As victims, we cannot remain silent about the violation of labour rights and the right to join trade unions categorised as Human Right.
The article 23-4 of the Universal Declaration of Human Rights, the article 8 of the International Covenant on Economic, Social and Cultural Rights, and the article 8 a of the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights (protocol of san Salvador), establish the right to join Trade Unions as a Human Right and consecrate the States involved duty of guaranteeing it.
Interconexión Eléctrica S.A. E.S.P-ISA- is a national mixed public utility linked to the Colombian Ministry of Mines and Energy. It operates as the headquarters of the ISA Group which is present in Colombia, Brazil, Peru, Chile, Bolivia and Central America. Its biggest stockholder is the State with the 66.9% (51.41% the Nation, 10.17% the Major of Medellín through EPM and 5.32% Ecopetrol).
The National Union of Electric Interconnection Workers (Sindicato Nacional de Trabajadores de Interconexión Eléctrica S. A. )-SINTRAISA- and the Union of Energetic Industry Workers (Sindicato de Trabajadores de la Industria Energética)-SINTRAE-
• That ISA uses a “pacto colectivo” in order to detract the collective negotiation, to discriminate and to extort the union workers despite it is expressly forbidden in the article 200 of the Law 599 of 2000 and it is categorised as a misdemeanour.
• That, nowadays, ISA meets nine hundred and seventy (970) days detracting the union workers in terms of salary and social benefits in comparison to non-unionised workers.
• That Colombian Justice do not obligue ISA to satisfy its duty of equating salaries and social benefits in spite of having asked that by (tutela)
• That ISA mocks the Colombian justice when refusing negotiation with SINTRAE of the list of demands presented since May 2010, despite being required by law and have been condemned by the Supreme Court of Justice.
• That ISA dismisses workers violating the due process and the right of defense.
• That ISA violates the rights of workers and pensioners when breaking what was agreed with the trade union.
• That ISA breaks laws and judgments of the Constitutional Court, using the outsourcing in permanent and own labors of his corporate purpose; endangering workers and the Interconnected National System.
• That ISA, under the assumption of a strategic reorientation to make your business more productive, will move the most of its workers to a new service company in order to destroy trade unions existing in ISA Colombia.
According to the aforementioned, the Workers, The Pensioners and Trade Unions, are permanently forced to denounce and sue ISA and Colombian State before judicial authorities and national and international control Entities. See the case OIT Colombia 2434 and Report CIDH (P -703- 07) Colombia.
For more information go to www.sintraisa.org
Medellin, August 29, 2013
SINDICATO NACIONAL DE TRABAJADORES DE ISA - SINTRAISA
SINDICATO DE LA INDUSTRIA ENERGÉTICA - SINTRAE