Interim Report - Report No 286, March 1993

Case No 1477 (Colombia) - Complaint date: 28-OCT-88 - Closed

1. 346. The Commmittee has examined these cases on several occasions, most recently at its May 1992 meeting when it presented an interim report to the Governing Body (see 283rd Report of the Committee, paras. 232-246, approved by the Governing Body at its 253rd (May-June 1992) Session). The Government sent new observations in communications dated 9 June and 28 September 1992.
2. 347. Colombia has ratified 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. Previous examination of the cases

1. 348. The complainants' allegations still pending relate to the assassination and disappearance of trade union leaders and members; criminal proceedings under way against several trade union leaders; the arrest of a trade union leader; the search of a trade union's headquarters; and acts of anti-trade union discrimination in the Bank of Caldas and the National Federation of Coffee Growers.
2. 349. At its meeting of May 1992, the Committee made the following recommendations (see 283rd Report of the Committee, para. 246):
3. The Committee requests the Government to supply information on the inquiries into the murder of Marlene Medina Gómez, Francisco Dumar, Christian Roa and Luis Villadiego;
4. The Committee once again requests the Government to provide it as soon as possible with detailed information on the murder or disappearance of the following trade union leaders and trade unionists (murdered: Jorge Martínez, Heriberto López, Apolinar Fabra, Román Hernández and Fredy Enrique Mejía; missing: Luis Alberto Builes, Alvaro Usuga, Elvia Marina Díaz, Marcial Alonso González and Lucio Serrano Luna), and on whether judicial investigations have been opened with the firm intention of clarifying the facts, judging and penalizing the guilty parties in order to prevent a recurrence of such reprehensible situations. The Committee also once again requests the Government to respond to the allegations concerning the detention of the trade union leader Francisco Javier Sepúlveda and the searching of the premises of FESTRACOR-CUT and ADEMACOR-CUT;
5. The Committee requests the Government to keep it informed of the outcome of the legal proceedings and administrative investigations concerning alleged acts of anti-union discrimination or violations of the principle of collective bargaining which occurred at the Bank of Caldas and the National Federation of Coffee Growers;
6. Considering the seriousness of the recent allegations concerning the murder of the trade union leader, Emilo Rueda Ortíz and the death threats made against trade union leaders Eliécer Castro Escobar and Luis Carrillo Jiménez, the Committee urges the Government to send its observations as soon as possible.
7. B. The Government's reply
8. 350. In its communication of 9 June 1992, the Government states in connection with the allegations concerning the Bank of Caldas that the Section of Collective and Individual Complaints of the Departmental Division of Labour and Social Security of Caldas examined an administrative complaint lodged by the President of the National Union of Employees of the Bank of Caldas which stated that the enterprise was not paying the union dues in respect of the workers whose names the trade union had inscribed on a list and who had not renounced the benefits established by collective agreement. The organization requested that the dues which the enterprise had not deducted from workers for a period of year and a half should be paid to the SINDEBANCALDAS trade union. The Government states that after an investigation carried out by the competent officials it was concluded that the enterprise had made the trade union deductions according to the legal provisions in force, that the number of workers affiliated to the trade union did not amount to one-third of the total number of workers in the enterprise and that 44 workers had expressly renounced the benefits established by the collective agreement and/or arbitration award currently in force. It added that at present the Bank of Caldas deducts trade union dues only from those workers who benefit from the collective agreement or arbitration award in force, irrespective of the names included on the list presented by the trade union organization. The Government points out that the complainant organization made applications for appeal against, and action to set aside, the resolution of the Departmental Division of Labour and Social Security of Caldas; these applications were rejected and thus no further appeals are possible through administrative channels.
9. 351. In its communication of 28 September 1992, the Government states that some initial results have been achieved, under the National Strategy Plan against violence which began one year ago, the three major objectives of which are: to guarantee that the exclusive use of force should lie in the hands of the state armed institutions; to restore the capacity of the judiciary to sanction crimes and combat impunity; and to extend the institutional coverage of the State throughout the territory. There were positive results concerning the regionalization of the handling of public order and a reduction in the rates of kidnapping, although little progress has been made concerning the restoration of the State's monopoly over power and the subjugation of the guerrillas.
10. 352. Regarding the murder of the trade union official Emilio Rueda Ortíz the Government states that it asked the competent authorities to keep it informed of the current status of the investigation and that to date it has not yet received a response. The Government adds that the Ministry of Labour and Social Security requested the Administrative Department of Security to protect the lives of the trade union officials Eliécer Castro Escobar and Luis Carrillo Jiménez.
11. 353. The Government adds that the inquiries into the assassination of Marlene Medina, Francisco Dumar, Christian Roa and Luis Villadiego are at the preliminary stage. Furthermore, the Government states that various inquiries are under way to identify the authors of the assassination of trade union official Jorge Luis Martínez; and that as regards the allegations concerning the arrest of the trade union official Francisco Javier Supúlveda and the search of the FESTRACOR-CUT and ADEMACOR-CUT premises it has not been possible to find any record of these events.

