Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Case No 2867 (Bolivia (Plurinational State of)) - Complaint date: 11-MAY-11 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 16. The Committee last examined this case at its March 2012 meeting, when it made the following recommendations [see 363rd Report, paras 313–361]:
   • (a) The Committee invites the COB to send to the authorities the names of the persons who were assaulted, injured or taken into custody during the general strike and demonstrations held in April 2011 so that the Government can conduct an investigation without delay to determine responsibilities and, should excessive force prove to have been used, so that the perpetrators can be punished.
   • (b) The Committee expects that once the objections regarding non-compliance with the regulations of the Departmental Workers’ Confederation of Santa Cruz have been settled, the decision will be issued, if appropriate, establishing the union leave entitlement of the union officers concerned.
   • (c) The Committee requests the Government to take the necessary measures to ensure that the deducted pay is refunded without delay to those National CNS workers who did not take part in the strike of April 2011. Furthermore, the Committee requests the Government to take the necessary measures to ensure that responsibility for declaring a strike illegal does not lie with the Government but with an independent body which has the confidence of the parties involved, and to keep it informed of the outcome of the appeal filed by FENSEGURAL against Ministerial Decision No. 042 whereby the strike in the sector was declared illegal.
   • (d) With regard to the alleged dismissal of union officer Ms Fidelia Flores Gómez from the LAFAR Laboratorios Farmacéuticos enterprise, the Committee requests the Government to take steps to ensure that an investigation is conducted into the grounds for the dismissal and to keep it informed of the outcome.
   • (e) The Committee requests the Government to ensure the implementation of the order for the reinstatement of union officers Mr Hilder Alarcón Mayta and Mr Marco Antonio Herbas Córdova at the Wiled SRL Patisu Ltda enterprise.
   • (f) The Committee requests the Government to ensure the implementation of the order for the reinstatement of union officers Mr Mario Chipana Mamani, Mr Genaro Espejo Huanca, Mr Ramiro Saire Lliulli and Mr Lucio Apaza Nina at the Novara SRL enterprise and to keep it informed of the outcome of the appeal for amparo (protection of constitutional rights) reportedly filed by the persons affected.
2. 17. In a communication dated 21 September 2012, the Government states the following with regard to the Committee’s recommendations:
   • – With regard to recommendation (a), it is for the COB to send its observations on the matter. The Committee takes note of this information and once again requests the COB to send to the authorities the names of the persons who were assaulted, injured or taken into custody during the general strike and demonstrations held in April 2011 so that the Government can conduct an investigation without delay to determine responsibilities and, should excessive force prove to have been used, so that the perpetrators can be punished. In the event that the relevant information is not sent, the Committee will not proceed with the examination of these allegations.
   • – With regard to recommendation (b), the request for recognition of, and granting of union leave entitlement to, the executive committee of the Departmental Workers’ Confederation of Santa Cruz, headed by Mr Mario Vidal Ojeda, has been brought to the attention of its parent body, the COB, led by Mr Juan Carlos Trujillo, and its entire executive committee, which is in the process of resolving the internal dispute, claims and other issues of its member organization. Once these internal matters have been dealt with and the COB has communicated the results of its own internal actions, the relevant ministry will proceed to issue the appropriate ministerial decision. The Committee takes note of this information and expects that, once the objections regarding non-compliance with the regulations of the Departmental Workers’ Confederation of Santa Cruz have been settled, the decision will be issued, if appropriate, establishing the union leave entitlement of the union officers concerned.
   • – With regard to the first part of recommendation (c), the general management of the CNS has sent note No. 903 of 16 August 2012, in which it reports that, in May 2011, the deductions made from those workers who could produce documentation to demonstrate that they had worked on the days when the dispute occurred were reimbursed. With regard to the second part, the preliminary draft of the new General Labour Act is planned to include procedures and conditions for declaring strikes illegal. Lastly, in connection with the appeal lodged by FENSEGURAL against administrative decision No. 042, it should be reported that, by means of administrative decision No. 086-11 of 27 May 2011, the appeal was rejected and all the provisions of administrative decision No. 042 were upheld. The Committee takes note of this information and trusts that the amendments to the General Labour Act will take account of the fact that responsibility for declaring a strike illegal should not lie with the Government, but with an independent body which has the confidence of the parties involved.
   • – With regard to recommendation (d), the Departmental Labour Office for La Paz reports that, according to verification activities carried out by the labour inspection services, Ms Fidelia Flores Gómez submitted her letter of resignation to the LAFAR Laboratorios Farmacéuticos enterprise voluntarily. The amounts corresponding to her social benefits were deposited with the holding unit of the Departmental Labour Office for La Paz. This amount was paid by cheque to the former worker and beneficiary in May 2011, thereby ending the employment relationship between the LAFAR Laboratorios Farmacéuticos enterprise and Ms Fidelia Flores Gómez. The Committee takes note of this information.
   • – With regard to recommendation (e), the Departmental Labour Office for La Paz has reported that, according to report No. V032/11, prepared by the labour inspection services, Mr Marco Antonio Herbas Córdova was reinstated in his post on 14 February 2011, while Mr Hilder Alarcón Mayta was paid his social benefits. The Committee takes note with satisfaction of the reinstatement of Mr Marco Antonio Herbas Córdova. However, the Committee requests the Government to provide information on the reasons why Mr Hilder Alarcón Mayta has not been reinstated in his post, as requested.
   • – With respect to recommendation (f), the amparo proceedings have been before the Civil Chamber of the Higher Court for District No. 1 since 9 December 2011. The Committee takes note of this information. The Committee once more requests the Government to ensure the implementation of its own order for the reinstatement of union officers Mr Mario Chipana Mamani, Mr Genaro Espejo Huanca, Mr Ramiro Saire Lliulli and Mr Lucio Apaza Nina at the Novara SRL enterprise. With regard to the amparo claim brought by the union officers in question, the Committee regrets that such a long time has passed without a ruling being handed down in this regard by the courts. The Committee recalls that “justice delayed is justice denied” [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105] and requests the Government to keep it informed of the outcome of these amparo proceedings.