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Interim Report - Report No 343, November 2006

Case No 1787 (Colombia) - Complaint date: 28-JUN-94 - Follow-up

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Allegations: Murders, kidnappings, disappearances, bombings, threats, detentions, harassment against trade unionists and trade union leaders and a serious situation of impunity

375. The Committee last examined this case at its meeting in March 2006 [see 340th Report, paras. 458-620]. The Committee recalls that, since 1995, it has examined the present case on its merits on 18 previous occasions [see 297th Report, paras. 465-483; 304th Report, paras. 159-178; 306th Report, paras. 248-294; 309th Report, paras. 69-91; 311th Report, paras. 272-292; 314th Report, paras. 4-41; 319th Report, paras. 5-116; 322nd Report, paras. 5-37; 324th Report, paras. 247-289; 327th Report, paras. 327-344; 328th Report, paras. 84-124; 329th Report, paras. 357-384; 330th Report, paras. 468-506; 331st Report, paras. 212-254; 333rd Report, paras. 388-464; 335th Report, paras. 680-731; 337th Report, paras. 489-551; and 340th Report, paras. 458-620]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 11 April, 15 May and 27 September 2006. The National Union of Public Employees of the National Service for Training (SINDESENA) and the World Federation of Trade Unions (WFTU) sent new allegations in communications dated 9 and 30 June 2006, respectively. The Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS) sent new allegations in a communication dated 13 July 2006. The Petroleum Industry Workers’ Trade Union (USO) sent new allegations in a communication of 21 September 2006.

  1. 376. The Government sent its observations in communications dated 6 February, 20 March, 16 June and 15 July 2006.
  2. 377. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

A. Previous examination of the case
  1. 378. At its meeting in March 2006, the Committee made the following recommendations on the allegations that were still pending, which for the most part related to acts of violence against trade union members [see 340th Report, para. 620]:
  2. (a) The Committee wishes to express its appreciation for the invitation extended to its Chairperson. It notes with interest the report of the high-level tripartite visit and the full cooperation shown by the Government to ensure that the members of the visit had access to the fullest and most candid information on the trade union situation. The Committee acknowledges the efforts made by the Government to improve protection for trade union officials, members and organizations and to move the investigations of the cases forward. The Committee agrees on the importance of tripartite dialogue for ensuring that these efforts continue and supports not only the tripartite visit members’ recommendation to reactivate the Inter-institutional Committee – a process which the Committee asks to be kept informed about – but the reactivation of the Standing Negotiation Committee on Labour and Wage Policies and the Special Committee for the Handling of Conflicts Referred to the ILO. The Committee also urges, as the members of the visit suggest, that consideration be given very seriously to the possibility of setting up an ILO office in Colombia in order to facilitate dialogue between the Government, social partners and the Committee on Freedom of Association on the steps to be taken to continue to combat and ultimately eliminate the existing situation of impunity as well as ensuring more effective implementation of freedom of association, tripartite dialogue and the STCP objectives.
  3. (b) The Committee urges the Government to take all possible measures to put an end to the acts of violence against trade union officials and members and to continue to keep it informed of the protection measures and of the security schemes implemented, as well as those adopted in the future for other trade unions and other departments or regions.
  4. (c) The Committee requests the Government to keep it informed of the progress made by the specialized sub-unit within the National Public Prosecutor’s Office which deals with cases of human rights violations involving trade unionists.
  5. (d) Taking note of the information provided by the Government regarding the judicial procedures and the convictions handed down for crimes committed against trade unionists as well as definitive sentences that have been issued against the perpetrators of such crimes, the Committee once again urges the Government to take the necessary steps to investigate all the new alleged acts of violence and to continue vigorously the investigations that have already begun so as to put an end to the intolerable situation of impunity, punishing effectively all those responsible.
  6. (e) The Committee requests the Government to keep it informed of the entry into force of the Law on Justice and Peace and the manner in which it is applied, the final outcome of the appeals initiated before the Constitutional Court and any impact that this Law might have on the various cases of murder and violence that are pending.
