Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2498 (Colombia) - Complaint date: 14-JUN-06 - Closed

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

1. 51. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paras 544–561]. On that occasion, the Committee requested the Government to keep it informed regarding the registration of the National Union of Workers in Non-Governmental and Social Organizations (SINTRAONG’S). The Committee also examined the allegations presented by the Union of Employees of the University of Medellín with respect to anti-union interference in the form of: insistence on the trade union providing a list of candidates for the steering committee; the dismissal of Ms Dorelly Salazar for reporting this interference; pressure and threats of dismissal which led to 29 workers leaving the trade union; forbidding teaching staff to join a union; the dismissal without cause of Norella Jaramillo, Ulda Mery Castro, Carlos Mario Restrepo and Julieta Ríos in March 2001, as well as the later dismissal of two more workers (Wilman Alberto Ospina and Jesús Alberto Munera Betancur) after they became trade union members; and the repeated violation of the collective agreement signed in 2004. The Committee urged the Government to keep it informed of any action taken, or change in the proceedings initiated by the dismissed employees of the University of Medellín and, if the claims of the workers were found to have merit, to reinstate the dismissed workers and ensure that the teaching staff was guaranteed their trade union rights.
2. 52. In a communication of 20 April 2009, SINTRAONG’S states it became registered with the Territorial Directorate of Antoquia of the Ministry of Social Protection on 6 March 2009, but emphasizes that its registration was made possible by recent rulings issued by the Constitutional Court removing the competence of the Ministry of Social Protection to refuse registration. However, the complainant organization states that the legislation blocking the registration of trade unions (resolution No. 625 of 2008) remains in force and, therefore, there remains a risk that the trade union organization will be dissolved by a judicial decision based on this restrictive legislation.
3. 53. In communications of 27 April and 10 June 2009, the Government confirms the registration of SINTRAONG’S and states that, on 6 March 2009, registration documents were received relating to the founding of SINTRAONG’S since the trade union made the corresponding deposits. The Committee notes this information with interest.
4. 54. As to the allegations relating to resolution No. 625 of February 2008, allowing registration to be refused in the case of a trade union organization on the grounds that it was established with aims other than the protection of freedom of association, the Committee observes that this issue, and more specifically the extensive interpretation in practice of this reason for refusal, has already been examined by the Committee of Experts.
5. 55. With regard to the allegations presented by the Union of Employees in the University of Medellín, the Government transmits a communication of the Rector of the University who reiterates that: (1) the events that were reported did not actually take place; (2) no rulings have been handed down against the University for non-compliance with the collective agreement; and (3) no legal proceedings have been initiated against the University in this regard. The Government states furthermore that, according to the Territorial Directorate of Antoquia, the trade union organization has to date not presented any complaint or launched any legal proceedings in connection with these allegations. The Government also refers to the need for information to be provided regarding both the case number and the court hearing the legal proceedings initiated by the dismissed workers. The Committee notes this information and requests the complainant organization to provide information on the legal proceedings initiated concerning the alleged dismissals.