Informe provisional - Informe núm. 214, Marzo 1982

Caso núm. 983 (Bolivia (Estado Plurinacional de)) - Fecha de presentación de la queja:: 18-JUL-80 - Cerrado

1. 461. The Committee already examined this case at its November 1980 and February 1981 Sessions, when it presented interim reports to the Governing Body.
2. 462. Since then the complainant organisations have sent the ILO the following communications: the World Confederation of Labour (WCL), communications dated 28 April and 23 June 1981; the Latin American Federation of Farm Workers (FCLA), a communication dated 23 June 1981; the International Confederation of Free Trade Unions (ICFTU), communications dated 24 June, 26 June and 7 July 1981 and 15 January 1982; the external co-ordination secretariat of the Bolivian Central of Workers (COB), communications dated 26 June and 3 July 1981; the Latin American Central of Workers (CLAT), a communication dated 4 July 1981; and the world Federation of Trade Unions (WFTU), a communication dated 6 July 1981.
3. 463. The Government, for its part, sent observations in letters dated 20 July 1981, 25 and 28 January, 11 and 17 February 1982.
4. 464. 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. Previous examination of the case

1. 465. The complaints presented in this case related to repressive action taken against the trade union movement following the change of government on 17 July 1980. The allegations mainly concerned the violent death of certain trade unionists, including Gualberto Vega Yapura, a leader of the Trade Union Federation of Bolivian Mineworkers, and the arrest of numerous trade union leaders and militants. The external co-ordination secretariat of the Bolivian Central of Workers had supplied a list of more than 400 persons arrested, which was transmitted to the Government for its observations. The complaints also related to the dissolution by administrative authority of the Bolivian Central of Workers and almost all the trade union organisations. Following a mission carried out on the spot by a representative of the Director-General in October 1980, the Committee proceeded to an initial examination of the case in November 1980. Subsequently, the Committee received additional complaints concerning the death of several trade unionists and the arrest of trade union leaders and militants.
2. 466. At its March 1981 Session, the Governing Body, on the Committee's recommendation, expressed its concern at the gravity of the allegations which continued to be brought to its knowledge. It recalled that a free and independent trade union movement can only develop where fundamental human rights are respected. Concerning the specific allegations of the complainants, the Governing Body requested the Government to continue its investigation into the death of Gualberto Vega and to supply information on the circumstances surrounding the death of certain trade union leaders, including Artemio Amargo, on 15 January 1981. The Governing Body also requested the Government to supply as precise information as possible on the fate of Gregorio Andrade, a peasant leader, Walter Delgadillo, a leader of the COB, Pablo Copa, a leader of the Federation of Miners, and Gloria Ardaya, alleged to have been arrested in January 1981. Lastly, as regards the revision of the trade union legislation, the Governing Body requested the Government to continue to keep it informed of the progress made in this connection, and expressed the firm hope that the legislation so amended would be in full conformity with the provisions of Conventions Nos. 87 and 98, ratified by Bolivia, and would lead rapidly to the restoration of freedom of association in the country.

B. Further allegations

1. 467. In its communication of 28 April 1981, the WCL supplies particulars about the circumstances in which Gregorio Andrade, a peasant leader and member of the COB executive Committee, was arrested on 15 January 1981 after his arrest, he is said to have been held in the Political Department prison in La Paz and to have disappeared after 12 March 1981. The WCL also refers to the disappearance, since 17 July 1980, of René Sanchez, secretary of the Federation of Industrial Workers of La Paz lastly, the WCL states that numerous workers were arrested following trade union reactions to the economic measures adopted by the Government in mid-January 1981, including the trade union leader, Bernabé Quiroz, who was killed and whose corpse was handed over to his family by the army.
2. 468. The communications sent by the complainant organisations in June and July 1981 concern the arrest of Genaro Flores, secretary-general of the COB for farm workers and general co-ordinator of the COB underground. According to the complainants, Genaro Flores belonged to a group of 22 trade union leaders who were attacked on 19 June 1981 by paramilitary groups and then arrested. Seriously wounded by bullets in the spine, Genaro Flores was transported to the police hospital in La Paz. Fearing that his life was in danger, the complainant organisation requested the Director-General to intervene so that. Mr. Flores would be allowed to leave Bolivia for a country where he could receive care.
3. 469. Lastly, the external co-ordination secretariat of the COB alleges that Marcelo Quezada, a journalist of the COB magazine, was arrested in La Paz on 23 June 1981.

