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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

The Committee notes the joint observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), received on 31 August 2025, and the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 31 August 2025, and the observations of the International Trade Union Confederation (ITUC), received on 8 September 2025, as well as the Government’s comments in this respect. The Committee notes that these different observations refer to matters addressed by the Committee in the present observations, as well to allegations of the violation of the Convention in practice.

Trade union rights and civil liberties. The Committee recalls that, for many years, it has been examining, as has the Committee on Freedom of Association, allegations of violence against trade unionists and impunity in this regard. The Committee firstly notes the information provided by the Government regarding the murders registered by the Office of the Public Prosecutor, which reports that between January 2023 and August 2025, 24 murders of members of the trade union movement were registered in the ordinary courts, indicating that: there has been a conviction in one case; eight cases are before the courts; one case is under investigation with the issue of an arrest warrant; and 14 cases are under investigation, with investigative work and requests for additional information from complainants or relatives of victims, which represents a 40.91 per cent advance in the proceedings. The Committee also duly notes the Government’s information on the strategies implemented by the Office of the Public Prosecutor to effectively investigate murders, threats and other acts of anti-union violence.

The Committee also notes the Government’s information on developments in the Threats Group in the Human Rights Department (GTNA) highlighting that: (i) in 2023, a conviction was secured for the crime of threats made against seven trade unionists; and (ii) in 2024, the principle of discretion was upheld in a case involving threats against the president of a trade union branch committee. The Committee further observes the Government’s indication that coordination with bodies such as the Ministry of Labour has been strengthened to identify cases in which there is an attestation of trade union membership, in order to accurately ascertain the trade union status of the victims.

The Committee also notes the Government’s information on action taken by the National Protection Unit: (i) between May 2023 and July 2025, 21 collective applications and 2,645 individual applications were processed; (ii) between 2023 and July 2025, 768 orders were issued for individual risk assessments, and 250 people are covered by comprehensive individual protection measures, and three comprehensive collective protection measures are in place.

The Committee notes that the trade union confederations reiterate the persistent stigmatization and violence against trade unionists, claiming that between 2023 and July 2025 there were 300 cases of threats, 185 murders, 32 kidnappings, 23 attacks, 12 cases of exile, 11 enforced disappearances, 11 arbitrary detentions, 9 enforced displacements, 4 cases of torture, 4 personal injuries, 3 cases of information theft and 3 cases of illegal surveillance. They also claim that, despite institutional efforts, impunity exceeds 90 per cent. The organizations state in particular that: (i) although the creation of the Threats Group in the Human Rights Department and the strengthening of the National Protection Unit are significant institutional improvements, these actions are insufficient given the magnitude and persistence of anti-union violence in the country; and (ii) there is a need to establish a specialized prosecutor’s office for anti-union violence, with technical and budgetary independence, to advance with the prosecutions of perpetrators.

The Committee also notes that the ITUC: (i) denounces the murder of John Jarry Vargas Sarabia, a member of the Manual Workers’ Trade Union, which occurred on 9 May 2024 in the municipality of Tibú, noting that to date no arrests have been made in connection with this case; and (ii) indicates that in 2024 there were 64 murders of human rights defenders, social leaders and signatories to the peace process. The Committee lastly notes the information presented by ANDI, which indicates that the Government and the Office of the Public Prosecutor have made efforts to move forward with the investigation and prosecution of crimes of anti-union violence.

The Committee expresses its deep concern at the persistent murders and other acts of violence against members of the trade union movement in the country. The Committee especially notes the information of the trade union confederations regarding the specific impact on: (i) regions such as Cauca, Antioquia and North Santander, due to the presence of illegal armed groups and territorial conflicts; and (ii) trade unions in the education, health, mining and agro-industry sectors.

