VZCZCXYZ0014
PP RUEHWEB

DE RUEHBO #0442/01 0351942
ZNR UUUUU ZZH
P 041942Z FEB 08
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1206
INFO RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RUEHCV/AMEMBASSY CARACAS 9898
RUEHZP/AMEMBASSY PANAMA 1183
RUEHQT/AMEMBASSY QUITO 6533
RUEHGL/AMCONSUL GUAYAQUIL 4285
RUEHGV/USMISSION GENEVA 1533

UNCLAS BOGOTA 000442 
 
SIPDIS 
 
FOR LABOR FOR DOL/IL 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB EAID KJUS ECIN ECON ILO CO
SUBJECT: USG ASSISTS COLOMBIAN LABOR PROTECTION EFFORTS 
 
¶1.  Summary:  The USG, through USAID and the U.S. Department of 
Labor (DOL), supports GOC efforts to improve labor rights and 
enforcement.  Programs include assistance for a new risk-based labor 
inspection system, extending the oral justice system to labor cases, 
outreach on labor rights, strengthening efforts to protect human 
rights of labor leaders and activists, and efforts to eradicate 
child labor.  These activities support the GOC's larger programs to 
improve labor rights and enforcement.  End Summary. 
 
¶2.  The GOC has launched major initiatives over the last two years 
to improve labor rights and enforcement, combat violence against 
unionists and to end impunity.  These initiatives include 
protection, prosecution, and legal reforms, which continue to have a 
significant positive impact.  In 2007, the GOC protected 1,720 
at-risk union members, along with journalists, human rights 
advocates and other groups, at a cost of USD 34 million.  In January 
2007, the GOC invested USD 1.5 million to launch the Colombian 
Prosecutor General's Human Rights Unit, with 13 prosecutors and 78 
investigators, to prosecute violent crimes against unionists.  At 
the International Labor Organization's (ILO) recommendation and 
after consultation with Colombian labor and industry, the GOC 
established an ILO office in Bogota in 2007, and has dedicated USD 4 
million for ILO projects in 2008.  In response to concerns 
identified by the ILO, the GOC introduced bills in congress to bring 
Colombia's laws closer to ILO standards, including: transferring 
authority for declaring the legality of a strike from the executive 
to independent labor judges; mediation as a step in resolving labor 
disputes and providing the option of binding arbitration at the 
request of one of the parties; requiring workers' cooperatives to 
pay into the social security system and benefits programs; and 
increasing fines for cooperatives that do not comply with current 
laws. 
 
¶3.  The USG works with the GOC to implement these programs.  USAID 
assists the Ministry of Social Protection in the design and 
implementation of a new preventive labor inspection system, in which 
the private sector and workers take an active role.  This 
comprehensive risk-management model aims to prevent violations and 
enforce sound labor practices.  Pilot programs in five cities 
emphasize preventive inspections, increasing field visits, 
simplifying procedures for workers, improving risk management, and 
developing new conflict-management tools.  The GOC incorporated this 
system into the national development plan (Law 1151/07) and 
regulated it through Resolution No. 1282. Employers and workers have 
signed voluntary compliance agreements in sectors such as 
transportation, construction and security to comply with health and 
safety regulations and maximum working hours, social security and 
contractual laws.  In 2008, the GOC will expand the program to 
Bogota and other cities, hiring 150 new labor inspectors.  USAID 
will continue to support this effort with training and technical 
assistance. 
 
¶4.  USAID also supports GOC efforts to extend the oral accusatory 
justice system to labor rights cases, which will greatly improve the 
transparency and timeliness of resolutions of legal disputes related 
to worker rights.  In 2008, USAID will support the GOC's 
implementation of this reform for labor cases, through three key 
activities: 1) the development of a long-term financing plan for 
upgrading court facilities and equipment to transition to the oral 
justice system; 2) possible training for officials on the 
requirements of the new system; and 3) developing procedures for 
implementing the new system.  The GOC and USAID plan to launch a 
pilot program in Bogota this year to train judges, government 
officials, lawyers and students.  Other USAID support to the GOC 
includes a public outreach strategy to educate employers, workers 
and policymakers on worker rights and fundamental ILO standards. 
 
¶5.  USAID will support an independent analysis of labor-related 
violence in Colombia with a view towards strengthening efforts to 
reduce impunity regarding violations of the human rights of trade 
unionists, and promoting and protecting the human rights and labor 
rights of trade unionists.  The assessment will identify the 
magnitude, nature, and evolution of violence against trade 
unionists; analyze the multiple sources of information and 
statistics on this issue; and provide recommendations to improve the 
situation.  USAID is working the scope and exploring the 
implementation mechanisms with ILO, UNHCHR, and the UNDP. 
 
¶6.  USAID will design a new labor activity and implement it under 
the ongoing Human Rights Program.  The program will strengthen GOC 
and civil society efforts to protect the human rights of labor 
leaders and activists as guaranteed by the Colombian Constitution. 
Illustrative activities include: improving the investigation and 
prosecution of violations of the human rights of trade union leaders 
and activists; strengthening and expanding legal access for labor 
leaders and activists; providing preventive and protection measures 
for at-risk individuals in the labor sector; and increasing public 
awareness about the rights of labor union members.  USAID closely 
coordinates all labor activities with ILO and is exploring ways to 
work with them to implement this. 
 
¶7.  USAID supports the American Center for International Labor 
Solidarity's (ACILS) Southern Cone program to strengthen fundamental 
rights, comply and enhance international standards regarding worker 
laws, expand democratic participation and strengthen labor 
unionist 
s.  With USAID funding, ACILS works with the local ILO 
office and the National Labor School to develop regulations needed 
to implement Colombian legislation (Law 411 of 1997 and Law 524 of 
1999) that guarantees public sector employees the right to unionize 
and bargain collectively.  In addition, with USAID funding, ACILS 
will train 100 local labor activists to identify and document 
violations of fundamental labor rights pertaining to freedom of 
association and the right to collective bargaining.  Once 
documented, ACILS will assess these labor violations and make 
recommendations for improving the protection of fundamental labor 
rights. 
 
¶8.  The GOC also participates in DOL-funded projects to keep 
children from entering the workforce and get others out of the 
workplace and into school.  The first project, called "Combating 
Exploitive Child Labor through Education in Colombia", supports GOC 
policies, such as the National Strategy for the Elimination of Child 
Labor, and programs for child soldiers, street children, youth 
involved in commercial sexual exploitation, and those working in 
other hazardous sectors.  The project targets children ages 6-17 for 
withdrawal or prevention from exploitative child labor from 
2007-2010, and provides those children with educational programs. 
 
¶9.  A second project targets children for withdrawal and for 
prevention from hazardous agriculture and other forms of labor in 
the municipalities of Funza and Madrid.  A USD 5.5 million regional 
program for Chile, Paraguay, Peru, and Colombia just concluded, 
which sought to withdraw children from domestic labor and commercial 
sexual exploitation and prevent children from becoming involved in 
those activities. 
 
BROWNFIELD