Definitive Report - Report No 306, March 1997

1. 142. The Committee examined this case at its November 1995 meeting (see 300th Report, paras. 371 to 398, approved by the Governing Body at its 264th Session (November 1995)), in which it came to interim conclusions.
2. 143. Given the lack of information provided by the Government on the issues pending, the Committee has had to postpone the examination of this case on three occasions. At its November 1996 meeting, the Committee also drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 117th report, approved by the Governing Body at its 184th Session (November 1971), it might present a report on the substance of this case at its next session, even if the observations or information requested had not been received in due time (see 305th report, approved by the Governing Body at its 267th Session (November 1995), para. 9). To date, no information from the Government has been received.
3. 144. Bolivia has ratified both 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. 145. In the Committee's previous examination of the case, the issue concerning the consequences of the state of emergency in Bolivia, declared in April 1995 following strikes in major sectors, demonstrations and marches, remained pending. More specifically, the Committee made the following recommendations (see 300th Report, para. 398):
   • ... the Committee stresses that the state of emergency is incompatible with the full exercise of freedom of association. It urges the public authorities not to resort in the future to such measures. The Committee requests the Government to confirm that the state of emergency has been lifted. It requests the Government to provide information on the manner in which the constitutional provisions concerning the state of emergency were applied and on the impact of its application on trade union rights. It emphasizes that the consequences of the state of emergency which have violated the rights of trade unionists must be set aright. The Committee requests the Government to ensure that all those who were dismissed be reinstated in their jobs and to guarantee the full exercise of freedom of association.

B. The Committee's conclusions

1. 146. First of all, the Committee regrets that the Government has not communicated the observations requested on the issues pending, despite the time which has elapsed since the last examination of the case and that it was invited to submit its comments and observations on a number of occasions, including by means of an urgent appeal.
2. 147. In these circumstances, in accordance with the applicable procedural rule (see para. 17 of its 127th Report, approved by the Governing Body at its 184th Session), the Committee will have to present a report on the substance of the case without being able to take account of the information it hoped to receive from the Government.
3. 148. The Committee would remind the Government that the purpose of the whole procedure instituted by the International Labour Organization to examine allegations of violations of freedom of association is to promote respect for this freedom in law and in fact; the Committee therefore remains confident that, if the procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies to the allegations put forward (see first Report of the Committee, para. 31, approved by the Governing Body in March 1952).
4. 149. The Committee has noted that the state of emergency, declared under Supreme Decree No. 23993 of 18 April 1995 and approved by the Council of Ministers under a resolution dated 21 April 1995, was extended by 90 days. According to article 111 of the Constitution "the Executive shall not extend the state of emergency beyond 90 days or declare another within the same year ...".
5. 150. As regards the consequences of the state of emergency (April 1995) on trade union rights, the Committee, noting that the state of emergency has come to an end and that the Government has not provided the information requested on this matter, urges the Government once again to redress any wrongs that might have been inflicted on trade unionists as a result of the state of emergency and to ensure that all those who might have been dismissed for their trade union activities be reinstated in their jobs.