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Strengthening of social dialogue and tripartite consultations. The Committee notes the Government’s report for the period ending June 2009. The Government refers to its statement to the Conference Committee in June 2009 during the discussion on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Government indicated that it values spaces for dialogue which make it possible to analyse the situation in the country in an objective manner, including its achievements and difficulties, and propose actions intended to continue strengthening institutional capacities and public policies with a view to making progress in ensuring respect for the rights and well-being of the entire population. It undertook to encourage existing tripartite spaces, improving their procedures and establishing the basis for concluding agreements and achieving tangible results in the medium term. In its previous comments on the application of Convention No. 144, the Committee requested detailed information on any written communications sent to satisfy the requirement for consultations with regard to international labour standards. The Committee also requested clarification as to whether the Standing Committee for Joint Action on Wage and Labour Policy participates in the consultations required by the Convention. The Committee noted the information received from the Single Confederation of Workers of Colombia (CUT), forwarded to the Government in October 2008. Among other matters, the CUT indicated that consultations are not held in a systematic and continuous manner. According to the CUT, the reports due to be supplied to the ILO are dealt with outside the Standing Committee for Joint Action on Wage and Labour Policy. In its reply, received in March 2009, the Government indicates that in practice the Ministry of Social Protection coordinates the tripartite dialogue machinery known as the Standing Committee for Joint Action on Wage and Labour Policy, but does not provide specific information on the consultations held during the period covered by the report on each of the items enumerated in Article 5(1) of the Convention. In these circumstances, the Committee once again expresses its conviction that the Government and the social partners should take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Committee requests the Government to provide specific information in its next report on the manner in which the Government and the social partners have held “effective” consultations on international labour standards, as required by Convention No. 144 (Article 5(1)(d)). The Committee recalls that the 2008 Declaration on Social Justice for a Fair Globalization identifies Convention No. 144 as one of the most significant instruments from the viewpoint of governance.
Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. The Committee notes that the consultations required by this provision of the Convention have not been held and that the instruments adopted by the Conference have not been submitted to the National Assembly. The Committee refers to its observation on the obligation of submission as provided for in article 19, paragraphs 5 and 6, of the Constitution of the ILO in which it notes that 31 instruments adopted by the Conference are still awaiting submission. The Committee requests the Government to provide information on the effective consultations that are held with the social partners on the proposals made to the Congress in relation to the submission of the instruments adopted by the Conference.
Strengthening of social dialogue and tripartite consultations. In its observation of 2007, the Committee requested the Government to send its report with detailed information on any written communications undertaken to satisfy the requirement for consultations with regard to international labour standards and to indicate whether the Standing Committee for Joint Action on Wage and Labour Policy is participating in the consultations required by the Convention. With regard to the application of Convention No. 144, the Single Confederation of Workers of Colombia (CUT) sent the Committee the report on labour rights and freedom of association in Colombia which had been made available to the ILO High-level Mission which visited Colombia in November–December 2007. In the communication received in May 2008, the Government stated that the Standing Committee for Joint Action on Wage and Labour Policy had been established and that an agreement had been signed with the ILO to implement a project intended to strengthen social dialogue, fundamental labour rights, and the inspection, supervision and monitoring of labour in Colombia. In its report received in September 2008, the Government states that no tripartite consultations have been held on the subjects covered by the Convention. The Government adds that it will be a matter for the Standing Committee for Joint Action on Wage and Labour Policy to jointly formulate the procedure, as a matter of urgency, for carrying out the consultations provided for in the Convention. The Committee refers once again to its previous comments and reiterates it conviction that the Government and the social partners should undertake to promote and reinforce tripartism and social dialogue on the matters covered by the Convention. The Committee refers to the 2008 ILO Declaration on Social Justice for a Fair Globalization, which affirms that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore repeats its invitation to the Government and social partners to undertake “effective consultations” on international labour standards as required by Convention No. 144, which is most significant from the viewpoint of governance.
Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its report of 2008, the Government refers to the consultations which may be held in the Standing Committee for Joint Action on Wage and Labour Policy in relation to the obligation of submission. The Committee notes that the consultations required by the provisions of the Convention do not appear to have been held. The Committee also notes that the procedure for submission has not been implemented either. The Committee refers to its observation on the obligation of submission, under article 19, paragraphs 5 and 6, of the ILO Constitution, and notes that 31 instruments adopted by the Conference are awaiting submission. The Committee requests the Government to provide information on the effective consultations which will be held with the social partners concerning the proposals presented to the Congress on the occasion of the submission of the instruments adopted by the Conference.
