Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

Written information provided by the Government

The Government of Colombia is compliant with international Conventions, both in legislation and in practice our commitment is firm in respecting the right to unionize. A proof of this is the creation of new unions from 2018 to 2020, where 611 new union organizations were created.

The impunity gap was broken: Our Government strongly rejects any act of violence whatever its origin and we reiterate the State’s willingness to advance in the investigations to clarify the facts and convict those responsible, while protecting our workers, in particular activists and trade union leaders. Colombia has made significant progress in the fight against impunity; today the country has more than 960 convictions, and the number of acts of violence against trade unionists has been reduced. We wish to reiterate that we reject all acts of violence against trade union leaders and that we will continue to fight until the number is zero.

State strategies

The National Immediate Reaction System for the Advancement of Stabilization (SIRIE) was created and activated through the General Command of the Military Forces, which establishes a series of coordinated actions to concentrate capacities to control territories in order to respond to any situation that threatens or affects the exercise of human rights defenders, social leaders, trade unionists and union leaders.

Investigation and prosecution strategy for crimes committed against trade unionists

In order to provide guarantees for access to justice for unionized persons who are victims of crimes and with the objective of contributing to the materialization of the principle of freedom of association, the Attorney General’s Office prioritized investigations of crimes that may affect union activity. The above, through the following actions, which will be strengthened based on the provisions of the strategic direction 2020–24, “Results in the street and in the territories”:

• analysis of the crimes of greatest impact against trade unionists in the development of their work: homicides, violation of the rights of assembly and association and threats;
• definition of the universe of prioritized cases and situations;
• interinstitutional articulation with the Ministry of Labour;
• training to strengthen the investigation of prioritized crimes;
• strengthening the investigation of the crime of threats against human rights defenders;
• the issuance of precise guidelines for the investigation of the crime of homicide against human rights defenders; and
• a work plan that allows the internal articulation of the various units of the Attorney General’s Office with competence in the investigation of these crimes.

Results

(1) The impunity gap was broken, it went from 1 conviction in 2001 to more than 960 convictions in 2021; 70 convictions were handed down in 2020 alone.

(2) From 205 homicides of trade unionists in 2001, there was a reduction of more than 94 per cent to 14 homicides in 2020, with one being a high figure.

(3) Those who hinder the right of association and whoever offers better guarantees in collective agreements are penalized.

(4) The Ministry of Labour together with the ILO is conducting a study that systematizes and analyses 814 judicial decisions taken in the context of crimes committed against unionized workers and trade union organizations in the period 2002–20. This study that takes stock of progress in judicialization against anti-union violence, as a follow-up mechanism to the anti-impunity strategy agreed tripartity in 2006. This study presents the overall results of the analysis of the 814 judicial decisions, identifying their main achievements and fallacies, and making recommendations for successful judicialization.

(5) We have negotiations in the public sector, Colombia being one of the few countries in the region that carries it out successfully with all the Unions’ Centrals of the country.

(6) Trade unionists are protected. The National Protection Unit has actively participated in the National Bureau of Human Rights with the Ministry of Labour and the Unions’ Centrals, in the National Committee to follow up transfers to educators for security reasons with the Ministry of National Education and FECODE, on the other hand, participation in the Committee of Follow-up of Teachers threatened with the Secretary of Education of Bogotá. These spaces for dialogue are used to analyse different risk situations that may affect the fundamental rights of members of the target population, union leaders and/or activists and their representatives. There are currently 292 protected trade unionists.

(7) The Budget for Trade Unionists is guaranteed by the Government which annually makes a significant increase to safeguard the protection of union leaders, from 2018 to 2020, nearly 37 million Colombian pesos has been invested in the protection of union leaders.

(8) The Protection Unit Serves, in accordance with the Decree that regulates it, applications for protection, in case of extreme risk there is an emergency route to provide protection expeditiously.

It is important to note that although the National Protection Unit protects social leaders and union leaders, the strategies and outcomes referred to the Commission only account for measures for union leaders, to whom Convention No. 87 applies exclusively.

Collective repair measures in favour of the trade union movement

The Government in the framework of the National Table of Guarantees held on 14 December 2020, during its fourth session of the permanent table, presented the commitments by the Government related to the hiring of the technical liaisons of the Union Movement to support the systematization of the information for the presentation of the statement, which included the timely sending of the proposal of contractual specifications agreed with the Union Movement, and its subsequent hiring by the national Government from the month of May 2020. Currently, we are waiting for the declaration of the trade union movement in order to continue the development of the collective reparation route that will allow the formulation and implementation of its Integral Plan for Collective Reparation (PIRC), which will establish the actions and measures that will contribute to the reparation of the damages and historical affectations of the trade union movement.

Article 200 of the Penal Code

The Attorney General’s Office, between 2017 and 2020, received a total of 865 complaints for the crime of violation of the rights of reunion and association. Some, 714 cases have been completed and 151 are active, which means 17.45 per cent of the cases.

In the crime under analysis, the following actions were carried out for the termination of the criminal action of the proceedings that entered to the prosecution, from 1 January 2017 to 31 December 2020: 

• In 59 cases, an agreement was reached with conciliation. For these cases, the parties, in front of the Prosecutor, agreed to terminate the criminal proceedings under the fulfilment of conditions in the same manner agreed.
• Some 95 processes were terminated by withdrawal of the worker or the reporting trade union organization. This is important, as these are cases that had a negotiated exit between the worker and the company.
• In 68 of the cases the process was conexed, that is the Prosecutor made the decision to continue the investigation under other criminal news that shared the same facts, to analyse the situation together.
• 407 cases (57 per cent) were archived. In 57.25 per cent of these cases, it was established that criminal conduct did not exist. In 29.98 per cent of cases, the file was filed as an illegitimate complainant.
• Other causes: 85 cases culminated in the investigation by termination of criminal proceedings, by preclusion, termination of the complaint, among others.

For events that have occurred between 2017 and 2020, 151 active cases, 106 cases in the pre-process stage, likely to reach conciliation, 42 in search and 3 cases at trial were identified. Some 57 prosecutors offices are advancing in the active processes of these; 3 prosecutors have been assigned to the areas with the highest number of prosecutions. 

The above actions are discussed within the framework of the Inter-Agency Commission on Human Rights, where tripartite actors have the opportunity to interact directly with judicial authorities and express their concerns to them, as well as make recommendations for greater effectiveness of measures taken in terms of protection and investigation. This Committee introduced the Law establishing the abbreviated verbal procedure and incorporating the figure of the private accuser, whereby the victim can act as an accuser, that is, in the role of the Public Prosecutor’s Office.

Articles 2 and 10 of the Convention: Union contracts

Concerning the measures taken by the Government to control the misuse of the trade union contract, the Ministry of Labour has designed and is implementing the Trade Union File Information System – SIAS, which aims to record, store and manage information to generate indicators and reports necessary for the development of trade union policies and projects; in which it is in pre-production and quality review version. This system of trade union file information of the Ministry of Labour will monitor the registration of the deposits of the trade union contracts, carry out a characterization of the contracts in force in the period covered by each annuity, disaggregated by economic activity and planning inspection actions focused on the monitoring of them.

Right of workers’ organizations to organize their activities and formulate their programme of action: Legislative questions

As the ILO has been informed, within the framework of the Subcommittee on International Affairs, we hope to jointly build a road map to enable us to move forward on concerted solutions to effectively comply with the provisions of the Conventions ratified by Colombia and the comments of the experts.

On the other hand, the Ministry of Labour and the Supreme Court of Justice signed a Memorandum of Understanding, in April 2021, on labour rights, whose object is the creation of effective mechanisms for the promotion, compilation and dissemination of the jurisprudence rules of La Sala on individual and collective labour rights, to contribute to the enjoyment and guarantee of the fundamental rights of the Colombian population.

As can be shown, the State’s commitment is total. While the fight against trade union violence remains a major challenge, the above data demonstrate Colombia’s strong commitment to this issue, making significant progress in the protection of trade union leaders and closing the impunity gap in recent years.

Discussion by the Committee

Government representative, Minister of Labour – Our Government wishes to reiterate before the Committee, to which it conveys special greetings, that it respects compliance with the Conventions that Colombia has ratified, in both law and practice, and as always recognizes, values and acts in accordance with the guiding principles of the ILO.

In particular, the Convention forms part of the Constitutional bloc, which means that its provisions stand as a parameter for assessing the constitutionality of legal standards and a supplementary parameter of article 39 of our National Constitution.

The Government of Colombia, based on ILO principles and giving priority to consultation, social dialogue, collective bargaining, freedom of association, the defence of the human rights of workers and the right to organize and enterpreneurial freedom, has worked with all the state bodies to ensure strict compliance with the Convention.

On the first point, drawing the Committee’s attention to the trade union rights and civil liberties that provide the reference framework, and particularly the progress made in investigations, we wish to thank the Committee of Experts for its recognition of the significant action taken by the public authorities. We agree with the comment by the Committee of Experts that the challenges are significant and that, despite the efforts of the State of Colombia, our country is still facing a situation of generalized violence, based principally on illegal drug trafficking and groups outside the law, and that this violence also affects many workers.

As the Committee is well aware, the investigations are carried out by a body that is totally independent of the national Government. In order to show the State’s commitment, we are accompanied today by the Deputy Prosecutor-General of the Nation, Ms Martha Mancera, to whom I give special thanks for coming with me to this meeting. And therefore, with this commitment by Colombia to the ILO, I will now give the floor to the Deputy Prosecutor-General, who will reply to the observations made by the Committee of Experts on the progress made in the investigations into the right to life and the investigations under section 200 of the Penal Code, a crime which is an obstacle to the right to organize.

Another Government representative – The Office of the Prosecutor-General is aware of the importance attached by the State of Colombia to trade union activities, and it is therefore its responsibility to take penal action in accordance with the parameters established by the Constitution, the law and international standards, and particularly due diligence in investigation.

Today I am happy to be able to say that our strategy of giving priority to investigating crimes against trade unionists is successful, is on the right track and has also been strengthened in accordance with the guidance set out in the Strategic Directions of the Office of the Prosecutor-General 2020–24, Results in the street and in the territories, which has been led by the Prosecutor-General of the Nation, Francisco Barboza.

With reference to the violation of the rights of assembly and association between 2011 and 7 June 2021, the Office of the Prosecutor-General of the Nation received 2,841 denunciations. By June 2021, we had succeeded in completing 91.92 per cent of criminal proceedings, that is 2,593 cases, with the result that only 8.72 per cent of cases, or 248 cases, are currently under investigation.

