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

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

Articles 1–4 of the Convention. National policy on vocational rehabilitation and employment for persons with disabilities. The Committee notes with interest the Persons with Disabilities (General) Act (Act No. 223), promulgated on 2 March 2012, and its Regulations, issued by Supreme Decree No. 1893 on 12 February 2014. The Committee notes in particular that section 5(19) of the Act establishes the right of persons with disabilities to integrated employment in ordinary enterprises, namely employment under the same conditions as the other workers, male or female, without disabilities, in public or private institutions. Section 34 of the Act, on the working environment, provides that the State, at all levels of government, shall prepare development plans, programmes and projects which are geared among other things to the creation of jobs for persons with disabilities, while section 18 of the Regulations requires the central government to mainstream policies for the labour integration of persons with disabilities in the plans, programmes and/or projects it implements, promoting access for persons with disabilities to employment and to decent work. The Act also sets a requirement for the State to promote access to credit for the financing of self-employment projects and the organization of cooperatives for persons with disabilities. The Committee also notes the establishment of the National Committee for Persons with Disabilities and the National Solidarity and Equity Fund by Supreme Decree No. 839 of 6 April 2011.

The Government includes in its report a study conducted in November 2014 on employment opportunities and income generating initiatives for persons with disabilities, which reports an unemployment rate of over 80 per cent nationwide among persons with disabilities. The Government is engaged in efforts to meet the 4 per cent quota of workers with disabilities in public institutions established in Supreme Decree No. 27477 of 4 May 2004. The Committee notes in this regard the final conclusions (CRPD/C/BOL/CO/1) relating to the State’s Initial Report, issued in August 2016 by the Committee on the Rights of Persons with Disabilities, in which that committee expresses concern at the failure to implement employment quotas and the high unemployment rates among persons with disabilities, observing that the immunity from dismissal granted to persons with disabilities and members of their families by Act No. 223 may discourage employers from hiring persons with disabilities.

The Committee requests the Government to report on the application of Act No. 223 and the impact it has had on the integration of persons with disabilities in the open labour market, including information on the formulation and application of policies for the placement of persons with disabilities in jobs in accordance with the Act and its regulations. Please also provide information on the work of the National Solidarity and Equity Fund and on the results of the special positive measures undertaken to ensure effective equality of opportunity and treatment between persons with disabilities and other workers (Article 4).

Article 5. Consultations with employers’ and workers’ organizations. Consultations with organizations of and for persons with disabilities. The Committee notes that section 44 of Act No. 223 provides that public policies and programmes and projects concerning disabilities shall be subject to standing consultations with the organizations of persons with disabilities. The Committee requests the Government to report on the consultations held with the social partners and with organizations representing persons with disabilities about the application of the national policy on vocational rehabilitation for persons with disabilities.

Articles 7 and 8. Vocational training and employment intermediation services. The Committee notes that the Ministry of Labour, Employment and Social Welfare, in coordination with the Ministry of Production Development and the Plural Economy, has been implementing a training for work project for persons with disabilities which envisages the promotion of entrepreneurship. The Departmental Social Management Services (SEDEGES) offer vocational training services for persons with disabilities and the Bolivian Institute on Blindness implements training projects for persons with visual disabilities. The Committee notes that Supreme Decree No. 29608 of 18 June 2008, which amends and supplements Supreme Decree No. 27477 of 2004, promotes the establishment of production units in which persons with disabilities shall account for at least 25 per cent of the staff and which shall be organized with support and technical advice from the Ministry of Production and Micro-enterprises. Supreme Decree No. 29608 further provides that private institutions shall inform the Ministry of Labour monthly of the requirements of posts that are suited to persons with disabilities so that they may be filled through the employment intermediation services. The Committee requests the Government to report on the activities of the employment intermediation, training and vocational training services offered to persons with disabilities. It also requests the Government to send further information on the vocational guidance and training, placement, employment and other services provided for persons with disabilities living in rural areas and remote communities.

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

Implementation of a national policy. The Committee notes the Government’s report received in August 2010 listing the legal provisions on persons with disabilities in force and indicating the most recent statutes on the subject. The Government states that in August 2009 a National Solidarity and Equity Fund was created on a temporary basis for persons with disabilities with the aim of increasing the probability of integrating men and women with disabilities in the labour market, either in employment or self-employment. The Government suggests that the apparent ignorance of the existing rules and regulations by employers prevents their implementation by the Ministry of Labour. The Government also includes a list of measures taken under Supreme Decree No. 27477 of May 2004, the aim of which was to promote preferential treatment for persons with disabilities in terms of labour market access, progress and stability, with the requirement that in public entities, such persons must account for at least 4 per cent of total human resources on average. The Committee refers to its observation of 2006 and requests the Government to provide information in its next report on the results obtained in integrating persons with disabilities into the open labour market (Article 2 of the Convention). It also asks the Government to provide further information on the impact of the measures adopted to ensure effective equality of treatment between men and women workers with disabilities and other workers (Article 4), the provision of vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to secure, retain and advance in employment (Article 7), the provision of vocational rehabilitation and employment services for persons with disabilities who live in remote areas and who lack economic resources (Article 8) and the specific measures put into effect to ensure the availability of suitably qualified vocational rehabilitation staff (Article 9).

