Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Colombia (Ratification: 1933)

For a number of years, the Committee has been drawing the Government's attention to the need to amend the Labour Code in order to ensure that, pending the extension of the coverage provided by the social security scheme to the whole of the national territory, all agricultural wage-earners, without exception, benefit from compensation for industrial accidents that is equivalent to the levels established by the social security scheme. In this context, the Committee notes that Act No. 50 of 1990 to reform the Labour Code has not changed the existing situation.

In its report, the Government refers in particular to section 48 of the new Constitution, which encompasses the right to social security, and to interim section No. 57, which provides that a tripartite committee shall be set up in order to make proposals on reforming the social security system within 180 days following the coming into force of the Constitution. According to the information supplied by the Government, it was envisaged that the above tripartite committee, which is chaired by the Minister of Labour and Social Security, should submit a draft reform of the social security system to Congress in December 1991.

The Committee notes this information with interest. It also notes the National Occupational Health Plan 1990-95, which was supplied by the Government with its report. This document shows that in the agricultural and stock-raising sectors, between 60 and 96 per cent of workers are not covered by social security. It therefore hopes that, within the context of the reform of the social security system, the Government will be able to take the necessary measures to progressively extend to the whole of the national territory the branch of the social security scheme concerning the compensation of industrial accidents, so as to cover all employees in the agricultural sector who come within the scope of the Convention. While awaiting the achievement of this objective, the Committee cannot but urge the Government once again to take the necessary measures to amend the Labour Code to the extent that it sets out lower levels of compensation as regards the duration of both medical care and cash benefits, than those fixed by the compulsory social security scheme. It hopes that the Government's next report will contain information on the progress achieved in this respect. The Committee also requests the Government to continue supplying information, including statistical data, on the extension of the industrial accident branch of the social security scheme to the rural sector.

Finally, the Committee once again requests the Government to supply a copy of the social security regulations provided for in section 132 of Decree No. 1650 of 1977.