Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Bolivia (Plurinational State of)

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1973)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. Sexual harassment. The Committee notes the information provided by the Government in its report, according to which: (1) public servants from the 23 departmental and regional labour authorities received training on identifying situations of work-related violence, including sexual harassment; (2) a course on healthy work environments has been developed with human resources personnel from 15 private and public enterprises, resulting in the development of protocols on preventing sexual harassment for enterprises; (3) by June 2025, 24 workshops had been held with 1,903 workers, in which discussions were held and information provided on work-related sexual harassment; and (4) Ministerial Decision No. 196/2021 establishes a specific procedure to address complaints of sexual harassment against women in the workplace, in both the public and private sector. The Committee notes this information.

Articles 1 to 3. National policy on equality of opportunity and treatment. Race. The Committee notes the Government’s indication regarding the “Multisectoral Comprehensive Development Plan for Peaceable, Harmonious, Ethical and Environmentally Sustainable Living (Vivir Bien) – Against Racism and All Forms of Discrimination (PMDI) 2021–25”, which promotes inter-institutional actions aimed at eliminating discrimination and strengthening equality of opportunity, including specific targets for labour equity between women and men. The Committee observes, with regard to the Multisectoral Comprehensive Development Plan, that the United Nations Committee on the Elimination of Racial Discrimination expressed concern that “the Plan’s goals are largely based on actions and activities, without impact indicators to ensure substantive equality and the full enjoyment of human rights” (CERD/C/BOL/CO/21-24, 4 January 2024, para. 19). The Committee requests the Government to provide information on the impact of the Multisectoral Comprehensive Development Plan on the access to and retention in employment and occupation of persons belonging to indigenous peoples, and to other ethnic or racial groups.

Disability. The Committee notes that, according to the Government, the “Employment Assistance Programme II” achieved a labour market integration rate of 57 per cent, and that, in the context of the application of Act No. 977, the Ministry of Labour has launched national awareness-raising workshops, aimed at public and private employers, on the obligation to ensure the labour integration of persons with disabilities, and on the rights of carers of persons with disabilities. The Committee also notes the information provided on the progress made towards the development of an inclusive education model, in line with the Model for Inclusive Education and the Inclusive Education Curriculum Guidelines for the Plurinational Education System, adopted in 2023, indicating that over 47 per cent of students with mild or moderate disabilities are already integrated into the mainstream education system. The Committee notes this information.

Real or perceived HIV/AIDS status. The Committee notes the regulatory framework described by the Government, which guarantees non-discrimination, confidentiality and job stability for persons living with HIV/AIDS, and the measures adopted in coordination with the Ministry of Health and Sports. The Committee also notes the Government’s indication that: (1) the National Economic and Social Development Plan (PDES) 2021–2025 includes the promotion of better employment conditions and access to entrepreneurial opportunities for vulnerable populations, including persons living with HIV/AIDS; and (2) the Multisectoral Comprehensive Development Programme 2021–25 includes strategies for the labour integration of vulnerable persons, with a focus on respect for their labour rights. In this regard, the Government further reports on Ministerial Decision No. 635/2024, which approves the “Protocol for the Implementation of Act No. 1468 of 30 September 2022 – Act on the Procedure for the Restoration of Labour Rights”, which ensures job stability and the right to work for workers living with HIV/AIDS. The Committee notes this information.

Sex. National gender equality policy. The Committee notes the information provided by the Government in its report with regard to the Bill on equality of opportunity and treatment, and equal remuneration (PL-339/2023-2024), which seeks to guarantee equality of opportunity in access to employment and ensure fair and equitable pay for women, particularly in sectors such as construction, where they face discrimination. The Committee notes the statistical data provided by the Government, according to which, in 2023, the labour market participation rate was 74.3 per cent for men and 56.8 per cent for women. The Committee also notes that, according to the sectoral distribution of employment, women are mainly concentrated in the sectors of education (22 per cent), health (18 per cent) and commerce (30 per cent), while their participation in sectors traditionally dominated by men, such as construction, continues to be low (1 per cent). In the light of this information, the Committee trusts that the Government will adopt specific measures to combat discrimination in employment and occupation, in particular with regard to the occupational segregation identified, and requests it to provide information in this regard.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Objective job evaluation methods. The Government indicates that, pursuant to Supreme Decree No. 4401 of 2020, objective job evaluation processes have been initiated in both public institutions and private entities. Regarding clarification as to whether “qualifications” are taken into account as a factor for the comparison of work of the same value, and the way in which they are taken into account, the Committee notes the Government’s indication that, although the aforementioned Decree does not expressly include the term “qualifications”, this factor is implied through the notion of “skill”, and that the evaluations take into account the academic qualifications, vocational training, experience and competencies required for each post. The Committee also notes that methodological guidelines are being developed to enable the comparison of jobs that are carried out in different conditions but are of equal value, and that a bill on equality of opportunity and treatment and equal remuneration for men and women workers (PL-339/2023-2024), which seeks to establish a regulatory framework governing this type of comparison and strengthens the principle of equal pay, is currently being discussed in Parliament. The Committee welcomes the information provided and requests the Government to provide specific examples of the objective job evaluations conducted, and information on the progress achieved regarding the aforementioned initiatives that seek to enable the comparison of jobs that are carried out in different conditions but are of equal value.

Conventions Nos 100 and 111 – Application in practice

Application in practice. The Committee notes the information provided by the Government on: (1) the actions undertaken by the Racism and Discrimination Section of the Fundamental Rights Unit, including the implementation of integrated mobile offices in remote parts of the country to facilitate access for workers to mechanisms for the restitution of labour rights; and (2) Plurinational Constitutional Ruling No. 1095/2014, which recognizes ILO Convention No. 100 as forming part of the constitutional bloc, with binding legal force. The Committee welcomes the Government’s efforts and requests it to provide information on cases of discrimination detected by the Racism and Discrimination Section of the Fundamental Rights Unit, including the restitution measures granted and the penalties imposed.