Among the most relevent factors, it should be noted that for the first time in the history of the investigation of this type of crime, based on acts committed between 2011 and 2021, four convictions have been obtained. There has been reconciliation in a total of 161 cases since 2011, in which the parties have agreed to end the criminal proceedings subject to agreed terms. Some 449 proceedings were ended following the withdrawal of the worker or the union. It should also be noted that 1,389 cases have been shelved, accounting for 63.57 per cent of such cases, based on the finding that there was no criminal offence. In accordance with due diligence and the right of access to justice, the parties could also very well request the supervising judge to reopen the investigation, which was not done by any of the parties. Finally, in the case of alleged crimes committed between 2011 and 2021, a total of 248 cases remain open. With a view to strengthening these investigations, 49 prosecutors were trained in this type of crime last May, which is important as training allows us to have better tools to take decisions more rapidly in accordance with due diligence.

With regard to murders of trade unionists between January 2011 and June 2021, the Office of the Prosecutor-General reported 262 victims. The ordinary judicial authorities are investigating 259 cases, and 3 are being handled by special indigenous courts.

The use of investigation strategies by the judiciary has led to progress in the clarification of 43.2 per cent of cases. This indicator is higher than the statistics for intentional homicide, which closed in 2020 with 29.70 per cent of cases being resolved. There is clearly a long way to go, but the progress is tangible, as reflected in the figures, and the Office of the Prosecutor General of the Nation is committed to making progress in identifying those who kill trade unionists.

With regard to the progress made in the investigation of homicides of trade unionists that occurred between 2011 and June 2021, there are 47 cases in which sentences are being executed, 62 convictions, 41 cases are being prosecuted, 5 cases in which charges are being brought, 11 that are under investigation with arrest warrants issued and 4 cases have been closed due to the death of the person charged.

The Office of the Prosecutor-General of the Nation has registered 562 convictions for the homicide of trade unionists handed down by the courts of the Republic during the period 2011–21. Of these, 62 convictions were for the period 2011–21 and 500 for crimes committed prior to 2011. And taking into account the historical record, it can be said that the courts of the Republic have handed down 884 convictions in Colombian territory.

Threats against trade unionists are another of the most important concerns of the Office of the Prosecutor-General of the Nation and, of course, of the State of Colombia. In April 2021, the Prosecutor-General adopted a decision to strengthen the National Working Group for the Investigation of Threats. In relation to trade union members, priority was given to three situations by the Office of the Prosecutor-General. The first was threats against the leaders of the Colombian Federation of Education Workers (FECODE), the second concerned threats against trade unionists in the department of Valle del Cauca, and the third consisted of threats against trade unionists in the mining and energy sector. A very important consideration in this regard is that the threats are investigated in context, which means that threats are not investigated one by one, but the situations experienced in the various territories of Colombia are taken into account.

Members of the Committee, the Office of the Prosecutor-General of the Nation of Colombia is committed to investigating crimes against trade unionists seriously, independently and with all the means at our disposal to discover the true facts with the participation of the victims. We will pursue this commitment and we guarantee its sustainability in the Office’s policies, and we will continue to seek effective and efficient outcomes in the territory of Colombia.

Government representative, Minister of Labour – Thank you Deputy Prosecutor-General for reporting to the Committee the efforts that the State of Colombia has been making. Allow me to continue reporting progress on other matters raised by the Committee of Experts, although not before noting that the history of the country has changed, also as a result of the efforts of trade unions.

Even a single attack against a single trade union leader is extremely serious and we reject such acts emphatically. I have to point out that the number of murders of Colombian trade unionists has fallen by 93 per cent in relation to 2001.

I want to remind the members of the Committee that the last time that Colombia was called before this Committee was in 2009, when there were a total of 266 convictions, with that figure now reaching 960 cases in which acts of violence against trade unions have been investigated and punished.

Colombia has punished violations of freedom of association. The National Unit was strengthened for 2018 and 2020 and the budget allocated exclusively for the protection of trade union leaders was nearly US$35 million. For 2021, the general budget for protection under the programme is over US$82 million. During the course of 2021, protection has been provided to 293 trade union leaders.

And allow me to tell the Committee the following. As a result of the protection provided by the programme since 2018 up to the present, no trade unionist covered by the programme has been attacked or murdered, as the protection has been effective.

According to the information provided by the programme, no trade unionists who were victims of the crime of murder had requested protection measures and threats were not known.

The National Protection Unit includes within its responsibilities the provision of two types of protection measures, which include soft measures such as communication and protective vests, and hard measures, such as escorts, vehicles, grants and the supply of fuel.

The maximum cost of protection measures for a trade union leader is approximately US$13,000 a month.

In accordance with the right to organize freely, set out in Articles 2 and 11 of the Convention, we wish to recall that the right to organize is exercised freely in our country. There are no obstacles to organizing trade unions, as shown by the fact that, between 2018 and 2020, a total of 611 new trade union organizations were established. In Colombia, trade union organizations are established without any type of interference. We also have negotiations in the public sector, which I hope will now become much stronger, as Colombia is one of the few countries in the region that carries out bargaining successfully with all the trade union confederations.

With reference to the second point relating to the systemization of penalties for crimes against trade unionists, and transparency of information, I would like to say that Colombia wants to align all of this, so that people know with transparency the action taken in the country.

It is important to note that the Ministry of Labour, with the ILO, is undertaking a study to analyse and systematize all the penalties related to the protection of the rights of trade unionists. The study will undoubtedly seek to provide elements that contribute to the review, balance and strengthening of the policy of prosecuting acts of violence against trade unionists and taking action against impunity, by identifying the principal achievements and failings, and making recommendations for their successful prosecution. I wish to thank the ILO for this study, which will support us in our decision-making.

The study examines the outcomes in relation to 814 court rulings handed down by the judicial system in Colombia in relation to crimes and offences committed against trade unions and their members during the period 2002–20. This analysis is being undertaken as a means of following up the strategy to combat impunity, which was the subject of tripartite agreement in 2006, within the framework of the Convention and of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Our Government is totally committed to the adoption and implementation of public policies that have a positive impact on guaranteeing human rights, our desire for peace through the implementation of the Peace Agreements, and the Act on victims and land restitution, in accordance with everything related to the Peace Agreements. We have been working on this with great resolution and commitment.

I wish to say to the whole world that it is important to remember that we signed a Peace Agreement, as a result of which the Single Register of Victims was created, which recognizes 9 million people who have been affected individually in one way or another.

The Government, within the framework of the National Guarantee Forum, held the fourth session of the standing forum on 14 December 2020. During the session, a report was provided to technicians from the trade union movement on the Government’s commitments. It is important to note that the Victims Unit has not yet received the report on acts of intimidation from the trade union movement through no fault of our own, so that it can be assessed. We are currently making efforts so that this is done during the month of May. We want to tell the trade union movement to take action and that the doors are open, but it has not been our fault.

With reference to trade union contracts, it should be noted that this concept exists in Colombian legislation. We have addressed and discussed this and carried out all the investigations that are necessary, and we have proposed to the Congress of the Republic their elimination in the health sector.

Employer members – We thank the Minister of Labour of Colombia for the information provided orally, as well as the Deputy Prosecutor-General, and for all the written information that is available to the Committee. We place emphasis on the commitment of the Government at the highest level to give effect in law and practice to the Conventions ratified by Colombia.

The Government has worked and is currently working with all state bodies to give effect to the Convention and over the years has given priority and continues to prioritize consultation, social dialogue, free and voluntary collective bargaining, freedom of association, the defence of the human rights of workers and employers and freedom of enterprise as state policies.

In the view of the Employer members, the information received shows a case of progress.

Despite the efforts made by the State, the country is still facing a situation of generalized violence based principally on illegal drug trafficking and the activities of armed groups outside the law. This violence also affects unionized workers. Within this framework, a distinction must be made between the human rights violations suffered by the population in general and the forms of violence that are directly related to the exercise of trade union rights by workers. In a context such as the one described in Colombia, not every act of violence of which trade union leaders are the victims bears a close and sufficient relation to their role in the trade union movement. Nor is every act of violence of which social leaders are victims (including youth, ethnic, environmental and political leaders) directly related to freedom of association and the right to organize. This does not imply that acts of violence are less repugnant, but it does show the importance of understanding the complex situation experienced by the country and of differentiating between the areas of competence of national and international judicial and quasi-judicial bodies.

Few ILO Member States have collaborated so closely and positively with the supervisory bodies and with the Office to give effect to ratified Conventions.

The last time that the Committee discussed this case was in 2009, over ten years ago. The discussion today must therefore be limited to the comments of the Committee of Experts that are within the scope of the provisions of the Convention and the information provided by the Government.

I would like to begin by emphasizing that the Convention does not contain any provision on the right to strike. Moreover, the preparatory work that preceded the adoption of the Convention makes it clear that the Convention does not regulate the right to strike. This is also the opinion of the Government group of the Governing Body and we are pleased to hear the Government of Colombia recalling this important issue.

Accordingly, the request by the Committee of Experts to the Government to amend the legislation in relation to strikes and essential services has no basis in the Convention. The Government is not therefore required to take this request into consideration. The Employers’ group will not address this subject in the discussion and the Committee’s conclusions should not cover this point.

In the few minutes available to us, I would like to address the following issues raised by the Committee of Experts.

First, with regard to trade union rights and public freedoms, Colombia has resolutely implemented various initiatives to make progress in the protection of trade union leaders, and these efforts have also been recognized by other supervisory bodies. As indicated by the Committee of Experts, there has been significant progress in the investigation and punishment of crimes against trade union leaders and members. Between 2001 and 2020, there were a total of 966 convictions relating to acts of anti-union violence, of which 815 concerned homicides of members of the trade union movement.

The figures for murders in Colombia show enormous progress in the reduction of violence. While in 2002 there were 16,382 murders, in 2020 there were 455, or a reduction of 97.2 per cent. The State and the social partners are continuing to show commitment to combating anti-union violence, the rapid investigation and punishment of those responsible for homicides and to seeking a peaceful working environment.

This Committee must recognize the positive efforts made by the Government and the social partners and call for continued progress and the provision of information on this subject in the next regular report.

Second, under the terms of section 200 of the Penal Code, the Office of the Prosecutor-General of the Nation has given priority to cases denounced under section 200 of Act No. 599. The data provided by the Government on cases of potential violations of section 200 of the Penal Code show that the claims of “complete impunity” made by trade union confederations in relation to the application of this provision are not accurate.

There were 2,727 cases between 2011 and October 2020. Of these, 91.02 per cent have been completed, and only 8.98 per cent are under investigation. It is an error to consider that the criminal justice system must assume a leading role in the management of industrial relations. As a mechanism ultima ratio, the penal system, as in all democratic countries, takes action when there are no other ways of preventing and resolving legal disputes.

There has also been significant progress in processes for the investigation and prosecution of this crime.

The Office of the Prosecutor-General and the criminal justice system act in total independence, thereby ensuring that there is appropriate and adequate justice in carrying out investigations, irrespective of their outcome. In this respect, the Employers’ group invites the Government to continue providing information on the progress made with investigations and their outcome in its next regular report.

