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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bolivia (Plurinational State of) (RATIFICATION: 1977)

Other comments on C111

Observation

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Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the Government’s reference in its report to: (1) Act No. 1173 of 2019, which, inter alia, establishes special protection measures and measures to shorten criminal proceedings for strengthening the protection, prevention, investigation and penalty measures provided for in the “Comprehensive Act for guaranteeing a life free of violence for women (No. 348 of 2013)”; (2) Supreme Decree No. 4399 of 2020, which reinforces prevention mechanisms and mechanisms for the care and protection of women in situations of violence; (3) Ministerial Decision 196/21 of 2021 regulates the procedure for handling complaints regarding employment-related and sexual harassment of women in the workplace and adopting protection measures. The Government also reports the setting up of various institutions for following up cases and complaints of gender-based violence and femicide. The Government also provides information on the formulation of educational policies for the elimination of violence in the context of the declaration of 2022 as the “Year of cultural revolution for eliminating patriarchal attitudes: For a life free of violence against women”, and also refers to the implementation of training for the Bolivian police on gender-based violence and campaigns to reinforce the free complaints hotline. According to the statistics provided by the Government, 315 complaints of employment-related harassment were made in 2021 (resulting in 143 injunctions to cease employment-related harassment) and 118 complaints were made in 2022 (resulting in 61 such injunctions). The Committee requests the Government to provide information on: (i) the number and content of actions undertaken to provide information and raise awareness of sexual harassment; (ii) the number of employment-related complaints which refer to sexual harassment; and (iii) whether specific challenges have been identified, through the various committees established or other methods, regarding the resolution of cases of sexual harassment in employment and occupation (such as, for example, difficulties in gathering evidence or adopting preventive protection measures).

Articles 2 and 3. National gender equality policy. The Committee notes that the Government reports the adoption of: (1) Supreme Decree No. 4401 of 2020, which promotes measures for equal opportunities in access to employment, remuneration and equal treatment for men and women; (2) Supreme Decree No. 4779 of 2022, implementing the seal entitled “Enterprise committed to a life free of violence against women in the Plurinational State of Bolivia”, with the objective of creating hiring conditions with equal opportunities; and (3) Supreme Decree No. 3774 of 2019, establishing the Plurinational Service for Women and Anti-Patriarchal Action to follow up on corresponding legislation and policies. The Government also indicates that: (1) through the “Employment support programme II (PAE II)”, financial support was given for the training of women working in non-traditional areas (benefiting 104 women from 2018 to mid-2022) and financial support for PAE II participants with children under 5 years of age; (2) training and awareness-raising on discrimination was conducted in the judges’ academy, trade union schools and other public and private institutions; (3) a framework cooperation agreement was adopted between ministries to formulate school policies and curricula to raise awareness of discrimination; and (4) a total of 65 bursaries were granted to women for postgraduate studies in the scientific, technological and health fields through Supreme Decrees Nos 3178 and 3429 of 2017. The Committee also notes that the “Multisectoral comprehensive development plan for good living: Against racism and all forms of discrimination (PMDI) 2021–25” and the “Economic and social development plan (PDES) 2021–25” seek to achieve equal treatment in employment, equal opportunities for men and women, and greater participation of women in work activity. The Committee requests the Government to provide information on any measures still being adopted to promote access for women to the labour market and, in particular, to occupations and jobs in which they tend to be underrepresented. In order to be able to assess the impact of such measures, the Committee also requests the Government to provide statistical information on the participation of women and men in the labour market, disaggregated by sex, economic sector and occupation. The Committee also requests the Government to provide information on any follow-up and evaluation carried out, through the Plurinational Service for Women and Anti-Patriarchal Action or other competent bodies, with a view to revising and adjusting the measures and strategies adopted.

