Free trade is presented as the most efficient way to increase the well-being and wealth of nations, and from this perspective the celebration of free trade agreements (FTA) is justified. However, several assumptions on which free trade is based do not hold in current trade.
The State plays a leading role in the economy, even in countries where non-intervention is postulated. To these distortions, Colombia must add the structural problems of many of its companies, translated into a notorious competitive disadvantage that worsens as the economy becomes international.
Our legal system conforms to the standards established by the International Labor Organization (ILO) in labor matters. The three branches of public power have been concerned with adapting domestic legislation to international labor parameters through constitutional and legal reforms and decrees. Likewise, it has been of special importance to have the permanent presence of the ILO in our country. However, the low level of compliance with these guidelines is still a concern.
The United States, for its part, tends to associate economic and social underdevelopment with the lack of protection of labor rights, and they fear the “social dumping” (competitive advantage due to undemanding labor legislation) that third world countries may represent. for international trade. That is one of the reasons why, in the FTAs, the United States defends the application of economic sanctions in case of non-compliance with labor standards, which they assume as a constant of ours in employer-worker relations, and which they fear, would grant us comparative advantages against you.
For this reason, according to Puyo and Sánchez (2008), the FTA with the United States will make the State's obligations in terms of labor legislation more rigorous, not only because of the sanctions that would be imposed in case of violating international legislation, but To a large extent, because the treaty is perceived as a unique opportunity to strengthen the country's productivity, and above all, to work for social justice. This attitude is a guarantee that the public and private will is moving towards a more rigorous and protective system of labor standards.
The debate on the labor situation in the face of the FTA with the United States involves two aspects: the first has to do with the labor legislation that exists in the country, which stands as one of the most advanced by recognizing the preeminence of International Law over the legal system. legal, putting it on a par with the Constitution. The second focuses on the applicability of these norms and their consequences at the political and economic level (Puyo and Sánchez, 2008).
Therefore, it is necessary to approach the Fundamental Principles and Rights of Work, declared by the ILO in 1998, and ask how Colombian workers are with respect to them.
The principles enshrined by the ILO in 1998 are:
1. Freedom of association and association, and the effective recognition of the right to collective bargaining
Freedom of association, association and the practice of collective bargaining are internationally considered as a sign of the democratic balance of powers, whose most important contribution is the possibility of resolving conflicts by peaceful means (ILO, 1998).
The level of development of the Colombian legislature gives international treaties the nature of constitutive norms of the State by way of interpretation. The purpose of this is to put international guidelines on work at the level of a constitutional norm, preventing legislation against the rights of workers. In practice, however, respect for collective rights in Colombia is limited, as in other countries with a similar level of development, and even in others much more advanced such as our counterpart (García, 2006).
2. Elimination of child labor
According to ILO Conventions 138 and 182, one of the main means used to abolish child labor has been the determination of a minimum age to enter the labor market (Law 515/99), the prohibition of the worst forms of child labor, and the provision of immediate action for its elimination (Law 704/2001). Convention 138 establishes that the minimum age for work shall not be less than the age at which the school obligation ceases and in any case it may not be less than 15 years, although the agreement allows the reduction of said age for light work when development of the country's education does not reach a certain level, as it happens in Colombia.
According to García (2006), Colombia does not fare well on the issue of child labor: 20% of girls between 10 and 12 years old are engaged in domestic service in the cities. Children from the age of 5 work in gold, clay, coal and emerald mining operations, 60% of them without pay, in addition to being exposed to high temperatures, penetrating odors, and insect and animal bites. Girls also have the additional burden of domestic work. In Colombia, in addition, the trauma of the forced recruitment of minors by guerrillas and paramilitaries to fight in the armed conflict is experienced.
Despite the above, the ILO and other organizations that take care of workers' rights have recognized the effort of our country to combat forced child labor, by integrating various government entities for the care of children and their development. The ILO has highlighted the work of the National Commission for the Eradication of Child Labor, whose work has yielded concrete results in various sectors.
3. Elimination of discrimination at work
The principle of non-discrimination on grounds of race, sex, religion, political ideas or social origin is at the base of the pyramid of fundamental rights declared by the ILO in 1998. Respect for the right to equality reduces forced labor and labor. child labor as discriminatory manifestations in themselves, and avoids the stigmatization of workers associated with trade unions and of those who promote collective bargaining on behalf of others.