Third, with reference to trade union contracts, they are a form of collective bargaining in Colombia, and it is therefore strange that they are referred to in the examination of this Convention rather than, as they should be, in the examination of Convention No. 98.

If the Committee of Experts wishes to go into the origins or reasons for the creation of unions with a view to the conclusion of trade union contracts, which could be contrary to Article 2 of the Convention, in the sense that it should imply an abuse of rights, it should also raise the issue of those unions in Colombia that are established merely to give apparent legal form with a view to extending protection to more workers than those already protected as founder members, leaders or those engaged in the negotiation of collective agreements in the original union. In such a case, we would be confronted by an abuse of the freedom of association proclaimed by the Convention, with the need to develop a conceptual definition and undertake a full analysis of all the related situations.

The Constitutional Court has upheld the autonomy of trade unions to conclude trade union contracts, which seek to promote the right to free and voluntary collective bargaining, while strengthening the right to organize, with a view to generating employment for the members of the union through more dynamic union action.

The concept of trade union contracts does not contravene the provisions of the Convention. It is a legal concept that is defended by trade union confederations, such as the General Confederation of Labour (CGT) of Colombia, so that they can maintain constant dialogue with the employer, increase the number of members and obtain greater benefits for workers. The Committee of Experts must not pursue its examination of this matter.

Fourth, with regard to the allegations concerning the cancellation of trade union registration, in Colombia, a trade union can only be dissolved by means of the judicial procedure set out in the law. It cannot be dissolved by administrative means, which is compatible with Article 4 of the Convention. For a trade union at whatever level to be dissolved, it must be in one of the situations established in section 402 of the Substantive Labour Code.

The mere existence of any of the grounds is not sufficient, and there has to be a court ruling ordering dissolution. Moreover, in Colombia, the judicial authorities enjoy independence and autonomy in their decisions in relation to the other branches of the public authorities. With reference to the time limit of five days to challenge a request for the cancellation of their legal personality, due to an illegal strike, the time limit is reasonable and proportionate, taking into account the fact that such a ruling is the result of previous judicial action in which the trade union concerned has participated. Moreover, States have a discretionary margin to determine their own internal procedures.

The Committee must conclude that the strengthened regulation of freedom of association in Colombia in relation to the cancellation of trade union registration is in conformity with the Convention and in compliance with the objective of protecting trade unions.

Worker members – The discussion on the right to freedom of association in Colombia is long overdue. The last time this case was discussed here was 12 years ago, in 2009, despite its regular presence on the long list.

I would like to clarify that, contrary to what the Employer spokesperson said, the list does not contain any case of progress. In order for a case to be considered as a case of progress on the list, the case must be explicitly identified as such by both spokespersons, and this is clearly not the case here.

On 28 April 2021, Colombian workers, led by an alliance of trade unions and social movement organizations, began to demonstrate peacefully across Colombia. Fundamentally, the protests are a reaction to a series of measures promoted by the Government, including a tax reform bill that would deepen income inequality, as well as regressive labour law and pension reforms. The trade unions have not been consulted on these proposed reforms, and these measures stoked the resentment of workers whose lives had been devastated by the COVID-19 pandemic, and saw no meaningful relief forthcoming from the Government.

The ILO supervisory system has repeatedly found that trade unions, “should be able to have recourse to protests, strikes, in particular when aimed at criticizing a government’s economic and social policies”. That is exactly what is happening in Colombia today.

Despite the peaceful nature of the protests by the trade unions and other civil society organizations, the State has responded with extraordinary levels of violence, as it has most recently in 2019. Hundreds of videos from ordinary people demonstrate a brutal and indiscriminate use of lethal and non-lethal weapons against citizens that violate Colombian and international law.

The NGO Temblores, a credible and widely cited source of information on the protests, reports that, as of 31 May, there have been nearly 3,789 incidents of violence perpetrated by the State, including by the military and the elite anti-riot police force, ESMAD. As a result, 45 people have been killed by the security forces, 1,248 people have been wounded, 1,649 protesters have been detained arbitrarily, and 25 people have been victims of sexual violence. The number of disappeared has not yet been tabulated. This must end now.

The Worker members urge the Government to immediately withdraw the military and to guarantee that the police do not intervene in the course of peaceful demonstrations. The Government must also urgently investigate and prosecute all security force members who have committed human and trade union rights violations. Of course, to end the protests, the Colombian Government must engage in effective and good faith negotiations with Colombian trade unions and civil society whose needs have been, so far, ignored.

These facts alone justify the examination of this case, but they are just the most recent events in a decades-long attack on trade unions in Colombia. Once again, the Committee of Experts has expressed its deep concern regarding the persistence of anti-union violence. The persistence of the violence is evidence of the failure of the Government to implement the peace accords. Anti-union violence is increasing, and is especially intense in the rural sector.

I will not read aloud the horrific statistics, as many of them are already in the Committee of Experts’ report. I will only underscore that, since 2016, 119 trade unionists have been murdered in Colombia for carrying out their lawful activities as of May 2020, and nearly 700 have received death threats.

To this we must add thousands more deaths since 1986, when statistics were first kept. We need to reflect on how the international community has allowed this to happen, and if this was somehow normal or acceptable. It is shocking that, even today, the Government and some employers still deny that there was, and continues to be systematic persecution against unions. This is one of the reasons why the violence continues. While we do note that the number of investigations and prosecutions into these murders has increased over the last 20 years, the rate of impunity remains high, and the devastation wrought on the individuals, their families and their unions will never be fully repaired.

Of particular concern, we note that despite having been raised repeatedly, the measures to protect trade unionists are still insufficient. Only a fraction of requests for protection submitted in 2019 and 2020 have been examined and, owing to budget costs, protective measures were discontinued to roughly half of the recipients.

The participation of trade unions in the process of the determination of protection measures has also been diminishing.

Violence and the threat of it are not the only danger to the trade union movements. We have noted in recent years that the Government has replaced associated worker cooperatives with the so-called “trade union contracts” to maintain illegal labour intermediation. However, the result is largely the same. Now, an employer enters into a contract with a so-called union, which acts as an employment agency and sends labour to an employer with which it has a contract. These trade union contracts are not managed by independent unions, and indeed they receive financial support from the employer. As such, workers have little say over the terms and conditions of their work and no say over the management of the so-called union. Despite repeated protests from the trade unions the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC), the Government has taken no meaningful enforcement action or legislation to prohibit the proliferation of these contracts, which are concentrated heavily in the health sector.

Further, the Government has failed to give any effect to the conclusions of Case No. 3137 of the Committee on Freedom of Association on the issue of trade union contracts. Indeed, the State is also doing very little with regard to violations of the right to freedom of association generally, which carries criminal sanctions under section 200 of the Penal Code. There has still not been a single conviction under this law, despite widespread violations, including violations committed by the State. This includes the case of the major Colombian air carrier, as was recently determined by the Committee on Freedom of Association in Case No. 3316 in March 2021. The Government has not complied with that decision and the legislation in relation to strikes in essential services has not been revised.

Other measures now being employed to eliminate trade unions include the use of a special procedure in section 380 in the Labour Code for the cancellation of union registrations. It is a brief summary process and all guarantees and safeguards for the union, its leaders and workers are virtually removed. In 2020, there were several alarming cases, including that of SINTRAINAGRO, where a company filed suit to dissolve the union following an alleged illegal stoppage.

We agree with the Committee of Experts, which has reiterated that the cancellation of trade union registration constitutes an extreme form of interference that must be confined to serious violations of the law after exhausting other less drastic means of action for the organization as a whole. It is important for such measures to be accompanied by all the necessary guarantees, which can only be ensured by normal judicial procedures.

There is more to say and you will hear from the Worker representative of Colombia and from other countries before I make my concluding remarks.

Employer member, Colombia – The case of Colombia should not have been included on the list of individual cases and the Committee should have concluded that this is a case in progress, as I will explain.

With respect to anti-union violence, since the last examination in 2009, the ILO has been providing support to the Government and the social partners in the country to strengthen social dialogue and bring the law and practice into conformity with this and other Conventions. The 2016 Peace Agreement was a significant step for Colombian citizens in achieving a climate of social understanding. The firm support for this agreement by the ILO Director-General and the international community commits us, as employers, even more to this understanding with the workers and their organizations. Colombia, which is still in the process of implementing the agreement, continues to be affected by illegal armed groups, whose financing comes essentially from drug trafficking and money laundering, and which use violence to attempt to impose their will on all sectors of society.

Therefore, for the examination by the ILO and based on our rejection of all acts of violence, it is important to differentiate between the types of violence suffered by the general population and the specific forms of violence related to the exercise of freedom of association.

The Colombian State has taken action for the protection of union leaders and activists, which has been recognized positively by the Committee on Freedom of Association in Cases Nos 2761 and 3074.

The Committee of Experts has also highlighted the significant progress in the investigation and prosecution of crimes against trade unionists and leaders, with investigations and sentences that clarify the facts and convict the perpetrators.

We have seen the Government's effort to allocate enormous resources and provide protection and prevention plans for trade unionists and other threatened groups.

We reiterate our rejection of any acts of violence against employers or trade unionists, or any Colombian, and we support the action of the authorities to ensure protection, and to investigate and convict the perpetrators.

We call on the trade union federations to kindly focus on the development of economic and labour policies, with tripartite agreement, which, beyond ideological differences, will ensure the recovery of enterprises and increase jobs for social well-being. We must, with the support of the ILO, use social dialogue to build consensus around common goals.

With respect to crimes against freedom of assembly and association, the Office of the Prosecutor-General, an independent investigative body, has recently provided precise data on the manner in which it has resolved most of the complaints. Colombia is one of the few countries in the world that has considered that violations of freedom of association must be punished as a crime with prison sentences, which demonstrates the strong commitment to comply with the Convention. The Committee cannot maintain that justice only operates when there are convictions. Withdrawal, conciliation, estoppel, the shelving of investigations and acquittal are also forms of justice.

Regarding trade union contracts, these are a form of collective bargaining and not the establishment of a trade union, and the Committee of Experts should therefore have addressed this issue under Convention No. 98. In Colombia, trade unions enjoy full autonomy to organize and are free to conclude agreements with employers, which include, to a small extent, trade union contracts. In addition, it is only necessary to deposit, not register, the establishment of a trade union with the Ministry of Labour, which automatically grants the trade union legal personality to act, and this can only be challenged through the courts.

As indicated by our spokesperson, if the ILO wishes to go further into the reasons for the establishment of a union, we must also explore the “trade union carousel”, which is a concept that, in our opinion, constitutes a breach of the law because, as well as weakening workers’ unity, it distorts the protective purpose of union rights and of collective bargaining itself. Trade union contracts do not contravene the Convention and are defended by the CGT. Since 2018, the Office has had a comprehensive document provided by the CGT explaining the content, use and scope of trade union contracts.

