Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. In its previous direct request, the Committee referred to the draft of the "Basic Rules of the Personnel Administration System for the Bolivian Public Sector", noting that the non-discrimination provision contained in the draft mentioned only the grounds of race, religion and political opinion. The Committee requested that the Government consider the possibility of including colour, sex, national extraction and social origin, the other grounds of non-discrimination set forth in the Convention.

The Committee notes that, according to the information contained in the Government's report, the "Basic Rules of the Personnel Administration System for the Public Sector" were approved by Executive Resolution No. 217064 of 23 May 1997. The Committee observes that section 2(d) of the above-referenced Rules establishes that the personnel administration system is based upon, inter alia, the principle of non-discrimination. Section 2(d) provides for "equal access to employment and career development in the public sector, without distinction on the basis of race, sex, political affiliation, or religious beliefs". The Committee notes with interest that the ground of sex was added to the version of the Rules that was adopted, but it regrets that the other grounds, including colour, national extraction and social origin, are absent from the final version of the above-mentioned provision. The Committee makes reference to paragraph 58 of the 1988 ILO General Survey on equality in employment and occupation, which provides that, "where provisions are adopted in order to give effect to the principles contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a) of the Convention". The Committee also refers to article 6 of the Bolivian Constitution, which prohibits discrimination "on the grounds of race, sex, language, religion, political or other opinion, origin, economic or social status or any other". The Committee asks the Government to consider the possibility of amending section 2(d) of the "Basic Rules of the Personnel Administration System for the Public Sector" to include, at a minimum, all of the grounds of non-discrimination mentioned in the Convention.

2. The Committee noted the Report of the Human Rights Commission, Volume I, General Assembly, Official Documents, Fifty-second Session, Supplement No. 40 (A/52/40), in which the Human Rights Commission expressed its concern that "despite the constitutional guarantees of women's rights and the legislation intended to eradicate discrimination, women in Bolivia continue to be subjected to unequal treatment, due in part to the continued presence of traditional attitudes and the existence of certain antiquated laws that squarely contravene the provisions of the Pact". In previous comments, the Committee had made reference to section 3 of the General Labour Act, according to which the proportion of female staff may not exceed 45 per cent in businesses and establishments that, by their nature, do not require the use of a larger proportion of female labour. The Committee had noted that a draft Labour Act omitting the above provision was due to be submitted to the National Congress. The Committee notes that this draft Bill has not been adopted and that section 3 of the General Labour Act remains in effect.

The Committee asks the Government to provide information regarding the types of businesses or establishments that are not deemed to require female labour. The Government is also requested to indicate the measures taken or contemplated to ensure observance of the Convention, which provides for equality of opportunity and treatment between women and men with respect to access to all types of employment.