Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Colombia (Ratification: 1999)

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 23 August 2016, and of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), received on 7 September 2016. The Committee requests the Government to provide its comments in this regard.

Article 3(1) of the Convention. Election of the representatives of the social partners. The CTC, CGT and CUT observe that the union census provided for in section 5 of Act No. 278 of 30 April 1996 has not been conducted and hope that it will be carried out on the basis of the criteria agreed by the workers’ organizations which make up the Standing Committee for Dialogue on Wage and Labour Policies. They express their concern at the registration of new trade union confederations which, according to them, do not meet the respective requirements. They therefore consider that, in the absence of the union census and of the definition of the criterion of “most representative” in the national legislation, any organization registered with the Ministry of Labour could claim to speak on behalf of the trade union movement. The Committee requests the Government to indicate the measures adopted or envisaged to conduct the census provided for in section 5 of Act No. 278 of 30 April 1996.

Article 5. Effective tripartite consultations. The Committee notes the information provided by the Government on the consultations held between April 2014 and August 2015 in the Tripartite Subcommittee on International Labour Matters that addressed the replies to questionnaires concerning items on the Conference agenda; the proposals to be made to the Congress of the Republic in connection with the submission of the instruments adopted by the Conference; the re-examination of unratified Conventions; and the preparation of reports on the application of ratified Conventions. The Government indicates that the Subcommittee has not examined any proposals for the denunciation of ratified Conventions. The ANDI considers that the Subcommittee has fully carried out its functions and observes that issues of special concern, such as violence against women and men in the world of work and labour migration, have been discussed. For their part, the CTC, CGT and CUT indicate that, while they recognize the value of the Subcommittee as a forum for dialogue and information, they consider that its results fall short of expectations and that it cannot be considered a success. They explain that no decision has been taken, following the meetings held with regard to the items on the agenda of the International Labour Conference, and that there is no real willingness to proceed with the ratification procedure once the instruments have been submitted. The Committee requests the Government to continue providing up-to-date information on the content and results of the tripartite consultations held on all the issues relating to international labour standards covered by the Convention. The Committee also requests the Government to indicate the manner in which account is taken of the opinions expressed by the representative organizations on the functioning of the consultation procedures required by the Convention.