Informe provisional - Informe núm. 116, 1970

1. 276. The Committee examined this case at its session in May 1969, when it submitted to the Governing Body an interim report, which appears in paragraphs 191 to 206 of its 112th Report, as approved by the Governing Body at its 175th Session (May 1969).
2. 277. In paragraph 206 of its 112th Report, the Committee submitted recommendations to the Governing Body for the purpose of inviting the Government and the complainant organisation to send specific information and observations, to enable it to continue its examination of the case. The Government sent information, dated 5 May 1969, relating to one aspect of the case, but this communication was not received by the Committee in time to be examined at its meeting in May 1969. The World Confederation of Labour, for its part, submitted further allegations in a communication dated 16 May 1969, on which the Government submitted its observations in a communication dated 10 July 1969.
3. 278. Bolivia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but not the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations Relating to the Imprisonment of Mr. Barrisueta
  279. 279 The complainants, in their telegram dated 23 December 1968, alleged that Mr. Alejandro Barrisueta, a leader of Bolivian Trade Union Action (ASIB), had been imprisoned and held incommunicado at La Paz together with other miners' trade union leaders. Subsequently, in a communication dated 23 January 1969, the complainants gave further details, to the effect that Mr. Barrisueta had been arrested on 19 December 1968; on 24 December 1968 the ASIB applied for a writ of habeas corpus with a view to obtaining his release, since in the meantime the other arrested workers had been set at liberty. Following the application for the writ, the authorities informed the ASIB that Mr. Barrisueta had been banished to Ixiamas. The complainants added: "What is clear is that, according to the authorities, comrade Barrisueta was released on the night of 24 December. The information we have received shows that he was subjected to severe physical torture during his imprisonment, but the most serious part of the affair is that his whereabouts is unknown. All the signs suggest that Mr. Barrisueta is being held by the police so that the lamentable physical state he has been placed in by the torture shall not be known."
  280. 280 In its first communication, dated 28 May 1969, the Government confined itself to stating, in respect of these allegations, that Mr. Barrisueta was not registered as an officer of any trade union organisation in the country.
  281. 281 In the circumstances, the Committee recommended to the Governing Body, at its meeting on 27 May 1969, that it should urge the Bolivian Government " to be good enough to reply without delay to the allegations that Mr. Barrisueta had been arrested and tortured and to state where he is at present ". The Committee also recommended that the complaining organisation should be requested to send all relevant information concerning the trade union functions of Mr. Barrisueta.
  282. 282 In its communication dated 5 May 1969 the Government stated that Mr. Barrisueta " was detained only for twenty-four hours during investigation of the possibility of his having taken part in the murder of a citizen, which is a crime under ordinary law in accordance with the general legislation of all countries ". As will appear from the date of this communication, it was sent by the Government before receiving the requests for information referred to in the preceding paragraph. No other communication relating to this aspect of the case has been sent by the Government since that request. Nor has the complaining organisation sent the information regarding Mr. Barrisueta's trade union functions which was requested.
  283. 283 In view of the contradictory statements of the complaining organisation and the Government, the Committee regrets that the latter has not sent more precise information regarding the various matters of complaint submitted by the World Confederation of Labour, as requested.
  284. 284 The Committee has always attached the greatest importance to the right of detained persons to a fair trial, in conformity with the principles laid down in the Universal Declaration of Human Rights. Taking into account the nature of the complaint, and in particular, the allegations concerning the mistreatment to which Mr. Barrisueta is said to have been subjected and his banishment, the Committee recommends the Governing Body to ask the Government to be good enough, as a matter of urgency, to supply detailed information and its observations on the matters referred to in the complaint, and especially the present whereabouts of Mr. Barrisueta.
• Allegations relating to the Elections at the Siglo XX Mines
  285. 285 In its communication dated 30 December 1968 the complaining organisation stated that in accordance with information received from ASIB on the occasion of the election held in the Siglo XX mines, four groups were seeking the leadership of the union: the Independents, the official list, the ORIT and the Christian Democratic Party. The representatives of the four groups appeared before the Regional Labour Inspector for the Lallagua District to establish an agreement that the winning group, whichever it might be, would be recognised by the Ministry of Labour in the exercise of its functions.
  286. 286 According to the complainants, after the Independents had won the election the agreement was violated, the Ministry of Labour refusing to recognise it and insisting that the minority groups should be represented by the losing party, the official list, which was to be incorporated in the leadership to the extent of 50 per cent. The workers do not accept this arrangement and, in spite of all attempts, it has been impossible to reach a peaceful settlement, since the Ministry of Labour maintains its uncompromising position.
  287. 287 The Committee received no reply from the Government to these allegations and therefore recommended the Governing Body at its session in May 1969 to invite the Government to submit its observations thereon.
  288. 288 The Committee observes that so far the Government has not replied to this request and therefore recommends to the Governing Body that the Government should again be asked to send, as soon as possible, its observations on the facts alleged.
• Other Allegations
  289. 289 In its communication dated 16 May 1969 the World Confederation of Labour submitted a series of allegations, some of a general nature and others containing more specific information on alleged violations of freedom of association. The Government's reply was contained in its communication dated 10 July 1969.
