Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

  Article 1(d) of the Convention. In previous comments the Committee referred to section 234 of the Penal Code under which advocacy of lockouts, strikes or stoppages declared illegal by the labour authorities is punishable by imprisonment for a term of between one and five years. The Committee requested the Government to supply information on the effect given in practice to these provisions in order to enable it to evaluate their scope, and to provide copies of court decisions made under them, and the number of convictions made.

With reference to this matter, the Committee notes the conclusions of the Committee on Freedom of Association on the complaint made by the World Confederation of Labour (WCL), Case No. 2007 (GB.277/9/1 of March 2000).

According to the complainant organization, the Ministry of Labour declared the strike illegal in resolution No. 178/97 of 14 April 1997. "The company initiated legal proceedings against union officials and members for participation in an illegal strike, sabotage and incitement in Criminal Investigations Tribunal No. 8. The judge issued arrest warrants against the workers (these have still not been carried out), basing the decision on section 234 of the Penal Code. … The WCL alleges that this case sets an extremely serious precedent in criminalizing a strike …" (GB.277/9/1, paragraph 263).

In its conclusions the Committee on Freedom of Association states that "the Committee of Experts in its comments on the application of Convention No. 87 by Bolivia in 1999 and previous years criticized certain restrictions in respect of the right to strike, such as the requirement for a majority of three-quarters of the workers of the enterprise to call a strike (section 114 of the Act and section 159 of the Regulation), the unlawful nature of general and sympathy strikes which are liable to penal sanctions (Legislative Decree No. 02565 of 1951) and the recourse to compulsory arbitration by decision of the Executive Power to put an end to the strike (section 113 of the General Labour Act). In these circumstances the Committee urges the Government to adopt measures as a matter of urgency with a view to amending legislation concerning strikes in respect of all the points raised by the Committee of Experts and with regard to the need to ensure that strikes may be declared illegal only by an independent body, given that excessive requirements and restrictions in many cases make legal strike action impossible in practice" (paragraph 282). In its recommendations, the Committee "emphasizes that no worker on strike who has acted peacefully should be subject to criminal sanctions, and asks the Government to reform the Penal Code with this principle in mind and to inform it of any rulings that are handed down in this regard" (paragraph 285(c)).

The Committee refers to the explanations contained in paragraphs 126 et seq. of its 1979 General Survey on the abolition of forced labour which indicate that excessive restrictions imposed on exercise of the right to strike have an impact on application of the Convention. This is the case of the requirement for a qualified majority to call a strike and the existence of compulsory arbitration systems when such restrictions result in a declaration that the strike is illegal with the consequent penal sanctions and the imposition of compulsory prison labour.

The Committee notes that the Government is disposed to amend the provisions of the Penal Code which make illegal strikes punishable by imprisonment (GB.277/9/1, paragraph 280).

The Committee hopes that the Government will take the necessary measures to ensure that penalties involving compulsory labour will not be imposed for participation in strikes and will provide information on progress made to that end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.