Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bolivia (Plurinational State of) (Ratification: 1990)

Incidence of compulsory prison labour on the application of the Convention. The Committee notes that the information provided by the Government in its report only concerns the arrangements for the performance of work undertaken by convicts, whether in the context of sentences of imprisonment (“presidio” or “reclusión”) or in the framework of sentences to work of general interest. The Committee wishes to recall that work imposed on persons as a consequence of a conviction in a court of law does not in most cases have an incidence on the application of this Convention. However, if a person is compelled to work, for example in the form of prison labour, for expressing certain political views, opposing the established political, social or economic system or participating in a strike, such compulsory labour falls within the scope of the Convention. Accordingly, prison sentences, when they involve compulsory labour, as is the case in the Plurinational State of Bolivia under the terms of section 48 of the Penal Code and sections 181 et seq. of Act No. 2298 of 2001 on the enforcement of sentences, lie within the scope of the Convention when they are imposed as punishment for violating the prohibition to express views or opposition or participate in a strike.

Article 1(d) of the Convention. Punishment for having participated in strikes. In its previous comments the Committee referred to section 234 of the Penal Code, under which advocacy of lockouts, strikes or stoppages declared illegal by the labour authorities is punishable by imprisonment of from one to five years, as well as sections 2, 9 and 10 of Legislative Decree No. 2565 of 6 June 1951 establishing penal sanctions for participation in general strikes and sympathy strikes. The Committee also observed that the legislation respecting strikes establishes a number of restrictions on the exercise of the right to strike, including the requirement for a majority of three-quarters of the workers of the enterprise to call a strike (section 114 of the General Labour Act and section 159 of its Regulations), and the possibility to impose compulsory arbitration by decision of the executive authorities (section 113 of the General Labour Act). The Committee emphasized that excessive restrictions imposed on the exercise of the right to strike have an impact on the application of the Convention insofar as they result in a strike being declared illegal and those who participate in a strike that has been declared illegal being liable to penal sanctions, under which they are subject to compulsory labour.

The Committee once again hopes that the Government will take the necessary measures to ensure that penalties involving compulsory labour cannot be imposed for participation in strikes and that, for that purpose, the provisions referred to above of Legislative Decree No. 2565 and section 234 of the Penal Code, which provide for this type of penal sanction, will be amended or repealed. As the Government indicated previously that these provisions are not applied in practice, the Committee trusts that the legislation will be brought into conformity with the Convention and with existing practice in the very near future.