Informe provisional - Informe núm. 154, Marzo 1976

4. The Committee already examined Case No. 685 in February 1972, November 1972 and February 1974. It submitted to the Governing Body two interim reports and a final report which are set out in paragraphs 282 to 296 of its 129th Report, paragraphs 313 to 323 of its 133rd Report and in paragraphs 89 to 103 of its 142nd Report.

1. 4. The Committee already examined Case No. 685 in February 1972, November 1972 and February 1974. It submitted to the Governing Body two interim reports and a final report which are set out in paragraphs 282 to 296 of its 129th Report, paragraphs 313 to 323 of its 133rd Report and in paragraphs 89 to 103 of its 142nd Report.
2. 5. In its 142nd Report, the Committee recommended that the Governing Body maintain all appropriate forms of contact with the Government in order to obtain information concerning the situation of a number of trade unionists who had been arrested. Despite repeated measures, this information had not been received. The Committee, therefore, addressed requests to the Government in May 1974, November 1974, February 1975 and May 1975 that it provide the information requested. This matter is also covered partly by the complaint regarding failure by Bolivia to respect the provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), presented under article 26 of the ILO Constitution by certain delegates at the 60th Session (1975) of the International Labour Conference, regarding which the officers of the Governing Body submitted a report to the Governing Body at its 198th Session (November 1975). The Government finally submitted information in a letter of 17 September 1975, which also refers to the complaint submitted under article 26 of the ILO Constitution.
3. 6. Regarding Cases Nos. 781, 806 and 814, the complaints and additional information submitted by the complainants appear in the following communications: two, dated 11 February 1974 and 22 July 1975, from the Latin American Central of Workers; three, dated 25 February 1974, 25 June and 30 July 1975, from the International Federation of Teachers' Unions; two, dated 12 November 1974 and 19 March 1975, from the International Confederation of Free Trade Unions; two, dated 13 November 1974 and 28 July 1975, from the world Federation of Trade Unions; four, dated 14 November and 4 December 1974 and 7 February and 4 August 1975, from the World Confederation of Labour; one, dated 14 November 1974, from the Inter-American Regional Organisation of workers; and a communication of 30 January 1975 sent jointly by the Bolivian Central of Workers and the Bolivian Miners' Trade Union Federation.
4. 7. The complaints were transmitted to the Government as they were received, for its observations. Despite the time which had elapsed since the submission of the first complaints and despite the seriousness of the allegations, the Government submitted in its communications of 28 June and 28 October 1974 only very partial information on one of the many allegations made by the complainants. Consequently, the Committee sent an urgent request to the Government in May 1975 to provide the information requested (Cases Nos. 781 and 806). The Government provided this information in communications of 16 May and 18 June 1975 (whose text was identical), 11 June and 17 and 19 September 1975.
5. 8. 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

• Case No. 685
  9. 9 The complaint submitted by the Latin American Central of Workers (CLAT) related mainly to the arrest at La Paz airport in 1970 of three representatives of the Manufacturing Industries Confederation of Bolivia and to the detention in particular of the following 18 trade union leaders: Juvenal Garabito (Cochabamba), Carmelo Andrade (of the newspaper Presencia), Jacinto Quispe (General Secretary of the ASIB), Roberto Moreira (court employee), Erasmo Barrios Villa (worker in Potosi University), Luis Peñaranda (executive office of the Press Federation), Rodolfo Brum (Radio Nueva America), Victor Michel (delegate, Huanuni Assembly), Angel Astete (Secretary for Cultural Affairs of the San Florencio Mine), Julian Jiménez (Colquiri Miners' Association), Juan Flores (Secretary of the Factory Workers' Federation, La Paz), Patricio Cuentos (Secretary of the Disputes Section of the Factory Workers' Federation, La Pas), Pedro Cruz (Secretary of the Disputes Section of the State Teachers' Union, Huanuni, Oruro), Lindo Fernández, David Quiñones, René Higueras (Bolivian Workers' Confederation), Edmy Alvarez Daza, leader of the Bolivian Workers' Confederation and Emma de Bacarreza, leader of the La Pas Teachers' Union.
