Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Bolivia (Estado Plurinacional de) (Ratificación : 1977)

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Legislation. National Constitution. In its previous comments, the Committee noted the adoption of the new National Constitution, of February 2009, which stipulates that the State’s basic aims and functions are to establish a fair and harmonious society, without discrimination, with full social justice, with a view to consolidating plurinational identities while ensuring equal conditions between men and women. The Committee also notes that on 8 October 2010, Act No. 45 against racism and any form of discrimination was adopted, the objective of which is to establish mechanisms and procedures to prevent and punish racist behaviour and any form of discrimination through the establishment of public policies to provide protection against, and prevent, racist crimes and any form of discrimination. The Act applies to both the public and private sectors and to all Bolivian citizens and naturalized persons, as well as those living on the national territory. The Committee also notes that similar to the definition contained in the National Constitution, section 5(a) of the Act defines discrimination as all forms of discrimination, exclusion, restriction or preference based on a series of grounds; these include those listed in Article 1(1)(a) of the Convention, as well as additional grounds as foreseen in Article 1(1)(b): sex, colour, age, sexual orientation or gender identity, origin, culture, nationality, citizenship, language, religious belief, ideology, political or philosophical convictions, civil status, economic, social or health situation, profession, occupation or trade, level of education, different abilities and/or physical, mental or sensory disabilities, pregnancy, background, physical appearance, clothing, name or any other criteria that could nullify or impair the equal recognition of human rights and fundamental freedoms enshrined in the National Constitution and international law. Section 5(a) also stipulates that affirmative action measures shall not be considered discrimination. Section 5(b) establishes similar protection in the case of racial discrimination, considered to be any distinction, exclusion or preference based on grounds of race, colour, descent, or national or ethnic origin. Similarly, section 5(e) defines gender equality as being the recognition and valuing of the physical and biological differences of men and women, with a view to achieving social justice and equal opportunities, which guarantees that persons benefit fully from their rights irrespective of their gender in all areas of social, economic, political, cultural and family life. The Committee also notes Supreme Decree No. 0213 of July 2009, which establishes the mechanisms and procedures ensuring the right of every person not to be discriminated against in any selection and recruitment procedures in the public and private sectors. The Committee requests the Government to provide specific information on the implementation in practice of the National Constitution, of Act No. 45 against racism and any form of discrimination and Supreme Decree No. 213. The Government is also asked, in particular, to indicate the particular problems and difficulties of application that have been encountered in practice, and the way in which it is envisaged to deal with these. It is also asked to provide information on complaints submitted to the administrative or judicial authorities that might have been lodged in this respect. The Committee asks the Government to provide information on the status of the preliminary draft General Labour Act and firmly hopes that this Act will be in full conformity with the provisions of the Convention.

The Committee is raising other points in a request addressed directly to the Government.