  290. 290 The complainants allege that the democratic liberties of the people have been suppressed by the Security of the State Act and the constant states of emergency. In practice there is no right to strike and " requests for increases in wages are answered with shot, as is proved by the sanguinary massacres of Catavi, Siglo XX, Lallagua, Kami, Quechisla, Millurni and the workers' districts of La Paz in May 1965, of Catavi-Siglo XX in September 1965, of Karazapato-Huarruni in October 1966 and of the Catavi-Siglo XX in June 1967 ". The leaders of the Bolivian Workers' Confederation (COB), of the National Miners' Federation and other trade union organisations have been systematically persecuted with imprisonment, confinement in concentration camps (Madidi, Ixiamas, Puerto Rico, etc.) and subjected to faked legal proceedings before a judicial authority subject to the policy of the Government.
  291. 291 For its part, the Government observes that the State Security Act does not undermine democracy but on the contrary protects it against extremist action aimed at its destruction by minorities obsessed by a desire for permanent agitation. With regard to the right to strike, the Government maintains that this right exists in conformity with the law, and " it should be repeated in this connection that undercover activities unconnected with trade unionism cannot be covered by trade union rights, since, whether one likes it or not, they have a disturbing effect upon law and order and tend to involve breaches of the legal and statutory provisions from which the stability and strength of the State derive ". With respect to the persecution of trade union leaders, the Government states that the allegation is incorrect and that there are no concentration camps, though there were during the Vice-Presidency of Mr. Juan Lechin Oquendo (in Corocoro, Uncia, Catavi and Curahuara de Carangas).
  292. 292 The complainants also allege that freedom of association does not exist in Bolivia and that the trade unions are controlled, taken over and suffocated by the Government by means of the Presidential Decree of 23 September 1966. In reply to this allegation, the Government maintains that freedom of association does exist and its exercise is not controlled in any manner which infringes this right, except in a few cases where such freedom oversteps the limits laid upon it by the laws governing its exercise.
  293. 293 The Committee observes that in Case No. 573, relating to Bolivia, specific allegations were made against this " Trade Union Edict ", which the Committee examined at its meeting in November 1969. In view of the fact that the Government had not submitted its observations on these allegations, the Committee recommended to the Governing Body that it should invite the Government to communicate its detailed comments on the matter (paragraph 162, 114th Report). In the circumstances, the Committee proposes to proceed with the examination of this question relating to Bolivian trade union legislation within the framework of Case No. 573.
  294. 294 The more specific allegations contained in the complaining organisation's communication dated 16 May 1969 are considered by the Committee under the subheadings below:
       • (a) Allegations relating to Workers' Radio Transmitters
  295. 295 The complainants maintain in their communication that the Government " has no intention of returning to the workers the network of workers' radio stations, which were destroyed during the massacres and dismantled, since the Batallón Colorados' transmitter of the army is functioning with the equipment of the Millurni and Huarruni stations ". The Government replied to this allegation by pointing out that the Committee had already taken full cognisance of and examined the allegations relating to radio transmitters.
  296. 296 The Committee observes that it has in fact examined some allegations relating to the closing of radio stations belonging to the trade unions in paragraphs 145 to 152 of its 108th Report, Cases Nos. 451, 456 and 526 (Bolivia). On that occasion the Committee remarked that in accordance with the Decree of 14 June 1967, which provided for the closing down of radio transmitters (including more than thirty which appeared to have belonged to trade union organisations), " the persons concerned were given the opportunity of requesting licences. The granting of licences was subject to the fulfilment of technical requirements and, furthermore, to other conditions such as the interest and quality of the programmes; the latter conditions, in view of their nature, would appear to leave the administrative authorities wide powers of discretion. " In those circumstances, the Committee pointed out, it was obviously of the greatest importance that guarantees should exist against arbitrary or ill-founded decisions and, in particular, that those concerned should be able to appeal against the administrative decision. The complainants had not specified whether the trade union organisations concerned availed themselves of the opportunity of requesting licences, a condition which applied to all broadcasting stations and not only to those belonging to the trade unions. The Committee concluded, subject to the foregoing, that the allegations relating to the closing down of trade union radio transmitting stations did not call for further examination (paragraph 152, 108th Report).
  297. 297 The Committee has always taken the view that it cannot reopen a case in respect of which it has already considered the substance and formulated definitive recommendations to the Governing Body unless new elements are adduced and brought to its notice.
  298. 298 The Committee observes that in the present case the complainants do not go beyond maintaining, in substance, that the Government has no intention of returning the radio transmitters to the workers. In these circumstances, the Committee recommends the Governing Body to decide that no new evidence has been submitted which would justify re-examination of the allegations concerned with a view to amendment of the conclusions contained in paragraph 152 of the 108th Report.
       • (b) Allegations relating to Mr. Juan Lechin Oquendo
  299. 299 The complainants allege that the Executive Secretary (President) of the Bolivian Workers' Confederation (COB), Mr. Juan Lechin Oquendo, has been in exile since 1965 and is forbidden to return to the country.
