Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

A Government representative said that the Government of Colombia valued the spaces for dialogue which made it possible to analyse the situation in the country in an objective manner, including its achievements and deficiencies, and propose actions intended to continue strengthening institutional capacities and public policies with a view to making progress in ensuring the respect for the rights and well-being of the entire population.

As in 2008, Colombia had agreed to provide information on the developments that had taken place in the past year and listen to the contributions that the delegations wished to propose. The Colombian Government expressed its gratitude for this opportunity and wished to provide an update on the progress made in applying Convention No. 87, which the Committee of Experts had referred to in its 2009 report as a case of progress. The Committee of Experts had indicated its satisfaction with the measures adopted by the Government on matters related to freedom of association, protection of leaders of trade unions and their affiliates, the fight against impunity and the investigation of human rights violations against trade unionists.

She added that the ILO Committee on Freedom of Association (CFA) had recognized the above in its examination of Case No. 1787, and had indicated that significant progress had been made in respect of violence. With regard to the recommendations made by the CFA, she indicated that her Government had submitted the relevant replies and the information requested.

The Government could not fail to recognize that the violence that had been affecting the country for more than four decades had had an impact on the trade union movement, which was why it had spared no efforts to strengthen the effectiveness of protection programmes covering the unionized as well as other vulnerable populations. The Government continued to work tirelessly to overcome the causes of violence, mainly drug trafficking and other activities connected to drug trafficking, and other forms of organized crime, by means of which the illegal armed groups financed themselves so as to commit terrorist acts.

In the past seven years, as a result of the Democratic Security Policy, the overall homicide rate among the Colombian population had been reduced by 44.1 per cent and the rate of homicides against trade unionists had fallen by 81 per cent. As of 3 June 2009, a total of 6,722 homicides had been committed in the country, 14 of which were of persons linked to the trade union movement. On this date in 2008, there had been 22 homicides of unionized persons; in 2002, there had been 116 assassinations of trade unionists.

According to trade union centres, there had been 17 violent deaths of trade unionists in 2009. It was appropriate to note that there were often discrepancies between the official statistics and those reported by workers' organizations. In the Government's view, working together to agree on methodologies to improve the measurement methods could only strengthen their abilities to diagnose and deal with a phenomenon to be eradicated. The speaker emphasized that the problem concerned human lives, and so deserved the Government's full attention and condemnation.

She proposed that, in the framework of the Tripartite Agreement and with ILO assistance and cooperation, workers, employers and the Government explore ways to make progress in reaching agreement on methodology.

With regard to the progress made in the investigation of cases of human rights violations against trade unionists, she indicated that since the conclusion of the Tripartite Agreement on Freedom of Association and Democracy, in the framework of the 95th Session of the International Labour Conference in June 2006, significant progress had been made, as was evidenced by the number of sentences imposed in the past three years.

The supplementary work by the Office of the Attorney-General, through the specialized sub-unit to address cases of violence against trade unionists and the Higher Council of the Judiciary, which established three permanent tribunals exclusively dedicated to investigating crimes against trade union members, had strengthened the actions of the Colombian State to combat impunity, making it possible to clarify facts and bring the perpetrators of these crimes to justice. Since 2002, significant progress had been made in investigating such cases. Up to now, 188 judgements had been delivered, 75 of which were related to crimes committed in 2008, and as a result, 291 persons had been convicted and 175 were in prison. With regard to homicides of unionists committed in 2009, three persons had already been arrested. The sentences given up to now for crimes committed in 2008, indicated that the deaths of unionized workers had been the result of the same factors as those resulting in deaths in the Colombian population as a whole, that is, general delinquency, theft or personal reasons.

The actions taken to combat impunity supplemented the measures adopted as part of the policy to protect and ensure workers' rights through the protection programme, by means of which security schemes were provided to populations that had felt threatened or vulnerable owing to the situation of violence the country had been experiencing. In 2009, a total of US$45 million had been budgeted in the national budget for the populations covered by this programme, including the unionized population.

With respect to labour standards, the Government followed the principles enshrined in the ILO Constitution in matters related to the adoption of the necessary measures to give full effect to ratified Conventions. In this respect, labour standards had to be applied both in law and in practice. To this end, Colombia had followed a sustained process of harmonization to bring its legislation into conformity with the spirit and letter of the international labour Conventions it had ratified, thus reaffirming its full commitment to fundamental principles and rights at work.

In 2008, for the sake of strengthening the struggle to end the violence that was affecting trade union organizations as well as the population as a whole, the Government had submitted a bill to Congress intended to increase the length of sentences and prescription for the murder of a trade union member. This bill increased the penalty for preventing or intervening in the exercise of the right to organize. The speaker indicated that the status of the approval process of the bill was well under way with only one debate left, that in the Senate Plenary, before its final submission for presidential approval and subsequent application.

Furthermore, in 2008, Act No. 1210 was enacted, which granted judges the power to declare illegal strike actions or collective work stoppages that failed to respect the law. By virtue of this legislation, such a declaration fell now within the competence of the Labour Chamber of the Higher Court, and no longer that of an administrative authority. Likewise, the Substantive Labour Code had been amended, under which formerly a compulsory arbitration tribunal could be convened under the competency of the Ministry of Social Protection, 60 days after the beginning of a strike. Currently a request to submit a complaint to an arbitration tribunal had to come from both parties, employers and workers alike; this had solved another of the legislative discrepancies contradicting international labour standards, in accordance with the recommendations made by the Committee of Experts.

The Ministry of Social Protection had competent mechanisms for inspection, supervision and monitoring that made it possible for workers to lodge complaints throughout the entire national territory whenever they felt their labour rights were being violated.

With the help of the United States Agency for International Development (USAID), a preventative inspection strategy was being formulated to strengthen the functioning of the organic structure of the Territorial Administration of the Ministry of Social Protection, including in essential sectors of the economy, and to review the activities of the labour inspectors. In this respect, since the issuing of Decree No. 1294 of 2009, 212 new posts had been created in the Inspection and Monitoring System, of which 135 were labour inspectors. Among these posts, 95 would be filled in 2009 and 40 in 2010.

With respect to associated work cooperatives, Act No. 1233 had been enacted in 2008, stipulating the structural elements of social security contributions and creating special contributions under the responsibility of the Associated Work Cooperatives and Pre-cooperatives. The same Act prohibited the payment of wages below the minimum wage and the use of the minimum wage as a bargaining point in labour negotiations. Furthermore, Decree No. 535 of 2009, had been issued, which provided for the procedures and bodies to develop the consultation processes in state entities, giving priority to dialogue as a means to address working conditions in the public sector and to regulate employer-worker relations in public entities. This Decree had opened a new chapter in the right to collective bargaining for public employees in Colombia. This Decree had already brought concrete and satisfactory results, as consultation processes had taken place in the District of Bogota, in the Ministry of Social Protection and the Ministry of Education, and an agreement had been concluded with the Colombian Federation of Educators (FECODE).

With respect to registering trade unions, in 2008 the Constitutional Court had ordered the Ministry of Social Protection to accept the submission of new trade union organizations as well as amendments to their statutes. These orders were being fully met.

The Government emphasized the importance of social dialogue as a fundamental tool for strengthening labour relations, and reiterated its will and commitment to encourage existing tripartite spaces, improving their procedures and establishing the bases for concluding agreements and achieving tangible results in the medium term.

In 2009, regular meetings had been held with the National Consultation Commission on Labour and Wages Policies, under the leadership of the Minister of Social Protection, with a view to analysing the impact of the global economic and financial crisis on employment in the country.

The speaker underscored the work done by the ILO representative in Colombia in implementing the Tripartite Agreement, which had facilitated the reactivation of the Special Commission for the Handling of Conflicts Referred to the ILO (CETCOIT). In the Government's opinion, this was a valuable opportunity that had to be strengthened to help resolve labour conflicts involving the social partners in Colombia, prior to submitting them to the relevant bodies of the ILO. Equally important were the actions taken in the framework of the Inter-institutional Commission for Human Rights, in which the investigative bodies, the Government and trade unions participated to analyse and follow-up cases of violence against leaders of trade unions and their affiliates.

The Government was firmly committed to the consolidation and strengthening of these opportunities for dialogue and was ready to dedicate all the additional efforts required to ensure the achievement of better results. To this end, some of the cooperation projects that were being carried out in the framework of the Tripartite Agreement were envisaging the realization of an assessment of the situation in these opportunities for dialogue, with a view to strengthening them and thereby facilitating the conclusion of agreements.

The technical cooperation programme was an essential element in the development of the Tripartite Agreement and therefore the support of the ILO had been essential, through its headquarters in Geneva, its Regional Office in Lima and its permanent representative in Colombia. Since the establishment of the ILO representation in Bogota, the social partners had made continuous efforts to move the programme's activities forward and adequately follow-up the projects by means of periodic tripartite meetings. These projects had been financed for the most part by the Colombian Government, some of the resources having come from the assistance programmes of the governments of Canada and the United States. For purposes of continuing to implement the cooperation programme, the Government had already budgeted resources for the current year and was negotiating additional resources for 2010.

The speaker reiterated that the Government was willing to dialogue, with an indelible spirit of openness and an unwavering commitment to continue making efforts to work every day for the improvement of living conditions for the entire population and to guarantee respect for the rights of all its citizens, including unionized workers. In this spirit, it appreciated the suggestions made in a constructive manner and which helped to keep reinforcing the institutions and policies intended to achieve these goals.