Regarding the cancellation of trade union registration, in Colombia the process of the cancellation of trade union registration requires a judicial decision ordering dissolution in order to provide constitutional protection to the right to organize, as the judicial authorities in Colombia enjoy independence and autonomy in their decisions. Colombian legislation is thereby in conformity with Article 4 of the Convention and with the Committee on Freedom of Association, which has indicated that “cancellation of a trade union’s registration should only be possible through judicial channels”.

Lastly, with respect to strikes, the Employers have always maintained that the Convention does not contain or implicitly recognize the right to strike. In the preparatory documents for the Convention, at the Conference in 1948, it is stated that “the proposed Convention relates only to freedom of association and not to the right to strike”. It is not therefore for the Committee of Experts to examine this issue, nor for the Conference Committee to discuss or adopt conclusions on it. I conclude by calling for interventions to be limited specifically to the matters referred to by the Committee of Experts in its report and not to address other issues beyond that.

Worker member, Colombia – The workers of Colombia welcome the fact that, after 12 years, Colombia is once again being called upon for the terrible violations of freedom of association. Not only has the Committee of Experts noted serious violations of freedom of association and the right to collective bargaining and to strike, the Committee on Freedom of Association has noted that Colombia is the country with the most cases of murders, discrimination and legal provisions that impede freedom of association.

The Inter-American Court of Human Rights has already condemned and is considering proceedings against forced disappearances, murders of trade unionists and acts involving loss of sight during protests.

Trade partners such as Canada, the United States of America, the European Union and bodies such as the Employment Committee of the Organisation for Economic Co‑operation and Development (OECD) have reported anti-union violations, impunity and legislative obstacles restricting the application of the Convention.

For years, Colombia has been ranked among the ten worst countries in the world for workers, and the nine worst for murders. In the last 12 years, the country has suffered 4,888 violations of the life and integrity of trade unionists. Although the Government has said for years that these were crimes related to the armed conflict, the truth is that even after the signing of the Peace Agreement with the guerrillas of the Revolutionary Armed Forces of Colombia (FARC), violence against social leaders, including trade unionists, is continuing and is increasing. Since 2016, in the five years since the conflict, we have suffered more than 1,120 human rights violations, with 696 threats, 6 forced disappearances, 4 kidnappings and 119 murders.

The comrades who have suffered the most violations have been teachers, prison workers, rural workers and those in the mining and energy sector for defending their rights against transnational companies and trying to establish peace in their territories, as well as in the health sector, where they have been persecuted for denouncing corruption in the management of resources.

The situation was already serious before the social protests that began with this year’s national strike, which the trade union confederations, among others, called in response to the serious social crisis.

But, since 28 April, as more than 800 municipalities have engaged in peaceful protests in the country’s capitals and highways, and an emergency statement was presented a year ago, the most violent reactions against the population in Colombian history have been unleashed, instead of prompting the Government to call for negotiation.

The police, military forces and even armed civilians, using excessive force against protestors, in a warlike approach, have resulted in, as of 31 May, 3,789 cases of violence: 1,248 victims of physical violence, 45 murders, 1,649 arbitrary detentions, 705 violent interventions in peaceful protests, 65 victims of eye injuries, 25 victims of sexual violence and 89 or 346 disappeared persons, depending on whether the source is official or non-governmental.

In relation to the Government's intervention, we wish to make a clarification concerning the 611 new unions established. False unions have been established, particularly in the health sector, for labour mediation through trade union contracts, which have been used since 2011, replacing false cooperatives, which were banned due to such practices. The 960 convictions for anti-union crimes account for fewer than 6 per cent of the more than 14,000 acts of anti-union violence over the past 30 years. Of the 865 complaints filed over the five years to date for violations of the right to organize, 82 per cent have been shelved without any investigation, and in ten years, according to what they are now telling us, there have only been four supposed convictions. Today there are only 292 protected trade unionists. Although over 8,570 protection measures have been requested since 2016, fewer than 38 per cent of them have been evaluated and only 3.45 per cent have been granted. Of the trade unionists who have reported that their lives are endangered, 96 per cent remain unprotected.

The law restricts strikes in non-essential services in the strict sense of the term, allowing for strikers to be dismissed, unions to be dissolved and even for convictions ordering the payment of millions of dollars in alleged damages.

The Government celebrates the decrease from 205 murders of trade unionists in 2001 to 14 in 2020, as if this were an acceptable or better figure. This is an insult to the memory of the 1,352 comrades murdered over the past 20 years.

We Colombian workers call for a high-level tripartite mission to visit Colombia; a plan to be established in which the Government complies with the conclusions of this mission, thereby ending anti-union violence, stigmatization and impunity, and guaranteeing response, prevention and individual and collective protection measures; the adoption of legislative reforms to prevent false unions engaged in labour mediation; the commencement of collective compensation for the union movement; and effect given to the recommendations of the ILO supervisory bodies.

As a matter of urgency, human rights violations against peaceful social protests must cease, and there must be effective negotiation in good faith of the emergency statement presented by the National Strike Committee.

Government member, Portugal – I have the honour to speak on behalf of the European Union (EU) and its Member States. The Candidate Countries, Montenegro and Albania, the European Free Trade Association (EFTA) country Norway, member of the European Economic Area, as well as the Republic of Moldova, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the right to organize and freedom of association. We actively promote universal ratification and implementation of fundamental international labour standards, including this Convention. We support the ILO in its indispensable role to develop, promote and supervise the application of international labour standards and of fundamental Conventions in particular.

The EU and its Member States cooperate closely with Colombia both in the context of the cooperation agreement with the Andean community, as well as at the bilateral level. The Trade Agreement between Colombia and the EU, in force since August 2013, also includes a joint commitment to sustainable development, including respect for labour rights.

In line with the Committee of Experts’ assessment and in view of the magnitude of the remaining challenges in the implementation of the Convention described in its last report, we acknowledge the significant action taken by the public authorities. We note, with contentment, the significant increase in the number of convictions for acts of anti-union violence, thus breaking the cycle of impunity.

However, we regret that, despite these achievements, anti-union violence persists in a context of the growing number of attacks against social leaders, with the agriculture, education, transport, mining and energy sectors being the most affected. We are particularly concerned about the numerous reported murders of trade union leaders, attempted murders, disappearances and death threats against trade unionists, as well as the alleged surveillance of leaders of the trade union movement.

We would welcome more information from the Government on its efforts to improve the effectiveness of the investigations and criminal proceedings undertaken to identify and punish the instigators and perpetrators. We also request the Government to provide detailed information on allegations of surveillance.

We fully support the Committee of Experts’ call urging the Government to continue strengthening its efforts and increase the resources allocated to providing adequate protection for all trade unionists at risk. We also request the Government to assess the effectiveness of section 200 of the Penal Code and its enforcement, in consultation with social partners, and to provide a report of its outcome and any action taken as a result.

We take note of ruling SL 1680–2020 of the Supreme Court and would like to echo the Committee of Experts’ repeated calls to amend provisions of the Substantive Labour Code. We urge the Government to take the necessary measures in the near future to amend the legislative provisions regarding essential services and section 417 of the Code, which curtails federations’ and confederations’ right to strike. The Convention also applies to federations and confederations, and therefore they must have full freedom in determining their programmes and organizing activities.

We also seek additional information on the reasons behind the very short procedural time limits set out in section 380(2) of the Substantive Labour Code, which led to the cancellation of several trade union registrations.

Finally, we would like to express our concerns regarding the violence during the recent social protests in Colombia, deeply regretting the loss of many lives and the thousands of injured. People in Colombia, as anywhere else, have the right to peaceful protests. This right, together with freedom of assembly, association and freedom of expression is essential to any democracy and must be respected and protected, not suppressed by force. Thorough independent investigations of human rights abuses and violations must be undertaken promptly and in a transparent and effective manner. Inclusive social dialogue and negotiations that result in concrete actions are the only viable path to overcome this profound crisis.

The EU and its Member States will continue to monitor the situation and remain committed to our close cooperation and partnership with Colombia.

Government member, Barbados – I am making this statement on behalf of a significant majority of Latin American and Caribbean countries. We welcome the delegates of the Government of Colombia, in particular the Minister of Labour and the Attorney-General, who have provided the Committee with updated information. We thank the Government of Colombia for the presentation of its progress report on the follow-up to the observations of the Committee of Experts on the Convention.

We have taken note of the efforts of the Government of Colombia to advance investigations and fight impunity. We join the Government in rejecting the acts of violence committed against trade union leaders and unionized workers.

We recognize, as does the Committee of Experts in the report of February 2021, the significant actions taken by the public authorities and that today, according to the information transmitted by the Government, more than 960 convictions for crimes against trade unionists have been made. We encourage the Government to continue its efforts to advance investigations and punish the guilty, as well as to continue to protect workers and trade unionists.

We note with satisfaction the work done with the ILO to systematize and analyse the judicial decisions issued as a result of investigations into crimes committed against trade unionists.

We acknowledge the collective bargaining process that is under way in the public sector, and encourage all actors to continue working within the framework of social dialogue to reach an agreement for the benefit of workers. In the same vein, we hope that progress will continue to be made on collective redress measures for the trade union movement.

We welcome the information that highlights the creation of new trade unions in Colombia, and we hope that union organizations will continue to grow.

The work that is being carried out in the Subcommittee on International Affairs to create a road map to advance the observations of the Committee of Experts regarding the Conventions that Colombia has ratified, in a tripartite manner and with the technical assistance of the ILO, is very important. We therefore encourage the continuation of work in this direction.

Finally, we encourage the Government to continue its efforts to implement its commitments under the Convention and hope that the ILO will continue to provide technical support to the Government of Colombia.

Employer member, Guatemala – First, I would like to say that four years after the Peace Agreement was signed, the cycle of violence in Colombia has not entirely stopped, and violent acts continue to be perpetrated by criminal organizations that violate the human rights of the general population.

Consequently, in Colombia, like in other Latin American countries, not every act of violence against a trade union leader is related to their work. Employers reject all acts of violence in general, including those against trade union leaders which, like all cases of violence, must be solved.

Colombia has implemented initiatives to protect trade unionists which have been acknowledged in general by the Committee of Experts and the Committee on Freedom of Association in Cases Nos 2761 and 3064. Between 2002 and 2020, murders of trade unionists fell by 97 per cent and there were 966 convictions in relation to anti-union violence.

Second, with regard to section 200 of the Penal Code on the violation of freedom of assembly and association, 91 per cent of the 2,727 cases of suspected violations of that section between 2011 and 2020 have been closed. Although it is recognized that there are complaints, there has also been significant progress in the processes of investigating and prosecuting this crime.

Third, the Employers’ group has always maintained that none of the Articles of the Convention contain implicit recognition of the right to strike. This is confirmed in the preparatory documents for the Convention; as the reports of the Conference at the time state that the proposed Convention relates only to freedom of association and not the right to strike. We therefore believe that the Committee of Experts should not continue to examine this issue.

