Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 351, Noviembre 2008

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

1. 28. The Committee last examined this case at its March 2008 meeting [see 349th Report, paras 672–689, approved by the Governing Body at its 301st Session]. On that occasion the Committee made the following recommendations:
   • (a) With regard to the alleged pressure and threats suffered by SINTRAUNICOL at the hands of the Vice-Chancellor of the University of Córdoba and the paramilitary commanders of the United Self-Defence Forces of Colombia (AUC) to persuade them to renegotiate the collective agreement, the Committee points out the extremely serious nature of these allegations and once again condemns the existence and actions of paramilitary organizations which, in violation of human rights and freedom of association principles, regard trade unionists as targets, and urges the Government to:
   • (i) take measures to guarantee the safety of the threatened trade union leaders, to which end the Committee requests the Government to consult the trade union without delay to determine who should be afforded such protection; and
   • (ii) have a truly independent investigation into these allegations carried out without delay by a person who enjoys the confidence of the parties, and, if these allegations are found to be true, take the necessary measures to punish those responsible. The Committee requests the Government to keep it informed on this matter.
   • (b) With regard to the allegations concerning the meeting held by SINTRAUNICOL on 17 February 2003, which was deemed to be an illegal work stoppage by the administrative authorities under Decision No. 0002534:
   • (i) the Committee requests the Government to take the necessary measures to amend articles 450 and 451 of the Substantive Labour Code so that the education sector is not regarded as an essential public service in which the exercise of the right to strike may be prohibited and so that illegality rulings concerning strikes are made not by the Government but by an independent body that has the confidence of the parties; and
   • (ii) with regard to Decision No. 0002534 which declared the work stoppages illegal, taking into account that this decision is based on legislation that is not in conformity with the principles of freedom of association, the Committee requests the Government to invalidate this decision as well as any other disciplinary proceedings initiated against the SINTRAUNICOL trade union leaders under this decision (apart from those for which, according to the Government, an acquittal decision was issued on 9 December 2005, i.e. before this complaint was presented).
2. 29. In its communication dated 29 May 2008, the Government states, with regard to the pressure and threats suffered by SINTRAUNICOL at the hands of the Vice-Chancellor of the University of Córdoba and the paramilitary commanders, and with regard to carrying out an independent investigation that enjoys the confidence of the parties, that these issues should be examined within the framework of Case No. 1787. The Committee observes, however, that, despite the serious nature of the allegations, the Government has not sent any concrete information as to whether an investigation has been initiated in this regard and the stage that investigation has reached. In view of the serious nature of these allegations, the Committee again urges the Government to take immediately the necessary measures to have an in-depth investigation carried out into these allegations in order to establish whether they are true and, if so, who is responsible, and to keep it informed in this regard. The Committee shall proceed with the examination of these allegations in the framework of Case No. 1787.
3. 30. With regard to subparagraph (b) of the recommendations regarding the declaration by the administrative authorities that a permanent assembly held by SINTRAUNICOL was illegal, the Committee notes with interest the recent adoption of Act No. 1210, which amends article 451 of the Substantive Labour Code, establishing that “the legality or illegality of a collective work stoppage shall be decided through judicial proceedings”. In these circumstances, the Committee once again requests the Government to invalidate Decision No. 0002534, which declared the aforementioned permanent assembly illegal and categorized it as a work stoppage. The Committee takes note of the information provided by the Government, according to which there have been no new disciplinary proceedings since the acquittal decision was issued on 9 December 2005.