  7. (f) As regards the allegations submitted by the workers’ trade union of the municipal enterprises of Cali (SINTRAEMCALI) relating to the existence of a plan, named “Operation Dragon”, to eliminate several trade union officials, and, observing that the allegations involved are of the utmost gravity and seriously affect the free exercise of both trade union rights and fundamental human rights, the Committee requests the Government to provide the Procurator-General’s Office with all the necessary means to carry out an independent and exhaustive investigation, to report on the results of that investigation and to ensure fully the safety and physical integrity of all the people threatened, guaranteeing them protection that they can rely on.
  8. B. New allegations
  9. 379. In its communications dated 11 April, 15 May, 9 and 30 June, 13 July and 27 September 2006, the ICFTU, the SINDESENA, the WFTU, the SINTRATELEFONOS and the USO reported the following acts of violence committed against officials and members of different trade union organizations.
  10. Murders
  11. 1. Orlando Ariza, a member of the Meta Independent Agricultural Workers’ Union (SINTRAGRIM), on 26 February 2005, in Meta.
  12. 2. Efrén Ramírez, member of the Meta Independent Agricultural Workers’ Union (SINTRAGRIM), on 26 February 2005, in Meta.
  13. 3. Mauricio Burbano, member of the Electricity Workers’ Union of Colombia (SINTRAELECOL), on 3 March 2005, in the Department of Huila.
  14. 4. Alonso José Diomédez Subiera, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), on 25 March 2005, in Arauca.
  15. 5. Susana Nazareth, member of the National Association of Civil Servants and Employees in the Judicial Branch (ASONAL JUDICIAL), on 1 April 2005, in Putumayo.
  16. 6. Maicol Steven Alberico, member of the El Valle Single Education Worker’s Trade Union (SUTEV), on 16 April 2005, in Valle del Cauca.
  17. 7. Claudia Bedoya, member of the National Association of Civil Servants and Employees in the Judicial Branch (ASONAL JUDICIAL), on 6 April 2005, in the Department of Antioquia.
  18. 8. Iris del Carmen Benítez, member of the Córdoba Teachers’ Association (ADEMACOR), on 10 April 2005, in Montería, Córdoba.
  19. 9. Fanny Robles, member of the National Food Workers’ Union (SINTRAINAL), on 20 April 2005, in Bucaramanga, Department of Santander.
  20. 10. Robinsón Robles, member of the National Food Workers’ Union (SINTRAINAL), on 20 April 2005, in Bucaramanga, Department of Santander.
  21. 11. Benjamín Arrigui Díaz, member of the Caquetá Teachers’ Association (AICA), on 22 April 2005, in the Department of Caquetá.
  22. 12. Héctor Verbel Paternita, member of the Caja Agraria Trade Union, on 2 May 2005, in Barranquilla, Department of Atlántico.
  23. 13. Wilfredo Sánchez García, member of the Employees’ Association of the National Penitentiary and Prison Institute (ASEINPEC).
  24. 14. José Adán Cárdenas Pallares, member of the North Santander Teachers’ Association (ASINORT), on 16 May 2005, in North Santander.
  25. 15. Jaime Moreno Chiquita, member of the Meta Independent Agricultural Workers’ Union (SINTRAGRIM), on 30 May 2005, in the Department of Meta.
  26. 16. Gilberto Agudelo, president of SINTRAUNICOL, whose remains where identified on 2 June 2005, in the Department of Santander.
  27. 17. Alberto Tapias García, member of the Meta Independent Agricultural Workers’ Union (SINTRAGRIM), on 5 June 2005, in the Department of Meta.
  28. 18. Beatriz Morena Rocha, member of the Casanay Teachers’ Union (SIMAC), on 6 June 2005, in Casanare.
  29. 19. Dorance de Jesús, Parra Vélez, member of the Caquetá Teachers’ Association, on 23 June 2005, in the Department of Caquetá.