With regard to strikes and essential public services, Colombia has defined the issue in its legislation, which the country’s higher courts have reviewed and deemed to be in accordance with the provisions of its political Constitution and the relevant ILO Conventions.

Worker member, Nicaragua – In Colombia, the destruction is continuing of democracy and the social State under the rule of law, and an authoritarian Government is being strengthened that is selling a false democracy to impose a dictatorship, in which violence and impunity reign for those who repress and violate citizens’ rights. The constant violation of freedom of association, precarious labour conditions and the denial of rights are some of the pillars that are generating further social inequality, higher levels of poverty and rising unemployment among the working class in Colombia.

The Colombian Government indicates that it is in compliance with the Convention, but that is not the reality. The constant violation of human rights can be seen in the ongoing murders of trade union leaders, the use of repression against demands for a fairer society and the criminalization of protests and social demands.

Rather than settling disputes and reaching agreements with the trade union leadership to resolve labour and social problems, the Government is interfering in the internal affairs of neighbouring countries and is failing to listen to the various national and international bodies that condemn the murders of the young workers and citizens who are protesting for a more equitable society.

The most sacred right of all human beings is the right to life, which today is being systematically violated by the current Government. The right to organize and to collective bargaining is also considered a human right and thus must be respected, as set out in the Convention, which also establishes the right to strike to demand compliance with labour laws and collective agreements.

These are our words of solidarity and certainty that the workers of Colombia love peace and tranquillity, but that today they are forced to call for and demand full freedom of association, respect for life and the restoration of the right to a better life with a more equitable distribution of wealth. May justice be done by convicting those who have stained their hands and conscience with the blood of the Colombian people. Justice and truth must prevail over slander and lies.

Employer member, Mexico – Before referring to the specific case, I would like to make a comment to this Committee on the procedures for the selection of cases that we seemed to have moved beyond. It seems obsessive to focus on issues from the Americas in relation to the Convention. Serious issues are raised in the report of the Committee of Experts that have unfortunately not been included, in contrast with a case such as that of Colombia, which should not be chosen as a case, because it has been duly addressed, with the continuing process of the implementation of the Peace Agreement, and the harmonization of society, which is showing progress even in the climate of violence that is currently being experienced.

This progress is reflected in the constant action to guarantee the exercise of freedom of association, which has been recognized by the ILO supervisory bodies, and particularly by the Committee on Freedom of Association in more than one case, as already mentioned by Alberto Echeverría, the Employer representative of Colombia.

What is being said in this virtual meeting demonstrates the will that exists to continue making improvements and, to that end, it is necessary to strengthen social dialogue, which undeniably depends on the Government’s active participation with the representatives of the most representative workers’ and employers’ organizations.

In few countries is freedom of association protected to the extent that the violation of this right is considered a crime. There are always opportunities for improvement, but that cannot be achieved by discussing this case without recognizing the progress made in Colombia. Problems of violence in general are being confused and the attempts that are being made to link them to violations of the Convention are clearly unfounded.

It is necessary to disregard the opinions of the Committee of Experts and the accusations that are not supported by evidence, such as those related to strikes, which are not covered by the Convention; and to encourage the Government to continue making efforts to consolidate action for the pacification of the country.

Worker member, United States of America – The Committee and Labour Congress aligns itself with this statement. The American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) is deeply concerned with the continued promotion of measures meant to undermine trade unions, and to divest workers of their ability to freely associate and bargain collectively. Previously, this was accomplished by the promotion of “associated labour cooperatives” which were employer-created structures for the express purpose of excluding workers forced to work under them from the protections of the Labour Code. While the false cooperatives are now largely gone, a new structure has taken its place.

The so-called contrato sindical (“union contract”) has been predominant in the health sector, as well as the education and agricultural sectors, compounding the difficulties workers already face. Through the contrato sindical, the legislation allows a so-called union organization to operate as a temporary service company, and additionally provides that the workers are not recipients of labour rights. This structure is a complete distortion of the purposes of the right to freedom of association and collective bargaining. The contrato sindical is still allowed under the Colombian Labour Code and in Decree No. 36 of 2016.

Despite the obvious abuse, to date there has been no effort to sanction their use when used for illegal labour intermediation through labour inspection, and no effort to advance a reform that would eliminate them from Colombian law. The Government must move legislation that effectively prevents illegal labour intermediation, including by eliminating the use of the contrato sindical.

Chairperson – I would like to inform you that the Government of Colombia has raised a point of order on the failure to abide by parliamentary language, as is customary in our Committee. I would like to invite all Committee members to use parliamentary language.

Government member, Canada – Canada thanks the Government of Colombia for the information presented to the Committee. Since 2018, Canada and Colombia have worked to resolve the long-standing problems affecting workers in Colombia which relate in particular to freedom of association and the right of association.

Canada welcomes the efforts made by Colombia in recent years, particularly the work undertaken by the Elite Group of the Office of the Public Prosecutor, to bring an end to impunity in cases of murders and threats against trade unionists, as well as the coordination carried out with the Ministry of Labour. These specific measures have prevented crimes against trade unionists and protected freedom of association and the right to collective bargaining, although there remains much work to be done. For that reason, Canada requests that the Government of Colombia intensify its efforts.

Firstly, it should mobilize the social partners to assess the effectiveness of section 200 of the Penal Code and its application.

Secondly, it should remove the legal instruments used to weaken workers’ fundamental rights to form associations and bargain collectively, such as collective agreements, which undermine trade unions’ independence and core functions.

Thirdly, it should assess periodically the effectiveness of the strategies proposed by the Office of the Public Prosecutor with regard to investigations into murders and threats against trade unionists.

Canada remains committed to working with Colombia as a partner and to supporting its efforts to resolve these issues of concern.

Employer member, Argentina – I will limit my comments to only certain of the aspects that have been examined by the Committee of Experts.

First, as highlighted by the Employer spokesperson, Mr Mailhos, the Convention does not contain any provisions on the right to strike. Furthermore, the preparatory work that preceded the adoption of the Convention makes it clear that the Convention does not regulate the right to strike. This is also the opinion of the Government group of the Governing Body, and we have been pleased to hear the Government of Colombia recall this important point.

Consequently, the request by the Committee of Experts for the Government to amend the law respecting strikes and essential services has no basis in the Convention. The Government is not obliged to consider this request, and the Committee’s conclusions should not address this issue.

With regard to trade unions, they are not legal persons that are above the law governing all other organizations in any country, and if legal requirements exist for their establishment, they should also exist in relation to their dissolution. And, in that sense, the intervention of the courts is essential and undeniable if this is to be the case. They cannot be outside or above the law, as they have rights and obligations in the same way as any other entity.

Government member, Honduras – We welcome the information provided by the representatives of the Colombian authorities, through the Minister of Labour, on progress in compliance with the Convention.

We appreciate the efforts of the Government of Colombia to respond to the observations of the Committee of Experts, and particularly the progress made in combating impunity and protecting trade union leaders. These efforts have been recognized by the Committee of Experts.

We highlight the information from the Colombian Government on the reduction in the number of murders and the significant increase in convictions, which to date total 960. We believe that the examination and systematization of convictions, undertaken jointly with the ILO, is very important and we encourage the Office to continue this type of activity and joint work.

We welcome the progress in implementing the Peace Agreement, particularly the approval of the respective projects, the restitution of lands along rural roads, and the policies for persons formerly linked to armed groups who can be reintegrated into society. We highlight the establishment of the National Reintegration Register (RNR). We also draw attention to the measures adopted to ensure the collective compensation of the trade union movement.

We encourage the Government to continue working with the tripartite partners on the road map in order to make progress on the legislative matters that have yet to be addressed.

Worker member, Uruguay – The Workers are in complete disagreement with the idea that this is an ongoing case or a case of progress, not only because of the number of years that we have been denouncing what is happening in Colombia in terms of workers’ deaths and murders, but also because of the figures that have been manipulated. In any case, in all likelihood what is ongoing or in progress is another death of a trade union leader or further repression of young people who want to demonstrate, but who instead lose eyes or end up maimed as a result of repression by state terrorism in Colombia, something that continues from one Government to another.

There are no human rights violations, there are no deaths or murders that are not related to the social struggle led by these young people and trade union leaders. Or in any case, if there are any cases that are not related, they are the exception. As a general rule, they suffer human rights violations while fighting for a better, more democratic, egalitarian and inclusive society. That is the struggle that Colombians have been pursuing for a very long time, despite the way they have been treated, namely through repression by state terrorism and by paramilitary groups with financing from who knows who.

Incidentally, speaking of funding, I want to be clear, once again, that for workers the right to strike is a fundamental pillar of freedom of association and, in contrast, trade union contracts are part of the trade union mafia. We have nothing to do with them, nor do they represent us, and there is a reason why employers defend trade union contracts. Indeed, trade union contracts have nothing to do with the true trade union struggle, they are part of a mafia that we reject. Of everything that has been said by Governments and some employers, the only thing with which we agree is that much remains to be done. Therefore, we want the ILO to come down as hard as necessary on this hypocrisy and on this process that has been under way in Colombia for very many years.

Government member, United States of America – The United States Government and the Government of Colombia continue to cooperate closely to ensure the rights of workers. Since 2017, cooperation has intensified under consultations between points of contact under the US–Colombia Trade Promotion Agreement labour chapter.

We are encouraged by some of the Government’s meaningful efforts to better protect the right to freedom of association in Colombia, including increasing the number of labour inspectors in the career civil service and strengthening the legal framework for criminalizing threats against human rights defenders, such as trade unionists, by adding article 188(e) to the Penal Code in 2018.

However, significant challenges remain. The Committee of Experts noted with deep concern allegations of the persistence of anti-union violence, as well as slow progress to hold perpetrators accountable. Similarly, there are freedom of association challenges that the Ministry of Labour must address. Existing measures and mechanisms remain insufficient to prevent and investigate the violations of rights under this Convention. For example, between 2018 and 2020, there was only one instance of charges filed for the threatening of a trade unionist, and no convictions in cases under article 188(e) or 347.

We call on the Government to take immediate action to ensure freedom of association in both law and practice. To that end, this requires:

• further addressing homicides of trade unionists and ensuring a climate free from intimidation and violence by increasing efforts and resources to investigate, prosecute, and hold perpetrators accountable, including those responsible for ordering these acts;
• assessing and strengthening the effectiveness of section 200 of the Penal Code and its enforcement;
• ensuring a sufficient budget to adequately inspect for and sanction violations related to the right to freedom of association; and
• conducting directed inspections in priority sectors and ensuring fines are collected.

We value the collaborative relationship and credit the Government of Colombia for the progress to date. However, critical and urgent work remains to be done to address these long-standing issues. We remain committed to engaging with the Government in making necessary strides to advance worker rights in Colombia.

