Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the Government’s report. It notes with regret, however, that the report contains no observations on the comments submitted in September 2002 by the International Confederation of Free Trade Unions (ICFTU) and the Confederation of Workers of Colombia (CTC). The Committee also notes the discussions that took place in the Conference Committee on the Application of Standards. The Committee also takes note of the reports of the Committee on Freedom of Association on a number of cases pending that concern Colombia, adopted at its meetings of March, June and November 2003.

The Committee notes that, according to the Government, on 15 January 2003 the Work Plan of the Inter-Institutional Committee for the Prevention and Protection of the Human Rights of Workers was adopted and that its main objective is to promote, encourage and adopt all such measures as may strengthen freedom of association. The Government also states that the special committee to promote investigations into human rights violations is to be strengthened. The Committee notes that, according to the Government, the number of murders of trade union leaders and members has dropped in recent months. The Committee nonetheless observes with deep concern the persistent climate of violence in the country and the conclusions of May 2003 of the Committee on Freedom of Association in Case No. 1787 and those of the Conference Committee on the Application of Standards citing new murders and other acts of violence. The Committee echoes the two abovementioned bodies in requesting the Government to strengthen the relevant institutions still further in order to put an end to the intolerable situation of impunity, which constitutes a serious obstacle to the free exercise of the trade union rights protected by the Convention, so as to punish all those responsible effectively.

The Committee recalls that it has been commenting for many years on certain provisions of the law that concern:

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

-  the prohibition on strikes not only in essential services in the strict sense of the term (namely, services 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), even when the unlawfulness of the strike rests on requirements which are contrary to the principles of freedom of association; and

-  the authority of the Minister of Labour to refer a dispute to arbitration when a strike exceeds a certain period (section 448(4) of the Labour Code).

The Committee notes with regret that the Government reports only that work on proposals for labour reform has not yet begun. The Committee requests the Government to provide information on the progress made by the Consultative Commission on Labour and Social Policies, which, according to information supplied by the Government to the Conference Committee on the Application of Standards at its meeting of 2002, had been seized of issues pertaining to the application of the Convention. The Committee requests the Government to take steps to have the legislation amended without delay and recalls in this connection the preliminary draft legislation prepared during the direct contacts mission in February 2000. The Committee requests the Government to send a detailed report so that the Committee of Experts may review the situation at its next session.

Lastly, the Committee notes that the World Confederation of Labour (WCL) has sent comments on the application of the Convention. It requests the Government to send its observations on them.