Colombia and the International Conventions of ILO

7/28/2019 Colombia and the International Conventions of ILO

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Colombia and the law of the ILO

COLOMBIA: A LONG HISTORY OF VIOLATIONS OF ILOS LAWS

The war against want requires to be carried on with unrelenting vigourwithin each nation, and by continuous and concerted international effort

in which the representatives of workers and employers, enjoying equal status

with those of governments, join with them in free discussion and democratic

decision with a view to the promotion of the common welfare

Declaration of Philadelphia

Colombia in the history of ILO and presence the ILO in Colombia

Colombia is state founder of the League of Nations and ILO to which it belongs since1919. Along with other seventeen countries of Americas, is part of the forty-five states

agreed to launch the ILO, and they shared the fundamental principle established in the

Constitution of the new organization: universal and lasting peace can only be achieved when

it is based on the decent treatment of workers. Despite continuous warning by to the non-

fulfilment of the Conventions relating to protection of workers rights and particularly

freedom of association, Colombia has never been withdrawn from the organization and has

ratified sixty of most relevant conventions.

Colombia has participated in the Conferences of the Americas Region, from the first

held in 1935 in Santiago de Chile. The Conference adopted resolutions on social security

principles and problems of employment and unemployment, and requested that the Bureau

will undertake research on immigration and the problems of Native Americans.

The regional Conferences of the countries American members of the ILO, have

contributed to the defense and protection of human rights and particularly to freedom ofassociation. The Third Conference of American States, meeting in Mexico City in 1946,

adopted three resolutions relating to freedom of association, which, in Hector Gros opinion,

gave rise to Conventions 87 of 1948 and 98 of 1949 about right to organize and Collective

Bargaining. According to the author at Fourth Regional Conference in Montevideo in 1949,

adopted resolution VIII, which was included in the process that ultimately gave rise to the

Committee on Freedom of Association (GROS, 1986: 73).


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Currently of the 182 member states, 34 belong to America. For the first time in its

history, since 1999 a representative of developing countries, the Chilean Juan Somavia,

occupies the job as Director General of the ILO.

Along the Second World War and subsequent years, was strengthened the links

between American states and the ILO. As result, was established in 1953 in Lima, Peru, one

of the ILO Centers in the region. Since 1968, Lima became the seat of the ILO Regional

Office for Latin America and the Caribbean. The ILO now also has Sub regional Offices or

national offices in San Jose - Costa Rica, Santiago - Chile, Buenos Aires - Argentina, Brasilia

- Brazil, Port of Spain - Trinidad and Tobago, and Mexico City - Mexico.

Together with Bolivia, Ecuador, Peru and Venezuela, Colombia is part of the Subregional Office for the Andean Countries (ORS), headquartered in Lima, Peru. Through SRO,

Colombia has access to technical assistance team of specialists, is linked to the ILO

headquarters in Geneva and to the Regional Office for Latin America and the Caribbean

(RO), which also has seat in Lima.

As a result of "The Tripartite Agreement on Freedom of Association and Democracy"

signed during the 95th session of the International Labor Conference (See page. 7), the ILO

established a permanent representation in Colombia, to work hand in hand with Sub regional

Office for the Andean Countries and the Regional Office for Latin America and the

Caribbean (Report of the Director General, Governing Body, 2007)

What Conventions has ratified Colombia?

Colombia has ratified sixty ILO Conventions, among which are the eight ILOs

Fundamental Conventions: Freedom of association, collective bargaining, and industrialrelations (C-87, C-98); Forced labour (C-29, C-105); Elimination of child labour and

protection of children and young persons (C-138, C-182); Equality of opportunity and

treatment (C-100, C-111). Also Colombia has ratified three of the four priority Conventions

of ILO: C-81 Labour Inspection Convention, C-129 Labour Inspection (Agriculture)

Convention and C-144 Tripartite Consultation (International Labour Standards) Convention.

Of this group, Colombia has not ratified the Convention 122 (Employment Policy

Convention).


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Before making a boring and endless list, I preferred to build a table with -what I

consider- the most relevant information about the Conventions. The Table 1 shows which

Conventions Colombia has ratified, with the follows items: number of Convention, year of

adoption in ILO, name of Convention, year of ratification by the State of Colombia, if has

been denounced and why. In the Subject column, there is the ILO general classification for

the Conventions, and the last column shows which Conventions can be ratified by Colombia.

Table 2 shows the subjects in which Colombia has not ratified any convention and

where there are possibilities for ratification. Although Colombia has ratified important ILO

Conventions, still lack ratify some also very important, especially in the follows subjects:

Occupational safety and health; Elimination of child labour and protection of children and

young persons, Maternity protection (C-183, 2000).

