Interim Report - Report No 324, March 2001

Case No 1962 (Colombia) - Complaint date: 06-MAR-98 - Closed

Allegations: Dismissals connected with restructuring, in breach of a collective agreement; dismissals in violation of trade union immunity

1. 303. The Committee examined this case at its May 2000 meeting [see 322nd Report, paras. 53?68]. The National Union of State Employees of Colombia (UTRADEC) sent new allegations in communications dated 15 May and 28 December 2000. Other organizations sent communications relating to allegations already submitted.
2. 304. The Government sent its observations in communications dated 30 August 2000 and 4 January 2001.
3. 305. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 306. In its previous examination of the case at its May 2000 meeting, the Committee formulated the following conclusions and recommendations concerning the allegations still pending [see 322nd Report, para. 68]:
   • (a) The Committee requests the Government to take the steps within its scope with regard to the competent authorities of the Municipality of Neiva to ensure that they pay compensation to all of the workers dismissed in violation of the collective agreement.
   • (b) The Committee requests the Government to confirm that it has reinstated the five trade union leaders of HIMAT (now INAT) and that they have been paid the compensation corresponding to the period during which they were dismissed.
   • (c) Finally, the Committee requests the Government to send detailed observations on the recent new allegations presented by the complainant organizations, the National Union of State Employees of Colombia (UTRADEC) and the Single Confederation of Workers of Colombia (CUT) - Huila Section. (Specifically, the National Union of State Employees of Colombia alleges that: (1) members of the executive committee of the trade union organization SINTRADESAI were dismissed; (2) Ms. Pamela Newball, leader of the Public Works Trade Union of the Municipality of Cúcuta was dismissed; and (3) the Government refused to negotiate the claims of public servants. The Single Confederation of Workers of Colombia (CUT) - Subdirective Huila Section - alleges that the Government has not taken steps to satisfy the recommendations of the Committee relating to the workers from the Municipality of Neiva and that Mr. Fermín Vargas Buenaventura, a lawyer who defends trade union rights, is the victim of political persecution and attempts to prevent him from exercising his profession.)

B. New allegations

1. 307. In its communication dated 15 May 2000, the National Union of State Employees of Colombia (UTRADEC) alleges that two trade union (Ms. Gladys Correa Ojeda, President and Ms. Marlen Ortiz) leaders from SINTRAINPROMEN of the Colombian Institute of Family Welfare and ten trade union leaders (Alfonso Moreno Velez, Rigo Edilio Torres Yustre, Alvaro Moreno Moreno, Leomarin Roa Morales, Sabiniano Sosa, Zacarias Urrea Gutiérrez, Rafael David Figuera, Emiro Vasquez Baos, Roberto Alexi Rojas, Carlos Geovany Eulegelo) from SINTREMAR in the Municipality of Arauca were dismissed. The complainant organization includes the names and duties of the trade union leaders who were dismissed. In its communication of 28 December 2000, the UTRADEC alleges that Mr. Juan Bautista Oyola Palomá, president of the Public Services Trade Union of the Tunjuelito Hospital, was detained for 11 days, charged with corruption and falsification. He has been released on bail, but suspended from his duties.

C. The Government's reply

1. 308. In its communications dated 30 August 2000 and 4 January 2001, the Government indicates that the judicial security of Colombia would be damaged if the decisions of its judges were not respected. In view of the above and of the universally recognized three-way division of powers as well as the elections by popular vote, the Government cannot compel the Municipality of Neiva, whose mayor was elected by popular vote, to disregard judicial decisions and order the reinstatement and/or payment of compensation that was not claimed. However, it has communicated twice with the Mayor's Office of Neiva requesting detailed and specific information on the cancellation of compensation to workers dismissed by that municipality.
2. 309. As regards the five trade union leaders of INAT who were dismissed during the course of restructuring and who did not succeed in their proceedings before the Ordinary Labour Court, the Government states that on 15 October 1997 these five trade union leaders sought the right of protection in an action for protection of one's constitutional rights (tutela proceedings) on 1 December 1999 so that their fundamental rights to due process, equality before the law, the right to work and free access to the administration of justice were protected. They were granted tutela and the corresponding procedural steps were ordered to recommence in order to obtain their eventual reintegration. This tutela had been favourable in the court of first instance for the workers. Since then, this tutela of the court of first instance has been challenged by the Superior Court of Neiva, which ordered the case reopened, and this challenge was successful in the Superior Council of the Judiciary. The Government adds that the workers' situation has reverted to what it was initially or, in other words, those who were dismissed remain so until this most recent decision is reversed by the Constitutional Court. Nevertheless, the Government states that it is continuing to negotiate with INAT and those workers who have been dismissed in order to find a solution to the situation.
3. 310. Regarding the new, and most recent, allegations, the Government states that the Ministry of Labour and Social Security is progressing with the relevant observations and that these will be presented shortly.