  10. 10 In a communication of 11 January 1972, the Government stated that all workers' organisations enjoyed every guarantee necessary for their development but that some leaders had compromised themselves politically, with the Government which was deposed in August 1971, by substituting political activities for trade union activities. According to it, these few trade union leaders had distributed arms to workers and students, on 19 August 1971 in San Cruz and on 21 August 1971 in La Pas. It said that the free functioning of 47 federations and Confederations and 39 trade unions and other organisations, some of which it named, was proof that freedom of association was respected. The Government added that a small number of former trade union leaders had been arrested when it was proved that they had been involved in activities prejudicial to the security of the State. Some had been released and others would be tried by the ordinary courts. It claimed that its policy was the independence of the Bolivian workers' movement and that there was no justification for state intervention in the internal affairs of trade unions provided that they were not diverted from their objectives by anarchists. In a communication of 18 May 1972 the Government added that no strike had taken place for seven months and supplied a list of organisations which had re-elected their officers since 21 August 1971.
  11. 11 In May and again in November 1972, the Committee recommended the Governing Body to draw the Government's attention to certain principles and considerations and to request it to supply detailed information concerning the judicial proceedings instituted against the trade union leaders in question, as well as the text of the sentences and the grounds adduced therefor. In May 1973, the Committee addressed an urgent appeal to the Government to supply this information. This appeal having proved fruitless, the Committee, at its session in November 1973, and by virtue of the procedure set forth in paragraph 17 of its 127th Report, informed the Government that it might submit a report on the substance of the matter at the Committee's next session, even if the information requested from the Government still had not been received. As the information had not been received by February 1974, it submitted its definitive conclusions and recommended that the Governing Body maintain all appropriate forms of contact with the Government in order to obtain information concerning the situation of the arrested trade unionists (see also paragraph 5 above).
  12. 12 In its letter of 17 September 1975, the Government referred to its previous communications and stated that the 18 persons who had been arrested were free and had been so for a long time. On the other hand, the Government supplied no information on the three leaders arrested at La Paz airport.
• Cases Nos. 781, 806 and 814
• Allegations relating to the General Trade Union Situation in Bolivia
  13. 13 The CLAT alleges in its communications of 11 February 1974 and 22 July 1975 (the latter confirmed by the WCL in a letter of 4 August 1975) that the military Government which took over power in Bolivia after the coup d'état of 21 August 1971 is continuously and systematically violating the Conventions on freedom of association and the most elementary human rights. It states that the Government is justifying the repressive measures which it has taken by accusing the workers and their organisations of being compromised in subversive activities of the extreme left and extreme right, whereas the workers' demonstrations of the past few years have been caused by the Government's economic decisions. The CLAT lists certain legislative measures adopted by the Government: on 5 November 1971, Legislative Decree No. 09980 revived the State Security Act, which suppresses civil rights; on 4 June 1972, the Constitutional right to amparo was suppressed by authorising the authorities to hold trade union and political prisoners as long as is considered necessary on 9 November 1974, Legislative Decree No. 11947 introduced compulsory civic service: this Decree bans all workers' organisations and permits the authorities to enter trade union offices and block trade union funds; on 12 November 1974, Decree No. 11952 instituted "labour co-ordinators" who, according to the CLAT, were in fact nothing more than government agents imposed on the workers; persons who refused the post would be imprisoned, condemned to forced labour or exiled.
  14. 14 The CLAT then describes in detail the successive price increases announced by the Government from October 1972 onwards (accompanied by a blockage of salaries until October 1973) and the protests which they evoked from the workers and their organisations. According to the complainant, the measures taken in the latter were rejected each time by the governmental authorities; the police and army violently suppressed public demonstrations and strikes, killing and injuring workers, arresting many workers and trade union leaders and torturing some of them. A state of siege was proclaimed. The workers also demanded, adds the complainant, the raising of the ban - dated from August 1971 - on the Bolivian Central of Workers (COB), the country's main trade union organisation. The Government also threatened strikers with dismissal. Trade union leaders such as Mario Paz Soldán, Executive Secretary of the Bank Workers' Confederation, and Luis López Altamirano, Executive Secretary of the Factory Workers' Federation of La Pas, were arrested and exiled. Subsequently, strikes were declared illegal. The CLAT makes particular reference to events of this type affecting members of the affecting members of the Factory Workers' Confederation, the Federation of Mineworkers, the Confederation of Bank Workers and of the peasants' trade union organisations in the area of Cochabamba. In addition, the National Press Federation, its provincial unions and the Press Journalists Association of La Paz and Cochabamba were the victims of violent governmental repressive action; their leaders were arrested and some were assassinated; these unions have been reorganised and operate under a continuing threat of governmental action. Freedom of expression has practically disappeared. In view of these facts, the CLAT requests that a commission of inquiry be sent to Bolivia.