How are incorporated ILO Conventions in Colombian legal system?

First of all I would like to explain what is the legal process to sign an international

convention, and how is it inclusion in the Colombian legal system. After, I will talk about the

special mechanisms for the incorporation of ILO Conventions to Colombian law using the

most relevant jurisprudence. The process to be followed by an international convention is:

1. Signing by the President. Legal basis: Article 189, paragraph 2, Colombia Political

Constitution, about the powers of the President of the Republic1.

2. The International Convention is submitted to Congress through a bill to sanction or

approve, through an Act of the Republic. Legal basis: Article 150, paragraph 16

Colombia Political Constitution2.

3. International treaties must go through the Constitutional Court, who ensures that the

agreement is within the framework of the Constitution and to observe the ConstitutionalBloc. Legal basis: Article 241, paragraph 10 Colombia Political Constitution3.

1 ARTICLE 189. Number 2. To lead international relations. To appoint the diplomatic and consularagents, receiving the respective agents and celebrate with other States and entities of internationallaw, treaties or agreements that shall be subject to congress approval.2 ARTICLE 150. Number 16. Approve or reject treaties signed by the Government with other States

or international law bodies. Through these treaties -and based on equity, reciprocity and nationalconvenience-, the state will may transfer partially certain powers to international bodies, which seekto promote and consolidate economic integration with other states.


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The Constitution gives relevance to the international conventions related to human

rights, through Article 93: The treaties and conventions ratified by the Congress that

recognize human rights and prohibit their limitation in states of emergency prevailing in the

internal order. The rights and duties including in this Constitution shall be construed in

accordance with international human rights treaties ratified by Colombia4

The constitutional block is refers to those rules and principles that without appear

formally in the constitution, are used as control parameters constitutionality of laws, because

they has been normatively integrated into the Constitution in various ways and by order of

the Constitution itself(MARANGO, 2004: 79).

Let us see how some conventions are linked to Constitution and must prevail over any

internal rules. The ILO Convention 3 Maternity Protection Convention, is in harmony with

the special protection to women and maternity referred to in Articles 43 and 53 of the

Constitution, and is included in the constitutional bloc through Article 93. (MARANGO,

2004: 87)

The Decision T-662-97, by Judge Alejandro Martnez Caballero, included in block of

constitutionality, the Convention about the Elimination of All Forms of Discrimination

against Women (MARANGO, 2004: 88).

The decision T-568-99 of the Magistrate Carlos Gaviria Diaz, added ILO Conventions

87 and 98 about Freedom of Association, to the constitutional bloc, ensuring that even in

states of exception (state of internal disturbance) can not limit this right. The ruling made

clear that the constitutional bloc is made by the Preamble to the Colombian Constitution; the

Articles 1, 5, 39, 53, 56 and 93; the ILO Constitution; the Conventions 87 and 98 on Freedomof Association; the Articles Relevant Universal Declaration of Human Rights, the

International Covenant on Economic, Social and Cultural Rights; and the American

Convention on Human Rights (MARANGO, 2004: 89).

3 ARTICLE 241. Numeral 10. Decide finally about the enforceability of international treaties and laws

that approve them. To this end, the government will send them, to the Court within six days after theenactment of the law.4 Colombia Political Constitution. Chapter IV, about protection and application of rights.


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In decision T-606-01, Judge Marco Gerardo Monroy Cabra, said that under the ILO

Convention 169 special jurisdiction for the Indians is a right not subject to limitation in states

of emergency and is part of the block of constitutionality. Similarly in decision T-955 2003,

Judge Alvaro Tafur Galvis, included Convention 169 on the block of constitutionality and

enforceability of prior consultation of this Convention in decisions on matters that may affect

people Indigenous and Tribal (MARANGO, 2004: 90).

The International Labor Standards that shape the block of constitutionality (Includes

ILO Conventions 100, 105, 111, 138 and 182) will be dominant against the rules that are

contrary; are parameters for the control of constitutionality that will make Constitutional

Court and may be protected by tutela, because are fundamental rights (PUYO, 2004: 2).

Is clear that in Colombia there are sufficient legal mechanisms, both to incorporate the

ILO Conventions on the legal system, and to give them relevant in the domestic order.

Despite this, there is a low level of Conventions compliance and the exercise of trade union

freedoms is limited by laws. Is the case of Law 1210 of 2008, with which the Government

gave to the ordinary courts, the power to declare the illegality of the strikes, which means an

arbitrary interference in the right to strike. This is contrary to ILO conventions and ignores

the recommendations that in this regard have been doing the CFA. With the powers that thislaw gives, the Supreme Court declared illegal the strike of more than 40 days promoted by

Asonal Judicial that ended in October 2008. Also noting that officials Judiciary cant go on

strike or collective bargaining. This ruling ignores the conventions 87, 98, 151 and 154 of the

ILO.

