Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2434 (Colombia) - Complaint date: 15-JUN-05 - Follow-up

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

1. 38. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paras 522–543]. On that occasion the Committee: (a) requested the Government to keep it informed of any developments in relation to the adoption of Legislative Act No. 01 of 22 July 2005, which amends article 48 of the Political Constitution relating to social security, limiting the right to collective bargaining on pension benefits; and (b) with regard to the alleged persecution, through successive disciplinary measures, of Mr Franco Cuartas, a founding member and officer of SINTRAPROAN, requested the Government to both inform it of the result of the application for a declaration of nullity (disciplinary proceedings 030-123975/2005) and the circumstances of these disciplinary proceedings which, according to the complainant, led to the resignation of Mr Franco Cuartas, and, if the allegations were found to be true, to take measures to ensure his reinstatement.
2. 39. The Committee notes that the National Association of Telephone and Communications Engineers (ATELCA) in its communications of 1 and 4 June 2009 refers to Legislative Act No. 01 of 2005 and its implications for the possibility of bargaining collectively on pensions and for collective agreements containing clauses on pensions, questions that have already been examined by the Committee.
3. 40. In a communication dated 27 April 2009, the Government states that it will keep the Committee informed of any developments in relation to Legislative Act No. 01, but that any amendments to that Act are a matter for the constitutional bodies competent to amend the Political Constitution of Colombia. The Committee takes note of this information, and refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.
4. 41. In a communication dated 29 May 2009, the Government forwards the information supplied by the Office of the Attorney-General according to which the various disciplinary proceedings against Mr Franco Cuartas have been concluded, and with regard specifically to case file 030-123975/2005 states that the charge against Mr Franco Cuartas was declared without merit. The Committee notes this information.
5. 42. As regards the alleged resignation of Mr Franco Cuartas following these disciplinary proceedings, the chief of the Human Resources Management Division stated that he has no knowledge of any such resignation by Mr Franco Cuartas, who is currently employed in a graduate-level post (grade 18) in the Valle de Aburrá provincial prosecutor’s office. The Committee notes this information.