Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Domestic Workers Convention, 2011 (No. 189) - Bolivia (Plurinational State of) (Ratification: 2013)

The Committee notes the observations of the Latin American and Caribbean Confederation of Domestic Workers (CONLACTRAHO), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Scope of application. Exclusions. The Committee notes that the Government does not reply to its previous request concerning the exclusion of waged workers who perform domestic work occasionally or sporadically on an occupational basis from the scope of application of Act No. 2450 of 9 April 2003 regulating waged domestic work (Act No. 2450). In this regard, the Committee recalls that the possibility of total or partial exclusion from the scope of application of the Convention is limited and concerns only: (a) categories of workers who are otherwise provided with at least equivalent protection; and (b) limited categories of workers in respect of which special problems of a substantial nature arise (Article 2(2)(a) and (b) of the Convention). The Committee therefore once again requests the Government to provide a detailed explanation of the reasons why waged workers who perform domestic work occasionally or sporadically on an occupational basis are excluded from the scope of application of Act No. 2450 of 2003. In particular, the Committee requests the Government to indicate the exclusion option chosen, specifying, if applicable: (i) whether it is ensured that excluded workers receive protection at least equivalent to that received by other waged domestic workers covered by Act No. 2450; or (ii) what the special problems of a substantial nature are that arise with regard to the coverage of these categories of domestic workers. The Committee also once again requests the Government to provide information on consultations held prior to such exclusion with the most representative employers’ and workers’ organizations, and also with representative organizations of waged domestic workers and representative organizations of employers of waged domestic workers, where such organizations exist.

Article 3(2)(a) and (3).Freedom of association and collective bargaining. In its previous comments, the Committee noted the allegations of the National Federation of Domestic Workers of Bolivia (FENATRAHOB) that on 6 July 2018 its members participated in a demonstration protesting at the delay in the promulgation of the Supreme Decree relating to the affiliation of waged domestic workers to the National Health Fund. FENATRAHOB reported that, during the demonstration, the police used tear gas to repress its members, without taking into consideration that there were children present. In this regard, the Committee notes the Government’s general indication in its report that, further to the adoption of Supreme Decree No. 4589 of 28 September 2021 (Supreme Decree No. 4589), domestic workers are now protected by health insurance. In view of the fact that the Government has not responded to the other issues raised in its previous comment regarding the application of this provision of the Convention, the Committee once again requests the Government to: (i) respond to the observations of FENATRAHOB relating to the allegations concerning the actions of the police against its members during the protest of 6 July 2018 and the measures taken by the Government in this respect, if applicable; and (ii) take the necessary steps to ensure that the representative workers’ and employers’ organizations receive a copy of the report on the application of the Convention sufficiently in advance to be able to make their observations in this regard.

Article 3(2)(b). Elimination of all forms of forced or compulsory labour. The Government indicates that, under the Comprehensive Act No. 263 of 31 July 2012 against the trafficking and smuggling of persons (Act No. 263), the Plurinational Council on the Trafficking and Smuggling of Persons (CPTTP) was established. According to data from 2021, the CPTTP has implemented various measures to combat human trafficking, including: (i) the conduct at the national level of several operations against the trafficking and smuggling of persons and related crimes, operations which were planned and carried out by the Public Prosecutor’s Office and the Ministry of the Interior via the Department for Action against the Trafficking and Smuggling of Persons, in conjunction with the Bolivian Police; (ii) the development and delivery of a course on specialized techniques for the investigation and prosecution of human trafficking, smuggling of migrants and related crimes, in which more than 160 police officers, prosecutors and judges participated; (iii) the approval of technical cooperation projects with Brazil; and (iv) the holding of the first border security meeting with various Brazilian states (Acre, Mato Grosso, Mato Grosso do Sul and Rondônia). The Committee notes the statistical information provided by the Government on cases filed in the various departments of the country under Act No. 263, included in the 2021 report on the implementation of the plurinational policy to combat the trafficking and smuggling of persons and related crimes. However, the Committee notes that this information does not enable identification of the cases involving domestic workers. Lastly, the Committee notes that the United Nations (UN) Human Rights Committee, in its concluding observations of 2 June 2022, while welcoming the measures taken by Bolivia to prevent and combat trafficking in persons and forced labour, expressed concern at reports indicating that trafficking in persons continues and that the number of convictions for trafficking and related offences is very low despite the high number of complaints (CCPR/C/BOL/CO/4, paragraphs 20 and 21). In view of the concerns expressed by the UN Human Rights Committee, the Committee requests the Government to step up its efforts, with respect to waged domestic workers, to prevent, combat and punish trafficking in persons and forced or bonded labour, and to ensure that these cases are investigated promptly, thoroughly and impartially. The Committee also requests the Government to provide information on the nature and impact of the measures taken in this regard. The Committee further requests the Government to provide statistical information on the number and nature of offences reported in the sphere of waged domestic work, the investigations conducted, proceedings instituted and convictions handed down in this respect.