Employer member, Honduras – We are grateful for the information provided and we support the comments made by the National Employers Association of Colombia (ANDI) emphasizing that employers’ organizations, and in this specific case the ANDI, has not accepted and will not accept any type of threat, homicide, kidnapping or other form of violence or act of discrimination against the working class.

We endorse the call made by the ANDI to keep making efforts to strengthen social dialogue as a necessary tool for the reinforcement of democracy.

We urge the Government of Colombia to continue strengthening internal mechanisms and the expedited investigation and prosecution of those responsible for crimes against trade union leaders and members. And particularly with a view to maintaining the efforts to seek a peaceful working environment, as noted by the Committee of Experts in its most recent observation in 2020, Honduran employers recognize the efforts made by the Government of Colombia to provide adequate protection to all trade union leaders and members who are at risk.

We request the Committee to consider this as a case of progress.

Worker member, United Kingdom of Great Britain and Northern Ireland – On 28 April, a mass protest coordinated by the Colombian trade unions took to the streets in many regions of the country. The protest grew and achieved its planned peak on May Day, a traditional day for trade union protest. Estimates range from many hundreds of thousands, to millions of people on the streets. The protests were targeted at proposed tax reforms, as well as growing inequality and the faithless lack of implementation of the country’s peace process.

We note that, as provided for in the Convention, trade union rights include the right to organize public demonstrations, and that any intervention of the forces of order should be in due proportion to the danger to law and order.

However, human rights organizations monitoring the response to the protests have documented abuses by the authorities up to 31 May, including 3,700 cases of police violence, with at least 45 deaths of protestors, and 1,600 cases of arbitrary detention. There were also 25 victims of sexual violence, and 65 eye injuries. The latter prompted one Government-supporting senator to tell NGOs to, “stop crying over one eye”.

Police have also failed to stop private citizens opening fire on protests, in one case injuring ten indigenous protestors. There are also reports of protesters being taken to clandestine centres of detention, raising the risk of forcible disappearances.

On 28 May, the Government implemented a decree giving the armed forces a greater role in controlling protests. This draws on a section of the country’s Police Code allowing “military assistance” “in the face of imminent risk or danger, or to confront an emergency or public calamity”. We note that this huge protest has been largely peaceful, and that there is no emergency other than that being caused by the Government’s actions.

We note that the Government has attempted to portray legitimate protestors as terrorists and criminals to justify repression and reduce public sympathy. In a country where 65 social leaders have already been murdered in 2021, and where, since the Peace Agreement, 270 former Colombian Revolutionary Armed Forces (FARC) combatants have also been killed, this tactic not only undermines the freedom to protest, but places lives in real danger.

Government member, Switzerland – Colombia has been on the Committee on Freedom of Association’s list since 1952. Over the past 70 years, the Committee on Freedom of Association has closed 167 cases, while 22 cases are still active and 25 cases are being followed up. Most of the complaints relate to allegations of violence against trade unionists and impunity.

Switzerland recognizes that significant efforts have been made by the Government to improve the situation over the years, but there has been a deterioration over recent months. The population of Colombia, as well as trade unions, are confronted on a daily basis by organized crime and other forms of criminality. This has the consequence of slowing down the sustainable development of a well-functioning economy and imperilling human rights and the rule of law.

Switzerland therefore calls on the Government to continue its efforts to eliminate all forms of violence against trade unionists, and particularly the murders, attempted murders, forced disappearances, death threats and homicides referred to in the reports of the Committee of Experts.

Switzerland is continuing to cooperate with Colombia in the various fields of economic development and at the same time expects Colombia to accelerate its draft reform of the Penal Code and the Labour Code, in consultation with the social partners, in order to bring them into full conformity with international labour standards.

Finally, Switzerland supports the conclusions and recommendations of the Committee of Experts and encourages Colombia to continue its efforts to promote social dialogue and ensure that it takes place in the necessary climate of confidence.

Employer member, Norway – Colombia has made significant progress in the process of protecting the right to organize. It is worth highlighting the progress in the prosecution of cases of deaths of trade unionists. Homicide rates directly related to the union function have decreased, considering the actions that have been implemented by the Government. Also, there has been progress in the professionalization of labour inspectors to protect the rights associated with freedom of association.

On trade union contracts and their impact on the application of the Convention, the Constitutional Court has reiterated the autonomy enjoyed by trade union organizations to enter into trade union contracts, which seek to promote the right to collective bargaining, while strengthening the right to trade union association, with the aim of generating jobs for the members of the trade union organization, in order to boost trade union activity.

Thus, the implementation of this bargaining model deepens the different types of agreement that can be reached in the framework of social dialogue to enable coordination and collaboration between employers and workers. To avoid the abuse of the trade union contracts, Colombian legislation has inspection, surveillance and control mechanisms that allow sanctions to be imposed in the event that illegal labour intermediation or the violation of workers’ rights is proven.

The concept of trade union contracts does not go against the provisions of the Convention. In fact, this is a legal figure defended by trade union organizations because it allows them to maintain a constant dialogue with the employer; to have a greater number of members; and to generate greater benefits for the workers.

Worker member, Spain – On behalf of the workers of Italy, Switzerland, Netherlands, the Nordic unions, Germany and Spain, I am taking the floor in this Committee to place emphasis on the harsh situation of the working class in Colombia due to the continued anti-trade union policy which, even though it reflects that of various countries on the American continent, is at a more constant and violent level.

We observe with concern that the Government of Colombia resists compliance with the requirements of international standards and the ILO supervisory bodies, thereby impeding action to bring an end to discrimination against trade unions, despite the international support that has been provided to Colombia by this Organization.

The low rate of unionization in Colombia is a result of anti-union violence, as well as the precarious forms of contracts and the use of nefarious concepts which, although legal, are in violation of the principles of freedom of association.

On the one hand, we have collective bargaining with non-unionized workers known as “collective accords”. Colombia registered no fewer than 222 collective accords in 2019, despite the Committee of Experts warning that where there is a trade union in the enterprise, collective accords must not be concluded with non-unionized workers. On the other hand, we have the so-called “trade union contracts”, which also distort the nature of trade unions.

Faced with these violations of the Convention, we call for specific measures to be taken to guarantee the exercise of freedom of association, for the Government to make good on its commitment to strengthen trade unions, that it accepts the recommendations of this Organization and of other international human rights bodies and stops its acceptance of anti-trade union policies, which have only further aggravated the situation that is today criticized in Colombia.

We recall that peace only begins where work is born, with the right to defend it.

Government member, Democratic Republic of the Congo – The Democratic Republic of the Congo (DRC) has followed with great attention the cases of the violation of the Convention. The cases reported are in strategic sectors for the life of this country, that is in the fields of education, transport, mines, agriculture and energy.

With regard to anti-union violence, the Government of the DRC endorses the sad observation made by the Committee of Experts concerning the various cases of attempted murder, and indeed murders of trade union leaders, and surveillance and tailing by members of the Colombian army. However, the Government of the DRC observes that all of this violence is not a result of the management of trade union movements by the public authorities, but rather the general situation of insecurity.

It should be noted that the Government of Colombia has adopted measures for the collective compensation of the trade union movement and indemnities for trade unionists following the disproportionate response by the public authorities.

With reference to the issue of the time limits established for the most diligent party to appeal under section 380 of the Substantive Labour Code, in view of the divergence of views, the Government of the DRC invites the public authorities to make use of the virtues of social dialogue with all the social partners to find an appropriate solution. The Government of Colombia should also seek ILO technical assistance.

Worker member, Bolivarian Republic of Venezuela – The workers of the Bolivarian Republic of Venezuela observe with great concern the escalation of violence affecting companions in trade unions and other social organizations in the Republic of Colombia which, instead of decreasing, has increased constantly since September 2019, resulting in the International Trade Union Confederation (ITUC) and the Trade Union Confederation of the Americas (TUCA) making complaints against the Government for manifest negligence in the prevention of violence by criminal groups against leaders.

The Government of Colombia has resorted to a militarized response to social protest, in violation of the universal right to freedom to peaceful demonstration. Uniformed police forces, police officers in civilian dress and para-police forces stop demonstrations using violence and firearms and selectively detain citizens, who are then disappeared.

In this warlike situation, the Government has adopted Decree No. 575 imposing military assistance on 8 governors and 13 municipal mayors, under a de facto partial state of internal upheaval, which is a virtual coup d’état in the Republic of Colombia.

In this regard, the Inter-American Commission on Human Rights has recalled the international obligations of the State of Colombia in relation to internal security and inter-American standards, which provide that the participation of armed forces in security operations must be extraordinary, subordinate, complementary, regulated and inspected, and that States shall respect, protect, facilitate and promote the right to social protest and any legitimate use of force shall abide by the principles of legality, absolute necessity and proportionality.

Venezuelan workers call on the Government of Colombia to respect the right to life, the right to organize in trade unions and the Convention, and from our country we send a big hug of solidarity to our Colombian companions.

Employer member, Brazil – The notable progress made in the country is clear since the last examination by this Committee in 2009, but what is strange is the inclusion of this case on the short list. In its report, the Committee of Experts recognizes and welcomes the Government’s active commitment, the effectiveness of state action through inter-institutional coordination, the measures and budget allocated to the protection of trade unionists, the many criminal convictions when violent crimes are investigated and the constant consultation with the social partners. I welcome the detailed reports provided by the Government, with very good results, in resolving the concerns of the Committee of Experts. Colombia has benefited from constant ILO support and has made a tripartite commitment through initiatives and projects that it has led. Accordingly, when examining the case of Colombia, the Committee is assessing the effectiveness of the ILO itself on the ground.

With regard to the cancellation of trade union registration, I emphasize that the grounds and the judicial procedure are set out in the law, and their application is therefore rational and proportional. The cancellation of registration occurs through due process, by decision of a judicial authority through two instances. It is therefore in conformity with the Convention and is in line with the recommendation made by the ILO supervisory bodies.

Finally, the Committee of Experts refers to strikes, in relation to which I reiterate the position of the Employer spokesperson that the Convention does not contain or explicitly recognize the right to strike and that it is not therefore for this Committee to examine and reach conclusions on this subject, as the right to strike is regulated at the national level in Colombia by specific laws.

Government member, Chile – The Government of Chile endorses the intervention made on behalf of the significant majority of Latin American and Caribbean countries. We thank the Government of Colombia for the report on the progress made in giving effect to the observations of the Committee of Experts on the Convention. We join with the Government in rejecting any type of violence against anyone exercising important trade union activities.

We also wish to emphasize that the Governments of Chile and Colombia are important strategic allies in labour matters. We have worked jointly on subjects covered by our bilateral trade agreement, engaging in cooperation activities and the provision of technical assistance, as well as undertaking important activities to promote employability in the Pacific Alliance.