In conclusion, she indicated that the Government appreciated the Committee of Experts having recognized Colombia as a case of progress. This encouraged her Government to continue to move forward along the path drawn by the signing of the Tripartite Agreement and to continue to seek agreement, notwithstanding the conceptual differences that might occur between the social partners.

The Worker members thanked the representative of the Government of Colombia for the information provided. They recalled that in 2008 the Committee on the Application of Standards had concluded its consideration of this case by expressing its concern about the increasing acts of violence against trade unionists. The Committee had asked the Government to continue to strengthen existing measures of protection and ensure that investigations of the murders of trade unionists could be carried out quickly. In addition, an increase in the resources necessary to fight impunity had been required, including, in particular, the appointment of additional judges specialized in treating cases of violence committed against trade unionists. All these measures were seen as essential for the trade union movement to carry out its activities and develop in a climate free of violence. The Committee had also noted the Government's statement that dialogue was continuing on several topics, such as essential public services, cooperatives, and the strengthening of the inspectorate. It had expressed the hope that various legal provisions would be adopted, in accordance with the Convention, so as not to deprive workers of freedom of association and collective bargaining and to guarantee the right to establish organizations of their choice, including in the public sector, without prior authorization, and the right to become affiliated to these organizations. Finally, the Committee had considered that the strengthening of the ILO presence in Colombia was needed to facilitate the effective implementation of the Tripartite Agreement of 2006, and had requested a detailed report on all the issues mentioned above for the session of the Committee of Experts in November-December 2008.

The Worker members noted that in the last report of the Committee of Experts, Colombia appeared as a case of progress relating to the application of Convention No. 87. In 2008, the Government of Colombia stated in the Committee that "talking about a case in progress required an objective analysis to be carried out in order to look for mechanisms which would allow progress to be made on the subject that should interest and bring together everyone: the improvement of the labour conditions in Colombia. This exercise made it necessary to recall and face the past, look at and analyse the present and project into the future the efforts that should continue to be made ...". The Worker members could not but agree with this statement. One year after these promises and three years after the conclusion of the Tripartite Agreement and the high-level mission, it was time to take stock of the development of the situation that had lasted for more than 20 years. Yet, this year again, one had to speak of murders, impunity and associated work cooperatives, as well as of the activities of the ILO Office in Colombia, which started in 2007, but were currently stalled since the ILO representative was called back to ILO headquarters. At this stage, the Worker members indicated that they would focus on a number of points raised in the report of the Committee of Experts.

Regarding trade union rights and civil and political liberties, it was true that in 2007, as part of its programme to protect persons under threat, the Government allocated US$13 million, on a total budget of US$40 million, to protect members of the trade union movement, representing 20 per cent of the beneficiaries of this programme. According to the report of the Committee of Experts in 2008, the budget was estimated at US$45 million and in June 2008, 1,466 trade unionists had benefited, or 18 per cent of the beneficiaries. In addition, a system of theoretically mandatory reporting intended for the Administrative Department of Security was put in place relating to the risks faced by trade unionists and their protection and a virtual network had to be established to manage the risk alerts in real time. However, the report of the Committee of Experts noted also that the number of murders of union leaders and union members had increased. Colombia remained one of the most dangerous countries for those who claimed the free exercise of the right of association and this right was thwarted by both public authorities and by some employers. Forty-eight trade unionists were murdered in 2008, and there were already 17 murders of trade unionists reported between 1 January and 12 May 2009. The Worker members urged the Government and employers to do everything possible to stop all forms of persecution against trade unions and their members. Effective social dialogue with free and responsible trade unions was essential to lift the country out of economic crisis and a development factor for sustainable economic growth. This had been recognized by many speakers during the discussions that took place last week. The Worker members underlined that Colombia could not be an exception on this point.

As for the fight against impunity, the three national trade union centres recognized the efforts of the Attorney-General's Office to advance the investigation of cases of fundamental rights violations of trade unionists. However, although a sub-unit was created to prosecute and punish homicides against trade unionists since 1986, a slowdown in investigations had been observed. In addition, the motivation of certain judgements was ambiguous and created confusion between the real nature of the acts that were perpetrated, which were related to the exercise of freedom of association, and crimes of passion or common law. Criminal investigations in respect of acts against freedom to organize and freedom of association as referred to in section 200 of the Penal Code, showed that this law was poorly applied and did not produce the desired results. While some positive results had been recorded on the level of the judiciary and the Office of the Attorney-General, the Worker members regretted that the rate of impunity in cases of violations of the rights of trade union leaders and workers was still 96 per cent. According to the information available between 2008-09, the Attorney-General's office recorded no significant progress in ongoing criminal investigations. Of the 2,707 murders reported by the trade union organizations, only 1,119 had been subject of police investigation and 645 were the subject of legal proceedings. This meant that in half of the cases, no physical perpetrator had been identified, not to mention the persons behind the assassination.

The Committee of Experts noted the establishment of the Inter-Institutional Commission on the Human Rights of Workers, which met on 29 July 2008. The Worker members did not dispute that workers' representatives had participated in the work of this Commission, but regretted that the implementation of the planned actions took too long. One could not contend oneself with purely cosmetic answers, in the face of the real problems of trade unionism in Colombia. The answer lay in effective compliance with social dialogue in practice through its two basic components: freedom of association and the right to collective bargaining.

The report of the Committee of Experts did not raise many points regarding workers' cooperatives and other forms of outsourcing that undermined the right to decent work. In 2006, the Government passed a legislative decree banning the use of cooperatives as intermediate or agencies for temporary work, and today, new laws on social security and minimum wage were announced. When workers performed their tasks, as part of a relationship of subordination, which fell within the ordinary framework of enterprise activities, they should be treated as employees under a genuine employment relationship and thus had to be accorded the right to join a trade union. In reality however, constant violations of the provisions of Conventions Nos 87 and 98 de facto reinforced the activities of cooperatives.

The Worker members also denounced practices already reported in 2008 and that were ongoing, such as the collective pacts, or the voluntary benefit plans (planes de beneficio voluntario) by which employers provided certain benefits, such as a slight wage increase to workers who renounced the right to unionize or enjoy collective bargaining coverage. The Colombian Constitution and national legislation referred to the principle of dialogue and consultation to promote good relations between employers and workers, to resolve collective labour disputes, and to reach agreement on policies on wages and conditions of work. However, despite these legislative moorings, social dialogue was not effective and the proposed reforms were without consulting the unions. Accordingly, the Worker members urged the Government to prove its good will by implementing an effective social dialogue in both the public and the private sector.

Regarding legislative matters, the Committee of Experts noted in its latest report that it had been commenting on the application of Articles 2, 3 and 6 of Convention No. 87 for several years without any real result. It, however, noted with satisfaction the developments on a very limited point concerning Article 3, paragraph 2, of the Convention - that the law entrusts to the judicial authority exclusively, as part of a preferential procedure, the right to declare a strike illegal. The three trade union centres of Colombia welcomed with interest this legislative change and hoped that, in this area, the jurisprudence of the courts would follow that of the CFA.

As regards the remaining matters, the comments of the Committee of Experts confirmed issues already raised in the past that have remained unanswered to this day. According to the Worker members, legislative changes had certainly been made, but only with respect to an isolated point; furthermore they had yet to be proven as far as their practical application was concerned. They therefore questioned whether the inclusion of this case in the list of "cases of progress" was justified, in relation to other cases included in that list and the criteria set by the Committee of Experts in 2005. Indeed, one was still far from saying "the problem is solved" within the meaning of these criteria. In the specific context of Colombia, a legislative amendment cannot be assessed outside the context established by the killings, human rights abuses and persistent impunity. This case was not self-evidently a case of progress; positive developments had occurred, but the Worker members remained very concerned.

The Employer members commended the Government for choosing to be the first to appear before the Committee this year and for the statement delivered by the Deputy Minister of Social Protection. They noted the information provided on the decline of the overall number of murders and especially the murders of trade unionists. One murder was a murder too much, and although there had been substantial improvements, people from all walks of life continued to face risks. The Government had provided information on the increase of prosecutions, and the adoption of laws, and judicial decisions concerning cooperatives, the registration of trade unions and the resolution of disputes where there was a collective bargaining impasse. These changes appeared recent and the Committee of Experts, in its fact-finding role, would have to give an appreciation of these legal developments which appeared very positive. The Government had also given positive indications on social dialogue.

This case was the only one on the list of cases where the Committee of Experts had expressed its satisfaction on any aspect of the case. Progress was defined in the Merriam-Webster Dictionary as a forward or onward movement (as to an objective or to a goal) or as a gradual betterment, especially the progressive development of humankind. Similarly, the Cambridge Dictionary defined progress to mean advancement to an improved or more developed state, or to a forward position. Although there was still much to do to bring Colombia into full compliance with the Convention, the Government had taken steady, meaningful positive steps over the past decade.

