Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 331, Juin 2003

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

1. 15. At its November 2002 meeting, the Committee formulated the following recommendations [see 329th Report, para. 399, clauses (a), (b) and (c)]:
   • – the Committee: (1) expects that the judicial authorities will rapidly rule on the legal proceedings initiated by 16 trade union officials and workers affiliated to SINTRATELEFONOS who were dismissed by the enterprise ETB and requests the Government to send a copy of the judgements handed down; (2) in view of the fact that the legal proceedings concerning the dismissal of 16 trade union officials and workers of SINTRATELEFONOS have not been concluded after over four years, requests the Government to ensure the expedition of these proceedings so that a final decision is reached in the very near future, and if the judicial authority affirms that these dismissals were of an anti-union nature, to take immediate measures for the reinstatement of the dismissed without loss of wages; and (3) also asks the Government to take steps to ensure that the administrative inquiry initiated with respect to the dismissals of Martha Querales, Elías Quintana and Carlos Socha of the ETB is completed very soon and to send the corresponding results;
   • – with regard to the judicial proceedings brought by the workers dismissed from the Engativa office in 1999, the Committee expresses the hope that these proceedings will be finalized in the very near future and requests the Government to keep it informed about the final result;
   • – in respect of the recent alleged threats made by the United Self-Defence Forces of Colombia (a paramilitary group) against the members of the executive committee of the trade union organization SINTRATELEFONOS, and in particular the trade union officials Rafael Galvis, Sandra Cordero and Manuel Rodríguez, the Committee requests the Government promptly to take measures to provide protection to the threatened officials and to keep it informed in this respect.
2. 16. In a communication dated 2 January 2003, the Government states, in relation to clause (a) of the Committee’s recommendations, that the Political Constitution of Colombia establishes the three-way division of power (the executive, the legislature and the judiciary) and from this constitutional rule it can be deduced that the executive branch of public power cannot intervene in the functions which belong to the judicial branch, by requesting that proceedings initiated by trade union officials and members be expedited. It is not up to the Ministry of Labour and Social Security, nor the other bodies that form part of the Government, to take steps with regard to the immediate reinstatement of the dismissed workers. It is up to the judicial authorities, at the request of those concerned, to try and to decide the requests for reinstatement. With regard to clause (b) of the Committee’s recommendations, the Government states that the proceedings brought by the workers dismissed in 1999 are pending before the regular labour courts.
3. 17. In a communication dated 15 January 2003, the Government states with regard to clause (c) of the Committee’s recommendations, that it is currently taking all steps to provide rapid protection for the members of the executive committee of SINTRATELEFONOS.
4. 18. The Committee notes this information. The Committee deeply regrets that the legal proceedings relating to the alleged anti-union dismissals have already taken more than four-and-a-half years. The Committee notes that the Government indicates that as a result of the division of public powers it cannot request that the proceedings be expedited and that these are still pending. In this regard, the Committee recalls that on many occasions it emphasized that cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination, and in particular a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned [see Digest of decisions and principles of the Freedom of Association Committee, 1996, 4th edition, para. 749]. In these circumstances, the Committee urges the Government to take steps immediately to ensures that the legal procedures relating to the alleged anti-union dismissals at the ETB enterprise of 16 trade union officials and workers affiliated to SINTRATELEFONOS, and those relating to the workers from the Engativa office, are finalized rapidly and that it ensure that these workers are reinstated in their jobs if the legal authorities decide that they were dismissed for anti-union reasons, or if their reinstatement is not possible, to ensure that they receive adequate compensation. Moreover, the Committee requests the Government to take steps without delay to finalize the administrative inquiry relating to the dismissal of Martha Querales, Elías Quintana and Carlos Socha of the ETB enterprise, which was initiated some time ago. The Committee requests the Government to keep it informed of developments in the legal and administrative proceedings relating to all the dismissed workers. More generally, the Committee requests the Government to take the necessary measures to ensure that procedures relating to protection against acts of anti-union discrimination are rapid and effective.
5. 19. Finally, the Committee notes that the Government states that it is taking steps to protect the members of the executive committee of SINTRATELEFONOS and requests the Government to confirm that all persons concerned have been guaranteed adequate protection.