Another example of noncompliance of the Labor Standards, is Decree 535 of

February 24, 2009 that restricts the right to collective bargaining for public sector employees,to certain specific subjects contained in the Decree itself. They are also contrary to the

Conventions signed, the increase in the number of so-called Associated Labor Cooperatives,

which limit the right of association; the acceptance by the Government of new types of

contracts that leave workers out of any benefit law; the law decrees that wipe out the historic

achievements of the working class, and of course the murder of trade unionists. These issues

will be discussed in the next section.


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Colombia: A long history of violations of ILOs laws

Is very famous the passage of One Hundred Years of Solitude in which our Nobel

Prize in Literature, Gabriel Garca Mrquez, narrates the events of 6 December 1928 in

Cinaga - Magdalena Municipality in the North of Country5

. Workers from United FruitCompany (now Chiquita Brands), demanded decent working conditions in the banana zone,

and after years of unsuccessfully trying to negotiate a Collective bargaining, they went on

strike. The Government gave its support to the company and in an attempt to dissolve the

protest, the army fired into a crowd of demonstrators in the square in Cinaga, where workers

were with their wives and children. Even today nobody knows the number of victims of this

massacre. Considering that strikers were criminals, communists and anarchists, the army

detained and tried in court-martial to the organizers of the strike that had survived themassacre (HERNNDEZ, 2004).

This fact that is known in the history of Colombia as "the banana massacre, was the

start the long list of murders of trade unionists, which continues today (more than eighty

years later). Id like refer to the report presented in November 2009 by the National Union

School. Colombian NGO working since 1982 to study and research of issues related to trade

union activity and the world of work. The School has been making a judicious monitoring

about violations to life right, freedom and integrity against trade unionists in Colombia. The

report titled: Death Is not Mute, not merely show the numbers, but allows us to see the

theme of personal tragedy behind each number. Unfortunately space does not permit me to

explore in depth the document, so I only will integrate historical data that show how far from

diminishing, the violation of union rights and freedoms has increased during the

administration of President Alvaro Uribe.

The violence against trade unionists in Colombia is a historical fact, as shown inTable 3. Among the first of January 1986 and 7 August 2009, have been killed in Colombia

two thousand seven hundred and four trade unionists and has committed a total of 10,364

5Ladies and gentlemen, the captain said in a low voice that was slow and a little tired. You have

five minutes to withdraw. The redoubled hooting and shouting drowned out the bugle call thatannounced the start of the count. No one moved. - Five minutes have passed-, the captain said in thesame tone. One more minute and well open fire Jos Arcadio Segundo raised himself up overthe heads in front of him and for the first time in his life he raised his voice. You bastards! he

shouted. We give you the extra minute. After his shout something happened that did not bring onfright but a kind of hallucination. The captain gave the order to fire and fourteen machine gunsanswered at once (GARCIA, 2004)


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human rights violations, including threats, homicides, forced displacement, arbitrary

detention , harassment, attack with or without injuries, disappearance, kidnapping, torture,

illegal search, homicide of relatives (See Table 4). These same indicators are shown in Table

5, to two terms of office of Alvaro Uribe Velez (from 7 August 2002 and August 7, 2009).

The systematic persecution and murder of trade unionists, the failure in the Labor

Standards signed by the National Government and the observations of the ILO, have led to

Colombia during the last twenty years to appear before the Standards Implementation

Committee of the Conference International Labor. Because of this ongoing review and to the

pressure the trade unions, during the 95th session of the International Labor Conference (June

2006), was signed The Tripartite Agreement on Freedom of Association and Democracy.

In the Governing Body 297th session (November 2006), government representatives and

organizations of employers and workers undertook among other to promote decent work,

strengthen the defense of the fundamental rights of workers, specially as regards respect for

human life, freedom of association and of speech, collective bargaining, and free enterprise

for employers. To facilitate the implementation of the Convention, the ILO established a

permanent representation in Colombia (Report of the Director General, Governing Body,

2007).

One objective of this agreement is the strengthening of social dialogue through the

structures that make it possible. Id like speak of two of these structures:National

Commission on Wage and Labour Policies and the Special Committee for the Handling of

Conflicts referred to the ILO (CETCOIT).

Article 56 of the Constitution created the National Commission on Wage and Labour

Policies6. The law 278 of 1996 regulates this Tripartite Commission, establishing hisheadquarters in the capital of the Republic as well as the installation of departmental

subcommittees, which will contribute to the national debate.