Over the years, the Employer members had taken a principled approach to addressing this case. Until 2005, this case had been discussed for 25 straight years without interruption in the context of the longest running civil war. During those 25 years, limited progress had been made. In February 2000, a direct contacts mission had been sent to Colombia followed by the Governing Body appointing a Special Representative of the Director-General in 2001 and authorizing a technical cooperation programme in 2003. In 2005, an historic Tripartite Agreement had been reached at the ILO Conference and this Committee had given the Colombia tripartite delegation a standing ovation. At the 2005 session of the International Labour Conference, Colombia had agreed to accept a High-level tripartite visit of the Chairperson of the CFA and the Employer and Worker Vice-Chairpersons of this Committee. They had been allowed full access and transparency during this visit including a meeting with the President. On 1 June 2006, a Tripartite Agreement on Freedom of Association and Democracy had been signed in Geneva with the purpose of strengthening protection of fundamental rights - in particular, protection for trade union leaders, trade union freedoms, freedom of association and promotion of decent work. To facilitate the implementation of this agreement, the Office had established a permanent office in Bogota. During the 2007 session of the International Labour Conference, a high-level mission had been established to identify the additional needs in order to guarantee the effective implementation of the Agreement and the technical cooperation programme in Colombia. The high-level mission had visited Bogota in November 2007 and made a very positive report to which there had been no opposition in the Governing Body.

The main issues raised by the Committee of Experts in this case concerned the situation of violence and impunity as well as certain legal and legislative matters against the background of several decades of continuous civil war. Since 2001, the level of violence against trade unionists had declined substantially along with the overall rate of homicides. It was important to note that the targets were not only trade unionists but also teachers, judges and other prominent personalities in society. Last year, this Committee had been concerned about the increase in trade union violence in 2008. The Committee of Experts noted in its latest report that the protection budget had increased by US$43 million, with 30 per cent of it going exclusively to trade union member protection. The CFA in its 353rd Report in Case No. 1787, had said that "With regard to acts of violence in particular, the Committee observes that considerable progress has been made in combating violence." The Committee of Experts this year and last year noted that the Colombian central unions acknowledged the increased efforts of the Attorney-General to secure prosecutions and convictions. From just one verdict in 2000, there had been 76 in 2008. In line with the Committee of Experts' comments, the Government should continue these efforts as a matter of urgency through the systematic work of prosecutors and judges. The Employer members expressed the hope that these measures would lead to improvements in tackling the situation of impunity.

With regard to the legislative matters raised by the Committee of Experts, one important issue was the inappropriate use of cooperatives, an issue that had been focused upon by the high-level tripartite visit to Colombia in 2005. As the Committee of Experts pointed out, employees in such circumstances should be treated as regular employees with the same terms and conditions of employment and eligibility to join a trade union. The Employer members took note of the proposed 2007 Decree intended to level the playing field on this issue as mentioned by the Government, and asked that it be enacted expeditiously.

With regard to the comments made by the Committee of Experts concerning obstacles to the registration of trade unions and their activities, it was understandable that in the current climate of unrest, the Government might wish to ensure that trade union functions did not go beyond normal trade union activities; however, Article 2 of the Convention clearly required that workers' and employers' organizations should be able to establish themselves without previous authorization. The Government had recognized this today and changes had been made.

Moreover, keeping in mind that the Convention provided no express right to strike, the Employer members took note of the legislation mentioned today by the Government representative, which would allow the parties to establish their own dispute settlement process in lieu of the current compulsory arbitration process. Furthermore, substantial resources should be allocated to the judiciary and labour tribunals as well as to the strengthening of labour inspection services. Finally, active steps should be taken to resolve the other issues raised by the Committee of Experts.

In conclusion, the Employer members expressed the hope that the Government would continue to take steps to improve the situation as it had done in the past.

The Government member of the Czech Republic speaking on behalf of the member states of the European Union as well as Norway and Switzerland, stated that violence against trade unionists in Colombia remained a significant concern. In spite of the continued efforts of the Government of Colombia, 17 trade unionists had been murdered since the beginning of this year. Since violence could not be overcome without fighting impunity, the Government should be encouraged again to intensify the investigative activities relating to acts of human rights violations of trade union members. In that respect, the speaker welcomed the increase in size of the special sub-unit for cases of trade unionists within the Office of the Attorney General as mentioned in the report of the Committee of Experts. Although the number of cases of violence against trade union members under investigation compared favourably to the investigation of cases of other victims of violence, the Government should be urged to further increase the efforts being made to fight impunity effectively.

Although the efforts of the Government to improve the situation should be acknowledged, violence still prevented the workers' and employers' organizations from exercising their activities in full freedom. Therefore, the speaker once again expressed support for the protection programme for trade unionists and encouraged the Government to ensure that all trade unionists who were at risk enjoyed adequate protective measures which commanded their trust.

While noting with interest the recent improvements in the legislation, namely the amendment of provisions regarding the body responsible for issuing decisions on the legality of a strike adopted last August, the speaker urged the Government, like the Committee of Experts, to take without delay all necessary steps to amend other legislative provisions commented in the report of the Committee of Experts in order to bring them into line with the provisions of the Convention. In this light, the importance of enhanced cooperation between the Government and the social partners should be stressed. Close cooperation with the ILO and its representative office in Bogota were crucial.

The speaker therefore reiterated the request to the Director-General to provide an assessment of the role of the ILO's presence in Bogota in support of promoting labour relations in Colombia. Finally, the speaker expressed his full support for the work of the ILO and its permanent representation in Bogota in helping to ensure respect for ILO fundamental Conventions Nos 87 and 98 and promote labour relations, the role of trade unions, social dialogue and the technical cooperation programme in Colombia in line with the Tripartite Agreement.

A Worker member of Colombia said that, over the last 20 years, the Committee of Experts had made 19 observations on the application of Convention No. 87 in Colombia and that the case had come before the Conference Committee on 15 occasions. This meant two things: the Government continued to violate Convention No. 87 and the situation had not changed, despite the efforts of the ILO. In all cases, the Government had made commitments and promises but had not delivered. The same had occurred with the 137 cases presented to the CFA. In practically all of them, the Government had not complied with the recommendations made.

The matter at hand was a case of serious violations that compromised the reliability of the State in terms of what it had promised: to bring legislation and practice into line with international labour agreements.

The Government, in its statement, had referred to certain measures taken with regard to investigating crimes against trade unionists, regulating strikes, associated work cooperatives and consultations with public employees. None of these measures followed the recommendations made by the ILO, nor did they respond to the serious situation of exclusion, stigmatization and violence against trade unions. They simply gave the appearance of compliance.

The speaker underlined that this systematic avoidance of international commitments had resulted in the following situation: In Colombia there were almost 18 million workers, of whom barely 4 per cent were union members. Only 1.2 per cent had negotiated their working conditions in the previous year and it had only just proved possible to hold strikes on two occasions. From 2002 to 2008, the trade union movement had lost more than 120,000 members. The Ministry of Social Protection had refused to register 253 new trade unions. There had been a drop of 20 per cent in collective agreements and 40 per cent in collective bargaining coverage.

The number of associated work cooperatives had increased five-fold, despite the many observations of the Committee of Experts and the Conference Committee, leaving more than 500,000 workers without the rights to associate, bargain or strike and in precarious labour conditions. Community mothers were also not recognized as workers.

Trade unionism was portrayed as the enemy of the State and enterprise. The Government continued to make hostile statements linking trade unions to armed groups. It had recently been discovered that the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC), magistrates from the higher courts, some of whom were participating in the Conference, and other persons and organizations had had their communications illegally intercepted during the last five years by the President's intelligence organization (DAS). It had been proven that this same organization had given paramilitaries a list of 22 trade unionists to be assassinated, for which its ex-director, Jorge Noguera, was being tried on four counts of murder. Paramilitary groups had been mainly responsible for the murders, or in some cases guerrillas. In addition, between 1986 and 2008, 41 cases of extrajudicial killings of trade unionists, presumed to have been carried out by the authorities, had been reported, of which 21 had occurred under the present Government.

In the last 23 years, more than 10,000 acts of violence against trade unionists had been committed, including 2,709 murders, 498 under the present Government. Between 2003 and 2007, there had been a 60 per cent drop in murders, but 2008 had seen an increase of 72 per cent in acts of violence and 25 per cent in murders, from 39 in 2007 to 49 in 2008. So far in 2009, 18 trade unionists had been assassinated. The climate of insecurity surrounding trade unionism was such that more than 1,500 officials were under protection. All these figures contradicted the Government's argument that anti-union violence was a problem that had been overcome and was under control.

The speaker added that, despite the creation of a special unit of magistrates and judges, efforts to investigate and prosecute such crimes were poor. Of the 2,709 murders that had taken place since 1986, the Attorney-General's Office was investigating only 40 per cent. Guilty verdicts had been handed down in 118 murder cases. The impunity rate was 95 per cent, while other crimes against trade unionists showed an impunity rate of 99 per cent. The rulings handed down did not allow the truth to come out. The trade union movement had vehemently insisted that all cases be investigated, that there be changes in the investigation methods used, and that victims' rights to truth, justice and compensation be guaranteed by statute. At the current rate of passing sentences, it would take 37 years for justice to overcome impunity, always supposing that no more murders occurred and that the special investigation and prosecution unit remained in place.

This situation could be overcome if social dialogue were of any use. Even with a Permanent Commission for Social Partnership, however, it was impossible to see any results, because of lack of political will on the part of the Government. It had not been possible to agree on an agenda for applying Convention No. 87. Furthermore, the Government had not put the Acts on strikes and regulation of cooperatives or the decree on social partnership with public workers through a process of social dialogue.

