Rapport définitif - Rapport No. 243, Mars 1986

1. 248. Three international labour confederations have presented a complaint against the Government of Bolivia alleging violations of freedom of association: the International Confederation of Free Trade Unions in a telegram of 19 September l985, the World Federation of Trade Unions in a letter of 23 September l985, and the World Confederation of Labour in a telegram of 3 October l985.
2. 249. The ILO sent the Government a telegram requesting its observations on the matter on 24 September l985.
3. 250. The Government sent its observations in a telegram of 18 October l985.
4. 251. Bolivia has ratified the Freedom of Association and Protection of the Right to Organise Convention, l948 (No.87), and the Right to Organise and Collective Bargaining Convention, l949 (No.98).

A. The complainants' allegations

1. 252. The International Confederation of Free Trade Unions (ICFTU) denounces the arrest of all the members of the executive committee of the Bolivian Workers' Confederation (COB) and of the Trade Union Federation of Mine Workers of Bolivia (FSTMB), which took place on 19 September l985 at 3 p.m. The ICFTU explains that these arrests occurred when the union leaders were engaged in a hunger strike at the union offices to protest against economic measures adopted by the Government, that the arrests were carried out by the police and armed civilians and that the fate of the arrested union leaders is at present unknown. The ICFTU also claims that the Government imposed a state of siege and a curfew and that tanks driven by military personnel patrol the streets. The following union leaders were arrested: representing the COB: Juan Lechín, Executive Secretary, Walter Delgadillo, General Secretary, Angel Zaballa, Secretary for International Relations, and Alberto Echazu, Secretary for Internal Affairs; representing FSTMB: Victor López, General Secretary and Justo Pérez, Secretary for International Relations. The ICFTU requests the unconditional release of the arrested union leaders and the safeguarding of their physical well-being.
2. 253. The World Federation of Trade Unions (WFTU) likewise denounces the wave of serious violations of trade union rights perpetrated by the Bolivian Government. It explains that the Government brutally repressed a general strike called by the COB to protest against the deterioration of the standard of living resulting from an agreement between the Government and the Internatinal Monetary Fund, claiming that the Government declared the strike illegal and blocked the wages of strikers, and that the armed forces arrested 2,000 strikers, including Juan Lechín and Walter Delgadillo, who were taken to the El Alto International Airport, the Air Force's military base. The WFTU confirms that a state of emergency has been declared, which may last up to 90 days, as well as a curfew from 2 p.m. to 6 a.m., and indicates that the Minister of the Interior announced that anyone resisting the Government's decisions will be tried within 48 hours. The WFTU adds that the arrested persons have gone on a hunger strike, demanding that they be treated humanely by the police forces. The WFTU demands the immediate release of the imprisoned union leaders and strikers, the resumption of the COB's normal operations, and the respect of trade union rights in Bolivia.
3. 254. The World Confederation of Labour (WCL) also presented a formal complaint against the Government of Bolivia, alleging the flagrant violation of freedom of association and the arrest and banishment of the principal leaders of the COB and many activists. The WCL requests the Director-General to intervene in order to obtain an end of the measures imposed by the Bolivian authorities, under pressure from the IMF and other forces opposed to the labour movement within the country.

B. The Government's reply

1. 255. In its reply of 18 October 1985, the Government indicates that in accordance with articles 96 and 111 of the State's Political Constitution, it decreed a state of siege throughout the national territory in order to safeguard the constitutional order against internal turmoil that threatened the stability of the democratic process.
2. 256. According to the Government, these disturbances were caused by certain political elements, acting under the cover of trade unions. These elements sought to instigate uprisings and sedition. They conspired against national security, blocking transport and communications and isolating the country from the rest of the world. The state of siege declared by the Executive was ratified upon its imposition, and later authorised to continue by the National Congress. In the Government's opinion, these procedures confer complete legality on the measure. The Government also indicates that, since the disturbances have ceased and the country's political and social situation has returned to normal, no one is now under arrest or in prison.

C. The Committee's conclusions

1. 257. The Committee notes that this case concerns a wave of arrests in the Bolivian trade union movement following a general strike called on 19 September l985 for economic and social reasons, as well as the declaration of a state of siege.
2. 258. The Committee also notes the Government's contention that the strike in question paralysed the country by cutting it off from the rest of the world, and that the state of siege it had proclaimed was approved by Congress.
3. 259. In light of the seriousness of the allegations concerning the arrest of trade union leaders and activists, their detention over a period of several days, and the banishment of a number of them for having participated in a strike, the Committee firmly recalls that the detention of trade union leaders for activities related to the exercise of their trade union rights is contrary to the principle of freedom of association, and that the banishment of union leaders for activities related to the exercise of their functions constitutes not only an infringement of human rights, but also interference in the activities of the organisation to which they belong.
4. 260. Nevertheless, since the Government claims that the country's political and social situation has returned to normal, and that no one is now under arrest or in prison, and since the complainants have not presented any new allegations, the Committee understands that the trade union situation has developed favourably. The Committee therefore expresses the hope that this trend will continue, and that through dialogue with all trade union forces in the country, Bolivia's social and economic problems will thus be able to be resolved in a climate of respect for civil liberties, within an industrial relations framework which has the confidence of the interested parties.