6 Article 56. A permanent commission composed by Government, representatives of

employers and workers, will promote good laboral relations, will contribute to the resolutionof collective labor disputes, and will agree on Wage and Labour Policies. The law shallregulate its composition and operation.


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Overall, the functions of the Commission are: to promote good labor relations;

contributing to the resolution of collective conflicts; determine in concert the general

minimum wage, taking into account that it should ensure decent quality of life for the worker

and his family; determine in concert the labour policy, taking into account the welfare of

workers, job training, job creation, improving production and productivity, equitable income

redistribution; seek the participation of workers in the management of companies;

universalization of social security; guaranteeing the rights of women of child workers and

other vulnerable workers and guarantee trade union rights.

Undoubtedly, this is a progressive vision of social dialogue in line with the approach

of the ILO Decent Work Agenda. Unfortunately the reality is far away. Year after year the

constituents to meet but do not reach any agreement. In the last years the Government has set

a minimum wage increase by decree. The trade unions insist that the minimum wage is half

of the income that a family needs to survive and that proof is the increase in the numbers of

poverty and misery of the country.

Trade Unions complain that the government refuses to discuss the other issues that is

within the competence the Commission as employment policies, the status of medium and

small farmers, policies that affect microentrepreneurs, worker cooperatives , contracts for

services, the situation of pensioners, social security and others that deal with labor policies.

The second structure is CETCOIT. Because of the volume of complaints from

Colombia to the Committee on Freedom of Association in order to participate in the speedy

resolution of conflicts that have to do with ILO conventions ratified by Colombia, and

especially in relation to issues of freedom association, was established the Special Committee

for the Handling of Conflicts referred to the ILO (CETCOIT).

This committee, which also is tripartite and consists of three representatives from each

sector, was born in 2000 in the National Commission on Wage and Labor Policies. CETCOIT

hears cases already filed with the ILO in Geneva and the new conflicts that may come to that

instance. Treatment of a conflict in the CETCOIT not prevent the parties go to the relevant

legal bodies or the ILO when they deem appropriate.


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Despite The Tripartite Agreement on Freedom of Association and Democracy

Colombia continues presenting complaints to the Committee on Freedom of Association.

There are 114 cases in the Committee, which have been closed; 13 are on follow and 14

remain active (see Table 6).

In mid 2009 the ILO withdrew its permanent representative in Colombia, Mr. Marcelo

Fox. Currently nobody has taken the specific functions that the Agreement gives this

representative. There is a climate of distrust between unions and the government, due the

increased the minimum wage for 2010 in just 3.64%, and by the new health system reform.

These laws increase the poverty and weaken the social protection of most Colombians.


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Table 1. Overview Conventions ratified by ColombiaSelf construction, based data from ILO and National Government of Colombia

CONV YEAR ABOUTRATIFICATION

RECORDDENOUNCED SUBJECT POSSIBILITIES FOR RATIFICATION

11 1921 Right of Association (Agriculture) Convention 20/06/1933

87 1948Freedom of Association and Protection of the Right to

Organise Convention13/11/1976

98 1949Right to Organise and Collective Bargaining Convention 16/11/1976

151 1978 Labour Relations (Public Service) Convention 08/12/2000

154 1981 Collective Bargaining Convention 08/12/2000

29 1930 Forced Labour Convention 04/03/1969

105 1957 Abolition of Forced Labour Convention 07/06/1963

5 1919 Minimum Age (Industry) Convention 20/06/1933Denounced on 1/02/1999, by ratification

C138, about minimum age

6 1919 N ight Work of Young Persons (Industry) Convention 20/06/1933

10 1921

Minimum Age (Agriculture) Convention

20/06/1933Denounced on 1/02/1999, by ratification


15 1921Minimum Age (Tr immers and Stokers) Convention 20/06/1933 Denounced on 02:02:2001

138 1973 Minimum Age Convention 02/02/2001

182 1999 Worst Forms of Child Labour Convention 28/01/2005

100 1951 Equal Remuneration Convention 07/06/1963

111 1958Discrimination (Employment and Occupation)

Convention04/03/1969

144 1976Tripartite Consultation (International Labour Standards)

Convention09/11/1999 Tripartite consultation

81 1947 Labour Inspection Convention 13/11/1967

129 1969 L abour Inspection (Agriculture) Convention 16/11/1976

160 1985 Labour Statistics Convention 23/03/1999

2 1919 Unemployment Convention 20/06/1933

88 1948 Employment Service Convention 31/10/1967

159 1983Vocational Rehabilitation and Employment (Disabled

Persons) Convention07/12/1989

26 1928 M inimum Wage-Fixing Machinery Convention 20/06/1933

95 1949 Employment Service Convention, 1948 07/06/1963

99 1951Minimum Wage Fixing Machinery (Agriculture)


