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Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the Government’s replies to the observations made by the social partners in 2016, which were included in its 2019 report. The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 4 September 2019. It also notes the observations of the General Confederation of Labour (CGT), received on 16 September 2019. The Committee requests the Government to provide its replies to these observations.
Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes the detailed information provided by the Government in its supplementary report on the tripartite consultations held within the framework of the various subcommittees of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL) on the labour measures adopted to mitigate the effects of the pandemic. In particular, the Government refers to the tripartite consultations held on such subjects as measures to prevent job losses and the follow-up to the complaints made relating to the suspension of contracts, the imposition of unpaid leave by the employer and dismissals. The Government also reports the adoption of the Labour Mediation Strategy during the COVID-19 Period, in the context of which 70 cases have been dealt with, as well as the establishment on 30 July of the Employment Mission, which will benefit from ILO technical assistance with a view to developing strategies and instruments to improve employment in the country. The Committee also notes the detailed information provided by the Government concerning the progress made by the Special Committee for the Handling of Conflicts referred to the ILO between 2012 and 2020, as the Special Committee continued to hold virtual meetings during the quarantine period established due to the pandemic. The Committee further notes the detailed information provided by the Government in its supplementary report on the four sessions of the Subcommittee on International Labour Matters held between March and September 2020, in which the discussions covered, among other subjects: the different measures adopted by ILO Member States to address the impact of the pandemic on the labour market; the implementation of technical cooperation activities in the country with ILO participation; the supplementary reports on ratified Conventions; the follow-up to the implementation of the Domestic Workers Convention, 2011 (No. 189), and particularly measures to mitigate the impact of the pandemic on domestic work. In the context of the global COVID-19 pandemic, the Committee recalls the broad guidance contained in international labour standards. The Committee encourages Member States to engage in broader tripartite consultation and social dialogue to provide a solid basis for the development and implementation of effective responses to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue providing updated information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, and particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.
Article 3(1) of the Convention. Election of the representatives of the social partners. In its previous comments, the Committee requested the Government to indicate the measures that had been adopted to conduct the trade union census envisaged in section 5 of Act No. 278 of 30 April 1996. In this regard, the Committee notes the Government’s indication that the census is the tool through which the representativeness of trade union confederations is determined on the various tripartite bodies in the country. The Committee notes with interest that in 2017 a trade union census was carried out for the first time in over 30 years. Since certain discrepancies were identified following the verification of the results, the Ministry of Labour initiated a verification process in which the data on the number of union members found by the trade union census carried out by the Ministry of Labour was compared with the information provided by union confederations. The Government reports the holding of regular workshops with union confederations in which they are consulted and their views are taken into consideration. The Government adds that most of the union confederations in the country were also consulted regarding the methodology used during the verification process. The Government adds that, as a result of the verification process, clearer information was obtained on, among other subjects, trade union registers that had been annulled, those that were active and inactive, the findings of the census and organizations that are not members of confederations. The Government indicates that since March 2018 information on the findings of the census and the implementation of the verification process has been published in quarterly bulletins. However, the Committee notes the Government’s indication that, as significant differences were identified between the information provided by trade union confederations and the findings of the census, the verification process has not yet been completed. The Government adds that the objective is to prevent any organization registered with the Ministry of Labour being able to claim that it speaks for the union movement. In this respect, the Government expresses its commitment to maintaining, together with the trade union confederations, a mechanism for the regular updating of the data of the trade union census. The Committee requests the Government to continue providing detailed and updated information on the measures adopted within the framework of the process of the verification of the Ministry of Labour’s trade union census, and its findings.
Article 5. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held between 2017 and 2019 on the matters relating to international labour standards covered by Article 5(1) of the Convention in the context of the Tripartite Subcommittee on International Labour Matters of the CPCPSL. With reference to the re-examination of unratified Conventions, the Government indicates that tripartite consultations have been held on the possible ratification of the Workers’ Representatives Convention, 1971 (No. 135), the Rural Workers’ Organisations Convention, 1975 (No. 141), the Nursing Personnel Convention, 1977 (No. 149), and the Maternity Protection Convention, 2000 (No. 183). The Government indicates that the process of the ratification of Conventions Nos 149 and 183 is currently proceeding in the Congress of the Republic. Tripartite consultations have also been held on the measures necessary to examine the potential ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that during the tripartite consultations it was also agreed to adopt measures to focus its efforts on analysis of compliance with ratified Conventions. The Government refers to the organization of various activities relating to international labour standards within the framework of the Subcommittee on International Labour Matters, such as capacity building on the ILO Standards Review Mechanism (SRM).
