detailed information with its next report, including statistics, on the application in practice of the social security scheme (the regions and municipalities covered, the number of employees covered in practice by the protection envisaged by the social security system in relation to the total number of employees) with regard to maternity care and maternity cash benefits.

Article 3, paragraph 2. Duration of maternity leave. The Government indicates in its report that it intends to promote the adoption in the near future of the necessary measures to prevent any contradiction between the various provisions of the legislation applicable in relation to maternity leave. The Committee therefore hopes that the relevant provisions of the labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 respecting women workers in the public administration) will be aligned in the very near future with those respecting social security (section 31 of Decree No. 13214 of 24 December 1975) so as to establish explicitly and without ambiguity the right to maternity leave of at least 12 weeks, in accordance with the Convention. It considers the adoption of these measures all the more necessary as the social security legislation still does not apply to all the women workers covered by the Convention.

Article 3, paragraph 4. Late confinement. The Government states once again that it intends to take measures in the near future to incorporate the Committee’s recommendations into the national legislation. The Committee trusts that the Government will be in a position to provide information in its next report on the measures taken in practice to include in the General Labour Act, the Social Security Code and the legislation respecting the public administration a provision explicitly providing for the possibility of extending prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum period of post-natal leave of six weeks prescribed by the Convention.

Article 4, paragraphs 1 and 3. Medical benefits. The Committee notes the information concerning the development of a new national health policy and the adoption of the Act respecting universal health insurance for mothers and children (Seguro Universal Materno Infantil – SUMI) on 22 November 2002. It notes in this respect that the principal objectives of the new health policy include the improvement of health services and the proclamation of a right to health guaranteed by the State; with health no longer being considered an exclusive function of the health authorities, but as requiring the involvement of local authorities for the purposes of achieving broader participation by the population and better knowledge of its rights, while refusing the commercialization of the right to health. With regard to the SUMI, which forms part of the first phase of the reform process, the Committee notes that its primary objective is the rapid reduction of maternal and child mortality through the provision, throughout the territory and for all pathologies, of free and full medical care, including surgical care, medical examinations and medicine at all levels, to pregnant women during their pregnancy and up to six months after confinement, and to children under 5 years of age, with specific attention to the particular needs of the rural population. According to the Government’s report, the SUMI therefore constitutes one of the elements for securing the provision of health services that are constantly more accessible and leading up to the establishment of an integral and universal social security scheme, instead of the current situation in which only 24 per cent of the population are covered by the network of health funds of the social security system. The Committee requests the Government to provide information on the implementation in practice of the SUMI, with the provision of statistics on the number of women workers in relation to the total number of employees and the number of women workers who have received care from the health services in the context of the SUMI, with an indication of the nature of the care received. Please also provide copies of the implementing regulations envisaged in section 10 of the Act of 22 November 2002. The Committee would also be grateful if the Government would provide information with its next report on the results achieved and the difficulties encountered in the implementation of the new national health policy.

Article 4, paragraphs 4, 5 and 8. Right to benefits. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure the provision of maternity benefits: (i) by means of public funds for women who are not yet covered by the social security scheme; and (ii) in the context of public assistance for those who fail to meet the qualifying conditions prescribed by the Social Security Code.

Article 5. Nursing breaks. The Committee is bound to request the Government once again to indicate in its next report the measures adopted or envisaged to supplement the legislation respecting conditions of employment in the public administration with a provision explicitly granting entitlement to nursing breaks for women workers in this sector.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

With reference to its observation, the Committee hopes that the Government will soon be able to take the necessary measures to supplement Act No. 2450 of 9 April 2003 issuing regulations governing salaried domestic work, so as to ensure for domestic workers fuller application of the Convention in relation to the following Articles.

Article 3, paragraphs 2 and 3, of the Convention (compulsory nature of the postnatal leave during which the woman worker is not authorized to work).