  30. 20. Julio César Toro Gómez, member of the Antioquia Teachers’ Associacion (ADIDA), on 23 June 2005, in Medellín, Department of Antioquia.
  31. 21. William Edison Medina, member of the Nariño Teachers’ Union (SIMANA), on 28 June 2005, in Nariño.
  32. 22. Júlio César Pasto Larrañaga, member of the Nariño Teachers’ Union (SIMANA), on 8 July 2005, in Nariño.
  33. 23. Rosabeth López Amezquita, member of the Caquetá Teachers’ Asoociation (AICA), on 11 July 2005, in San Vicente del Caguán, Caquetá.
  34. 24. Germán Gómez Gómez, member of the Antioquia Teachers’ Association (ADIDA), on 24 July 2005, in Carmen del Viboral, Antioquia.
  35. 25. Juan Guillermo Ríos, member of the Trade Union of the Sugar Cane Industry (SINTRACAÑAZUCOL), on 28 July 2005, in Valle del Cauca.
  36. 26. Jairo González, member of the Union of Small Farmers of Bolívar (SINPABOL), on 29 July 2005, in Bolívar.
  37. 27. Tomás Rubén Serge, member of the Association of Workers of the Office of the Controller-General (ASOCONTROL), on 3 August 2005, in Barranquilla, Department of Atlántico.
  38. 28. Belén Hincapié Patiño, member of the Antioquia Teachers’ Association (ADIDA), on 9 August 2005, in Antioquia.
  39. 29. Omar Dorado Renteria, member of the Caquetá Teachers’ Association.
  40. 30. Jesús Adrián Sánchez Bedoya, member of the Trade Union of Teachers of Tolima (SIMATOLI), on 18 August 2005, in the Department of Tolima.
  41. 31. Robin Rodrigo Díaz Acosta, member of the Córdoba Teachers’ Association (ADEMACOR), on 19 August 2005, in Puerto Libertador, Department of Córdoba.
  42. 32. Domingo Orlando Cortes Quiñonés, member of the Nariño Teachers’ Union (SIMANA), on 20 August 2005, in the Department of Nariño.
  43. 33. Luis Alfredo Corzo Sarmiento, member of the César Teachers’ Association (ADUCESAR), on 16 September 2005.
  44. 34. Jesús Olmedo Arango Ocampo, member of the El Valle Single Education Worker’s Trade Union (SUTEV), on 21 September 2005, in Cali, Valle del Cauca.
  45. 35. Napoleón Galván Cheveriche, member of the Santander Teachers’ Union (SES), on 22 September 2005, in San Onofre, Santander.
  46. 36. Alejandro López Garcés, member of the Antioquia Teachers’ Association (ADIDA), on 1 October 2005, in Yarumal, Antioquia.
  47. 37. Pedro Pérez Orozco, member of the Single Confederation of Workers of Colombia (CUT), on 3 October 2005, in Barranquilla, Atlántico.
  48. 38. Luis Ignacio Aristizábal Botero, member of ASONAL JUDICAL, on 21 October 2005, in Medellín.
  49. 39. Martha Cecilia Gasco Claros, member of the Caquetá Teachers’ Association (AICA), on 22 October 2005, in Cartagena del Chairá, Caquetá.
  50. 40. Adriana Francisca Padilla Echeverría, member of the Magdalena Teachers’ Union (EDUMAG), on 30 October 2005, in Santa Marta, Magdalena.
  51. 41. Erial Ferro, member of the El Valle Single Education Workers’ Trade Union (SUTEV), on 25 November 2005, in Cali, Valle del Cauca.
  52. 42. Benjamín Araujo Montero, member of the Guajira Teachers’ Association (ASODEGUA), on 12 December 2005, in Riohacha, Guajira.
  53. 43. Arturo Díaz García, member of the Tolima Farm Workers’ Union (SINTRAGRITOL), on 21 December 2005, in Ibagué, Tolima.
