Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Bolivia (Plurinational State of) (Ratification: 1996)

Articles 1–4 of the Convention. National policy on vocational rehabilitation and employment for persons with disabilities. The Committee notes with interest Act No. 977 on Labour Market Integration and Economic Assistance for Persons with Disabilities, promulgated on 26 September 2017, and its Regulations, promulgated by Supreme Decree No. 3437 of 20 December 2017. The Committee notes that section 2 of the Act establishes an employment quota for persons with disabilities (or for members of their families or guardians in the case of minors or persons with severe disabilities) of 4 per cent in the public sector and 2 per cent in the private sector, and provides that the State shall guarantee employment security of persons with disabilities in the public and private sectors, provided that they comply with the legislation in force and that there are no grounds justifying their dismissal. The Government indicates that it is working on the implementation of these provisions of Act No. 977. The Government adds that the Ministry of Labour, Employment and Social Welfare (MTEPS) issued Communication No. 018/22 and Instruction No. 047/22 of the Directorate-General of Labour and Occupational Safety and Health (DGTHSO) to promote the labour market integration of persons with disabilities. The Government further indicates that awareness-raising activities are being organized in the various cities in the country. The Committee notes that in 2024 the Office of the Ombudsman of Bolivia carried out a monitoring exercise which revealed limited compliance with obligations relating to the labour market integration of persons with disabilities. The results of the monitoring indicate that, of 369 public entities, 331 (that is, 91 per cent) do not comply with this legal obligation, and that in the case of private sector enterprises or workplaces, of 1,141 establishments, 1,090 (that is, 96 per cent) do not comply with the obligation. In its previous comments, the Committee requested the Government to provide information on the application of the Persons with Disabilities (General) Act (Act No. 223), promulgated on 2 March 2012, and its impact on the integration of persons with disabilities in the open labour market. The Committee notes that the Government has not responded to this request. The Committee also requested the Government to provide information on the work of the National Solidarity and Equity Fund and on the results of the special positive measures taken to ensure effective equality of opportunity and treatment between persons with disabilities and other workers (Article 4). The Committee notes that the Government has not responded to that request either.

The Committee notes with concern the results of the monitoring exercise by the Office of the Ombudsman (2024), according to which 91 per cent of public entities and 96 per cent of private establishments do not comply with the legal employment quota for persons with disabilities. The Committee urges the Government to take immediate and decisive measures to ensure the application of Act No. 977. The Committee also requests the Government to provide specific information on: (i) the enforcement measures (penalties) and specific incentives applied to enterprises and public entities that do not comply and those that comply with the quotas, respectively; (ii) the content of the information provided to employers regarding the availability and qualifications of job applicants with disabilities (as requested by the National Chamber of Industry in its observations) and the reasonable accommodation required; and (iii) the application of General Act No. 223 and the activities of the National Solidarity and Equity Fund (reiterated request), in relation to the promotion of employment and equality of opportunity and treatment (Article 4).

Article 5. Consultations with employers’ and workers’ organizations. Consultations with organizations of and for persons with disabilities. The Committee regrets that the Government has not provided specific information on the consultations held with the social partners and with representative organizations of persons with disabilities. The Committee recalls that consultation with these three actors is a fundamental obligation for the formulation and effective implementation of the national policy. The Committee reiterates its request to the Government to provide detailed information on: (i) the objective and transparent criteria used to determine the representativeness of the organizations of persons with disabilities consulted; (ii) the content and specific results of the consultations held with organizations of persons with disabilities and the social partners on employment policy and the enforcement measures for the employment quota; and (iii) the frequency with which the competent body meets to examine the application of Act No. 977.

Articles 7 and 8. Vocational training and employment placement services. The Government indicates that the MTEPS is working on an inclusive and comprehensive policy that encompasses, not only labour market integration, but also a series of measures, such as training, employment placement and entrepreneurship and/or self-employment, in accordance with Acts Nos 223 and 977, and that coordination, follow-up and monitoring measures are being taken for the labour market integration of persons with disabilities in the public and private sectors. The Committee notes that the Government has not provided detailed information on the results of these measures. The Government indicates that section 2.III of Act No. 977 establishes that, in cases where employment placement services are required for persons with disabilities or members of their families or representatives, they shall be provided exclusively by the MTEPS, through the Labour Exchange of the Public Employment Service. The Government adds that there must be a request from the public sector or private enterprise to carry out employment placement and that the Labour Exchange can send the vocational profiles of potential candidates. The Committee notes that the Employment Support Programme II, implemented by the MTEPS, benefited a total of 625 persons with disabilities throughout the country during the 2018–22 period. The Committee notes that the Government has not provided information on vocational guidance and training, placement, employment and other services provided for persons with disabilities living in rural areas and remote communities.

The Committee requests the Government to explain how the exclusive employment placement service of the MTEPS (through the Labour Exchange) ensures sufficient coverage and effectiveness to meet the needs of jobseekers with disabilities, particularly in light of the low compliance rates with employment quotas noted above. The Committee further requests the Government to provide statistical data on the current unemployment rates of persons with disabilities.

The Committee also reiterates its request for the Government to provide detailed information on: (i) the vocational guidance and training, placement, employment and other services provided for persons with disabilities living in rural areas and remote communities, indicating whether the Government is implementing or considering community-based rehabilitation strategies to complement urban services; (ii) the results of the vocational skills and training provided, and whether measures are taken to ensure the accessibility of training centres and curricula (for example, through physical adaptations and the use of accessible materials and technologies); and (iii) statistical information on the number of persons registered for and benefiting from placement and training services, disaggregated by sex, age and type of disability.