Article 3, paragraph 4 (extension of prenatal leave in the event of confinement after the presumed date).

Article 5 (interruptions of work for nursing counted as working hours and remunerated accordingly).

Furthermore, the Government is requested to examine the possibility of supplementing section 4 of Act No. 2450 of 2003 so as to prohibit, in accordance with Article 6 of the Convention, an employer from dismissing a domestic worker not only during her maternity leave (as envisaged in subsection (d) of section 4 above), but also at such a time that the notice would expire during such absence.

Finally, the Committee notes that section 20 of Act No. 2450 of 2003 authorizes the non-payment of social benefits in a number of cases, including the partial or total failure to comply with the employment contract. The Committee recalls that the Convention does not contain provisions authorizing the suspension of maternity benefits on such grounds. It requests the Government to indicate in its next report the measures adopted or envisaged to ensure that section 20 of Decree No. 2450 cannot be applied to the maternity benefits due to women who are absent from work in accordance with Article 3 of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. The Committee notes the adoption on 9 April 2003 of Act No. 2450 regulating salaried domestic work. It notes with interest that this Act, at least to a certain extent, secures the application to women domestic workers of certain provisions of the Convention, including Article 3 (maternity leave) and Article 6 (protection against dismissal). However, the Committee notes that the implementing text concerning the affiliation of women domestic workers to the National Social Security Fund, as envisaged in section 24 of Act No. 2450, is still in draft form. The Committee therefore hopes that the necessary texts will be adopted in the near future to secure for this category of women workers in both law and practice the protection envisaged by the social security legislation, not only with regard to medical care, but also cash maternity benefits, under the conditions set forth in Article 4 of the Convention.

The Committee also considers it necessary to supplement Act No. 2450 of 2003 on a number of points that it is raising in a request addressed directly to the Government.

In the absence of a reply by the Government to its previous comments concerning the protection of women agricultural workers, the Committee is bound once again to express the firm hope that the necessary measures will be adopted in the near future to ensure that all of these women workers benefit in law and practice from the maternity protection afforded by the national legislation (General Labour Act and Social Security Code).

Furthermore, the Committee requests the Government to provide detailed information with its next report, including statistics, on the application in practice of the social security scheme (the regions and municipalities covered, the number of employees covered in practice by the protection envisaged by the social security system in relation to the total number of employees) with regard to maternity care and maternity cash benefits.

Article 3, paragraph 2. The Government indicates in its report that it intends to promote the adoption in the near future of the necessary measures to prevent any contradiction between the various provisions of the legislation applicable in relation to maternity leave. The Committee therefore hopes that the relevant provisions of the labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 respecting women workers in the public administration) will be aligned in the very near future with those respecting social security (section 31 of Decree No. 13214 of 24 December 1975) so as to establish explicitly and without ambiguity the right to maternity leave of at least 12 weeks, in accordance with the Convention. It considers the adoption of these measures all the more necessary as the social security legislation still does not apply to all the women workers covered by the Convention.

Article 3, paragraph 4. The Government states once again that it intends to take measures in the near future to incorporate the Committee’s recommendations into the national legislation. The Committee trusts that the Government will be in a position to provide information in its next report on the measures taken in practice to include in the General Labour Act, the Social Security Code and the legislation respecting the public administration a provision explicitly providing for the possibility of extending prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum period of post-natal leave of six weeks prescribed by the Convention.

