Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bolivia (Plurinational State of) (Ratification: 1965)

The Committee recalls that its previous comments concerned the refusal of the right to organise to public servants (section 1 of the General Labour Act, of 29 May 1939); the requirement of previous authorisation for the establishment of a trade union (section 99 of the Act and section 124 of the Decree issued thereunder, of 23 August 1943); the impossibility of setting up more than one union in an enterprise (section 103 of the Act); the wide powers of supervision of the labour inspector over the activities of trade unions (section 101 of the Act); the possibility that trade unions may be dissolved by administrative authority (section 129 of the Decree); and the power of the executive to prohibit strikes by imposing compulsory arbitration (section 113(c) of the Act).

The Committee notes the information supplied by the Government in its report, particularly concerning the setting up of a commission to formulate a draft of the new General Labour Act, with the technical assistance of the ILO, and the Government's clear intention that this draft of the Act should be in complete conformity with the ILO Conventions on which the Committee of Experts has made observations.

1. Public servants

The Committee wishes once again to request the Government to supply information in its next report on the current situation regarding the Bill on the right to organise of public servants, which was drafted on 22 February 1983 and approved by the Chamber of Deputies.

2. The impossibility of setting up more than one trade union per enterprise (section 103 of the Act)

The Committee notes the Government's statement to the effect that section 103 does not prevent the establishment of more than one trade union in an enterprise, but that the social situation and the history of the trade union movement in the country are such that only one trade union is formed in an enterprise. The Government adds that such "freedom" would only result in a weakening of the trade union movement and could be used by those who seek to divide it and diminish its achievements.

The Committee notes the Government's argument regarding the risk of weakening the trade union movement within the enterprise, but once again points out that section 103 of the Act provides that it is not possible to set up a trade union with fewer than 50 per cent of the workers in an enterprise. In the view of the Committee, the obligation to assemble such a high percentage of workers to form a trade union constitutes an obstacle to the right of workers to set up organisations of their own choosing. The Committee recognises that bargaining privileges may be granted to the most representative union in an enterprise, but has always considered that national laws should not prevent workers from coming together in more than one trade union organisation in an enterprise should they so wish. In such cases, minority trade union organisations should be able to defend the individual interests of their members and to assert their representativity in accordance with objective criteria laid down in advance. The Committee is addressing a direct request to the Government on the subject of setting up more than one trade union in an enterprise.

3. The wide powers of supervision over the activities of trade unions conferred on the labour inspector (section 101 of the Act)

The Committee notes that, according to the Government, the provision that labour inspectors shall be present at discussions and supervise the activities of the executive committees of trade unions has fallen into abeyance.

In view of this situation, the Committee once again expresses the firm hope that the Government will be able to bring its legislation into conformity with current practice and will repeal the above-mentioned provision in the near future.

4. Dissolution of trade union organisations by administrative authority (section 129 of the Decree)

The Committee notes the Government's statement that this provision is not applied. The Committee is once again addressing a direct request to the Government concerning section 129 of the Decree.

5. Compulsory arbitration (section 113(c) of the Act)

The Committee had noted that, according to the Government, sections 105 et seq. of the Act and section 150 of the Decree issued thereunder provide that workers' claims shall be submitted to conciliation and arbitration and that, during this procedure, neither workers nor employers may call a strike or effect a lock-out.

However, the Committee considers that the possibility left to the executive to make the decision of an arbitration court compulsory by special order (section 113(c) of the Act) is equivalent to prohibiting recourse to strikes, which should only occur in relation to essential services in the strict sense of the term, that is, those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in an acute national crisis.

Furthermore, the Committee is addressing a direct request to the Government concerning restrictions on the right to strike and the election of trade union officials.

The Committee requests the Government to indicate in its next report the measures that have been adopted, in particular within the context of the general labour legislation drafted with the assistance of the ILO, to bring its legislation into conformity with the Convention.