Informe provisional - Informe núm. 207, Marzo 1981

1. 231. The Committee already examined this case at its session of November 1980 when it presented an interim report to the Governing Body. Since that meeting or shortly before, the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL), the Miners' International Trade Union Federation (MITUF), the World Federation of Trade Unions (WFTU), and the Permanent Congress of Trade Union Unity of Workers of Latin America (CPUSTAL) presented additional allegations in communications dated 29 October and 5 November 1980 and 19, 20, 21 and 22 January 1981 respectively. The Government furnished its observations in communications dated 15 and 17 December 1980 and 23 February 1981.
2. 232. Bolivia has ratified both 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. Previous examination of the case

1. 233. The complaints presented in this case concerned the repression suffered by the trade union movement following the change of government on 17 July 1980. The allegations principally concerned the violent death of certain trade union leaders, including Gualberto Vega and the many detentions of trade union leaders and activists. Thus the external co-ordination secretariat of the Bolivian Central of Workers supplied a list of more than 400 persons who had been arrested, which had been transmitted to the Government for its observations. The allegations also concerned the dissolution by administrative authority of the Bolivian Central of Workers and almost all the trade union organisations. For its part, the ICFTU denounced the arrests of the members of a humanitarian mission which had been sent to Bolivia and the confiscation of $30,000 which had been destined for assistance to the families of the imprisoned trade unionists.
2. 234. At its session in November 1980, the Governing Body, on the recommendation of the Committee, noted that a representative of the Director-General had visited the country to examine the trade union situation on the spot, jointly with the Government. The Governing Body expressed its concern at the gravity of certain allegations and recalled as a general principle that a truly free and independent trade union movement could only develop where fundamental human rights were respected. Furthermore, the Governing Body urged the Government to supply its observations on the allegations concerning the death of trade union leaders and to communicate information on the precise circumstances of these deaths if it were true that these persons were no longer alive. It also noted that certain persons mentioned by the complainants had been released but that a significant number of other persons had either been restricted to specified towns or exiled.
3. 235. As a consequence, the Governing Body recalled the principles and considerations to which it was committed concerning measures of arrest, restriction to specified towns and exile, and in particular, the importance of appropriate judicial safeguards, and it asked the Government to supply information on the present position of the other trade unionists mentioned in the complaints. It also called the Government's particular attention to Article 4 of Convention No. 87, ratified by Bolivia, according to which workers' organisations shall not be liable to be dissolved by administrative authority and it expressed the hope that the Bolivian trade unions would soon be returned to their previous status, that the proposed new legislation would be in full conformity with Conventions Nos. 87 and 98 and that in revising the trade union legislation the Government would, as it had indicated was its intention, seek the advice and co-operation of the ILO. It requested the Government to supply information on the progress made in the adoption of this legislation and on the evolution of the trade union situation. The Governing Body noted furthermore that the members of the ICFTU who were arrested during a mission to Bolivia had been released and expelled but, in the absence of observations from the Government on this point, it had requested it to provide information on the alleged confiscation of a sum of money carried by members of the mission.