While it is aware of the complexity of the challenges faced and the considerable inter-institutional efforts made by the competent authorities, the Committee is nevertheless once again bound to note: (i) the absence of data on the number of convictions of the instigators of anti-union violence and it once again emphasizes in this regard the essential importance of the identification and conviction of the instigators of these crimes in order to break the cycle of anti-union violence; and (ii) the fact that particular regions and sectors are still especially affected by anti-union violence.

Acknowledging the significant ongoing action of the public authorities, the Committee urges the Government to, in consultation with the trade union organizations concerned, continue to strengthen its efforts and resources to provide adequate protection for all trade union leaders and trade unionists at risk, as well as for their organizations, giving special attention and funds to the regions and sectors most affected. While taking due note of the convictions handed down, the Committee also urges the Government to continue to take all necessary measures to ensure that all acts of anti-union violence, including murders, that have occurred in the country are investigated and that the perpetrators, both those who committed the crime and those who instigated it, are convicted. The Committee especially hopes that all additional measures will be taken, and all necessary resources allocated to ensure that criminal proceedings and investigations are more effective at identifying and punishing the instigators of acts of anti-union violence. While referring to the recommendations made by the Committee on Freedom of Association in its recent examination of Case No. 2761 (411th Report of the Committee on Freedom of Association, June 2025), the Committee requests the Government to provide detailed information in this respect.

Collective compensation measures for the trade union movement. The Committee notes the Government’s information that, within the framework of the Standing Dialogue Forum for Collective Compensation for the Trade Union Movement: (i) in 2023, the trade union movement developed a matrix of remedial action that has been monitored by the Inter-institutional Management Directorate; (ii) in 2024 and 2025, regional and sectoral meetings were held and through the Trade Unionism Counts (El Sindicalismo Cuenta) strategy, public awareness was raised concerning the impact of the armed conflict on trade union activity in different regions; and (iii) the damage assessment document will be drafted with a view to identifying the actions necessary to repair the damage caused in the context of the armed conflict.

The Committee also notes the observations of the trade union confederations, which state that, despite the establishment of the Forum: (i) the Office of the Attorney-General, in its monitoring report on the Peace Agreement, reports a failure to comply with the targets for collective reparation for victims of the conflict, including the trade union movement as, out of the 33,007 initiatives proposed through the Regional Focus Development Programmes (PDET), only 0.5 per cent involve reparation; and (ii) reparations cannot be limited to symbolic gestures but must result in specific measures that strengthen the trade unions which suffered as a result of the conflict and acknowledge their contribution to democracy and social justice. The Committee takes due note of the updated information provided by the Government and requests it, in consultation with the trade union organizations concerned, to continue to take all necessary measures to move towards the adoption of remedial action. The Committee requests the Government to continue to provide information in this respect.

Section 200 of the Penal Code. In its previous comments, after noting the absence of the imposition of criminal sanctions for violations of this provision of the Penal Code, despite the very high number of complaints of criminal offences made since 2011, the Committee requested the Government to engage, together with the Office of the Public Prosecutor and the social partners, in an assessment of the effectiveness and enforcement of section 200 of the Penal Code (which establishes criminal sanctions for a series of acts that are contrary to freedom of association and collective bargaining) and to report the outcome and any action taken as a result.

The Committee notes the Government’s indication that, from January 2023 to August 2025, the Office of the Public Prosecutor opened 418 investigations, 177 of which are inactive: 92 have been shelved (due to no criminal conduct or to the ineligibility of the complainant); 13 achieved reconciliation; 41 were not pursued; 12 expired; and 19 for other reasons of inactivity. The Government notes that victims may request the reopening of the investigation and provide new evidence to that end. The Government also indicates that 241 cases remain active in the investigation stage and that a total of 683 investigative operations related to these proceedings have been recorded.