Article 4, paragraphs 1 and 3. The Committee notes the information concerning the development of a new national health policy and the adoption of the Act respecting universal health insurance for mothers and children (Seguro Universal Materno Infantil – SUMI) on 22 November 2002. It notes in this respect that the principal objectives of the new health policy include the improvement of health services and the proclamation of a right to health guaranteed by the State; with health no longer being considered an exclusive function of the health authorities, but as requiring the involvement of local authorities for the purposes of achieving broader participation by the population and better knowledge of its rights, while refusing the commercialization of the right to health. With regard to the SUMI, which forms part of the first phase of the reform process, the Committee notes that its primary objective is the rapid reduction of maternal and child mortality through the provision, throughout the territory and for all pathologies, of free and full medical care, including surgical care, medical examinations and medicine at all levels, to pregnant women during their pregnancy and up to six months after confinement, and to children under 5 years of age, with specific attention to the particular needs of the rural population. According to the Government’s report, the SUMI therefore constitutes one of the elements for securing the provision of health services that are constantly more accessible and leading up to the establishment of an integral and universal social security scheme, instead of the current situation in which only 24 per cent of the population are covered by the network of health funds of the social security system. The Committee requests the Government to provide information on the implementation in practice of the SUMI, with the provision of statistics on the number of women workers in relation to the total number of employees and the number of women workers who have received care from the health services in the context of the SUMI, with an indication of the nature of the care received. Please also provide copies of the implementing regulations envisaged in section 10 of the Act of 22 November 2002. The Committee would also be grateful if the Government would provide information with its next report on the results achieved and the difficulties encountered in the implementation of the new national health policy.

Article 4, paragraphs 4, 5 and 8. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure the provision of maternity benefits: (i) by means of public funds for women who are not yet covered by the social security scheme; and (ii) in the context of public assistance for those who fail to meet the qualifying conditions prescribed by the Social Security Code.

Article 5. The Committee is bound to request the Government once again to indicate in its next report the measures adopted or envisaged to supplement the legislation respecting conditions of employment in the public administration with a provision explicitly granting entitlement to nursing breaks for women workers in this sector.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

With reference to its observation, the Committee hopes that the Government will soon be able to take the necessary measures to supplement Act No. 2450 of 9 April 2003 issuing regulations governing salaried domestic work, so as to ensure for domestic workers fuller application of the Convention in relation to the following Articles.

Article 3, paragraphs 2 and 3, of the Convention (compulsory nature of the postnatal leave during which the woman worker is not authorized to work).

Article 3, paragraph 4 (extension of prenatal leave in the event of confinement after the presumed date).

Article 5 (interruptions of work for nursing counted as working hours and remunerated accordingly).

Furthermore, the Government is requested to examine the possibility of supplementing section 4 of Act No. 2450 of 2003 so as to prohibit, in accordance with Article 6 of the Convention, an employer from dismissing a domestic worker not only during her maternity leave (as envisaged in subsection (d) of section 4 above), but also at such a time that the notice would expire during such absence.

Finally, the Committee notes that section 20 of Act No. 2450 of 2003 authorizes the non-payment of social benefits in a number of cases, including the partial or total failure to comply with the employment contract. The Committee recalls that the Convention does not contain provisions authorizing the suspension of maternity benefits on such grounds. It requests the Government to indicate in its next report the measures adopted or envisaged to ensure that section 20 of Decree No. 2450 cannot be applied to the maternity benefits due to women who are absent from work in accordance with Article 3 of the Convention.

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

Article 1 of the Convention. 1. The Committee notes the information provided by the Government concerning the adoption on 9 April 2003 of Act No. 2450 regulating salaried domestic work. It notes with interest that this Act, at least to a certain extent, secures the application to women domestic workers of certain provisions of the Convention, including Article 3 (maternity leave) and Article 6 (protection against dismissal). However, the Committee notes that the implementing text concerning the affiliation of women domestic workers to the National Social Security Fund, as envisaged in section 24 of Act No. 2450, is still in draft form. The Committee therefore hopes that the necessary texts will be adopted in the near future to secure for this category of women workers in both law and practice the protection envisaged by the social security legislation, not only with regard to medical care, but also cash maternity benefits, under the conditions set forth in Article 4 of the Convention.

The Committee also considers it necessary to supplement Act No. 2450 of 2003 on a number of points that it is raising in a request addressed directly to the Government.