Lastly, the speaker requested the Committee to adopt a special paragraph, which, on that occasion, as well as detailing serious non-compliance with regard to Convention No. 87, would urge the Government to agree and adopt with the social partners immediately or within no more than one year, the following policies and measures:

- recognizing the legitimacy and role of trade unionism in a democratic society;

- preventing acts of anti-union violence and fully investigating such crimes;

- compensating trade unions and unionist victims so as to restore trade union freedoms;

- fully reforming the Substantive Labour Code, in accordance with international labour Conventions, ILO recommendations and the Constitution;

- taking action to comply with the recommendations of the CFA;

- establishing a Ministry of Labour and strengthening the labour inspection services;

- setting up a national plan for the promotion of decent work;

- evaluating and strengthening the ILO's permanent representation in Colombia.

The Government member of the United States indicated that the application of the Convention by Colombia had been an issue of long-standing, and at times grave concern in this Committee and the other supervisory bodies of the ILO. Since the signature of the Tripartite Agreement on Freedom of Association and Democracy by the Government and its social partners in the presence of this Committee in 2006, and thanks in large part to the assistance of the ILO, important initial steps forward had been taken. As the CFA had noted in March 2009, the Government had made progress in combating violence against trade union members and officials. In particular, the Government's efforts to protect at-risk individuals, and to investigate, prosecute and convict perpetrators of violence should be noted. In addition, there had been recent progress in resolving a number of legislative issues raised by the Committee of Experts, some of which had been commented upon for many years.

The Government's cooperation with the ILO should be appreciated. The United States had contributed significantly to promoting freedom of association in Colombia, and the US President had pledged that the United States would continue to support Colombia's efforts to improve its security and prosperity.

Clearly, however, the situation of Colombian trade union officials and members, and the trade union movement in general, continued to be extremely serious. Violence - and fear of violence - should be eradicated so that workers' and employers' organizations could exercise their activities in full freedom, in line with the requirements of the Convention.

The speaker recognized that the Government of Colombia was aware of the enormous challenges that remained. She trusted that, with the continued assistance of the ILO and through open and active dialogue with its social partners, the Colombian Government would make the necessary efforts to implement fully its commitments under the Tripartite Agreement on Freedom of Association and Democracy and its obligations under the Convention.

The Employer member of Colombia indicated that on the basis of the written document that he had prepared to address the Committee it would be difficult to reply to the new elements that had been raised by the Workers and that he preferred to improvise his intervention in reply to them.

It was the first time in 15 years' participation in the Committee that he had heard the spokesperson for the Worker members raise a series of questions concerning a case of progress reported by the Committee of Experts, and curiously this had been done when the action taken on Convention No. 87 by Colombia had been noted with satisfaction.

He quoted from paragraph 52 of the General Report of the Committee of Experts in which it was indicated that since 1964 the Committee had been expressing satisfaction in cases in which measures had been taken through either the adoption of an amendment to the legislation, or a change in national policy or practice. He recalled in this respect that Colombia had indeed introduced changes in all these areas, as indicated in the written document submitted for detailed analysis by the Office.

The Office had examined the situation in Colombia on numerous occasions through direct contact missions, high-level missions and representatives of the Director-General, on all of which reports had been submitted to the Governing Body Committee on Technical Cooperation. For the past two years, the reports had described the positive progress achieved since the conclusion of the Tripartite Agreement in 2006.

He recognized that there had existed in Colombia a problem of violence for over 50 years, which employers were making efforts to overcome. The employers wanted the country to project itself to the outside world and its products and services to gain international recognition, for which reason they were promoting the agenda of the Global Compact. The National Association of Colombian Employers (ANDI) had promoted the establishment of a Latin American Regional Centre to support the Global Compact, which was already in operation in Colombia.

He emphasized that employers were not behind the deaths of trade unionists and that trade unions were respected. Respect for trade union rights was clearly set out in the Tripartite Agreement of 2006, which was being implemented. He emphasized that it was necessary to identify the reasons for the violence against trade unionists. For a year and a half, eight North American and European governments had been wanting to develop a programme with various Colombian investigators to examine the reasons for this violence and from the outset the employers had indicated their acceptance of the study, although it had been opposed by sectors of the workers.

A change in attitude was required to prevent the case of Colombia being examined every year as if there were no improvement. He therefore called for a change of attitude by the Workers so that positive proposals could be developed. The same applied to the Office so that the appropriate progress could be noted.

He indicated that there had been significant recent changes in case law in favour of workers' rights. The Constitutional Court had ruled that there could be no restriction by the Government on trade union registration, as its role was confined to the certification of trade union registration. Legal verification could only be carried out by the courts. In relation to the right to strike, a law had recently established that recognition of the legality or illegality of strikes was the responsibility of the courts, not the Government. There was a legal void concerning the suspension of cases that were before the courts. The previous year there had been a stoppage in the judicial authorities for 40 days and it had not yet been possible to determine whether it had been lawful because the courts had ruled that they were not competent to make such a determination. In other sectors there had been delays over the past year in confirming whether work stoppages were in conformity with the law. The cases in question concerned sugar cane cutters who had impeded the access of unionized workers to the premises of the enterprises and continual strikes in coal transport. In terms of strikes, the country was close to anarchy, which the employers were tolerating to show the world their attitude of respect for trade union rights. However, they called on the workers not to abuse their right to withdraw their labour.

Finally, he indicated that the conclusions should call for all the parties to change their attitudes so as to achieve constructive social dialogue; for the programme of investigation and prosecution of crimes against trade unionists to be pursued; for additional resources to be allocated to the programme and for the protection of trade unionists; and for technical cooperation activities for trade unionists to continue. Moreover, there should be no abuse of legal mechanisms in relation to matters that lay beyond the scope of Conventions Nos 87 and 98. He emphasized the importance of the conclusions acknowledging the progress achieved in Colombia.

With respect to strikes, he underscored that the judiciary determined when they could be called off; the Government could not do so. He added that there was a legal vacuum with regard to the cessation of activity. There had been two work stoppages that lacked a ruling on their legality: the case of sugar cane cutters in Valle del Cauca, and the case of the transportation of coal. The country was close to anarchy, and therefore needed to change in this regard. It required, in effect, that all parties were involved in the change.

Lastly, the speaker requested that the conclusions called for the following: encouraging the social partners, deepening recourse to judicial measures, gathering additional resources for union activities, and calling on the social partners not to abuse legal procedures for matters that went beyond Conventions Nos 87 and 98. He insisted on the importance of recognizing the progress made.

Another Worker member of Colombia thanked the ILO for its continued interest in seeking solutions to the conflict the Colombian trade union movement had been experiencing for more than 30 years, which was a labour as well as a humanitarian conflict. The right to life had to remain the main objective; the situation of the teachers affiliated to the FECODE and the prison guards of the ASEINPEC and other trade unions were too serious to ignore.

The speaker recognized that some progress had been made in the last year on important issues such as the determination of the legality of a strike, which now was under the competence of the judges and not the Government, the use of oral proceedings in court, and the Constitutional Court ruling prohibiting the Government from interfering in the registration of new trade union organizations, the entering of reforms in the statutes or in elections of the administrative boards. In this context, he emphasized the tremendous work done by the Constitutional Court, which had played a determining role in the recognition and application of international conventions at the national level.

Nevertheless, the speaker regretted to say that in matters of freedom of association the situation of the working class was not ideal, owing to the anti-union climate that had been deteriorating over the years. With regard to the right to organize, certain practices that violated Convention No. 87 had continued, which was why most of the time trade unions had to be established clandestinely, since certain employers, when suspecting that a union was being formed, proceeded to dismiss the persons organizing them. This was exacerbated by contractual agreements with tertiary parties which made the situation of workers precarious and prevented them from exercising their right to freedom of association.

The right to collective bargaining was increasingly being affected by the low rate of unionization and by anti-union practices to impose collective contracts in enterprises, such as benefit plans, which were the antithesis of the right to negotiation and led to a situation of chaos in practice. One such example was the case of the founding of a trade union in the multinational TELMEX, where the enterprise, with over 3,000 workers, at noting that a trade union was being formed, proceeded to impose a collective contract so as to preclude a process of negotiation involving all the workers.

The speaker also indicated that Act No. 411 of 1997, by which ILO Convention No. 151 was ratified, and which granted the right to collective bargaining for public servants, continued to lack the needed regulations, without which these workers were still not able to fully exercise this right.

The speaker recalled that the Tripartite Agreement on Freedom of Association and Democracy had been adopted in the ILO on 1 June 2006, with the conviction that it would be possible to find a solution to the situation of labour conflicts in the country. Three years later, one could note that the speed with which this Agreement was being implemented was far too slow, which did not totally disqualify it. Nevertheless, it would be gratifying if the Government and the employers would indicate in all honesty whether they truly intended to implement it as required, or whether they would admit before the international community that it had only been a strategy to avoid appearing in the list, but did not represent a genuine intention to initiate a process of change. The speaker indicated that the repetitive nature of these discussions was a nuisance for the Colombian trade union movement, as was the adoption of all kinds of measures from this Committee, without succeeding in finding any definitive solution to the conflicts affecting the country. He also reiterated that Colombia was hoping that the trade union movement would be recognized once and for all in accordance with the constitutional mandate and international labour standards.

Finally, he emphasized that democracy was not complete without trade unions that were sufficiently representative and he urged the employers and the Government, in conjunction with the confederations, to take on the challenge to strengthen, develop, implement and enforce with political will the Tripartite Agreement of 2006, so that the country would as soon as possible become an example of full application of the Political Constitution of Colombia, the ILO Conventions and Recommendations, as well as the commitments taken before the international community.

