Interim Report - REPORT_NO294, June 1994

CASE_NUMBER 1761 (Colombia) - COMPLAINT_DATE: 01-NOV-93 - Closed

1. 716. The complaints are contained in communications from the Latin American Central of Workers dated 1 and 10 September 1993 and 17 February 1994 and in a communication from the World Confederation of Trade Unions (WFTU) of 24 February 1994. The Government sent some observations in a communication dated 28 April 1994.
2. 717. Colombia has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 718. In its communications of 1 and 10 November 1993 and 17 February 1994 the Latin American Central of Workers (CLAT) alleges that Rodrigo Rojas Acosta was assassinated on 25 October 1993, at 9.30 in the evening, outside his house in the Luis Rolón district of Barrancabermeja. Two hired assassins killed him at point-blank range. He was 28 years old and an active member of the Revolutionary Independent Workers' Movement (MOIR). He joined the Ecopetrol enterprise as a labourer in 1987 and two years ago was elected member of the executive committee of the petroleum refining branch of the Workers' Trade Union (USO). Mr. Rojas stood for the trade union elections in December 1993.
2. 719. The CLAT adds that Mr. Israel Perea was assassinated on 11 October 1993 at 5.30 in the afternoon, in the municipality of Turbo, a banana region in Urabá (department of Antioquia). He was president of the Association of Port and Field Labourers of Urabá. He was 70 years old and an active member of the Colombian Liberal Party.
3. 720. In its communication of 24 February 1994, the World Federation of Trade Unions alleges:
   • - the assassination of Reinaldo Maiguel Camelo, member of the executive committee of the SINTRAINAGRO branch in Magdalena, on 14 February 1994 at his home (Ciénaga);
   • - the arrest of Jorge Luis Ortega García, Rafael Tobar Arrieta, Flavio Trivino, Luis Fernando Orozco, César Martínez, Evelio Guiceno, Héctor Escobar and Germán Roncancio, members of the executive committee of the CUT, on 12 February 1994, by the Public Prosecutor's Office and the 13th Army Brigade, when they were participating in a seminar on economic solidarity and cooperativism on the premises of the retired workers of the National University of Colombia in Mesitas del Colegio;
   • - the arrest of Alvaro Solano, secretary-general of FEDEPETROL, on 11 February 1994 in Neiva, at the end of the First Forum for the Reversion of the Petroleum Industry;
   • - the arrest of Freddy Pulecio, a national leader of the Petroleum Workers' Trade Union, on 17 February 1994 in Arauca, as well as the arrest of Pedro Chaparro and Nicodemo Luna, members of the same trade union, and Orlando Patiño, of the Workers' Trade Union (USO) affiliated to FEDEPETROL;
   • - the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS), on 11 February 1994 in Cali; and
   • - the carrying out of inspection visits by members of the State security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers, which was held in Bogotá between 9 and 12 February 1994.

B. The Government's reply

1. 721. In its communication of 28 April 1994, the Government states that the trade union officials Israel Perea and Reinaldo Maiguel Camelo were assassinated and that information has been requested on the present state of the investigations.
2. 722. As regards the alleged arrest of eight trade union officials on 12 February 1994 in Mesitas del Colegio, the Government states that these were members of the National Liberation Army who were attending a guerrilla summit meeting and were found to be in possession of maps of the municipality and plans of two electrical power stations.
3. 723. The Government also states that Mr. Pedro Chaparro was arrested on 30 April 1993 in Barrancabermeja following an order for his capture issued by the regional public prosecutor's office. Mr. Chaparro was subsequently transferred to the Modelo prison in Bogotá.
4. 724. Finally, the Government points out that the trade union official Alvaro Solano was not arrested in Neiva but it was known that he had been transferred to Bogotá. The Government adds that the Administrative Department of Security (DAS) requested to give any information on the arrest.