  54. 44. Nabonazar Antonia Ojeda Almanza, member of the Córdoba Teachers’ Association (ADEMACOR), on 27 December 2005, in Montería, Córdoba.
  55. 45. Guillermo Zemante Bermeo, member of the Cauca Teachers’ Association (ASOINCA), on 23 February 2006, in Popayán.
  56. 46. Héctor Díaz Serrano, member of the Workers’ Trade Union (USO), on 2 March 2006, in Campo Casabe.
  57. 47. Daniel Cortez Cortez, member of the Electricity Workers’ Union of Colombia (SINTRAELECOL), on 2 March 2006, in Santander.
  58. 48. Jaime Enrique Gómez Velásquez, former president of the Trade Union of Workers of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS), who disappeared on 21 March 2006 and was found dead a few days later.
  59. 49. Nelson Martínez, member of the National Union of Workers in the Construction Industry (SINDICONS), on 29 April 2006, in Las Palmeras.
  60. 50. Luis Antonio Arismendi, president of the Manuela Beltran Union of Food and Beverage Workers of the marketplace of the San Francisco quarter of the city of Bolivar (SINDIMANUELA), missing as of May 2006 and found dead on 6 June 2006 in the municipality of Zipacon.
  61. 51. Jorge Guillen Leal, affiliated with SINTRAINQUIGAS, on 23 July 2006, in Cobiva.
  62. 52. Jaime Garcia, affiliated with the Municipal Association of Peasant Usufructuaries of Tame, on 9 August 2006.
  63. 53. Carlos Arturo Bonilla, secretary-general of the National Union of Workers in the Gastronomy, Hotel and Other Industries (HOCAR), in Barrancabermeja on 17 August 2006.
  64. 54. German Eduardo Solando Andrade, affiliated with ASEDAR, on 6 September 2006.
  65. 55. Jose Gregorio Izquierdo, president of the Union of Public Enterprise Workers of Arauca (SINTRAEMSERPA), on 13 September 2006.
  66. 56. Alejandro Uribe, director of the Association of Miners of Bolivador, on 19 September 2006, in Bagra.
  67. 57. Jose Ignacio Amaya Ruiz, director of the Colombian Association of Bank Employees (ACEB), on 12 September 2006.
  68. Threats
  69. 1. Plutarco Vargas Roldán, an official of the National Food Workers’ Union (SINTRAINAL) was threatened on 4 February 2006.
  70. 2. The Single Confederation of Workers of Colombia (CUT) received a threatening letter on 8 March 2006.
  71. 3. Porfirio Rivas Moreno and Eder Montes Alvarez, president and press secretary of the Postal Workers’ Union (STPC) have requested state protection but have not yet received it.
  72. 4. Rodolfo Vecino Acevedo, human rights secretary of the USO, has been the subject of threats since 6 May 2006.
  73. 5. Rodrigo Hernán Acosta Barrios, treasurer of the Bogotá Telecommunications Enterprise (SINTRATELEFONOS).
  74. 6. Threats against Fernando Ramírez, president of the trade union of SUMAPAX farm workes, Heber Ballesteros, vice-president of the Federation and Eberto Díaz Montes.
  75. 7. Persecution and threats against Juan Efraín Mendoza Gamba, general secretary of FENSUAGRO, who was detained in 2003 and 2005.
  76. Detentions
  77. 1. Rolando Contreras García, Edgar Botero Cardenas and Javier Ricardo Guedez, officials of the Electricity Workers’ Union of Colombia (SINTRAELECOL), were detained on 3 May 2006;
  78. 2. Miguel Angel Bobadilla, a member of FENSUAGRO, and Nieves Mayusa, his partner, were detained on 11 May 2006 by prosecutor’s office No. 6 of the National Kidnapping, Terrorism and Extortion Prevention Unit.
  79. 3. Victor Oime, member of the Peasants’ Association of Coqueto (ASOAGRICAO), on 6 August 2006.
