National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
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).
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.