Interim Report - Report No 204, November 1980

Case No 919 (Colombia) - Complaint date: 23-JAN-79 - Closed

1. 319. The Committee already examined this case at its meeting in May 1975, when it presented an interim report to the Governing Body.
2. 320. Since then, the Committee received a communication dated 21 September 1979 from the National Federation of State Workers (FENALTRASE). The Committee also received communications from the Government dated 6 May, 25 July, 12 August, 19 September and 20 October 1980.
3. 321. Colombia has ratified both the Freedom of Association and Protection of the Right to Organisation Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 322. After the Committee examined the case in May 1979, two matters remained pending. The first concerned the death of the trade union leader Pedro Pablo Bello and the other the arrest and sentencing of trade union leaders and the allegations of ill treatment to which some detainees were said to have been subjected.
2. 323. As concerns the death of Pedro Pablo Hello, a trade union official in the agricultural sector, the complainants alleged that he met his death in the course of repressive action against the peasants and indigenous population. The Government replied that it had not been established that this death was connected with trade union activities and that there was certainly no evidence that governmental authorities were involved in the death. The Committee pointed out the importance it attached, in the case of trade unionists who had lost their lives in similar situations, to the fact that the circumstances of the death were the subject of an impartial inquiry, and in accordance with this principle, it recommended to the Governing Body to request the Government to indicate whether an inquiry had been conducted into the death of Pedro Pablo Bello, and if so, to communicate its findings.
3. 324. As concerns the arrest and sentencing of trade union leaders, the complainants alleged that the Government carried out anti-union repression on the pretext of rebellion or the illegal carrying of fire-arms. The Government replied that the trade union leaders were arrested and condemned because they were acting outside the law and because of their probable links with a subversive movement. The Government added that some of the persons arrested had been sentenced for the illegal carrying of firearms, others had been take into preventive custody and the rest had been released. In this respect, the Committee pointed out that it would be useful to have precise information on the specific facts held against the persons under arrest, the legal action that had been taken against them and the results of such action. It requested in particular that in the event of conviction, a copy of the judgements rendered with the reasons adduced therefore, should be sent. To this end, the Committee recommended to the Governing Body to request the Government to supply a copy of the judgements that had been or might be pronounced on the trade union leaders, with the reasons adduced therefore, and to supply additional information on the facts which led up to their arrest.
4. 325. As regards the allegations relating to ill treatment inflicted on arrested trade unionists by the armed forces, the Government categorically denied the accusations and stated that the information supplied by the complainants could not be considered as being founded. The Committee stressed the importance of carrying an inquiry into the facts in order to establish responsibility and of taking appropriate action. It therefore recommended the Governing Body to request the Government to indicate whether inquiries had been initiated in connection with the persons named by the complainants.

B. Recent developments

1. (1) New allegations
2. 326. In its communication dated 21 September 1979, FENALTRASE alleges that the Government is undertaking a systematic persecution of trade unions, contrary to the international obligations it has contracted with the ILO. In support of its allegation it provides a long list of trade union leaders who have been dismissed or suspended from their trade union activities, as well as documentation concerning some of these dismissals. It alleges, furthermore, that in many cases the trade union leaders concerned have subsequently been prevented from resuming their union activities.
3. 327. Lastly, FENALTRASE alleges that there has been militaristic interference in trade union organisations, resulting in acts of physical aggression against workers in the Judiciary, the arrest of union, leaders in the National University and the detention of union leaders and activists, principally in the Ministry of Finance.
4. (2) The Government's reply
5. 328. The Government sent communications dated 25 July, 12 August, 19 September and 20 October 1980 giving some of the information requested by the Committee in its previous examination of the case.
6. 329. In its communications the Government states that, with respect to the persons who were sentenced, José Heriberto Higuita David and José Dorante Torres Osorio were arrested for the illegal carrying of fire-arms, that Manuel Castillo Riseco, Jests Hermógenes Rodriguez and, Salvador Correa Alfaro were arrested for the illegal carrying of fire-arms and explosives, that Hipólito Valderrama Ortiz was sentenced to one year's imprisonment for the illegal carrying of fire-arms and that Obdulia Prada Mayorga was sentenced to three years detention for the illegal carrying of fire-arms and explosives. The Government adds that José Dorante Torres Osorio has been released.
7. 330. As regards the new allegations, the Government sent a communication dated 6 May 1980 setting forth the legal principles relating to the status of official employees in the public sector.

C. The Committee's conclusions

1. 331. As regards the matters which remain pending, i.e. the death of the trade unionist Pedro Pablo Bello, the arrest and sentencing of several trade union leaders and the allegations of ill treatment to which some of them were submitted, the Committee observes that the Government has furnished some information on the persons who had been sentenced but has not provided any other information on the remainder of these matters.
2. 332. As concerns the new allegations, the Committee notes furthermore that the communication dated 6 May 1980 from the Government does not go beyond setting forth certain legal principles and does not reply in a concrete manner to the allegations made by the complainants.

The Committee's recommendations

1. 333. In these circumstances, the Committee recommends to the Governing Body:
   • (a) as regards the death of Mr. Pedro Pablo Bello, to request the Government once again to indicate whether an inquiry has been conducted into his death and, if so, to communicate its findings;
   • (b) as regards the allegations relating to the detention and sentencing of certain persons:
   • (i) to request the Government to supply a copy of the judgements that have been pronounced, with the reasons adduced therefore, regarding Manuel Castillo Ruiseco, Salvador Correa Alfaro, José Heriberto Higuita David, Obdulia Prada Mayorga, Jests Hermógenes Rodriguez and Hipólito Valderrama Ortiz;
   • (ii) to request the Government to supply additional information on the specific facts which led up to the arrest of Máximo Eduardo Cruz Puentes, José Luis Lozano Laguna, Jorge Elieser Diaz Russi, Humberto Galeano, Elena Isaac Hertado, Olga López Jaramillo de Roldán, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarro León Gómez, Alfonso Maya Romero, Sofia de Panchón, Alfonso Prada, Humberto Serna, Hernando Solano Bareño, Alvaro Quijano Rozo, Denry Vicente Rivera Garcia and Saturniro Sepúlveda and to supply a copy of the judgements that may have been pronounced, with the reasons adduced therefore;
   • (iii) to request the Government to indicate whether inquiries have been initiated in connection with the alleged ill treatment to which Hipólito Valderrama Ortiz and Antonio Ruiz Munetón were submitted during the period in which they were held in protective custody;
   • (c) as regard the new allegations (referred to in paragraphs 326 and 327), to request the Government to supply concrete informatics on the various matters raised by FENALTRASE;
   • (d) to take note of this interim report.