  80. 380. The ICFTU also refers to complaints lodged by a former IT director at the Administrative Department for Security, who reported that a plan was being formulated by the Department with a view to eliminating trade union members. Among the trade union members who have already fallen victim to this plan are Mr. César Augusto, Mr. Rafael Fonseca and Mr. Ramón Fonseca who are included in the present case [see 333rd Report, para. 392].
  81. Unauthorized searches
  82. 1. Of the premises of the organization SINTRAINAL in Bogota, on 3 August 2006, by the police authorities without a judicial warrant.
  83. Assaults on persons and personal dignity
  84. 1. Threats of death, violence and ill-treatment by the negotiators of the list of claims against the Drummond enterprise.
  85. 2. The attempted assassination of Mr. Alvaro Mercado, director of the National Union of Workers in Mining Enterprises and the Energy Sector (SINTRAMINERGETICA), on 13 June 2006, in the department of César.
  86. 3. Estivenson Avila, member of SINTRAMINERGETICA, on 13 June 2006.
  87. Harassment
  88. 1. Against Mr. Adalberto Carvajal Saludo, legal counsel to the USO.
  89. C. The Government’s reply
  90. 381. In its communications dated 6 February, 20 March, 16 June and 15 July 2006, the Government states that, with regard to progress with and examination of the cases of violation of the human rights of trade union members on the part of the Public Prosecutor’s Office, the Government of Colombia and the Public Prosecutor’s Office, in order to honour the commitment to the International Labour Organization and the trade unions, are promoting a project to streamline and improve the effectiveness of investigations concerning threats to the rights of trade union members, through timely and definitive rulings. The national Government has earmarked 4,000 million pesos (US$1,737,135) for this purpose.
  91. 382. The aim of the project is to implement systems to promote and follow up ILO cases through: (i) an optimized investigative process; (ii) clearing of the backlog of cases and a reduction in office bureaucracy; and (iii) qualitative analysis of information and classification of offences, with enhanced national human rights and terrorism units and strengthening of the sectional directorates for each of these units.
  92. 383. The Human Rights Unit of the Office of the Attorney-General set up a special investigation group, with five specially trained officers, supported by the Human Rights Investigation Group, who will be responsible for investigations into 102 cases pertaining exclusively to trade union members. Furthermore, pursuant to the agreement concluded with the trade union federations at the International Labour Conference, approximately 100 cases will be selected for particular attention, on the basis of the following guidelines laid down by the trade unions themselves:
  93. – The 100 cases selected must reflect the overall situation of anti-union violence. Furthermore, where a situation of impunity is overcome in one particular case, this should serve as a source of outcomes and recommendations on methods for achieving justice in all cases of anti-union violence.
  94. – Bearing the above in mind, the selected cases must be clear-cut, i.e. there should be no doubt as to the victim’s status as a trade union member. The relationship between the crime and the victim’s trade union status should be as clear as possible. For example, it should be established whether the act was committed in the course of bargaining over labour rights.
  95. – There should be abundant information on the selected cases, including information available to the public, and this should be reliable and verifiable. It is desirable for cases to be brought by trade union members, the families of the victims or the victims themselves.
  96. – Together, the selected cases must provide a demonstration of the systematic and widespread perpetration of rights violations. In other words, they should show that such violations have occurred over a long period (there should be cases spanning the entire period covered by Case No. 1787) and throughout national territory (there should be cases from all or most regions of the country). Patterns of similarities across attacks could also be studied.
  97. – Cases should be selected to reflect the current human rights situation of trade unionists and the impact on them of the application of the democratic security policy, including an increase in rights violations directly attributable to the police (cases such as Arauco, or cases of arbitrary detention and subsequent murder).
  98. – By the same token, cases of acts committed by paramilitary groups following the declaration of the cessation of hostilities (i.e. after December 2002) should be included.
  99. – Crimes committed by guerrilla and paramilitary groups and state agents should be included.
