Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 329, Novembre 2002

Cas no 1962 (Colombie) - Date de la plainte: 06-MARS -98 - Clos

Allegations: The complainant organizations allege anti-union dismissals in State or municipal institutions, and the impossibility for public servants to negotiate claims.

1. 400. The Committee last examined this case at its March 2002 meeting [see 327th Report, paras. 368-411 approved by the Governing Body at its 283rd Session (March 2002)]. The Trade Union of Public Servants and Employees of the Colombian Institute of Hydrology, Meteorology and Land Development (SINALTRAHIMAT) sent additional information in a communication dated 15 April 2002.
2. 401. The Government sent its observations in communications dated 15 February, 9 April, 31 May, 6 June and 10 July 2002.
3. 402. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 403. In its previous examination of the case at its March 2002 meeting, the Committee made the following recommendations [see 327th Report, para. 411]:
   • (a) Regarding the workers dismissed at the Municipality of Neiva in violation of the collective labour agreement, the Committee reiterates once again its previous recommendation to the Government and requests it to take the necessary measures to ensure that the competent authorities of the Municipality of Neiva pay compensation to all workers dismissed in violation of the collective labour agreement, and to keep it informed of the reconciliation meetings held for this purpose.
   • (b) Regarding the dismissal of the trade union leaders of SINALTRAHIMAT, the Committee requests the Government once again to continue making efforts to find these trade union leaders employment in positions that will become available in the future.
   • (c) Regarding the dismissal of the trade union leaders of SINTRADESAI, the Committee requests the Government to take steps to conclude as soon as possible the administrative labour inquiry into the Governor’s office of San Andrés, and to keep it informed of the outcome.
   • (d) Regarding the mass dismissal and the lifting of the trade union immunity of the officials of the Public Works Trade Union of Cúcuta so that they can be dismissed, the Committee requests the Government to send its observations without delay.
   • (e) Regarding the dismissal of the trade union official Gladis Correa Ojeda, the Committee requests the Government to keep it informed of the proceedings in progress.
   • (f) Regarding the dismissal of the trade union leaders of SINTREMAR, Rigo Idilio Torres and Alvaro Moreno, the Committee requests the Government to keep it informed of the outcome of the proceedings; the Committee notes that the ruling ordering the reinstatement in their jobs of the other trade union leaders has been complied with but it requests the Government to provide new information on the situation given that the complainants have pointed out that there are new proceedings against these reinstatements.
   • (g) Regarding the allegation that the Mayor’s office of the Municipality of Arauca is trying to dismiss Antonio Marín Bravo, legal adviser for SINTREMAR, the Committee requests the Government to keep it informed in this respect.
   • (h) Regarding the political persecution of Fermín Vargas Buenaventura, a lawyer for the trade union, the Committee requests the Government to ensure that the relevant state body begins without delay an inquiry into the situation and requests the Government to keep it informed of developments.
   • (i) Regarding the dismissal and the criminal proceedings against Juan Bautista Oyola Palomá, the Committee hopes that the criminal proceedings will be concluded in the near future and, should Mr. Oyola Palomá be judged innocent, that he is reinstated in his job and with his trade union office without delay. The Committee requests the Government to keep it informed in this respect.
   • (j) Regarding the following allegations: (a) the dismissal of Pamela Newball, leader of the Public Works Trade Union of the Municipality of Cúcuta, and the start of proceedings to lift the trade union immunity of nine trade union leaders; (b) the refusal of the Government to negotiate the claims of public servants; and (c) the dismissal of all workers and trade union members of the Public Servants and Employees’ Trade Union of Pitalito-Huila by the Municipality of Pitalito, the Committee requests the Government to send its observations without delay.

B. Additional information from the complainants

1. 404. In its communication dated 15 April 2002, the Trade Union of Public Servants and Employees of the Colombian Institute of Hydrology, Meteorology and Land Development (SINALTRAHIMAT) states that the Administrative Dispute Department of the Council of State rejected the appeal made by the Single Confederation of Workers of Colombia (CUT)–Huila Section against the decision of the Huila Administrative Tribunal concerning the request for reinstatement of the trade union leaders dismissed from the National Institute of Land Development (INAT).

