Interim Report - Report No 178, June 1978

Case No 814 (Bolivia (Plurinational State of)) - Complaint date: 25-MAY-12 - Closed

COMPLAINT CONCERNING THE OBSERVANCE BY BOLIVIA OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), MADE BY A NUMBER OF DELEGATES TO THE 60th (1975) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO

• COMPLAINT CONCERNING THE OBSERVANCE BY BOLIVIA OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), MADE BY A NUMBER OF DELEGATES TO THE 60th (1975) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO
  5. 5 After examining Case No. 685 on several occasions, the Committee dealt with Cases Nos. 685, 781, 806 and 814 together in its 154th, 162nd, 166th, 169th and 173rd reports which were devoted to outstanding complaints concerning Bolivia. The Governing Body approved these reports at its 198th (November 1975), 201st (November 1976), 202nd (March 1977), 203rd (May-June 1977) and 204th (November 1977) Sessions, respectively. The complaints relate to the general trade union situation in the country and the Committee has decided to combine all the allegations under Case No. 814.
  6. 6 In addition, at the 60th Session of the International Labour Conference (1975), a number of Workers' delegates filed a complaint under article 26 of the Constitution of the ILO concerning the observance by Bolivia of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). This complaint dealt with various questions raised in the allegations examined by the Committee and with certain aspects of trade union legislation. At its 203rd (May-June 1977) Session, the Governing Body, on the recommendation of the Committee, decided to suspend its decision on the desirability of setting up a Commission of inquiry in connection with this complaint.
  7. 7 Bolivia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
  8. 8 Since the Committee last examined this case, the Government has supplied information in a letter dated 27 January 1978

A. Previous examination of the case by the Committee

1. 9. It should be borne in mind that complaints have been coming before the Committee in connection with this case since October 1971. In the years immediately following the change of regime in August 1971, the Committee was called upon to examine allegations relating to the closing down by order of the Government of the Bolivian Central of Workers (COB), the Bolivian Miners' Trade Union Federation (FSTMB) and the La Paz Central of Workers, the takeover of the Bolivian National Urban Schoolteachers' Federation, and the arrest or banishment of trade unionists. In more recent years, the allegations have been concerned more particularly with the decrees adopted in November 1974 involving major restrictions on trade union rights in all branches of the economy and with the trade union situation in the mining industry. Two direct contacts missions have been carried out in Bolivia - from 25 March to 8 April 1976 and from 17-24 July 1976 - by a representative of the Director-General.
2. 10. More specifically, the allegations relating to the legislation adopted in 1974 were concerned mainly with Legislative Decree No. 11947 (establishing the Basic Statutes of the Government), Presidential Decree No. 11952 (concerning labour coordinators and the freezing of trade union funds), and Legislative Decree No. 11948 (establishing the compulsory civil service), promulgated in November 1974. Legislative Decree No. 11947 provided, inter alia, that "pending the reorganisation of the executive Committees of employers' associations, trade unions, professional associations, craft unions, students' unions and university staff unions, in accordance with rules to be laid down in due course by the National Government, it is hereby ordered that the term of office of the officials of the aforementioned organisations and their respective federations and Confederations shall be at an end, and that strikes, stoppages, lock-outs and all other forms of suspension and paralysis of work shall be prohibited". The Government had replaced the trade union executives by labour coordinators which it appointed itself (pending the enactment of a Labour Code) in each centre of production and in each occupational sector. The main function of the labour co-ordinators was to represent the workers in submitting individual and collective claims. Acceptance of this office was compulsory, any person refusing to accept being liable to sanctions under the provisions of Legislative Decree No. 11948 establishing the compulsory civil service. Wages were frozen in January 1975, but in practice the Government tolerated collective bargaining on wages, provided that it took place without publicity. In addition, trade union meetings and finances were subjected to various restrictions.
3. 11. Furthermore, the complaint filed under article 26 of the Constitution of the ILO referred to observations made by the Committee of Experts on the Application of Conventions and Recommendations with respect to the application of Convention No. 87. Mention was made in particular of the comments of 1975 concerning the provisions in the General Labour Act dealing with trade unions.
4. 12. A special national Committee drafted a new Labour Code and rules of procedure, designed to replace in particular the General Labour Act. At the request of the Government, the Office sent its comments on this text, especially the provisions dealing with trade union rights. According to the Government, the National Drafting Committee had endeavoured to bring the guiding principles of its draft into line with the ILO's opinion in order to make the two documents concord as closely as possible. The Government stated that it had taken a number of steps pending the adoption of the new legislation. In particular, it cited the measures taken to facilitate the election of workers' local Committees and the holding of national assemblies in the various sectors of activity to enable them to analyse their specific problems and appoint co-ordinators. In addition, continued the Government, the new Act respecting labour procedure should enable the recognition of workers' rights to be speeded up and facilitate their action before labour jurisdictions.
5. 13. In a communication of 1 October 1977, the Government referred to a speech made on 16 July 1977 by the President of the Republic before the Supreme Court. He stated that the Government was preparing for Bolivia's return to a Constitutional regime. Since this would have to be preceded by what might be termed an institutionalisation phase, the people would be consulted with a view to introducing into the national Constitution amendments reflecting the new realities in the country and the prospects opening up as a result. Once these reforms had been approved by the people, continued the Head of State, Constitutional government would be restored. The Government added that the adoption and implementation of new trade union legislation were comprised in the measures to be adopted as part of the process leading up to the country's return to a Constitutional regime.
6. 14. In November 1977, the Committee had expressed its deep concern at the slowness of the progress toward the restoration of a normal trade union situation in the country; the legislation announced had still not been adopted and the restrictions on the exercise of trade union activities were still in force. On the recommendation of the Committee, the Governing Body had expressed its regret that, notwithstanding the time which had elapsed, the principles and standards of freedom of association freely subscribed by Bolivia were still not observed in the country and had appealed to the Government to re-establish as a matter of urgency, both in law and in practice, the conditions indispensable to the carrying on of normal trade union activities in Bolivia.
7. 15. As concerns the trade union situation in the mining industry, the Committee had examined in particular allegations concerning events which took place throughout this industry in June and July 1976. In November 1976, the Committee had reached various conclusions and, on its recommendation, the Governing Body had urged the Government to re-establish normal trade union conditions in the mining sector as soon as possible, to re-examine the list of persons dismissed and the re-opening of the miners' broadcasting stations and to reconsider, in particular, the situation of the workers' and miners' leaders who were still imprisoned or exiled. The Committee and the Governing Body had examined the action taken on these recommendations on several occasions. In particular, at its November 1977 Session the Governing Body, while noting with interest the release of a certain number of mineworkers, had urged the Government to continue its review of the situation of the other workers' and miners' leaders who were still under arrest or in exile. The Governing Body had also requested the Government to ensure the rapid return of the miners' radio stations to the workers.
8. 16. In broader terms, the Governing Body had suggested that the Government envisage the possibility of granting an amnesty to the other trade union leaders in exile.

