Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 342, Junio 2006

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

1. 87. The Committee last examined this case at its meeting in November 2005 [see 338th Report, approved by the Governing Body at its 294th Session, paras. 712-737]. On that occasion, the Committee made the following recommendations:
   • (a) with regard to the allegations regarding the refusal by the Labour Inspectorate to register the document establishing the union, the list of members of the executive board and the statutes of the Union of Employees and Workers in the Ministry of External Relations (UNISEMREX), the Committee requests the Government to take the necessary measures to modify the legislative provisions so that public employees can enjoy the rights flowing from the Conventions ratified by Colombia including the right to collective bargaining and the right to strike. Taking into account that the sections of the statutes which raise objections are not contrary to Convention No. 87, the Committee requests the Government to proceed without delay to the registration of the Constitution, the list of executive board members and the statutes of the Union of Employees and Workers in the Ministry of External Relations (UNISEMREX);
   • (b) regarding the allegations concerning the sanctions of two months’ suspension and an equal period of special incapacity imposed on Ms. Luz Marina Hache Contreras, the Committee requests the Government to inform it of the outcome of the appeal lodged in respect of the decision to impose sanctions on Ms. Luz Marina Hache Contreras and to send a copy of the ruling;
   • (c) with respect to the allegations concerning the refusal of the Government to negotiate the list of demands presented by ASONAL JUDICIAL in 2001, the Committee requests the Government to take the necessary measures to ensure that the right of public officials to bargain collectively is respected, in accordance with the provisions of Convention No. 154, which it has ratified;
   • (d) with regard to the allegations concerning the refusal to grant trade union leave, the Committee requests the Government to take the necessary steps to ensure that trade union leaders in the public administration are able to make use of the facilities necessary to carry out their functions in accordance with Convention No. 151.
2. 88. The Committee notes the Government’s observations in its communication dated 23 January 2006. With regard to recommendation (a), concerning the refusal by the Ministry of Social Welfare to register UNISEMREX, the Government points out that this trade union organization can lodge an appeal with the administrative disputes authority against the administrative decision not to allow its registration. The Government also states that, since the matter concerns Convention No. 151, it is studying whether other legislations apply the Convention; so long as the necessary legislative adjustments have not been made, it will be impossible for the authorities to register the trade union organization.
3. 89. The Committee reiterates its observation that Article 2 of Convention No. 87 stipulates that workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing and that this implies that public administration workers should also enjoy the same right. This being so, the Committee requests the Government once again to take the necessary steps to have the Constitution, the list of executive board members and the statutes of the union of employees and workers in the Ministry of External Relations (UNISEMREX) registered without delay.
4. 90. With regard to recommendation (b), concerning the two months’ suspension of Ms. Luz Marina Hache Contreras, in respect of whom the Committee had requested the Government to inform it of the outcome of the appeal lodged and to send it a copy of the ruling, the Government states that the judicial authority of second instance confirmed the sanction and ordered that it be imposed. The Committee observes, however, that the Government has sent a copy of the ruling in first instance but not a copy of the appeal. The Committee requests the Government to send it a copy of the appeal.
5. 91. With regard to recommendation (d), concerning the refusal to grant the officials of ASONAL JUDICIAL trade union leave, the Government states that, in accordance with regulatory Decree No. 2813 of 2000, the representatives of public servants in all bodies are entitled to paid trade union leave which, though not permanent – since workers have to carry out their daily tasks – is granted periodically. The Committee notes this information.
6. 92. In more general terms, the Committee observes that the issues raised in this case as in several other cases relating to Colombia refer to the existence of obstacles to the full exercise of freedom of association in public services. Bearing in mind that the Government ratified Conventions Nos. 151 and 154 in 2000 and the observations of the high-level tripartite visit that took place in October 2005, the Committee invites the Government to consider the possibility of requesting the Office’s technical assistance to examine all the problems of freedom of association in the public service, so that the necessary steps can be taken to bring the country’s legislation and practice into line with Conventions Nos. 151 and 154. It further recalls its invitation to the Government to consider very seriously the possibility of setting up an ILO office in the country.