Interim Report - Report No 253, November 1987

Case No 1376 (Colombia) - Complaint date: 17-JUL-86 - Closed

1. 328. The Committee on Freedom of Association examined this case at its meeting of February 1987 and presented an interim report to the Governing Body (see 248th Report, paras. 504 to 523), which was approved at its 235th Session (March 1987).
2. 329. At its May 1987 meeting the Committee decided to adjourn its examination of the pending allegations (see paragraph 9 of the 251st Report, approved by the Governing Body at its 236th Session (May 1987)), noting that although certain communications had been received from the Government (25 February and 29 April 1987) on some of the outstanding allegations, the Government had stated that it would be sending additional observations.
3. 330. Since then, new allegations have been received from the World Federation of Trade Unions (WFTU) in a communication of 27 July 1987. The Government sent fresh observations in communications dated 10 June, 28 July, 18, 24 and 25 August, 9 September and 7 and 21 October 1987, and in an undated communication received at the ILO on 28 August 1987.
4. 331. 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. Previous examination of the case

1. 332. When the Committee examined this case at its February-March 1987 meeting, it requested the Government to keep it informed of developments in the current judicial investigations into the death of the trade unionist, Carlos Betancourt Bedoya, and the disappearance of trade unionists Gildardo Ortiz Cardozo and Gentil Plazas. It also requested the Government to send its observations on the allegations to which it had not yet responded (the non- recognition of the Fusagasugá regional committee of the complainant organisation by the undertaking in spite of the fact that it is recognised by the Ministry of Labour; the non-payment by coffee companies of contributions owed to the union as a result of collective bargaining; and certain actions by coffee companies prejudicial to unionised workers, particularly as regards wage increases).

B. Subsequent developments in the case

1. 1. New allegations
2. 333. In a communication dated 27 July 1987, the World Federation of Trade Unions (WFTU) states that on 1 July Juan Esteban Hernández and Raúl Hiquita, members of the Banana Workers' Trade Union (SINTRABANANO), and Narciso Mosquera, a member of the Peasant Workers' Trade Union (SINTAGRO) were assassinated at the Esmeralda plantation. On 16 July Bernardino García, President of SINDIGAS, Jairo Blandón and Jesús Francisco Guzmán were assassinated in Bucaramanga. On the same day, the journalist Fernando Bahamón Molina was killed in Florencia. Furthermore, Euclides Garzón, a former official of the Unified Confederation of Workers, was assassinated on 15 July. Other trade union leaders, including Fernando Pérez and Asdrúbal Jiménez Vaca, members of SINTAGRO, have received death threats. According to the WFTU, this wave of repression was motivated by a day of protest against the murder of trade unionists, which was organised by the trade union organisations mentioned in this communication.
3. 2. The Government's reply
4. 334. In its communications the Government provides the following information: as regards the judicial proceedings concerning the death of trade unionist Carlos Betancourt Bedoya, the judge of the First Higher Court of Manizales (Caldas) reported that the Court's investigation - which is continuing - had not succeeded in identifying the guilty parties owing to the lack of evidence. Nevertheless, investigations aimed at clarifying the circumstances in which this person lost his life continue, and developments, if any, will be communicated to the ILO.
5. 335. As regards the allegations of trade union persecution by the National Coffee Trade Federation against the trade union's regional committee in Fusagasugá (CUNDINAMARCA), the Government states that the chief of the Social Questions Branch of the Inspectorate of Labour (Visitaduría) has indicated that her office has completed its investigation of the Federation's refusal to grant certain trade union privileges to the Union's representatives; this resulted in Resolution No. 196 of July 1987 imposing a fine of five times the basic wage ($102,549.00, equivalent to US$410.19) and obliging the Federation to grant the privileges to those entitled to them on the Union's national executive. The employer's appeal of this decision was rejected in Resolution No. 238 of 17 September 1987, which confirmed the fine. The Government adds that it has supplied full and complete information on the alleged acts of anti-union persecution by the National Coffee Trade Federation. It states that when it was proven that the Federation had failed to observe its obligations it was punished in accordance with the law; nevertheless, the other alleged incidents were not reported to the competent authorities by the Union which was supposedly affected, and therefore cannot be considered as violations of freedom of association so long as they remain unproven by those involved and who have the duty to report them to the administration.
6. 336. The investigation into the disappearance of Messrs. Gildardo Ortiz Cardozo and Gentil Plazas falls within the jurisdiction of the Third Criminal Circuit Court of Garzón (Huila); the judge has reported that she ordered the temporary closure of the investigation aimed at identifying those responsible for the disappearance of Gildardo Ortiz Cardozo and Gentil Plazas, in accordance with the provisions of section 473 of the Code of Criminal Procedures; however, police and prosecuting authorities are still investigating the matter to gather evidence with a view to identifying the party or parties responsible and to re-opening the case.
7. 337. As regards the deaths of Messrs. Bernardino García, Jairo Blandón, Jesús Francisco Guzmán and Euclides Garzón, and of the journalist Fernando Bahamón Molina, the Government deeply deplores these events, and states that they were probably perpetrated by persons associated with subversive groups or drug traffickers; moreover, it regrets that in spite of its wholehearted and well-known efforts to ensure a suitable standard of living and a peaceful environment for its citizens, there still exist groups which seek to sow discontent among the working class, especially within the community of journalists. Information has been requested from court officials responsible for these investigations, and in this connection the Government notes that the investigation into the death of the journalist Fernando Bahamón Molina, entrusted to the Fifth Criminal Court of Florencia, proceeded immediately to an autopsy on 16 July 1987. The investigation was opened on 17 July 1987. Proceedings were officially opened to identify the guilty party or parties, and Luis Angel Parra Medina was subsequently indicted. The Government notes that there is no evidence in the Court's report that the crime had any connection with politics or trade union matters. The Government adds that information concerning the deaths of Bernardino García, Jairo Blandón, Jesús Francisco Guzmán and Euclides Garzón will be forwarded to the ILO as soon as it is received.
8. 338. Lastly, the Government reports that as regards the deaths of Juan Esteban Hernández, Raúl Hiquita and Narciso Mosquera, and the allegations of death threats against Fernando Pérez and Asdrúbal Jiménez Vaca, it has requested information from the competent authorities. These authorities have indicated that the death of Mr. Narciso Mosquera is being investigated by the 13th Criminal Circuit Court. The Government notes that, regrettably, the fertile banana region of Urabá is being buffeted by violence perpetrated by subversive groups which seek to force workers (all of them unionised) to join them in order to bring pressure against the companies. During the past month of June, the Government adopted a comprehensive development programme for the region of Urabá; in co-operation with development agencies, the programme seeks to eradicate the problems which detract from the conditions of life and work, to keep this sector from becoming a hot-bed of subversion, and to raise the standard of living of plantation workers to a level commensurate with the region's economic importance. Likewise, the State's presence in the region of Urabá has been strengthened with the establishment of additional police stations, courts, labour inspectorates and other community services.