C. The Government's replies

1. 470. Regarding the death of the trade union leaders, Gualberto Vega and Artemio Camargo, the Government regrets to confirm in its communication of 28 January 1982 that these two persons died, on 17 July 1980 and 15 January 1981, respectively.
2. 471. The Government also states that Pablo Copa, Walter Delgadillo and Gloria Ardaya have gone into exile in different countries of Europe.
3. 472. As regards the position of Genaro Flores, the Government, after pointing out in its letter of 20 July 1981 that this trade union leader had been wounded by the police when attempting to escape and was receiving proper care, states in, its communication of 28 January 1982 that he is now in exile in Europe.
4. 473. Regarding the trade union situation in general, in its letter of 25 January 1982 the Government states that it concluded an agreement with the mineworkers' representatives on 19 December 1981, with the Catholic church acting as mediator, as part of the efforts being made to bring about, through dialogue, a gradual return to normal trade union activities by sectors. The Government supplies the text of the agreement in question along with its communication of 11 February 1982.
5. 474. The Bolivian workers' right of association is fully recognised under that, agreement. Consequently, like the mineworkers, and immediately after hem, other workers will re-establish their trade union organisations according to a sectoral timetable fixed by the Ministry of Labour.
6. 475. The mineworkers will set up their trade unions and federations within 90 and 180 days, respectively, from the date of the agreement. The National Directorate of Bolivian workers will be re-established within 365 days when all of the sector have organised their federations and Confederations.
7. 476. Pending the implementation of his timetable, the workers will be represented in their relations with the employers by plant Committees democratically elected in each sector of activity. In this connection the Government has adopted Resolution No. 014/82 dated 21 January 1982 which sets out the organisation of the elections, prescribes that there will only be one plant Committee per undertaking and that candidates for these Committees shall fulfil certain conditions, in particular, to be born in Bolivia, to have worked at least one year in the undertaking concerned and not to have been convicted of any criminal charge. In addition, negotiations on, wages and the reopening of broadcasting stations will be resumed with the workers' representatives starting on 15 January 1982. Lastly, the Government will issue rules for the elections to plant Committees according to a timetable established in the agreement of 19 December 1981. Decree No. 17531 to dissolve trade union leadership and Decree No. 17545 to appoint "labour relations officers" have also been repealed.
8. 477. In, its communication of 17 February 1982, the Government states that the workers are presently standing for election to the plant Committees in an atmosphere of freedom. To this moment 300 of these Committees have been recognised.

