Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 348, Noviembre 2007

Effect given to the recommendations of the Committee and the Governing Body

1. 58. The Committee last examined this case at its meeting in March 2007 [see 344th Report, paras 46 to 50]. On that occasion, the Committee requested the Government to: (a) send a copy of the pending court case relating to the dismissal of union leaders of Employees’ Association of the National Penitentiary and Prison Institute (ASEINPEC) and to take the necessary measures to guarantee the safety of the trade union leaders who are under threat, to undertake the appropriate investigations to identify and punish those responsible and to keep it informed on this matter; (b) to take the necessary measures for the reinstatement without delay of the 57 dismissed workers from the municipality of Puerto Berrío without loss of wages and, if reinstatement is not possible in view of the time that has elapsed, for their full compensation; and (c) send its observations regarding the allegations presented by the Regional Federation of Workers in the Eastern Andean Area of Colombia (FETRANDES) referring to the dismissal of a member of the executive board, Mr Jorge Eliécer Miranda Téllez, in the context of the restructuring of the Bogotá Traffic and Transport Department, without the suspension of trade union immunity.
2. 59. In its communication dated 8 March 2007, ASEINPEC states that the trade union leaders (Mr Buyucue Penagos, Mr Amaya Patiño, Mr Gutiérrez Rojas, Mr Nieto Rengifo) and the members (Mr Gutiérrez Santos, Mr Serna Rengifo and Mr Pérez Santander) who were dismissed have still not been reinstated. According to the trade union, the National Penitentiary and Prison Institute (INPEC) has not provided proof of a request to suspend the trade union immunity of the aforementioned trade union leaders. The Committee takes note of the Government’s communication dated 4 July 2007 in which it refers to a communication from INPEC informing that the complaints filed by Mr Buyucue Penagos, Mr Gutiérrez Santos, Mr Nieto Rengifo, Mr Serna Rengifo and Mr Pérez Santander are still being processed, which is why they have not been reinstated. The Committee recalls that the dismissal of these trade union leaders dates back to 1999, that they were dismissed simply because of their participation in a one-day action in support of prison security and that their trade union immunity was not suspended. The Committee further recalls that justice delayed is justice denied. In these circumstances, the Committee requests the Government to do everything in its power to ensure that the proceedings are concluded in the near future and to keep it informed in particular with regard to the status of the trial of Mr Amaya Patiño, to whom it did not refer in its reply.
3. 60. With regard to the dismissal of the workers from the municipality of Puerto Berrío, the Committee notes that, according to the Union of Puerto Berrío Municipal Workers, none of the workers has been reinstated despite the fact that every one of them has filed a complaint with the mayor of the municipality. According to the trade union, the municipality has let it be known that until there is a judicial ruling from the Colombian justice system ordering the reinstatement, the municipality will not take any action.
4. 61. The organization points out that in the previous examination of the case when the reinstatement of the 57 dismissed workers of the Puerto Berrío trade union was recommended, no mention was made of the 32 workers of the Association of Employees of Puerto Berrío who had also presented allegations in the first examination of this case and who were dismissed on the same occasion [see 325th Report, para. 285].
5. 62. The Committee notes that in its communication dated 4 July 2007, the Government states that in order for it to compensate the workers they need to take legal action to request compensation. In this respect, the Committee recalls that in its previous examination of the case it had requested the reinstatement of the dismissed workers because they had been dismissed on anti-union grounds. Only if reinstatement is not possible may the full compensation of the dismissed workers be arranged. In these circumstances, taking into account the Government’s reply that the workers themselves need to initiate legal action for their reinstatement, the Committee invites the dismissed workers of the Union of Puerto Berrío Municipal Workers and of the Association of Employees of Puerto Berrío to request their reinstatement before the judicial authorities and requests the Government to do everything in its power to ensure that these proceedings are concluded rapidly.
6. 63. With regard to the allegations presented by FETRANDES, regarding the dismissal of a member of the executive board, Mr Jorge Eliécer Miranda Téllez, in the context of the restructuring of the Bogotá Traffic and Transport Department, without the suspension of trade union immunity, the Committee notes that the Government states that the city council of Bogotá has still not sent any information in this regard. The Committee requests the Government to carry out an investigation to determine whether Mr Miranda Téllez was indeed dismissed without the suspension of trade union immunity required by law and, if this is the case, to ensure that he is reinstated without delay. The Committee requests the Government to keep it informed in this respect.