Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Strengthening of social dialogue and tripartite consultations. In communications sent by the Office to the Government in April 2006, the Union of Public Officials of the University Hospital of Valle (SINSPUBLIC–H.U.V.) and the Single Confederation of Workers (CUT) noted that trade union organizations have tried, on the basis of Convention No. 144, to hold talks with the National Civil Service Commission in order to suggest alternatives and find solutions that would prevent employees from having to take responsibility for administrative errors and which would respect their job stability. The trade union organizations also referred to application-related difficulties in respect of other Conventions ratified by Colombia. In the report received in July 2007, the Government states that the proposals put forward by the trade union organizations of public employees and by the heads of public bodies were taken into account during the conception and preparation of Act No. 909 of 23 September 2004. The aforementioned Act issues rules and regulations governing public employment, careers in administration, and public management – without violating the provisions of Convention No. 144.

2. In this respect, in reply to the previous comments, the Government also reiterates in its report that it is permanently committed to deepening and strengthening social dialogue as an important instrument through which the Government, trade union leaders and employers strive to take advantage of the legal and constitutional provisions available to them in order to move forward in the construction of a forum in which they can discuss labour problems. Nevertheless, the Committee notes with regret that in its report, the Government states that no tripartite consultations have been held on the matters referred to in the Convention. In this regard, the Committee refers to its comments on Convention No. 87. It is the Committee’s understanding that the Government and the social partners should endeavour to promote and reinforce tripartism and social dialogue in relation to the issues covered by the Convention. Tripartism and social dialogue “have proved to be a valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role” (see the resolution on tripartism and social dialogue, adopted by the Conference at its 90th Session (June 2002)).

3. Articles 2 and 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. In September 2007, the Office sent the Government new comments received from the CUT, according to which, despite the fact that the CUT and other representative organizations of workers had, on a number of occasions, requested meetings of the Committee for the Handling of Conflicts Referred to the ILO, no such meetings were called by the Government. The CUT insists that the aforementioned committee was not consulted on the matters covered by the Convention. The Committee refers to its previous comments, in which it recalled the need to ensure that consultations on the issues dealt with by the Convention are held sufficiently early. It stated that the Standing Committee for Joint Action on Wage and Labour Policy must be a proper body for dealing with the matters covered by the Convention. It also recalled the possibility of ad hoc tripartite meetings and that other tripartite committees might also be consulted on subjects covered by the Convention. The Committee asks the Government once again to provide information on the Government’s written communications made with a view to complying with all the consultations required on international labour standards and to indicate whether the Standing Committee for Joint Action on Wage and Labour Policy participates in the consultations required under the Convention.

4. Article 5, paragraph 1(b). Prior tripartite consultation. Submission to the Congress of the Republic. In its report, the Government states that it hopes, in the near future, to be able to make progress in the tripartite consultations so as to fulfil the obligation of submission. The Committee refers to the observation it has been making for many years concerning compliance with the obligation to submit ratified instruments, and hopes that the Government will be in a position to inform the Committee very shortly that the consultations required by Convention No. 144 have been held and that all other outstanding instruments have been submitted to the Congress of the Republic.

[The Government is asked to reply in detail to the present comments in 2008.]