Article 5. Effective protection against abuse, harassment and violence. The Committee notes the information provided by the Government on the steps taken to prevent and take action against violence towards women, including in the workplace. In particular, the Government refers to the setting up: (i) in 2019, of the Plurinational Service for Women and Depatriarchalization (SPMD), responsible for monitoring laws and policies aimed at depatriarchalization and the implementation of programmes to guarantee women’s rights; (ii) in 2017, of the Inter-Institutional Commission responsible for the implementation of the comprehensive public policy for a life with dignity for women; and (iii) in 2022, of the Sectoral and Intersectoral Council for a Life Free of Violence (CSIVLV). Moreover, through the adoption of Ministerial Decision No. 196/21 of 8 March 2021, the Ministry of Labour adopted regulations governing the procedure for handling complaints of workplace harassment and sexual harassment of women in the workplace, established in Act No. 348 of 9 March 2013 on guaranteeing women a life free of violence. However, the Committee notes that CONLACTRAHO maintains in its observations that it is unclear whether the mechanism is applicable to domestic workers, given that its scope of application mentions enterprises, commercial establishments and public entities, but not employers who are individual persons, as is the case with waged domestic work. CONLACTRAHO also points out that the waged domestic workers interviewed indicated that they use the mechanisms established in the general laws to channel their complaints but that these mechanisms have shortcomings, and they emphasized that the sector’s unions play a fundamental role in supporting and advising workers in situations of violence. CONLACTRAHO denounces the fact that the waged domestic workers interviewed reported cases of abuse and psychological and physical violence, including sexual violence. Lastly, the Committee notes the Government’s indication that in 2021 a total of 315 complaints of workplace harassment were processed (143 of which resulted in injunctions to desist from such harassment), while in 2022 a total of 118 complaints were handled (61 resulting in injunctions to desist from such harassment). However, the Committee notes with regret that the Government has once again failed to provide information that would enable identification of the complaints relating to the waged domestic work sector and the specific measures taken to ensure that both male and female waged domestic workers enjoy effective protection in practice from all forms of abuse, harassment and violence. In this regard, the Committee draws the Government’s attention to Paragraph 7 of Recommendation No. 201, which identifies specific measures that can be taken in this respect. The Committee requests the Government to reply in detail to the observations of CONLACTRAHO. The Committee once again requests the Government to provide detailed, up-to-date information on: (i) the nature and impact of the measures taken to ensure the effective protection of male and female waged domestic workers against any form of abuse, harassment or violence, including the measures laid down in Act No. 348 of 2013 and Act No. 2450 of 2003; and (ii) the number of complaints lodged with the various competent bodies relating to harassment, abuse and violence against male and female domestic workers, the outcome of these complaints, the penalties imposed on those responsible, and the compensation granted.