  15. 15 The communication sent jointly by the Bolivian Central of Workers (COB) and the Trade Union Federation of Bolivian Mineworkers on 30 January 1975 contains the following allegations. The Government refuses to recognise the COB, to which all the federations and Confederations - themselves forbidden - are affiliated. Although some unions are recognised, they are not allowed to exercise all their rights; those who claim the right to do so are arrested, tortured and exiled; all claims are labelled subversion. The revived State Security Act eliminates civic and trade union rights. In addition, trade union officials are deposed from office by decree, and a proclamation issued by the Ministry of Labour and Social Affairs, under Legislative Decree No. 11947 of 1974, forbids strikes and stoppages under threats of penal action. In addition, union property has been placed under government control. The authorities have also appointed "labour co-ordinators" who are in fact merely government agents or spies put in place to supervise and denounce the workers. As the trade union leaders refused to accept these measures, the leaders of the COB, the Trade Union Federation of Bolivian Mineworkers, the Factory Workers' Federation, the Peasants' Federation and other unions, as well as workers, are in exile, in prison or in concentration camps. According to the complainants, there is an imminent risk of clashes between workers and the army which is now encamped round the principal mines, in the towns and in worker areas and the countryside. These complainants also ask that a commission of inquiry be sent to Bolivia.
  16. 16 By their telegrams of 12, 13 and 14 November 1974, the ICFTU, WFTU and the WCL report the dissolution by decree of all trade union organisations in the country. The WFTU also calls for the release of the trade union detainees and the return of the confiscated trade union funds. By a telegram of 14 November 1974, the Inter-American Organisation of Workers calls for respect by Bolivia of Conventions Nos. 87 and 98. In its communication of 4 December 1974, the world Confederation of Labour (WCL) refers to the proclamation of a state of siege and the State Security Act. It states that on 10 November 1974 the Government promulgated the law on compulsory civilian service, which transforms all citizens into soldiers, refuses recognition to trade union organisations and forbids strikes, public action, demonstrations and all social or cultural activities. The workers' organisations, led by the miners' union, then called a 48-hour strike, adds the WCL, which was violently repressed by the army. It further states that many trade union leaders were arrested and many workers were taken to concentration camps where they were tortured.
  17. 17 The ICFTU reports in its communication of 19 March 1975 the arrest of Mr. Victor López Arias, General Secretary of the Bolivian Miners' Federation, at the beginning of November 1974 for his refusal to accept the post of "Labour Co-ordinator". It adds that he has been held under the legislation on state of siege (State Security Act) of November 1974 and Legislative Decree No. 11947 of 9 November 1974, curtailing fundamental trade union rights. The ICFTU states that the latter Decree forbids all stoppages of work, which are punishable by sanctions established in the Penal Code, and that Decree No. 11952 appoints a certain number of labour coordinators to ensure that management and labour work closely with the Ministry of Labour. This Decree confirms the prohibition of strikes in the public and private sectors which are punishable by dismissal.
  18. 18 In its first communications, of 28 June and 28 October 1974, the Government refers to a particular aspect of the allegations - events in the banking sector - and states that the banishment of Mario Paz Soldán, Luis Tito Ortiz and Rodolfo Ameller was in no way because of trade union activities nor of problems connected with pay claims, since the collective bargaining leading to Decree No. 11123 of 11 October 1973 had resulted in pay increases of about 30 per cent. The three leaders mentioned, continues the Government, indulged in subversive activities conflicting with the Constitution and Bolivian law and were therefore exiled for purely political reasons. The Government reaffirms that trade union organisations which comply with the law can exercise their rights without difficulty.
  19. 19 In its communications of 16 May and 11 and 18 June 1975, the Government refers to the general situation and states that Bolivia has been ruled since August 1971 by a Government which defends the national interests and is carrying out the equivalent of a mobilisation to speed up economic and social development. Its social policy is based on social justice designed to ensure a fair distribution of wealth, sharing by workers in the distribution of the income of undertakings, improvement of their living standards, full employment, participation by the bulk of the population in economic and cultural development, and the protection of workers' health by the construction of low-cost housing and the improvement of social security benefits, which should henceforth be shared by the entire population.