1 1919 Hours of Work (Industry) Convention 20/06/1933

4 1919 Night Work (Women) Convention 20/06/1933

14 1921 Weekly Rest (Industry) Convention 20/06/1933

20 1925 Night Work (Bakeries) Convention 20/06/1933

30 1930Hou rs o f Work ( Com me rc e and O ff ice s) Conv en ti on 04/03/1969

52 1936 Holidays with Pay Convention 07/06/1963

101 1952 H olidays with Pay (Agriculture) Convention 04/03/1969

104 1955Abolition of Penal S anctions (Indigenous Workers)


106 1957 Week ly Rest (Commerce and Offices) Convention 04/03/1969

C135: Workers' Representatives Convention, 1971

C141: Rural Workers' Organisations Convention, 1975

C077: Medical Examination of Young Persons

(Industry) Convention, 1946C078: Medical Examination of Young Persons (Non-

Industrial Occupations) Convention, 1946

C124: Medical Examination of Young Persons

(Underground Work) Convention, 1965

Freedom of association, collective

bargaining, and industrial relations

Forced labour

Elimination of child labour and protection of

children and young persons

Equality of opportunity and treatment

Labour administration and inspection

Employment policy and promotion

Conventions

Wages

Working time

C094: Labour Clauses (Public Contracts) Convention,

1949

C131: Minimum Wage Fixing Convention, 1970

C173: Protection of Workers' Claims (Employer's

C171: Night Work Convention, 1990

C175: Part-Time Work Convention, 1994

C156: Workers with Family Responsibilities

Convention, 1981

C150: Labour Administration Convention, 1978

P081: Protocol of 1995 to the Labour Inspection

Convention, 1947

C096: Fee-Charging Employment Agencies Convention

(Revised), 1949 C122:

Employment Policy Convention, 1964

C181: Private Employment Agencies Convention, 1997


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CONV YEAR ABOUTRATIFICATION

RECORDDENOUNCED SUBJECT POSSIBILITIES FOR RATIFICATION

13 1921 White Lead (Painting) Convention 20/06/1933

62 1937 Safety Provisions (Building) Convention 04/03/1969

Denounced on 06/09/1994, by

ratification C162, about Asbestos

Convention

136 1971 Benzene Convention 16/11/1976

161 1985 Occupational Health Services Convention 25/01/2001

162 1986 Asbestos Convention 25/01/2001

167 1988 Safety and Health in Construction Convention 06/09/1994

170 1990 Chemicals Convention 06/09/1994

174 1993Prevention of Major Industrial Accidents Convention 09/12/1997

12 1921 Workmen's Compensation (Agr iculture) Convention 20/06/1933

17 1925 Workmen's Compensation (Accidents) Convention 20/06/1933

18 1925Workmen's Compensation (Occupational Diseases)


19 1925Equality of Treatment (Accident Compensation)


24 1927 Sickness Insurance (Industry) Convention 20/06/1933

25 1927 S ickness Insurance (Agriculture) Convention 20/06/1933

3 1919 Maternity Protection Convention 20/06/1933 Maternity protection C183: Maternity Protection Convention, 2000

21 1926 Inspection of Emigrants Convention 20/06/1933 Migrant workers

C097: Migration for Employment Convention

(Revised), 1949

C143: Migrant Workers (Supplementary Provisions)

Convention, 1975

7 1920 Minimum Age (Sea) Convention 20/06/1933Denounced on 1/02/1999, by ratification


8 1920 Unemployment Indemnity ( Shipwreck) Convention 20/06/1933

9 1920 Placing of Seamen Convention 20/06/1933

16 1921Medical Examination of Young Persons (Sea)


22 1926 S eamen's Articles of Agreement Convention 20/06/193323 1926 Repatriation of Seamen Convention 20/06/1933

107 1957 Indigenous and Tribal Populations Convention 04/03/1969 Denounced on 07:08:1991

169 1989 I ndigenous and Tribal Peoples Convention 07/08/1994

80 1946 Final Articles Revision Convention 10/06/1947

116 1961 Final Articles Revision Convention 04/03/1969

C115: Radiation Protection Convention, 1960

C120: Hygiene (Commerce and Offices) Convention,

1964

C139: Occupational Cancer Convention, 1974

C148: Working Environment (Air Pollution, Noise and

Vibration) Convention, 1977

C155: Occupational Safety and Heal th Convention,

1981

C176: Safety and Health in Mines Convention, 1995

C184: Safety and Health in Agriculture Convention,

2001

C102: Social Security (Minimum Standards)

