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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Colombia (Ratification: 1999)

Strengthening of social dialogue and tripartite consultations. In its observation of 2011 the Committee expressed its conviction that the Government and the social partners should endeavour to take tangible measures to promote and reinforce tripartism and social dialogue on matters relating to international labour standards covered by the Convention. The Government’s report received in August 2012 states that on 24 May 2012 a tripartite Subcommittee on International Labour Matters was set up in the context of the Standing Committee for Dialogue on Wage and Labour Policies. The Committee notes with interest that one of the tasks of this Committee is to examine and be consulted on the subjects covered by Article 5(1) of the Convention. The Government also states that consultations were held with the social partners and in April 2012 the Domestic Workers Convention, 2011 (No. 189), was submitted to the National Congress for ratification. The social partners were also consulted on the submission of 13 Conventions and a Protocol.

The National Employers’ Association of Colombia (ANDI) indicates in its observations received in September 2012 that, in addition to the Standing Committee for Dialogue on Wage and Labour Policies, there are other forums for dialogue in which tripartite discussions are held on labour standards at national and international level. The International Organisation of Employers (IOE) also emphasizes the progress made in social dialogue and the many ways in which rapprochement has taken place between the social partners. Moreover, the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) state in a joint communication of August 2012 that effective consultations should be held on an equal footing which ensure the fair participation of the most representative trade unions in all action relating to participation of the State vis-à-vis the ILO. The CUT states in an individual communication of August 2012 that the trade union movement is not only willing to engage in dialogue but also to support the ratification and implementation of international labour standards. The CUT drew up a list of pending issues with respect to which the ILO supervisory bodies have requested information in the reports on ratified Conventions.

The Committee refers to the resolution on tripartism and social dialogue adopted by the Conference at its 90th Session (2002), which emphasizes the fact that for tripartite consultations to be successful, the participants must demonstrate the necessary skills for social dialogue (capacity to be aware of the positions of the other parties, respect for each participant, abiding by commitments made, and a willingness to resolve differences). Furthermore, the Committee notes that the 2008 ILO Declaration on Social Justice for a Fair Globalization identified Convention No. 144 as one of the most significant instruments in terms of governance. The Committee therefore expresses its conviction once again that there are new grounds for continuing to bring together the social partners and further intensify tripartite consultations. The Committee invites the Government to send information in its next report on the activities of the Tripartite Subcommittee on International Labour Matters and other consultations held on the subjects covered by Article 5(1) of the Convention.