In conclusion, he stated that the presence of an ILO Office in Colombia, as well as of a representative of the Director-General, in addition to the technical cooperation programme, would be essential for the tasks proposed to succeed.

The Government member of Peru welcomed the information provided by the Government representative of Colombia, which would prove essential to understanding the situation in the country. He noted that the information communicated by the Government emphasized progress made towards ensuring full compliance with freedom of association. Such significant progress could be seen in the fall in the murder rate of trade union members, in the increase in the number of convictions related to cases of violence, and in the increase in efforts to harmonize regulations with international conventions. The path that the Government of Colombia had taken showed its political willingness to guarantee freedom of association. In concluding, he expressed the full support of his Government.

Another Worker member of Colombia stated that the Government persisted in not implementing the decisions of the supervisory bodies, the Committee of Experts and the CFA, which represented a systematic violation of ratified ILO Conventions and Convention No. 87.

As regards unionization, he referred to the existing practice of stigmatizing union activity. He noted that the legislation faced obstacles caused by the forms of labour contracts: civil and commercial contracts and the Associated Work Cooperatives (CTA) fraudulently concealed actual labour contracts, through which employers and governmental entities evaded their social responsibility to pay social security contributions. What made it even worse was that this changed the concept of wage for that of "compensation", allowing them to deny other employee benefits and thereby reducing the income of these workers. This precarious employment increased informal employment, which was recorded at 58 per cent of the economically active population of 20 million and increased poverty above 50 per cent of the population of 44 million inhabitants.

Act No. 1233/2008 sought to regulate the employment relationship; however, this objective had not been attained. On the contrary, the law had contributed to strengthening the CTA in the system of labour exploitation, which was growing in industry, agribusiness, services and government entities. This form of labour contract prevented unionization and the exercise of collective bargaining.

It was important that the Committee ensured the follow-up of the decision taken at its 2006 session, which endorsed the Tripartite Agreement on Freedom of Association and Democracy signed by employers, the Government and workers, and envisaged the appointment of an ILO representation in Colombia. The Committee supported the structure of social dialogue towards building a culture of equitable agreement.

The speaker stated that after three years there were no decisions of the Government to promote the implementation of the various dimensions of the Agreement; freedom of association, collective bargaining, anti-union violence and impunity.

He regretted that despite the interest of the ILO Director-General or the ILO representative, the ILO representation had not been successful in its efforts and objectives in the Special Commission for the Handling of Conflicts Referred to the ILO as contemplated by the recommendations of the CFA, due to the denial of the district and regional authorities and national entities.

He observed that the Tripartite Agreement on Freedom of Association and Democracy, should be a body that promoted results and that the ILO should reaffirm the importance of social dialogue and tripartism.

He asked the Committee to promote:

- the continuity of the ILO representation in Colombia;

- the immediate review of the Tripartite Agreement on Freedom of Association and Democracy by employers, Government and workers, with the assistance and cooperation of the ILO;

- the ongoing monitoring of developments regarding the Agreement through reports and evaluation at each session of the Governing Body.

Finally, he underlined that the effectiveness of social dialogue and consultation depended on the commitment and willingness to obtain equitable results. Therefore, he pointed out that it was unacceptable that the Government considered that it complied with its obligations in the framework of the ILO, in view of the fact that the meetings produced no result and were held in the absence of authorities legally bound to participate.

The Employer member of Argentina, in his capacity as Vice-President of the International Organization of Employers (IOE) and Chairperson of the Employers' group of the Governing Body, said that the Committee of Experts, by noting with satisfaction in its report, had recognized the progress made in Colombia. He emphasized that it was the only case of progress on the list of cases to be examined and that, since the Tripartite Agreement on Freedom of Association and Democracy had been signed during the Conference in 2006, the case had not been analysed by the Committee.

He noted that as a result of the Agreement, progress had been made in the battle against impunity and violence towards trade union members. The progress included the creation of a special investigative unit within the Office of the Attorney-General for acts committed against trade union members; the appointment of judges specializing in cases of crime against union members; the allocation of financial resources for those judges to function permanently; the pronouncement of 190 convictions, the majority in the previous two years; 292 arrests made regarding the crimes in question; the increase in the number of protection schemes for union members and the decrease in acts of violence against them.

He stated that there had been a full development, with the assistance and coordination of the ILO representative, of the technical cooperation programme offered by the ILO with resources pledged by the Government of Colombia, with regard to social dialogue, young people, women and the strengthening of local communities. Rulings had been passed in the higher courts that gave constitutional protection to union members with regard to registering trade unions, with decisions to be taken by judges on strikes of high political significance, etc. He also stressed that new laws had been prepared to prevent abuse in labour subcontracting, through the granting of unpaid leave upon the death of a relative and through determining the illegality of strikes.

He stressed that he had come to express satisfaction and to testify to the effectiveness of the decision which led to the tripartite technical cooperation programme and its results, which is not only a case of progress, but also a case of special satisfaction for the ILO. At a time when the complex global crisis and its impacts were weighing down on countries, Colombia had continued in its efforts to overcome the problems which were well known and which had often been debated in the Committee. The problems had not disappeared and would require more action; the employers would continue to support the technical assistance programmes. When the supervisory mechanisms could not only express concern but also note positive progress, the country gained in both external and internal prestige. Finally, he urged that the Committee's conclusions reflected the satisfaction produced by the progress made and hoped that progress would continue to be made in the future.

The Government member of Spain, after noting that the Spanish delegation aligned itself with the statement made on behalf of the European Union, stated that his country had followed the political and social situation in Colombia with great interest. Spanish trade unions maintained close collaboration with their Colombian counterparts. Spanish cooperation with Colombia was both preferential and a priority; programmes had been established in Spain to receive Colombian human rights defenders, including many trade union leaders.

The difficulties that faced the Government of Colombia in normalizing political life, including industrial relations, were well-known. The policy of democratic security, established at the beginning of the current Government's term of office, had succeeded in reducing incidences of violence in all areas, including those related to the world of work. The figures were much improved from previous decades, although there was no doubt that all incidences of violence needed to be eradicated.

As many other speakers had done, he welcomed the sub-unit of the Attorney-General's Office responsible for investigating violations of trade union members' human rights. A reduction in the rate of impunity had been achieved, thanks to the work of the prosecutors.

There had also been some progress with regard to amendments to legislation on trade unions. It was again a work in progress, but it was important that those advances had been made regarding labour legislation and further advances should follow. Consequently, it could not be said that the Government had done nothing in that regard.

He concluded by appealing for social dialogue. The social partners in Colombia should continue down the path of tripartite agreements, such as those signed recently between the Government and the teachers' unions, as happened with the agreements signed in 2006. As had happened in Spain, agreements between the Government, employers and workers would allow industrial relations to change. Whatever agreement was reached in Colombia, even if initially only small, valuable results could be achieved beyond the actual agreement. For that reason, the social and industrial partners in Colombia were called upon to continue on the path of social dialogue and negotiation, which was, by definition, the path of reconciliation.

The Worker member of Spain said that the case of Colombia was a paradigm of the systematic violation of fundamental human rights. The deaths, disappearances, threats and other acts of extreme violence could all be expressed objectively in figures; what was more difficult to quantify was the great damage to the social fabric that had been caused by such anti-union violence. The resulting atmosphere of fear had adverse consequences on trade union activity.

One of the most subtle forms of intimidation was the deterioration of the labour relationship through the promotion of associated work cooperatives and other forms of subcontracting, such as service contracts and civil or commercial contracts that concealed indisputable labour relations. This meant additional difficulties for practising freedom of association and other fundamental social rights.

The Committee of Experts had, over many years, dedicated special attention to Colombia regarding its promotion and abusive use of several forms of contracting in order to avoid labour legislation and prevent the right to organize and collective bargaining. Judging by what had been expressed by the Committee, it did not seem that the labour authorities had been sufficiently vigilant in ensuring that the cooperatives were not used to conceal the labour relationship, which the ILO Promotion of Cooperatives Recommendation, 2002 (No. 193) specifically defended. The unknown number of cooperatives - some operated, to a certain degree, outside the law - made it difficult for the Ministry of Social Protection to carry out the monitoring needed in order to prevent labour intermediation.

During recent years, several examples had been given on how some enterprises dismissed workers in order to then create an associated work cooperative with those workers under similar terms of dependence. But, above all, attention should be drawn to the fact that the Government, even after having approved Law No. 1233 on associated work cooperatives the previous year, had continued to ignore the numerous criteria of the CFA with regard to Article 2 of Convention No. 87, in which the notion of a worker included both the dependent as well as independent, and concluded that workers associated with cooperatives should have the right to establish unions as well as to associate themselves with those unions. Without the right to organize, it would be difficult, if not impossible, for workers to benefit from rights such as social protection, occupational safety and health, a decent salary and appropriate working hours.

In addition to transferring costs from enterprises to workers, by taking on 100 per cent of the costs relating to social security, they were denied fundamental rights, which turned their labour relationship into an updated form of slavery. The worldwide trade union movement valued the fight by the Columbian trade union movement to condemn, at a global level, that form of semi-slavery.

The ILO Director-General, in his report to the current Conference, had reiterated that respect for fundamental labour standards was a sine qua non, in achieving both social justice as well as balanced economic development. The main consequences of that form of capitalism without regulations, which had led to the current crisis, had been the spread of labour insecurity and the unacceptable increase in social inequalities, which was why the centrality of labour, as well as its quality, should be defended in political and economic decisions, with the aim that decent work would be the source of rights and economic progress. To conclude, he proposed that a special paragraph be adopted urging the Government of Colombia to bring its legislation into conformity with the Convention.