D. The Committee's conclusions

1. 478. The Committee takes note of the general development of the trade union situation in Bolivia. It must however note with regret that the Government has replied only partially to the allegations made by the complainants about specific events.
2. 479. The Committee deeply regrets that the Government has not supplied specific information about the circumstances surrounding the death of Gualberto Vega and Artemio Camargo or replied to the allegations concerning the death of eight trade union leaders who, like Artemio Camargo, are said to have been shot down in La Paz on 15 January 1981. In these circumstances, the Committee can only deplore the violent deaths of these trade unionists. It must recall the importance in such cases of carrying out at once an impartial and full inquiry to clarify the facts and determine responsibilities. The atmosphere of confidence essential for social dialogue, which the Government states it wishes to restore, may be created more easily once the responsibilities of officials concerned have been established and the persons who have abused their powers have been dealt with according to law.
3. 480. Regarding the four trade unionists alleged to have been arrested in January 1981, the Committee notes that three of them have been forced into exile in this connection, the Committee tresses that the forcing of trade unionists into exile, although a lass severe measure than detention, deprives them of the possibility of working in their country and joining their families. It is also an infringement of freedom of association in that it weakens the trade union movement by depriving it of its leaders. Moreover, normal trade union activities in the country can only be said to be fully restored when the trade union leaders now exiled are able, after returning to Bolivia, to stand again for trade union elections and perform the offices to which they may be elected.
4. 481. The Government has not supplied information about the fourth trade union leader, Gregorio Andrade, alleged to have been arrested in January 1981 and reported to be missing since March 1981. Non has it replied to the further allegations made by the complainants concerning the arrest of Marcelo Quezada, COB journalist, the disappearance of Peréz Sanchez, secretary of the Federation of Industrial workers of La Paz, and the death of Bernabé Quiroz, a trade union leader.
5. 482. Concerning the situation of Genaro Flores, a COB leader, the Committee has been informed of the approaches which the Director-General made to the Government in order that Mr. Flores could receive care abroad. The Committee notes that Mr. Flores was able to leave Bolivia for Europe where he is now living in exile.
6. 483. Regarding the trade union situation in general, the Committee notes that under an agreement concluded with the mineworkers' representatives a timetable has been established for a return to normal trade union activities. It also notes that the Government will organise plant Committee elections, thus putting an end to the functions of the "labour relations officers" introduced in August 1980 to represent the workers. However, the Committee observes that the ministerial resolution relating to these plant Committees contains several regulations which are contrary to the principles of freedom of association, in particular the obligation of only one Committee per undertaking and the various conditions of eligibility. Finally the Committee notes that Decrees Nos. 17531 and 17545, on which comments had been made, have been repealed.
7. 484. The Committee expresses the hope that the agreement will lay the necessary groundwork for a return to normal trade union activities on the basis of legislation and practice consistent with Conventions Nos. 87 and 98, which have been ratified by Bolivia. The Committee also considers it would be useful if the Government would submit the draft of any new legislation prepared by it to the ILO for comments, as has been done in several other cases and as the Government stated its intention of doing during the direct contacts.
8. 485. The Committee would like to be kept informed of developments in the situation, in particular the implementation of the agreement concluded with the mineworkers' representatives as it bears on the establishment of local trade unions and federations and Confederations. The Committee would also like to obtain clarifications about the scope of that agreement, in particular the possibility available to workers of organising a national Confederation of their own choosing.

The Committee's recommendations

1. 486. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
   • (a) Regarding the violent death of trade union leaders, the Committee deeply regrets that the Government has not supplied specific information about the circumstances in which those deaths took place. It considers that the atmosphere of confidence essential for social dialogue may be created more easily when the responsibilities of officials concerned have been established and the persons who abused their powers have been dealt with according to law.
   • (b) Regarding the trade unionists arrested in January 1981, the Committee notes that three of them have been forced into exile. It stresses that forced exile not only deprives the persons concerned of the possibility of working in their country and joining their families but constitutes an infringement of freedom of association in that it weakens the trade union movement by depriving it of its leaders. The Committee considers that the trade union leaders now exiled should be able to return to Bolivia and to perform the trade union offices to which they may be elected.
   • (c) Regarding the further allegations made by the complainants, the Committee requests the Government for its observations on the disappearance of Gregorio Andrade and René Sanchez, the death of Bernabé Quiroz and the arrest of Marcelo Quezada.
   • (d) Regarding the restoration of normal trade union activities, the Committee notes that Legislative Decrees Nos. 17531 and 17545 to deprive trade union leadership of their office and introduce labour relations officers have been repealed. It expresses the hope that the agreement concluded between the Government and the mineworkers' representatives will lay the necessary groundwork for a return to normal trade union activities on the basis of legislation and practice consistent with Conventions Nos. 87 and 98, which have been ratified by Bolivia. It suggests that the Government, according to its stated intention expressed during the direct contacts, should submit to the ILO any bills that may be prepared, far comments. The Committee requests the Government to supply information about the implementation and scope of the agreement (establishment of trade union organisations and the possibility of establishing a national Confederation of labour)