Report in which the committee requests to be kept informed of development - Report No 233, March 1984

Case No 1239 (Colombia) - Complaint date: 03-OCT-83 - Closed

1. 202. The complaint is contained in a joint communication from the international Confederation of Free Trade Unions (ICFTU) and the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW) dated 3 October 1983. The Government replied in communications of 22 November 1983 and 10 January 1984.
2. 203. Colombia has ratified 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. The complainants' allegations

1. 204. The ICFTU and the IFPAAW allege that Francisco Cristóbal Caro Montoya leader of the Workers' Union of the Banana Export Company (SINTRAEXPOBAN) was murdered on 15 August 1983 at 10.30 a.m. in his own home (in the Monterrey district of Currulao, Turbo, Antioquáa), when he returned from Currulao with the family shopping.
2. 205. According to the complainants, when Mr. Caro arrived home, three persons dressed as baseball players, who had been waiting for him for about half an hour, riddled his body with 14 bullets, without any explanation being given for this act.
3. 206. The complainants state that this murder is part of a brutal persecution campaign against various peasant trade union leaders and recall that they had already denounced to the ILO the murder of two peasant trade union leaders of the National Agrarian Federation (organisation to which SINTRAEXPOBAN is affiliated) in September 1982 and the abduction of another trade union leader in April 1983. According to the complainants, the authorities have not reached any conclusions on this matter.

B. The Government's reply

1. 207. The Government states that it deeply regrets the death of Mr. Francisco Cristóbal Caro Montoya, especially in view of the fact that he was a peasant trade union leader, involved in considerable work to attain better living and working conditions for agricultural workers.
2. 208. The Government adds that, with a view to obtaining precise information on the circumstances surrounding these incidents and on the investigation being carried out by the 59th Court of the Criminal Division at Turbo (Antioquáa) and the trial against those responsible for such reprehensible actions, it has approached the commanders of the National Police force and the Army Brigade in the department of Antioquáa for information. As soon as it receives any information on the matter in hand, it will submit it to the Committee.
3. 209. Nevertheless, the Government continues, this matter is not the outcome of any trade union persecution carried out by the State, which constantly attempts to safeguard individual rights; it was most probably committed by subversive elements of one of the small groups which, in spite of the authorities' constant efforts to attain an overall peaceful situation, continue to disturb public law and order.

C. The Committee's conclusions

1. 210. The Committee notes the complainants' allegations concerning the murder of the peasant trade union leader Francisco Cristóbal Caro Montoya, as well as the Government's reply.
2. 211. In particular, the Committee notes that the Government has stated that this union leader's death was not the outcome of any trade union persecution undertaker. by the State and that it has advanced the theory that the said murder might have been carried out by subversive elements belonging to one of the groups continuing to disturb public law and order. The Committee also notes that the Government will submit information on the investigation being carried out by the 59th Court of the Criminal Division at Turbo and the trial against those responsible for the crime, as well as on the circumstances surrounding the events.
3. 212. In this respect, the Committee deeply deplores the death of the trade union leader Francisco Cristóbal Caro Montoya. It draws the Government's attention to the fact that a climate of violence such as that in which this death took place is a very serious threat to the exercise of trade union rights. It recalls that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully guaranteed and respected. The Committee asks the Government to send it the results of the judicial investigation undertaken into the murder of Mr. Caro Montoya and expresses the hope that any subsequent legal proceedings will make it possible to identify the persons responsible and to punish those who are guilty.

The Committee's recommendations

1. 213. In these circumstances, the Committee recommends the Governing Body to approve the present report, and in particular the following conclusions:
   • (a) The Committee deeply deplores the death of the trade union leader Francisco Cristóbal Caro Montoya. It draws the attention of the Government to the fact that a climate of violence such as that in which this death took place is a very serious threat to the exercise of trade union rights.
   • (b) The Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights and in particular those relating to human life and personal safety, are fully respected and guaranteed.
   • (c) The Committee asks the Government to send it the results of the judicial investigation under way into the death of the above-mentioned trade union leader and expresses the hope that any subsequent legal proceedings will make it possible to identify those responsible and to punish those who are guilty.