Report in which the committee requests to be kept informed of development - Report No 351, November 2008

Case No 2582 (Bolivia (Plurinational State of)) - Complaint date: 30-JUN-07 - Closed

Allegations: Disciplinary proceedings and sanctions of one to three months of suspension from duty of trade union leaders because of their participation in an extraordinary assembly of the trade union organization and the votes they cast at that assembly

1. 232. The Latin American Confederation of Judiciary Workers (CLTJ) presented its complaint in a communication of June 2007. It presented new allegations on 16 August 2007.
2. 233. At its May 2008 meeting, the Committee observed that despite the time which had elapsed since the last examination of the case, it had not received the information requested of the Government. The Committee drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of the case even if the Government’s observations or information have not been received in due time and requested the Government to transmit the information requested as a matter of urgency [see 350th Report, para. 10].
3. 234. 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. The complainant organization’s allegations

1. 235. In its communications of June and 16 August 2007, the CLTJ alleges violation of the right of assembly, reprisals and acts of persecution against the trade union leaders of the National Association of Employees of the Judiciary and the Administration (ANAFUJA). It refers in particular to disciplinary proceedings (No. 13/2006-SER) initiated ex officio by the Council of the Judicature against Ms Magda Valdez Mejía, Chairperson of ANAFUJA–La Paz. Moreover, administrative proceedings were initiated against Ms Ana María Murillo Michel, Chairperson, and Mr Lucio Medrano Flores, General Secretary of ANAFUJA Nacional which resulted in their suspension, for three months and one month, respectively, and in which their right of defence was not observed. According to the complainant organization, these measures were taken as a result of the votes cast by the trade union leaders during an extraordinary assembly of ANAFUJA–La Paz and ANAFUJA Nacional, which took place in accordance with the statutes and regulations and which was convened in reaction to non-compliance with an agreement reached between the judicial authorities and ANAFUJA on 17 August 2005. The assembly voted in favour of strike action with a view to forcing compliance with the agreement and protesting against the restructuring process under way in the judiciary. It was in the light of these decisions that the sanctions were imposed.

B. The Committee’s conclusions

1. 236. The Committee regrets that, despite the time that has elapsed since the case was last examined, the Government has not sent the information requested although it has been invited on various occasions, including by means of an urgent appeal, to submit its observations and comments on the case.
2. 237. Under these circumstances, and, in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is bound to present a report on the substance of the case without the benefit of the information it hoped to receive from the Government.
3. 238. The Committee reminds the Government that the purpose of the whole procedure established by the ILO for the examination of allegations of violations of freedom of association is to promote respect for trade union rights, in law and in fact. The Committee remains convinced that if the procedure protects governments from unreasonable accusations, governments on their side should recognize the importance of formulating, so as to allow objective examination, detailed replies to the allegations brought against them.
4. 239. The Committee observes that, according to the CLTJ, the trade union leaders of ANAFUJA at national level and at the level of the district of La Paz (Ms Magda Valdez Mejía, Chairperson of ANAFUJA–La Paz, Ms Ana María Murillo Michel and Mr Lucio Medrano Flores, members of ANAFUJA Nacional) were the subject of disciplinary proceedings and sanctions of one to three months of suspension from duty because of their participation in an extraordinary assembly of the trade union organization where it was decided, by vote, to authorize a strike condemning the non-compliance by the judicial authorities with an agreement reached on 17 August 2005, and protesting against the restructuring process under way.
5. 240. In this regard, the Committee recalls that no person should be dismissed or prejudiced in employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 771]. The Committee urges the Government to take the necessary steps without delay to ensure that an inquiry is held into the administrative proceedings and the sanctions of suspension imposed on the trade union leaders of ANAFUJA Nacional and ANAFUJA–La Paz and, if it is found that these measures were taken because the trade union leaders legitimately exercised their right to vote at an extraordinary assembly of the trade union, to take the necessary steps to ensure that said measures are set aside and that they are reinstated in their posts with back pay, if this has not been done yet. The Committee requests the Government to keep it informed in this regard.

The Committee's recommendations

1. 241. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee urges the Government to take the necessary steps without delay to ensure that an inquiry is held into the administrative proceedings and the sanctions of suspension imposed on the trade union leaders of ANAFUJA Nacional and ANAFUJA–La Paz and, if it is found that these measures were taken because the trade union leaders legitimately exercised their right to vote at an extraordinary assembly of the trade union, to take the necessary action to ensure that said measures are set aside and that they are reinstated in their posts with back pay, if this has not been done yet. The Committee requests the Government to keep it informed in this regard.