Definitive Report - Report No 128, 1972

Case No 675 (Colombia) - Complaint date: 12-JUL-71 - Closed

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16. The complaint of the Latin American Federation of Transport Workers is contained in a communication dated 12 July 1971, addressed direct to the ILO. This complaint was transmitted to the Government, which forwarded its observations thereon in a communication dated 24 August 1971.
17. 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).

18. The complainants allege that one of their affiliates, the Union of Drivers of Colombia (UNITRASCOL), has been refused legal recognition by the Ministry of Labour and Social Security. It is further stated that at the time the complaint was lodged, the file containing the application for the granting of legal recognition to the Union of Drivers of Colombia had been awaiting action for more than five months.
19. In its observations, the Government states that legal personality was granted to the Union of Drivers of Colombia by virtue of Resolution No. 2138 of 17 August 1971.

20. While unaware of the reasons for the delay, the Committee notes that six months elapsed between the submission by the union concerned of the application for legal personality and the granting of such personality. The Committee points out in this connection that while it is true that the founders of a trade union must comply with the formalities prescribed by legislation, these formalities should not be of such nature as to hamper freedom to form organisations.

21. Subject to the reservation expressed in the preceding paragraph, the Committee, noting that the situation out of which the complaint arose has been dealt with, considers that it would be pointless for it to pursue the matter further and accordingly recommends the Governing Body to decide that the case does not call for further examination.