Rapport définitif - Rapport No. 182, Juin 1978

COMPLAINT CONCERNING THE OBSERVANCE BY BOLIVIA OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), MADE BY A NUMBER OF DELEGATES TO THE 60th (1975) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO

• COMPLAINT CONCERNING THE OBSERVANCE BY BOLIVIA OF THE FREEDOM OF ASSOCIATION AND PROTECTION OF THE RIGHT TO ORGANISE CONVENTION, 1948 (No. 87), MADE BY A NUMBER OF DELEGATES TO THE 60th (1975) SESSION OF THE INTERNATIONAL LABOUR CONFERENCE UNDER ARTICLE 26 OF THE CONSTITUTION OF THE ILO
  5. 5 The Committee last examined this case at its February 1978 Session, when it presented an interim report to the Governing Body.
  6. 6 In addition, at the 60th Session of the International Labour Conference (1975), a number of Workers' delegates filed a complaint under article 26 of the Constitution of the ILO concerning the observance by Bolivia of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). At its 203rd (May-June 1977) Session, the Governing Body, on the recommendation of the Committee, decided to suspend its decision on the desirability of setting up a Commission of Inquiry in connection with this complaint.
  7. 7 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).
  8. 8 Since the Committee last examined this case, the Government has supplied information in a letter dated 8 May 1978

