Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes with regret 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 previous direct request, which read as follows:

1. The Committee recalls that the draft revision of the General Labour Act prepared with technical assistance from the International Labour Office was completed at the end of 1990. It observes that after its circulation to the employers' and workers' organizations - although they have not commented on it - the present Government envisages the possibility (among others) of holding discussions with the employers and workers, with a view to possibly reaching a consensus on the drafting of specific changes to the present legislation. The Committee asks the Government to keep it informed on this subject.

2. The Committee notes the draft of August 1994 of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", a final version of which will be sent as soon as it has been adopted. The Committee notes that section B.2.02 "Standards", under subsection (d), states that discrimination of a political, racial or religious nature shall be avoided in selecting the person best suited to a given post, but it does not mention colour, sex, national extraction or social origin as set out in Article 1, paragraph 1(a), of the Convention. The Committee refers to paragraph 58 of its 1988 General Survey on equality in employment and occupation, and asks the Government to consider including these grounds before the adoption of the final version of the above Rules.

3. The Committee thanks the Government for having sent the draft document of the Ministry of Economy and Economic Development, of August 1994, which constitutes the Public Service Regulations pursuant to Act No. 1178 of 1990. The Committee observes that this document contains no specific provisions on the elimination of discrimination in the public sector or on the promotion of equality. Since the Committee has already noted the absence of provisions in the main Act (No. 1178 of 1990) and Presidential Decree No. 23326 of 1992 establishing the programme of careers in the public administration, it asks the Government to consider including in the final version of the above Rules, in section 123 for instance, a provision to cover this subject-matter in accordance with Article 3(d) of the Convention.

4. Under section 12(e) of Presidential Decree No. 23326 of 1992, a court sentence or other "impediments and incompatibilities specific to the public service" disqualify a person from being admitted to and remaining in the public service as a career civil servant. The Committee again asks the Government to state what the "impediments and incompatibilities" are, and to provide a copy of the Manual of Posts in the Public Administration, referred to in section 12(c) of the Presidential Decree.