Labour Protection in

COLOMBIA

Labour Protection
The Colombian Government has publicly acknowledged that despite the enormous progress made in recent decades in strengthening democracy and the rule of law, there are still major challenges that affect the guarantees of fundamental rights and freedoms of citizens. These challenges, such as the need to overcome violence including violence against union members have in many ways been linked to the prolonged internal armed conflict. Colombia has always been committed to promoting labour rights, encouraging opportunities for decent employment, improving social protection and social dialogue within the framework of ratified ILO Conventions. The Colombian Government has maintained its policy of protecting workers, and has continued to pursue its fight against impunity as well as providing guarantees for freedom of union activity.

872 new unions were registered between 2002 and 2010. In 2011, 350 unions were listed and 354 more between January and August 2012, bringing the total number of trade unions to 1,576.

Creation of the Ministry of Labour

As part of the Governments commitment to improving working conditions in Colombia, a new Labour Ministry was created in November 2011. This institution has the mission of stimulating formal, decent, productive and high-quality employment, which will protect workers rights while also ensuring the supply of qualified talent to fulfil business competitive and productivity needs.

The Ministry has the following five main action lines:

1. Decent high-quality work for all

More and better employment Social dialogue Work as a pillar of development

4. The quality of the business depends on the quality of the worker

Training and qualifications result in more productive and better-paid workers Recognition that one can always improve ones work Improved skills for labour mobility

2. Social protection and guarantees for all workers

Protection for the senior workers and the unemployed Protection for self-employed or independent workers Protection and dignity for informal workers

5. Work in the todays world

Establish rules of the game for all forms of work Dynamic responses suited to new labour challenges Gender equality New working arrangements in the digital age

3. Create links between employers and employees

Ensure a move from confrontation to a relationship based on the construction of agreements The employee speaks via his or her organisation Protection of fundamental labour rights

Colombia's commitment to trade unions

In Colombia, any act which disturbs the right to association is punishably by law. The Government implements a protection programme that seeks to guarantee the right to life and personal integrity for vulnerable groups, including the unionised population. The programmes coverage has been expanded and provides protection to union leaders and activists who have attempted to establish a trade union, but were not successful due to allegedly having received threats. Equally, the Colombian Government has an unwavering commitment to fight impunity. A notable result in this area is the creation of the ILO Sub-unit within the Human Rights and International Humanitarian Law Unit of the Attorney Generals Office (Fiscalia), composed of specialised officers responsible for dealing with crimes against union members. As a result of State actions, the total homicide rate in Colombia and that of the unionised population has fallen. The number of union members murdered between 2002 and 2010 decreased by 82%.

Progress in the protection of union activities in Colombia

In May 2011, and in follow-up to conclusions made by the ILO Mission, an update of the Tripartite Agreement was signed. This employment agreement brought together the efforts of all the actors involved in employment to guarantee the recognition of fundamental labour rights, and in particular, the development of an employment agenda which includes, among others, the recommendations of the High-Level mission which visited Colombia in February 2011. Law 1453 of 2011, known as the Citizen Security Law, established criminal law mechanisms to combat acts of discrimination against union activities. Under this law, acts which obstruct the right to union association are considered a criminal offence, with an increased sentence from 1 to 2 years. A fine will be imposed on those who prevent or disturb a legal meeting, impede the exercise of labour rights, or take reprisals after a legitimate strike, meeting or association. The same penalties apply to those who provide better conditions to non-unionised workers. Furthermore in 2011, the Government created 100 new Labour Inspectorates, to continue strengthening the inspection system in Colombia. The total number of Inspectors has risen to 524.

Law for the Formalisation and Generation of Employment (Law of First Employment)
One of the most significant advances in labour matters during President Juan Manuel Santos Government has been the approval of the Law for the Formalisation and Generation of Employment, better known as the Law of First Employment. This law establishes tax benefits for companies that employ those who are vulnerable in labour terms (those under 28 years of age; the displaced; those with disabilities; those who are in process of reintegration; women over the age of 40 with more than one year of unemployment; heads of household in situations of poverty; employees earning less than 1.5 times the minimum salary entering the Social Security system for first time). In addition, the law establishes incentives for the formalisation of small businesses, offsetting the costs. These benefits include progressive payments for the registration of the business and benefits in income tax and payroll taxes.

