Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes that the Government’s report has not been received. It notes the comments of 28 August 2007 by the International Trade Union Confederation (ITUC), which refer to matters raised by the Committee and complain of the sluggishness of legal proceedings concerning the exercise of trade union rights. The Committee requests the Government to send its comments on the above.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee had requested the Government to take steps to update the amount of the fines (from 1,000 to 5,000 bolivianos) established in Act No. 38 of 7 February 1944 (former Legislative Decree No. 38) to make them sufficiently dissuasive against acts of anti-union discrimination or interference.

Articles 4 and 6. The Committee observed previously that the legislation denies public employees the right to organize and requested the Government to take steps to have it amended so that public employees not engaged in the administration of the State have the right to bargain collectively through their organizations.

The Committee draws attention to the gravity of these breaches of the Convention which have persisted for many years, and notes with regret that, despite assistance from the Office in 2004, there has been no progress on the issues raised. It reminds the Government that it is important to take measures to ensure that the Convention is fully applied and requests it to send information in its next report on any developments in this respect.

Lastly, because there were so few collective agreements, the Committee had asked the Government to take measures, in accordance with Article 4 of the Convention, to encourage and promote the full development and utilization of machinery for collective bargaining between employers and their organizations and workers’ organizations. The Committee reiterates that request and asks the Government to send information on the number of collective agreements concluded and the subjects they cover.