Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Colombia (Ratification: 1999)

Strengthening of social dialogue and tripartite consultations. The Committee notes the Government’s report for the period ending June 2009. The Government refers to its statement to the Conference Committee in June 2009 during the discussion on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Government indicated that it values spaces for dialogue which make it possible to analyse the situation in the country in an objective manner, including its achievements and difficulties, and propose actions intended to continue strengthening institutional capacities and public policies with a view to making progress in ensuring respect for the rights and well-being of the entire population. It undertook to encourage existing tripartite spaces, improving their procedures and establishing the basis for concluding agreements and achieving tangible results in the medium term. In its previous comments on the application of Convention No. 144, the Committee requested detailed information on any written communications sent to satisfy the requirement for consultations with regard to international labour standards. The Committee also requested clarification as to whether the Standing Committee for Joint Action on Wage and Labour Policy participates in the consultations required by the Convention. The Committee noted the information received from the Single Confederation of Workers of Colombia (CUT), forwarded to the Government in October 2008. Among other matters, the CUT indicated that consultations are not held in a systematic and continuous manner. According to the CUT, the reports due to be supplied to the ILO are dealt with outside the Standing Committee for Joint Action on Wage and Labour Policy. In its reply, received in March 2009, the Government indicates that in practice the Ministry of Social Protection coordinates the tripartite dialogue machinery known as the Standing Committee for Joint Action on Wage and Labour Policy, but does not provide specific information on the consultations held during the period covered by the report on each of the items enumerated in Article 5(1) of the Convention. In these circumstances, the Committee once again expresses its conviction that the Government and the social partners should take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Committee requests the Government to provide specific information in its next report on the manner in which the Government and the social partners have held “effective” consultations on international labour standards, as required by Convention No. 144 (Article 5(1)(d)). The Committee recalls that the 2008 Declaration on Social Justice for a Fair Globalization identifies Convention No. 144 as one of the most significant instruments from the viewpoint of governance.

Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. The Committee notes that the consultations required by this provision of the Convention have not been held and that the instruments adopted by the Conference have not been submitted to the National Assembly. The Committee refers to its observation on the obligation of submission as provided for in article 19, paragraphs 5 and 6, of the Constitution of the ILO in which it notes that 31 instruments adopted by the Conference are still awaiting submission. The Committee requests the Government to provide information on the effective consultations that are held with the social partners on the proposals made to the Congress in relation to the submission of the instruments adopted by the Conference.