The Government member of Canada acknowledged the difficult situation concerning labour rights in Colombia. He was encouraged, however, by the political will demonstrated by the Government to address violence against trade unionists and protect workers' rights, as reflected in such measures taken as the establishment of a sub-unit of the Attorney-General's human rights unit to pursue anti-union crimes, and the development of new legislation to strengthen labour protection provisions. The Government had also been working closely with the ILO representation office in Bogota to implement the Tripartite Agreement, which includes a labour-related technical assistance to which the Government had committed over US$4 million.

He stated, however, that serious challenges remained as far as ensuring the safety of trade unionists was concerned, and encouraged the Government to increase its efforts to eliminate anti-union violence, bring prosecutions of anti-union crimes to a conclusion, and improve the enabling conditions for effective social dialogue. He expressed his Government's support for the strengthening and enforcing of labour legislation for workers' benefit, including through the provision of technical assistance in the areas of enforcement of labour rights, social dialogue, occupational safety and health, and modernization of labour inspection systems.

The Employer member of Spain stated that, although it was agreed that violence, murders of trade unionists and problems with the effective application of the principle of legal protection of constitutional rights persisted, it was not true that no efforts had been made. Progress had been seen in the fall in the number of people who had been attacked or murdered, in the increase in the number of people convicted of acts of violence against trade unionists, in the increase in budgetary allocation for protection of trade unionists, etc. In addition, the Government's willingness to collaborate with the ILO, as demonstrated by the numerous missions that had been undertaken to the country, should be highlighted.

One of the benefits of such discussions was their capacity to incentivize and stimulate governments by recognizing progress achieved, without denying or detracting from the gravity of the problem, which was particularly worrying in this case.

The Government member of Senegal recalled that at the historic signing of the Tripartite Agreement three years ago, the situation in the country was marked by murders of union leaders and attacks on workers' rights. Unfortunately deep antagonisms still persisted, and one could only be sceptical of the Government's willingness to turn the dark pages of its social history. The Committee had witnessed the conclusion of the Tripartite Agreement, which concerned the right of association and democracy to strengthen the defence of the human rights of workers, their organizations and their leaders; freedom of association; freedom of expression; collective bargaining; free enterprise for employers; and the promotion of decent work. The conclusion of this agreement should contribute to an improvement in the disastrous situation the country found itself in as regards anti-union violence; however, the persistence of violence and impunity, as well as the Government's inability to ensure the effective implementation of this agreement, remained matters of concern. He encouraged the Government to join forces to support the Tripartite Agreement, and intensify its efforts in the fight against those responsible for the murder of trade unionists, instead of hewing to an apparent passivity. The sooner the Government did so, the more significant the ILO's support would become, and the greater the opportunities for a better future for union leaders in the country. Conversely, the future remained bleak as long as the Tripartite Agreement was not fully implemented. The technical cooperation programme offered a glimmer of hope, and it was true that the Attorney-General was active, but the problem of the characterization of the facts in criminal proceedings remained unresolved. The Government was bound by Convention No. 87 and the Tripartite Agreement, and should therefore keep its commitments.

The Government member of Brazil stated that, as one from a neighbouring country, she recognized the great challenges facing the Government of Colombia in the area of labour and, at the same time, recognized the numerous efforts made by successive Colombian Governments to overcome these challenges. Given that one of the functions of the Committee was to promote the greatest possible number of ratifications of ILO Conventions, she had to congratulate the Government of Colombia for having exceeded the regional average for Conventions ratified: 60 Conventions, including Conventions on fundamental rights. The speaker recalled that Brazil and Colombia were both founding Members of the ILO and stated that, in the 90 years the Organization had existed, progress had been made. She expressed the desire for the complexities of individual countries and the seriousness and transparency with which each of them addressed their challenges to be taken into account in the work of the Committee.

The Employer member of Brazil said that the case of Colombia remained significant for the length of time it had persisted and its complexity, as well as for the actions of the ILO. The ILO had sponsored the Tripartite Agreement of 2006, which was of historic importance, and had also decided to establish a special office in Bogota; the Committee was therefore discussing not only the actions taken by the Government, but those of the ILO as well.

The Committee of Experts, the Employers' group and the Workers' group recognized two facts: that the problems to be solved were many and serious, not only with respect to trade unions; and that much progress had been made since the signing of the Tripartite Agreement. He expressed satisfaction at the progress achieved, although he recognized that much remained to be done. He underlined that, since the case displayed progress, that fact should be highlighted in the conclusions. Stating that the region sometimes witnessed disillusionment with United Nations bodies and other multilateral organizations, he underlined the importance of the Committee's conclusions showing that in this case there had been no retrograde steps, but rather advances and progress.

The Government member of Mexico said that the report of the Committee of Experts showed that the situation in Colombia continued to be difficult, although it had also indicated some progress in the efforts made by the Government. For example, although the Committee noted with deep concern the rise in the number of trade union leaders and members who had been murdered, it also recognized all the measures taken by the Government, in particular the increase in funds allocated for the protection of union leaders and members.

Furthermore, although the Committee of Experts expressed regret at the fact that the number of convictions for violations of trade unionists' human rights continued to fall, it also noted all the measures taken by the Government, in particular efforts made to pursue investigations of violations of the human rights of trade unionists. The Committee had underlined that these efforts had been recognized by international organizations.

The Committee of Experts noted with satisfaction that Act No. 1210 amended section 451 of the Substantive Labour Code, such that the legality or illegality of a collective work suspension or stoppage would be declared by the judicial authorities in a priority procedure. The speaker considered that such efforts should be recognized, while at the same time urging the Government of Colombia to continue working to guarantee full compliance with Convention No. 87.

The Worker member of Norway, speaking on behalf of the Nordic trade union organizations, recalled that the Committee had repeatedly noted that freedom of association could only be exercised in a climate free from fear. In Colombia, fear was consistently used in concerted attempts to destroy the trade union movement, there was no trade union liberty and the state of impunity was truly shocking.

She questioned the considerable progress the Government claimed to have made in bringing the guilty to justice, as long as the number of killings remained high and was even again increasing. Of the 2,709 killings, only 1,119 cases were being investigated and half of those were in the preliminary stage. Less than four per cent of the guilty had been punished. In the case of death threats and kidnappings, the rates of impunity were 99.9 per cent and 93.7 per cent, respectively. There was 100 per cent impunity in cases of forced disappearances, torture and harassment by the authorities.

Although it was true that the Attorney-General's Office and the Supreme Judicial Council created an Attorney-General's sub-unit to investigate and punish the homicides committed since 1986 and that this unit did produce some results at first, its work had stalled. With the exception of the homicides committed after June 2006, where confessions had been attained, neither the motives nor the intellectual authors had been established. The criminal investigations of acts against the right to freedom of association and union freedoms had not produced a single conviction against actions by the Government and employers.

The Government's claims that the violence against unionists was simply a product of the armed conflict in Colombia, and that paramilitary groups ceased to exist after the implementation of the law "Justice and Peace", were difficult to believe. Violence against unionists was an organized, focused and continuing effort to destroy the union movement by creating fear. It was not surprising that only four per cent of Colombian workers were organized in a union. One could almost be surprised that four per cent of workers were so courageous that they were willing to put their life at risk in order to stand together with their fellow workers in a just cause.

The authorities implied publicly that the union movement had ties to armed groups, thus making unionists a legitimate target. In May 2009, El Tiempo newspaper reported that the monitoring of assassinated unionists was revealed in the file against former director J. Noguera of the Government's Security Department (DAS). Trade union leaders were convinced their telephones were being tapped. DAS was also responsible for harassing the adviser for Latin America in her own organization, LO-Norway - simply because she was in charge of bonds of solidarity between her organization and the CUT.

She underlined the necessity of confronting the serious violations committed against union members and leaders with a comprehensive and substantial prevention and protection policy. To this end, it was necessary to publicly recognize the legitimacy and democratic nature of union activity and to put an end to statements by the national Government that accused unionists of collaborating with guerrilla groups. The Government had to urgently investigate crimes against union members and identify the intellectual authors so that their links to murders of union leaders and members did not go unpunished.

It was therefore important that the ILO monitored the situation in Colombia and confronted the Government with the serious violations committed against trade union members and leaders. Although the Government publicly announced that Colombia would be discussed as a case of progress, in the face of the increasing number of murders of unionists, the consistent violation of union rights and the almost complete impunity of perpetrators, she expressed the hope that this Committee would not, in good conscience, let this continue without protesting.

The Government member of Nigeria stressed that violence committed against any persons, including trade unionists, was to be deplored. Such violence was capable of driving trade unionists underground and silencing their voices; as made clear by the various worker members who had participated in this discussion, the situation was indeed grave. She stated that it was nevertheless also necessary to recognize the efforts made by the Government, which demonstrated an acknowledgement of the severity of the problems at hand and a willingness to address them. More could have and should still be done by the Government, but there was no doubt that progress had been achieved. She urged the Government to avail itself of the support pledged by the United States, Canada, and the ILO in ameliorating the serious situation still prevailing in the country.

The Worker member of the United States noted that nothing was more essential to Convention No. 87 than the physical integrity of employers and workers. Tragically in 2009, Colombia remained the most dangerous place for workers, accounting for more than 60 per cent of all trade union assassinations worldwide.