B. New developments

• (a) Information communicated by the Government
  236. 236 By a communication dated 15 December 1980, the Government reiterates the denunciation which it had made in October 1980 that the Bolivian trade union movement had departed from its proper course and had become a purely political instrument which was being manipulated against the national interest. The Government goes on to say that this situation had made it necessary for it to take certain steps to restore genuine freedom of action to the trade union organisations. It adds that the Bolivian trade union movement has now been freed of all outside pressure and is being reorganised on the basis of "labour relations agents" democratically elected by workers' Committees. The second stage will involve the organisation and establishment of federations pending the establishment of, Confederations on this point, the Government gives its assurances that it will communicate periodic information on the trade union situation in Bolivia and that it will take account of the advice and co-operation of the ILO when revising social legislation.
  237. 237 By a second communication dated 17 December, the Government announces the liberation on 22 November 1980 of all political prisoners and arrested trade unionists. The order for the release was given by the President of the Republic and was rigorously and solemnly carried out, which according to the Bolivian Government, is proof of the grossly distorted nature of the accounts being circulated outside the country.
• (b) New complaints
  238. 238 In communications dated 19 and 22 January 1981, the complainants presented new allegations under the pending complaints procedure. These allegations refer essentially to the assassination, on 15 January 1981 at La Paz, of nine opposition leaders, including several trade unionists who were killed by the police, and to new arrests of trade unionists.
  239. 239 The complainants note in particular the death of Artemio Camargo, a leader of the Bolivian Central of Workers (BCW) and the Federation of Miners, from injuries received and the arrest of Gregorio Andrade, a peasant leader, Walter Delgadillo, a leader of the BCW and Pablo Copa, a leader of the Federation of Miners during clashes with the police. The ICFTU further alleges that Gloria Ardaya was arrested and it expresses its concern at the fate of the trade unionists held in detention.
  240. 240 The WCL also alleges that there has been a new wave of arrests in Bolivia since the end of December. The WCL claims that according to information from various sources, more than 1,000 persons have been arrested since the end of 1980. The military government is said to have used the armed forces to occupy the mining centres and the major factories of La Paz and Cochabamba. The army is alleged to be trying to put certain areas of the country "under arrest". In this connection, the same organisation includes in the annex to its communication a military communiqué entitled communiqué No. 03/80, Telamayu, dated 23 October 1980, which orders students and workers in the mines who do not have a fixed place of abode to report to the military authorities with their identification documents before 30 October 1980 or risk imprisonment for suspected clandestine activities. The WCL claims that several concentration camps have been identified: L'Estancia, El Dorado, San-Joaquin, Puerto Cavinas and Madidi in the department of Beni, Cobija and Puerto Rico in the department of Pando, and it encloses a partial list of prisons and other camps. It alleges that the arrests are generally made during the curfew and that the prisoners held at the Ministry of the Interior or the barracks of the military training centre at Irpavi are deprived of the right to any visits and are tortured.
  241. 241 The WCL alleges furthermore that the Government has dismissed 3,476 trade union leaders employed in the civil service.
• (c) Latest information communicated by the Government
  242. 242 Regarding the allegations concerning the death of Gualberto Vega, the Government states that the inquiries carried out have permitted the conclusion to be arrived at that the person in question does not exist and that he does not appear in any identification register. According to the Government, this person is thus imaginary.
  243. 243 As regards the dismissals which allegedly took place in the public service, the Government states that the large majority of those concerned themselves ceased to carry out their functions.
  244. 244 The Government also states that it is going to revise the general labour law adopted in 1956 which it considers anachronistic and inoperative.
  245. 245 As for the allegation concerning the confiscation of a sum of money brought by the members of the ICFTU on mission in Bolivia, the Government gives its assurance that the sum will be given back very soon by its representative.

C. Conclusions of the Committee

1. 246. The Committee notes the Government's statement that on 22 November 1980 there were no more political prisoners and arrested trade unionists in prison. Since then, the Committee has received complaints relating to the death of nine persons, including several trade unionists, and to the arrest of several trade union leaders and active trade unionists.
2. 247. Firstly, the Committee must note with regret that the inquiries carried out by the Government have not led to the identification of Gualberto Vega. According to the allegations coming from several complainant organisations, it would concern Gualberto Vega Yepura, leader of the Federation of Trade Unions of Mine Workers in Bolivia, representative of the Catavi district, who is said to have died on 17 July 1980 during attacks by the armed forces. Due to the particular seriousness of this allegation, the Committee considers it necessary that the investigations continue with a view to clarifying the facts and it requests the Government to keep it informed on this point.
3. 248. Furthermore, in November 1980, the Committee had expressed the hope that the Bolivian trade unions would be returned to their previous situation and that the proposed new legislation would be in conformity with ILO standards. In this connection, the Committee notes that the Government reiterates its declarations that the Bolivian trade union movement is being organised on the basis of workers' Committees and that the Government gives its assurances that account will be taken of the advice and co-operation of the ILO when its social legislation is revised. The Committee can only insist on the importance of the right of workers to be able to establish and join organisations of their own choosing. It wishes to request the Government to continue to furnish information on developments occurring in the legislative situation.
4. 249. In addition, the Committee notes the assurances given by the Government that the sum of money confiscated from the ICFTU delegation will very soon be returned.
5. 250. As concerns the allegations of the WCL that 3,476 trade unionists employed in the civil service were dismissed, the Committee wishes to point out, while noting the very general observations provided by the Government, that the authorities should not, even during times of political upheaval, undertake anti-trade union activities and should not in particular dismiss trade unionists working in the public sector. The Committee therefore requests the Government to take measures with a view to allowing the workers concerned to be reinstated in their jobs.
6. 251. In the absence of comments by the Government on the new allegations concerning the death of nine leaders of the opposition, including Artemio Camargo, and the arrest of trade unionists including Gregorio Andrade, Walter Delgadillo, Pablo Copa and Gloria Ardaya, the Committee requests the Government to furnish detailed information on these aspects of the case.