Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report. The Committee also notes the comments submitted in June 1999 by the Bolivian Central of Workers (COB) regarding the dismissal of workers after a strike held to demand application of an arbitration decision.

The Committee takes due note of the information supplied by the Government in reply to the comments it has made for many years which concerned the following:

(1) The exclusion of agricultural workers from the scope of the General Labour Act and thus from the rights and guarantees of the Convention in regard to agricultural workers (section 1 of the General Labour Act and Regulatory Decree). The Committee noted that, according to the Government, section 4 of the final provisions of the Act of the National Institute of Agricultural Reforms provides for these workers to be included in the scope of the General Labour Act and that, with ILO assistance, there had been consensus with the social partners on a draft supreme decree on the regulations on salaried workers which would abolish section 1 of the Act in question. The Committee requests the Government to send it copies of the Act and of the draft supreme decree in question.

(2) The refusal of the right to organize for public servants (section 104 of the General Labour Act). The Committee notes that, according to the Government, the Statute on the Public Service is currently being elaborated and will confer the right of association, assembly and absence of transfer. The Committee requests the Government to send it a copy of the Statute in question.

(3) The requirement that 50 per cent of the workers in an enterprise give their agreement in order to constitute a trade union (section 103 of the General Labour Act). The Committee notes the Government's information that it is prepared to make the requested amendment but that there is political and ideological opposition from the Bolivian Central of Workers. The Committee nevertheless considers that section 103 has the indirect result of making it impossible to establish another organization representing workers' interests in an enterprise. The Committee requests the Government to amend its legislation to bring it into conformity with the principles of freedom of association, seeking a solution acceptable to the social partners, for example by embodying the concept of more representative trade unions.

(4) The wide powers of supervision conferred on the labour inspectorate over trade union activities (section 101 of the General Labour Act). The Committee notes the Government's information that a decree has been promulgated that regulates participation of Ministry of Labour inspectors in the deliberations of trade unions. Under this decree, the inspectors shall take part only at the express request of the duly established interested party. The Committee requests the Government to send it a copy of this decree.

(5) The requirement of Bolivian nationality for eligibility to trade union office (section 138 of the implementing decree of the General Labour Act) and of having permanent employment in the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565 of June 1951). The Committee notes the Government's statement that the requirement of having permanent employment in the enterprise is ineffective and non-applicable but that provisions are being prepared in relation to both requirements for appropriate incorporation in the new Bolivian legislation. The Committee hopes that the sections in question will be repealed in the near future.

(6) The possible dissolution of trade union organizations by administrative decision (section 129 of the decree issuing the General Labour Act of 1943). The Committee notes with interest the adoption of Supreme Decree No. 25421 of 11 June 1999 providing that a ministerial decision dissolving a trade union organization must be transmitted automatically to the labour courts. The Committee requests the Government to indicate whether the ministerial decision must be held in suspense until the judicial authority has given its decision.

(7) Restrictions in respect of the right to strike (a majority of three-quarters of the workers of the enterprise to call a strike) (section 114 of the Act and section 159 of the issuing decree); the unlawful nature of general and sympathy strikes which are liable to penal sanctions (sections 1 and 2 of Legislative Decree No. 02565 of 1951); the unlawful nature of strikes in banks (section 1(c) of Supreme Decree No. 1959 of 1950); and the recourse to compulsory arbitration by decision of the executive power to put an end to a strike (section 113 of the General Labour Act). The Committee notes that the Government states that this matter will be handled during the current updating of labour legislation and has announced that the process has already begun. The Committee hopes that in the near future the sections in question will be repealed.

(8) The Committee requests the Government to send its observations on the comments submitted by the COB.

The Committee expresses the firm hope that the Government will communicate in its next report any information on concrete measures adopted to amend the legislation which has been the subject of comments for many years.