The National Protection Unit

Colombia has a unique Protection Programme that seeks to secure the right to life and personal integrity for particularly vulnerable groups, including the unionised population. It is worth mentioning the recent creation of the National Protection Unit within the Ministry of Interior, with a mission "to articulate, coordinate and execute the provision of protection services for those who are considered by the Government to be at extraordinary or extreme risk as a result of their activities, circumstances or political or social condition including union members or humanitarian, cultural, ethnic or gender situation, as well as human rights activities, the displace and those who are the victims of violence. In 2011, the Interior Ministry issued a Resolution broadening the scope of protection for union activists, to include those who are engaged in the creation of unions, and former union members who continue to be threatened as a result of their previous activities. In 2002, the budget for the union leader protection programme was just over US$7 million. Between 2002 and 2009, more than US$86 million were earmarked for this programme. In 2010, the budget was some US$19.5 million; in 2011, US$77 million;

and in 2012, the union leaders protection budget was US$111.3 million. Today, the protection unit provides security for 1,373 union members.

The fight against impunity crimes against union members

The Colombian Government has an unwavering commitment to the fight against impunity. The Vice Presidency and the Presidential Human Rights Programme have supported the institution-building process, aimed at improving investigations related to crimes against union members. An example of this is the creation of the Inter-institutional Human Rights Commission as an arena for dialogue, to follow up investigations of union-related violence, where unions can directly express their doubts to the investigation authorities and are kept regularly informed of progress made in cases.

The work of the ILO Subunit of the Attorney Generals Office has resulted in significant progress in the investigation of these cases. Records show that in cases of homicides of union members, there were 441 convictions, with a total of 531 individuals sentenced, 214 persons indicted, and 85 cases currently before the courts. The National Human Rights and International Humanitarian Law Unit of the Attorney Generals Office is being strengthened. The Unit now has 102 prosecutors, and will be reinforced with 60 new special prosecutors, for a total of 162 prosecutors nationwide. There has also been an effort to assign specialised circuit courts to fight impunity in the cases of crimes against union members, and to assign 100 Judicial Police officers to the investigations and secure the conviction of those who have attacked the unionised population.

Investigations and Protection Union members

Year

Homicide of union members (Government figures)

No. of convictions

No. of union members benefitting from protection

Budget (US$)

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

205 196 101 89 40 60 26 38 28 37 30

1 9 7 12 10 9 43 81 94 77 109

1.043 1.566 1.424 1.615 1.493 1.504 1.959 1.980 1.550 1.454 1.186

6.857.998 7.967.965 8.441.301 9.247.747 9.424.207 11.320.514 12.227.203 11.873.770 15.481.763 19.498.000 11.771.616 (union population) 79.000.000 (total population) 107.000.000 (total population)

452

1.273

Source: Ministry of Labour, 2012

Arenas for dialogue

Colombia offers opportunity for dialogue and tripartite participation in employment matters. In 1996, the Salary and Employment Policy Consultation Commission (CCPSL) was created, comprised of representatives of the Government, industry associations, and super-unions. Amongst its functions, the Commission is responsible for fostering good employment relations, to ensure justice and contribute to the settlement of collective labour disputes. In addition, it is a forum for the discussion and negotiation of salaries and the definition of employment policy through strategic plans. In parallel, there are other important arenas for dialogue: The Sectorial Committee for the Public Sector (CSSP), in which the Government and union associations (federations and super-unions) engage in dialogue on working conditions for public servants in Colombia. - The Inter-institutional Human Rights Commission, in which several Government agencies participate along with the three main trade unions, the Comisin Colombiana de Juristas, Escuela Nacional Sindical, the Attorney Generals Office, the Superior Council of the Judicature, the specialised courts and business representatives. This Commission is currently considering the investigation methods of crimes against union members, and the causes for the violence against union members. - The Special Committee for the Handling of Conflicts referred to the ILO (CETCOIT), which is responsible for solving employment disputes before they are referred to relevant international organizations. Furthermore, the Government has held workshops aimed at raising awareness for the protection of fundamental labour rights of work, with the participation of 16,222 beneficiaries. 284 tripartite social actors have also been received negotiation, mediation and conflict-resolution training.

Timeline of the main achievements in labour matters

2006 2010
2002-2010: 82% reduction in the homicide rate of union members

2005

2006: Creation of the Salary and Employment Policy Consultation Commission

2011

May 2011: Updating of the tripartite agreement

2008: Creation of the ILO Subunit within the Human Rights and International Humanitarian Law Unit of the Attorney Generals Office

2010

2010: Approval of the Law of First Employment

2011

June 2011: Approval of the Citizen Security Law, including measures to protect union activity

2008

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2011

October 2011: Creation of the National Protection Unit, which includes special protection measures for the unionised population

2012
2011: 350 new trade unions registered

November 2011: Creation of the new Ministry of Labour

2011

2011

2011: Creation of 100 new posts for Labour Inspectors

2012

2012: Announcement of a US$111.3 million budget for union leader protection programmes

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2013

2011

September 2012: As a result of the efforts of the ILO Subunit, there have been 272 convictions for crimes against the unionised population

Produced by: Ministry of Foreign Affairs Coordination of Internal and External Communications with support from the Ministry of Labour
Design Catalina Durana Photography Presidency of the Republic of Colombia

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