Report in which the committee requests to be kept informed of development - Report No 214, March 1982

Case No 1093 (Bolivia (Plurinational State of)) - Complaint date: 24-NOV-81 - Closed

1. 378. The International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL) presented complaints of infringement of trade union rights in Bolivia in communications dated 24 and 25 November 1981, respectively. The Government sent its observations in a letter dated 12 January 1982.
2. 379. Bolivia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainants

1. 380. In its complaint, the ICFTU refers to a strike called by the Huanuni, Catavi, Siglo XX and San Jose miners for the purpose of obtaining restoration of trade union rights and better living and working conditions. The ICFTU states that the police arrested more than 15 trade union leaders.
2. 381. The WCL, for its part, alleges that more than 200 workers have been arrested since 18 November 1981 and mentions the names of 13. It adds that the Government refuses to recognise the leadership of trade unions and has prohibited the right to strike. Lastly, it claims that the trade unionists arrested have been tortured.

B. The Government's reply

1. 382. The Government considers that the complaints by the ICFTU and the WCL are a result of affirmations by former Bolivian trade union leaders oriented more towards political than trade union purposes. According to the Government, those leaders, in wishing to justify the economic assistance they receive from international Confederations, have attempted to distort the true picture of the Bolivian social process which the Confederations might have acquired from more objective information.
2. 383. As regards the dispute at the mines, the Government explains that, in the days preceding 18 November 1981, persons with no trade union responsibility called illegal strikes in the Huanuni, Catavi, Siglo XX and San José mining undertakings. All of those mines belong to the Bolivian State. The strike movement caused losses of over 5 million American dollars. In those circumstances, the Government ordered the remand in custody of several unionised workers for infringement of certain provisions of Bolivian law. Subsequently, all of those workers were released.
3. 384. Lastly, with a view to solving the dispute and with the mediation of the Catholic Church, the Government carried out negotiations with the workers' legal representatives, resulting in the establishment of three Committees to discuss (1) resumption of trade union activities, (2) reopening of trade union radio broadcasts, and (3) an increase in wages and salaries. The Committees began to meet on 8 December 1981. In conclusion, the Government expresses its astonishment at the use, of the terms "torture, and "persecution" in describing the way in which labour disputes are settled in Bolivia.
4. 385. The Government attaches to its letter a newspaper cutting from Hoy (La Paz) dated 20 December 1981, stating that the Government and the miners had decided that plant Committees would resume their activities at once, that trade unions would begin to operate again within 90 days and that federations would be set up within 180 days.

C. The Committee's conclusions

1. 386. This case relates to a strike called by miners in November 1981. Although the Government, in its reply, refers to the political nature of the complaints, the Committee must note that the reasons giving rise to the strike were related to trade union demands (protection of trade union rights and better working conditions).
2. 387. The Committee must therefore recall that strikes are one of the essential and legitimate means available to workers for protecting their interests and consequently no one should be subjected to pressure of any kind for having launched or taken part in a strike for the purpose of protecting and promoting these interests.
3. 388. Concerning the measures of preventive detention taken by the Government, the Committee, while noting that the trade unionists have now all been released, must stress that the adoption of such measures against workers' representatives in connection with activities related to the protection of the workers' interests endangers the free exercise of trade union rights.
4. 389. The Committee notes that Committees have been set up to deal with each of the demands put forward by the miners with a view to settling the dispute. According to the information in the Committee's possession, an agreement has apparently been signed regarding the gradual resumption of the activities of trade union organisations (plant Committees, trade unions and federations, but apparently not Confederations). The Government does not supply any information on the results reached by the other Committees. Accordingly, the Committee would like to be kept informed of the findings of the other Committees set up for settling the dispute. The Committee also notes that a case concerning the general trade union situation on Bolivia (Case No. 983) is still pending. It is the Committee's intention therefore to keep the resumption of activities of trade union organisations under review within the context of that case.

The Committee's recommendations

1. 390. In these circumstances, the Committee recommends the Governing Body to approve the following conclusions:
   • (a) Regarding the Government's decision to declare the miners' strike illegal, the Committee recalls that strikes are one of the essential and legitimate means available to workers for protecting their interests.
   • (b) Regarding the measures of preventive detention, the Committee, while noting that the trade unionists have been released, draws the Government's attention to the fact that the adoption of such measures against workers' representatives in connection with activities related to the protection of the workers' interests endangers the free exercise of trade union rights.
   • (c) Regarding the outcome of the dispute, the Committee notes that an agreement has been signed concerning the resumption of activities of trade union organisations. It requests the Government to keep it informed of the findings of the other Committees set up for solving the dispute.