Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

The Committee notes that the Government’s brief report received on 30 August 2010 does not contain replies to all the questions raised in its previous comments and in particular that it does not indicate clearly the sections of the national legislation, including the Colombian technical standards, which, in the Government’s opinion, give effect to the provisions of the Convention. Furthermore, it notes that the Office requested further information on this matter. The Committee also notes the attachments to the Government’s report, received on 27 October 2010, including Ministry of Labour resolution No. 00935 of 25 May 2001 establishing the National Occupational Health Committee for the Asbestos Sector. Section 7 of the resolution lays down the duties of the above Committee which include providing the Government with assistance in developing standards under the present Convention. The Committee also notes the communication by the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), which was received on 31 August 2010 and sent to the Government on 6 September 2010. The Committee notes that it has not received the further information requested or the Government’s reply to the communication by the trade unions. In this context, at the current session, the Committee will only note the comments submitted by the CUT and the CTC and will examine them in detail at its next session, together with any comments that the Government wishes to make in that regard.

The Committee will indicate at this session the main themes of the above communication, which seem to relate to Articles 10 (replacement/prohibition of asbestos or of certain types of asbestos or products containing asbestos) and 3(2) of the Convention (periodic review of the national legislation in the light of technical progress and advances in scientific knowledge). The trade union confederations state that the Government fails to recognize Article 10, which provides that where necessary to protect the health of workers and technically practicable to adapt the national legislation, which they emphasize has not been done in Colombia, the national legislation shall provide for one or more of the following measures: (a) replacement or (b) total or partial prohibition. They refer to various international scientific organizations such as the WHO, according to which “there is no significant evidence of a threshold for exposure to asbestos below which cancer does not occur”. The communication also indicates that in its report on the Occupational Health Services Convention, 1985 (No. 161), the Government does not refer to the measures taken to give effect to these provisions concerning asbestos (Articles 6(3) and 20); that there is neither prevention nor protection with regard to asbestos (Articles 3, 9 and 15); that there is no national training programme for the handling and use of asbestos (Article 22); and that the technical standards are not imposed (Article 5 of the Convention). The communication refers to these matters, in particular in relation to mining and construction workers. The CUT and the CTC indicate that more than 10,000 tons are extracted every year in the mine located in the department of Antioquía, which is extremely risky given that the exploitation of mining resources is carried out using traditional methods without technology. They also indicate that in 2007 30,403 tons of asbestos were imported by the fibrocement sector. This sector has apparently taken some measures but according to the trade union confederations, there are no control measures to eliminate risk and the Government has taken no measures to that end. They indicate that in the construction sector, asbestos and its handling has serious consequences, that workers are exposed to asbestos when working in demolition and producing insulation boards, paint primers, asbestos cables, asbestos textiles, millboard, packaging, reinforced plastic, roofs, tiles and aqueducts, for example, and that most of these products are developed using chrysotile and crocidolite or amosite. They also indicate that there are an estimated 320 deaths related to asbestos each year, according to estimates by Global Unions, based on ILO methodology. Finally, the trade unions indicate that the Colombian trade union confederations are united in their belief that the use of asbestos should be prohibited and its replacement promoted and they refer to resolution No. 001 of 14 December 2006 of the Confederation of Workers of Colombia and maintain that the Convention be applied in domestic legislation and that the use of asbestos should not be permissible. The Committee requests the Government to provide information on this communication and on the effect given to Article 4 of the Convention, which requires that the most representative organizations of employers and workers be consulted on the measures to be taken to give effect to the provisions of the Convention, and to provide information on that matter.