Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

The Committee notes that a technical assistance mission visited the country from 19 to 22 April 2004 and that, in this context, a tripartite negotiation meeting was held in which agreement was reached on the amendment of the following provisions of the legislation which have been the subject of the Committee’s comments for many years:

-  the exclusion of agricultural workers from the scope of the General Labour Act of 1942, and therefore from the rights and guarantees of the Convention (section 1 of the General Labour Act of 1942 and Regulatory Decree No. 224 of 23 August 1943, issued under the General Labour Act);

-  the denial of the right to organize of public servants (section 104 of the General Labour Act);

-  the possibility of the dissolution of trade union organizations by administrative decision (section 129 of the Regulatory Decree); and

-  restrictions on the right to strike: (i) the requirement of three-quarters of the workers in the enterprise to call a strike (section 114 of the General Labour Act and section 159 of the Regulatory Decree); (ii) the illegality of general and sympathy strikes, subject to penal sanctions (sections 1 and 2 of Legislative Decree No. 2565); (iii) the illegality of strikes in the banking sector (section 1(c) of Supreme Decree No. 1959 of 1950); and (iv) the possibility of imposing compulsory arbitration by decision of the executive authority in order 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 Act).

In this respect, the Committee notes the Government’s indications that: (1) although the tripartite agreement was endorsed and the corresponding draft legal amendments formulated, these have not been approved due to a generalized crisis which has resulted in labour, social and political conflict giving rise firstly to a change in ministers and then to the resignation of the President of the Republic; (2) the current administration of the Government and the collective interest is focused on the holding of national elections and the calling of a Constituent Assembly, for which reasons it is currently difficult to make progress on the matters referred to above; and (3) nevertheless, it is in the Government’s interest to make progress on these matters and therefore, as soon as the political conditions so permit, these legal provisions will be approved. In these conditions, the Committee expresses the hope that conditions will soon permit the Government to act, and requests that the Government provide information in its next report on any progress achieved in relation to the approval of the legislative amendments referred to by the Government.

On the other hand, the Committee recalls that for many years it has been commenting on the remaining provisions of the legislation which are not in conformity with the Convention:

(1)  the requirement that 50 per cent of the workers in an enterprise give their agreement to establish a trade union in any industry (section 103 of the Act);

(2)  the broad powers of supervision conferred upon the labour inspectorate over trade union activities (section 101 of the Act); and

(3)  the requirement, to be eligible for trade union office, to be of Bolivian nationality (section 138 of the Regulatory Decree) and to be a permanent employee in the enterprise (sections 6(c) and 7 of Legislative Decree No. 2565, of June 1951).

The Committee notes the Government’s indication that no agreement was reached with regard to these provisions and that, as they are subjects on which both the workers and employers agreed to reject the amendments proposed by the Committee, these changes will not be imposed. However, the Committee also notes the Government’s indication that there was tripartite agreement that the Ministry of Labour will convene further negotiation meetings within a reasonable period with a view to obtaining the amendment of the provisions upon which comments have been made. The Committee requests that the Government provide information in this respect.

The Committee is addressing a request directly to the Government on another point.