Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Strengthening of social dialogue and tripartite consultations. In its observation of 2007, the Committee requested the Government to send its report with detailed information on any written communications undertaken to satisfy the requirement for consultations with regard to international labour standards and to indicate whether the Standing Committee for Joint Action on Wage and Labour Policy is participating in the consultations required by the Convention. With regard to the application of Convention No. 144, the Single Confederation of Workers of Colombia (CUT) sent the Committee the report on labour rights and freedom of association in Colombia which had been made available to the ILO High-level Mission which visited Colombia in November–December 2007. In the communication received in May 2008, the Government stated that the Standing Committee for Joint Action on Wage and Labour Policy had been established and that an agreement had been signed with the ILO to implement a project intended to strengthen social dialogue, fundamental labour rights, and the inspection, supervision and monitoring of labour in Colombia. In its report received in September 2008, the Government states that no tripartite consultations have been held on the subjects covered by the Convention. The Government adds that it will be a matter for the Standing Committee for Joint Action on Wage and Labour Policy to jointly formulate the procedure, as a matter of urgency, for carrying out the consultations provided for in the Convention. The Committee refers once again to its previous comments and reiterates it conviction that the Government and the social partners should undertake to promote and reinforce tripartism and social dialogue on the matters covered by the Convention. The Committee refers to the 2008 ILO Declaration on Social Justice for a Fair Globalization, which affirms that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore repeats its invitation to the Government and social partners to undertake “effective consultations” on international labour standards as required by Convention No. 144, which is most significant from the viewpoint of governance.

Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its report of 2008, the Government refers to the consultations which may be held in the Standing Committee for Joint Action on Wage and Labour Policy in relation to the obligation of submission. The Committee notes that the consultations required by the provisions of the Convention do not appear to have been held. The Committee also notes that the procedure for submission has not been implemented either. The Committee refers to its observation on the obligation of submission, under article 19, paragraphs 5 and 6, of the ILO Constitution, and notes that 31 instruments adopted by the Conference are awaiting submission. The Committee requests the Government to provide information on the effective consultations which will be held with the social partners concerning the proposals presented to the Congress on the occasion of the submission of the instruments adopted by the Conference.

Article 5, paragraph 1(d). Reports on ratified Conventions. The Committee notes a communication sent to the Government by the CUT in October 2008. The Committee invites the Government to formulate its comments on the communication from the CUT. The Committee also hopes that, when replying to the questions raised in the present observation and drawing up the report due in 2009, the Government and the social partners will hold the consultations required by the Convention.