  100. – Cases in which the victims are women, even where they are the indirect victims of violence (daughters, wives, family members), should be included.
  101. – The majority of cases should relate to violations of the right to life, although certain instances of threats to freedom and personal integrity should also be examined. Cases of threats in which the application of justice could immediately result in protection might also be borne in mind.
  102. 384. The Ministry of Social Protection’s Human Rights Group is also working jointly with trade unions to verify the status of victims in cases reported to the International Labour Organization within the context of Case No. 1787, since it has been revealed, in the light of a series of meetings, that a large number of persons have been reported as being trade union members when this was not the case. This work is intended to provide the Public Prosecutor’s Office with the tools needed to pursue investigations effectively and obtain a unified database of information on acts of violence perpetrated against trade union members.
  103. 385. It is hoped that the project will enable inroads into the investigations to be moved forward, thereby enabling the perpetrators to be punished. Moreover, the Government reiterates that any act of violence committed against any citizen, whether or not that person is a trade union official or member, is officially investigated by the Public Prosecutor’s Office. Thus, once an act of violence against a member of a trade union has come to light, the Ministry transfers the case to the Public Prosecutor’s Office so that it can initiate the appropriate investigation, in accordance with its mandate.
  104. 386. In addition, it was decided to pursue legal actions in connection with threats made against the following individual:
  105. 1. Juan Carlos Galvis; file No. 182415; investigating authority: Barrabanca No. 9; offence: threats; committed on: 27 May 2003; stage of proceedings: preliminary – evidence.
  106. 2. Yolanda Becerra; file No. 210409; prosecutor’s office: Barrancabermeja No. 3; stage of proceedings: suspended.
  107. 3. Yolanda Beccerra; file No. 255820; prosecutor’s office: No. 6, Barrancabermeja branch; offence: threats: committed on: 24 December 2004; most recent action: suspension.
  108. 4. Pablo Javier Arenales; file No. 18627; offence: threats; prosecutor’s office: No. 5, Barrancabermeja branch; most recent action: combined with file No. 27462.
  109. 5. David Ravelo; file No. 262194; offence: threats; committed on: 31 May 2005; stage of proceedings: preliminary.
  110. 6. Regulo Madero; file No. 191196; prosecutor’s office: No. 6, Barrancabermeja branch; offence: threats; most recent action: refusal order.
  111. 7. Duban Antonio Vélez; file No. 977082; prosecutor’s office: No. 63, Medellín branch; offence: threats; stage of proceedings: preliminary.
  112. 8. Rafael Cabarcas Cabarcas; file No. 168941; prosecutor’s office: No. 4, Cartagena branch; offence: terrorism; committed on: 3 February 2005; stage of proceedings: preliminary.
  113. 9. Duban Vélez; file No. 211679; prosecutor’s office: No. 16, Medellín; offence: threats; stage of proceedings: preliminary
  114. 10. Jesús Tovar and Evelio Mancera; file No. 211679; prosecutor’s office: No. 16, Barranquilla; offence: threats; committed on: 28 March 2005; stage of proceedings: preliminary.
  115. 11. Domingo Tovar Arrieta; file No. 54125; prosecutor’s office: No. 240, Bogotá branch; offence: threats; stage of proceedings: preliminary.
  116. 12. Ariel Díaz; file No. 796189; prosecutor’s office: No. 240, Bogotá branch; offence: threats; stage of proceedings: preliminary.
  117. 13. Domingo Tovar Arrieta; file No. 54262; offence: threats; stage of proceedings: preliminary.
  118. 387. At the same time, the protection programme has granted the following measures to the trade union members below:
  119. 1. Domingo Tovar: high-level protection scheme in place.
  120. 2. Evelio Mancera: collective protection scheme.
  121. 3. Pedro Barón: collective protection scheme.
  122. 4. Carlos Ariel: high-level personal protection scheme.
  123. 5. Juan Carlos Galvis: high-level protection scheme.