2. In the absence of a reply by the Government to its previous comments concerning the protection of women agricultural workers, the Committee is bound once again to express the firm hope that the necessary measures will be adopted in the near future to ensure that all of these women workers benefit in law and practice from the maternity protection afforded by the national legislation (General Labour Act and Social Security Code).

3. Furthermore, the Committee requests the Government to provide detailed information with its next report, including statistics, on the application in practice of the social security scheme (the regions and municipalities covered, the number of employees covered in practice by the protection envisaged by the social security system in relation to the total number of employees) with regard to maternity care and maternity cash benefits.

Article 3, paragraph 2. The Government indicates in its report that it intends to promote the adoption in the near future of the necessary measures to prevent any contradiction between the various provisions of the legislation applicable in relation to maternity leave. The Committee therefore hopes that the relevant provisions of the labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 respecting women workers in the public administration) will be aligned in the very near future with those respecting social security (section 31 of Decree No. 13214 of 24 December 1975) so as to establish explicitly and without ambiguity the right to maternity leave of at least 12 weeks, in accordance with the Convention. It considers the adoption of these measures all the more necessary as the social security legislation still does not apply to all the women workers covered by the Convention.

Article 3, paragraph 4. In its reply, the Government states once again that it intends to take measures in the near future to incorporate the Committee’s recommendations into the national legislation. The Committee trusts that the Government will be in a position to provide information in its next report on the measures taken in practice to include in the General Labour Act, the Social Security Code and the legislation respecting the public administration a provision explicitly providing for the possibility of extending prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum period of postnatal leave of six weeks prescribed by the Convention.

Article 4, paragraphs 1 and 3. The Committee notes the information contained in the Government’s report concerning the development of a new national health policy and the adoption of the Act respecting universal health insurance for mothers and children (Seguro Universal Materno Infantil - SUMI) on 22 November 2002. It notes in this respect that the principal objectives of the new health policy include the improvement of health services and the proclamation of a right to health guaranteed by the State; with health no longer being considered an exclusive function of the health authorities, but as requiring the involvement of local authorities for the purposes of achieving broader participation by the population and better knowledge of its rights, while refusing the commercialization of the right to health. With regard to the SUMI, which forms part of the first phase of the reform process, the Committee notes that its primary objective is the rapid reduction of maternal and child mortality through the provision, throughout the territory and for all pathologies, of free and full medical care, including surgical care, medical examinations and medicine at all levels, to pregnant women during their pregnancy and up to six months after confinement, and to children under 5 years of age, with specific attention to the particular needs of the rural population. According to the Government’s report, the SUMI therefore constitutes one of the elements for securing the provision of health services that are constantly more accessible and leading up to the establishment of an integral and universal social security scheme, instead of the current situation in which only 24 per cent of the population are covered by the network of health funds of the social security system. The Committee requests the Government to provide information on the implementation in practice of the SUMI, with the provision of statistics on the number of women workers in relation to the total number of employees and the number of women workers who have received care from the health services in the context of the SUMI, with an indication of the nature of the care received. Please also provide copies of the implementing regulations envisaged in section 10 of the Act of 22 November 2002. The Committee would also be grateful if the Government would provide information with its next report on the results achieved and the difficulties encountered in the implementation of the new national health policy.

Article 4, paragraphs 4, 5 and 8. The Committee once again requests the Government to indicate the measures adopted or envisaged to ensure the provision of maternity benefits: (i) by means of public funds for women who are not yet covered by the social security scheme; and (ii) in the context of public assistance for those who fail to meet the qualifying conditions prescribed by the Social Security Code.

Article 5. The Committee notes that the Government’s report does not contain a reply to its previous comments. In these conditions, it is bound to request the Government once again to indicate in its next report the measures adopted or envisaged to supplement the legislation respecting conditions of employment in the public administration with a provision explicitly granting entitlement to nursing breaks for women workers in this sector.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its report, particularly concerning changes made and in progress in the social security field. In this regard, the Government states that subsequent to adoption of the Act on organization of the executive authorities of 1997, the Ministry of Labour and Small Enterprises no longer has responsibility for maternity insurance. The control and supervision of insurance now come under the Ministry of Health and Social Welfare. The Committee also notes the information supplied by the Government in reply to its previous comments and wishes to draw attention to the following points.