  20. 20 The Government states that the trade union organisations are active and that there is no legislative provision for their dissolution or suspension. The general labour legislation still in force grants freedom of association to the workers. Section 99 of the law in question expressly recognises this right and provides that in order to act as such a union must be of a permanent nature, have acquired legal personality and be constituted in accordance with the law. Approval of the statutes and recognition of the legal personality of several unions are at present under way, continues the Government, in accordance with this Act and the Decree of application of 23 August 1943. In addition, section 4 of the Legislative Decree of 7 February 1944 provides that any occupational and trade union association may be freely created, without seeking prior approval, for the purposes set out in section 125 of the Decree of 23 August 1943 (recognition of legal personality).
  21. 21 Regarding trade union funds, the Government states that it has adopted the most suitable measures to comply with the requirements of sections 144 to 147 of the Decree for the application of the General Labour Act, because these funds must be used to the best advantage of member workers. The funds are now unfrozen and are managed by the workers' representatives.
  22. 22 Under Legislative Decree No. 02565 of 6 June 1951, persons who are not usually workers and therefore do not appear on the payrolls of the undertakings may not be trade union leaders (section 6). Moreover, such leaders cease to exercise their functions if they stop work (section 7) and the authorities may automatically refuse to recognise the nomination of such leaders, when carried out illegally, and order the reorganisation of the management of the unions' or federations concerned (section 8). The officers of the COB, continues the Government, consisted mainly of persons who did not work in any undertaking or work centre and therefore were not concerned with labour relations, but rather with partisan politics. The Government rejects the version offered by the complainants regarding the functions of the labour co-ordinators and refers to various persons performing both co-ordination and worker representation duties, including Mr. Victor López, who is entirely free. It states that these persons were appointed by the last National Miners' Congress. Not included are the persons who left the country voluntarily or were exiled for having participated in subversive political activities.
  23. 23 The Government recalls in its letter of 17 September 1975 its earlier observations regarding the State Security Act, and the labour co-ordinators, who, it points out, include former trade union leaders. At present, it states, the workers' organisations are operating normally; only four former trade union leaders are under arrest and their situation is under examination. Moreover, no worker has died violently for political reasons since August 1971. It explains its economic measures and points out that, despite the international economic crisis, workers have received pay increases. Finally, it adds that the aim of the law regarding compulsory civilian service is to ensure the participation of the citizens most highly skilled in economic and social development, in order to achieve progress.
• Allegations regarding Measures against Teachers' Unions
  24. 24 The World Federation of Teachers' Unions (FISE) states in its letter of 25 February 1974 that Mr. Nile Soruco, Executive Secretary of the National Federation of Bolivian Teachers, has been arrested. The FISE adds, in its communication of 25 June 1975, that many Bolivian teachers have been exiled by the Government, amongst them Nilo Soruco and Betty Bernal de Aillon.
  25. 25 In this connection the Government refers in general terms, in its letter of 17 September 1975, to its observations as reproduced in paragraph 20 above. It adds, in a communication of 19 September 1975, that Nilo Soruco Arancibia, former Executive Secretary of the Federation mentioned, was exiled for subversive activities and not at all because of his trade union activities.
• Allegations regarding Arrests in the Town of Oruro
  26. 26 In its aforementioned communication of 22 July 1975, the CLAT also alleges that about 40 trade union leaders were arrested at Oruro on 13 July 1975 for having held a workers' meeting. It adds that more than 100 Bolivian workers had been arrested and quotes the names of René Higueras del Barco, External Relations Secretary of the COB, Casiano Amurrio, Peasant Affairs Secretary of the COB, Corciano Pereyra and Felix Maruchi, leaders of the Trade Union Federation of Bolivian Mineworkers, Ana Maria Pando, Disputes Secretary of the Bolivian Bank Employees' Confederation and Related Branches, José Antezana and Victor Vaca, leaders of the Social Security Workers' Federation, Mirna del Rio, basic leader of the Bolivian Urban Teachers' Federation and Luis Antezana, General Secretary of the "Don Bosco" Graphic Arts Workers' Union. All have been held, according to the complainant, in the political inquiries department of the Ministry of the Interior. In its letter of 28 July 1975, the WCL also states that these persons were arrested at Oruro, that they are all COB leaders and that this Confederation has been prohibited by the Government. In its communication of 30 July 1975, the FISE also refers to these events.
