Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 329, Novembre 2002

Allegations: The complainant organizations allege anti-union dismissals, excessive delays in the judicial proceedings initiated with relation to those dismissals and death threats against trade union leaders belonging to the trade union organization SINTRATELEFONOS

• Allegations: The complainant organizations allege anti-union dismissals, excessive delays in the judicial proceedings initiated with relation to those dismissals and death threats against trade union leaders belonging to the trade union organization SINTRATELEFONOS
  385. 385 The Committee last examined these cases at its March 2002 meeting [see 327th Report, paras. 345-367, approved by the Governing Body at its 283rd Session (March 2002)]. The Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) sent further allegations and additional information in a communication dated 17 June 2002.
  386. 386 The Government sent its observations in communications dated 9 April, 31 May and 4 June 2002.
  387. 387 Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the cases

1. 388. In its previous examination of these cases, with regard to allegations of acts of anti-union discrimination, the Committee made the following recommendations [see 327th Report, para. 367]:
2. Regarding the 23 trade union members of SINTRATELEFONOS who were dismissed by the Bogotá Telecommunications Enterprise (ETB), the Committee requests the Government to provide information on whether the ETB has begun legal proceedings and, if this is not the case, that those workers dismissed be immediately reinstated and paid the wages owing to them. The Committee requests the Government to keep it informed of developments in this respect.
3. Regarding the dismissal of Martha Querales, member of SINTRATELEFONOS, for having reported corruption among members of the ETB management, the Committee requests the Government to take steps to ensure that an independent investigation is promptly undertaken into the circumstances of her dismissal, and if this is confirmed to have taken place for anti-union reasons that she be immediately reinstated and paid the wages owing to her. The Committee requests the Government to keep it informed of developments.
4. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings launched by the workers from the Engativa office in 1999.
5. Regarding the association of Elías Quintana and Carlos Socha with the ETB and their membership of SINTRATELEFONOS, the Committee requests the Government to carry out an inquiry into the matter and to resolve any prejudicial action taken against these persons for anti-union reasons. The Committee requests the Government to keep it informed of the outcome of this inquiry.
6. B. New allegations and additional information
7. 389. In its communication of 17 June 2002, the Trade Union of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) alleges in connection with the recommendation made by the Committee regarding the 23 trade union members of SINTRATELEFONOS who were dismissed by the Bogotá Telecommunications Enterprise (ETB) that: (1) the trade union officials Sandra Patricia Cordero Tovar, Rafael Humberto Galvis Jaramillo and Rodrigo Hernán Acosta Barrios have not been reinstated and the legal proceedings they initiated have continued for over four-and-a-half years without any judgement being handed down; and (2) seven of the dismissed workers reached an agreement with the enterprise.
8. 390. The complainant organization SINTRATELEFONOS alleges that: (1) on 11 June 2002 it received three telephone calls from callers who identified themselves as being from the United Self-Defence Forces of Colombia (AUC), and told the trade union official Rafael Galvis to forget about his family; (2) Ms. Sandra Cordero, an official of SINTRATELEFONOS, is obliged temporarily to leave the country for Canada for the same reasons, protected by the CLC of Canada; (3) Mr. Manuel Rodríguez, an official of SINTRATELEFONOS, has already received the report from the Ministry of the Interior suggesting which measures of protection are to be taken; and (4) in general terms the whole of the executive committee of SINTRATELEFONOS is under threat, without any protection.
9. C. Further replies of the Government
10. 391. In its communication dated 9 April 2002, the Government states the following with regard to the recommendations made by the Committee at its March 2002 session: (1) regarding the 23 trade union members of SINTRATELEFONOS who were dismissed by the ETB, the Government repeats that the proceedings are under way before the Ordinary Labour Court. The Ministry of Labour reiterated to the representative of the ETB its readiness to carry out another conciliation hearing in the future so that the parties can together decide whether to put an end to the proceedings mentioned; (2) with regard to the dismissal of Ms. Martha Querales, a member of SINTRATELEFONOS, from the enterprise ETB, the Government indicates that the ETB stated that Ms. Martha Querales was dismissed unilaterally and was awarded the corresponding compensation and legal benefits. The Government adds that the Committee’s recommendation will be made known to the ETB; (3) concerning the outcome of the judicial proceedings brought by the workers dismissed from the Engativa office in 1999, the Government indicates that they are in the preliminary stages and that it will send the corresponding observations later; and (4) as regards the association of Mr. Elías Quintana and Mr. Carlos Socha with the ETB and their membership of SINTRATELEFONOS, the Government points out that the Committee requested the complainant organization to certify their membership and that this is a necessary requirement in order to begin the corresponding inquiry [however, the Committee requested the Government to undertake an inquiry in its previous report on the case].
11. 392. In its communication of 4 June 2002, the Government states with regard to the complaint submitted by the trade union organization SINTRATELEFONOS that a conciliation hearing was held on 16 May 2002. During the hearing both parties made their positions clear and expressed their views on the recommendations made by the Committee on Freedom of Association at its March 2002 meeting. The Government adds that in accordance with the Committee’s recommendations, the Territorial Directorate of Labour and Social Security of Cundinamarca began an administrative labour inquiry against the ETB. In this connection it convened a conciliation hearing for the enterprise and the trade union organization on 24 May 2002. That hearing did not take place as the trade union organization did not attend.

