Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

The Committee notes the Government’s report and the debate which took place in the 2001 Conference Committee on the Application of Standards. The Committee also notes the report of the Committee on Freedom of Association on the various pending cases which relate to Colombia, adopted at its March 2001 meeting.

First, the Committee notes again with very deep concern the climate of violence which exists in the country and, in particular, the conclusions of the Committee on Freedom of Association in Case No. 1787 in which it is stated that between the direct contacts mission in February 2000 and October 2000, more than 100 murders of trade union officials and members were reported and "the Committee [on Freedom of Association] deeply regrets that, once again, it must observe that in most of the cases of murder, murder attempts or disappearances of trade union officials and members, those responsible have not been arrested and punished" (see 324th Report of the Committee, paragraphs 272 and 274). In this regard, the Committee emphasizes once again that the guarantees set out in the international labour Conventions, in particular those relating to freedom of association, can only be effective if the civil and political rights enshrined in the Universal Declaration of Human Rights and other international instruments are genuinely recognized and protected (see General Survey on freedom of association and collective bargaining, 1994, paragraph 43).

The Committee recalls that it has been commenting for many years on certain legislative provisions, specifically in relation to:

-  the prohibition of federations and confederations from calling strikes (section 417(i) of the Labour Code);

-  the prohibition of strikes, not only in essential services in the strict sense of the term (namely the interruption of which would endanger the life, personal safety or health of the whole or part of the population) but also in a wide range of services which are not necessarily essential (section 450(1)(a) of the Labour Code and Decrees Nos. 414 and 437 of 1952, 1543 of 1955, 1593 of 1959, 1167 of 1963, 57 and 534 of 1967) and the possibility of dismissing trade union officers who have intervened or participated in an unlawful strike (section 450(2) of the Labour Code), including when the strike is unlawful due to requirements which are contrary to the principles of freedom of association; and

-  the power of the Minister of Labour to refer a dispute to arbitration when a strike lasts longer than a specific period (section 448(4) of the Labour Code).

In this regard, the Committee recalls that in its previous observation it noted that during the direct contacts mission carried out in February 2000, draft legislative texts were prepared which were designed to amend the abovementioned provisions and that the Government undertook to submit these draft texts to the social partners and subsequently to Congress. The Committee notes that the Government indicates that: (1) the subjects related to labour legislation and the development of section 53 of the political charter are part of the tripartite agreement for social dialogue which was concluded on 14 August 2000 between the Colombian Government, the workers’ and pensioners’ central associations and the trade unions; (2) the abovementioned draft laws were tabled at various meetings in September and October 2000; and (3) since no agreement was reached on the subjects in question, it was deemed appropriate for them to be placed before the consultative commission on salary and labour policies for consideration. In these circumstances, the Committee expresses the firm hope that the draft laws in question will be placed before Congress in the very near future and that the abovementioned draft legislation will be adopted. The Committee requests that the Government keep it informed of the progress made in this respect in its next report.