  300. 300 The Government states, in this connection, that the former Secretary of the former COB, has not been exiled and is free to return to the country, if he so wishes, to defend himself in two cases now pending before the ordinary courts in respect of offences under ordinary law. The Government adds that this fact is already known to the Committee.
  301. 301 The Committee observes that in paragraphs 127 to 136 of its 108th Report, Cases Nos. 451, 456 and 526, it examined allegations that Mr. Lechin had been motivated by acts of a criminal nature punishable under the Penal Code, the proofs of which were irrefutable. Mr. Lechín was being prosecuted for trafficking in narcotics and for dual nationality. The Committee recommended to the Governing Body at its session in November 1968 that it should invite the Government to keep it informed on the results of the proceedings against Mr. Lechín. No such information has yet been received by the Committee.
  302. 302 In these circumstances, the Committee recommends the Governing Body, subject to its further examination of the proceedings against Mr. Lechín in the context of Cases Nos. 451, 456 and 526, to take note of the further statement by the Government, that Mr. Lechín has not been exiled and that he may return to the country if he wishes to undertake his defence against these charges, and to decide that this aspect of the case does not call for further examination.
       • (c) Allegations relating to a Refusal to Recognise Various Trade Union Organisations
  303. 303 The complainants allege that the Government does not recognise the legal existence of the Bolivian Workers' Confederation (COB), of the National Miners' Federation or of the principal miners' trade unions. Recently the Ministry of Labour withdrew recognition from the National Confederation of Textile Workers to prevent the holding of its national congress. According to the complainants, the trade union premises of the COB and the Miners' Federation of La Paz and the " economic resources of the workers " are " administered " by the Government.
  304. 304 The Government's reply to these allegations is that the legal existence of the COB and the Miners' Federation has not been recognised since they do not comply with the statutory requirements that must be fulfilled. With regard to the Confederation of Textile Workers, that organisation held its congress from 25 to 30 May 1969, so that there was no problem with regard to that aspect. The Government also stated that the building owned by the National Miners' Federation was properly administered by a trustee in accordance with the provisions of the Civil Act. The building would be restored upon the reorganisation of the Bolivian Mining Confederation.
  305. 305 The Committee observed that in Case No. 573, relating to Bolivia, allegations were made regarding the adoption of legislation by the Government under which recognition had been withdrawn from various trade union organisations, including those mentioned in the present case. The Government has not yet submitted its observations on this matter.
  306. 306 It appears from the information available that the Government has by legislative action withdrawn recognition from certain trade union organisations, has appointed an administrator for the affairs of at least one of them and refuses to renew recognition of such organisations unless they comply with certain unspecified legal requirements.
  307. 307 The Committee has repeatedly pointed out the importance it attaches to the principles contained in Article 2 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Bolivia, which guarantees the right of the workers to form organisations of their own choosing, without previous authorisation; Article 3 of the same Convention, which provides that the workers shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, the public authorities refraining from any interference which would restrict this right or impede the lawful exercise thereof; and Article 4 of the Convention, providing that such organisations shall not be liable to be dissolved or suspended by administrative authority.
  308. 308 In these circumstances, the Committee recommends the Governing Body to draw the attention of the Government to the principles referred to in the preceding paragraph and to invite the Government to adopt, with the least possible delay, the necessary measures to enable workers belonging to the trade union organisations referred to in the allegations to elect their representatives freely and to enable such organisations, after complying with mere requirements as to form, to obtain the legal recognition which will enable them once more to organise their activities freely without interference by the authorities.
       • (d) Allegations relating to the Denial of the Right to Organise to Various Categories of Workers
  309. 309 The complainants allege that the " Trade Union Decree " of 23 September 1966 has deprived state workers and craftsmen of the right to form trade unions and also prohibited heads of schools and administrative staff from joining trade unions.
  310. 310 The Government states in this respect that the Decree of 23 September 1966 is designed merely to make clear certain points arising in connection with the General Labour Act and the regulations for its administration. With regard to education, the Government points out that this is primarily the concern of the State, as established in the Constitution, and that " any amendments to the law that may have been made or may subsequently be made in this connection with a view to providing safeguards are deemed to be important for its enforcement, which is essential and has top priority ".
  311. 311 The Committee observes, in the light of the legislation which has been made available to it, that under section 104 of the General Labour Law of Bolivia public officials may not form a trade union. This prohibition was not removed by Decree No. 07822 of 23 September 1966, which was in any event repealed by Decree No. 08937 of 26 September 1969.
  312. 312 With regard to heads and administrative staff of schools, the complainants do not indicate under what legislation they have been deprived of the right to form associations. The Government's reply does not contain any clarification on this point.
  313. 313 The Committee observes that all these categories of workers are covered by Convention No. 87, which in Article 2 guarantees to all workers " without distinction whatsoever " the right to establish and to join organisations of their own choosing.
  314. 314 In these circumstances, the Committee recommends the Governing Body to draw the attention of the Government to the principle referred to in the preceding paragraph, and to invite the Government to adopt the necessary measures effectively to recognise the right of public officials, craftsmen, and heads and administrative personnel of schools to form organisations.