Rapport définitif - Rapport No. 147, 1975

Cas no 514 (Colombie) - Date de la plainte: 03-AVR. -67 - Clos

1. 18. The Committee has already examined this case at its 47th (November 1967), 48th (February 1968), 60th (February-March 1972) and 66th (February 1974) Sessions and on each occasion it submitted an interim report to the Governing Body. These reports can be found in paragraphs 453 to 471 of its 101st Report, paragraphs 208 to 227 of its 103rd Report, paragraphs 101 to 117 of its 129th Report and paragraphs 155 to 161 of its 142nd Report.
2. 19. Colombia has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 20. The case concerns the attempts of the Trade Union Confederation of Workers of Colombia (CSTC) to obtain legal personality. The first request for the granting of legal personality was submitted in 1964 but for various reasons it was rejected by the Government two years later. A second request submitted in July 1966 was also rejected in March 1967. In December 1970 various federations met for the purpose of reconstituting the CSTC. Shortly after, a request for recognition of legal personality was submitted.
2. 21. At its 60th Session the Committee recommended the Governing Body to draw the attention of the Government to the principles and observations set forth in paragraphs 112 to 116 of its 129th Report, and in particular to the fact that the statutory formalities should not be such as to hamper freedom to form organisations. The Government was also requested to be good enough to provide information on the resolution concerning the third request for the granting of legal personality.
3. 22. On 31 October 1973 the Government replied that the request had been passed from the General Secretariat of the Ministry of Labour and Social Security to the Labour Relations Branch of that Ministry because the General Secretariat objected to several of the proposed by-laws of the CSTC, and, more particularly, to article 5(b), concerning proceedings for the submission of claims; article 7(e), concerning the Executive Committee's power to examine intra-union, inter-union and union-management-labour authority disputes; article 11, on the nullity of the National Labour Congress; article 27(d), concerning the concluding of collective agreements by affiliated unions; article 37(j), concerning assignment of union funds and petty cash; article 38(b), concerning a general study of the country's problems through legislative provisions; and article 50, concerning the Confederation's expenditure and budget.
4. 23. The Government did not provide the exact text of the bylaws objected to, nor did it inform the Committee of the nature of its objections. It appeared to the Committee at its 66th Session, on the basis of the enumeration referred to in the preceding paragraph, that the matters dealt with in these by-laws were primarily internal affairs of the union and fell within the scope of Article 3 of Convention No. 87, which states that "workers' and employers' organisations shall have the right to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes" while the "public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof".

B. B. The Committee's conclusions

1. 24. As has already been pointed out by the Committee on previous occasions, this case involves the principle that workers' organisations have the right to establish and join federations and Confederations, and the principle that the acquisition of legal personality by workers' organisations, federations and Confederations should not be made subject to conditions of such a character as to restrict this right. The Committee also upheld the view that a requirement that union rules should comply with national legislation did not constitute a violation of the generally accepted principle that workers' organisations should have the right to draw up their Constitutions and rules in full freedom, provided that such statutory requirements did not infringe the principle of freedom of association.
2. 25. The Committee observed that a very considerable period of time had elapsed since the CSTC made its third request for recognition of its legal personality. The Committee pointed out again, as it did in another case concerning Colombia, 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 a nature as to hamper freedom to form organisations.
3. 26. In paragraph 161 of its 142nd Report the Committee recommended the Governing Body to draw the attention of the Government to the principles and considerations set forth in paragraphs 6 to 8 above and to request the Government to be good enough to provide information on the exact wording of the CSTC bylaws objected to by the General Secretariat of Labour and the specific nature of these objections.
4. 27. In a communication of 20 August 1974, the Government announced that a resolution had been passed that same day granting legal personality to the CSTC. This information is confirmed in a letter from the CSTC dated 9 September 1974.
5. 28. This case can be summed up as follows. The CSTC submitted two successive requests for the granting of legal personality - the first in 1964 - which for various reasons were rejected by the Government. According to the Labour Code of Colombia a trade union cannot act as such unless it enjoys legal personality. A third request for this to be granted was submitted at the end of 1970. The labour authorities raised objections which are summarised in paragraph 22 above.
6. 29. The Committee has made observations in a number of reports dealing with this case. It now notes that the organisation concerned has finally obtained legal personality. Consequently, the Committee considers that the matter raised in the complaint has been settled and that no further action is called for.

The Committee's recommendations

1. 30. Accordingly, the Committee recommends the Governing Body:
   • (a) to note with interest that the organisation in question has obtained legal personality, and
   • (b) to decide that the case does not call for further examination on its part.