Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) of 30 August 2013, referring to a confrontation between the police and trade union demonstrators, which resulted in seven persons being wounded and 37 arrested and prosecuted, and requested the Government to provide information on the investigations and judicial procedures conducted. In the absence of a reply in this respect, the Committee reiterates its previous request.

Articles 2, 3 and 4 of the Convention. Legislative issues. The Committee recalls that, for many years, it has been requesting the Government to bring certain legislative texts into conformity with the Convention.

• -With regard to the possibility of dissolving trade union organizations by administrative authority, the Committee notes the Government’s indication that, while section 129 of Regulatory Decree No. 224 (of 23 August 1943) of the General Labour Act establishes the grounds for and forms of the dissolution of trade union organizations by the Executive Branch, it has not been applicable since the ratification of the Convention, as Article 4 of the Convention takes precedence over the Decree. In this respect, the Committee recalls the need to ensure the conformity of the legislative provisions with the Convention, even when they are in abeyance or are no longer applied in practice.
• -With regard to the prohibition on general strikes and sympathy strikes, and the imposition of penalties on the instigators or promotors of illegal strikes, the Committee notes that, in its previous comments, it noted the repeal of section 234 of the Penal Code, which criminalized the promotion of any lock-out, protest or strike declared to be illegal by the labour authorities, and requested the Government to indicate whether the reform of the Penal Code had led to the repeal of sections 1 and 2 of Legislative Decree No. 2565 (of June 1951), prohibiting and criminalizing illegal strikes. The Committee notes the Government’s reply indicating that this Legislative Decree has not been expressly repealed and once again recalls the need to repeal these provisions.

The Committee also notes that the Government has not provided information in relation to the other legislative matters that it has been commenting on for many years:

• -the exclusion of agricultural workers from the scope of the General Labour Act of 1942 (section 1 of the General Labour Act, and its Regulatory Decree No. 224 of 23 August 1943), which implies their exclusion from the guarantees afforded by the Convention;
• -the denial of the right to organize of public servants (section 104 of the General Labour Act);
• -the excessive requirement of 50 per cent of the workers in an enterprise to establish a trade union, in the case of an industrial union (section 103 of the General Labour Act);
• -the broad powers of supervision conferred upon the labour inspectorate over trade union activities (section 101 of the General Labour Act, which provides that labour inspectors shall attend the deliberations of trade unions and monitor their activities); in this regard, the Committee previously noted the Government’s indications that the conduct of labour inspectors must be in line with article 51 of the Political Constitution of the State of 2009, that is with deep-rooted respect for the principles of trade union unity, trade union democracy and the ideological and organizational independence that shall be enjoyed by all trade unions;
• -the requirement of a three-quarters majority of the workers to call a strike (section 114 of the General Labour Act and section 159 of the Regulatory Decree); the illegality of strikes in the banking sector (section 1(c) of Supreme Decree No. 1958 of 1950); and the possibility of imposing compulsory arbitration by decision of the executive authorities to bring an end to a strike, including in services other than those that are essential in the strict sense of the term (section 113 of the General Labour Act); and
• -the requirement that trade union officers must be of Bolivian nationality, literate, over 21 years of age (sections 5 and 7 of Legislative Decree No. 2565 and section 138 of Regulatory Decree No. 224 of 23 August 1943), and be a permanent employee of the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565), and the power of the authorities, in certain circumstances, to disregard ex officio the appointment of union leaders and to order the restructuring of the boards of unions or federations, which are incompatible with the right of workers’ organizations to freely elect their representatives.

Recalling that the above provisions are incompatible with the right of workers, without distinction whatsoever, to establish and join organizations, and for those organizations to organize their activities, formulate their programmes and elect their representatives in full freedom, the Committee hopes that the Government will adopt the necessary measures to amend or repeal these provisions with a view to ensuring conformity with the Convention. The Committee requests the Government to keep it informed in this regard.

The Committee recalls that, in its 2016 comments, the Government indicated that work was being carried out together with the Bolivarian Workers’ Confederation on the drafting of a new Labour Code and a preliminary draft of new legislation governing public servants. The Committee notes the Government’s indications that it will continue to work towards the adoption of this legislation. Regretting the absence of progress in this respect, the Committee expresses the firm hope that the new legislation governing public servants and the new Labour Code will be adopted in the very near future and that, taking into account the Committee’s comments, they will be in full conformity with the provisions of the Convention. The Committee requests the Government to report any developments in this respect and recalls once again that, if it so wishes, it may have recourse to ILO technical assistance.