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DE RUEHBO #2175/01 1691636
ZNR UUUUU ZZH
P 171636Z JUN 08
FM AMEMBASSY BOGOTA
TO RUEAWJC/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 3194
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 8246
RUEHCV/AMEMBASSY CARACAS PRIORITY 0552
RUEHLP/AMEMBASSY LA PAZ JUN 9500
RUEHPE/AMEMBASSY LIMA PRIORITY 6270
RUEHZP/AMEMBASSY PANAMA PRIORITY 1864
RUEHQT/AMEMBASSY QUITO PRIORITY 6938
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 4462

UNCLAS BOGOTA 002175 
 
SENSITIVE 
SIPDIS 
 
PLEASE PASS TO USTR, BENNETT HARMON AND AARON ROSENBERG 
 
E.O. 12958: N/A 
TAGS: PGOV PREL ECON SOCI CO
SUBJECT: GOC ADVANCES ON LABOR CONCERNS 
 
REF: A. BOGOTA 528 
     ¶B. BOGOTA 1017 
     ¶C. BOGOTA 1197 
     ¶D. BOGOTA 1432 
     ¶E. BOGOTA 1460 
     ¶F. BOGOTA 4860 
 
 
SUMMARY 
------- 
 
¶1. (U) The GOC continues to make progress on labor concerns. 
The GOC announced plans to make special labor judge jobs 
permanent positions, and the Colombian National Police's 
(CNP) new "rewards program" for information on violence 
against unionists led to the capture of five perpetrators. 
The Fiscalia's labor sub-unit has resolved 50 cases, 
resulting in 79 convictions.  The GOC introduced a bill to 
boost the statute of limitations and sentences for crimes 
against unionists, and the Senate modified the Legality of 
Strikes bill to require both parties' consent to binding 
arbitration.  With USAID support, the GOC is improving its 
labor inspection program.  Colombia was not included on the 
list for discussion by the Committee on the Application of 
Standards at the annual International Labor Organization 
(ILO) conference, but the GOC voluntarily met with the 
committee to discuss Colombia.  The ILO will expand its staff 
working on Colombia. END SUMMARY. 
 
JUDICIAL CHANGES 
----------------- 
 
¶2.  (SBU) Vice Minister of Labor Andres Palacio told us the 
GOC plans to change the terms of special labor judges from 
six-month appointments to permanent positions to ensure 
continuity.  The Ministry of Social Protection (MSP) has 
informed the three main union confederations of this change, 
but will not make an official announcement until July when 
the paperwork is complete.  The change partly stems from 
criticism by labor groups when the independent Appellate 
Court decided not to reappoint one of the previous three 
labor judges, Jose Nirio Sanchez, in January 2008 (see reftel 
A). 
 
 
REWARDS AND PROSECUTIONS 
------------------------- 
 
¶3.  (U) The Colombian National Police (CNP) announced on 
April 20 a new "rewards program" for individuals who provide 
information on violent crimes against unionists.  CNP 
International Affairs Director Hector Buitrago told us the 
program offers up to 100 million pesos (about 55,000 USD) for 
information on murders or attempted murders of unionists. 
The ENS reports 25 murders of unionists so far in 2008.  The 
program has given rewards in two cases, leading to the arrest 
of two individuals in the 2008 homicides.  Three other 
perpetrators have already been arrested in the 2008 homicides. 
 
¶4.  (U) The Fiscalia's labor sub-unit has resolved 50 cases 
resulting in the conviction of 79 perpetrators.  Since 2001, 
the Fiscalia has resolved 87 of the 1280 ILO cases, leading 
to the conviction of 178 perpetrators.  The rate of case 
resolution has increased significantly since the labor 
sub-unit's creation in November, 2006. 
 
LEGISLATIVE UPDATES 
-------------------- 
 
¶5.  (U) On May 19, the GOC introduced a bill to boost 
sentences related to the murder of unionists from 33.3 years 
to 60 years.  The bill would apply the increased sentences to 
murders of union members in addition to murders of union 
leaders.  The legislation would also increase the statute of 
limitations on labor violence cases from ten to thirty years. 
 
¶6.  (SBU) The Senate modified the Legality of Strikes Bill; 
it now requires both parties to consent to binding 
arbitration.  The House version of the bill does not include 
this change, but Labor Vice Minister Palacio tells us he 
expects this change to be made during "conciliation" on June 
¶17.  The three main labor confederations support this change 
because it would align the legislation with ILO conventions. 
 
¶7.  (SBU) Ivan Toro, a leader in the Colombian Association of 
Bank Employees (ACEB) and Executive Secretary of the 
Colombian Workers Confederation (CTC), recognized the new 
legislation could be dangerous for both workers and 
businesses, as strikes could go on indefinitely.  He noted 
that in Colombia there is no "right to work".  The longer a 
strike lasts, the more time workers are left without an 
income.  Vice Minister Palacio also voiced concern about this 
issue, saying that of 37 strikes in 2007 that went to binding 
arbitration, only one case was requested by the employer and 
not the union (see reftel F). 
 
EXPANDED LABOR INSPECTIONS PROGRAM 
---------------------------------- 
 
¶8.  (U) In May, the GOC held events to highlight its expanded 
labor inspection program in Cundinamarca department, the 
largest labor market in the country.  USAID gave USD 800,000 
to the GOC to fund training and technical assistance to make 
the labor inspection program more effective.  The GOC is 
committed to boosting the number of labor inspectors from 180 
to 387 by 2009.  The pilot program started in 2007.  By the 
end of 2008, the GOC hopes to have trained and hired 70 new 
inspectors, and to have extended the new inspections model to 
cover over 60% of the total Colombian formal workforce and 
over 85% of all registered firms. 
 
¶9.  (U) Former United Workers' Central (CUT) President Carlos 
Rodriguez admitted he was skeptical about the expanded labor 
inspections program.  Still, after talking to CUT members in 
Cartagena, he admits the program has produced results. 
Rodriguez said an increase in inspectors in the field was the 
"right answer" as it addresses labors' principal concern: 
employer abuse of workers through use of cooperatives and 
short-term contracts.  AFL-CIO-supported Solidarity Center 
Director Rhett Doumitt says he has also heard the program is 
obtaining union buy-in. 
 
ILO VERDICT AND EXPANDED PRESENCE IN COLOMBIA 
--------------------------------------------- - 
 
¶10.  (SBU) At the annual ILO Conference in Geneva May 28-June 
13, Colombia was not on the list for discussion by the 
Committee on the Application  of Standards.  Still, the GOC 
voluntarily met with the committee to discuss Colombia's 
labor situation.  ILO representative in Colombia Marcelo 
Castro Fox said that although not being on the list could be 
perceived as a "positive" for the GOC, he noted that due to 
the Conference Committee discussions on Colombia, criticisms 
of Colombia will be included in a "special paragraph" in the 
final conference report. 
 
¶11.  (U) Castro Fox told us the ILO added a full-time 
International Norms manager in February. The International 
Norms manager is based out of the regional office in Lima; 
Castro Fox says he makes bi-weekly visits.  The ILO plans to 
add another full-time Colombia-dedicated employee to work on 
Social Dialogue and Industrial Relations in the months to 
come.   Currently, the ILO office in Bogota has 12 
employees--4 program managers and 8 administrative staff. 
BROWNFIELD