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. 20. The Committee last examined this case at its November 2002 meeting [see 329th Report, paras. 400-417] and on that occasion it formulated the following recommendations:
   • – regarding the alleged attempt of the Mayor’s office of the Municipality of Arauca to dismiss Antonio Marín Bravo, trade union official of SINTREMAR, the Committee requests the Government to keep it informed of the ruling adopted in the judicial proceedings concerning the lifting of the trade union immunity of this SINTREMAR official;
   • – regarding the judicial proceedings concerning the dismissal of the trade union leader Gladis Correa Ojeda and the criminal proceedings concerning the trade union leader Juan Bautista Oyola Palomá which gave rise to his dismissal, the Committee expresses the firm hope that the proceedings will be concluded shortly and requests the Government to inform it of the outcome thereof;
   • – regarding the mass dismissal and lifting of trade union immunity of the leaders of the Public Works Trade Union of Cúcuta so that they can be dismissed, the Committee urges the Government to take measures to ensure that an inquiry is conducted and, if it is concluded that the dismissals or the lifting of trade union immunity have been the result of their trade union activities, to take measures to ensure that the dismissed workers are reinstated in their jobs and that trade union immunity is restored. The Committee requests the Government to keep it informed in this respect;
   • – regarding the alleged political persecution of Fermín Vargas Buenaventura, a lawyer for the trade union, the Committee urges the Government to take the necessary measures to ensure that the competent authority launches an inquiry in this respect and to keep it informed of the outcome thereof;
   • – regarding the alleged dismissal of all the workers and members of the Public Servants and Employees’ Trade Union of Pitalito-Huila by the Municipality of Pitalito, the Committee requests the Government to speed up the inquiry and that, if it is concluded that the dismissals occurred for anti-trade union reasons, it should take measures to ensure that the injured parties are reinstated in their jobs without loss of earnings. The Committee requests the Government to keep it informed in this respect.
2. 21. In its communication of 2 January 2003, the Government states that the proceedings on the dismissal of trade union officials Antonio Marín Bravo and Gladis Correa Ojeda, and the criminal proceedings against Juan Bautista Oyola Palomá, are under way. With regard to the mass dismissal and lifting of trade union immunity of the leaders of the Public Works Trade Union of Cúcuta, the Government states that currently proceedings requesting the reinstatement of the trade union officials are before the ordinary labour court.
3. 22. Finally, the Government states that with regard to the political persecution of Fermín Vargas Buenaventura, as already indicated in a previous reply, the Superior Council of the Judicature is the competent body to investigate complaints concerning lawyers and the exercise of the legal profession.
4. 23. The Committee notes this information. The Committee regrets that, despite the amount of time that has elapsed, the judicial proceedings under way on anti-union dismissals of trade union officials and/or the lifting of trade union immunity have still not been concluded. In these circumstances, the Committee urges the Government to take steps to ensure that the proceedings in question are finalized without delay and to keep it informed of the outcome of these proceedings.
5. 24. With regard to the alleged political persecution of Fermín Vargas Buenaventura, a trade union lawyer, the Committee once again requests the Government to take steps to ensure that the relevant competent organization or institution carries out an inquiry in this respect.
6. 25. Finally, regarding the alleged dismissal of all the workers and members of the Public Servants and Employees’ Trade Union of Pitalito-Huila by the Municipality of Pitalito, the Committee urges the Government to speed up the inquiry that it says has begun and if it is concluded that the dismissals occurred for anti-union reasons, to take measures to ensure that the injured parties are reinstated in their jobs without loss of earnings. The Committee requests the Government to keep it informed in this respect.