Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Colombia (Ratification: 1976)

The Committee notes that the Government's report has not been received, although it notes Act No. 50 of 28 December 1990 introducing amendments to the Substantive Labour Code.

The Committee requests the Government to indicate whether, by virtue of Act No. 50, an appeal can be made to the courts against a refusal by the administrative authority to register a trade union or amendments to its by-laws. The Committee also requests the Government to state whether the refusal to register a trade union, as set out in section 366(4)(c) in the event of "an application for registration by a new enterprise union in an enterprise in which there is already an organisation of the same category", also applies if the trade union that is applying for registration has a greater number of members than the trade union that is already registered. The Committee also requests the Government to indicate whether, by virtue of new section 362 of the Labour Code respecting the requirements to be fulfilled by trade union statutes, it is to be understood that the regulations issued by Resolution No. 4 of 1952 respecting a whole series of matters that have to be covered by the unions' statutes and not by the law (quorum of the general assembly, composition of the executive bodies, election procedures, etc.) have been repealed. Finally, the Committee requests the Government to indicate whether Decree No. 2132 of 1976, which prohibits public meetings (section 1(c)) and Decree No. 1923 of 1978, concerning security, which prohibits all temporary occupation of public places or places open to the public, or offices of public or private bodies with a view to influencing a decision by the legitimate authorities (section 7), are still in force.