Convention, 1952

C118: Equality of Treatment (Social Security

Convention, 1962

C121: Employment Injury Benefits Convention, 1964

C128: Invalidity, Old-Age and Survivors' Benefits

Convention, 1967

C130: Medical Care and Sickness Benefits Convention,

1969

C157: Maintenance of Social Security Rights

C055: Shipowners' Liabili ty (Sick and Injured Seamen)

Convention, 1936

C145: Continuity of Employment (Seafarers)

Convention, 1976

C146: Seafarers' Annual Leave with Pay Convention,

1976

C147: Merchant Shipping (Minimum Standards)

Convention, 1976

C163: Seafarers' Welfare Convention, 1987C164: Health Protection and Medical Care (Seafarers)

Occupational safety and health

Social security

Seafarers

Indigenous and tribal peoples

Not classified

CONVENIOS FUNDAMENTALES

CONVENIOS PRIORITARIOS


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Table 2. Conventions Non-ratified by ColombiaSelf construction, based data from ILO and National Government of Colombia

POSSIBILITIES FOR RATIFICATION

C140: Paid Educational Leave Convention, 1974

C142: Human Resources Development Convention,

1975

C188: Work in Fishing Convention, 2007

C152: Occupational Safety and Health (Dock Work)

Convention, 1979

C110: Plantations Convention, 1958C149: Nursing Personnel Convention, 1977

C172: Working Conditions (Hotels and Restaurants)

Convention, 1991

C177: Home Work Convention, 1996

P110: Protocol to the Plantations Convention, 1958

Specific categories

of workers

SUBJECT

Vocational guidance

and training

Fishers

Dockworkers

Table 3. Murders of trade unionist in Colombia. January 1st, 1986August 7th, 2009

Source: Human Rights Database, ENS, Trade Union headquarters.

January 1st, 1986August 7th, 2009 Total

Year 86 87 88 89 90 91 92 93 94 95 96 97

2704

No. of

homicides34 60 125 85 47 90 140 200 104 224 274 170

Year 98 99 00 01 02 03 04 05 06 07 08 09

No. of

homicides97 82 134 194 191 101 94 72 76 39 49 22


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Table 4. Total violations. January 1st, 1986 - August 7th, 2009

Type of violation N of cases Percentages%

Threats 4.418 42,6

Homicides 2.704 26,1

Forced displacement 1.611 15,5

Arbitrary detention 633 6,1

Harassment 280 2,7

Attack with or without injuries 237 2,3

Disappearance 190 1,8

Kidnapping 162 1,6

Torture 79 0,8

Illegal search 47 0,5

Homicide of relatives 3 0

Total 10.364 100

Total violations. January 1st, 1986 - August 7th, 2009

Source: Human Rights Database, ENS, Trade Union

headquarters.

Table 5. Total violations during Uribe Velez administration

Type of violation N of cases Percentages%

Threats 2.290 58,5

Homicides 505 12,9

Forced displacement 444 11,3

Arbitrary detention 291 7,4

Harassment 208 5,3

Attack with or without injuries 71 1,8

Disappearance 32 0,8

Illegal search 29 0,7

Kidnapping 26 0,7

Torture 19 0,5

Total 3.915 100

August 7th, 2002 - August 7th 2009

Source: Human Rights Database, ENS


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Table 5. Cases inCommitte on Freedom of Association

CASE No. PRESENTED BY COMPLAINT

2731National Trade Union of Civil Servants of the Colombian State

(SINTRAESTATALES) on the 21-05-2009

2730

Confederation of Workers of Colombia (CUT) and Union of Workers of

EMSIRVA (SINTRAEMSIRVA E.S.P.) on the 06-07-2009

2721 Colombian Workers' Confederation (CTC) on the 29-05-2009

2720 General Confederation of Labour (CGT) on the 10-06-2009

2719National Trade Union of Workers in the Food Industry (SINALTRAINAL)

