Definitive Report - Report No 124, 1971

62. These three cases were last examined by the Committee at its session in November 1968 (108th Report, paragraphs 118 to 153), when the Committee submitted to the Governing Body an interim report containing the Committee's conclusions on certain aspects of the case which remained outstanding at that time. The Committee also recommended the Governing Body to request the Government to supply additional information concerning certain other aspects of the case (paragraph 153 (b) and (c) of the 108th Report).

1. 62. These three cases were last examined by the Committee at its session in November 1968 (108th Report, paragraphs 118 to 153), when the Committee submitted to the Governing Body an interim report containing the Committee's conclusions on certain aspects of the case which remained outstanding at that time. The Committee also recommended the Governing Body to request the Government to supply additional information concerning certain other aspects of the case (paragraph 153 (b) and (c) of the 108th Report).
2. 63. The aspects of the case concerning which the Committee recommended the Governing Body to request additional information were the trial or exile of certain trade unionists in 1965, and the events which occurred in 1967 during which workers were killed. In particular, the Committee had noted that certain trade unionists, namely Mr. Lechin Oquendo, Mr. Quispe, Mr. Pimentel and Mr. Reyes, who had been charged with common law offences, were awaiting trial, and the Government was requested to supply information on the results of the proceedings instituted against these four persons. The Government was also requested to inform the Governing Body, as soon as possible, of the position before the law of the trade unionists who, according to the complainants, were exiled in 1965, as well as on their possibility of legally re-entering the country. The Committee had occasion, at its session in February 1970 (116th Report, paragraphs 299 to 302) to examine the case concerning Mr. Lechin Oquendo in the context of Case No. 571, since the Government had supplied certain information regarding this person. It will be recalled that the Committee, in view of the information received, recommended the Governing Body to decide that, subject to the further examination of the proceedings against Mr. Lechin Oquendo in the present cases, this aspect of the case did not call for further examination. As regards the events of 1967 in which workers were killed, the Committee recommended the Governing Body to request the Government to keep it informed of the results of the judicial investigation ordered by the Government and to supply the text of the judgment in the case against Mr. Chacón (a trade union leader against whom proceedings were instituted in respect of various offences), together with the grounds for this judgment.
3. 64. At its various sessions since November 1968 the Committee adjourned its examination of these cases since the Government had not supplied all the information requested.
4. 65. Bolivia has ratified 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).

A. A. The complainants' allegations

1. 66. In a communication addressed to the Director-General of the ILO by the Government dated 31 December 1969, the Government stated that the revolutionary government which came into power on 27 September 1969 adopted certain measures which were of relevance in assessing the trade union situation. These measures, the Government stated, were as follows: (a) no persons were in prison for reasons of political or trade union activities; (b) the Chancellery of the Republic had been instructed to authorise ambassadors to issue visas to any citizens now outside the country for political reasons and wishing to return; (c) the Minister of the Interior had also received instructions to expedite the trials of any persons against whom legal proceedings had been instituted under previous regimes.

B. B. The Committee's conclusions

1. 67. The Committee feels bound to express its concern that in spite of repeated requests to the Government for information concerning the cases of Mr. Lechin Oquendo, Mr. Quispe, Mr. Pimentel, Mr. Reyes and Mr. Chacón, this information has not yet been communicated by the Government. The Committee likewise expresses its concern that the Government has so far failed to supply the information requested concerning the outcome of the judicial investigation into the events of June 1967 in which workers were killed. In the absence of such information, the Committee finds itself unable to reach definitive conclusions regarding these aspects of the complaints. The Committee wishes to recall in this connection that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact. This purpose cannot readily be achieved unless co-operation is obtained from both complainants and governments in the communication of information either to substantiate or refute specific allegations, thus enabling the Committee to arrive at definitive conclusions in each case.
2. 68. Furthermore, the Committee wishes to recall that on several occasions it has emphasised the importance which it attaches to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the government considers have no relation to their trade union functions. The Committee also points out that the communication of the texts of judgments given in such cases and the grounds on which these are based provide useful information enabling the Committee to reach its conclusions in full knowledge of the facts.