While the epicentre at today's debate had been the question of progress, he submitted that there had not been, there was not, and there would never be real progress in this case, unless and until the impunity crisis would be directly, authentically and honestly resolved. This entailed the effective convictions of all the intellectual, as well as the material authors of the violence, achieving the investigative, prosecutorial and judicial capacity to do so; and ensuring that the terms of the convictions were significant and durable. Due to the lack of these essential elements, today one found: (1) that the rate of trade union assassinations jumped 25.6 per cent between 2007 and 2008; (2) already in 2009 at least 17 unionists had been murdered; (3) the impunity rate for murders of the Colombian unionists for the last 23 years was at 96.6 per cent; and (4) considering the acts of violence against Colombian unionists since 1986, including not only homicides, but abductions, assaults and torture, the impunity rate soared at 99.9 per cent.

This was the stark and hard reality that this Committee had to honestly and seriously address, and it existed even in the face of the Government's reports to the Committee of Experts, the budgeting at US$45 million for protective measures, the establishment of three special tribunals tasked with processing the backlog of cases, the monetary rewards of up to US$250,000 for information and the increase of up to 2,166 officials in the Attorney-General's Office. But these measures did not solve the problem and it was no mystery why.

The dominant presumptions in the investigative and prosecutorial system were fundamentally flawed, as documented by the National Union School (ENS) and the Colombian Commission of Jurists. In many cases, the Attorney-General's Office assumed the pretext of the perpetrators, namely that the trade union victim was a guerrilla, linked to the guerrillas or used some other false motive, and the case was disposed of accordingly.

Notwithstanding the millions of dollars invested in the Attorney-General's Office, of the 2,700 unionists murdered in the last 23 years, the special sub-unit had only 1,119 effective files, or 41.3 per cent of the total number of murders, and of these 1,119 files, 645 cases, or 58 per cent, were at the preliminary stage, meaning that there was not even a suspect. Considering the current capacity and the average of 70 sentences a year, it would take the system 37 years to overcome the impunity rates cited and this only on the assumption that there would be no assassinations starting today.

Finally, in approximately 45 per cent of the sentences to date, the defendant was tried in absentia or otherwise not in custody, and the vast majority involved the material, but not the intellectual authors. Scores of the paramilitaries who enrolled under the Justice and Peace Law had abandoned the voluntary deposition process, calculating that the failed justice system would never hold them criminally liable. This meant that they were reorganizing themselves into new gangs of anti-union assassins such as the Nueva Generación Aguilas Metros de Santander or the Commando Carlos Castaño Vive.

The climate of impunity would persist if the mixed messages at the top continued, for example the incontrovertible evidence of elements in the DAS having directly collaborated with the paramilitary assassins of trade unionists, or President Uribe having publicly characterized the recent strike at the sugar cane cutters in the Valle de Cauca as having been mobilized by the FARC. All this reminded the speaker of the ironic words of George Bernard Shaw that progress was impossible without real change and those who could not change their minds about change, could not change anything.

The Government representative of Colombia reiterated his appreciation for the interest with which concerns had been raised and recommendations made with regard to labour rights in Colombia. The Government acknowledged the report submitted by the Committee of Experts, which defined the Colombian case as one in which progress had been made, and which would continue down the path established taking into account the Committee's opinions and recommendations. The Government was firmly convinced that, working together with the ILO and with understanding and cooperation from the international community and enhanced social dialogue between workers, employers, the national Government and regional and local governments, it would be possible to make further progress towards guaranteeing the rights of the working population. In this purpose, he was sure that the Government would be accompanied by the judiciary and the legislature.

In the spirit of collaboration between the branches of Government and anxious to pursue the path of progress, the Government was now followed by the judges of the Supreme Court, the Constitutional Court, the State Council and the Supreme Judicial Council, who have taken note of the suggestions advanced. The speaker stated that, during his visit to Geneva, efforts had been made that had resulted in the negotiation of an agreement between the Labour Chamber of the Supreme Court of Justice and the International Labour Standards Department of the ILO, to be signed in the next few days, which would undoubtedly lead to stronger collaboration and new opportunities to continue improving the role of the functions of state institutions.

The Government shared the continuing concern of the international community at the violent situation in Colombia, despite the significant progress made thanks to the democratic security policy. Criminal and terrorist activities, the main perpetrators of which were illegal armed groups that were increasingly involved in the drugs trade, continued to threaten Colombian society. Violence and crime affected trade union activities through such serious occurrences as trade unionists being murdered or receiving death threats, but also affected economic activity through entrepreneurs being kidnapped, threatened or murdered.

The speaker echoed the views of various delegations that the problem would remain until Colombia was free of all acts of violence, intolerance and impunity and not a single trade unionist, entrepreneur, journalist, defender of human rights, indigenous person, judge or citizen fell victim to violence. This conviction obliged the Government to take more action, given that security, which was bound up with the fundamental rights to life, liberty and well-being, should be a state policy.

He reiterated his invitation to the international community to continue demanding that illegal armed groups end the absurd violence through which they victimized the Colombian people; to cease inhumane practices such as kidnapping, the use of anti-personnel mines and terrorist acts against the civil population; and to free unconditionally all those whom they had kidnapped. The existence of illegal armed groups could not be justified, whatever their nature or persuasion.

With a view to ending violence and protecting the lives of trade unionists, human rights defenders, entrepreneurs, public servants and other citizens, it was crucial to make progress in fighting impunity, so that no crime passed without investigation or sanction. In any State, crimes that remained unpunished by the judicial authorities became an incentive for criminals to commit new acts of violence. He therefore also reiterated that the Colombian State, together with civil society, should not cease in its efforts to fight impunity and, to that end, to prosecute and punish any criminal practice, whoever its perpetrator.

In that regard, it was very important that the Government, in conjunction with the judicial branch, represented by the Attorney-General's Office, the Higher Judicial Council and the higher courts, should continue to strengthen the special group of magistrates and judges dedicated to investigating cases relating to the murder of trade unionists, which had been created within the framework of the Tripartite Agreement and had led to a qualitative and quantitative improvement in the handing down of sentences by judges, increasing from 12 sentences until 2002 to 190 to date, of which 151 had been given since the signing of the Tripartite Agreement in 2006.

The Government shared the concerns expressed by various delegations to the effect that there were still few investigations and sentences, compared with the number of complaints of murders of trade unionists made over the last 30 years. Today Colombia had become a focus of attention and the progress achieved so far could only serve to stimulate new efforts by the authorities in the fight against violence and to defend trade union activity.

Along with the fight against impunity and violence, in the next few months of 2009 the Government would initiate a programme of economic compensation to victims of violence from an initial fund of more than US$50 million.

In relation to the concerns raised regarding the development of the Tripartite Agreement, the results of the ILO high-level mission, the commitments made by the Ministry of Social Protection during Colombia's voluntary statement to the Conference Committee in 2008 and the technical cooperation programmes supported by the ILO, the speaker stated that, despite gaps, difficulties and challenges to be confronted by the various social actors, it was undeniable that the result of efforts made during the last few years had been positive.

It was important to take more definite steps regarding the ILO's presence in Colombia and related technical cooperation programmes, for example, on employment and vocational training, social security, and signing agreements with the judicial and state authorities to strengthen the fight against impunity and with regional and local authorities on decent work and social dialogue.

With regard to labour rights and guarantees, the speaker underlined the positive results observed since the signing of the Tripartite Agreement, which were the goal of trade union struggles. Among others, he drew attention to the new Strikes Act, which took the power to classify strikes away from the national Government and had been complemented by a recent ruling of the Constitutional Court strengthening protection for that right. He also highlighted a ruling of the Constitutional Court on the autonomy of workers to establish trade unions and their right to be registered by the Ministry of Social Protection without any kind of interference or restriction.

Such achievements demonstrated that, with more dialogue among the social actors in the world of work, more flexible positions and more prudence in making statements, as well as a more objective and realistic approach to the achievements needed, progress could continue in signing and implementing labour agreements. To that end, the fear of agreeing with others should be broken down.

Examples of this were the agreements recently obtained by oil workers regarding closer and more fruitful labour relations; the banana workers' agreement that had allowed a strike in that sector to be brought to an end and that committed workers and entrepreneurs to asking for a better deal from countries that bought Colombian bananas, in terms of both quotas and prices; and the agreement between the Colombian Federation of Educators and the National Ministry of Education, which covered the development of social dialogue and consultation in the public sector, setting out which areas were the subject of agreement and which were not.

The Government, headed by the President of the Republic and the Minister of Social Protection, intended to strengthen a national education and awareness-raising programme on social dialogue, along with policies on labour inspection and mediation, to enable further progress to be made towards better understanding. In that regard, it was hoped that, through the development of the Tripartite Agreement, the ILO, with the cooperation of friendly governments and countries, could promote the development of a wide programme to strengthen the culture and best practices associated with social dialogue, mediation and labour inspection.

The speaker highlighted the constructive spirit that had characterized the Committee of Experts on the Application of Conventions and Recommendations, the Employers' and Workers' group spokespersons, as well as the interventions made by Worker, Employer and Government members on application of and compliance with Convention No. 87 in Colombia.

The speaker reiterated that such dialogue, rooted in a spirit of collaboration, would enable remaining weaknesses and challenges to be overcome and efforts to be improved towards guaranteeing the rights of workers.