Article 1 of the Convention. In its previous comments, the Committee emphasized the need to take appropriate measures, both in law and in practice, to ensure that women workers at home and women agricultural workers benefit from the protection set out in the Convention. For women agricultural workers, the Government states that Congress has before it a draft supreme decree on the inclusion of wage earners in the agricultural sector under the General Labour Act, with the aim of harmonizing the rights of these workers in the field of social welfare and employment. The Committee notes this information with interest and hopes that the draft decree will be adopted very shortly. It hopes that the Government will not fail to take all the measures necessary to ensure that women agricultural workers and women workers at home all benefit in practice from the maternity protection provided by national legislation (General Labour Act and Social Security Code).

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act and Supreme Decree No. 2291 of 7 December 1950 applicable to women workers in the public administration provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave must be 12 weeks. In its latest report, the Government refers once again to section 31 of Decree No. 13214 of 24 December 1975 reforming the social security scheme which provides for payment of maternity benefits for a maximum duration of 45 days before and 45 days after confinement. According to the Government, this section amends section 61 of the abovementioned General Labour Act and allows effect to be given to this provision of the Convention. The Committee notes this information. Nevertheless, it still considers that in order to avoid any contradiction between the various provisions of legislation applicable, labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 concerning women workers in the public administration) should be aligned with social security legislation in order to provide expressly for the right to maternity leave of not less than 12 weeks. The Committee considers amendment of labour legislation all the more necessary since social security legislation does not always apply to all categories of women workers covered by the Convention.

Article 3, paragraph 4. The Committee hopes that the Government’s next report will contain information on the measures taken or envisaged to include in the General Labour Act, the Social Security Code and the legislation in respect of public servants and employees a provision allowing for the extension of prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum postnatal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee notes the adoption of Supreme Decree No. 24303 of 24 May 1996 on national insurance in relation to maternity and childhood. This free insurance provides medical benefits to the insured persons before, during and after confinement, as well as to children under the age of 5 years for certain diseases. The Committee requests the Government to supply a copy of this Decree. In regard to cash benefits, the Committee requests the Government to specify the measures taken or contemplated to ensure that women workers who do not fulfil the conditions set out in the Social Security Code or who are not yet covered by this scheme receive cash benefits either out of public funds or through public assistance schemes.

Article 5. In its previous comments, the Committee noted that section 61 of the General Labour Act which contains a provision concerning nursing breaks does not apply to public servants and employees as this category of workers is not covered by the General Labour Act. In its latest report, the Government indicates that section 61 applies both to the private sector and the public sector. In these circumstances, the Committee considers that the Government should not encounter any difficulties to include in the legislation concerning the working conditions of public sector employees a provision expressly laying down the right to nursing breaks. The Committee requests the Government to supply information on any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report, particularly concerning changes made and in progress in the social security field. In this regard, the Government states that subsequent to adoption of the Act on organization of the executive authorities of 1997, the Ministry of Labour and Small Enterprises no longer has responsibility for maternity insurance. The control and supervision of insurance now come under the Ministry of Health and Social Welfare. The Committee also notes the information supplied by the Government in reply to its previous comments and wishes to draw attention to the following points.

Article 1 of the Convention. In its previous comments, the Committee emphasized the need to take appropriate measures, both in law and in practice, to ensure that women workers at home and women agricultural workers benefit from the protection set out in the Convention. For women agricultural workers, the Government states that Congress has before it a draft supreme decree on the inclusion of wage earners in the agricultural sector under the General Labour Act, with the aim of harmonizing the rights of these workers in the field of social welfare and employment. The Committee notes this information with interest and hopes that the draft decree will be adopted very shortly. It hopes that the Government will not fail to take all the measures necessary to ensure that women agricultural workers and women workers at home all benefit in practice from the maternity protection provided by national legislation (General Labour Act and Social Security Code).