We encourage all the actors to continue working within the framework of social dialogue to achieve an agreement that benefits workers and to continue promoting bodies such as the Special Committee for the Handling of Conflicts referred to the ILO with a view to resolving differences between the tripartite partners through agreement. This Committee seems to us to be very important, and we therefore encourage the parties to continue working in that context.

Finally, we call on the Government of Colombia to continue its efforts to promote freedom of association and the protection of the right to organize in its territory, and to protect the exercise of trade union rights by the workers of Colombia.

Employer member, Germany – Let me make a couple of comments on behalf of the German employers. The Committee of Experts has recognized the significant progress and efforts of the Colombian authorities, both in terms of the protection of trade union members at risk, and in relation to the clarification and punishment of acts of anti-union violence.

Likewise, the Committee of Experts has recognized and welcomed in its report the active commitment of the State, the initiatives taken to strengthen the effectiveness of the State’s action through inter-institutional coordination, as well as consultation with the social partners.

According to the information provided by the Government, significant progress has been made; proof of this is that, between 2002 and 2020, homicides against trade unionists have been reduced by 97 per cent and significant advances in the investigation and prosecution of crimes against union leaders and trade unionists have taken place.

The progress made and recognized by the ILO supervisory system is the result of the continuous work of social dialogue and of the activities and projects carried out with the support of the ILO.

Finally, I join my colleagues from the Employers who have spoken before me, and who will speak after me, in inviting the Colombian Government, workers and employers to continue advancing along the path of social dialogue and negotiation, which is ultimately the only one that really leads to true reconciliation.

Worker member, Mexico – We are concerned at and robustly reject the violations of the Convention and of ILO standards by the State of Colombia. According to the denunciations of the National Strike Committee and human rights organizations, during the period between 2020 and June 2021, hundreds of people, including trade union and social leaders, have been murdered, persecuted, disappeared and threatened for exercising their lawful right to peaceful social protest in support of labour and social rights in the country.

We consider it to be of the greatest importance for this Committee to urge the Government of Colombia to take all the necessary security and protection measures to guarantee the life and physical safety of our companion, Percy Oyola Palomá, President of the CGT, all the leaders of the National Strike Committee and, in particular, Colombian citizens.

This Committee must approve a high-level tripartite mission and request the State of Colombia to respect freedom of association and the right to collective bargaining, require the Government to ensure the effective implementation of social dialogue and tripartism, and establish on an urgent basis a dialogue and negotiation body on the six points of the emergency claims made by the National Strike Committee, including guarantees for peaceful protest and mobilization.

Employer member, New Zealand – I would just like to make two brief remarks in relation to this case. First, to highlight that, as we have been informed, Colombia has implemented a number of positive initiatives to advance the protection of union leaders and trade unionists, efforts that have been recognized by the Committee on Freedom of Association in the cases recently analysed.

The Committee of Experts and other ILO supervisory bodies have also noted with satisfaction the efforts made by Colombia and all of the institutions of that country to advance in the protection of trade union leaders and in the fight against impunity. For this reason alone, the case should not have been included on the Committee’s list this year.

Secondly, in relation to the observations of the Committee of Experts regarding the procedures followed in Colombia for the cancellation of a union’s registration, I would like to emphasize that, according to the information sent by the Government, this cancellation process is expressly carried out by judicial decision. In this sense, Colombian legislation is in line with what is recommended by the ILO supervisory bodies, which have indicated that “Cancellation of the registration of a union should only be possible through the courts.” According to the foregoing, the current legislation and the established procedures do not violate the provisions of the Convention, and again, the Employers believe that there is no case to answer.

Observer, International Trade Union Confederation (ITUC) – The appalling situation in Colombia causes great concern. The workers of Hong Kong can share the pain of Colombian workers who are living through repression and violation of human rights. On 28 April, the National Strike Committee of Colombia, led by the most representative trade unions, called for demonstrations in response to the Government’s regressive measures, including a tax reform that would increase inequality, as well as changes to the labour, pension and health systems. States are prohibited to employ lethal force and firearms against protestors. Law enforcement must also be framed by legality, absolute necessity and proportionality, but for 48 days of general strike, we have witnessed the following as of 31 May: 3,789 cases of violence caused by the security forces; 45 homicides committed by the police and military; 1,700 arbitrary arrests; 65 people suffering eye injuries from teargas rounds and rubber bullets and 25 victims of sexual violence committed by police officers.

The Colombian trade unions have repeatedly urged the Government to provide guarantees for peaceful protest, but President Duque’s response was Decree No. 575 ordering the militarization of seven cities in the country, escalating the violence.

The very least we can ask of this Committee is to scrutinize the serious violations of human and trade union rights carried out in the context of the national strike. The ILO must have a chance to assess the criminal treatment given to social and labour disputes by this Government and recommend an urgent change to the protocols on the reaction to protests, so that they are modified in accordance with international standards.

Finally, this Committee can help trade unions in demanding guarantees for the right to peaceful protest. We should note that a proposal has been on the negotiating table between the Government and the National Strike Committee since 24 May, but the Government has refused to sign it.

Observer, International Organisation of Employers (IOE) – I am taking the floor as the Secretary-General of the IOE. During the period of over ten years when we have not examined this case in the Committee, we have been observing substantial progress in a country that was experiencing a very difficult situation of armed conflict, drug trafficking and ideological radicalism.

This progress has been a collective effort in defence of liberties, for the eradication of violence, to combat corruption and drug trafficking, and to protect trade union leaders and freedom of association. We have seen progress in these areas and a peace process that was not simple, but was very inclusive, and we have also seen important developments in social dialogue.

The country has also seen economic and social progress, the arrival of investment and tourism, although it is clear that, in the same way as many other countries within and outside the region, the pandemic has resulted in a situation involving enterprise closures, job losses and social instability, which the Government is facing with difficulty in a complex context, that is not without episodes of violence of various types, which we do not deny.

But it cannot be doubted that the Government has taken and is continuing to send signals, take action and achieve results. It has accepted the recommendations of the ILO, in contrast with other countries, has financed the presence of the ILO in the country for years and has provided detailed information to the Committee of Experts and also to the Committee on Freedom of Association.

Colombia is a democracy and has demonstrated much progress for many years. It needs great support, not being singled out. This is our approach to the case.

Observer, IndustriALL Global Union – I am speaking on behalf of IndustriALL Global Union, the International Transport Workers’ Federation, Education International and Public Services International to express serious concerns about the extreme violence in Colombia, with homicides of union leaders and members from all sectors.

Death threats targeting union and social leaders are not isolated incidents. They are rather part of an escalation of violence against civil society under the current Administration. In La Guajira, 226 permanent workers at a powerful multinational mining company were fired without any negotiated just transition measures for the affected workers, as the company alleged “sustainable measures”.

The dismissal came as brutal retaliation for the successful 90-day strike carried out last year to refuse the dangerous work shifts introduced. Unions are not consulted as social partners, and we see COVID cases rapidly increasing in all workplaces. In the oil sector, in the largest state-owned company, leaders from the Union Sindical Obrera are blocked and refused entry to their workplaces in flagrant violation of the current collective agreement, using the excuse of the COVID pandemic. The company only allows the entry of scheduled workers, as if union leaders – who, by the way, are also employees of the company – have any impact on the contagion.

The Ministry of Labour alleges the lack of labour inspectors, but with no union leaders on the spot, workers’ rights are trampled in impunity.

In line with the observations of the Committee of Experts and with the recent recommendations of the CFA in Case No. 3316 relating to the right to strike of airline pilots, the Government must bring legislative provisions about strikes in non-essential services, in the strict sense of the term, into conformity with the Convention.

In the light of the current escalation of state violence and brutal repression of legitimate civil protests against structural reforms, the Global Union aligns itself with the Committee of Experts’ recommendations, namely, the Government of Colombia must take “all the necessary measures to ensure that all acts of anti-union violence, including homicides and other acts, … are investigated and that the instigators and perpetrators are convicted”.

Government representative, Minister of Labour – I have taken careful note of the various interventions by all those who have taken the floor, including those interventions that have shown a political colouring. However, I thank them. I thank Governments, as well as Workers and Employers, for the comments that they have made.

Action to combat impunity and violence against trade unions has been a concern for the President of the Republic, Dr Iván Duque, who has given precise instructions to ensure the safety of trade union leaders. For this Government, the reduction by 96 per cent in the number of homicides is important, but we must continue protecting trade union leaders, as even one case, a single murder, hurts us and we reject it. That is why we are continuing with these efforts.

The Office of the Prosecutor-General of the Republic has developed a strategy for the investigation and prosecution of the crimes committed, including in relation to protests, based on 12 action lines.

The national Government respects the right to protest, as well as the right to strike, which have constitutional status. For us, peaceful mobilization is to be respected and protected. What we refute are acts of violence, which have violated rights, not only by demonstrators, but also by those who are not demonstrating. In many cases, the so-called blockades have been in violation of the fundamental rights of citizens, such as access to health, to food, to work and to freedom of movement throughout the national territory. As demonstrated by the commitment of this Government to respect human rights and the right of mobilization, the President of the Republic will present a reform of the national police to the Congress of the Republic.

More specifically, today we have referred to:

• Trade union contracts, which are a concept that is recognized in our labour laws, which have been considered in the National Council for Economic and Social Policy (CONPES) and which have helped to preserve many jobs. However, in the health sector, the Government has proposed a law for their elimination, which has been approved. The trade union confederations themselves asked for the draft legislation to be set aside. We have the political will to abolish trade union contracts in the health sector.
• Cancellation of trade union registration. It is important to emphasize that in Colombia, in contrast with many countries, trade unions have been very protected in this respect. According to our database on the trade union register since 1920 until now, that is a period of 101 years, there has only been one cancellation, through the courts. It is important to note that this concept is set out in the Labour Code and that the authority that has the competence to declare an organization unlawful, at the suggestion of the ILO itself, is the judicial authority.

We conclude as follows: we will continue to move forward in providing assistance, care and compensation to all the victims of the conflict and, for that purpose, within the next ten days, the Government will invest US$39 million to compensate the victims of this armed conflict. I therefore reiterate my call to the ILO to continue providing support for the deepening of social dialogue, with all the partners in our country. As a Government, we believe in the power of this tool to seek alternatives that can improve the social and economic fabric.

We are emphatic in reaffirming that social dialogue is one of the fundamental pillars of our Government, and for this reason all our actions are characterized by the search for consensus and respect for the right to organize and freedom of association, and are supported by trade unions.

And in this specific endeavour, our institutions take immediate action. As soon as we became aware of the threats against our trade union delegate, who spoke today, we immediately and publically refuted the threats. I personally took the necessary measures to reinforce his security plan. We take action when faced with any threat, and for this reason it is very important for us to be clear about our attitudes in relation to trade union leaders.

