Interim Report - Report No 101, 1968

Case No 527 (Colombia) - Complaint date: 26-JUN-67 - Closed

1. 525. These complaints were contained in a telegram and letter dated 26 June and 30 June 1967 respectively from the International Federation of Christian Trade Unions and a letter dated 27 June 1967 from the Latin American Federation of Christian Trade Unions, all of which were sent directly to the I.L.O. The Government furnished its observations by a communication dated 14 August 1967.
2. 526. Colombia has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 527. The complainants allege that certain acts committed by the police on the instructions of the Government of the Province of Antioquia, principally with respect to the Antioquia Teachers' Association and its members, constitute a violation of trade union rights. It is stated that five trade union organisations, of which one is the Antioquia Teachers' Association, are conducting a general strike in Antioquia in support of certain claims by their members. The complainants allege that the Teachers' Association, which is claiming the payment of increases in wages, has been the victim of severe acts of repression by the Provincial Government. In particular, the complainants refer to the suppression of a trade union meeting; to the entering and closing down of the trade union headquarters of the teachers; to the fact that the headquarters of the Acción Sindical Antioqueña (A.S.A.) were broken into, and that they were surrounded by assault troops of the military police; and to the detention of Messrs. Agudelo, Carbajal, Herrera, Cano and Rivera, all trade union leaders. Mr. Agudelo is said to be a well-known national trade union figure, a member of the Executive Committee of the Latin American Federation of Christian Trade Unions, and it is claimed that he is threatened with a sentence of 30 days' imprisonment, which, under the legislation on the state of emergency, would deprive him of his job and his position as trade union leader and could even lead to his expulsion from the country.
2. 528. In its communication of 14 August 1967 the Government states, firstly, that teachers in Colombia are in substance and by definition public employees and, as such, the law does not give them the right to present petitions, to conclude collective agreements, to strike or to call strikes. Accordingly, the Government states, the teachers in question were not within their rights in striking.
3. 529. The Government goes on to say that, in addition to the above consideration, the strikers in question did not conform to section 446 of the Labour Code, which lays down that strikes shall be orderly and peaceful. The Government states that the teachers, instigated by certain of their leaders, attempted to cause disturbances and street riots, thereby committing offences against the law. The Government indicates that, when the disturbances and offences began to interfere with the rights of other citizens, the police intervened and arrested Messrs. Agudelo, Carbajal and Cano, leaders of the strike, in accordance with section 33 of Decree 2351 of 1965, which gives the police the duty of ensuring that strikes are conducted peacefully and lawfully and empowers them in the discharge of this duty to take the necessary action to ensure that strikers do not go beyond their legal aims and to prevent disorders and the commission of offences. Following this intervention, the Government states, both the disturbances and the illegal stoppage of work by the teachers came to an end and the situation in this respect is now quite normal.
4. 530. The Government indicates that the detention of the arrested persons lasted for eight days.

B. B. The Committee's conclusions

1. 531. The Committee has always held that allegations relating to the right to strike are not outside its competence in so far as they affect the exercise of trade union rights and has pointed out on several occasions that the right of workers and their organisations to strike as a legitimate means of defending their occupational interests is generally recognised. In this connection the Committee has stressed the importance that it attaches, where strikes are prohibited or are subject to restrictions in essential services or in the civil service, to the establishment of adequate safeguards to protect the interests of the workers who are thus deprived of an essential means of defending their occupational interests, and has pointed out that such restrictions should be accompanied by adequate, impartial and speedy conciliation and arbitration procedures, in which the parties concerned may participate at every stage, and that the awards given should in all cases be binding on both parties. The Committee explained in this connection that these principles do not apply to the absolute restriction of the right to strike but to the restriction of that right in essential services or in the civil service, in which case adequate guarantees should be provided to safeguard the interests of the workers.
2. 532. While noting the information contained in the Government's observations relating to the disorderly conduct of the strike, the Committee observes that the strike was illegal from the start and therefore liable to police intervention even before the disturbances took place. Considering, therefore, that the considerations set forth in the preceding paragraph are relevant to the case, the Committee wishes to draw the Government's attention to them and it recommends the Governing Body likewise to draw the Government's attention to the importance which the Governing Body attaches to these considerations.
3. 533. With regard to the arrest of Messrs. Agudelo, Carbajal and Cano, the Committee notes that the persons in question were arrested on the ground of causing disturbances and that they are no longer detained. For these reasons it does not consider that this aspect of the case calls for further examination.
4. 534. Accordingly, the Committee recommends the Governing Body to decide that the allegations relating to the arrests referred to in the preceding paragraph do not call for further examination.
5. 535. As the Government has not furnished its observations on the allegations relating to the entering and closing down of the trade union headquarters of the teachers, to the fact that the headquarters of the A.S.A. were broken into or to the arrest of Messrs. Herrera or Rivera, the Committee recommends the Governing Body to request the Government to be good enough to present its observations thereon.

The Committee's recommendations

1. 536. In these circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to decide, for the reasons stated in paragraph 533 above, that the allegations relating to the arrest and detention of Messrs. Agudelo, Carbajal and Cano do not call for further examination;
   • (b) to draw the Government's attention to the importance which the Governing Body attaches to the considerations set forth in paragraph 531 above regarding, in particular, the general recognition of the right of workers and their organisations to strike and, where strikes are prohibited in essential services or in the civil service, the establishment of adequate safeguards to protect the interests of the workers affected;
   • (c) to request the Government to be good enough to furnish its observations on the allegations referred to in paragraph 535 above;
   • (d) to take note of this interim report, it being understood that the Committee will submit a further report once it has received the observations requested from the Government in subparagraph (e) above.
     • Geneva, 9 November 1967. (Signed) Roberto AGO, Chairman.