on the 03-02-2009

2710 World Federation of Trade Unions (WFTU) on the 04-05-2009

2676Trade Union Association of Workers of Road Transport of Colombia

(ASCOTRACOL) on the 21-10-2008

2644National Union of Food Workers (SINALTRAINAL) and General

Confederation of Workers (CGT) on the 10-04-2008

(1)The National Union of Food Workers (SINALTRAINAL) alleges the

dismissal of three workers protected by trade union immunity, the

suspension of the employment contract of a trade union official, refusal

to bargain collectively and failure to apply the collective agreement in

force; (2) the General Confederation of Workers alleges collective

dismissal on grounds of restructuring, of cleaning staff at the University

of Caldas, and the collective dismissal of 31 workers of the Trade Union

of Official Workers of Armenia Quindo Municipality

2617

General Confederation of Labour (CGT), Association of Employees of

the National Prison Services (ASEINPEC) and Union of Guards of the

National Prison Services (SIGGINPEC) on the 24-09-2007

The Union of Guards of the National Prison Service (SIGGINPEC) alleges

that union members were branded as members of subversive

organizations, that three union officials were dismissed while covered by

trade union immunity; that disciplinary proceedings were institutedagainst the chairperson and the secretary of the national executive

committee for holding information meetings; that union leave was

denied, as was the provision of a union office and telephone line; and,

lastly, that the National Prison Service (INPEC) drafted legislation aimed

at changing the status of staff working in the prison guards and security

service in such a way as to prevent trade union membership. For their

part, the General Confederation of Labour (CGT) and the Association of

Employees of the National Prison Service (ASEINPEC) also refer to the

drafting of the legislative bill mentioned above and allege that a dismissal

took place

2612

National Union of Workers of Banco Bilbao Vizcaya Argentaria

Colombia (SINTRABBVA) and National Union of Bank Employees

(UNEB) on the 29-10-2007

The complainant organizations allege pressure being put on workers to

accept a collective accord, violation of the collective agreement in force,

dismissals and disciplinary proceedings with respect to trade union

leaders, and mass dismissals of bank workers

2565

Single Confederation of Workers of Colombia (CUT), National Trade

Union of Workers of Omnitempus Ltda (SINTRAOMNITEMPUS),

National Unitary Trade Union of Official Workers and Public Servants

of the State (SINUTSERES) and Trade Union of Workers of the Silvania

Lighting International Enterprise (SINTRAESLI) on the 15-02-2007

(1) Declaration of loss of enforceability (validity) of the decisions entering

in the trade union register, the founding document, executive board and

by-laws of the Trade Union of Workers of Omnitempus Ltda.

(SINTRAOMNITEMPUS) and subsequent dismissal of all of the officers

and 80 per cent of the members; (2) refusal by the administrative

authority to enter the Trade Union of Workers of the Silvania Lighting

International Enterprise (SINTRAESLI) in the trade union register; (3)

refusal by the administrative authority to register Mara Gilma Barahona

Roa as national controller (fiscal) of the National Unitary Trade Union of

Official Workers and Public Servants of the State (SINUTSERES) and her

subsequent dismissal, along with other union officers and over

20employees of the National Local Road Fund, which is in the process of

being liquidated, in which Ms Barahona Roa was employed; and

(4)refusal by the administrative authority to register the executive

committee of the Soacha Cundinamarca Colombia branch of the same

trade union

2522

National Federation of State and Public Service Workers (UNETE)

the Joint Union of Workers in Decentralized Institutions of the

Municipality of Buenaventura (SINTEDMUNICIPIO) the Union of

Workers of the Municipality of Buenaventura the General

Confederation of Labour (CGT) the Union of Labour Inspectors and

Public Employees of the Ministry of Social Protection (SINFUMIPROS)

and the Association of Public Servants of the Ministry of Defence

and the Health Service Institutions of the Armed Forces and the

National Police (ASEMIL) on the 10-08-2006

Restructuring of public institutions, mass dismissals without lifting trade

union immunity, refusal of registration and refusal to engage in collective

bargaining with public employees

2362

The National Union of Employees of AVIANCA (SINTRAVA), the Single

Confederation of Workers of Colombia (CUT), the Colombian

Association of Civil Aviators (ACDAC) and the Colombian Association

of Aviation Mechanics (ACMA) on the 03-06-2004

Anti-union dismissals in the context of restructuring beginning in March

2004 within the AVIANCA-SAM-HELICOL group of companies; rehiring of

dismissed workers through work cooperatives, depriving them of

coverage under the collective agreement with the group; threats against

trade union officials, failure to comply with the collective agreement,

pressure on individuals to sign a (non-union) collective accord and

dismissals of trade union officials; non-compliance with a collective

agreement and signing of a (non-union) collective accord

1787

International Confederation of Free Trade Unions (ICFTU), Latin

American Central of Workers (CLAT), World Federation of Trade

Unions (WFTU), Single Confederation of Workers of Colombia (CUT),

General Confederation of Democratic Workers (CGTD), Confederation

of Workers of Colombia (CTC), Trade Union Association of Civil

Servants of the Ministry of Defence, Armed Forces, National Police

and Related Bodies (ASODEFENSA), Petroleum Industry Workers'

