Informe provisional - Informe núm. 129, 1972

Caso núm. 685 (Bolivia (Estado Plurinacional de)) - Fecha de presentación de la queja:: 29-OCT-71 - Cerrado

1. 282. The complaint of the Latin American Federation of Christian Trade Unions is contained in a communication dated 29 October 1971, addressed direct to the ILO. In a further communication, dated 1 December 1971, the complainants submitted additional information in support of the complaint.
2. 283. The complaint and additional information were transmitted to the Government, which communicated its observations thereon in a letter dated 11 January 1972.
3. 284. Bolivia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but not the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 285. In its communication dated 29 October 1970, the Latin American Federation of Christian Trade Unions states that the Government continues to violate the most elementary rights of workers in Bolivia. The complainants point out that a few days previously three representatives of the Confederation of Manufacturing Workers of Bolivia, who had been invited by the complainants to attend a seminar for the River Plate Basin in Buenos Aires, were arrested at La Paz airport by police and army forces.
2. 286. The complainants add that there is a continually growing list of trade union leaders and members held in veritable concentration camps in the interior of the country and that many are tortured, murdered, abducted without trace, or exiled.
3. 287. In the further communication dated 1 December 1971, the complainants state that at the Sixth Latin American Congress of CLASC, held in Caracas from 21 to 27 November 1971, lists were drawn up of those trade union leaders who had been deprived of their liberty in Bolivia. According to the complainants, these lists are based on reliable information collected from within the country. Copies of the said lists are supplied by the complainants.
4. 288. The above lists contain the names of the following 16 trade union leaders who are stated to have been deprived of their liberty: Juvenal Garabito (Cochabamba), Carmelo Andrade (" Presencia " newspaper), Jacinto Quispe (General Secretary, ASIB), Roberto Moreira (court employee), Erasmo Barrios Villa (Potosi University Workers), Luis Peñaranda (Executive, Press Federation), Rodolfo Brum (Nueva América Radio), Victor Michel (Delegate, Huanuni Assembly), Angel Astete (Secretary, Miners' Cultural Association, San Florencio), Julián Jiménez (Colquiri Miners' Associations), Juan Flores (Secretary, Federation of Manufacturing Workers, La Paz), Patricio Cuentos (Secretary, Disputes Section, Federation of Manufacturing Workers, La Paz), Pedro Cruz (Disputes Secretary, State Teachers' Union, Mina de Huanuni, Oruro), and Lindo Fernández, David Quiñonez and René Higueras (Bolivian Workers' Confederation-COB). In addition, the complainants supply a list of women who they allege have been imprisoned. This list includes the names of Edmy Alvarez Daza, a leader of the Bolivian Workers' Confederation, and Emma de Bacarreza, leader of the La Paz Teachers' Union. The complainants state that the house of the latter was searched and that she was taken to the Ministry of the Interior to make statements. This, continued the complainants, lasted several days, during which her house was watched by the police.
5. 289. In its communication of 11 January 1972 the Government states that following the coup d'état of October 1970, the Government of Torres González, which lacked popular support, was forced by extreme left-wing parties to follow a policy which bred fear and insecurity in all sectors of the country. A number of extremist agitators made their way into the Bolivian workers' movement, which had achieved much in the past.
6. 290. The Government claims that all workers' organisations enjoy every guarantee towards their development but that some leaders had compromised themselves politically with the Government which was deposed in August 1971, by substituting political activities for trade union activities. These few trade union leaders, on 19 August in Santa Cruz, and on 21 August in La Paz, distributed arms to workers and students whom they had incited against their own brothers.
7. 291. The Government states that the free functioning of the following organisations is proof that freedom of association is observed: the Confederation of Manufacturing Workers of Bolivia, with 137 member unions; the Trade Union Federation of Railway Workers, with 27 member unions; the Confederation of Bank Employees and Allied Workers, with 32 member unions; the Trade Union Confederation of Drivers of Bolivia, with 27 member unions; the Trade Union Confederation of Building Workers, with 25 member unions; the Confederation of Municipal Workers, with 4 member unions; and the National Federation of Mine Workers, with 46 member unions. Altogether, states the Government, 7 Confederations, 40 federations, 39 trade unions and other organisations are functioning normally.
8. 292. The Government adds that the small number of former trade union leaders who were arrested when it was proved that they had been involved in activities against the security of the State have been released, and that others will be tried before the ordinary courts.
9. 293. The aim of the labour policy of the Government is the independence of the Bolivian workers' movement. There is no justification, states the Government, for any state intervention in the internal affairs of trade unions, provided they are not misled by anarchists.

B. B. The Committee's conclusions

1. 294. The Committee notes that the complaint concerns mainly the arrest at La Paz airport of three representatives of the Confederation of Manufacturing Workers of Bolivia in October 1970, and the detention of a number of trade union leaders, whose names are supplied by the complainants. The Government, in reply to the complaint, makes no reference to the specific allegations made in this respect by the complainants, but confines itself to stating that a number of trade union leaders had compromised themselves with the previous Government, that a small number of leaders who were arrested have been released and that others will be tried by the ordinary courts.
2. 295. The Committee has often emphasised that, when detailed factual charges are put forward, governments should formulate detailed factual replies for objective examination by the Committee. In the present case, while the Committee has noted the information supplied by the Government concerning the number of trade union organisations which appear to be functioning normally in Bolivia, the Committee considers that it is unable to express a considered view to the Governing Body with regard to the complaint since the Government has supplied no specific information in reply to the allegations concerning the arrest and detention of the persons referred to or named in paragraphs 285 and 288 above. In a number of cases where there were allegations that trade union leaders or workers had been arrested for trade union activities, and the governments' replies amounted to general denials of the allegations or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security, or for common law crimes, the Committee followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings, in order to be able to make a proper examination of the allegations.

The Committee's recommendations

1. 296. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note the information supplied by the Government with regard to the trade union situation in Bolivia;
   • (b) to draw the attention of the Government to the principle expressed in paragraph 295 above and to request the Government to supply detailed information concerning the judicial proceedings instituted against the trade union leaders referred to in paragraphs 285 and 288 above, as well as the text of the sentences and the grounds adduced therefor; and
   • (c) to take note of this interim report, it being understood that the Committee will present a further report when it has received the information requested in subparagraph (b) of this paragraph.
     • Geneva, 25 February 1972. (Signed) Roberto AGO, Chairman.