The Committee notes the Government’s additional information that: (i) within the framework of the Inter-institutional Human Rights Commission, two sessions were held in 2025, the latest one with the participation of the National Protection Unit and the National Police, at which contributions relating to section 200 of the Penal Code were invited; (ii) the Office of the Public Prosecutor reaffirms its commitment to robustly addressing and prioritizing investigations into this crime; and (iii) in August 2024, the Deputy Office of the Public Prosecutor initiated specialized training for deputy prosecutors to ensure they fully understand all aspects of this crime, with further training planned for the second half of 2025 with support from the United States Government.

The Committee further notes that the Government responds to the observations of the trade union confederations on the low number of cases settled, set out in the last comment, indicating that: (i) reconciliation meetings have been held in the departmental units, but the responsibility for reaching an agreement lies solely with the parties; and (iii) the decrease in the number of out-of-court settlements reported by the Office of the Public Prosecutor is due to the actionable nature of the offence and the practice of having recourse to conciliation through channels other than the Office of the Public Prosecutor. 

The Committee notes that the trade union confederations indicate that: (i) despite the institutional efforts reported, not a single conviction has been secured since 2011; and (ii) section 200, as it stands, does not comply with international standards for the protection of freedom of association due to its legal ambiguity, the difficulty of providing evidence and the lack of institutional will to prosecute these crimes, which have made it a symbolic provision with no real dissuasive or reparative capacity.

In light of the foregoing, the Committee once again notes that, despite the significant number of investigations into violations of section 200 of the Penal Code, it still has not been informed of any convictions since this crime was legally defined in 2011. The Committee therefore once again requests the Government, together with the Office of the Public Prosecutorand after consultation with the social partners, engage in an exhaustive assessment of the criminal offence set out in section 200 of the Penal Code and its enforcement with a view to examining the legislative or institutional adjustments that would ensure its effectiveness. The Committee requests the Government to provide information on the findings of this assessment.

Legislative reform. The Committee recalls that, in its previous comment, it noted with interest that several provisions of the draft legislation submitted to Congress on 24 August 2023 sought to respond to requests by the Committee to align law and practice with the Convention relating to: trade union contracts; the prohibition of the right to strike of federations and confederations; the definition of activities and services in which a strike is prohibited; and judicial cancellation of trade union registration (procedural grounds and rules). The Committee observes that, while the labour reform was adopted through Act No. 2466 of 2025, the definitive text adopted did not include the above-mentioned reforms. The Committee also notes that the reform of the Labour Procedure Code was approved through Act No. 2452 of 2025, under an initiative promoted by the judicial branch, and will come into force on 2 April 2026.

The Committee notes the ANDI’s observations alleging that the Government has not convened any meetings of the Labour and Wage Policy Coordination Committee since March 2023 and did not carry out a tripartite consultation on the aforementioned labour reform that gave rise to the adoption of Act No. 2466. Recalling its previous comment in this respect, the Committee requests the Government to ensure that any future reform process relating to matters covered by the Convention be preceded by full consultation with the most representative social partners.

Articles 2 and 10 of the Convention. Trade union contracts. With regard to trade union contracts, a contractual concept envisaged in Colombian legislation (section 482 of the Substantive Labour Code) under which one or more workers’ unions undertake to provide services or carry out work for one or more enterprises or employers’ unions through their members, the Committee recalls that in its previous comments, it requested the Government to: (i) conduct a detailed assessment of the use of trade union contracts, particularly in the health sector; and (ii) take the necessary measures, including legislative measures where necessary, to ensure that trade union contracts do not undermine the trade union rights of workers and are not used for purposes that are incompatible with Article 10 of the Convention. The Committee notes the Government’s indication that: (i) the amendment of section 482 of the Substantive Labour Code aimed at eliminating trade union contracts, which was part of the labour reform bill of 2023, was withdrawn during the legislative process in Congress; (ii) the labour administration continues to keep a record of union contracts concluded, conducts inspections and leads investigations into possible misuse, which are prioritized for review by the Special Investigations Unit; (iii) 1,358 trade union contracts were signed in 2023, 2,174 in 2024 and 890 in 2025, and of the 1,112 contracts in force in June 2024, 1,016 were in the health sector; (iv) four inspections relating to employers with trade union contracts were carried out in 2023, 17 in 2024 and 5 as at July 2025; and (v) Act No. 2466 of 2025 inserted section 59A into the Substantive Labour Code, aimed at ensuring that no form of labour mediation or outsourcing, including trade union contracts, is used as way of violating workers’ labour rights.

