Effect given to the recommendations of the committee and the Governing Body - Report No 342, June 2006

Case No 2068 (Colombia) - Complaint date: 20-JAN-00 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 64. The Committee last examined this case at its November 2005 meeting [see 338th Report, paras. 682-711]. On that occasion the Committee made the following recommendations:
   • (a) Concerning the murders of trade union officials Jesús Arley Escobar, Fabio Humberto Burbano Córdoba, Jorge Ignacio Bohada Palencia and Jaime García, the Committee once again strongly urges the Government to take the necessary steps without delay to ensure that the investigations allow those responsible for these murders to be identified and adequately punished in the near future and to keep it informed in this respect.
   • (b) Regarding favouritism towards one of the enterprise unions to the detriment of the industry union, the Committee requests the Government to ensure that the principles of freedom of association are fully respected in the enterprise, particularly as regards the non-interference of the enterprise in favour of a union.
   • (c) Regarding the violation of the collective agreement in the Textiles Rionegro enterprise, while regretting that the Government has not sent its observations on the matter, the Committee requests that it promptly take measures to guarantee the full application of the existing collective agreement in the enterprise.
   • (d) Regarding the allegations presented by ASEINPEC concerning the dismissal of union leaders in violation of trade union immunity, the Committee requests the Government to carry out an independent investigation to determine whether the union leaders dismissed in violation of union immunity for participating in a one-day action in support of prison security in 2000 have all been reinstated as ordered by judicial and administrative rulings and requests the Government to keep it informed in this respect.
   • (e) Regarding the allegations of the dismissal of union leaders and members in the Municipality of Puerto Berrío – 57 members, including members of the Executive Committee of the Union of Puerto Berrío Municipal Workers and 32 members of the Puerto Berrío Municipal Employees’ Association – in view of the fact that the Labour Inspector sanctioned the municipality for the collective dismissal, in particular that of the union leaders, the Committee requests the Government to take measures to carry out an independent investigation to determine whether, in the restructuring process, the workers who were merely union members were the object of anti-union discrimination and to keep it informed in this respect.
   • (f) As regards the SINTRAUTRO members dismissed in 1992 from the SOFASA enterprise, who, according to the CUT, were not included in the 1997 conciliation agreement, the Committee, while observing that the dismissals took place more than ten years ago, requests the Government to ensure that the workers involved have been fully compensated. In this context, the Committee requests the complainant to send the Government a full list of the workers affected.
2. 65. The Government sent its observations in communications dated 18 November 2005 and 23, 24 and 26 January 2006.
3. 66. The Employees’ Association of the National Penitentiary and Prison Institute (ASEINPEC) sent additional information in a communication dated 23 October 2005.
4. 67. With regard to recommendation (a) relating to the murders of trade union officials Jesús Arley Escobar, Fabio Humberto Burbano Córdoba, Jorge Ignacio Bohada Palencia and Jaime García, the Committee regrets that the Government has not sent its observations on the matter. The Committee expresses the firm hope that the Government will adopt without delay the necessary measures to elucidate the facts and punish those responsible.
5. 68. As to recommendation (c) relating to the violation of the collective agreement in the Textiles Rionegro enterprise, the Government indicates that additional information on the matter has been requested from the trade union organization as part of the investigation and that a new collective agreement was signed on 29 May 2005, with validity until 31 May 2007. The Committee notes this information.
6. 69. As regards recommendation (d) concerning the dismissal of ASEINPEC union leaders in violation of trade union immunity, the Government indicates that the Director-General of the National Penitentiary and Prison Institute (INPEC) stated in communication 7100-DIG of 24 January 2006 that all the judicial and administrative rulings have been strictly complied with, including the decisions ordering the reinstatement of certain officials. The INPEC currently has no judicial rulings pending compliance. Nevertheless, by way of official letter No. 18096 of 13 December 2005, the trade union organizations ASEINPEC and SINGINPEC were asked to provide information on circumstances or observations that they might have with respect to the situation, without having brought the matter up.
7. 70. However, as regards the dismissal, the Committee also notes that the trade union organization has sent additional information on the matter, according to which the Government, while it has carried out the reinstatements, has not recognized the payment of the social benefits to the reinstated officials. The trade union organization sent a list of the workers affected, namely: Buyuque Penagos Henry, Cardona Marín Rafael, Pérez Santander Jairo, Gómez Suárez Leonardo, Gracia Domingo José Halles, Gutiérrez Rojas Gustavo, Gutiérrez Santos Luís Fernando, Hernández Bastidas Filmar Edgar, López Tordecillas Libis Lucía, Martínez Giraldo Francisco, Nieto Rengifo Harold, Parra Verdugo Alirio, Serna Rengifo Pedro, Shonewolf Romero Efraín, Velásquez Rodríguez Cayetano, Villarraga Miriam Fran Mauricio, Suárez Cardona Orlando Alberto, González Muñoz Javier, Palencia Galvis Jorge Humberto, Milton Marino Polo Cortez, Amaya Patiño Germán, Conrado García Villada, Carlos Alirio Puentes, Juan de la Rosa Grimaldos Barajas. According to the trade union organization in the administrative proceedings, the Government indicates that they have already been paid. In view of the fact that there are legal proceedings pending, the Committee requests the Government to keep it informed of the final outcome.
8. 71. As regards Juan de la Rosa Grimaldos in particular, the Government indicates that he was dismissed for unjustified absence from his post. Mr. Grimaldos lodged an appeal for reversal against Decision No. 1616 of 1 June 2000, which declared the post to be vacant as a result of abandonment, and it was rejected. He also brought proceedings before the ordinary court, which were also rejected, a decision that was upheld by the High Court of Bogotá. The Committee notes this information.
9. 72. Concerning recommendation (e) relating to the dismissal of union leaders and members in the Municipality of Puerto Berrío, the Government states that in re-examining Decision No. 8333625-005 of 2 August 2002 as a result of which the municipality was fined, it appears that the inspector handed down an opinion with respect to the trade union persecution, but not to the collective dismissal. The Committee observes that it is not clear from the Government’s statement whether or not there was anti-union discrimination in the framework of the restructuring process. This being the case, and so that it may examine the matter in full possession of the facts, the Committee requests the Government to send a copy of Decision No. 8333625-005 of 2 August 2002, to which it referred previously.
10. 73. With respect to recommendation (f) concerning the SINTRAUTRO members dismissed in 1992 from the SOFASA enterprise, who, according to the CUT, were not included in the 1997 conciliation agreement, the Government states that the trade union organization has been requested to send information on the workers affected, which has not yet been received. The Government also sends a communication from SOFASA S.A. in which it says it will provide the relevant clarifications on the workers affected, as soon as the complainant organization sends the Government a list of them. The Committee notes this information.