Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Case No 2068 (Colombia) - Complaint date: 20-JAN-00 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 55. The Committee last examined this case at its meeting in November 2007 [see 348th Report, paras 58–63]. On that occasion, the Committee requested the Government: (a) in relation to the dismissal of union leaders of the Employees’ Association of the National Penitentiary and Prison Institute (ASEINPEC), Mr Henry Buyucue Penagos, Mr Germán Amaya Patiño, Mr Gustavo Gutiérrez Rojas and Mr Harold Nieto Rengifo, to do everything in its power to ensure that the proceedings are concluded in the near future and to keep it informed in particular with regard to the status of the trial of Mr Amaya Patiño, to whom it did not refer in its reply; (b) regarding the allegations made by FETRANDES referring to the dismissal of a member of the executive committee, Mr Jorge Eliécer Miranda Téllez, in the context of the restructuring of the Bogotá Traffic and Transport Department, without the suspension of trade union immunity, the Committee requested the Government to conduct an investigation to establish whether Mr Miranda Téllez was indeed dismissed without the suspension of trade union immunity required by law and, if so, to ensure that he is reinstated without delay and to keep it informed in this respect.
2. 56. In its communication dated 26 November 2007, the ASEINPEC indicated that, with regard to the dismissals of Mr Henry Buyucue Penagos, Mr Germán Amaya Patiño, Mr Gustavo Gutiérrez Rojas and Mr Harold Nieto Rengifo, according to information supplied by INPEC, the personal files contain no evidence that the suspension of trade union immunity was requested. With regard to Mr Amaya Patiño, the trade union states that the judicial authority did not recognize his union immunity and therefore refused to reinstate him.
3. 57. In a communication dated 18 February 2007, the Government states that the legal proceedings initiated by Mr Buyucue Penagos, Mr Gutiérrez Rojas and Mr Nieto Rengifo before the competent judicial authorities are still pending. Regarding the case of Mr Amaya Patiño, the Government states that he was refused reinstatement because Mr Amaya Patiño initiated proceedings for protection which are pending with the 22nd Administrative Court of Medellín. In this respect, the Committee hopes that the proceedings in question will be completed soon and requests the Government to keep it informed of their outcome.
4. 58. With regard to the dismissal of Mr Jorge Eliécer Miranda Téllez, the Government states that the District Administration of Bogotá requested the suspension of trade immunity in order to dismiss him, and this was authorized by the 19th Circuit Labour Court, at first and second instance. The appeal for annulment lodged by the trade union leader was dismissed. The Committee notes this information.
5. 59. Finally, by a communication dated 29 November 2007, the Single Federation of Workers (CUT) alleges that the Alacalis de Colombia Ltda. company did not implement the settlements reached with the dismissed workers in the context of the liquidation of the company, in which the payment of wages, benefits and compensation was agreed. The Committee observes that the Government has not sent any observations in this respect and requests it to conduct an investigation in order to determine whether the workers have indeed been compensated and, if not, to take the necessary steps to ensure that the corresponding compensation is paid without delay to the dismissed workers.