C. The Committee's conclusions

1. 725. The Committee notes with concern the serious nature of the allegations concerning the assassination of three trade union officials, the arrest of 12 trade union officials and trade unionists, the expulsion of workers from the headquarters of the Construction Workers' Trade Union and the carrying out of inspection visits by members of the State security to trade union meetings and headquarters.
2. 726. In general, the Committee draws to the Government's attention that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists or members of such organizations and that it is the responsibility of governments to ensure that this principle is respected (see 291st Report, Case No. 1700 (Nicaragua), para. 310). Furthermore, freedom of association can be exercised only in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed (see, for example, 233rd Report, Case No. 1233 (El Salvador), para. 682 and 238th Report, Cases Nos. 1199, para. 267; 1262, para. 280 and 239th Report, Cases Nos. 1176, 1195 and 1215, para. 225(c)).
3. 727. More specifically, as regards the allegations concerning attacks on the right to life, the Committee deeply deplores the assassination of the trade union officials Rodrigo Rojas Acosta, Israel Perea and Reinaldo Maiguel Camelo and notes that the Government only gives vague information on the existence of inquiries into the last two mentioned murders. The Committee wishes to insist on the need for judicial inquiries to be carried out in all the cases to clarify the facts, determine responsibilities and punish the guilty parties and requests the Government to take the necessary steps to this end and to keep it informed of the outcome of such investigations. The Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights. (See 288th Report Cases Nos. 1273, 1441, 1494 and 1524 (El Salvador), para. 30; 291st Report, Cases Nos. 1273, 1441, 1494 and 1524 (El Salvador), para. 241; and 292nd Report, Cases Nos. 1434 and 1477 (Colombia), para. 255.)
4. 728. As regards the arrest of eight trade union officials on 12 February 1994 in Mesitas del Colegio, the Committee notes that according to the Government, these persons were members of the National Liberation Army attending a guerrilla summit meeting and were found in possession of maps of the municipality and plans of two electrical power stations. The Committee notes that the Government's version contradicts that of the complainant organizations, which maintain that the officials in question were participating in a seminar on economic solidarity and cooperativism. In these circumstances the Committee requests the Government to indicate whether legal proceedings have been brought against the trade union officials in question and whether they have been released.
5. 729. As regards the other alleged arrests, the Committee notes that the Government has not furnished any observations (in the case of Messrs. Freddy Pulecio, Nicodemo Luna and Orlando Patiño) or has given insufficient information (Messrs. Alvaro Solano and Pedro Chaparro) to enable the Committee to ascertain whether the arrests were due to trade union reasons. The Committee therefore requests the Government to indicate the facts and offences allegedly committed by these officials, whether legal proceedings have been initiated against them and whether they have been released.
6. 730. In general, the Committee emphasizes that the detention of trade unionists and trade union leaders for reasons connected with their activities to defend the interests of workers is contrary to the principles of freedom of association (see 217th Report, Case No. 1508 (Sudan), para. 412(c)).
7. 731. Finally, the Committee requests the Government to send its observations on the other allegations to which it has not replied: (1) the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS) on 11 February 1994 in Cali; and (2) the carrying out of inspection visits by members of the State security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers which was held in Bogotá between 9 and 12 February 1994.

The Committee's recommendations

1. 732. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that trade union rights can be exercised only where fundamental human rights, and in particular the right to life and the security of the person are fully respected and guaranteed, the Committee requests the Government to take steps to ensure that judicial inquiries are carried out to clarify the facts, determine responsibilities and punish the authors of the assassination of the trade union officials Rodrigo Rojas Acosta, Israel Perea and Reinaldo Maiguel Camelo, which the Committee deeply deplores and repudiates. The Committee requests the Government to keep it informed in this regard. It also recalls that the absence of judgements against the guilty parties creates in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights.
   • (b) As regards the arrest of eight trade union officials on 12 February 1994 in Mesitas del Colegio, the Committee requests the Government to state whether proceedings have been initiated against these trade union officials and whether the latter have been released.
   • (c) As regards the other allegations of the arrest of trade union officials (Freddy Pulecio, Nicodemo Luna, Orlando Patiño, Alvaro Solano and Pedro Chaparro), the Committee requests the Government to indicate the facts and offences allegedly committed by these officials, whether proceedings have been initiated against them and whether the officials have been released.
   • (d) Finally, the Committee requests the Government to send its observations on the allegations to which it has not replied: (1) the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS) on 11 February 1994 in Cali; and (2) the carrying out of inspection visits by members of the State security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers which was held in Bogotá between 9 and 12 February 1994.