Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bolivia (Plurinational State of) (Ratification: 1990)

Article 1(d) of the Convention. Punishment for having participated in strikes. In its previous comments, the Committee requested the Government to take the necessary measures to amend or repeal sections 2, 9 and 10 of Legislative Decree No. 2565 of 6 June 1951 and section 234 of the Criminal Code under which prison sentences could be imposed for participation in strikes. The Committee notes with interest that section 234 of the Criminal Code has been repealed through Act No. 316 of 11 December 2012 on the decriminalization of the right to strike and the protection of the right to organize relating to criminal matters.

The Committee notes however that Act No. 316 has not repealed sections 2, 9 and 10 of Legislative Decree No. 2565 of 6 June 1951 establishing criminal sentences for participation in general strikes and acts of solidarity. It recalls that compelling a person to work, including in the form of prison labour, for peacefully participating in a strike is prohibited under the Convention. Accordingly, prison sentences, when they involve compulsory labour, as is the case in the Plurinational State of Bolivia under the terms of section 48 of the Criminal Code and sections 181 et seq. of Act No. 2298 of 2001, lie within the scope of the Convention when they are imposed for a participation in a strike. Noting the Government’s previous indication that the provisions of sections 2, 9 and 10 of Legislative Decree No. 2565 of 6 June 1951 are not applied in practice, the Committee trusts that the Government will continue to align its legislation with the Convention and accordingly requests it to take the necessary measures to amend or repeal the above provisions.

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