A. Previous examination of the case by the Committee

1. 9. It should be borne in mind that complaints have been coming before the Committee in connection with this case since October 1971. In the years immediately following the change of regime on 21 August 1971, the Committee was called upon to examine allegations relating to the closing down by order of the Government of the Bolivian Central of Workers (COB), the Bolivian Miners' Trade Union Federation (FSTMB) and the La Paz Central of Workers, the takeover of the Bolivian National Urban Schoolteachers' Federation, and the arrest or banishment of trade unionists. In more recent years, the allegations were concerned more particularly with the decrees adopted in November 1974 involving major restrictions on trade union rights in all branches of the economy as well as the trade union situation in the mining industry. Two direct contact missions were carried out in Bolivia - from 25 March to 8 April 1976 and from 17 to 24 July 1976 - by a representative of the Director-General.
2. 10. Furthermore, the complaint filed under article 26 of the Constitution of the ILO refers to observations made by the Committee of Experts on the Application of Conventions and Recommendations with respect to the application of Convention No. 87. Mention was made, in particular, of the comments of 1975 concerning the provisions in the General Labour Act dealing with trade unions.
3. 11. A special national Committee had drafted a new Labour Code and rules of procedure designed to replace, in particular, the General Labour Act. At the request of the Government, the office sent its comments on this text, especially the provisions dealing with trade union rights.
4. 12. In November 1977 the Governing Body had, on the recommendation of the Committee, expressed its regret that, notwithstanding the time which had elapsed, the principles and standards of freedom of association freely subscribed to by Bolivia were still not observed in the country, and had appealed to the Government to re-establish as a matter of urgency, both in law and in practice, the conditions indispensable to the carrying on of normal trade union activities in Bolivia.
5. 13. At its November 1976 Session, the Governing Body had, on the recommendation of the Committee, urged the Government to re-establish normal trade union conditions in the mining sector as soon as possible, to re-examine the list of persons dismissed and the reopening of the miners' broadcasting stations, and to reconsider, in particular, the situation of the workers' and miners' leaders who were still imprisoned or exiled. The Committee and the Governing Body had examined the action taken on these recommendations on several occasions. In particular, at its November 1977 Session, the Governing Body, while noting with interest the release of a certain number of mineworkers, had urged the Government to continue its review of the situation of the other workers' and miners' leaders who were still under arrest or in exile. The Governing Body had also requested the Government to ensure the rapid return of the miners' radio stations to the workers.
6. 14. In broader terms, the Governing Body had suggested that the Government envisage the possibility of granting an amnesty to the other trade union leaders in exile.
7. 15. In January 1978, the Government supplied the following information:
   • - general elections would be held in July 1978;
   • - a general amnesty had been decreed on 17 January 1978; all those who were detained for political reasons had been immediately released and exiles had been allowed to return to the country;
   • - the draft Labour Code had been discussed with workers' and employers' organisations previous to its adoption;
   • - Decree No. 15,267 of 24 January 1978 restored the right of association for trade unions as from 27 January 1978;
   • - effective measures have been initiated in order to reinstate the dismissed miners in their work.
8. 16. Decree No. 15,267 mentioned above provided for the renewal of the executive Committees of the trade union organisations in accordance with the legislation currently in force and with their by-laws, within 60 days in the case of departmental federations and within 90 days in the case of national federations and Confederations. Matters of interpretation or procedure that might arise during this transitional period were to be resolved in each case by means of an agreement between the competent authorities and the representatives of the existing trade union federations in accordance with the legislative provisions currently in force. Provisions contrary to the Decree were repealed.
9. 17. At its February 1978 Session, the Committee noted with satisfaction the information communicated by the Government. It had also studied the official text of the new version of the draft Labour Code, especially of the sections dealing with trade union rights. It noted with interest that certain provisions had been redrafted in such a way as to take into account the comments made earlier by the Office. However, other provisions were not fully in conformity with the principles of freedom of association.
10. 18. Accordingly, at its February-March 1978 Session, the Governing Body had, on the recommendation of the Committee, decided:
    • (a) to note with satisfaction that a general amnesty had been decreed, that trade union elections were to be held very soon and that steps had been taken to reinstate the dismissed miners in their jobs;
    • (b) to express the hope that these measures would make possible the rapid restoration of normal trade union activity in the country, including the return to Bolivia of all exiled trade unionists and the reinstatement of those who had lost their jobs;
    • (c) to express further the hope that the miners' radio stations would very soon be returned to the workers and to their organisations;
    • (d) to draw the Government's attention to the differences that continued to exist between the Conventions on freedom of association (ratified by Bolivia) and the provisions both of the General Labour Act and of the draft Labour Code;
    • (e) to request the Committee of Experts on the Application of Conventions and Recommendations to follow up the matter raised in the preceding subparagraph;
    • (f) to request the Government to communicate, by 1 May 1978 at the latest, information on the development of the trade union situation in the country, particularly in the mining sector.
11. 19. The Governing Body had also requested the Government to transmit information on the evolution of the trade union situation. B. Latest developments
12. 20. In its communication dated 8 May 1978 the Government states that, by virtue of Decree No. 15267, almost all the trade unions have renewed their executive Committees and that the departmental federations are at present doing likewise in a climate of absolute freedom and with all the necessary guarantees. If there has been more delay than was initially envisaged, this has been minimal and completely independent of any outside interference whatsoever in the organisations in question.
13. 21. According to information supplied by the Minister of the Interior, there is no case at present of anyone being detained for political reasons and even less so for trade union reasons. Moreover, all those exiled have been able to return to the country unhindered.
14. 22. As regards the promulgation of the new Labour Code the Government points out that, because of the trade union elections that are presently under way and the forthcoming institutionalisation of the country, it seemed preferable not to hasten the process of promulgation that was originally envisaged. This draft will be one of the first matters to be submitted to the national Parliament after the general elections which are due to take place on 9 July this year. Meantime, the general labour law remains in force.

C. Conclusions of the Committee

1. 23. The Committee notes, with interest, the information provided by the Government. This information shows that most of the decisions taken by the Government on trade union questions at the beginning of 1978 have been, or are being implemented in practice. In particular, it appears that the majority of trade union organisations have now new leaders elected by the membership and that elections within the organisations are now taking place. In addition, there are no cases of persons being detained for trade union reasons and leaders who were in exile have been able to return to the country.
2. 24. As regards the trade union legislation, to which special reference was made in the complaint submitted under article 26 of the Constitution, the Committee notes that the draft of the new Labour Code will be submitted to the national Parliament after the elections. It notes, moreover, that comments on this draft were made by the Committee of Experts on the Application of Conventions and Recommendations at its session in May 1978 and that the matter will be followed by that Committee within the context of the normal procedure for the examination of reports on the application of ratified Conventions.
3. 25. The Committee expresses the hope that the trade union situation will continue to develop favourably, especially in the mining sector and that the radio stations will be returned to the workers and their organisations.