D. The Committee’s conclusions

1. 393. The Committee recalls that at its March 2002 meeting it made the following recommendations: (i) regarding the 23 trade union members of SINTRATELEFONOS who were dismissed by the enterprise ETB, the Committee requests the Government to provide information on whether the ETB has begun legal proceedings and, if this is not the case, that those workers dismissed be immediately reinstated and paid the wages owing to them; (ii) regarding the dismissal of Martha Querales, a member of SINTRATELEFONOS, for having reported corruption among members of the ETB management, the Committee requests the Government to take steps to ensure that an independent investigation is promptly undertaken into the circumstances of her dismissal, and if this is confirmed to have taken place for anti-union reasons that she be immediately reinstated and paid the wages owing to her; and (iii) regarding the association of Elías Quintana and Carlos Socha with the ETB and their membership of SINTRATELEFONOS, the Committee requests the Government to carry out an inquiry into the matter and to resolve any prejudicial action taken against these persons for anti-union reasons. The Committee requests the Government to keep it informed of the outcome of this inquiry.
2. 394. In this respect, the Committee observes that according to SINTRATELEFONOS: (1) seven of the 23 workers dismissed from this trade union reached an agreement with the ETB; (2) the 16 others include, however, trade union officials Sandra Patricia Cordero Tovar, Rafael Humberto Galvis Jaramillo and Rodrigo Hernan Acosta who have not been reinstated; and (3) the legal proceedings brought by these dismissed persons have not been concluded in over four years.
3. 395. Likewise, the Committee notes the Government’s confirmation that the legal proceedings relating to the dismissals are currently before the Ordinary Labour Court, that a conciliation hearing was conducted during which the parties stated their positions concerning these allegations, and that the administrative authority has initiated an inquiry into these allegations. The Committee understands that this inquiry also covers the allegations relating to Mr. Elías Quintana and Mr. Carlos Socha.
4. 396. The Committee regrets that the legal proceedings relating to the dismissals initiated over four years ago have not yet been concluded. The Committee recalls that “cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective; an excessive delay in processing cases of anti-union discrimination, and in particular a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned” [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 749]. This being the case, the Committee: (1) expects that the judicial authorities will rapidly rule on the legal proceedings initiated by the 16 trade union officials and workers affiliated to SINTRATELEFONOS who were dismissed by the enterprise ETB and requests the Government to send a copy of the judgements handed down; (2) requests the Government to ensure the expedition of the proceedings relevant to the dismissed trade union officials and workers of SINTRATELEFONOS, so that a final decision is reached in the very near future, and that if the judicial authority affirms that these dismissals were of an anti-union nature, to take immediate measures for the reinstatement of the dismissed without loss of wages; and (3) also asks the Government to take steps to ensure that the administrative inquiry initiated with regard to the dismissals of Ms. Martha Querales, Mr. Elías Quintana and Mr. Carlos Socha of the ETB is completed very soon and to send the corresponding results.
5. 397. Furthermore, at its March 2002 meeting, the Committee also requested the Government to keep it informed of the outcome of the judicial proceedings brought by the workers dismissed from the Engativa office in 1999. The Committee notes the Government’s information that the proceedings in question are in the preliminary stages. The Committee expresses the hope that these proceedings will be finalized in the very near future and requests the Government to keep it informed about the final result.
6. 398. Lastly, the Committee regrets to see that the Government has not sent its observations about the recent alleged threats made by the United Self-Defence Forces of Colombia (a paramilitary group) against the members of the executive committee of the trade union organization SINTRATELEFONOS and in particular against the trade union officials Rafael Galvis, Sandra Cordero and Manual Rodríguez. In this respect, the Committee requests the Government promptly to take measures to provide protection to the threatened officials and to keep it informed in this respect.