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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 63. The Committee last examined this case at its meeting in June 2007 [see 346th Report, paras 425–441]. On that occasion, the Committee requested the Government: (a) with regard to the allegations of the Single Confederation of Workers of Colombia (CUT) concerning numerous anti-union acts against SINTRAQUIM members by the enterprise Laboratorios Biogen de Colombia, and against seven leaders of the trade union in particular (María Eugenia Reyes, Hugo Aguilar, Nubia Marcela Avendaño, David Villamizar, Sandra Duarte, Cristina Moore and Luis Fernando Cárdenas) who were transferred to other enterprises, suffered a deterioration in their working conditions and faced sanctions of up to two months’ suspension from their posts, among other things, to take the necessary measures to ensure that an independent investigation was instituted without delay into the enterprise Laboratorios Biogen de Colombia and, if the allegations were confirmed, to ensure that all measures prejudicial to those trade union leaders remained without effect, that those individuals were reinstated to their posts with payment of wages owed and appropriate compensation and that those responsible were punished appropriately; and (b) with regard to the alleged dismissal by the Bogotá Telecommunications Enterprise (ETB) of three workers (Jhon Mauricio Bonilla Vargas, Hugo Fabián Marín Tovar and Ricardo Avila Peralta) who were members of SINTRATELEFONOS without advance notice given to their trade union organization, with the aim of creating a climate of intimidation concerning the trade union, to take the necessary measures to ensure that an independent inquiry was carried out and, if it was found that the dismissals had anti-union grounds, that the workers were reinstated without delay and paid the wages owed and appropriate compensation.
- 64. In a communication of 5 September 2007, the Government reports, with regard to the CUT’s allegations concerning anti-union acts against SINTRAQUIM members (María Eugenia Reyes, Hugo Aguilar, Nubia Marcela Avendaño, David Villamizar, Sandra Duarte, Cristina Moore and Luis Fernando Cárdenas), that these members are currently working on Laboratorios Biogen premises, performing duties that form part of the production process, under the authority of the Quality Assurance and Control Department; the enterprise provides them with two meals a day and the sanctions that were handed down to them were not put in place, in some cases because of a court order and in others because they were lifted by the enterprise, which reimbursed to the workers the money it had retained on those grounds. The Committee takes note of this information.
- 65. With regard to the alleged dismissal by the ETB of Jhon Mauricio Bonilla Vargas, Hugo Fabián Marín Tovar and Ricardo Avila Peralta, who were members of SINTRATELEFONOS, the Government reports that the action for protection of constitutional rights (tutela) filed by Mr Bonilla Vargas and Mr Marín Tovar was unsuccessful because the judicial authority considered that the workers should seek recourse through the ordinary labour courts and that the enterprise had acted in accordance with a court order. With regard to Mr Avila, the Government reports that, as a result of a protection ruling by the constitutional court (sentencia de tutela), the ETB proceeded to reinstate him. The Committee requests the Government to indicate whether Mr Bonilla Vargas and Mr Marín Tovar have initiated legal proceedings against the decision to dismiss them.