C. The Committee's conclusions

1. 339. Firstly, the Committee expresses its deep concern at the seriousness of the allegations referring to the death or disappearance of a large number of trade unionists. The Committee notes the Government's statement to the effect that some of the murders were probably committed by subversive groups or drug traffickers despite considerable efforts of the authorities to ensure a peaceful environment.
2. 340. The Committee observes that, according to the Government, court investigations have been opened concerning the death of trade unionists Carlos Betancourt Bedoya, Bernardino García, Jairo Blandón, Jesús Francisco Guzmán, Fernando Bahamón Molina, Euclides Garzón and Narciso Mosquera, and that the investigation into the disappearance of trade unionists Gildardo Ortiz Cardoso and Gentil Plazas has been temporarily closed while evidence is being gathered. While taking note of this information, the Committee deeply deplores the death or disappearance of these trade unionists, requests the Government to inform it of any developments in current investigations and hopes that they will make it possible to identify and punish the guilty parties. The Committee also hopes to receive the information which the Government stated it would send as regards the death of trade unionists Juan Estebán Hernández and Raúl Hiquita and the death threats allegedly received by trade unionists Fernándo Pérez and Asdrúbal Jiménez Vaca.
3. 341. Lastly, as regards the points at issue between the National Coffee Trade Federation of Colombia and the trade union, the Committee notes that the Visitaduría Branch of the Labour Inspectorate fined the Federation for having refused to grant certain trade union priviledges to the union's leaders. The Committee also notes that the union did not present the other questions to the administrative authorities.

The Committee's recommendations

1. 342. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations: The Committee deeply deplores the death or disappearance of the trade unionists referred to in the complaints. While taking note of the information already supplied by the Government, it requests the Government to inform it of any developments in the current judicial investigations, and hopes to receive soon the information concerning certain deaths and death threats, which the Government has stated it will send.