Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Colombia (Ratification: 1976)

The Committee notes the Tripartite Agreement for the Right of Association and Democracy concluded by the Government and the representatives of employers and workers in Geneva in the context of the Conference Committee on the Application of Standards, on 1 June 2006. The Committee notes the Government’s observations in reply to the comments made by the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL), dated 31 August and 7 September 2005, and the Single Confederation of Workers (CUT), the General Confederation of Workers (CGT) and the Confederation of Workers of Colombia (CTC) of 7 and 14 June, 31 August and 7 September 2005, referring to issues already raised by the Committee in its 2005 observation.

The Committee also notes the reports of the Committee on Freedom of Association on the various cases under examination concerning Colombia, adopted at its sessions in March, June and November 2006.

The Committee further notes the comments of the ICFTU of 10 August 2006, and the joint comments of the CUT, CGT, CTC and the Confederation of Pensioners of Colombia (CPC), of 16 June 2006, referring to pending issues relating to the legislation and the application of the Convention in practice which are under examination, such as the submission of collective disputes to compulsory arbitration by the Ministry of Social Protection, the power of arbitration boards to revise collective agreements and the exclusion of many workers from the scope of collective agreements due to the increase in the use of civil contracts. The ICFTU also denounces the pressure exerted by armed groups upon workers to renounce the rights established in collective agreements. The Committee requests the Government to provide its observations in this respect.

Finally, in relation to the comments of the Union of Maritime and Inland Water Transport Industry Workers (UNIMAR), of 30 May 2006, relating to a process of liquidation in disregard of the special protection of trade union officials, the Committee is examining this matter in its observation on Convention No. 87.

The Committee proposes, in accordance with the regular reporting cycle, to examine at its next session in November-December 2007 all the matters relating to the legislation and the application of the Convention in practice raised in its previous observation in 2005 (see 2005 observation, 76th Session).