C. Further replies of the Government

1. 405. In communications dated 15 February, 9 April, 31 May, 6 June and 10 July 2002, the Government states as follows [with regard to the recommendations made in para. 411 of the 327th Report by the Committee at its March 2002 meeting]:
   • (a) Regarding subparagraph (a), the Ministry of Labour and Social Security, in the interest of reaching an agreement between the Municipality of Neiva and the trade union, arranged a reconciliation meeting, during which it was agreed that the Municipality would comply with the recommendations of the Committee on Freedom of Association provided that there was budgetary support from the Government. The trade union organization, for its part, said that it was willing to agree on compensation in accordance with the provisions of Law No. 50 of 1990.
   • (b) Regarding subparagraph (b), the Government held reconciliation meetings between INAT and the trade union organization SINALTRAHIMAT with the aim of agreeing on the reinstatement of the five dismissed trade union leaders or, failing this, on appropriate compensation. In this respect, the chief of the INAT Legal Department stated that INAT was not ordered to reinstate these workers, that their status of persons under appraisal was being debated in the proceedings, and that the courts considered that the suppression of their jobs was based on the Constitution; it states that it therefore proceeded to the recognition of the respective compensation, which was cancelled at the time. In addition, the Government recalls that reinstatement is impossible since the jobs do not exist anymore because of the restructuring of INAT.
   • (c) Regarding subparagraph (c) concerning the dismissal of the members of the executive committee of the trade union organization SINTRADESAI, the Ministry of Labour and Social Security of the islands of San Andrés and Providencia, by means of resolution No. 00191 of 31 December 2001, sanctioned the Governor’s office of the Island Department of San Andrés, Providencia and Santa Catalina.
   • (d) Regarding subparagraph (d), it states that it will send its observations shortly.
   • (e) Regarding subparagraph (e), it states that the judicial proceedings are still in the preliminary stages and the outcome will be communicated.
   • (f) Regarding subparagraphs (f) and (g) concerning the allegations presented by the trade union organization SINTREMAR, it states that the first-instance rulings concerning the reinstatement of the trade union leaders Rigo Idilio Torres and Alvaro Moreno were confirmed by higher judicial authorities and the workers in question were reinstated under a reconciliation procedure, and the municipal administration will comply with the judicial rulings concerning the lifting of the trade union immunity of Mr. Marín, who at present is continuing to work in the Mayor’s office of Arauca.
   • (g) Regarding subparagraph (h) concerning the political persecution of the lawyer for the trade union, Fermín Vargas Buenaventura, it states that the Ministry of Labour and Social Security is not competent to deal with this type of complaint since it is for the Superior Council of the Judicature to supervise proceedings concerning lawyers involved in litigation in the country.
   • (h) Regarding subparagraph (i) on the criminal proceedings against Juan Bautista Oyola, it states that the proceedings are in the final stages and it will communicate the outcome thereof in due course.
   • (i) Regarding subparagraph (j), it states that: (1) Pamela Newball belongs to the SINTRADESAI trade union and, with regard to her dismissal, the Government of the Island Department of San Andrés, Providencia and Santa Catalina was sanctioned; (2) the Government ratified the Labour Relations (Public Service) Convention, 1978 (No. 151), and therefore, in the event of failure by public entities and organizations to initiate collective bargaining in response to claims from public employee unions, trade union organizations shall inform the competent authorities of such refusal so that the latter may take appropriate action; and (3) the Huila Territorial Office began an administrative labour inquiry against the Municipality of Pitalito, which is in its preliminary stages.