Consultation of the representative organizations of employers and workers. The Committee again asks the Government to provide information on the consultations held with employers and workers organizations – such as the Bolivian Central of Workers and the Confederation of Private Employers of Bolivia – regarding the measures taken to promote cooperation and coordination between public and private institutions engaged in vocational rehabilitation activities (Article 5).

Part V of the report form. The Committee asks the Government to illustrate its next report with practical information such as extracts from reports, studies and enquiries concerning the matters covered by the Convention.

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

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).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 2004 direct request, which read as follows:

1. The Committee notes the Government’s first report on the application of the Convention, received in June 2000, and the subsequent report received in September 2002. The Committee notes with interest that the application of Convention No. 159, and of Recommendations Nos. 99 and 168, are among the objectives of Act No. 1678 of 1995 and its implementing regulations of 1997. The Committee notes however that little practical information is contained in the reports received on other measures adopted in practice to give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would provide in its next report practical information, as required in Part V of the report form of the Convention, including information on the following matters.

2. Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Please describe in general terms the national policy formulated by the Government (possibly through the National Committee for Persons with Disabilities) and provide information on the manner in which the national policy is implemented and periodically reviewed.

3. Article 3. Access to the open labour market for persons with disabilities. Please indicate whether, in practice, vocational rehabilitation measures are made available to all categories of persons with disabilities and whether the measures adopted in practice promote employment opportunities for persons with disabilities in the open labour market.

4. Article 4. Please provide information on the impact of the measures set out in Act No. 1678 and its regulations in achieving effective equality of treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that in establishing the National Committee for Persons with Disabilities, section 17 of Act No. 1678 provides that its members shall include representatives of the Confederation of Persons with Disabilities and non-governmental organizations, but not of the representative organizations of employers and workers. The Government indicates in the report received in June 2000 that this matter will be reviewed in due course in the context of the application of Act No. 1678. The Committee asks the Government to describe the manner in which the occupational organizations were consulted on the application of the policy on vocational rehabilitation and employment of persons with disabilities. In particular, please indicate the consultations held with occupational organizations in relation to the measures taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. Please also describe the activities of the National Committee for Persons with Disabilities.

6. Article 7. Services available for persons with disabilities. Please provide information on the various vocational guidance, vocational training, placement, employment and other related services intended to enable persons with disabilities to secure, retain and advance in employment.

7. Article 8. Measures to address the needs of persons with disabilities in rural areas and poorest areas. Please indicate whether the departmental committees of the National Committee for Persons with Disabilities are operating in practice and provide information on their activities, particularly in relation to persons living far from central areas and without economic resources.

8. Article 9. Suitably qualified staff to provide services for persons with disabilities. Please provide information on the measures taken in practice to ensure the availability of suitably qualified vocational rehabilitation staff.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s first report on the application of the Convention, received in June 2000, and the subsequent report received in September 2002. The Committee notes with interest that the application of Convention No. 159, and of Recommendations Nos. 99 and 168, are among the objectives of Act No. 1678 of 1995 and its implementing regulations of 1997. The Committee notes however that little practical information is contained in the reports received on other measures adopted in practice to give effect to the provisions of the Convention. The Committee would therefore be grateful if the Government would provide in its next report practical information, as required in Part V of the report form of the Convention, including information on the following matters.

2. Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Please describe in general terms the national policy formulated by the Government (possibly through the National Committee for Persons with Disabilities) and provide information on the manner in which the national policy is implemented and periodically reviewed.

3. Article 3. Access to the open labour market for persons with disabilities. Please indicate whether, in practice, vocational rehabilitation measures are made available to all categories of persons with disabilities and whether the measures adopted in practice promote employment opportunities for persons with disabilities in the open labour market.

4. Article 4. Please provide information on the impact of the measures set out in Act No. 1678 and its regulations in achieving effective equality of treatment between workers with disabilities, whether men or women, and other workers.

5. Article 5. Consultation of the representative organizations of employers and workers. The Committee notes that in establishing the National Committee for Persons with Disabilities, section 17 of Act No. 1678 provides that its members shall include representatives of the Confederation of Persons with Disabilities and non-governmental organizations, but not of the representative organizations of employers and workers. The Government indicates in the report received in June 2000 that this matter will be reviewed in due course in the context of the application of Act No. 1678. The Committee asks the Government to describe the manner in which the occupational organizations were consulted on the application of the policy on vocational rehabilitation and employment of persons with disabilities. In particular, please indicate the consultations held with occupational organizations in relation to the measures taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. Please also describe the activities of the National Committee for Persons with Disabilities.

6. Article 7. Services available for persons with disabilities. Please provide information on the various vocational guidance, vocational training, placement, employment and other related services intended to enable persons with disabilities to secure, retain and advance in employment.

7. Article 8. Measures to address the needs of persons with disabilities in rural areas and poorest areas. Please indicate whether the departmental committees of the National Committee for Persons with Disabilities are operating in practice and provide information on their activities, particularly in relation to persons living far from central areas and without economic resources.

8. Article 9. Suitably qualified staff to provide services for persons with disabilities. Please provide information on the measures taken in practice to ensure the availability of suitably qualified vocational rehabilitation staff.