Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 30 August 2013, and particularly its allegations concerning police aggression during trade union demonstrations. The Committee requests the Government to provide its observations on this subject.

Legislative issues. The Committee recalls that for many years it has been commenting on the following matters:

• – the exclusion of agricultural workers from the scope of the General Labour Act of 1942 (section 1 of the General Labour Act, and its Regulatory Decree No. 224 of 23 August 1943), which implies their exclusion from the guarantees afforded by the Convention;
• – the denial of the right to organize of public servants (section 104 of the General Labour Act);
• – the excessive requirement of 50 per cent of the workers in an enterprise to establish a trade union, in the case of an industrial union (section 103 of the General Labour Act);
• – the broad powers of supervision conferred upon the labour inspectorate over trade union activities (section 101 of the General Labour Act, which provides that labour inspectors shall attend the deliberations of trade unions and monitor their activities);
• – the requirement that trade union officers must be of Bolivian nationality (section 138 of the Regulatory Decree) and permanent employees in the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565 of June 1951);
• – the possibility of dissolving trade union organizations by the administrative authority (section 129 of the Regulatory Decree);
• – the requirement of a three-quarters majority of the workers in order to call a strike (section 114 of the General Labour Act and section 159 of the Regulatory Decree); the illegality of general strikes, subject to penal sanctions (sections 1 and 2 of Legislative Decree No. 2565 and section 234 of the Penal Code); the illegality of strikes in the banking sector (section 1(c) of Supreme Decree No. 1958 of 1950); and the possibility of imposing compulsory arbitration by decision of the executive authorities 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).

The Committee notes with satisfaction the information provided by the Government concerning the repeal of section 234 of the Penal Code following the adoption of Act No. 316 of 2012. The Committee requests the Government to confirm whether, following the reform of the Penal Code, Legislative Decree No. 2565, referred to above, has been repealed.

The Committee also notes the Government’s indication that: (i) a new General Labour Act is being prepared which, among other matters, provides for the inclusion of rural and agricultural workers so that they can benefit from all social rights, and envisages a requirement of 20 workers to establish a union at the enterprise or industrial level; and (ii) with regard to the right to organize of public officials, a Bill on public servants has been prepared which is to be examined and approved by the legislative authorities.

The Committee expresses the firm hope that the new General Labour Act and the Act on public servants will be adopted in the very near future and that they will be in full conformity with the provisions of the Convention. The Committee requests the Government to report any developments in this respect and recalls that, if it so wishes, it may have recourse to technical assistance from the Office.