  27. 27 The Government states in its communication of 17 September 1975 that having received a warning from its security services, it arrested eight persons on 12 July 1975, who, in the course of a meeting, had agreed to undertake subversive activities designed to cause disturbances and crowd reactions during the celebration, on 6 August 1975, of the 150th anniversary of the Republic of Bolivia. After inquiry, it was decided to exile immediately Mirna del Rio and Ana Maria Pondo Marin who were foreigners, and to arrest and hold at the disposal of the ordinary courts, for trial, the following persons: René Higueras del Barco, Casiano Amurrio Rocha, Corciano Pereyra Cabrera, Felix Feliciano Muruchi Poma, José Antezana Rodríguez and Victor Vaca Arandia.
• Allegations relating to Events in the Areas of Catavi, Siglo-Veinte and Huanuni
  28. 28 The WCL states in a letter of 7 February 1975 that the Bolivian army blockaded 4,500 striking miners in the Catavi and Siglo-Veinte areas. The authorities had subsequently lifted the blockade and the miners had started work again. However, claims the WCL, the danger of the conflict breaking out again and degenerating into bloody battles was not completely removed. The Government had also forbidden the free use of the radio stations belonging to the workers.
  29. 29 In its communication of 22 July 1975, the CLAT states that on 12 January 1975 the police and security forces occupied four radio stations belonging to the miners' unions of Catavi, Siglo-Veinte and Huanuni, i.e. Radio Pie XII, La Voix du Mineur, Radio 21 setiembre and Radio Llallagua. The workers of these areas then launched a strike to obtain the restitution of the radio stations and the release of the arrested trade union leaders and workers. The army encircled the mining areas, preventing the passage of foodstuffs and persons and threatened to take action as it had in the past. The miners continued their strike, which was taken up by other areas. This forced the Government, states the CLAT, to negotiate and to agree to return the radio transmitters. The strike ended on 27 January but in the meantime 40 workers had been exiled to Paraguay. According to the CLAT, the arrests nevertheless continued and 13 workers were still exiled on 30 January. The CLAT claims that the radio transmitters were not returned. The workers maintained their demands and attempted to bring about new stoppages, but all were violently repressed; there were new arrests, new tortures and new exiles.
  30. 30 The Government denies in its letter of 17 September 1975 that 40 workers were exiled in Paraguay and that the arrests are continuing. The radio transmitters referred to in the complaint, it adds, had been taken out of operation because, as they were operating clandestinely, they did not fulfil the conditions set out in the general regulations on radio services. Those which subsequently complied with these provisions are now operating normally.

B. B. The Committee's conclusions

• Conclusions of the Committee
  31. 31 The Committee is faced with a situation which raises important problems in relation to the fundamental principles of freedom of association and which appear to affect a large part of the Bolivian trade union movement. The complaints have been received from various trade union organisations and contain allegations relating to arrests and conditions of imprisonment, or to the exiling of trade unionists, the winding up of trade unions, interference by the authorities in trade union activities, the removal of trade union leaders from their posts, measures against trade union property, strikes and public demonstrations, and restrictions on freedom of speech. Although the Government submitted comments and some information on several of these allegations, stating the reasons for the action taken, the information provided by the complainants and the Government are contradictory on many of the points raised.
  32. 32 Consequently, the Committee has insufficient information on which to base conclusions regarding the substance of the various questions raised. Moreover, the Committee notes that some of these questions are also raised in the complaint, relating to the application by Bolivia of Convention No. 87, submitted to the 60th Session of the International Labour Conference under article 26 of the ILO Constitution. The Governing Body is called upon to decide what action is to be taken on this complaint and particularly regarding its transmission to the Government under the procedure established by the Constitution. However, the Government has in the meantime sent a communication, of 17 September 1975, which is analysed above, referring to the complaint in question and containing observations regarding some of the allegations made therein.
  33. 33 In cases such as the present one, it has appeared to the Committee that, where various complainants have had recourse to the different procedures established by the Organisation concerning the application of the Conventions on, and the protection of trade union rights, it would be desirable to co-ordinate these procedures and to take account of the role entrusted to the Committee for the examination of complaints concerning these matters. In the present case the complaint presented by the delegates to the Conference by virtue of article 26 of the ILO Constitution concerns questions which are already before the Committee within the context of the special procedure concerning freedom of association. As regards this latter procedure, the Committee considers that more complete information is necessary, and that it would probably also be necessary for the Governing Body to have more complete information to enable it to reach conclusions on what action is to be taken concerning the complaint under article 26. Accordingly, from the point of view of both procedures, it would be extremely useful at this stage to apply the direct contact procedure, provided for in paragraphs 20 and 21 of the 127th Report of the Committee, which has been used in cases concerning other countries.