Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 328, Juin 2002

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

1. 21. The Committee last examined this case at its November 2001 meeting [326th Report, paras. 47-48]. It noted on that occasion that a negotiation meeting had been held on 13 February 2001 between AVIANCA and SINTRAVA under the auspices of the Labour Ministry and that, as a result, the complainant organization would submit an agreement proposal to AVIANCA. The Committee requested the Government to continue to keep it informed of progress achieved in the negotiations.
2. 22. In a communication of 25 September 2001, the National Trade Union of AVIANCA workers (SINTRAVA) refers once more to the large numbers of workers dismissed by AVIANCA in 1993 (more than 400) and objects to the judgements of the Supreme Court of Justice, which has not ruled that these workers should be reinstated in their jobs. In a communication of 21 January 2002, the Government states that article 113 of the Political Constitution provides for the separation of powers, which means that the decisions made by judges and superior courts which are the judiciary branch must be recognized and accepted by the other public branches; therefore, the Government cannot interfere in the abovementioned court decisions which emanate from another branch. The Government adds that the workers of AVIANCA have enjoyed all the guarantees of due process and right to an adequate defence; they have used all the recourses they were entitled to in each of the instances, which have been settled in conformity with the law.
3. 23. The Committee notes this information. It requests the Government to keep it informed on the results of the negotiation process undertaken in February 2001 under the auspices of the Labour Ministry.