109th session International Labour Conference : Committee on Application of Standards: Colombia Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

15.06.2021
Geneva

Thank you, Chair.

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Montenegro*[1] and Albania*, the EFTA country Norway, member of the European Economic Area, as well as the Republic of Moldova align themselves with this statement.

  1. 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 organise and the freedom of association.
  2. We actively promote the universal ratification and implementation of fundamental international labour standards, including ILO Convention 87 on freedom of association. 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.
  3. 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.
  4. In line with the Committee's assessment and in view of the magnitude of the remaining challenges in implementation of ILO Convention 87 described in its last report, we acknowledge the significant action taken by the public authorities. We note with content the significant increase in the number of convictions for acts of anti‑union violence, thus breaking of the cycle of impunity.
  5. 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 their efforts to improve the effectiveness of 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.
  6. We fully support the Committee’s 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.
  7. Furthermore, we take note of ruling SL 1680-2020 of the Supreme Court and would like to echo the Committee’s 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. Convention 87 also applies to federations and confederations, and therefore they must have full freedom in determining their programmes and organising activities. We also seek additional information on the reasons behind 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.
  8. Finally, we would like to express our concerns regarding the violence during the recent social protests in Colombia, deeply regretting loss of many lives and thousands of injured. People in Colombia, as anywhere else, have the right to a peaceful protest. This right, together with the 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.
  9. The EU and its Member States will continue to monitor the situation and remain committed to our close cooperation and partnership with Colombia.

Thank you Chair.

 

[1] * Montenegro and Albania continue to be part of the Stabilisation and Association Process.