Definitive Report - Report No 217, June 1982

Case No 1085 (Colombia) - Complaint date: 03-NOV-81 - Closed

174. The Committee examined this case at its meeting in February 1982 and submitted an interim report to the Governing Body. The Government subsequently sent communications dated 20 April and 24 May 1982.

1. 174. The Committee examined this case at its meeting in February 1982 and submitted an interim report to the Governing Body. The Government subsequently sent communications dated 20 April and 24 May 1982.
2. 175. Colombia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

A. Previous examination of the case

1. 176. When the case was examined previously, the following allegations remained outstanding: the murder of a number of participants in the general strike of 21 October 1981, the torture of union leaders, the raiding or searching of union headquarters and the suspension by administrative authority of the juridical status of the Federation of Workers of Cundinamarca. The Committee requested the Government to transmit its observations on these points to which it had not yet replied. The Committee also requested the Government to indicate which of the union leaders and members detained because of the general strike of 21 October 1981 were still in custody and the charges against them and, in the light of the principles of freedom of association. As regards the suspension of the legal personality of trade union organisations, to modify Decree No. 2932 of 19 October 1981 and revoke as soon as possible the administrative measures adopted in October 1981 on the basis of that Decree, whereby the legal personality of the CSTC, FENALTRASE and FECODE was suspended for six months, pending the court's decision on the subject.

B. The Government's reply

1. 177. The Government states in its communication dated 26 April 1982 that the complainants refer in general terms to alleged murders and torture, without citing any names or providing any information to support their statements and that, as certified by the competent authority on 2 April 1982, no complaint has been lodged regarding the ill-treatment or torture of citizens or union members.
2. 178. The Government adds that the allegation that trade union headquarters have been searched is couched in general and vague terms without any precise facts being mentioned. According to the Government, any search that might have occurred was not directed at any union headquarters as such but took place because subversive elements had gone into hiding there in order to evade justice.
3. 179. With regard to the alleged arrests, the Government states that, as certified by the competent authority, no trade union leaders or members have been arrested as a result of the 21 October 1981 strike.
4. 180. The Government also states that the legal personality of the Federation of Workers of Cundinamarca has not been suspended and that, by decision of 10 December 1981, the Supreme Court of Justice has declared that Decree No. 2932 is in conformity with the Constitution and the law.
5. 181. In its communication of 24 May 1982, the Government points out that the sanctions against FENALTRASE, FECODE and the CSTC whose legal personality had been suspended in October 1981 have been lifted.

C. The Committee's conclusions

1. 182. The Committee notes the Government's statement regarding the vague and imprecise nature of the allegations of murder, torture and the searching of union headquarters. In so far as the complainants, though requested to submit additional information, have not provided the names of the persons or legal bodies allegedly involved or any other details regarding their allegations, the Committee considers that these aspects of the case do not call for further examination.
2. 183. The Committee notes, moreover, that the Federation of Workers of Cundinamarca has not been suspended and that no trade union leaders or members have been arrested as a result of the 21 October 1981 strike. In these circumstances, the Committee also considers that these allegations do not call for further examination.
3. 184. With regard to the suspension by administrative authority of the legal personality of the CSTC, FENALTRASE and FECODE for six months, the Committee notes that the suspension of these organisations was pronounced in October 1981 and that the Government has confirmed that these sanctions no longer apply.
4. 185. The Committee further observes that, by decision of 10 December 1981, the Supreme Court of Justice has declared that Decree No. 2932 of 19 December 1981 is in conformity with the Constitution and the law. Since it had requested the Government to modify the Decree in the light of the principles of freedom of association, the Committee, recalling that Article 4 of Convention No. 87 stipulates that workers' and employers' organisations are not liable to be dissolved or suspended by administrative authority, wishes to draw the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case for its further examination.

The Committee's recommendations

• Recommendations of the Committee
  186. 186 In these conditions, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions:
       • (a) regarding the alleged suspension of the legal personality of the CSTC, FENALTRASE and FECODE for six months, the Committee observes that the Government confirms that the period of suspension of these organisations has expired. It draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to Decree No. 2932 of 19 October 1981, which is the legal text on which the abovementioned administrative decisions were based, so that it can examine the legislative aspect of the case further;
       • (b) as regards the remaining allegations, the Committee considers that they do not call for further examination.