Interim Report - Report No 217, June 1982

Case No 1128 (Bolivia (Plurinational State of)) - Complaint date: 13-APR-82 - Closed

623. The complaints regarding Case No. 1112 are contained in communications from the International Confederation of Free Trade Unions (ICFTU), the Bolivian Workers' Central (COB) and the World Confederation of Labour (WCL), dated respectively 12 and 24 February and 5 March 1982. The WCL sent additional information in communications dated 11 March and 6 April 1982. The complaints concerning Case No. 1128 are contained in a communication from the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) dated 13 April 1982 and in communications from the International Confederation of Free Trade Unions (ICFTU) and the World Federation of Trade Unions (WFTU) dated 14 February 1982. The Government replied in communications dated 30 March and 21 and 27 April 1982.

1. 623. The complaints regarding Case No. 1112 are contained in communications from the International Confederation of Free Trade Unions (ICFTU), the Bolivian Workers' Central (COB) and the World Confederation of Labour (WCL), dated respectively 12 and 24 February and 5 March 1982. The WCL sent additional information in communications dated 11 March and 6 April 1982. The complaints concerning Case No. 1128 are contained in a communication from the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) dated 13 April 1982 and in communications from the International Confederation of Free Trade Unions (ICFTU) and the World Federation of Trade Unions (WFTU) dated 14 February 1982. The Government replied in communications dated 30 March and 21 and 27 April 1982.
2. 624. Bolivia has ratified both the Freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87), and the Eight to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 625. The complainants - and notably the ICFTU in its communication dated 12 February 1982 - allege the detention and torture of the following union leaders: Manuel Mamani, Marcelo Zuñagua, Eusebio Chambi, Humberto Hervás, Edwin Pérez, Victor Blacutt, Juan Saavedra, Rolando Flores, Néstor Urquieta, Arturo Jiménez, Simón Rada, Victor Villarroel, Filemón Escobar (member of the Executive Committee of the COB and Secretary-General of the Confederation of Manufacturing Workers of Bolivia) and Luis López Altamirano.
2. 626. The communication forwarded by the COB on 25 February 1982 implies that the detention of the last two union leaders referred to was connected with the devaluation of the local currency by 76 per cant on 5 February 1982, which led to a 24-hour strike convened by the clandestine COB.
3. 627. In its communication dated 11 March 1982, the WCL sends a list of union leaders who have been arrested. These include Claudio Montaño, Omar Fernández, Oscar López, Faner Rojas, Eduardo Ruiz, Carlos Ortega Pantoja, Javier Ledezma, Benigno Flores Medina, Lucio Valda, Raúl Martinez Valda, Juan Carlos Romero, José Luis Lizeca, Juan Rodriguez Guagama, José Maria Gutiérrez, David Aguilera, Mario Cuéllar Quinteros, Fermin Flores, Antonio Aguirre Mamani, Francisco Mamani, Fernando Rivera, Percy Paz Méndez, Pené Cartagena, Efrain Feguez, Ronald Romero, Enrique Velásquez López and Zenón Barrientos. Finally, the complainants allege that on 10 April 1982 a COB leader, José Maria Palacios López, was arrested and his house ransacked by paramilitary groups.

B. The Government's reply

1. 628. The Government states that Manuel Mamani, Marcelo Zuñagua, Fusebio Chambi, Humberto Hervás, Edwin Pérez, Victor Blacutt„ Juan Saavedra, Rolando Flores, Néstor Urquieta, Arturo Jiménez, Simón Rada and Victor Villarroel were released after having been held in custody while their alleged participation in subversive acts was investigated.
2. 629. The Government adds that Filemón Escobar was remanded in custody because of his participation in subversive acts, as a result of which he opted for voluntary exile to Spain, and that Luis López Altamirano - who has recently been released - was arrested for common law offences and not trade union activities and has been brought for trial before a regular court of justice.
3. 630. The Government points out, however, that of the persons referred to only Manuel Mamani, Marcelo Zuñagua, Eusebio Chambi and Humberto Hervás are union leaders, a position which Luis López Altamirano and Filemón Escobar ceased to hold in July 1980 when the trade union executives were suspended by Supreme Decree No. 17531.
4. 631. Finally, the Government states that José Maria Palacios López has recently been released.

