Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 324, Marzo 2001

1. 326. The Committee last examined this case at its May 2000 meeting [see 322nd Report, paras. 94-106].
2. 327. The Government sent its observations in communications dated 30 August 2000 and 4 January 2001.
3. 328. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 329. In its previous examination of the case with regard to the allegations of non-compliance with a collective agreement, challenges to trade union statutes, assault against trade unionists, dismissal of trade union officials, illegal deductions for days of strike action, and refusal to negotiate, the Committee made the following recommendations [see 322nd Report, para. 106]:
   • - The Committee urges the Government to take the necessary steps to ensure compliance with the May 1997 collective agreement between the Ministry of Defence and ASEMIL. The Committee also requests the Government to keep it informed of the result of the investigation made by the Attorney-General of the Nation.
   • - The Committee deeply regrets that, despite the dispatch of a direct contacts mission to Colombia, the Government has not communicated its observations on the following allegations that were still pending from its previous examination of the case: (1) the workplaces in the Naval Hospital of Cartagena and the Central Military Hospital of Bogotá were taken over by the military during the national protest movement of 20 and 21 May 1998; (2) posters alluding to the protest movement were destroyed in the Central Military Hospital of Bogotá and trade unionists were assaulted, leaving 42 of them wounded (the complainant gives the names of six of those wounded, with details as to their injuries and the resulting degree of incapacitation); and (3) more than a month's pay was docked from over 60 union members in the Naval Hospital of Cartagena and a week's wages from 200 members in the Central Military Hospital of Bogotá, even though the strike was only for two days. The Committee calls on the Government to send its observations on these allegations as a matter of urgency.
   • - The Committee requests the Government to send its observations on the new allegations recently submitted by the complainant (refusal to grant time off for trade union activities, anti-union harassment, increasing the working day in violation of an agreement, and assignment of civilian employees to armed conflict zones).

B. The Government's reply

1. 330. In its communications dated 30 August 2000 and 4 January 2001, the Government states that it has petitioned on a number of occasions the Attorney-General of the Nation in order to speed up the investigation relating to compliance with the collective agreement between the Ministry of Defence and ASEMIL in 1997, and is currently awaiting a reply on this matter. The Government adds that it in any event organized a conciliation hearing for 17 March 2000 through the Regional Management of Bolívar with the trade union organization ASEMIL and the Ministry of Defence wherein the parties, of common accord, came to the following understanding: "to avoid further difficulties it is agreed to respect, in its entirety, the final report of the Follow-up Committee on the agreement of 6 May 1997". Furthermore, in order to resolve any conflicts, the Ministry of Labour and Social Security is promoting negotiations with the parties and has requested the trade union to begin this.
2. 331. As regards the military taking over workplaces during the national protest movement of 20 and 21 May 1998, the Government states that given the surrounding circumstances during those days and given that these are essential public services, i.e. a hospital in a country where armed internal conflict is taking place, the military's response was proportional to the situation. The Government adds that this matter is being investigated by the competent authorities.
3. 332. Regarding the destruction of posters alluding to the protest movement and assault on trade unionists, the Government states that the trade union lodged a complaint before the Attorney-General of the Nation. The Attorney-General has begun "preliminary inquiries in order to establish whether there were disciplinary irregularities" and has informed the Procurator-General's Office.
4. 333. Finally, regarding the new allegations, the Government states that, with a view to obtaining a negotiated settlement, it called the parties to a meeting to further the discussions on pending issues, but that the complainant organizations did not attend the meeting. The Government adds that it will pursue its efforts within the dialogue and concertation fora, but that measures have been taken to launch an inquiry on this subject.

C. The Committee's conclusions

1. 334. The Committee observes that, following its examination of this case at its May 2000 meeting, the following allegations were still pending: (1) the Ministry of Defence has not implemented an agreement signed with ASEMIL on 6 May 1997, which contained provisions regarding stability of employment, non-resort to reprisals, wages, etc.; (2) the workplaces in the Naval Hospital of Cartagena and the Central Military Hospital of Bogotá were taken over by the military during the national protest action of 20 and 21 May 1998; (3) posters alluding to the protest movement were destroyed in the Central Military Hospital of Bogotá and trade unionists were assaulted, leaving 42 of them wounded (the complainant gives the names of six of those wounded, with details as to their injuries and the resulting degree of incapacitation). The complainant also presented new allegations relating to the refusal to grant time off for trade union activities, anti-union harassment, an increase in the working day in violation of an agreement, and the assignment of civilian employers to armed conflict zones.
2. 335. Regarding the non-compliance of the Ministry of Defence with a collective agreement signed on May 1997 with the trade union ASEMIL and the investigation that has been started by the Attorney-General of the Nation, the Committee notes with interest that the Government set up a conciliation hearing on 17 May 2000 between ASEMIL and the Ministry of Defence wherein the parties came to an agreement to "respect in its entirety … the agreement of 6 May 1997".
3. 336. Regarding the taking over by the military of the workplaces in the Naval Hospital of Cartagena and the Central Military Hospital of Bogotá during the national protest action of 20 and 21 May 1998, the Committee notes the Government's statement that: (1) given the situation on 20 and 21 May 1998, and given that these are essential public services, i.e. a hospital in an area of internal armed conflict, the military's response was proportional to the situation; and (2) an investigation is being carried out by the competent authorities. The Committee regrets that more than two years following this situation the investigation has still not been completed. The Committee, therefore, requests the Government to take steps to ensure that the investigation is concluded promptly and, if the taking over of the workplaces by the military was not justified, that those responsible are punished. The Committee requests the Government to keep it informed in this regard.
4. 337. Regarding the alleged destruction of posters alluding to the protest movement in the Central Military Hospital of Bogotá and the assault of trade unionists during the national protest action of 20 and 21 May 1998, which left 42 trade unionists wounded (six of whom were incapacitated), the Committee notes the Government's statement that the trade union brought a complaint before the Attorney-General of the Nation and that preliminary investigations to establish whether there had been irregularities in discipline have been started, and that the Office of the Procurator-General has been informed. The Committee regrets that so much time has passed since these acts of violence occurred (more than two years) and that the investigation still has not been concluded. In these circumstances, the Committee requests the Government to take steps to ensure that the Attorney-General of the Nation, or the Procurator-General of the Nation, as the case may be, concludes this investigation promptly and hopes that this will clarify what happened, elucidate who was responsible and punish those who are to blame. The Committee requests the Government to keep it informed in this regard.
5. 338. Finally, regarding the allegations that were presented during a direct contacts mission to Colombia in February 2000 relating to the refusal to grant time off for trade union activities, anti-union harassment, an increase in the working day in violation of an agreement, and the assignment of civilian employees to armed conflict zones, the Committee notes that the Government: (1) called the parties to a meeting with a view to obtaining a negotiated settlement but that the complainant did not attend; (2) will pursue its efforts within dialogue and concertation fora; and (3) has taken measures to launch an administrative inquiry on this subject. The Committee hopes that the planned administrative inquiry will be concluded in the near future, and requests the Government to keep it informed of its outcome.