Definitive Report - Report No 217, June 1982

Case No 1079 (Colombia) - Complaint date: 24-DEC-81 - Closed

1. 54. The Committee examined this case at its meeting in February 1982 and submitted an interim report to the Governing Body. The Government subsequently sent a communication dated 20 April 1982.
2. 55. Colombia has ratified both the Freedom of Association and Protection of the Right to Organise, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 56. When the case was examined previously, the following allegation remained outstanding: the detention of leaders of the Trade Union of Workers of Public Undertakings of Medellin on the sole ground, according to the complainants, of having submitted a list of grievances. The Committee asked the Government, which had not replied to this allegation, to transmit its observations.

B. The Government's reply

1. 57. In a communication dated 20 April 1982 the Government states that, under Colombia's legal system, no person may be denied his freedom solely on the grounds of having submitted or negotiated a list of grievances. Workers' rights were fully guaranteed in this respect, the proof being the large number of agreements reached and arbitration awards handed down in the course of 1981.
2. 58. The Government further points out that the complainants do not mention the names of the leaders of the Trade Union of Workers of Public Undertakings of Medellin who have allegedly been arrested but merely make general, unsubstantiated allegations. In the absence of the most basic information, it is therefore impossible to investigate the legal situation of the persons concerned.

C. The Committee's conclusions

1. 59. The Committee notes the Government's statement, in particular, that under Colombia's legal system no person may be denied his freedom for the reasons given by the complainants, that is to say on the sole ground of submitting a list of grievances. The Committee observes, moreover, that, although requested to send additional information, the complainants have not indicated the names of the leaders of the Trade Union of Workers of Public Undertakings of Medellin who have allegedly been arrested and have given no indication whatsoever of the date on which they are supposed to have been arrested, as a result of which the Government has not been able to make appropriate inquiries. In these circumstances, and in view of the fact that the complainants have not submitted the necessary information in support of their complaint, the Committee considers that this case does not call for further examination.

The Committee's recommendations

• Recommendations of the Committee
  60. 60 In these circumstances, the Committee recommends the Governing Body to decide that the case does not call for further examination.