Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the Government’s replies to the observations made by the social partners in 2016, which were included in its 2019 report. The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 4 September 2019. It also notes the observations of the General Confederation of Labour (CGT), received on 16 September 2019. The Committee requests the Government to provide its replies to these observations.

Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes the detailed information provided by the Government in its supplementary report on the tripartite consultations held within the framework of the various subcommittees of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL) on the labour measures adopted to mitigate the effects of the pandemic. In particular, the Government refers to the tripartite consultations held on such subjects as measures to prevent job losses and the follow-up to the complaints made relating to the suspension of contracts, the imposition of unpaid leave by the employer and dismissals. The Government also reports the adoption of the Labour Mediation Strategy during the COVID-19 Period, in the context of which 70 cases have been dealt with, as well as the establishment on 30 July of the Employment Mission, which will benefit from ILO technical assistance with a view to developing strategies and instruments to improve employment in the country. The Committee also notes the detailed information provided by the Government concerning the progress made by the Special Committee for the Handling of Conflicts referred to the ILO between 2012 and 2020, as the Special Committee continued to hold virtual meetings during the quarantine period established due to the pandemic. The Committee further notes the detailed information provided by the Government in its supplementary report on the four sessions of the Subcommittee on International Labour Matters held between March and September 2020, in which the discussions covered, among other subjects: the different measures adopted by ILO Member States to address the impact of the pandemic on the labour market; the implementation of technical cooperation activities in the country with ILO participation; the supplementary reports on ratified Conventions; the follow-up to the implementation of the Domestic Workers Convention, 2011 (No. 189), and particularly measures to mitigate the impact of the pandemic on domestic work. In the context of the global COVID-19 pandemic, the Committee recalls the broad guidance contained in international labour standards. The Committee encourages Member States to engage in broader tripartite consultation and social dialogue to provide a solid basis for the development and implementation of effective responses to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue providing updated information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, and particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.

Article 3(1) of the Convention. Election of the representatives of the social partners. In its previous comments, the Committee requested the Government to indicate the measures that had been adopted to conduct the trade union census envisaged in section 5 of Act No. 278 of 30 April 1996. In this regard, the Committee notes the Government’s indication that the census is the tool through which the representativeness of trade union confederations is determined on the various tripartite bodies in the country. The Committee notes with interest that in 2017 a trade union census was carried out for the first time in over 30 years. Since certain discrepancies were identified following the verification of the results, the Ministry of Labour initiated a verification process in which the data on the number of union members found by the trade union census carried out by the Ministry of Labour was compared with the information provided by union confederations. The Government reports the holding of regular workshops with union confederations in which they are consulted and their views are taken into consideration. The Government adds that most of the union confederations in the country were also consulted regarding the methodology used during the verification process. The Government adds that, as a result of the verification process, clearer information was obtained on, among other subjects, trade union registers that had been annulled, those that were active and inactive, the findings of the census and organizations that are not members of confederations. The Government indicates that since March 2018 information on the findings of the census and the implementation of the verification process has been published in quarterly bulletins. However, the Committee notes the Government’s indication that, as significant differences were identified between the information provided by trade union confederations and the findings of the census, the verification process has not yet been completed. The Government adds that the objective is to prevent any organization registered with the Ministry of Labour being able to claim that it speaks for the union movement. In this respect, the Government expresses its commitment to maintaining, together with the trade union confederations, a mechanism for the regular updating of the data of the trade union census. The Committee requests the Government to continue providing detailed and updated information on the measures adopted within the framework of the process of the verification of the Ministry of Labour’s trade union census, and its findings.

Article 5. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held between 2017 and 2019 on the matters relating to international labour standards covered by Article 5(1) of the Convention in the context of the Tripartite Subcommittee on International Labour Matters of the CPCPSL. With reference to the re-examination of unratified Conventions, the Government indicates that tripartite consultations have been held on the possible ratification of the Workers’ Representatives Convention, 1971 (No. 135), the Rural Workers’ Organisations Convention, 1975 (No. 141), the Nursing Personnel Convention, 1977 (No. 149), and the Maternity Protection Convention, 2000 (No. 183). The Government indicates that the process of the ratification of Conventions Nos 149 and 183 is currently proceeding in the Congress of the Republic. Tripartite consultations have also been held on the measures necessary to examine the potential ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that during the tripartite consultations it was also agreed to adopt measures to focus its efforts on analysis of compliance with ratified Conventions. The Government refers to the organization of various activities relating to international labour standards within the framework of the Subcommittee on International Labour Matters, such as capacity building on the ILO Standards Review Mechanism (SRM).

However, the Committee notes the CGT’s indication that tripartite consultations have not been held on proposals for the denunciation of ratified Conventions (Article 5(1)(e)), on reports to be made to the Office pursuant to article 19 of the ILO Constitution or on unratified Conventions and Recommendations to which effect has not yet been given, in accordance with Paragraph 5(e) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The CGT also considers that technical and financial assistance is necessary to increase the frequency of the tripartite consultations held in the Subcommittee on International Labour Matters. With regard to the manner in which the views of the representative organizations are taken into account during the tripartite consultations, the Government indicates that, under the terms of Act No. 278 of 1996, the decisions of the CPCPSL are adopted by consensus by the representative parties. The Government indicates that the claims of each of the actors in the CPCPSL are taken into consideration and voted upon, with a view to ensuring effective tripartite consultations, in accordance with the Convention. The Committee requests the Government to continue providing updated and detailed information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1) of the Convention.