Definitive Report - Report No 214, March 1982

Case No 1009 (Colombia) - Complaint date: 17-NOV-80 - Closed

1. 34. In a communication of 17 November 1980, the Trade Union of Workers of Shellmar Limited presented a complaint of violation of trade union rights in Colombia. At its November 1981 Session, the Committee on Freedom of Association, noting that the Government of Colombia had not yet communicated its observations on this matter, asked it to supply them as a matter of urgency. Since then, the Government has done so in a communication of 16 December 1981.
2. 35. Colombia has ratified the Freedom of Association and Protection of the Right to organise Convention, 1948, (No. 97), and the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 36. In its communication of 17 November 980, the Trade Union of Workers of Shellmar Limited alleged that its President and Secretary-General had been dismissed without taking into account the trade union immunity granted to them by law. It also alleged that 50 trade unionists had been dismissed by the Shellmar company and that others had been urged to withdraw from the union.

B. The Government's reply

1. 37. In its communication of 16 December 1981, the Government states that the legal representative of the trade union in question had filed a complaint with the administrative authorities on 4 March 1980 alleging trade union harassment on the part of the enterprise. According to the Government, an inquiry was ordered and it was found that no trade union harassment had taken place. The court acquitted the enterprise of any responsibility by decision No. 334 of 17 September 1980 and the appeal lodged by the complainant trade union was also dismissed.

C. The Committee's conclusion

1. 38. With regard to the alleged dismissals of trade union leaders and militants by the Shellmar company, the Committee notes that the union had filed a complaint and that, following an inquiry, the company was acquitted of the charges against it by the court of first instance and the court of appeal.

The Committee's recommendations

1. 39. In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.