Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Colombia (Ratification: 1999)

The Committee notes the Government’s reply to the 2019 observations of the General Confederation of Labour (CGT), included in its report. The Committee also notes the observations of the CGT, the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 1 September 2023, sent by the Government. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2023. The Committee further notes the observations of the International Organisation of Employers (IOE), received on 27 August 2024, and also the Government’s reply, received on 3 October 2024. The Committee requests the Government to provide its comments on the observations of the ANDI.

Article 3(1) of the Convention. Election of the representatives of the social partners. The Committee notes the Government’s indication that on 20 April 2021 it asked the Ministry of Labour of the Government of Brazil to share its experiences on the implementation and updating of the trade union census. The bilateral cooperation focused on representativeness in the context of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL) and the participation of workers’ confederations in various scenarios, and the unionization rate in the country. The Government also indicates that consultations with trade union actors in the CPCPSL are planned with a view to considering the implementation of a new extended trade union census in the context of labour reform. The Committee notes that the CUT, CTC and CGT indicate that the last trade union census was carried out in 2017. They voice concern at the lack of reliable information to enable the union census to be updated and emphasize its importance for defining the level and degree of representativeness of trade union organizations, especially with the emergence of apparently new trade union confederations. The CUT, CTC and CGT ask the Government to provide a report, including parameters and a timetable for producing an update of the trade union census and verifying the representativeness of trade unions. In this regard, the Committee recalls that, under Article 1 of the Convention, the term “representative organizations” means the most representative organizations of employers and workers enjoying the right of freedom of association. The Committee refers to its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and requests the Government to continue providing information on the measures taken, in consultation with the trade unions, to update the union census, and on the outcome of the measures.

Tripartism and social dialogue. The Committee notes that the Government underlines its position that any public policy or reform on labour matters is the result of consensus between the actors in the world of work. The Government adds that as a result any initiative is the subject of consultation within the CPCPSL. The Committee notes that the CUT, CTC and CGT emphasize in their observations that, since October 2022, the Government has promoted an atmosphere of consultation and social dialogue by convening CPCPSL subcommittees to publicize and consult on the various social reforms being prepared in the National Congress (Para. 5(c) of Recommendation No. 152).

The Committee also notes that the IOE and the ANDI, for their part, emphasize that the bills on health, pensions and labour matters were presented to the National Congress without consultation of the country’s most representative social partners. The IOE stresses that this violated the constitutional mechanisms for tripartite social dialogue. In this regard, the Committee notes that the ANDI maintains that: (i) in November 2022, four subcommittees were created to analyse the proposed labour and pension reform; and (ii) consultations were held between December 2022 and March 2023 on a labour reform text containing agreements between the Government and the social partners on relevant issues. However, the ANDI emphasizes that: (i) on 16 March 2023, the Government submitted to the National Congress a labour reform bill which differed from the text discussed and proposed in the context of the tripartite social dialogue; (ii) in July 2023, this bill was shelved by the National Congress because it had not been approved in the first debate; and (iii) in August 2023, the Government presented a new labour reform bill on which no tripartite consultations had been held. In this regard, the Committee notes the information provided by the Government in its reply regarding the various social and tripartite dialogue strategies and scenarios deployed by the Ministry of Labour to ensure the participation of the social partners in the development of labour policies, projects and initiatives, including the labour reform bill. The Government indicates that: (i) on 24 October 2022, the CPCPSL Subcommittee on Labour Reform was created, which met on 12 occasions with the participation of the social partners; and (ii) various consultations with the public were held in 2023 and 2024 in relation to the labour reform project, including through dialogue forums in the country’s main cities and the establishment of a virtual channel on the Ministry of Labour’s website. The Committee also observes that, according to information available on the ILO website, between 1 March 2023 and 31 March 2025, the “Strengthening the strategy for participation in labour reform in Colombia” project was implemented with ILO technical assistance. The aim of the project was to support the participation of labour actors in the labour reform process through the promotion of tripartite social dialogue. The project was carried out with the cooperation of the Government of Canada, the ANDI and the three trade union confederations. In this context, the Committee notes that in June 2025 Act No. 2466 of 2025 was approved, partially modifying labour regulations and adopting a labour reform for decent and dignified work in Colombia.

Lastly, the Committee notes that the ANDI stresses that no tripartite consultations were held on the communication sent by the ILO Director-General supporting the request from the Workers’ group to include an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for a discussion and decision on an urgent referral to the International Court of Justice (ICJ) concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), with respect to the right to strike. The ANDI stresses that the lack of consultation on this issue violates the rights of employers, disregards the tripartite social dialogue forums developed in the country and hinders the establishment of such forums in the future. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 27 August 2024. The Committee invites the Government to continue providing information on the measures taken to build the capacity of constituents and strengthen tripartite mechanisms and procedures, as well as the challenges and good practices identified, in accordance with Article 4 of the Convention and Paras 3(3) and 4 of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152).

Articles 4 and 6. Financial support. Annual report. The Committee notes the Government’s reply to the 2019 observations of the CGT concerning the need for technical and financial assistance to increase the frequency of tripartite consultations held in the CPCPSL Subcommittee on International Affairs. In this regard, the Government indicates that although the 33 departmental subcommittees for dialogue on wage and labour policies – spread across 32 departments and in the District Capital of Bogota – do not have a technical secretariat or a specific budget, they receive an allocation from the annual budget of the Ministry of Labour for the hiring of technical secretaries. The Committee also notes the detailed information included in the Government’s report on the periodic meetings held by the various CPCPSL departmental subcommittees in 2019 and the approval of 32 social dialogue plans, which determine the timetable and objectives to be followed by the subcommittees. The Government provides information on the training activities carried out in 2019 in the context of the departmental subcommittees, including on the ILO Conventions. The Government also indicates that the Subcommittee on International Affairs met six times in 2019, making it one of the eight CPCPSL thematic subcommittees that held the most sessions in the year. However, the Committee notes that the CUT, CTC and CGT state that the latest bulletin from the CPCPSL technical secretariat is from 2014, so no updated information is available. The Committee requests the Government to send a copy of the annual reports on the activities of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL), in accordance with Article 6 of the Convention.