Rapport intérimaire - Rapport No. 142, 1974

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

1. 155. The Committee examined this case at its meetings in November 1967, February 1968 and February-March 1972 and submitted to the Governing Body the three interim reports to be found in paragraphs 453 to 471 of its 101st Report, paragraphs 208 to 227 of its 103rd Report, and paragraphs 101 to 117 of its 129th Report. These were approved by the Governing Body at its 170th Session (November 1967), 171st Session (February-March 1968) and 185th Session (February-March 1972) respectively.

A. A. The complainants' allegations

1. 156. The case concerns the attempts of the Trade Union Confederation of Workers of Colombia (CSTC) to obtain legal personality. At paragraph 111 of the 129th Report, it was stated that various federations had met on 2 December 1970 for the purpose of reconstituting the CSTC and seeking legal personality for the third time. At paragraph 117 of the same Report, the Government was requested to be good enough to provide information on the resolution concerning the new request for the granting of legal personality to this Confederation. This information has now been received in a communication from the Government dated 31 October 1973.
2. 157. In its letter the Government states that the request for the granting of legal personality to the CSTC has 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 holds that several of the proposed by-laws failed to meet the legal requirements, for example: article 5(b), concerning proceedings for the submission of claims; article 7(e), concerning the Executive Committee's power to examine intro-union, inter-union and union-management-labour-authority disputes; article 11, on the non-recognition of the National Labour Congress; article 27(d) concerning the conclusion 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.
3. 158. The Government does not provide the exact text of the by-laws objected to, nor does it inform the Committee of the nature of its objections. It would appear to the Committee, on the basis of the enumeration referred to in the preceding paragraph, that the matters dealt with in these by-laws are primarily internal affairs of the union and would fall 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. 159. As has already been pointed out by the Committee on previous occasions, this case involves the principle that workers' organisations should 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. In this respect, the Committee again recalls that it took the view in one of its first cases that the formalities prescribed by national regulations concerning the Constitution and functioning of workers' organisations were compatible with the provisions of Convention No. 87, provided that the provisions in such regulations did not infringe the guarantees laid down in the Convention. 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. 160. The Committee observes once again that a very considerable period of time has elapsed since the CSTC made its third request for recognition of its legal personality at the end of 1970. The Committee points 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.

The Committee's recommendations

1. 161. In these circumstances, the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government to the principles and considerations set forth in paragraphs 158 to 160 above, and in particular to the fact that the statutory formalities to be complied with by the founders of a trade union should not be such as to hamper freedom to form organisations;
   • (b) to request the Government to be good enough to provide information on the exact wording to the CSTC by-laws objected to by the General Secretariat of Labour and the specific nature of these objections; and
   • (c) to take note of the present interim report, it being understood that the Committee will submit a further report as soon as it is in possession of the information requested above.