C. The Committee's conclusions

1. 354. The Committee notes that according to the Government the National Strategy Plan against violence which began a year ago has had positive effects concerning the regionalization of the handling of public order and a reduction in the rates of kidnapping, but that it has had little effect concerning the recuperation of the exclusive use of force by the State and the subjugation of the guerrillas. The Committee regrets the difficult situation facing the country and emphasizes once again the serious nature of the allegations concerning the death and disappearance of trade union officials and trade unionists, which it deeply deplores.
2. 355. The Committee notes that various inquiries are under way to identify the authors of the assassination of trade union official Jorge Luis Martínez and that the judicial inquiries into the assassinations of Marlene Medina Goméz, Christian Roa, Francisco de Paula Dumar Mestre and Luis Villadiego are at the preliminary stage. The Committee also notes with interest that the Ministry of Labour and Social Security requested the Administrative Department of Security to protect the lives of the trade union officials Eliécer Castro Escobar and Luis Carrillo Jiménez.
3. 356. As regards the allegation concerning the murder of trade union leader Emilio Rueda Ortíz, the Committee regrets that the Government merely states in its observations that it has not received any information from the "competent authorities" on this case. The Committee also deeply regrets that once again the Government has not given any information on the assassination or disappearance, several years ago, of the following trade union officials and trade unionists. Murdered: Heriberto López (14.2.90), Apolinar Fabra (8.7.90), Román Hernández (17.7.90) and Fredy Enrique Mejía (17.7.90). Missing: Luis Alberto Builes, Alvaro Usaga, Elvia Marina Díaz, Marcial Alonso González and Lucio Serrano Luna. The Committee urges the Government to state whether judicial inquiries have been initiated with a view to identifying the facts, and judging and sentencing the guilty parties in order to prevent a recurrence of such reprehensible situations.
4. 357. As regards the allegations concerning the arrest of trade union official Francisco Javier Sepúlveda and the search of the FESTRACOR-CUT and ADEMACOR-CUT premises, the Committee notes that the Government has not been able to ascertain the facts. The Committee deplores this situation since it has been asking the Government to reply to these allegations for a number of years and it emphasizes the importance of the respect of basic rights of organizations and their officials. In these circumstances the Committee firmly emphasizes that the arrest of trade union officials and trade unionists for legitimate trade union activities and against whom no specific charge is made, as well as the search of trade union premises, are serious violations of the principles of freedom of association.
5. 358. As regards the alleged acts of anti-trade union discrimination or infringements of the principle of collective bargaining in the Bank of Caldas, the Committee notes that the administrative investigation has been concluded and that the enterprise has been cleared of the charges made by the complainant organization. The Committee urges the Government to keep it informed of any appeal for anti-union discrimination made to the courts by the trade union of workers of the Bank of Caldas. It requests the Government as well to keep it informed of any judicial appeal for the violation of collective agreements made against the National Federation (of employers) of Coffee Growers.

The Committee's recommendations

1. 359. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets the difficult situation affecting the country and deeply deplores once again the serious nature of the allegations concerning the death and disappearance of trade union officials and trade unionists.
   • (b) The Committee also deeply regrets that the Government has not provided information on the murder of trade union official Emilio Rueda Ortíz, as well as on the murder or disappearance several years ago of the following trade union officials and trade unionists. Murdered: Heriberto López (14.2.90), Apolinar Fabra (8.7.90), Román Hernández (17.7.90) and Fredy Enrique Mejía (17.7.90). Missing: Luis Alberto Builes, Alvaro Usuga, Elvia Marina Díaz, Marcial Alonso González and Lucio Serrano Luna. The Committee urges the Government to inform it whether judicial inquiries have been opened with the intention of clarifying the facts and judging and sentencing the guilty parties in order to prevent a recurrence of such situations.
   • (c) The Committee urges the Government to keep it informed of any appeal made to the judicial authorities by the unions of the Bank of Caldas regarding anti-trade union discrimination.
   • (d) The Committee also requests to be kept informed of the results of any appeal for violation of collective agreements against the National Federation (of employers) of Coffee Growers.