  124. 6. Yolanda Becerra (not a trade union member but a member of an NGO): high-level protection scheme.
  125. 7. Regulo Madera (not a trade union member but a member of an NGO): communication device, collective transport support.
  126. 8. Duban Antonio Vélez: high-level protection scheme.
  127. 388. With regard to the death threats against members of the national executive board of the Trade Union of Workers, the Government reports that the protection programme has granted the following measures to the officials of that organization:
  128. – security perimeters around the headquarters of the organization in Barrancabermeja, Arauca, Cantagallo, Casabe, Bucaramanga, Neiva, Cartagena and Apiay;
  129. – communications network comprising 256 devices: 63 mobile telephones and 193 Avantel radios for USO officials.
  130. 1. Personal measures
  131. Personal protection schemes comprising two bodyguards, one vehicle, Avantel radios, arms and bullet-proof jackets, for:
  132. 1. Gabriel Alvis Ulloque – armoured vehicle.
  133. 2. Hernando Hernández Pardo – armoured vehicle.
  134. 3. Julio Carrascal.
  135. 4. Hernando Meneses.
  136. 5. Daniel Rico.
  137. 6. Juan Ramón Ríos Monsalve.
  138. 7. Edgar Mojica Vanegas.
  139. 8. Oscar García Granados – armoured vehicle.
  140. 9. German Alfredo Osman Mantilla.
  141. 10. José Cristo Sanchez.
  142. 11. Fredys de Jesús Rueda.
  143. 12. Alirio Rueda Gómez – armoured vehicle.
  144. 13. Jorge Gamboa Caballero – armoured vehicle.
  145. 14. Nelson Diaz – armoured vehicle.
  146. 15. Rafael Cabarcas Cabarcas – armoured vehicle.
  147. Collective protection schemes comprising four bodyguards, a normal vehicle, Avantel radios, arms and bullet-proof jackets, for:
  148. 1. Refinery executive board – Barrancabermeja.
  149. 2. El Centro executive board.
  150. 3. Casabe executive board.
  151. 4. Cartagena executive board.
  152. 5. Suo executive board – Puerto Salgar.
  153. 6. Orito executive board.
  154. 7. Apiay executive board.
  155. 8. National executive board.
  156. 9. Human Rights Commission.
  157. 10. Bogotá executive board – reinforced, with two additional bodyguards.
  158. Three-month temporary relocation support, equivalent per month to three times the current minimum legal wage, for Mr. Oscar Ovidio Martínez Morales, social security secretary of the Orito executive board, Putumayo, in November 2004.
  159. Mobile telephones: in March 2005, mobile telephones were given to the following members of the Orito executive board: Mr. José Alcides Pepinosa, Mr. Orlando Cubillos, Mr. Raúl Tamayo and Mr.Trinidad Royero.
  160. 389. The Government reiterates what it has stated on a number of occasions concerning the need to implement measures to enhance the protection programme for trade union officials. The Government refers in detail to the complete range of protection measures granted, as well as the budget earmarked for these measures and the persons covered.
  161. Additional budget (in thousands of Colombian pesos)
  162. Period / National budget / USAID International cooperation* / Total
  163. ____________________________________________________________________
  164. 1999 / 4 520 000 / - / 4 520 000
  165. 2000 / 3 605 015 / - / 3 605 015
  166. 2001 / 17 828 455 / 2 103 312 / 19 931 767
  167. 2002 / 26 064 000 / 5 811 597 / 31 875 597
  168. 2003 / 29 000 000 / 4 955 910 / 33 955 910
  169. 2004 / 30 740 000 / 3 329 362 / 34 069 362
  170. 2005 / 48 223 300 / 6 059 270 / 54 282 570
  171. 2006 / 50 393 400 / - / 50 393 400
  172. Total / 210 374 170 / 22 259 451 / 232 633 621
  173. *Source: USAID – MSD – Final Consolidated Report, 31 Dec. 2005.