The Committee notes that the trade union confederations continue to denounce the ongoing use of trade union contracts by false unions as a means of undermining collective bargaining and fragmenting trade union organization, highlighting the harmful consequences of this practice in sectors such as health and agriculture. The Committee also notes the observations of ANDI, which: (i) reiterates that trade union contracts do not violate the provisions of the Convention, as they enable unions to maintain constant dialogue with the employer and secure benefits for their members; (ii) indicates that, although the Ministry of Labour has identified all the trade union contracts signed in the country and recognizes their impact on the health sector (where 90 per cent of them are found), it has not promoted strategies to strengthen inspection, monitoring and enforcement.

The Committee notes the various elements mentioned above and notes with regret the reduction in inspections focusing on trade union contracts. The Committee recalls that it considers that the attribution, through a commercial relationship, to a workers’ union of the power of management and decision-making concerning the employment of its members generates a conflict of interest and may therefore undermine its capacity to fulfil the specific functions of trade unions to support and defend independently the claims of their members in relation to terms and conditions of employment and work.

In light of the risks of the use of these contracts creating conflicts of interest undermining trade union activities and the protection of the trade union rights of workers, the Committee urges the Government to immediately and substantially step up inspection activities focused on the use of trade union contracts, especially in the health sector, and requests it to, in consultation with the social partners, take the necessary measures, including legislative if necessary, to ensure that the use of trade union contracts does not undermine the trade union rights of workers and is not applied for reasons that are incompatible with Article 10 of the Convention. The Committee requests the Government to provide information on any progress in this respect.

Article 4. Judicial cancellation of trade union registration. The Committee recalls its comments concerning participation in a strike that has been declared unlawful being a reason for the suspension or cancellation of the legal status of a union (section 450 of the Substantive Labour Code) and the short procedural time limits established for the judicial cancellation of trade union registration (section 380.2 of the Substantive Labour Code).

The Committee notes the Government’s indication that: (i) the proposal to amend section 450 of the Substantive Labour Code was not accepted during the legislative process; (ii) within the framework of the reform of the Labour Procedure Code, the legislator opted to maintain the time limits for lodging an appeal and providing evidence, set out in section 380.2 of the Substantive Labour Code, now laid down in section 313 of the above-mentioned Procedure Code, taking into consideration the special nature of the procedure for the judicial cancellation of the legal status of trade union organizations; (iii) full respect for due process is nonetheless ensured at all stages, thus enabling the parties to exercise their right to defend and contest, while maintaining the suspensive effect of the right to appeal; and (iv) the new Labour Procedure Code broadens the jurisdiction of the Labour Chamber of the Supreme Court of Justice to exercise greater control and provide standard criteria at the national level on the right to strike, which helps to provide protection against the cancellation of union registration as a result of a declaration of a strike as unlawful in some cases.

The Committee notes that the trade union confederations: (i) claim that the judicial cancellation of trade union registration has been used by employers as a means of reprisals, especially in contexts of labour disputes; and (ii) continue to consider that the procedural time limits are too short for trade unions to exercise their right of defence and indicate that, according to the 2025 national trade union survey conducted by the National Trade Union School, 74 per cent of the trade unions consulted consider that the current procedural time limits do not allow them to defend themselves adequately.