Articles 6 and 9. Fair terms of employment. Decent working and living conditions. Domestic workers who reside in the household in which they work. The Committee notes the Government’s general indication in its report that Act No. 2450 of 2003 is binding and that Supreme Decree No. 4589 on the access of waged domestic workers to the National Health Fund and to social security is the foundation on which domestic workers can demand the observance of their labour rights. The Committee also notes the Government’s statement that there is a need, within the context of labour, to reinforce public policies for the protection and care of domestic workers. However, the Committee observes that the Government has not responded to its previous comments regarding the application of Articles 6 and 9 of the Convention. The Committee further notes that CONLACTRAHO, while highlighting the existence of a high rate of internal migration, reports cases of waged domestic workers from rural areas who are subjected to exploitation and work for low wages or even without receiving wages for months or years. The Committee requests the Government to reply in detail to the observations of CONLACTRAHO. The Committee once again requests the Government to indicate the legislative provisions under which it is guaranteed that waged domestic workers: (i) are free to reach agreement with their employer or potential employer on whether or not to reside in the household for which they work; and (ii) are not obliged, if they do reside in the household for which they work, to remain in the household or with household members during periods of daily and weekly rest or annual leave. The Committee also once again requests the Government to provide information on the application in practice of section 16 of Act No. 2450 of 2003, particularly on the number of complaints received regarding the withholding of identity and travel documents of waged domestic workers by their employer, the outcome of these complaints, and the compensation awarded.

Article 7. Written contract of employment. The Government recalls that, further to the adoption of Ministerial Resolution No. 218/14, the model individual employment contract in the waged domestic work sector was established, as well as the mandatory implementation of the passbook for the payment of wages and training in occupational safety and health. The Government indicates that the model contract was drawn up in conjunction with FENATRAHOB and that the Ministry of Labour has taken action on dissemination in this regard. The Committee welcomes the information provided by the Government regarding the dissemination measures implemented regarding the rights of domestic workers, such as: (i) the production of an advertisement by the Ombuds Office in conjunction with FENATRAHOB, which was published on social networks, concerning the right of domestic workers to join a trade union; and (ii) the production (in progress) of a radio script by the Department of Social Welfare Policy (DGPPS) in order to promote campaigns relating to domestic workers’ right to affiliation to the National Health Fund.

The Committee notes that CONLACTRAHO denounces the high level of informality in the sector. It also claims that, although FENATRAHOB created a model contract in conjunction with the Ministry of Labour to facilitate the registration of domestic workers, the verbal form of contract continues to be used and employment relationships are not registered. In this regard, CONLACTRAHO notes that, as a result of the COVID-19 pandemic, the number of registered domestic workers is thought to have decreased – by an estimated 8.3 per cent in 2019 – indicating that a large number of domestic workers have lost their jobs or changed over to informal working conditions. CONLACTRAHO also asserts that there is no sustained state strategy to disseminate and promote the labour rights of waged domestic workers. Lastly, the Committee notes that the Government does not provide any information on the number of employment contracts concluded in writing, or on measures taken or planned to ensure that waged domestic workers belonging to disadvantaged communities, including indigenous and tribal communities, are informed of the terms and conditions of their employment in an appropriate, verifiable and easily understandable manner. The Committee therefore once again requests the Government to provide detailed, up-to-date information on: (i) the nature and impact of the specific measures taken to ensure that waged domestic workers, including those from indigenous and tribal communities, are informed of the terms and conditions of their employment in an appropriate, verifiable and easily understandable manner; and (ii) the means through which this information is provided, including printed or audiovisual material, and the languages in which it is available.The Committee also once again requests the Government to provide information on: (i) the nature and impact of the measures taken to promote the conclusion of written employment contracts in the waged domestic work sector; and (ii) the number of written contracts concluded. With reference to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee requests the Government to indicate the strategies adopted or envisaged to reduce informality in domestic work.

Article 8(1) and (4). Migrant domestic workers. The Committee notes the Government’s general indication that special measures have been adopted to protect Bolivians abroad from violence, as well as policies to monitor their working conditions, guarantee mechanisms for access to justice in the event of violation of their labour rights, and arrange flights by embassies or consulates for persons who request repatriation. The Committee also notes that CONLACTRAHO, in its observations, highlights the fact that, although Argentina is a host country for migrant workers from Bolivia, no agreements have been concluded between the two countries and no mechanisms or protocols have been developed for the protection of migrant waged domestic workers. The Committee further notes that the Government has not responded to all the requests made in its previous comments regarding the application of Article 8 of the Convention. The Committee requests the Government to provide a detailed reply to the observations of CONLACTRAHO and once again requests the Government to: (i) take the necessary measures to ensure that migrant waged domestic workers receive a written job offer or employment contract, including the conditions of employment referred to in Article 7 of the Convention, prior to crossing national borders, and to send information on this matter; (ii) specify the conditions under which migrant waged domestic workers are entitled to repatriation further to the expiry or termination of the employment contract for which they were recruited; and (iii) provide information on the specific measures taken under the “National agreement for Bolivians abroad” in relation to waged domestic workers.

