Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 reply to the observations of the International Trade Union Confederation (ITUC) of 30 August 2013, which referred to a confrontation between the police and trade union demonstrators which resulted in seven persons being wounded and 37 arrested and prosecuted. The Committee notes the Government’s indication that strikes, stoppages and street blockages often turn violent and police intervention is necessary to maintain public order. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations. The Committee also wishes to recall that the arrest and detention of trade union leaders and members, even for a short period, for the exercise of their legitimate trade union activities, is a violation of the principles of freedom of association set out in the Convention. The Committee therefore trusts that the Government will ensure respect for these principles and requests it to provide further information on the investigations conducted and related judicial procedures. The Committee also notes the observations of the International Organisation of Employers (IOE) of 2015 and 2016, which were of a general nature.

Legislative issues. In its last observation, the Committee noted the repeal of section 234 of the Penal Code through the adoption of Act No. 316 of 2012 and requested the Government to confirm whether, following the reform of the Penal Code, Legislative Decree No. 2565 had been repealed. The Committee once again requests the Government to confirm whether, following the reform of the Penal Code, Legislative Decree No. 2565 has been repealed.

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 on 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); in this regard, the Committee notes the Government’s indication that the conduct of labour inspectors must be within the framework of Article 51 of the Political Constitution of the State of 2009, that is with deep-rooted respect for the principles of trade union unity, trade union democracy and the ideological and organizational independence that shall be enjoyed by all trade unions;
• -the requirement that trade union officers must be of Bolivian nationality (section 138 of the Regulatory Decree) and regular 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 administrative authority (section 129 of the Regulatory Decree); and
• -the requirement of a three-quarters majority of the workers 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 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 the information provided by the Government that: (i) work is being carried out together with the Bolivarian Workers’ Confederation on the drafting of a new Labour Code; and (ii) with regard to the right to organize of public servants, a preliminary draft has been prepared of new legislation governing public servants, with adjustments being made to its drafting. The Committee trusts that the new legislation governing public servants and the new Labour Code will be adopted in the very near future and that, taking into account the comments made by the Committee, they will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on any developments in this regard and recalls once again that, if it so wishes, it may have recourse to ILO technical assistance.