Trade Union (USO) and World Confederation of Labour (WCL) and

others on the 28-06-1994

Murders and other acts of violence against trade union officials and

members, and cases of anti-union dismissal


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15

RESOURCES

Arango Olaya, Mnica. El bloque de constitucionalidad en la jurisprudencia de la Corte

Constitucional colombiana. Revista Virtual Precedente: Anuario 2004, publicada el 12 de

diciembre de 2006. Available in

http://www.icesi.edu.co/esn/contenido/pdfs/C1C-marango-bloque.pdf accesed in

February 3, 2010

Correa, Guillermo. Escuela Nacional Sindical. Crecimiento y dficit: la ficcin del trabajo

decente en Colombia. Informe nacional de la coyuntura econmica, laboral y sindical en

el 2007. Available inhttp://www.ens.org.co/publicacion.htm?x=20154344, accessed in

February 10, 2010

CTC, CGT, CUT. Los derechos laborales y las libertades sindicales en Colombia.

Coordinacin y produccin editorial Editer Estratgias Educativas. Primera edicin.

Bogot, noviembre de 2007.

Escuela Nacional Sindical. Death Isnt Mute. Report on violations to life, freedom and

integrity of trade unionists in Colombia during 2008 and situation of impunity of

violations in the period 1986-2009. Cuaderno de Derechos Humanos No. 21. Escuela

Nacional Sindical Colombia. 2009, available in

www.viva.org.co/cajavirtual/svc0188/articulo0010-a.pdf, accessed february 10, 2010

Garca Mrquez, Gabriel. Cien Aos de Soledad. Editorial Norma, Bogot - Colombia 2004

Gross Espiel Hector. Amrica latina y la OIT: las Conferencias Regionales de los pases deAmrica miembros de la OIT. Los derechos humanos y la libertad sindical, en La OIT

y los derechos humanos en Amrica Latina, 1986, pp 69-80, available in

http://www.bibliojuridica.org/libros//libros/2/897/10.pdf, Accessed in 11 february 2010

Hernndez Valderrama, Francisco. El Sindicalismo en Colombia, implicaciones sociales y

polticas. Pontificia Universidad Javeriana. Facultad de Ciencias Jurdicas, 2004. pp. 71 -

77
http://www.ens.org.co/publicacion.htm?x=20154344http://www.ens.org.co/publicacion.htm?x=20154344http://www.ens.org.co/publicacion.htm?x=20154344http://www.viva.org.co/cajavirtual/svc0188/articulo0010-a.pdfhttp://www.viva.org.co/cajavirtual/svc0188/articulo0010-a.pdfhttp://www.bibliojuridica.org/libros/libros/2/897/10.pdfhttp://www.bibliojuridica.org/libros/libros/2/897/10.pdfhttp://www.bibliojuridica.org/libros/libros/2/897/10.pdfhttp://www.viva.org.co/cajavirtual/svc0188/articulo0010-a.pdfhttp://www.ens.org.co/publicacion.htm?x=20154344


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Puyo Jimena, 2004. La Normatividad Laboral en Colombia. Eduardo Jos Snchez S.

(Editor). Instituto de Ciencia Poltica Hernn Echavarra Olzaga. Available in

http://www.icpcolombia.org/archivos/conceptos/pr_edicion_04_Laboral_Colombia.pdf,

accessed in February 3, 2010

Web for Colombian laws:

Constitucion Politica de Colombia de 1991 available in

http://web.presidencia.gov.co/constitucion/index.pdf, accessed 11 february, 2010

Colombia, Law 278 april 30, 1996, available in

http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=4928

http://www.derechoshumanos.gov.co/sindicalismo/Documents/ConveniosOIT_090921.pdf,

February 8, 2010

ILO web:

For Cases inCommitte on Freedom of Association

http://www.ilo.org/ilolex/english/digestq.htm, February 9, 2010

Report 2009. Report of the Director-General. Implementation of the Tripartite Agreementon Freedom of Association and Democracy in Colombiahttp://www.ilo.org/wcmsp5/groups/public/---ed_norm/---

relconf/documents/meetingdocument/wcms_103317.pdf, accessed in February 8, 2010

Report 2007. Report of the Director-General Fourth supplementary report: Implementation

process of the Tripartite Agreement on Freedom of Association and Democracy in Colombia

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---

relconf/documents/meetingdocument/wcms_087328.pdf, February 8, 2010

Author's Note: I have made the translations of the texts from Constitution of Colombia,

according with my judgment, trying to preserve the essence of the articles. Similarly, I have

translated the passage of One Hundred Years of Solitude, concerning to "the banana

massacre"
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Colombia and the International Conventions of ILO

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