Article 11. Minimum wage. In reply to the Committee’s previous comments, the Government indicates in general terms in its report that it is working to ensure, protect and safeguard the effective exercise of the rights of women. However, the Committee notes that the Government has not replied to the comments and requests addressed to it on this matter in the last direct request. The Committee therefore once again requests the Government to take the necessary steps to compile information on the cases where violations of the obligation to pay at least the minimum wage to waged domestic workers are detected, and to provide information in this respect. The Committee also once again requests the Government to provide information on the number of wage passbooks which have been registered.

Article 13. Occupational safety and health. The Government indicates that, in January 2021, the Ministry of Labour formalized the “Biosafety protocol for the prevention, control and mitigation of COVID-19 for the waged domestic work sector”, which requires the employer, among other things, to provide waged domestic workers with personal protective equipment, and to arrange for medical care if necessary. The Government adds that, by communiqué No. 26/2020 of 3 June 2020, the Ministry of Labour reminded the general public that waged domestic workers are entitled to the payment of wages, compensation and employment benefits, and that they should be provided with biosafety equipment during the pandemic. The Government also indicates that the Ministry of Labour has publicized the above-mentioned protocol. However, the Committee notes that the Government’s report refers only to occupational health and safety issues linked to the COVID-19 pandemic. The Committee therefore once again requests the Government to provide detailed, up-to-date information on: (i) the nature and impact of measures adopted or envisaged that duly take into account the specific characteristics of waged domestic work, in order to ensure the occupational safety and health of these workers; and (ii) the consultations held with the social partners in this respect.

Article 14(1). Social security. The Committee notes with interest the promulgation of Supreme Decree No. 4589 of 28 September 2021, which regulates the affiliation of waged domestic workers to the National Health Fund. The Government indicates that this Decree was drawn up in consensus with FENATRAHOB and that it also enables waged domestic workers to receive short-term social security protection. The Government indicates that in 2022 it was planned to hold ten workshops, in collaboration with the National Health Fund and FENATRAHOB, to publicize Supreme Decree No. 4589. However, the Committee notes that, according to information from the National Health Fund provided by the Government, as at 5 August 2022 only 143 domestic workers were affiliated to the short-term social security scheme. In this regard, the Government recognizes the need to continue taking steps, in collaboration with the trade unions, to promote access to social security for waged domestic workers.

The Committee notes that CONLACTRAHO reports in its observations that less than 10 per cent of waged domestic workers have a registered employment contract enabling them to enjoy certain rights, including social security protection. CONLACTRAHO states that the above-mentioned regulations establish as a condition for the affiliation of workers to the National Health Fund that they receive a wage equal to or higher than the minimum wage. In this regard, the union indicates that the workers interviewed pointed out that most domestic workers earn less than the minimum wage and are therefore not covered by social security. Another problematic aspect of implementation, according to CONLACTRAHO, is the absence of institutional strategies for incentives and awareness-raising directed at employers to encourage registration, which places domestic workers in a situation of greater vulnerability since many are unwilling to demand affiliation to the National Health Fund for fear of being dismissed. While observing that the effective extension of social security to all waged domestic workers faces even greater difficulties than extension to other categories of workers, the Committee requests the Government to provide information on the specific strategies and measures implemented to facilitate the extension of social protection in general and to waged domestic workers in particular, and to promote the transition to formality for persons in the informal economy. The Committee requests the Government to continue providing statistical information on the number of waged domestic workers affiliated to the scheme described above.