Article 5, paragraph 1(d). Reports on ratified Conventions. The Committee notes a communication sent to the Government by the CUT in October 2008. The Committee invites the Government to formulate its comments on the communication from the CUT. The Committee also hopes that, when replying to the questions raised in the present observation and drawing up the report due in 2009, the Government and the social partners will hold the consultations required by the Convention.
1. Strengthening of social dialogue and tripartite consultations. In communications sent by the Office to the Government in April 2006, the Union of Public Officials of the University Hospital of Valle (SINSPUBLIC–H.U.V.) and the Single Confederation of Workers (CUT) noted that trade union organizations have tried, on the basis of Convention No. 144, to hold talks with the National Civil Service Commission in order to suggest alternatives and find solutions that would prevent employees from having to take responsibility for administrative errors and which would respect their job stability. The trade union organizations also referred to application-related difficulties in respect of other Conventions ratified by Colombia. In the report received in July 2007, the Government states that the proposals put forward by the trade union organizations of public employees and by the heads of public bodies were taken into account during the conception and preparation of Act No. 909 of 23 September 2004. The aforementioned Act issues rules and regulations governing public employment, careers in administration, and public management – without violating the provisions of Convention No. 144.
2. In this respect, in reply to the previous comments, the Government also reiterates in its report that it is permanently committed to deepening and strengthening social dialogue as an important instrument through which the Government, trade union leaders and employers strive to take advantage of the legal and constitutional provisions available to them in order to move forward in the construction of a forum in which they can discuss labour problems. Nevertheless, the Committee notes with regret that in its report, the Government states that no tripartite consultations have been held on the matters referred to in the Convention. In this regard, the Committee refers to its comments on Convention No. 87. It is the Committee’s understanding that the Government and the social partners should endeavour to promote and reinforce tripartism and social dialogue in relation to the issues covered by the Convention. Tripartism and social dialogue “have proved to be a valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role” (see the resolution on tripartism and social dialogue, adopted by the Conference at its 90th Session (June 2002)).
3. Articles 2 and 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. In September 2007, the Office sent the Government new comments received from the CUT, according to which, despite the fact that the CUT and other representative organizations of workers had, on a number of occasions, requested meetings of the Committee for the Handling of Conflicts Referred to the ILO, no such meetings were called by the Government. The CUT insists that the aforementioned committee was not consulted on the matters covered by the Convention. The Committee refers to its previous comments, in which it recalled the need to ensure that consultations on the issues dealt with by the Convention are held sufficiently early. It stated that the Standing Committee for Joint Action on Wage and Labour Policy must be a proper body for dealing with the matters covered by the Convention. It also recalled the possibility of ad hoc tripartite meetings and that other tripartite committees might also be consulted on subjects covered by the Convention. The Committee asks the Government once again to provide information on the Government’s written communications made with a view to complying with all the consultations required on international labour standards and to indicate whether the Standing Committee for Joint Action on Wage and Labour Policy participates in the consultations required under the Convention.
4. Article 5, paragraph 1(b). Prior tripartite consultation. Submission to the Congress of the Republic. In its report, the Government states that it hopes, in the near future, to be able to make progress in the tripartite consultations so as to fulfil the obligation of submission. The Committee refers to the observation it has been making for many years concerning compliance with the obligation to submit ratified instruments, and hopes that the Government will be in a position to inform the Committee very shortly that the consultations required by Convention No. 144 have been held and that all other outstanding instruments have been submitted to the Congress of the Republic.
[The Government is asked to reply in detail to the present comments in 2008.]
1. In reply to the Committee’s previous direct request, the Government reiterates in the report received in October 2005 that it intends to deepen and strengthen social dialogue. The Government also provides information on the agenda developed on 1 September 2005 at the meeting of the Standing Committee for Joint Action on Wage and Labour Policy. Social dialogue is a topic addressed by the abovementioned standing committee and the Government again refers to the conclusions of the tripartite workshop held in Bogota in September 2003.
2. The Committee notes that in the tripartite workshop of September 2003, it was pointed out that the government authorities and the representatives of the social partners were ready to encourage social dialogue and promote application of Convention No. 144. It was recommended that workshops on the subject should be held nationwide and at the municipal level. The Government was asked to see that consultations on the issues dealt with by the Convention are held sufficiently early. It was noted that the abovementioned standing committee was a proper body for dealing with the matters covered by the Convention. The possibility of ad hoc tripartite meetings was also considered. Other tripartite committees might also be consulted on subjects covered by the Convention.