D. The Committee’s conclusions

1. 406. The Committee observes that the allegations in the present case refer to anti?union dismissals and the refusal to negotiate collectively with public servants.
2. 407. With respect to workers dismissed at the Municipality of Neiva in violation of the collective agreement, the Committee had requested the Government to take the necessary measures to ensure that the authorities of the Municipality pay compensation to the dismissed workers. The Committee observes that the Government states that the Ministry of Labour and Social Security held a reconciliation meeting between the parties, during which it was agreed that the Municipality would comply with the Committee’s recommendations provided that it received budgetary support from the Government. In this regard, the Committee requests the Government to ensure that its recommendations are complied with, so that full compensation is paid immediately to the workers dismissed in the Municipality of Neiva in violation of the collective agreement.
3. 408. Regarding the dismissal of the trade union leaders of SINALTRAHIMAT, with respect to whom the Committee had requested the Government to continue making efforts to find them employment in positions that would become available in the future, the Committee notes that the complainant organization states that the Council of State rejected the appeal made by CUT – Huila Section concerning the request for reinstatement of the leaders in question and that the Government states that the representatives of INAT indicated at a reconciliation meeting held by the Ministry of Labour that the courts did not order the reinstatement of the dismissed leaders, that the posts that they occupied no longer exist as a result of restructuring of INAT and that the appropriate compensation has been paid to them. Consequently, the Committee will not continue with the examination of these allegations.
4. 409. Regarding the dismissals of the trade union leaders of SINTRADESAI, with respect to whom the Committee requested that the administrative labour inquiry which had been started should be concluded as soon as possible, the Committee notes that the Government states that the Ministry of Labour and Social Security of the islands of San Andrés and Providencia sanctioned the Government of the Island Department of San Andrés, Providencia and Santa Catalina in this respect by means of resolution No. 00191 of 31 December 2001. In addition, the Committee notes that that resolution included the dismissal of Pamela Newball (trade union leader of SINTRADESAI and not of the Public Works Trade Union of the Municipality of Cúcuta, as mentioned in the previous report). Consequently, the Committee requests the Government to ensure that the trade union leaders in question are reinstated in their jobs, without loss of earnings or are compensated fully.
5. 410. As regards the dismissal of the trade union leaders of SINTREMAR, Rigo Idilio Torres and Alvaro Moreno, whose reinstatement had been ordered by the judicial authorities, the Committee duly notes that the Government states that the trade union leaders in question have been reinstated under a reconciliation process.
6. 411. Regarding the allegation that the Mayor’s office of the Municipality of Arauca is trying to dismiss Antonio Marín Bravo, trade union official of SINTREMAR, the Committee notes that the Government states that the decision of the judicial authority on proceedings under way concerning the lifting of the trade union immunity of this trade union official will be complied with and that currently he is continuing to work in the Mayor’s office of Arauca. The Committee requests the Government to keep it informed of the ruling which is issued in the judicial proceedings concerning the lifting of the trade union immunity of Antonio Marín Bravo, trade union official of SINTREMAR.
7. 412. Regarding the judicial proceedings concerning the dismissal of the trade union leader Gladis Correa Ojeda and the criminal proceedings under way concerning the trade union leader Juan Bautista Oyola Palomá (which resulted in his dismissal), the Committee notes that the Government states that both sets of proceedings are under way. Consequently, the Committee expresses the firm hope that both sets of proceedings will be concluded shortly and requests the Government to inform it of the outcome thereof.
8. 413. With regard to the mass dismissal and lifting of trade union immunity of the leaders of the Public Works Trade Union of Cúcuta so that they can be dismissed, the Committee notes with regret that the Government is merely indicating that it will send its observations shortly. The Committee urges the Government to take measures to ensure that an investigation is launched and, if it is ascertained that the dismissals or the lifting of trade union immunity have occurred as a result of trade union activities, to take measures to ensure that the dismissed workers are reinstated in their jobs and that trade union immunity is restored. The Committee requests the Government to keep it informed in this respect.
9. 414. Regarding the alleged political persecution of Fermín Vargas Buenaventura, a lawyer for the trade union, the Committee notes that the Government indicates that it is not within the competence of the Ministry of Labour and Social Security to deal with this kind of complaint. In this respect, the Committee urges the Government to take the necessary measures to ensure that the competent authority launches an inquiry in this respect and to keep it informed of the outcome thereof.
10. 415. As regards the alleged dismissal of all the workers and members of the Public Servants and Employees’ Trade Union of Pitalito?Huila by the Municipality of Pitalito, the Committee notes that the Government states that the Huila Territorial Office launched an administrative labour inquiry against the Municipality, which is in its preliminary stages. In this respect, the Committee requests the Government to speed up the inquiry and, if it is concluded that the dismissals occurred for anti?trade union reasons, to take measures to ensure that the dismissed workers are reinstated in their jobs without loss of earnings. The Committee requests the Government to keep it informed in this respect.
11. 416. Finally, regarding the alleged refusal of the Government to negotiate the claims of public servants, the Committee notes that the Government indicates that it has ratified the Labour Relations (Public Service) Convention, 1978 (No. 151), and that in the event of failure by public entities and organizations to initiate the collective negotiation of claims, the competent authorities should be informed accordingly so that they can take appropriate action. In this respect, the Committee requests the Government to ensure that the provisions of Convention No. 151 are fully implemented, so that the right of public servants to collective bargaining is guaranteed.