Article 15. Private employment agencies. The Committee recalls that since 2017 it has been asking the Government to take the necessary steps, in collaboration with the social partners, to adopt the regulations on the operation of, and requirements for, private employment agencies for the purpose of preventing the trafficking and smuggling of persons and related crimes. The Committee notes that the Government reports the adoption of the regulations for the registration and operation of private employment agencies pursuant to Ministerial Resolution No. 1321/18 of 4 December 2018, as amended by Ministerial Resolution No. 108/19 of 1 February 2019. The Government indicates that in 2019 a total of 15 applications for the registration of private employment agencies were received, but registration was granted in only four cases on the basis of the established requirements being met. Lastly, the Government states that it is planned to amend the above-mentioned regulations. The Committee notes that CONLACTRAHO alleges that, despite the existence of the regulations, the waged domestic workers interviewed reported abuses by private employment agencies, including: (i) the drawing up of employment contracts that do not meet the requirements established by the Ministry of Labour; (ii) the deduction of 50 per cent of the domestic worker’s wage for the first month of work; (iii) the lack of monitoring of how waged domestic workers are treated by their employers; and (iv) the recruitment of women to work in other countries, despite this being prohibited by Bolivian regulations. The Committee requests the Government to provide a detailed reply to the observations of CONLACTRAHO. The Committee also requests the Government to provide information on: (i) the status of the amendment of the regulations on the operation of, and requirements for, employment agencies, and to send a copy of them once they have been adopted; (ii) the consultations held with the social partners regarding the above-mentioned amendment; and (iii) the number of complaints lodged for suspected abuses and fraudulent practices linked to the activities of private employment agencies relating to waged domestic workers, the offences identified and the penalties imposed.

Articles 16 and 17(1). Effective access to courts, tribunals or other dispute resolution mechanisms. Complaint mechanisms. The Committee notes the Government’s indication that waged domestic workers can lodge complaints and make enquiries about their rights through the departmental offices of the Ministry of Labour and through temporary and established mobile offices. The Ministry of Labour is also looking into the use of mobile technology for filing complaints relating to possible violations of waged domestic workers’ rights. However, the Committee notes that CONLACTRAHO, in its observations, highlights the existence of obstacles to effective access to the justice system for waged domestic workers, such as the slowness of proceedings, bureaucracy, and also the lack of responses and of free legal advice. With regard to the number of complaints lodged by waged domestic workers with the various competent authorities, the Committee in its previous comments noted the Government’s indication that it does not have this information, stating that, on the basis of the principle of equality, the sector in which the victim works is not identified. In this regard, the Committee pointed out that the gathering of information on the complaints lodged by waged domestic workers, and the compilation of statistical information on waged domestic work, do not constitute discriminatory acts against them. The Committee also emphasized the importance of reliable, sufficiently disaggregated data as a firm foundation for evaluating compliance with obligations under the Convention. The Committee requests the Government to continue providing information on the nature and impact of the measures taken to ensure in practice effective access to the justice system for waged domestic workers, including measures taken to tackle the obstacles identified by CONLACTRAHO in its observations. The Committee also once again requests the Government to provide information on the number of: (i) complaints lodged by waged domestic workers with the various competent authorities, the penalties imposed on the persons responsible, and the compensation awarded; and (ii) complaints lodged by waged domestic workers with labour inspectors and the outcome thereof. The Committee also requests the Government to provide a detailed reply to the observations of CONLACTRAHO.

Article 17(2) and (3). Labour inspection and penalties.Access to household premises. The Committee notes the Government’s indication that an amendment of the inspection regulations is envisaged in order to safeguard the rights of waged domestic workers more effectively. An intensive campaign is also planned to publicize the new regulations and related tools so that both employers and workers are aware of them. The Committee recalls that Article 17(2) of the Convention requires the development and implementation of measures for labour inspection, enforcement and penalties with due regard for the special characteristics of domestic work, in accordance with national laws and regulations. The Committee requests the Government to send a copy of the inspection regulations, once the above-mentioned amendments have been adopted, and to continue providing information on the nature and impact of the specific measures taken regarding labour inspection in relation to waged domestic work.