Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments dated 30 August and 13 September 2013 from the International Trade Union Confederation (ITUC), and the comments dated 29 August 2013 from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC). The Committee notes that these comments refer in general to issues which have already been examined by the Committee, particularly acts of violence against trade union officials and members, and that some of the allegations refer to the misuse of legal forms of outsourcing which result in the obstruction of the exercise of workers’ trade union rights. The Committee notes the Government’s reply to these comments and, in particular, its statement that the issues relating to the difficulties faced by subcontracted workers with regard to exercising their trade union rights have been discussed within the Standing Committee for Dialogue on Wage and Labour Policies.

The Committee also notes the comments from the National Association of Employers of Colombia (ANDI) and the International Organisation of Employers (IOE) dated 27 August 2013.

Trade union rights and civil liberties. For a number of years the Committee, like the Committee on Freedom of Association, has been dealing with allegations of violence against trade unionists and with the situation of impunity. The Committee notes with concern that the ITUC, CUT and CTC allege that although the number of murders of trade unionists has decreased (according to the figures quoted, 20 trade unionists were killed in 2012 and four in 2013; the comparative table attached by the trade unions shows that these figures are the lowest since 1986), the general situation of violence has become more complex since there has been an increase in the number of death threats, cases of harassment and forced displacement and the situation of impunity continues (the trade union federations do point out that the Office of the Prosecutor-General adopted measures to strengthen its capacity for investigation, but since these are recent measures they do not yet make a substantial difference to the impunity figures).

The Committee also notes that the IOE and the ANDI state that the judicial programme for dealing with acts of violence continues to be reinforced (in 2012 a total of US$111 million were assigned, while in 2011 a total of US$79 million were assigned; more than 600 trade unionists receive protection; and there are 25 special prosecutors, three specialist courts, and 100 investigators in the national police) and that in order to combat impunity, the Office of the Prosecutor-General adopted a new criminal investigation policy with regard to human rights violations.

The Committee notes the Government’s statement that: (i) as a result of the efforts made by the State, the number of murders of Colombian civilians and of trade unionists fell, as did the number of assaults, and there was an increase in the number of convictions for perpetrators of violence against trade unionists (as of June 2013, 579 rulings had been handed down and 599 persons had been convicted); (ii) the National Protection Unit is implementing protection measures for 632 trade unionists, and the total budget assigned to the protection of trade unionists in 2012 was 91,512,898,462 Colombian pesos (COP); and (iii) in the context of the Memorandum of Understanding signed between the Office of the Prosecutor-General and the International Labour Standards Department of the ILO, capacity-building workshops have been held for the judiciary in the cities of Cali and Arauca and, in the context of the project to promote compliance with international labour standards in Colombia, a training programme was launched for investigators, prosecutors and judges with regard to prevention, investigation and court proceedings concerning human rights violations in which the victims were trade union leaders and unionized workers.

The Committee duly notes the results of the action being taken against impunity and expresses the hope that the new investigation policy adopted by the Office of the Prosecutor-General referred to by the social partners will enable even more progress in shedding light on the acts of violence affecting the trade union movement, determining responsibility and imposing penalties on the perpetrators. The Committee notes with interest the initiatives taken for the protection of trade union leaders and members and hopes that these measures will enable to effectively tackle the threats and harassment referred to by the trade unions.

Legislative issues. Articles 3 and 6 of the Convention. Right of workers’ organizations to organize their activities and to formulate their programmes. For a number of years, the Committee has been referring to the need to take steps to amend the legislation in relation to: (i) the prohibition of strikes for federations and confederations (section 417(i) of the Labour Code) and within a wider range of services that are not necessarily essential in the strict sense of the term (section 430(b), (d), (f), (g) and (h); and section 450(1)(a) of the Labour Code; Taxation Act No. 633-00; and Decrees Nos 414 and 437 of 1952, No. 1543 of 1955, No. 1593 of 1959, No. 1167 of 1963 and Nos 57 and 534 of 1967); and (ii) the possibility to dismiss workers who have intervened or participated in an unlawful strike (section 450(2) of the Labour Code), even where the unlawful nature of the strike is a result of requirements that are contrary to the provisions of the Convention.

In this regard, the Committee notes the Government’s statement that the Standing Committee for Dialogue on Wage and Labour Policies (a tripartite body established under the terms of the Political Constitution) approved in May 2012 the setting up of the Tripartite Subcommittee on International Labour Affairs, whose agenda includes a review of areas where progress is needed in the legislation with a view to continuing improvements in both law and practice with regard to ratified Conventions. The Committee requests the Government to provide information in its next report on any progress made in relation to these issues and reminds the Government that it may avail itself of technical assistance from the Office, if it so wishes.