Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

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

1. 53. The Committee last examined this case at its June 2009 meeting [see 354th Report, paras 485–589]. On that occasion, the Committee made the following recommendations:
   • – Regarding the allegations concerning Embotelladora de Carepa, according to which paramilitary groups entered the company’s premises in December 1996 and forced members of SINALTRAINAL to resign from the trade union, the Committee requests the Government to keep it informed of the outcome of the inquiry conducted by the Coordinating Board of the Human Rights Group of the Ministry of Social Welfare.
   • – While noting the information provided by the Government in paragraph 582, the Committee requests the Government to take the necessary steps without delay to amend the legislation to guarantee Eficacia SA (or PROSERVIS) and Ayuda Integral SA workers providing services in the bottling plants the right to join SINALTRAINAL and to have their union dues checked off, and also to guarantee the right of the trade union organization to present lists of demands and to bargain collectively on their behalf. The Committee requests the Government to keep it informed in this respect.
   • – Regarding the alleged refusal to register Ernesto Estrada Prada as a member of the executive board of SINALTRAINAL on the grounds that he is under contract to the services enterprise Empaques Hernández but works for Saceites SA, and the alleged refusal of the Ministry of Social Welfare to grant workers of Acueducto Metropolitano de Bucaramanga the right to join SINALTRAINAL, the Committee expects that, in the light of the recent rulings of the Constitutional Court and in accordance with
   • Articles 2 and 3 of Convention No. 87, the Government will proceed to the registration of the executive board of SINALTRAINAL and will consider the right of the workers of Acueducto Metropolitano de Bucaramanga to become members of SINALTRAINAL. The Committee requests to be kept informed in this respect.
   • – As concerns the dismissal of Mr Martinez Moyano, the Committee requests the Government to undertake an independent inquiry in this regard and to keep it informed of the results thereof.
2. 54. In a communication dated 1 October 2009, the Government indicates, with regard to the allegations concerning Embotelladora de Carepa, according to which paramilitary groups entered the company’s premises in December 1996 and forced members of SINALTRAINAL to resign from the trade union, that the Coordinating Board of the Human Rights Group will report on this matter and refers to the reply sent by the company Bebidas y Alimentos de Uraba SA in which the latter it indicates that it has never been connected to groups outside the law or given direct or indirect support to such groups and that it respects the right of association and the freedom to bargain collectively. The Committee notes this information and requests the Government to continue to keep it informed in this regard, in the context of its reply under Case No. 1787.
3. 55. With regard to the right of Eficacia SA (or PROSERVIS) and Ayuda Integral SA workers providing services in bottling plants to join SINALTRAINAL and to have their union dues checked off, as well as the right of the trade union organization to present lists of demands and to bargain collectively on behalf of these workers, the Committee notes that the Government indicates that it is not competent to amend the domestic legislation and that this competence rests with the legislative authority. In this regard, the Committee hopes that the Government will take the necessary steps, including in the context of its authority to submit legislative drafts, to ensure recognition of the right of the workers of Eficacia SA (or PROSERVIS) and Ayuda Integral SA to join the trade union organizations present in the bottling plants in which they work, if they so wish.
4. 56. In respect of the allegations concerning the refusal to register Mr Ernesto Estrada Prada as a member of the SINALTRAINAL executive board and those concerning the refusal of the Ministry of Social Welfare to allow the workers of Acueducto Metropolitano de Bucaramanga to join SINALTRAINAL, the Government has requested information on the registration procedures. The Committee notes this information and requests the Government to keep it informed in this regard and to send its observations concerning the right of the workers of Acueducto Metropolitano de Bucaramanga to join SINALTRAINAL.
5. 57. With regard to the dismissal of Mr Martínez Moyano, the Government indicates that although it is not competent to assess worker dismissals, it will request information from the Territorial Directorate of Santander on whether an industrial inquiry is being conducted into the company Ayuda Integral for anti-union harassment. The Committee notes this information and requests the Government to keep it informed in this regard.