While duly noting the information provided by the Government regarding the new section 313 of the Labour Procedure Code, the Committee reiterates that the cancellation of trade union registration constitutes an extreme form of interference that must be confined to serious violations of the law after exhausting other less drastic means of action for the organization as a whole, and emphasizes that it is important for such measures to be accompanied by all the necessary guarantees that can only be ensured by normal judicial procedures. In light of the foregoing, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to revise the legislation in order that the mere participation in a strike that is declared unlawful does not constitute a reason for the dissolution of a trade union and to extend the time limits to lodge an appeal and provide evidence under section 313 of the Labour Procedure Code.The Committee also requests the Government to provide information on the processes of cancellation and suspension of trade union registration in practice.

Articles 3 and 6. Right of workers’ organizations to organize their activities and to formulate their programmes. With regard to section 430 of the Substantive Labour Code on essential public services, the Committee notes the Government’s indication that: (i) the provisions of the labour reform bill presented by the Government aimed at regulating the right to strike in public services were not approved by Congress; and (ii) at the level of jurisprudence, however, the Labour Cassation Chamber of the Supreme Court of Justice has developed an interpretative line, in accordance with the criteria established by the Committee on Freedom of Association and the Committee. In this regard, the Government indicates that the Supreme Court distinguishes between economic activity in general and the specific services provided in that context, making it possible to identify the minimum services within an essential public service and to thereby attest that a work stoppage affected a minimum service in such a way that it created a direct, immediate and obvious risk to the life, health or safety of the whole or part of the population.

The Committee also notes the observations of the trade union confederations, which: (i) reiterate that there are ongoing restrictions to the right to strike imposed by employers and judicial officials who disregard legal precedents that recognize this right more broadly; and (ii) authorities such as the Office of the Attorney-General have demanded an end to lawful strikes, such as the one that took place at the Ministry of Labour in 2025. The Committee further notes that ANDI, after reaffirming its position that the right to strike is not covered by the Convention, once again states that Colombia has defined essential services in its legislation, which the country’s high courts have reviewed and deemed in line with the provisions of its Constitution and relevant ILO Conventions.

The Committee takes due note of the information and views provided. The Committee observes that the existing legislation (section 430(b), (d), (f) and (h); and section 450(1)(a) of the Substantive Labour Code; Taxation Act 633/00; and Decrees Nos 414 and 437 of 1952, 1543 of 1955, 1593 of 1959, 1167 of 1963, and 57 and 534 of 1967) still contain provisions that prohibit the right to strike in a broad range of services that are not necessarily essential in the strict sense of the term. The Committee recalls that in its previous comments, it indicated that: (i) it considers that essential services, for the purposes of restricting or prohibiting the right to strike, are only those the interruption of which would endanger the life, safety or health of the whole or part of the population; and (ii) although the concept of essential services is not absolute, the Committee has considered that sectors such as oil and public transport do not constitute essential services in the strict sense of the term, but are public services of paramount importance in which the maintenance of a minimum service may be required. In light of the foregoing, and while noting with interest the jurisprudence of the Supreme Court, mentioned by the Government, the Committee requests the Government to, in consultation with the most representative social partners, take measures to revise the above-mentioned legislative provisions relating to essential services in the manner indicated. The Committee requests the Government to provide information on any progress in this respect.

With regard to section 417 of the Substantive Labour Code, which prohibits federations and confederations from calling strikes, the Committee recalls once again that, under the terms of Article 6 of the Convention, the guarantees of Articles 2, 3 and 4 apply fully to federations and confederations, which must therefore be able to determine their programmes in full freedom. The Committee also highlights that, in accordance with the principle of trade union independence as set out in Article 3 of the Convention, it is not for the State to determine the respective roles of first-level unions and of the federations and confederations to which they are affiliated. In light of the above, and on the basis of Articles 3 and 6 of the Convention, the Committee once again requests the Government to take the necessary measures in the near future to eliminate the prohibition of the right to strike of federations and confederations as set out in section 417 of the Substantive Labour Code. The Committee requests the Government to provide information on any developments in this respect.

The Committee hopes that, in the light of these comments, the Government will, in consultation with the most representative social partners, continue to take all measures available to it to progress in the full application of the Convention in law and practice. The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.