However, the Committee notes the CGT’s indication that tripartite consultations have not been held on proposals for the denunciation of ratified Conventions (Article 5(1)(e)), on reports to be made to the Office pursuant to article 19 of the ILO Constitution or on unratified Conventions and Recommendations to which effect has not yet been given, in accordance with Paragraph 5(e) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The CGT also considers that technical and financial assistance is necessary to increase the frequency of the tripartite consultations held in the Subcommittee on International Labour Matters. With regard to the manner in which the views of the representative organizations are taken into account during the tripartite consultations, the Government indicates that, under the terms of Act No. 278 of 1996, the decisions of the CPCPSL are adopted by consensus by the representative parties. The Government indicates that the claims of each of the actors in the CPCPSL are taken into consideration and voted upon, with a view to ensuring effective tripartite consultations, in accordance with the Convention. The Committee requests the Government to continue providing updated and detailed information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1) of the Convention.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Strengthening of social dialogue and tripartite consultations. The Committee notes the Government’s report and the comments of the National Employers Association of Colombia (ANDI), the International Organisation of Employers (IOE), the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC). The Government reports the activities which took place in 2013 in the framework of the Tripartite Subcommittee on International Labour Matters, which included consultations on international labour standards, as required by the Convention. The Government indicates that the representatives of workers’ organizations proposed a work schedule to the Tripartite Subcommittee which was accepted by all the members. The schedule includes the review of the matters on which the Committee of Experts has commented. The Government also reports that the Congress of the Republic adopted Act No. 1595 approving the ratification of Convention No. 189, which is currently under review by the Constitutional Court. ANDI confirms its commitment to strengthening social dialogue institutions and its participation in the Tripartite Subcommittee. The two union confederations recognize that the Ministry of Labour has opened tripartite spaces for dialogue, but express their frustration at the lack of results. The two confederations indicate that priority needs to be given to the Conventions to be ratified and carrying out studies to give effect to international labour standards. The two confederations support the ratification of Conventions Nos 102, 137, 152 and 176. The Government indicates that the Tripartite Subcommittee is examining the possibility of submitting the ratification of Conventions Nos 135, 149 and 183 to the Congress of the Republic. The Committee refers to comments made in 2012 and observes that the work of the Tripartite Subcommittee has resulted in the strengthening of the consultations on international labour standards required by the Convention. The Committee hopes that the next report will enable it to examine the results of the work of the Tripartite Subcommittee on International Labour Matters on each of the subjects listed in Article 5(1), as well as other consultations covered by the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Strengthening of social dialogue and tripartite consultations. In its observation of 2011 the Committee expressed its conviction that the Government and the social partners should endeavour to take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Government’s report received in August 2012 states that on 24 May 2012 a tripartite Subcommittee on International Labour Matters was set up in the context of the Standing Committee for Dialogue on Wage and Labour Policies. The Committee notes with interest that one of the tasks of this Committee is to examine and be consulted on the subjects covered by Article 5(1) of the Convention. The Government also states that consultations were held with the social partners and in April 2012 the Domestic Workers Convention, 2011 (No. 189), was submitted to the National Congress for ratification. The social partners were also consulted on the submission of 13 Conventions and a Protocol.
The National Employers’ Association of Colombia (ANDI) indicates in its observations received in September 2012 that, in addition to the Standing Committee for Dialogue on Wage and Labour Policies, there are other forums for dialogue in which tripartite discussions are held on labour standards at national and international level. The International Organisation of Employers (IOE) also emphasizes the progress made in social dialogue and the many ways in which rapprochement has taken place between the social partners. Moreover, the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) state in a joint communication of August 2012 that effective consultations should be held on an equal footing which ensure the fair participation of the most representative trade unions in all action relating to participation of the State vis-à-vis the ILO. The CUT states in an individual communication of August 2012 that the trade union movement is not only willing to engage in dialogue but also to support the ratification and implementation of international labour standards. The CUT drew up a list of pending issues with respect to which the ILO supervisory bodies have requested information in the reports on ratified Conventions.
The Committee refers to the resolution on tripartism and social dialogue adopted by the Conference at its 90th Session (2002), which emphasizes the fact that for tripartite consultations to be successful, the participants must demonstrate the necessary skills for social dialogue (capacity to be aware of the positions of the other parties, respect for each participant, abiding by commitments made, and a willingness to resolve differences). Furthermore, the Committee notes that the 2008 ILO Declaration on Social Justice for a Fair Globalization identified Convention No. 144 as one of the most significant instruments in terms of governance. The Committee therefore expresses its conviction once again that there are new grounds for continuing to bring together the social partners and further intensify tripartite consultations. The Committee invites the Government to send information in its next report on the activities of the Tripartite Subcommittee on International Labour Matters and other consultations held on the subjects covered by Article 5(1) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Strengthening of social dialogue and tripartite consultations. In the report received for the period ending May 2011, the Government indicates that, in accordance with the new structure established by Act No. 1444 of May 2011, the Ministry of Labour envisages stimulating and promoting the development of an industrial relations culture based on dialogue, conciliation and the conclusion of agreements which consolidate social and economic development, increased productivity, the direct resolution of individual and collective labour disputes and dialogue concerning wage and labour policies. The Government indicates that, in accordance with the above, full effect will be given to Convention No. 144. Nevertheless, the report does not contain information on the tripartite consultations held on each of the points enumerated in Article 5(1) of the Convention. The Committee once again expresses its conviction that the Government and the social partners should endeavour to take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) made comments which were forwarded to the Government in September 2011. In their comments, they proposed to the Government that a labour agenda should be prepared and agreed upon specifically including the determination of dates for the discussion of international labour standards and for seeking their ratification. The Committee requests the Government to provide specific information on the manner in which the Government and the social partners have held “effective” consultations on international labour standards, as required by the Convention (Article 5(1)). 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.
Tripartite consultations prior to submission to the Congress of the Republic of the instruments adopted by the Conference. With reference to its previous comments, the Government indicates in the report that it is a matter of serious concern that Conventions and Recommendations have not been submitted. The Committee notes that the Government intends to bring the matter to the Committee for Dialogue on Wage and Labour Policies to analyse the most expeditious manner of complying with the constitutional obligation of the submission of Conventions and Recommendations to the Congress of the Republic. The trade union organizations confirm in their comments that the instruments adopted by the International Labour Conference have not been submitted to the Congress of the Republic for discussion nor put before the Committee for Dialogue on Wage and Labour Policies. The Committee refers to its observation on the obligation of submission envisaged in article 19(5) and (6) of the Constitution of the ILO. The Committee observes that 34 instruments adopted by the Conference are awaiting submission. The Committee asks the Government to provide information on the effective consultations held with the social partners concerning the proposals made to the Congress of the Republic on the occasion of the submission of the instruments adopted by the Conference (Article 5(1)(b)).
[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.

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