C. The Committee's conclusions

1. 632. The allegations refer to the detention and torture of union leaders and to the ransacking of the home of one of them by paramilitary forces.
2. 633. As regards the alleged detention of trade union leaders Manuel Mamani, Marcelo Zuñagua, Eusebio Chambi, Humberto Hervás, Edwin Pérez, Victor Blacutt, Juan Saavedra, Rolando Flores, Néstor Urquieta, Arturo Jiménez, Simón Rada and Victor Villarroel - only the first four of whom are recognised by the Government as being union leaders - the Committee notes that, although the Government states that the persons concerned were remanded in custody so that their alleged participation in subversive acts could be investigated, it has - like the complainants - failed to describe the specific grounds for their detention. In these circumstances, and bearing in mind that the persons concerned have now been released, the Committee can only recall that the preventive detention of union leaders and trade unionists involves a serious danger of infringement of trade union rights and may constitute a grave interference in trade union activities.,
3. 634. The Committee notes however that, according to the complainants, the persons concerned, together with Filemón Escobar and Luis López Altamirano, were tortured while being held in custody, an aspect of the case to which the Government does not refer. Consequently, the Committee, recalling the importance which it attaches to the fact that preventive detention should he accompanied by a set of safeguards and limitations to ensure that it cannot be used for purposes other than that for which it is designed and, in particular, to give protection against torture and ill-treatment, urges the Government to order an investigation as soon as possible to establish whether they were in fact tortured and, if so, to punish those responsible and take steps to ensure that such incidents do not recur.
4. 635. With regard to the alleged detention of union leaders Filemón Escobar and Luis López Altamirano, the Committee notes that, while the allegations suggest that these arrests were connected with the economic measures decreed by the Government which gave rise to a 24-hour strike convened by the clandestine COB, the Government states that Filemón Escobar and Luis López Altamirano ceased to be trade union leaders in July 1980, and that the former was remanded in custody for participating in subversive acts and the latter - since released pending trial - for common law offences. Because the complainants' version and the Government's reply are contradictory, the Committee is unable to reach definitive conclusions with regard to this allegation; it therefore requests the Government to indicate the specific grounds for the detention of Filemón Escobar and Luis López Altamirano, to keep it informed of developments in their trial and to send it the text of the judgement handed down in the case of Luis López Altamirano.
5. 636. The Committee further notes that Filemón Escobar has opted for voluntary exile to Spain. In this connection, the Committee does not exclude the possibility that his being remanded in custody for alleged participation in subversive acts may play or may have played a decisive role in Filemón Escorbar's decision. In these circumstances and since the information at its disposal is not sufficient for the Committee to determine whether or not the events which led to his preventive detention constitute an abuse of his trade union activities, the Committee wishes to recall the general principle that the forced exile of union leaders and trade unionists for activities connected with the exercise of trade union rights, in addition to being an infringement of human rights, is in violation of freedom of association in that it undermines trade union organisations which are thereby deprived of their leaders.
6. 637. Finally, while noting that the union leader, José Maria Palacios López has been released, the Committee observes that the Government has not answered the allegations concerning the ransacking of his home by paramilitary forces and the detention of 26 union leaders mentioned in the WCL's communication of 11 March 1982. Consequently, the Committee asks the Government to send its observations and to indicate in particular as regards the last allegation, whether the union leaders are still under arrest, the grounds for their detention and any charges against them.

The Committee's recommendations

1. 638. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) As regards the alleged detention of union leaders Manuel Mamani, Marcelo Zuñagua, Eusebio Chambi, Humberto Hervás, Edwin Pérez, Victor Blacutt, Juan Saavedra, Rolando Flores, Néstor Urquieta, Arturo Jiménez, Simón Rada and Victor Villarroel - only the first four of whom are recognised by the Government as being union leaders - the Committee, while noting that they have since been released, recalls that the preventive detention of union leaders and trade unionists involves a serious danger of infringement of trade union rights and may constitute a serious interference in union activities.
   • (b) As regards the alleged detention of union leaders Filemón Escobar and Luis López Altamirano - who, according to the Government, ceased to be union leaders in July 1980 - the Committee notes that Luis López Altamirano has been released pending trial. Because the complainants' version of the grounds for their detention and the Government's reply are contradictory, the Committee is unable to reach definitive conclusions on the subject; it therefore requests the Government to indicate the specific grounds for the detention of Filemón Escobar and Luis López Altamirano, to keep it informed of developments in their trial and to send it the text of the judgement handed down in the case of Luis López Altamirano.
   • (c) As regards the alleged torture of the persons referred to in subparagraphs (a) and (b), on which the Government has not commented, the Committee recalls the importance it attaches to the fact that preventive detention should be accompanied by a set of safeguards and limitations to ensure that it cannot be used for purposes other than that for which it is designed and, in particular, to give protection against torture and ill-treatment. It requests the Government to order an investigation as soon as possible to establish whether they were in fact tortured, and, if so, to punish those responsible and take steps to ensure that such incidents do not recur.
   • (d) As regards the Government's statement that Filemón Escobar has opted for exile, the Committee recalls in general terms the principle that the forced exile of trade unionists for activities connected with the exercise of their trade union rights is an infringement of human rights and in violation of freedom of association.
   • (e) As regards the alleged ransacking of the home of José Maria Palacios López and the arrest of 26 trade unionists referred to in the WCL's communication of 11 April 1982, the Committee asks the Government to send its observations thereon and, with regard to the latter allegation, to indicate whether the union leaders are still under arrest, the grounds for their arrest and any charges that have been brought against them.