It has been said here that during the social protests over recent days, there have been murders of trade union leaders. We refute this allegation, which is unfounded. And for this reason we are surprised when it is claimed that difficulties exist in Colombia in exercising the right to organize.

The Government of Colombia has always worked hand-in-hand with the ILO. For this reason, now more than ever, and more than they tell us, we need the support of the international community to be able to move forward in the face of these situations. This is shown by the ILO report that indicates that Colombia, with 26 per cent, is the second country in the world (the first is Brazil) in terms of providing its own resources for cooperation and assistance projects.

This year, Colombia has allocated over US$4 million to these projects.

I do not wish to leave without saying that I have heard that this is a serious Committee, that it has clearly established procedures. However, sometimes when certain interventions are heard, there appears to be a political dimension present. I do not believe that this Committee should allow itself to be influenced by these political opinions, and I believe that here we should express technical opinions in law, as it should be. We will therefore continue working with this commitment endorsed by the national Government in relation to the Convention that is under examination by the Committee. I therefore request the secretariat to remove all those comments that have nothing to do with the Convention that were made during today’s sitting.

This is why we are still surprised that, even though we work hand in hand with the ILO, Colombia has been told that it is not in strict compliance with the provisions of the Convention.

We have presented progress, particularly on the issue of impunity and penal sentences, and we will continue working in this direction. There is much evidence that the history of the country has changed, which is also as a result of the cooperation provided by the ILO.

Accordingly, I would like to say one final thing. Colombia is experiencing acts of violence perpetrated by persons such as drug traffickers, violent individuals, mafias and others, who have infiltrated the protests. We therefore once again robustly refute violence, We condemn and will punish acts of violence against any Colombian citizen, whatever its origin, and we ask this Committee to listen carefully to the information provided in our interventions and the report of over 200, or 300 pages, that we have provided, and we will continue to inform the world, the ILO and governments and all those who seek any necessary information on what is happening in Colombia.

For this reason we are surprised by many statements, which seem to be ignorant about what is happening in the country, For example, it has been said that we are going to propose labour and pension reforms without prior discussion with the trade unions and employers. We have not proposed any draft legislation of this type. When these claims are made they therefore greatly surprise us.

We will continue to listen to all the voices of the international community, and we will listen not only to workers, but also employers, to move forward out of our social crisis.

At this time of protests, we are establishing a dialogue forum and we are commencing negotiation processes with the Strike Committee, in which many efforts are being made to change the social situation in the country, such as a basic income, formalizing many workers in the health sector, strengthening education and reinforcing everything related to the social aspects of informal workers in Colombia, which is our objective, for which I have requested ILO assistance, for example for the employment mission to help us create new opportunities.

As Colombians, we are currently seeking many avenues to work on and to improve conditions. A demonstration of the commitment of this Government to transparency is that over the past two weeks I was at the Inter-American Commission on Human Rights, from which we are hoping for results and support.

Colombia is keeping its doors open to the international community. We are not hiding anything at all and, quite the contrary, we reject these forms of violence on social media against the Government of Colombia.

Worker members – We must draw the attention of all participants of this Committee to the 1970 resolution of the International Labour Conference concerning trade union rights and their relation to civil liberties with regard to the relationship between human rights and trade union rights. We recall that, according to the Conference rules, it is the mandate of our Committee to examine the measures taken by Members to give effect to the provisions of Conventions to which they are parties. Therefore, our comments are within the scope of the Convention.

Regarding the suggestion by the Employers that we can rebuild the economy without full respect for fundamental rights, this is unimaginable and incompatible with the Constitution and mandate of this Organization, which is dedicated to social justice.

The report of the Committee of Experts clearly shows that, in the widespread nature of violence, trade unions are particularly targeted for their activities. Trade unions must be particularly protected. As the speeches we have heard today demonstrate, the Government has failed to comply with the observations and conclusions of various bodies of the ILO supervisory system with regard to the right to freedom of association and to organize. Sadly, it is not for lack of technical assistance or of resources, as the ILO and numerous governments have financed or carried out projects to improve industrial relations in the country, and to assist in the reduction of violence and impunity.

The brutal assaults on trade unionists and other members of civil society by the military and the police since late April further call into question the will of the Government to respect its obligations to this Organization.

I would underscore that what we are seeing now is only the current manifestation of a decades-long attack on trade unions. Workers, trade unionists and trade unions have suffered significant harm over many years, and the Employers must not minimize this situation.

Collective reparation is necessary. Necessary to overcome the severe damage of anti-unionism in Colombia. As part of the peace accords, Decree No. 624 of 18 April 2016 ordered the creation and regulation of the commission for the integral reparation of the trade union movement. However, the commission was not created until 23 October 2019, because of the pressure from the union confederations. It met on 30 October to adopt the protocols for the functioning of the commission, but it has not met again, nor has it advanced any of the tasks assigned to it.

Technical staff have not been hired to facilitate the work of the commission. There is no reason why much of the work could not have been carried out virtually during the pandemic. There appears to be insufficient will for the Government to make the progress that we all expect of it, so that workers can finally realize the promise of the fragile peace in Colombia.

Thus, to conclude, we would urge the Government to:

• First, confront anti-union violence by ending anti-union stigmatization and by publicly denouncing the murders of social movement and union leaders. With regard to impunity, the investigative units and specialized courts for the investigation and prosecution of crimes against trade unionists must intensify their efforts.
• Second, with the consultation of trade unions, adopt the necessary preventative and reactive measures to ensure the effectiveness and efficiency of the protection programme, including both individual and collective protective measures.
• Third, with the consultation of trade unions, adopt legislation that would prevent the use of sham union contracts that undermine the effective exercise of the right to freedom of association by legitimate trade unions.
• Fourth, ensure that the cancellation of union registrations is confined to serious violations of the law, after exhausting other less drastic means of action, and ensure that such measures are accompanied by all the necessary guarantees of normal judicial procedures.
• Fifth, enact the legislative measures which have been the subject of repeated comments of the Committee of Experts.
• Sixth, ensure that the commission for the integral reparation of the trade union movement is convened immediately and works diligently to fully carry out its mandate.
• Seventh, we will request that this Committee include its conclusions on this case in a special paragraph of its report.

Employer members – We have listened carefully to and taken note of the interventions of all those who took the floor. I give special thanks to the Minister and the Deputy Prosecutor-General for their interventions and the information provided, as well as Workers and Employers for their interventions.

I want to react emphatically to and reject the references made by the Worker spokesperson with regard to certain Employers present in the sitting of this Committee. The claim was made that we support the conclusion of economic agreements or seek economic development without respecting human rights. This was not said in the room and I do not know how the Worker spokesperson justifies it, but we reject it and we call for it to be withdrawn from the minutes of this Committee on the grounds that it is absolutely untrue.

I also wish to refer to the indication by the Worker spokesperson that he refutes that this is a case of progress. We are not seeking the endorsement by the Worker members of our opinion on this case and we will continue to argue that in our view there are sufficient elements for us to consider that it is a case of progress and we will need to see this reflected in the conclusions of the case.

Finally, I also wish to react to the comments concerning the protests in Colombia made by several of those who spoke on the case. It appears to us that this is outside the scope of the comments by the Committee of Experts and we are therefore going to request and support the call made by the Government of Colombia for them to be removed from the minutes of this meeting..

In our view, the Government of Colombia has respected the supervisory bodies of this Organization and has reinforced the cooperation projects with the Office, financed totally by funding from the State of Colombia since 2006 when the Tripartite Agreement on Freedom of Association and Democracy was signed. The signing of the 2006 Agreement was a landmark for the ILO and particularly for the Government of Colombia and the workers and employers of the country.

As the Minister said, the history of Colombia has changed. Cooperation with the ILO, tripartism, social dialogue and total commitment, decided upon and articulated by all state bodies at the highest level, are key elements of this change.

Of course it is necessary to keep working and to do much more to achieve this possible recovery. The sustainability and confidence of civil society in institutions, a culture of collaboration rather than confrontation, the resolution of all types of disputes through dialogue, the balanced adaptation of labour laws developed collectively, respect for and the protection of the human rights of workers and employers, sustainable enterprises which create genuine, decent and productive employment and decent work are fundamental aspects.

We have before us a State that has worked, is working and wishes to continue working with the ILO and through dialogue as a central tool in the quest for concrete and measurable results with a positive impact.

We have before us a State that is committed to the ILO’s international labour standards and their effective application in law and practice, with the ILO supervisory system, to which it contributes year after year.

We have before us a State that is seeking to consolidate sustainable enterprises and provide workers with the full guarantee of their rights to contribute to the development of a vibrant society, with productive, sustainable and resilient jobs, and decent work.

This Committee must recognize the positive efforts made by the Government with the social partners and request it to continue making progress and providing information on the subject in its next regular report. The ILO must continue supporting Colombia in the efforts that have been made for so many years so that progress continues to be made in compliance with the freedom of association set out in the Convention.

This Committee must also invite the Government to continue providing information on the progress made in investigations and their findings in its next regular report.

The Committee must also conclude that the reinforced regulation of the right of trade unions to organize in Colombia in relation to the cancellation of their registration by judicial means is in conformity with the Convention and in compliance with the objective of protecting trade unions.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee welcomed the efforts made by the Government in the application in law and practice of the Convention. The Committee welcomed the positive steps the Government has undertaken to address the situation of violence in the country and encouraged the Government to continue to engage in measures to ensure a climate free from violence.

Taking into account the discussion and recognizing the challenges that remain, the Committee requests the Government of Colombia to ensure that the Standing Dialogue Forum for Collective Compensation for the Trade Union Movement is convened and works to fully carry out its mandate.

The Committee requests the Government to continue to report on all measures taken, in consultation with the social partners, in its next report.

Another Government representative – We welcome the conclusions drawn up by the Committee. We wish to reiterate the commitment of the Government of Colombia to compliance with the obligations that we have assumed as a Member of this Organization.

We consider that the Committee is the cornerstone of the supervisory bodies, and its broad debates reflect its importance in the International Labour Conference. The objective of the Committee is to provide delegates with the opportunity to examine, through constructive dialogue, the compliance of States with the obligations that they have assumed under the Conventions that they have ratified. In our specific case, Convention No. 87.

We hope that the methods of work of the Committee will continue to be improved, and particularly the application of the rules indicated in document D.1, paragraphs 21, 29, 44 and 45.

The conclusions that the Committee adopts are very valuable tools for States which enable us to continue making progress in the application of international labour standards. We thank the Committee for recognizing the efforts made by the Government and we reaffirm our absolute will to continue working in defence of workers. We will not spare our efforts to continue making progress in the protection of fundamental rights. We hope to be able to continue counting on ILO support for the reinforcement of social dialogue in Colombia. Social dialogue is an effective and essential tool for the strengthening of democracy and social participation. We will continue working to guarantee freedom of association and the right to organize and to make effective progress in the collective compensation of the trade union movement.