Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Colombia (Ratificación : 1999)

Strengthening of social dialogue and tripartite consultations. In the report received for the period ending May 2011, the Government indicates that, in accordance with the new structure established by Act No. 1444 of May 2011, the Ministry of Labour envisages stimulating and promoting the development of an industrial relations culture based on dialogue, conciliation and the conclusion of agreements which consolidate social and economic development, increased productivity, the direct resolution of individual and collective labour disputes and dialogue concerning wage and labour policies. The Government indicates that, in accordance with the above, full effect will be given to Convention No. 144. Nevertheless, the report does not contain information on the tripartite consultations held on each of the points enumerated in Article 5(1) of the Convention. The Committee once again expresses its conviction that the Government and the social partners should endeavour to take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) made comments which were forwarded to the Government in September 2011. In their comments, they proposed to the Government that a labour agenda should be prepared and agreed upon specifically including the determination of dates for the discussion of international labour standards and for seeking their ratification. The Committee requests the Government to provide specific information on the manner in which the Government and the social partners have held “effective” consultations on international labour standards, as required by the Convention (Article 5(1)). The Committee recalls that the 2008 Declaration on Social Justice for a Fair Globalization identifies Convention No. 144 as one of the most significant instruments from the viewpoint of governance.

Tripartite consultations prior to submission to the Congress of the Republic of the instruments adopted by the Conference. With reference to its previous comments, the Government indicates in the report that it is a matter of serious concern that Conventions and Recommendations have not been submitted. The Committee notes that the Government intends to bring the matter to the Committee for Dialogue on Wage and Labour Policies to analyse the most expeditious manner of complying with the constitutional obligation of the submission of Conventions and Recommendations to the Congress of the Republic. The trade union organizations confirm in their comments that the instruments adopted by the International Labour Conference have not been submitted to the Congress of the Republic for discussion nor put before the Committee for Dialogue on Wage and Labour Policies. The Committee refers to its observation on the obligation of submission envisaged in article 19(5) and (6) of the Constitution of the ILO. The Committee observes that 34 instruments adopted by the Conference are awaiting submission. The Committee asks the Government to provide information on the effective consultations held with the social partners concerning the proposals made to the Congress of the Republic on the occasion of the submission of the instruments adopted by the Conference (Article 5(1)(b)).

[The Government is asked to reply in detail to the present comments in 2012.]