Rapport définitif - Rapport No. 156, Juin 1976

1. 8. The complaint from the Latin American Central of Workers and that from the World Confederation of Labour were submitted in communications dated 15 January 1975 and 5 February 1975, respectively. The Government submitted its observations by a communication of 25 September 1975.
2. 9. Colombia has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 10. The complainants state that the General Confederation of Labour (CGT) has been waiting since 1971 for the granting of legal personality, although it has fulfilled all the conditions foreseen by law for that purpose. They submitted in support of their allegations a photocopy of documents from various departments of the Ministry of Labour, which confirm that the legal provisions have been respected and support the recognition of the CGT.
2. 11. The Government states in its reply that the CGT received legal personality by resolution No. 02230 of 14 July 1975.

B. B. The Committee's conclusions

1. 12. The Committee has already had to examine several cases relating to Colombia in which a workers' organisation had difficulty in obtaining legal recognition. It must also be added that under the national Labour Code, legal personality is essential for a trade union organisation to be able to act as such. In the present case, a period of about four years elapsed, without any explanation from the Government, between the application for the granting of legal personality and obtention of this status by the CGT.
2. 13. The problem is bound up with the principle that workers' organisations are entitled to form federations and Confederations or to join them and the principle that the acquisition of legal personality by trade unions, their federations and Confederations shall not be subject to any condition of such a nature as to restrict this right. The Committee considers in particular that whilst 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.