B. New developments

1. 17. In a letter which the Committee received just before its November 1977 Session, the COB alleged that the Government was preventing workers who had been released from prison or had returned from exile from returning to work in the mines. Their names were in fact on black-lists which were discreetly circulated among the senior officials of the government institutions and state and private enterprises so that they should not be given any work. The COB also gave the names of several trade unionists and union leaders who had been arrested: Armando Morales, an official of the Miners' Federation, Flavio Villar, a union leader in the manufacturing industry, and Mario Carrasco, Arnés, Quispe, Tola and Alarcón, trade unionists.
2. 18. The representative of the Bolivian Government had made various statements regarding the development of the trade union situation to the November 1977 Session of the Governing Body. In a communication dated 27 January 1978, the Government clarified and amplified these statements with the following information:
   • - general elections are to be held in July 1978;
   • - a general amnesty was decreed on 17 January 1978; all persons under arrest for political reasons were released immediately and those in exile have been allowed to return to the country;
   • - consultations were held on the draft Labour Code with the employers' and workers' organisations, a procedure necessary for its adoption;
   • - Decree No. 15,267 of 24 January 1978 restores the right of association as from 27 January 1978;
   • - effective steps have been taken to ensure that the dismissed miners are reinstated in their jobs.
3. 19. Decree No. 15,267 mentioned above provides for the renewal of the executive Committees of the trade union organisations in accordance with the legislation currently in force and with their by-laws, within 30 days for first-degree unions, 60 days in the case of departmental federations and within 90 days in the case of national federations and Confederations. Matters of interpretation or procedure that may arise during this transitional period are to be resolved in each case by means of an agreement between the competent authorities and the representative of the existing trade union federation in accordance with the legislative provisions currently in force. Provisions contrary to the decree are repealed.

C. The Committee's conclusions

1. 20. The Committee notes with satisfaction the information communicated by the Government. It expresses the hope that the general amnesty and, in particular, the holding of trade union elections will permit the rapid restoration of trade union activities in the country. It also hopes that these measures will make it possible for all exiled trade unionists and union officials to return to the country and for all those who have lost their jobs, specifically in the mining sector, to be reinstated. Finally, the Committee trusts that the miners' radio stations will very soon be restored to the workers and to their organisations.
2. 21. The Committee has also taken note of the official text of a new version of the draft Labour Code, especially of the sections dealing with trade union rights. It has noted with interest that certain provisions have been redrafted in such a way as to take into account the comments made earlier by the Office. However, other provisions are not fully in conformity with the principles of freedom of association. The Committee requests the Committee of Experts on the Application of Conventions and Recommendations to examine this matter.

The Committee's recommendations

1. 22. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note with satisfaction that a general amnesty has been decreed, that trade union elections are to be held very soon and that steps have been taken to reinstate the dismissed miners in their jobs;
   • (b) to express the hope that these measures will make possible the rapid restoration of normal trade union activity in the country, including the return to Bolivia of all exiled trade unionists and the reinstatement of those who had lost their jobs;
   • (c) to express further the hope that the miners' radio stations will very soon be returned to the workers and to their organisations;
   • (d) to draw the Government's attention to the differences that continue to exist between the Conventions on freedom of association (ratified by Bolivia) and the provisions both of the General Labour Act and of the draft Labour Code;
   • (e) to request the Committee of Experts on the Application of Conventions and Recommendations to follow up the matter raised in the preceding subparagraph;
   • (f) to request the Government to communicate, by 1 May at the latest, information on the development of the trade union situation in the country, particularly in the mining sector;
   • (g) to take note of this interim report.
     • Geneva, 23 February 1978. (Signed) Roberto AGO, Chairman.