Facts that do not yet allow the entry of Colombia to the OECD IN COLOMBIA THERE IS NO PROGRESS. WE ARE GOING BACKWARDS ON LABOR MATTERS, QUALITY OF EMPLOYMENT, FREEDOM OF ASSOCIATION AND PROTECTION OF TRADE UNIONISTS Facts that do not yet allow the entry of Colombia to the OECD

REALITY AND URGENT NEEDS IN LABOR MATTERS I- VIOLENCE AGAINST TRADE UNIONISTS PERSISTS IN COLOMBIA Necessary and urgent changes II- LABOUR INFORMALITY AND SUBCONTRACTTING III- LABOUR LAW ENFORCEMENT IV- COLLECTIVE BARGAINING Why changes should be made before and not after accession

I- VIOLENCE AGAINST TRADE UNIONISTS PERSISTS Violations of the life and integrity against trade unionists Impunity continues The violation of the Freedom of Association is not penalized. Labor Justice in crisis Measures to protect trade unionists are weakened Violence against human rights defenders intensifies The actors of anti-union violence are strengthened

VIOLATIONS OF THE LIFE AND INTEGRITY AGAINST TRADE UNIONISTS

VIOLENCE AGAINST TRADE UNIONISTS CHANGED MODALITIES BUT REMAINS Anti-union violence focused on activists and trade union leaders; The acts of violence directed against trade union organizations as a whole increase; There is a cross between violence and the criminalization of union action The reactivation of anti-union violence in the rural sector

THE ACTORS OF ANTI-UNION VIOLENCE ARE STRENGTHENED > 50% of the cases the responsible actor is unknown Of the rest, 70% of the perpetrators are paramilitary groups 22% state agencies The least of the cases were the guerrilla, employer or common crime "paramilitaries" are resuming the territories left by the FARC in Colombia

IMPUNITY CONTINUES Impunity for the crime of homicide is 87.0%, The crime of threats, which constitutes the most suffered violation by trade unionists, has the highest impunity rate with 99.8%. For crimes related to serious human rights violations, impunity in cases of trade unionists is extremely high, averaging 95.0%.

VIOLENCE AGAINST SOCIAL LEADERS AND DEFENDERS OF HUMAN RIGHTS INTENSIFIES In 2016 there were 117 murders of social leaders. More than 170 leaders murdered in 2017 (1 murder every 2.1 days), Increase of 45.29% of 2017 in relation to 2016. This year there are more than 32 defenders of rights murdered

THE VIOLATION OF THE FREEDOM OF ASSOCIATION IS NOT PENALIZED THE VIOLATION OF THE FREEDOM OF ASSOCIATION IS NOT PENALIZED. LABOR JUSTICE IN CRISIS Until today, there is no sentence for the crime of violation of the right of association, after 6 years of legislative amendment In 2016, the Superior Council of the Judiciary reduced the number of judges dedicated exclusively to the trial of homicides committed against trade unionists from 3 to 1 Two of the three magistrates of the Supreme Court of Justice prosecuted for corruption are from the Labor Chamber

MEASURES TO PROTECT TRADE UNIONISTS ARE WEAKENED Decree 2078 of 2017 excludes the spokespersons of the populations subject to protection, from the discussion of the need for the measures and the decision of their adoption. Two trade unionists who were denied protection measures were killed (Fabián Espinosa y Over Rivera) Protective measures are being disassembled This month, protection measures were taken away from the presidents of the most representative trade unions in the most violent sectors in Colombia's trade union history: FECODE (350,000 Educators) SINTRAINAGRO (300,000 workers in the rural sector)

THE WORKERS IN COLOMBIA WE NEED URGENTLY COLLECTIVE REPAIR FOR THE TRADE UNION MOVEMENT, with truth, justice and guarantees of non-repetition Dismantling the ESMAD Maintain and strengthen protection measuresfor human rights defenders, union leaders and social leaders The acts of anti-union violence are clarified and that the material and intellectual authors are submitted to justice. Prioritizing the investigation of threats

II- LABOUR INFORMALITY AND SUBCONTRACTTING Out of 22,000,000 employed workers, only 7,800,000 are formal. 65% Informality. 90% of rural workers in Colombia are in informality, according to the ILO Only 36% of employed people are effectively contributing to pensions and only 51% of those employed are affiliated to the health contribution system The forms of illegal subcontracting are maintained: -Cooperatives of associated work (Prohibited by law in 2010) -”Union contracts”. False unions to subcontract workers. Approximately 1500 per year -Civil or commercial contracts to hide real working relationships

LABOR FORMALIZATION AGREEMENTS Only 47 labor formalization agreements in 2017, with about 6035 workers formalized. According to the Ministry of Labor, the formalization of 35,719 workers has been achieved 2010-2017= 0.2% of informal workers in the country Of the 183 sanctions that the Ministry says it has imposed, only 25% have signed the Labor Formalization Agreement In the labor formalization agreements are not linking all workers who came informal Are workers are "formalized" with contracts of very short duration (3 or 6 months or up to one year) The union organizations can not participate and verify the labor formalization agreement

THE WORKERS IN COLOMBIA WE NEED URGENTLY Prohibition to subcontract missionary and permanent work Have an investigation and sanction of the labor subcontracting, fast and effective Do not allow the use of false unions for subcontracting work Labor formalization agreements through labor contracts, indefinite, for all outsourced workers and with the participation of the trade union organization Unique Inspection Information System, operating effectively and publicly

III- LABOUR LAW ENFORCEMENT Although the number of inspectors has increased, it has not increased the inspection While in 2010 a total of 423 inspectors made 24,631 administrative inspections, in 2015, the 826 inspectors only made 3,099 In 2010, 423 inspectors made 9,066 visits, in 2015 with twice as many inspectors, and a larger budget only 1,063 visits were made. The Ministry since 2014 has promised to link the inspectors by administrative career They have invested 5000 million in training of inspectors who will leave the Ministry Since 2015 they have promised a Unique Information System that is not yet implemented in all inspections, that has no information in real time and that is not public. Of more than 1800 complaints for the crime of violation of freedom of association, 85% have been closed without any result Fines are minimal and do not persuade. <100 Salaries-25.000 USD

THE WORKERS IN COLOMBIA WE NEED URGENTLY Permanent linkage of the inspectors before the end of 2018 Penalize for article 200, violation of the trade union association Judicial judgments. Unique Information System working in all regions and PUBLIC Increase sanctions and apply them

IV- COLLECTIVE BARGAINING Low coverage of the negotiation <6% Total, <0,5% Private Sector Collective Pacts More than two years for the resolution of collective conflicts Excessive interpretation of essential public services for the exercise of the strike

THE WORKERS IN COLOMBIA WE NEED URGENTLY Immediate regulation for Multilevel Collective Bargaining Prohibit Collective Pacts in companies where there is a union Accelerate the operation of arbitration courts to resolve collective disputes Legal regulation of the strike

THANK YOU MERCI GRACIAS BEDANKT OBRIGADO DZIĘKUJĘ DANKE TACK ĎAKUJEM TAKK