D. The Committee's conclusions

1. 311. The Committee observes that, when it last examined this case at its May 2000 meeting, it requested the Government to: (1) take steps to ensure that the authorities of the Municipality of Neiva compensate all those workers dismissed in violation of the collective agreement; (2) confirm that the five trade union leaders of INAT who were dismissed had been reintegrated and paid full compensation; and (3) send its observations on the allegations that were recently presented (the dismissal of members of the executive committee of SINTRADESAI; the dismissal of Ms. Pamela Newball, leader of the Public Works Trade Union of the Municipality of Cúcuta; the refusal of the Government to negotiate with public servants over their claims; the non-compliance with the Committee's recommendations relating to the workers of the Municipality of Neiva; and the political persecution of Mr. Fermín Vargas Buenaventura, a lawyer, for defending the rights of trade unions). The Committee also observes that the National Union of State Employees of Colombia (UTRADEC) presented new allegations relating to the dismissal of two trade union leaders of SINTRAINPROMEN for the Colombian Institute of Family Welfare (Gladys Correa Ojeda, Marlen Ortiz), and ten trade union leaders from SINTREMAR in the Municipality of Arauca (Alfonso Moreno Velez, Rigo Edilio Torres Yustre, Alvaro Moreno Moreno, Leomarin Roa Morales, Sabiniano Sosa, Zacarias Urrea Gutiérrez, Rafael David Figuera, Emiro Vasquez Baos, Roberto Alexi Rojas, Carlos Geovany Eulegelo).
2. 312. Regarding the Committee's request that the Government take steps to ensure that the competent authorities of the Municipality of Neiva, pay compensation to all of the workers dismissed in violation of the collective agreement, the Committee notes the allegations of the Single Confederation of Workers of Colombia (CUT) - Huila Section - that steps have not been taken to follow the Committee's recommendations and the Government's statement that it cannot compel the mayor of the Municipality of Neiva, elected by popular vote, to reinstate workers or pay compensation to workers that was not claimed, however, it has requested the Mayor's Office of Neiva to provide a detailed and specific report on the cancellation of compensation due to those workers who were dismissed. With respect to the Government's statement asserting its limited competence over the Mayor of Neiva concerning the payment of the compensation in question, the Committee stresses that such an argument cannot be used to undermine the principles of freedom of association and that any necessary legislative amendments should be made to ensure these principles are respected. In these circumstances, the Committee reiterates its previous recommendation and requests the Government to take the necessary measures with regard to the competent authorities of the Municipality of Neiva to ensure that they pay compensation to all of the workers dismissed in violation of the collective agreement.
3. 313. Regarding the request to the Government to confirm that it had reinstated the five trade union officers of INAT and that they were paid the compensation corresponding to the period during which they were dismissed, the Committee notes the Government's statement that: (1) although the legal authorities of the first instance ordered the reinstatement of the workers, the Superior Court of Neiva challenged that decision and those who were dismissed continue as such until the decision is revised by the Constitutional Court; and (2) there is an ongoing process of negotiation with INAT and the workers who were dismissed in order to find a solution. In these circumstances, the Committee hopes that within the framework of the dialogue which has begun the parties will arrive at an agreement in the near future that is satisfactory to both and requests the Government to keep it informed of developments. Furthermore, the Committee requests the Government to inform it of the final result of the appeal before the Constitutional Court relating to the dismissal of the five trade union leaders.
4. 314. Regarding the allegations relating to: (1) the dismissal of members of the executive committee of SINTRADESAI; (2) the dismissal of Ms. Pamela Newball, leader of the Public Works Trade Union of the Municipality of Cúcuta; (3) the refusal of the Government to negotiate claims by civil servants; (4) the political persecution of Mr. Fermín Vargas Buenaventura, a lawyer, for the defence of trade union rights; and (5) the dismissal of two trade union leaders of SINTRAINPROMEN of the Colombian Institute of Family Welfare and ten trade union leaders of SINTREMAR of the Municipality of Arauca, the Committee regrets that the Government has confined itself to indicating that, as these are recent allegations, the Ministry of Labour and Social Security is endeavouring to make progress on the relevant observations which will be submitted shortly. In these circumstances, the Committee urges the Government to send its observations on these allegations without delay.
5. 315. Finally, as regards the allegations concerning the 11-day detention of Mr. Juan Bautista Oyola Palomá, president of the Public Services Trade Union of the Tunjuelito Hospital, the proceedings launched against him and his suspension from duties, the Committee notes that these allegations were filed recently and requests the Government to provide its observations in this respect.

The Committee's recommendations

1. 316. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee repeats its previous recommendation and requests the Government to take the necessary measures with regard to the competent authorities of the Municipality of Neiva to ensure that they pay compensation to all of the workers dismissed in violation of the collective agreement.
   • (b) Regarding the dismissal of the five trade union leaders of INAT, the Committee hopes that, within the framework of the dialogue which has begun, the parties will arrive at an agreement in the near future that is satisfactory to both and requests the Government to keep it informed of developments. Furthermore, the Committee requests the Government to inform it of the result of the appeal before the Constitutional Court relating to the dismissal of the five trade union leaders.
   • (c) The Committee urges the Government to send its observations relating to the following allegations without delay: (1) the dismissal of members of the executive committee of SINTRADESAI; (2) the dismissal of Ms. Pamela Newball, leader of the Public Works Trade Union of the Municipality of Cúcuta; (3) the refusal of the Government to negotiate the claims of public servants; (4) the political persecution of Mr. Fermín Vargas Buenaventura, a lawyer, for the defence of trade union rights; and (5) the dismissal of two trade union leaders of SINTRAINPROMEN of the Colombian Insitute of Family Welfare (Gladys Correa Ojeda, Marlen Ortiz), and ten trade union leaders of SINTREMAR of the Municipality of Arauca (Alfonso Moreno Velez, Rigo Edilio Torres Yustre, Alvaro Moreno Moreno, Leomarin Roa Morales, Sabiniano Sosa, Zacarias Urrea Gutiérrez, Rafael David Figuera, Emiro Vasquez Baos, Roberto Alexi Rojas, Carlos Geovany Eulegelo).
   • (d) The Committee requests the Government to provide its observations concerning the 11-day detention of Mr. Juan Bautista Oyola Palomá, president of the Public Services Trade Union of the Tunjuelito Hospital, the proceedings launched against him and his suspension from duties.