Although in Colombia all the internationally recognized labor principles are constitutionally and legally enshrined, the points on non-discrimination in article 13 of the Constitution and articles 10 and 143 of the Substantive Labor Code are difficult to apprehend, since most of the Sometimes discrimination at work manifests itself as an individual phenomenon that requires analysis on a case-by-case basis (García, 2006).
The fight against discrimination constitutes a titanic task that would have to start from the cradle, since the factors that cause it are so deeply rooted culturally that, despite being contrary to the constitutional values of human dignity and equality, both in Colombia and elsewhere. Countries are part of the language of institutional norms and practices (García, 2006).
In Colombia, it can be said that gender discrimination is at the national level, despite the norms that require adequate and effective participation of women (at least) in public power. For its part, discrimination by race or ethnic group occurs more in the regional order. Discrimination on religious grounds is practically non-existent. In contrast, political discrimination has been a constant in the country for more than four decades, in which the growth of intolerance has been coupled with the intensification of the conflict (García, 2006).
After analyzing the ILO principles, and despite the efforts of our country to fully comply with them, it is observed that there are factors that alter their compliance, such as war, armed groups, drug trafficking, domestic violence, poverty, inequality, etc. This permeates all social aspects including work, making it increasingly difficult for Colombia to become the country that everyone wants.
In spite of this, there remains the incentive of a government that has been concerned with ensuring labor principles, and that constantly fights against what could hinder their compliance. In conclusion, you are on the right track, you just need to continue working together to ensure that the employment situation in Colombia improves.
Bibliography
- AMÉZQUITA, P. (2003). Impact of the Ricardian model of foreign trade on small producers. FACES, (9), 39-53.BOTERO GARCÍA JG and LÓPEZ CASTAÑO, H. (2004). Impact of NAFTA on employment. Medellín: Universidad EAFIT, Central Unitaria de Trabajadores de Colombia (CUT) (2012). The AFL-CIO affirms that Colombia "cracks" in the implementation of the Labor Action Plan with the United States. Retrieved July 20, 2012 from http://www.cut.org.co/index.php?option=com_content&view=article&id = 2800 & catid = 131FRÍAS FERNÁNDEZ, P. (2001) Challenges of modernization of labor relations. Towards a new culture and business agreement. Buenos Aires: LOM Ediciones.GARCÍA FLECHAS, AC (2006).Comments on the treatment of the labor issue within the afta- future free trade agreement between Colombia (Peru and Ecuador) and the United States of North America. Retrieved on November 12, 2011 from GARCÍA, Y. (1991) Labor reform. Adaptation of labor legislation to neoliberal policies. Deslinde Magazine. (10), 15.LARA LÓPEZ, E. (2012). Labor implications of the Free Trade Agreement between the United States, Central America and the Dominican Republic. Retrieved on July 20, 2012 from MOTTA CÁRDENA, F. (2009) Colombian labor law and the free trade agreement FTA between Colombia and the United States. Republican Magazine. (6), 115-128.PUYO POSADA, J. and SÁNCHEZ, EJ (2008) Labor Regulations in Colombia. Bogotá: Hernán Echavarría Olózaga Institute of Political Science.Foreign Trade Information System (SICE) (2006). Comparative Guide to the Free Trade Agreement between Chile and the United States. Retrieved August 20, 2012 from http://www.sice.oas.org/tpcstudies/USCAFTAChl_s/CompStudy18.htmSolervicens, M. (2003) Impacts of the free trade agreement between Chile and the United States. Retrieved on August 20, 2012 from http://www.ieim.uqam.ca/IMG/pdf/Chro_0309_Chile.pdf University of Salamanca and Politécnico Grancolombiano. (2003) Corporación Escenarios, Globalización y Derecho. sl.: Politécnico Grancolombiano.Retrieved on August 20, 2012 from http://www.ieim.uqam.ca/IMG/pdf/Chro_0309_Chile.pdf University of Salamanca and Politécnico Grancolombiano. (2003) Corporación Escenarios, Globalización y Derecho. sl.: Politécnico Grancolombiano.Retrieved on August 20, 2012 from http://www.ieim.uqam.ca/IMG/pdf/Chro_0309_Chile.pdf University of Salamanca and Politécnico Grancolombiano. (2003) Corporación Escenarios, Globalización y Derecho. sl.: Politécnico Grancolombiano.