National equality policy with respect to race. The Government provides information on the procedure for the filing of complaints involving racism and discrimination to the National Committee against Racism and All Forms of Discrimination (CNCRD) and indicates that, once received, complaints can be dealt with through administrative channels (with disciplinary sanctions) or through ordinary channels. The Government indicates that 98 complaints were received in 2021 (with 95 per cent of cases being dealt with through administrative channels) and 15 to 20 complaints per month on average up to April 2022, most involving the education sector or the police. Regarding access to education and vocational training, the Government indicates that: (1) the “social solidarity bursary for university study” is intended, inter alia, for students belonging to indigenous or campesino (peasant-farming) nations or peoples, or intercultural or Afro-Bolivian communities (NPIOCIA), with 717 bursaries granted in 2020 and 1,000 bursaries in 2021; (2) the entry of NPIOCIA members to teacher training colleges and their administrative units is promoted. However, the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at: working conditions in the informal economy for the indigenous population, asylum seekers, refugees and migrants; the low completion rate in secondary education for students from rural, indigenous and Afro-Bolivian backgrounds; and the insufficient implementation of intercultural educational curricula for certain indigenous and campesino nations and peoples (E/C.12/BOL/CO/3, 5 November 2021, paragraphs 30, 58 and 62). In order to be able to evaluate the results of the measures adopted, the Committee requests the Government to provide information, including statistical information, on access for men and women to opportunities for training and participation in the labour market according to race, membership of an indigenous people, and migration and residence status in a rural area.

Workers with disabilities. The Government indicates that: (1) measures were adopted through PAE II to integrate women with disabilities in the public and private sectors; (2) the employment exchange supports job placement to fulfil employment quotas for persons with disabilities; (3) compliance with minimum employment quotas (2 and 4 per cent) is monitored on a monthly basis; (4) an "inclusive seal" was established for private and public institutions that meet the job placement requirements of Act No. 977 of 2017; and (5) awareness-raising on the entry into the job market of persons with disabilities was carried out and a new approach to employment based on self-employment, training and placement is being implemented. The Committee notes the Government’s statistical information indicating that: (1) thanks to the PAE, 15 persons with disabilities were able to enter employment between 2021 and 2022; (2) a total of 241 persons with disabilities benefited from PAE I (2012–17) and 509 from PAE II (2018–22); and (3) in 2021, a total of 19,408 students with some type of disability were enrolled in special education. While welcoming the Government’s efforts, the Committee requests the Government to provide information on: (i) any measures taken to evaluate the results of the “employment support programmes” and, in particular, to identify the reasons why a large proportion of the persons with disabilities who have benefited from them do not appear to have ultimately gained entry to the world of work; and (ii) access for persons with disabilities to inclusive (not special) education programmes.

Real or perceived HIV status. The Committee observes that: (1) the Government indicates that, following the “HIV/AIDS strategic national response plan 2019–20”, the outline of the 2021–25 plan will be issued in accordance with the National Development Plan; and (2) PMDI 2021–25 provides for the promotion of better conditions of employment and access to entrepreneurship opportunities for vulnerable population groups, including persons living with HIV/AIDS. The Committee requests the Government to provide information on any measures taken, including through the “HIV/AIDS strategic national response plan 2019–20”, to prevent and eliminate stigma and discrimination based on real or perceived HIV status in employment and occupation.

Enforcement. The Committee notes the Government’s information on: (1) administrative, constitutional and criminal proceedings applicable to cases of discrimination and racism; (2) the competence of the CNCRD to receive complaints and its adoption of a number of protocols and procedures for the reception, processing and sanctioning of cases of discrimination and racism; (3) statistics according to which the Ombuds Office received 206 cases of discrimination between 2019 and 2022, and according to which 98 inspections were carried out in 2021, focusing on the social and labour rights of women in rural regions; and (4) the adoption of programmes for temporary and fully equipped mobile offices for the timely handling of labour-related complaints. The Government also indicates that: (1) it is necessary to continue promoting, implementing and publicizing labour-related regulations, and coordinating with social organizations to provide consensual solutions; and (2) measures have been adopted through the CNCRD to empower women in exercising their rights and filing complaints, including through awareness-raising workshops. The Committee notes that the CESCR expressed concern at the fact that the CNCRD lacks sufficient staff and an adequate budget, which restricts its activity (E/C.12/BOL/CO/3, paragraph 18). The Committee requests the Government to continue providing information on any measures taken to facilitate access to enforcement mechanisms in cases of discrimination in employment and occupation and to ensure that these have sufficient resources to perform their activities. The Committee also requests the Government to provide information on the awareness-raising measures adopted to increase public awareness of the above-mentioned mechanisms.