Interim Report - Report No 283, June 1992

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

1. 232. The Committee has examined these cases on several occasions, most recently at its November 1991 meeting when it presented an interim report to the Governing Body (see 279th Report of the Committee, paras. 483-506, approved by the Governing Body at its 251st Session (November 1991)). In a communication dated 3 April 1992, the Latin American Central of Workers (CLAT) sent new allegations concerning these cases. The Government sent its observations in a communication of 15 February 1992.
2. 233. 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 cases

1. 234. The complainants' allegations still pending relate to requests for information on the murder and disappearance of trade union leaders and members; on criminal proceedings under way against trade union leaders; on the arrest of a trade union leader; on the search of a trade union's headquarters; on the trade union situation at the Bank of Caldas (anti-union dismissals and discrimination, etc.); and on the outcome of dismissal proceedings concerning trade union leaders of the National Federation of Coffee Growers.
2. 235. At its meeting in November 1991, the Committee made the following recommendations (see 279th Report of the Committee, para. 506):
   • - The Committee requests the Government to supply further information on the criminal proceedings concerning the murder or disappearance of the following trade union leaders and trade unionists: Risaralda Vereda Argentina, Jorge Martínez, Francisco Dumar, Heriberto López, Apolinar Fabra, Román Hernández, Fredy Enrique Mejía (murdered); Luis Villadiego, Marlene Medina Gómez, Luis Alberto Builes, Alvaro Usuga, Elvia Marina Díaz, Marcial Alonso González, Cristian Roa, Lucio Serrano Luna and Isidro Caballero Delgado (missing).
   • - The Committee again requests the Government to supply information on developments in the criminal trials against trade union leaders Norberto Serna, Héctor Castro, Henry Hurtado, Jorge Bailón and Toribio Bohórquez indicating the specific charges laid against them. The Committee also requests the Government to reply to the allegations concerning the detention of the trade union leader Francisco Javier Sepúlveda and the search of the former premises of FESTRACOR-CUT and ADEMACOR-CUT.
   • - The Committee asks the Government to send precise information on all of the allegations concerning the trade union situation in the Bank of Caldas and further to clarify the consequences of the several administrative resolutions which it mentions in its reply, regarding the dismissal of several trade union leaders, the alleged wage increases for workers who do not belong to the union or who have left the union, and the anti-union discrimination in the granting of certain benefits contained in the arbitration award.
   • - The Committee again requests the Government to communicate the results of the procedures concerning the dismissals of trade union officials of the National Federation of Coffee Growers.

B. New allegations

1. 236. In a communication of 3 April 1992, the CLAT states that on 24 March, Mr. Emilio Rueda Ortiz, a leader of the Risarald Branch of the Agricultural Federation, was kidnapped and that his body was found the next day on the Yarumal road. The CLAT also states that Messrs. Eliecer Castro Escobar, President of the Agro-industrial Union of Polo Nuevo (Atlantic), and Luis Carrillo Jimenez, President of the League of Workers of Sabana Grande and Executive Member of the Colombian Peasant Action Group, have received death threats.
2. 237. Lastly, the CLAT maintains that the seriousness of the situation, concerning as it does deaths, death threats and repression of trade union leaders, makes it vital for the ILO to send a mission to Colombia urgently.

C. The Government's reply

1. 238. In its communication of 15 February 1992 the Government states, with regard to the pending allegations, that legal proceedings are under way concerning the disappearance of Marlene Medina Gómez and Christian Roa, and that proceedings relating to the disappearance of Isidro Caballero Delgado concluded without being able to establish his whereabouts. The Government adds that a trial is now under way into the murder of Luis Villadiego, whose body has been found.
2. 239. The Government further states that on 15 May 1991 the First Public Order Tribunal acquitted the five trade union leaders whose prosecution had been cited by the complainants (Messrs. Serna, Castro, Hurtado, Bailón and Bohórquez).
3. 240. As regards the allegations of dismissal of trade union leaders of the National Confederation of Coffee Growers, the Government reports that two cases on this matter are currently before Labour Circuit Court No. 12.
4. 241. As regards the allegations concerning the Bank of Caldas, the Government states that two labour administration investigations are currently being carried out based on the SINDECALDAS trade union organisation's denunciations for violations of freedom of association and the right to bargain collectively. As a result of these investigations, the Bank of Caldas has been penalised for violating trade union immunity. These decisions are currently being appealed through administrative channels. The Government states that once the final outcome is known it will be communicated to the Committee.

D. The Committee's conclusions

1. 242. The Committee emphasises the seriousness of the allegations pending concerning the murder and disappearance of trade union leaders and trade unionists and acts of anti-union discrimination. It once again expresses its deep concern, observing that according to the documentation sent by the Government judicial investigations into the murder and disappearance of trade unionists rarely lead to the identification and conviction of the alleged culprits. In the Committee's opinion, this situation means that serious violations of trade union rights may occur in conditions of impunity for the guilty parties, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
2. 243. The Committee takes note of the Government's statement that trade union leaders Norberto Serna, Héctor Castro, Henry Hurtado, Jorge Bailón and Toribio Bohórquez were acquitted of the criminal charges laid against them. Regarding the request for information on the criminal proceedings concerning the murder and disappearance of trade union leaders, the Committee takes note of the Government's statement that investigations into the disappearance of Marlene Medina Gómez, Francisco Dumar and Christian Roa are under way and that the investigation into Isidro Caballero Delgado's disappearance concluded without being able to establish his whereabouts. Likewise, the Committee takes note of the fact that a judicial investigation into the death of Luis Villadiego (whom the complainants believe to be missing) is under way. The Committee wishes to be kept informed of developments in these inquiries. It regrets that the Government in its observations does not present information on the rest of the murdered or missing trade unionists (murdered: Risaralda Vereda Argentina, 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). It once again requests the Government to inform it in detail and as soon as possible as to whether judicial investigations have been initiated with the firm intention of clarifying the facts, judging and penalising 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, to which the Government did not respond.
3. 244. With reference to the alleged acts of anti-union discrimination or violation of the principle of collective bargaining which took place at the Bank of Caldas and in the National Federation of Coffee Growers, the Committee observes that the Government states that appeals concerning these matters are in progress. Considering these circumstances, the Committee requests the Government to keep it informed of the outcome of these appeals.
4. 245. As regards the recent allegations concerning the murder of the trade union leader, Emilio Rueda Ortiz, on 25 March 1992 and the death threats made against trade union leaders Eliecer Castro Escobar and Luis Carrillo Jimenez, the Committee requests the Government to reply thereto as soon as possible given the seriousness of these allegations.

The Committee's recommendations

1. 246. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee emphasises the seriousness of the allegations pending which refer to the murder and disappearance of trade union leaders and members and to acts of anti-union discrimination; it once again expresses its deep concern that, according to the documentation sent by the Government, judicial investigations into the murder and disappearance of trade unionists have not been successful and the Committee considers it indispensable that measures be taken to identify, bring to trial and convict the guilty parties. In the Committee's opinion, this situation means that serious violations of trade union rights may occur in conditions of impunity for the guilty parties, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
   • (b) 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.
   • (c) 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: Risaralda Vereda Argentina, 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 penalising 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.
   • (d) 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 in the National Federation of Coffee Growers.
   • (e) Considering the seriousness of the recent allegations concerning the murder of the trade union leader, Emilio Rueda Ortiz and the death threats made against trade union leaders Eliecer Castro Escobar and Luis Carrillo Jimenez, the Committee urges the Government to send its observations as soon as possible.