Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 observes with concern that it has been making comments on the application of the Convention in relation to the following points for many years:

(1)  the exclusion of agricultural workers from the scope of the General Labour Act of 1942, and therefore from the rights and guarantees of the Convention (section 1 of the General Labour Act of 1942 and Regulatory Decree No. 224 of 23 August 1943 issued under the General Labour Act);

(2)  the denial of the right to organize of public servants (section 104 of the General Labour Act);

(3)  the requirement that 50 per cent of the workers in an enterprise give their agreement to establish a trade union in any industry (section 103 of the General Labour Act);

(4)  the broad powers of supervision conferred upon the labour inspectorate over trade union activities (section 101 of the General Labour Act);

(5)  the requirement to be of Bolivian nationality for eligibility to trade union office (section 138 of the Regulatory Decree) and to be a permanent employee of the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565, of June 1951);

(6)  the possibility of the dissolution of trade union organizations by administrative decision (section 129 of the Regulatory Decree);

(7)  restrictions on the right to strike: (i) requirement of three-quarters of the workers of the enterprise to call a strike (section 114 of the General Labour Act and section 159 of the Regulatory Decree); (ii) the illegality of general and sympathy strikes, subject to penal sanctions (sections 1 and 2 of Legislative Decree No. 2565); (iii) the illegality of strikes in the banking sector (section 1(c) of Supreme Decree No. 1959 of 1950); and (iv) the possibility of imposing compulsory arbitration by decision of the executive authority in order to bring an end to a strike, including in services other than those that are essential in the strict sense of the term (section 113 of the General Labour Act).

I.  Article 2 of the Convention. Right of workers, without distinction
  whatsoever, to establish organizations of their own choosing

  A.  Agricultural workers

The Committee notes the Government’s indication that draft legislation has been prepared entitled "Regulations respecting rural wage employment", which is at its initial stage and will be examined in a tripartite context so that, once the necessary consensus has been obtained, it can be submitted to Congress for approval. The Committee once again emphasizes the importance of the right to organize for all agricultural workers, whether they are wage earners or self-employed workers, and expresses the firm hope that the above Bill will guarantee the right to organize of these categories of workers. The Committee requests the Government to keep it informed of developments relating to the Bill and to send a copy of it when it has been adopted.

  B.  Public servants

The Committee regrets to note that under section 104 of the General Labour Act and section 7 of the Act issuing the conditions of service in the public service of 1999, the right to organize of this category of workers is still not recognized, thereby excluding public servants from the right to establish trade unions, irrespective of their classification or position. The Committee notes the Government’s indication that, in view of the socio-political situation experienced by the country, it maintains its position with regard to the provisions of the conditions of service of the public service, although it does not discard the possibility that they may be revised in the near future. The Committee recalls that Article 2 applies to all workers without distinction whatsoever, including those engaged in the centralized public sector, and once again urges the Government to take the necessary measures as soon as possible to ensure that this category of workers is granted the right to organize in the very near future.

In general, with regard to the other matters raised by the Committee, the Government indicates that, despite its intention to update the General Labour Act, the Central of Bolivian Workers is reticent about any change or study with a view to improving the current Act, particularly in view of the current national and global situation. The Government adds that it will nevertheless make every effort to take the necessary measures in the near future within a tripartite context, with a view to formulating and adopting new legislation, which will contain provisions guaranteeing and taking into account the observations of the ILO. The Committee notes that the Government requests the Office to provide technical assistance to a tripartite committee with the principal objective of amending the General Labour Act, in accordance with the observations and recommendations made by the Committee. The Committee hopes that, with the Office’s assistance, the Government will be in a position to amend its legislation in relation to the various aspects referred to by the Committee in order to bring it into conformity with the Convention. The Committee requests the Government to provide information in its next report on the measures adopted in this respect.

Observations made by the Central of Bolivian Workers (COB)

The Committee once again requests the Government to provide information on the dismissal of workers of the SABSA enterprise as the result of a strike.