  174. ********************************************************
  175. Target population
  176. Target group / Number
  177. ...................../ 1999/ 2000 / 2001 / 2002 / 2003 / 2004 / 2005 / 2006
  178. ________________________________________________________________
  179. Trade unions / 84 / 375 / 1 043 / 1 566 / 1 424 / 1 615 / 1 493 / 1 226
  180. Town councillors / 0 / 0 / 0 / 404 / 1 120 / 832 / 1 195 / 1 437
  181. NGOs / 50 / 224 / 537 / 1 007 / 1 215 / 733 / 554 / 411
  182. UP-PCC / 0 / 77 / 378 / 775 / 423 / 1 158 / 1 402 / 435
  183. Leaders / 43 / 190 / 327 / 699 / 456 / 545 / 611 / 453
  184. Mayors / 0 / 0 / 0 / 212 / 344 / 214 / 87 / 112
  185. Journalists / 0 / 14 / 69 / 168 / 71 / 125 / 46 / 69
  186. Representatives / 0 / 0 / 0 / 26 / 125 / 65 / 45 / 66
  187. Members of Parliament / 0 / 0 / 0 / 0 / 43 / 45 / 33 / 42
  188. Former mayors / 0 / 0 / 0 / 0 / 0 / 114 / 41/ 1
  189. Total / 177 / 880 / 2 354 / 4 857 / 5 221 / 5 446 / 5 507 / 4 252
  190. ***************************************************
  191. Protection programme for trade union members (period of implementation: January-30 June 2006)
  192. Protection measure / Number / Cost (Colombian pesos)
  193. __________________________________________________________________
  194. Mobile protection schemes – operation / 220 / 9 723 300 005
  195. Avantel radios – operation / 614 / 275 924 232
  196. Transport support / 41 / 184 420 000
  197. Mobile telephones – operation / 682 / 166 851 300
  198. Domestic air tickets / 104 / 41 230 854
  199. Temporary relocation support / 25 / 28 072 000
  200. International air tickets / 4 / 5 231 681
  201. Bullet-proof jackets / 3 / 2 111 100
  202. Total / - / 10 427 141 172
  203. **********************************************************
  204. Mobile protection schemes
  205. Target group / Schemes involving a vehicle
  206. ......................../ 2000 / 2001 / 2002 / 2003 / 2004 / 2005 / 2006 / Total
  207. ____________________________________________________________
  208. Trade unions / 31 / 60 / 70 / 40 / 13 / 6 / - / 220
  209. Other groups / 20 / 11 / 22 / 24 / 46 / 26 / 24 / 173
  210. Total / 51 / 71 / 92 / 64 / 59 / 32 / 24 / 393
  211. **************************************************
  212. Installation of security perimeters
  213. Target group / 2000 / 2001 / 2002 / 2003 / 2004 / 2005 / 2006 / Total
  214. ____________________________________________________________
  215. Trade unions / 40 / 1 / 27 / 30 / 25 / 19 / - / 142
  216. Other groups / 51 / 9 / 14 / 22 / 7 / 3 / 3 / 109
  217. Total / 91 / 10 / 41 / 52 / 32 / 22 / 3 / 251
  218. *****************************************
  219. Operational communications devices
  220. Target group / Avantel / Mobile telephone / Via satellite / Total
  221. ____________________________________________________________
  222. Trade unions / 604 / 698 / - / 1 302
  223. Other groups / 816 / 2 109 / 23 / 2 948
  224. Total / 1 420 / 2 807 / 23 / 4 250
  225. 390. In addition to the measures already in place, the Government is seeking to reduce the risk faced by trade union members and officials by means of the following projects:
  226. – Training in preventative safety: Recipients of protection are to be taught self-defence strategies to complement the measures put in place as part of the protection programme and, to date, approximately 1,077 individuals have received training in the Departments of Atlántico, Arauca, Valle, Santander, Cauca, Nariño, Huila, Caquetá, