Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bolivia (Plurinational State of) (Ratification: 1965)

The Committee observes that the Government’s report has not been received. It notes the comments of 28 August 2007 by the International Trade Union Confederation (ITUC), which refer to matters already raised by the Committee.

For many years, in its comments on the application of the Convention the Committee has referred to:

–           the exclusion of agricultural workers from the scope of the General Labour Act of 1942 and hence from the guarantees afforded by the Convention (section 1 of the General Labour Act of 1942 and Regulatory Decree No. 224 of 23 August 1943 issued under the Act);

–           the denial of the right to organize of public servants (section 104 of the Act);

–           the requirement that 50 per cent of the workers in an enterprise must give their agreement in order to establish a trade union if the latter is industrial (section 103 of the Act);

–           the broad powers conferred upon the labour inspectorate to supervise trade union activities (section 101 of the Act);

–           the requirement that candidates for trade union office must be Bolivian (section 138 of the Regulatory Decree) and permanent employees in the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565 of June 1951);

–           the possibility of dissolving trade unions by administrative decision (section 129 of the Regulatory Decree);

–           restrictions on the right to strike: (i) majority of three-quarters of the workers in order to call a strike (section 114 of the Act and section 159 of the Regulatory Decree); (ii) the unlawfulness of general and sympathy strikes, subject to penal sanctions (sections 1 and 2 of Legislative Decree No. 2565); (iii) the unlawfulness of strikes in the banking sector (section 1(c) of Supreme Decree No. 1959 of 1950); (iv) the possibility of imposing compulsory arbitration by decision of the Executive in order to end a strike, including in services other than those that are essential in the strict sense of the term (section 113 of the Act).

The Committee draws attention to the gravity of these breaches of the Convention which have persisted for many years, and notes with regret that, despite assistance from the Office in 2004, there has been no progress on the issues raised. It reminds the Government that it is important to take measures to ensure that the Convention is fully applied and requests it to send information in its next report on any developments in this respect.

[The Government is asked to reply in detail to the present comments in 2008.]