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

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

With reference to its observation the Committee also draws the Government’s attention to the following points.

Physical safety of labour inspectors during inspections in agricultural undertakings. With reference to its previous comments, the Government indicates that the country has a protection programme in place as part of the defence policy and guarantees for vulnerable groups, implemented by Decrees Nos 4912 of 2011 and 1225 of 2012, and that this framework enabled the necessary protection to be provided to the Regional Directorate of the department of Valle when it received threats for carrying out its duties. The Government also states that whenever the Ministry has learned of threats against any labour inspector, it has immediately alerted the national police with a view to protecting the inspector concerned and in some cases has even transferred the inspector and his or her family, while respecting his or her labour rights. Furthermore, section 1 of the Police Code provides that one of the functions of this body is to ensure the security of the country’s inhabitants, including the administrative authorities. The Committee would be grateful if the Government would provide detailed information on instances of threats against labour inspectors, and on the inquiries and legal proceedings initiated in response, indicating the penalties imposed on the offenders.

Articles 18 and 19(2) of the Convention. Monitoring of occupational health and safety conditions and powers of injunction of labour inspectors. The Committee notes with concern the high incidence of employment accidents and cases of occupational disease in agriculture affecting undertakings affiliated to the system of occupational risks. In 2011, these accidents rose to a total of 86,573, of which 46,669 were treated as “presumed accidents” and 40,904 as “certified employment accidents”. For the first half of 2012, these accidents rose to a total of 53,347, of which 22,596 were considered “presumed accidents” and 31,151 “qualified labour accidents”. Regarding cases of occupational disease occurring in affiliated undertakings, a total of 2,391 cases were recorded in 2011, of which 1,395 were deemed “presumed occupational diseases” and 996 “qualified occupational diseases”. In the first half of 2012, a total of 1,366 diseases were recorded, of which 671 were considered “presumed occupational diseases” and 595 “certified occupational diseases”. The Committee requests the Government to provide information, supported by figures, on the exercise in agricultural undertakings by labour inspectors of the powers provided for in Article 18(2) of the Convention with a view to making or having made orders, as the case may be, requiring measures within a specified time limit to secure compliance with the legal provisions relating to health or safety (paragraph 2(a)) or with immediate executory force in the event of imminent danger to health or safety. The Committee also requests the Government to specify how practical effect is given to Article 19(2) of the Convention, under which, where possible, labour inspectors shall be associated with any enquiry on the spot into the causes of the most serious occupational accidents or cases of occupational disease, particularly of those which affect several workers or have fatal consequences. The Committee would be grateful if the Government would provide a copy of any legislative texts or regulations adopted in this regard.