3. The Committee would be grateful if, in its next report, the Government would provide more specific information on the manner in which the conclusions of the tripartite workshop have been put into effect. It again requests more detailed information on the improvements made to the Government’s written communications on international labour standards and the participation of the abovementioned standing committee in the consultations required by the Convention (Article 2). The Committee requests the Government to send specific information about the consultations held on the matters listed in Article 5, paragraph 1(a), (d) and (e), of the Convention.
4. Article 5, paragraph 1(b) and (c). The Committee notes that the bills to approve Conventions Nos. 135, 150, 183 and 184 were archived by the Congress of the Republic. The Committee refers the Government to the observation it has been making for many years concerning compliance with the obligation to submit ratified instruments, and hopes that the Government will be in a position to inform the Committee very shortly that the consultations required by Convention No. 144 have been held and that all other instruments pending have been submitted to the Congress of the Republic.
1. With reference to its direct request of 2002, the Government provides information on a tripartite seminar carried out in September 2003, the objectives of which were to promote a better application of Convention No. 144 and to contribute to reinforcing social dialogue. The Committee notes with interest that, according to the Government’s report, during the seminar the participants expressed their willingness to encourage social dialogue and promote the application of Convention No. 144. The organization of seminars on the subject at the territorial and municipal levels was recommended. The Government was asked to ensure that consultations on the subject covered by the Convention are held sufficiently early. The Permanent Dialogue Commission on Wage and Labour Policies was mentioned as being the competent body to address the issues covered by the Convention. The possibility of holding ad hoc tripartite meetings was also examined. Other tripartite commissions could also be consulted concerning the issues covered by the Convention. The Committee hopes that in its next report, the Government will continue providing information on the effect given to the previous conclusions, in particular on the improvements to the written communications carried out by the Government and the possible participation of the Permanent Dialogue Commission on Wage and Labour Policies in the consultations required by the Convention (Article 2 of the Convention).
2. Article 4, paragraph 2. The Committee also welcomes the fact that the funds available to the Special Technical Cooperation Programme for Colombia served to finance the necessary training of the participants in the consultation procedures required by the Convention.
3. Article 5, paragraph 1(b) and (c). The Committee notes with interest that the possibility of ratifying Conventions Nos. 135, 149 and 150 has been examined. The Government also indicates that it held consultations on the submission to the National Congress of Conventions Nos. 183 and 184. Regarding the consultations on the proposals made when submitting the instruments adopted by the Conference to the Congress of the Republic, the Committee refers to the observations it has been making for many years on compliance with the obligation of submission, and hopes that the Government will be in a position to announce very soon that it has held the consultations required by Convention No. 144 and submitted all the remaining instruments to the Congress of the Republic.
4. In general, the Committee hopes that the Government will be in a position to provide more substantive information on the consultations held on the other items covered by the Convention, as specified in Article 5, paragraph 1(a), (d) and (e), of the Convention.
5. Finally, the Committee would be grateful if the Government would also include information on any reports prepared or any recommendations formulated as a result of the consultations (Article 5, paragraph 2), and any consultations that were held on "the working of the procedures provided for in this Convention" (Article 6).
The Committee notes the Government’s first report on the application of the Convention, which was received in November 2001. Bearing in mind the general situation in Colombia, and the possibility of having recourse to the resources available under the Special Technical Cooperation Programme for Colombia to strengthen social dialogue, the Committee hopes that in its next report the Government will be in a position to address the matters raised in this direct request and to indicate any progress that has been achieved concerning the application of the following provisions of the Convention.
Article 2 of the Convention. Please indicate the role played by the Permanent Commission for Dialogue on Wage and Labour Policies in the consultations covered by Convention No. 144 or, as appropriate, confirm that the written consultations carried out by the Ministry of Labour and Social Security have met with the agreement of the parties concerned. In general, please describe the procedures which ensure effective consultations with respect to the matters set out in Article 5, paragraph 1, between representatives of the Government, of employers and of workers.
Article 4, paragraph 2. Please indicate whether funds have been allocated for the financing of any necessary training of participants in the consultative procedures required by the Convention.
Article 5, paragraph 1. Please give particulars of the consultations held on each of the matters set out in paragraph 1, including information as to the frequency of such consultations.
Article 5, paragraph 2. Please indicate the nature of any reports or recommendations made as a result of the consultations.
Article 6. Please give particulars of the consultations that have taken place on "the working of the procedures provided for in this Convention", and on the possibility of issuing an annual report on the consultations held on the matters covered by the Convention.