The Committee's recommendations

1. 417. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Regarding the workers dismissed at the Municipality of Neiva in violation of the collective labour agreement, the Committee requests the Government to ensure that full compensation is paid immediately to the workers dismissed at the Municipality of Neiva in violation of the collective labour agreement.
   • (b) Regarding the dismissals of the trade union leaders of SINTRADESAI, including Pamela Newball, the Committee, observing that the administrative authority sanctioned the Government of the Island Department of San Andrés, Providencia and Santa Catalina in this respect, requests the Government to ensure that the trade union leaders in question are reinstated in their jobs without loss of earnings or are compensated fully.
   • (c) Regarding the alleged attempt of the Mayor’s office of the Municipality of Arauca to dismiss Antonio Marín Bravo, trade union official of SINTREMAR, the Committee requests the Government to keep it informed of the ruling adopted in the judicial proceedings concerning the lifting of the trade union immunity of this SINTREMAR official.
   • (d) Regarding the judicial proceedings concerning the dismissal of the trade union leader Gladis Correa Ojeda and the criminal proceedings concerning the trade union leader Juan Bautista Oyola Palomá which gave rise to his dismissal, the Committee expresses the firm hope that the proceedings will be concluded shortly and requests the Government to inform it of the outcome thereof.
   • (e) Regarding the mass dismissal and lifting of trade union immunity of the leaders of the Public Works Trade Union of Cúcuta so that they can be dismissed, the Committee urges the Government to take measures to ensure that an inquiry is conducted and, if it is concluded that the dismissals or the lifting of trade union immunity have been the result of their trade union activities, to take measures to ensure that the dismissed workers are reinstated in their jobs and that trade union immunity is restored. The Committee requests the Government to keep it informed in this respect.
   • (f) Regarding the alleged political persecution of Fermín Vargas Buenaventura, a lawyer for the trade union, the Committee urges the Government to take the necessary measures to ensure that the competent authority launches an inquiry in this respect and to keep it informed of the outcome thereof.
   • (g) Regarding the alleged dismissal of all the workers and members of the Public Servants and Employees’ Trade Union of Pitalito?Huila by the Municipality of Pitalito, the Committee requests the Government to speed up the inquiry and that, if it is concluded that the dismissals occurred for anti?trade union reasons, it should take measures to ensure that the injured parties are reinstated in their jobs without loss of earnings. The Committee requests the Government to keep it informed in this respect.
   • (h) Regarding the alleged refusal of the Government to negotiate collectively the claims of public servants, the Committee requests the Government to ensure that the provisions of the Labour Relations (Public Service) Convention, 1978 (No. 151) are fully implemented, so that the right of public servants to collective bargaining is guaranteed.