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act and Supreme Decree No. 2291 of 7 December 1950 applicable to women workers in the public administration provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave must be 12 weeks. In its latest report, the Government refers once again to section 31 of Decree No. 13214 of 24 December 1975 reforming the social security scheme which provides for payment of maternity benefits for a maximum duration of 45 days before and 45 days after confinement. According to the Government, this section amends section 61 of the abovementioned General Labour Act and allows effect to be given to this provision of the Convention. The Committee notes this information. Nevertheless, it still considers that in order to avoid any contradiction between the various provisions of legislation applicable, labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 concerning women workers in the public administration) should be aligned with social security legislation in order to provide expressly for the right to maternity leave of not less than 12 weeks. The Committee considers amendment of labour legislation all the more necessary since social security legislation does not always apply to all categories of women workers covered by the Convention.

Article 3, paragraph 4. The Committee hopes that the Government’s next report will contain information on the measures taken or envisaged to include in the General Labour Act, the Social Security Code and the legislation in respect of public servants and employees a provision allowing for the extension of prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum postnatal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee notes the adoption of Supreme Decree No. 24303 of 24 May 1996 on national insurance in relation to maternity and childhood. This free insurance provides medical benefits to the insured persons before, during and after confinement, as well as to children under the age of 5 years for certain diseases. The Committee requests the Government to supply a copy of this Decree. In regard to cash benefits, the Committee requests the Government to specify the measures taken or contemplated to ensure that women workers who do not fulfil the conditions set out in the Social Security Code or who are not yet covered by this scheme receive cash benefits either out of public funds or through public assistance schemes.

Article 5. In its previous comments, the Committee noted that section 61 of the General Labour Act which contains a provision concerning nursing breaks does not apply to public servants and employees as this category of workers is not covered by the General Labour Act. In its latest report, the Government indicates that section 61 applies both to the private sector and the public sector. In these circumstances, the Committee considers that the Government should not encounter any difficulties to include in the legislation concerning the working conditions of public sector employees a provision expressly laying down the right to nursing breaks. The Committee requests the Government to supply information on any progress made in this respect.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the information communicated by the Government in its report does not reply to the Committee's previous comments. It also notes that the Government no longer refers to the draft new Social Security Code. In these circumstances, the Committee is obliged to reiterate its previous comments which related to the following:

Article 1 of the Convention. The Committee trusts that measures will be adopted in the near future, both in law and practice, to ensure that women workers at home and women agricultural workers benefit from the protection set out in the Convention. It requests the Government to supply information on any progress achieved in this respect.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act and the Supreme Decree No. 2291 of 7 December 1950 applicable to women workers in the public administration, provide for maternity leave of 60 days, whereas, according to this provision of the Convention, the minimum period of maternity leave must be 12 weeks. It had also noted that the social security legislation (section 31 of Decree No. 13214 of 24 December 1975 reforming the social security system) provides for payment of maternity benefits for a maximum period of 45 days before and 45 days after the confinement, provided that the insured person fulfils certain conditions. In this respect, the Committee reminds the Government, first, that section 31 of said Decree No. 13214 deals with the period during which the insured person is entitled to maternity benefits and does not, like section 61 of the General Labour Act, deal with the right to maternity leave; and, secondly, that the social security legislation does not cover all the categories of women workers protected by the Convention. The Committee therefore deems that it must stress once again the need to amend section 61 of the General Labour Act and the Supreme Decree No. 2291 which applies to women workers in the public administration, so as to prescribe leave of at least 12 weeks in accordance with the Convention and the national social security legislation and to avoid any contradiction between the various legislative provisions applicable.

