Rapport intérimaire - Rapport No. 124, 1971

1. 81. 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). At its session in February 1970 the Committee submitted to the Governing Body a further interim report, which appears in paragraphs 276 to 315 of its 116th report, as approved by the Governing Body at its 178th Session (March 1970).
2. 82. To enable it to continue its examination of the case the Committee recommended the Governing Body (paragraph 315 of its 116th report) to ask the Government, as a matter of urgency, to supply detailed information and observations with regard to the allegations relating to the imprisonment and banishment of Mr. Barrisueta, a leader of the Bolivian Trade Union Action (ASIB), and its observations on the facts alleged concerning the elections at the Siglo XX mines (paragraph 315 (e) and (f) of the 116th report). In a communication dated 15 February 1971 the Government supplied further information relating to the case.
3. 83. 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

1. 84. In its latest communication, the Government confines itself to outlining, in general terms, the improved status of the trade union movement since the revolutionary regime came to power in Bolivia on 7 October 1970. The Government further states that there are, at present, no political or trade union prisoners in Bolivia, and that the anti-labour policy of dissolving the leadership in the mining and industrial centres which was carried out by previous regimes has been completely reversed. The Government includes in its communication a copy of another communication received by it from the Bolivian Workers' Confederation (COB), which makes reference to the complaint before the Committee and adds that, despite the systematic persecution under previous regimes, workers' associations were able to remain intact although their activities and influence were limited as a result of the attitude of these governments. The Government contends that the complaint submitted by the World Confederation of Labour should now be examined in the light of this statement since, in the opinion of the Government, it clearly shows the present position of the Bolivian trade union organisations.

B. B. The Committee's conclusions

1. 85. The Committee feels obliged to point out that one of the principles established in the procedure for the examination of alleged infringements of trade union rights is that, where precise allegations are made, the Committee cannot regard as satisfactory replies from governments which are confined to generalities. It also draws the attention of the Government to the principle established in earlier cases that, where a change of regime has taken place in a country, the new government should take all necessary steps to remedy any continuing effects which events complained of as having taken place under its predecessor may have had since its accession to power. In the present case, the Committee is of the opinion that, while the new government cannot be held responsible for the events which gave rise to the complaint, the effects of the events which gave rise to the allegations concerning the imprisonment of Mr. Barrisueta and the elections at the Siglo XX mines could, without information to the contrary, be of a continuing nature.
2. 86. The Committee recalls that Mr. Barrisueta was alleged to have been arrested on 19 December 1968, subjected to severe physical torture and banished, and, in view of the nature of this allegation, the Committee requested the Government to supply, as a matter of urgency, detailed information and its observations on the matters referred to in the complaint (paragraph 284 of the 116th report). As regards the allegation relating to the elections at the Siglo XX mines, which was contained in the communication of the complaining organisation dated 30 December 1968, the Committee, at its session in February 1970, having received no reply to its request for observations, again recommended the Governing Body (116th report, paragraph 315 (f)) to invite the Government to send its observations on the facts alleged. No reply to either of these allegations has yet been received by the Committee.