In that regard, the speaker invited the Chairperson and the Worker and Employer spokespersons to make the conclusions of the Committee's important examination of the case of Colombia a valuable tool that would enable all social actors in the world of work to contribute to turning the aspirations of the Colombian people - to have a better country, where social dialogue was an expression of the new labour culture and the understanding that Colombia deserved and needed - into a reality.

Before addressing the question of conclusions of this case, the Worker members wished to underline three important points. First, in its report, the Committee of Experts had expressed its satisfaction on a specific point, namely the amendment of section 451 of the Labour Code as a result of the adoption of Act No. 1210 under which the legality or illegality of a collective work suspension or stoppage had to be declared by the judicial authorities in a priority procedure. On each of the remaining points raised, the Committee of Experts requested the Government to act. Second, the trade unions in Colombia acknowledged the efforts made by the Attorney-General's Office and the judiciary, whose attitude had evolved towards a greater sensitivity on these issues, but this could not be said for the Government. Finally, the notion of progress in the framework of the ILO had to meet specific criteria that were set by the Committee of Experts for reasons of legal certainty. The case of Colombia was not a case of progress, given the overall context of this country and in particular the prevailing violence. Too many things remained to be done, as different speakers emphasized. This was not about questioning the comments of the Committee of Experts, as demonstrated by this excerpt from the observation on the application of Convention No. 87 by Colombia: "while appreciating all the measures adopted by the Government, and particularly the increase in funding for the protection of trade union leaders and members, the Committee notes with deep concern the rise in the number of trade union leaders and members who have been murdered".

This said, the Workers recommended the adoption of conclusions based on four points. The first was the strengthening of the Tripartite Agreement signed on 1 June 2006. The implementation of this Agreement had so far not produced the expected results relating to the four priorities it established. All parties had to reaffirm their commitment to implement this Tripartite Agreement, regardless of the existence of divergent views on certain points. This required that legislation be amended in respect of social dialogue and be brought into conformity with the provisions of ILO standards. In addition, a new permanent representative of the ILO in Colombia should be designated as soon as possible, who had to have legal and communication skills and demonstrate a strong commitment to promoting the principles underlying ILO action. In addition, social dialogue had to be strengthened, which required the actual establishment of structures beyond mere technical assistance. In this regard, the Worker members referred to the experience in Africa for the promotion of social dialogue and suggested that a similar exercise be conducted in Colombia. Finally, the fight against impunity had absolutely to be strengthened and it was the commitment of the legislature, and it alone, that would permit the creation of a climate of security, as only the law permitted the finding of permanent and democratic solutions sheltered from change and partisan influence.

The Employer members thanked the Government representative for the additional information provided and the commitments made, in particular, with regard to the fund of US$50 million for victims of violence. They noted that the overall high level and measured quality of the discussion had been in keeping with the progress that had been made over a period of years. Most of the Committee's members recognized the progress made. The ability of this Committee to make findings of progress was not limited by the determinations made by the Committee of Experts. This Committee had found in many cases in the past that progress had been made without it being noted by the Committee of Experts. The observations made by the Committee of Experts were of a legal nature while progress in this case had a broader and more pragmatic context. Reference should be made in this regard to the language used by the CFA in Case No. 1787 with respect to progress in fighting impunity. Nobody could deny that there had been improvements in this case in very difficult circumstances. It was indisputable that since 2000, the Government had been taking increasingly strict measures. Overall, it was undeniable that the Government had taken forward steps to end impunity in the country and introduced significant legislative changes.

Prior to 2005, a strategy was followed seeking to punish the Government by words. As from 2005, there had been a clearly different approach involving technical cooperation, legislative and judicial change and social dialogue. The Employer members had listened carefully to the debate especially the leaders of the trade union movement from Colombia and the importance they attached to the 2006 Tripartite Agreement on Freedom of Association and Democracy. The Employer members noted that many of the elements of the 2006 Agreement were in place with more to do. These included: (i) the ILO's technical cooperation programme and Bogota office; the USAID Programme on Fundamental Rights at Work; Sweden's bipartite technical cooperation programme; and the Committee for the prior analysis of the cases presented to the CFA; (ii) the increase in investigations, indictments and convictions; and the enhanced protection schemes for trade unionists; (iii) the tripartite National Consultation Commission on Labour and Wages Policies; and (iv) the changes in the legal framework, many of which had been mentioned during the discussion.

Moreover, the Employer members highlighted the commitments made on the part of the Colombian employers by the Employer member of Colombia as well as the invitation made to embark on a constructive attitude to resolve longstanding issues, to assign additional funds to different programmes and institutions in order to continue to achieve compliance with the Convention, and to continue to achieve progress through social dialogue. Furthermore, they stressed their determination to resolve this case.

In conclusion, the Employer members noted that the steps taken in line with the 2006 Tripartite Agreement on Freedom of Association and Democracy had led to positive developments and progress in the fight against impunity and human rights protection for trade union members and had led to several positive legislative developments. The Committee should express its support for continued action by the Government so as to take full advantage of ILO technical assistance and rely on social dialogue as the appropriate means to obtain further progress. The steadfast commitment of the social partners should be underlined as a key element in this process. The Committee should emphasize the importance of full and meaningful social dialogue in ensuring a long-lasting environment for freedom of association. The strengthening of the ILO representation in Colombia was needed to facilitate the effective implementation of the Tripartite Agreement. The Committee of Experts should note with considerable interest steps taken by the Government to amend its legislation and recent Constitutional Court rulings in line with Convention No. 87 principles. As regards other issues where the Committee of Experts had said that the Government should continue to take all the necessary measures to guarantee the right to life and safety of trade union leaders and members so as to allow the due exercise of the rights guaranteed by the Convention, the Committee should request the Government to address such issues in consultation with the social partners as well as to provide a detailed report on the above matters for examination at the forthcoming session of the Committee of Experts.

Conclusions

The Committee took note of the statement of the Government representative and of the discussion that took place thereafter. The Committee observed the importance placed by all speakers on the 2006 Tripartite Agreement on Freedom of Association and Democracy and the calls for a strengthened commitment from all parties to its full and effective implementation.

The Committee noted that the Committee of Experts' comments concerned acts of violence against numerous trade unionists which included murders, disappearances, death threats and a disconcerting situation of impunity.

The Committee noted the Government's indication that it was continuing to work to overcome the factors which gave rise to violence and that, due to the policy of democratic security, the homicide rate had been reduced, in particular with respect to trade unionists. Moreover, the State's activity in combating impunity had been reinforced, including through an increase in financial and human resources, resulting in an increase in convictions for cases of anti-union violence. The Government further referred to a draft law to extend the period for statutory limitation in relation to homicides against trade unionists and to increased sanctions for disrupting or impeding the exercise of the right to organize which was before the Parliament. The Government also provided information in relation to labour matters, including: the adoption of laws to transfer the authority to declare a strike illegal and with respect to compulsory arbitration; as regards measures to strengthen the inspection services and monitoring; on steps taken with respect to associated work cooperatives; and on the consultation and dialogue relating to conditions of work in the public administration.

The Committee expressed its appreciation for the positive steps taken by the Government to strengthen the public prosecutor's office and the resulting progress made in combating violence and the prevailing situation of impunity. It further welcomed the recent information relating to the creation of a compensation fund for victims of violence. The Committee observed the concerns raised that the number of convictions remained very low and that the sentences that had been handed down concerned only the direct perpetrators of the violence, but not the actual instigators. The Committee observed that more measures were needed and expressed the hope that the Government would ensure that the judiciary was invested with all the necessary powers to this end and that further resources would continue to be made available for the bolstered protection of threatened trade unionists, coupled with a clear message at the highest level of the important role played in society by trade unions and that anti-union violence would not be tolerated. The Committee recalled the need to ensure that all investigations against acts of violence against trade union leaders and members were carried out rapidly and efficiently. The Committee underlined that the trade union movement could only exist in a climate free from violence and urged the Government to put an end to the current situation of violence and impunity through the continued implementation and innovation of effective measures and policies.

As regards the legislative questions pending referred to by the Committee of Experts regarding the right to organize of workers in cooperatives, the registration of trade unions, compulsory arbitration, restrictions on federations and other restrictions, the Committee noted that progress had been made in the adoption of new legislation granting the judicial authority the competence to declare the illegality of a strike, which had been previously assigned to the administrative authority. It further observed with interest the Constitutional Court judgement which appeared to ensure a simplified registration process for an improved application of Article 2 of the Convention. The Committee noted, however, the concerns raised in relation to the increased use of cooperatives, service contracts and civil or commercial contracts in a manner which placed obstacles in the way of freedom of association rights of the workers affected by such contracts, as well as the allegations of a generalized anti-union climate.

The Committee expressed the firm hope that the Government would adopt the necessary measures to bring the legislation and practice into conformity with the Convention in full consultation with the social partners. Observing the commitment expressed by the Government and the social partners in relation to the strengthening of social dialogue within the country, the Committee emphasized the importance of ensuring that this dialogue was thorough and meaningful and encouraged all parties to make concerted efforts so that the existing national tripartite mechanisms could provide a regular forum which inspired the confidence of all concerned. It invited the Government to continue receiving ILO assistance in this regard, as well as with respect to all pending matters. It called upon the Office to review internal administrative matters with a view to continuing the ILO representation in the country and strengthening technical cooperation with a view to the meaningful implementation of the 2006 tripartite agreement. The Committee requested it to report on the steps taken in this regard in its next report to the Committee of Experts due this year.