Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Colombia (Ratification: 1976)

The Committee notes the joint communication by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of comments on the application of the Convention, on 30 August 2010, transmitted to the Government on 6 September 2010.

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), as it concerns issues also related to the application of this Convention, and to the following points as concerns more specifically labour inspection in agriculture.

Inadequacy of structures, means and logistics of the labour inspection service in agriculture. Following the comments of the CUT in 2007, which related to the ineffectiveness of the labour inspection system in agriculture due to the inappropriate geographical distribution of offices and lack of resources, the Committee notes that the new observations of the CUT and CTC still raise the same issue and attribute such weakness to the absence of specific arrangements for labour inspection in agriculture. In addition to the observations raised with regard to the Convention, No. 81, the trade unions deplore: (i) the location in urban areas of the generally competent territorial directorates and the lack of subordinate municipal offices in rural areas; (ii) the absence of labour inspectors specifically qualified in agriculture and the lack of specific training of labour inspectors in agriculture; (iii) the lack of technical and logistical means and of transport facilities to attain agricultural enterprises in areas of difficult access; (iv) the lack of preventive control of agricultural establishments, activities, production procedures and use of new products and substances; and (v) the insufficiency of inspection visits (control and prevention) in agriculture. The Committee notes that, while the Government refers to the establishment of the additional territorial directorate Orinoquia-Amazonia, it does not respond to the questions previously raised by the Committee as regards measures to strengthen the labour inspection system in agriculture (budget allocated, specific training provided, association of labour inspectors in the preventive control of agricultural establishments, etc.).

The Committee urges the Government to take the necessary measures to strengthen the structures and means of action available to labour inspectors in charge of agricultural enterprises (accessibility of offices, human resources and material resources, training, taking into account the specific needs in agriculture, etc.) and to keep the ILO informed of such measures and their results.

Article 6(1)(a) and (c) and (3), of the Convention. Working conditions and role of labour inspectors with regard to associated work cooperatives (CTAs). The Committee has previously pointed out, with reference to paragraph 133 of its General Survey of 2006 on labour inspection, that the precarious working conditions of a large number of workers in CTAs, which were acknowledged by the Government in its report, would largely justify entrusting labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs, and the workers in the CTAs. While observing that the Government did not provide any relevant information, the Committee notes with interest with reference to its observations under Convention No. 81, the adoption of Law No. 1233 of 2008 which establishes the obligation of cooperatives and precooperatives for contributions to the Colombian Institute for Family Welfare (ICBF), to the National Apprenticeship Service (SENA) and to family benefit funds.

Regarding, more particularly, the conditions of workers working in CTAs producing sugar canes, it notes that, according to the Government, following a big strike by sugar cane harvesters who had been recruited through CTAs from the department of Valle del Cauca, which had paralyzed the whole sugar cane production in the region from 14 July to 15 September 2008, agreements were concluded by CTAs with several refineries, granting, for example increased wages, more equipment and work clothes, loans without interest for one year, support with the family benefit fund for the financing of social plans, education allowances for workers and their families, etc. The Committee requests the Government to indicate whether it is envisaged to entrust labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs and the workers in the CTAs, (Article 6(1)(c) of the Convention. It further requests the Government to indicate the role of labour inspectors as regards the control of legal obligations of cooperatives in the agricultural sector and to provide information on the cooperation between the labour inspectorate and the superintendence of economic solidarity and other special superintendences in the framework of the implementation of circular No. 001 of 2009, which the Government referred to in this regard but did not transmit to the ILO.

The Committee is raising other points in a request addressed directly to the Government.