Article 3, paragraph 4. The Committee hopes that the Government's next report will contain information on the measures taken or envisaged to include in the General Labour Act, the Social Security Code and the legislation in respect of public servants and public employees a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee once again hopes that the necessary measures will be taken in the near future to enable women workers who cannot claim entitlement to the benefits provided through the social security scheme or who are not yet covered by the scheme, to receive appropriate benefits either out of public funds or through public assistance schemes.

Article 5. In its previous comments the Committee noted that only section 61 of the General Labour Act contains a provision concerning nursing breaks. Public servants and employees, however, do not enter into the field of application of the General Labour Act. The Committee therefore trusts that the Government will adopt the measures necessary to ensure application of this provision of the Convention to this category of women workers.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. The Committee notes that the examination of the new draft Social Security Code, which was to extend the scope of maternity protection to certain categories of workers previously not protected (including workers in domestic service and rural workers), has been deferred by the parliamentary commissions due to the amendments which are to be introduced in relation with the reform of Bolivian social security which is currently under examination. It once again hopes that the appropriate measures will be adopted in the near future, both in law and practice, to ensure that the above categories of women workers benefit from the protection set out in the Convention. It requests the Government to supply information on any progress achieved in this respect. Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act, and Presidential Decree No. 2291 of 7 December 1950, provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave is 12 weeks. In its report, the Government indicates that insured persons in both the private and public sectors are entitled to leave of 45 days before and 45 days after confinement under the social security legislation. It adds that the Social Security Code of 1956 goes further than Presidential Decree No. 2291 of 7 December 1950. The Committee recalls in this connection that the provisions of the Social Security Code, which is still not applied to certain categories of women workers, provide for the entitlement of women workers to benefits during their maternity leave under certain conditions, whereas the General Labour Act and Presidential Decree No. 2291 deal with the right to maternity leave. The Committee once again hopes that, in order to prevent any ambiguity, the Government will formally amend section 61 of the General Labour Act and Presidential Decree No. 2291 of 1950 so as to provide for leave of at least 12 weeks, in accordance with the Convention and the national social security legislation. Article 3, paragraph 4. The Government states in its report that it has taken note of the Committee's comments. The Committee therefore hopes that the next report will contain information on the measures which have been taken or are envisaged to include in the General Labour Act, the Social Security Code and the legislation respecting public servants and public employees, a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by the Convention. Article 4, paragraphs 5 and 8. The Committee once again hopes that, in accordance with the assurances given by the Government in its report, the necessary measures will be taken in the near future to enable women workers who cannot claim entitlement to the benefits provided through the social security scheme to receive appropriate benefits either out of public funds or through public assistance schemes. Article 5. In reply to the Committee's previous comments, the Government states that, in accordance with the Social Security Code, women working in both the public and private sectors are entitled during the year following confinement to nursing breaks of half an hour in both the morning and the afternoon. In this connection, the Committee notes that as regards the legal texts which are available to it, only section 61 of the General Labour Act, which is not applicable to public servants or public employees, contains a provision concerning nursing breaks. The Committee therefore hopes that the necessary measures will be taken to give effect to this provision of the Convention as regards this category of women workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the information supplied by the Government in reply to its previous comments and wishes to draw the Government's attention to the following points:

Article 1 of the Convention. The Committee notes that the examination of the new draft Social Security Code, which was to extend the scope of maternity protection to certain categories of workers previously not protected (including workers in domestic service and rural workers), has been deferred by the parliamentary commissions due to the amendments which are to be introduced in relation with the reform of Bolivian social security which is currently under examination. It once again hopes that the appropriate measures will be adopted in the near future, both in law and practice, to ensure that the above categories of women workers benefit from the protection set out in the Convention. It requests the Government to supply information on any progress achieved in this respect.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act, and Presidential Decree No. 2291 of 7 December 1950, provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave is 12 weeks. In its report, the Government indicates that insured persons in both the private and public sectors are entitled to leave of 45 days before and 45 days after confinement under the social security legislation. It adds that the Social Security Code of 1956 goes further than Presidential Decree No. 2291 of 7 December 1950. The Committee recalls in this connection that the provisions of the Social Security Code, which is still not applied to certain categories of women workers, provide for the entitlement of women workers to benefits during their maternity leave under certain conditions, whereas the General Labour Act and Presidential Decree No. 2291 deal with the right to maternity leave. The Committee once again hopes that, in order to prevent any ambiguity, the Government will formally amend section 61 of the General Labour Act and Presidential Decree No. 2291 of 1950 so as to provide for leave of at least 12 weeks, in accordance with the Convention and the national social security legislation.

Article 3, paragraph 4. The Government states in its report that it has taken note of the Committee's comments. The Committee therefore hopes that the next report will contain information on the measures which have been taken or are envisaged to include in the General Labour Act, the Social Security Code and the legislation respecting public servants and public employees, a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee once again hopes that, in accordance with the assurances given by the Government in its report, the necessary measures will be taken in the near future to enable women workers who cannot claim entitlement to the benefits provided through the social security scheme to receive appropriate benefits either out of public funds or through public assistance schemes.

Article 5. In reply to the Committee's previous comments, the Government states that, in accordance with the Social Security Code, women working in both the public and private sectors are entitled during the year following confinement to nursing breaks of half an hour in both the morning and the afternoon.

In this connection, the Committee notes that as regards the legal texts which are available to it, only section 61 of the General Labour Act, which is not applicable to public servants or public employees, contains a provision concerning nursing breaks. The Committee therefore hopes that the necessary measures will be taken to give effect to this provision of the Convention as regards this category of women workers.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information provided by the Government in reply to its earlier comments.

Article 1 of the Convention (scope). The Committee notes with interest that the new Draft Social Security Code is aiming at the extension of the scope of the maternity protection to certain categories of workers previously not protected (including workers in domestic service and rural workers). It hopes that the new Code will be adopted in the near future and asks the Government to report any progress made in this connection.

Article 3, paragraph 2 (duration of maternity leave). The Committee noted in its earlier comments that the Social Security Code of 1956 provides for maternity cash benefit for six weeks before and six weeks after confinement. It points out once again that it is still necessary to amend section 61 of the General Labour Act in order to provide also for a period of leave of at least 12 weeks in conformity with this Article of the Convention and with the national legislation on social security. Further to its previous comments it draws the attention of the Government to the point that a similar change should be made with respect to public service employees, who are only entitled to 60 days of maternity leave under the terms of Presidential Decree No. 2291 of 7 December 1950.

Article 3, paragraph 4 (extension of pre-natal leave). The Committee can but reiterate its hope that the Government will take the necessary steps to include in the General Labour Act and in the Social Security Code a provision allowing for the extension of pre-natal leave where confinement takes place later than the presumed date, without any reduction in the minimum post-natal leave period of six weeks prescribed by this provision of the Convention. The Committee points out once again that a similar change will have to be made with respect to public service employees. It asks the Government to provide in its next report information on any progress made in this connection.

Article 4, paragraphs 5 and 8 (benefits for women who have not completed the qualification period stipulated by the Social Security Code or who are not yet covered by the insurance scheme). The Committee notes the statement in the report that the Draft Social Security Code contains better provisions in this field as compared to the existing legislation. It hopes that the new Code will be adopted in the near future and that it will contain provisions which will enable women workers to receive cash benefits provided either under compulsory social insurance or out of public funds or social assistance funds, as required by the Convention. It asks the Government to provide in its next report information on any progress made in this connection.

Article 5 (nursing breaks). The Committee notes that the Government's reply contains no new information as regards the question put in its previous comments. It asks the Government once again to indicate the provisisons whereby this Article of the Convention is applied to public service employees excluded from the scope of the General Labour Act.