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INTERNATIONAL LABOUR ORGANIZATION |
Sectoral Activities Programme |
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INTERNATIONAL LABOUR ORGANIZATION |
Sectoral Activities Programme |
Background
1. The Joint Committee initially examined the allegation, submitted by the General Confederation of Labour (COT) of Colombia in 1992, at its Sixth Ordinary Session in 1994 (CEART/VI/1994/12, Annex 1). The communication alleged non-observance by the Government of Colombia (Department of Santander) of the Recommendation with respect to its guiding principles, conditions for effective teaching and learning, teachers' salaries and social security. The part of the allegation relating to salaries with respect to the Minimum Wage Fixing Convention, 1928 (No. 26) was examined by the Committee of Experts on the Application of Conventions and Recommendations of the ILO (2). The Government's observations to the ILO responded essentially to those aspects covered by Convention No. 26, with brief references to social security and hours of work.
2. The Joint Committee's main findings and recommendations included the following points:
- in view of the incomplete information available, the level of remuneration of contract teachers in comparison to full-time, permanently employed teachers or other State employees was not clear;
- nevertheless, the system of contract teachers used in Colombia did not provide the requisite stability and security of employment, payment of appropriate remuneration, other adequate terms and conditions of service and social security, or made due allowance for the hazards of teaching in declared security risk areas ("red zones");
- the remuneration paid in the past did not conform with the principles established by the Recommendation, nor did recent adjustments appear to recognise the proper status of teachers in relation to the importance of their function and in comparison with other professional and non-professional sectors of the workforce;
- the findings should be communicated to the Government of Colombia, with a request that steps be taken to redress the situation;
- the Government of Colombia and the CGT were requested to inform the Joint Committee as to further developments and that these should be reviewed at the next Special Session.
3. Following its examination by the Governing Body of the ILO and the Executivc Board of UNESCO, the Joint Committee's report, including the analysis of the allegation, was simultaneously sent to the Government of Colombia and to the CGT in June 1995.(3) The Govemment and the CGT were invited to keep the Joint Committee informed of developments in the situation. Reminders were sent to both parties in July 1996, and again in June 1997.
Further developments
4. By facsimile dated 23 July 1997, the Government of Colombia sent its observations on the situation to the ILO. According to the Government, Law No. 60 of 1993 provides that contract teachers employed before 30 June 1993 will be gradually recruited as regular teachers in the departments or districts in which they serve, after review of personnel needs and in proportion to incremental increases in the budgets of the respective authorities. The appointment of such teachers should be accomplished within six years of the publication of the law. The Government also provided extracts of Law No. 115 of 1994 which sets out certain expected functions, rights and required qualifications of educators. These include the following points:
- they will receive training and professional development, will not be discriminated against because of philosophical, political or religious reasons, will carry out the institution's educational programme, and will seek to constantly improve educational processes with ideas and suggestions through their respective school boards and education boards, and to the Academic Council;
- appointments of teachers shall be made by decree which confirms selection and accreditation following competitions organised by the respective authority, and according to a system devised by the Ministry of Education which is designed to ensure impartiality;
- those university graduates not on the National Teachers' Registry may be included if they meet the specified requirements within a period of two years; beyond this date they will be barred from educational service unless they are following a recognised professional development programme, giving them the right to a two-year extension for inclusion in the registry;
- contract teachers which arc the subject of Law No. 60 of 1993 will have their contracts extended for successive academic periods until they can be recruited as regular teachers;
- notifications of teacher or administrative personnel decisions - nominations, transfers, exchanges, and others - will be made by the govemors or mayors of the respective districts or municipalities responsible for state educational services, and in accordance with available funded positions and legal procedures;
- exceptions may be made to engage university graduates with degrees in fields in which there are shortages of qualified or registered teachers in secondary technical education; post facto inclusion of such teachers in the National Teachers' Registry requires furfilment of the corresponding requirements.
5. Furthermore, Law No. 344 of 1996 limits the appointment of teachers by regional authorties in accordance with an annual human resource rationalisation plan which takes account of the budgetary situation proper to the authority. Two members elected by the corresponding boards of education established by Law No. 115 of 1994 participate in the plan's elaboration. Within the context of these restrictions, regional authorities may not open competitions to fill positions with new responsibilities nor vacancies in existing positions until such time as contract teachers with seniority before 8 February 1994 have been given priority in nomination in accordance with the 1993 and 1994 laws.
6. The Government states that these legislative provisions represent a significant advance in finding a solution to the problems faced by contract teachers as they grant these individuals preferential rights. Accordingly, in the Department of Santander a number of contract teachers have been appointed as regular teachers, although budgetary and administrative limitations have not permitted full realisation of the legislated standards.
7. Finally, the Government notes that the Constitutional Court handed down a decision in a case related to that of contract teachers in Santander, compensating the contract workers for all aspects of their employment relationship, thereby opening an additional legal avenue for solutions of the problems faced by contract teachers.
8. As of the time of the meeting, the CGT had not supplied additional information concerning the situation of the contract teachers in Santander or contesting the Government response.
Findings
9. In light of the information received from the Government of Colombia, which has not been contested oy the CGT at the time of the Meeting, the Joint Committee considers that improvements have been made in the employment situation of contract teachers in Colombia in respect of at least some of the Recommendation's provisions regarding security of employment as the basis for stability in the teaching profession. The appointment of contract teachers as regular teachers would in principle contribute to the resolution of other problems of this category of personnel, such as adequate remuneration, health and social security benefits, pointed out by the Joint Committee in 1994. The Joint Committee welcomes the positive legislative steps towards the application of non- discriminatory criteria and transparent procedures in the appointment and transfer of teaching staff, and their inclusion in the National Teachers' Registry, which appear to meet many of the guidelines set out in the Recommendation. Morcover, the 1996 legislation establishes a preferential basis for the appointment of contract staff as regular teachers which should facilitate meeting the deadline for regularisation of the employment relationship of such staff by 1999, as stipulated in the law adopted in 1993. Taken together, these legislative provisions also maintain respect for the professional qualifications required of all teachers in the interests of a quality educational system.
10. The Joint Committee notes that the provisions adopted to address the problem of contract teachers are nevertheless subject to budgetary limitations imposed on the respective educational authorities who employ them. As a consequence, not all the contract teachers in Santander for example who are candidates for appointment as regular teachers have received such appointments. The Joint Committee recalls the importance that the Recommendation attaches to adequate funding by the State of education throughout a nation's education system and therefore the resources allocated to recruit, provide stable employment and appropriate salaries for teachers and ensure effective conditions for the exercise of their functions. It urges the Government to ensure that sufficient resources are available at national level to compensate for any deficiencies which might occur because of the economic and fiscal situation of a particular department or local authority, so as to effectively apply the legislative measures which have been adopted to guarantee security of employment for all teachers, including those presently engaged as contract staff.
Recommendations
11. The Joint Committee recommends that the Governing Body of the ILO and the Executive Board of UNESCO:
- take note of the situation as described above;
- communicate the above findings both to the Government of Colombia and to the
CGT.
Notes
(2) ILC, 80th Session, Report III (Part 4A); 81st Session, Report III (Part 4A); 85th Session, Report III (Part 4A) - Convention No 26 by Colombia.
(3) The Report was also examined by the Committee on the Application of Standards of the International Labour Conference at its 82nd Session (June 1995) and by the 28th Session of the General Conference of UNESCO (November 1995).
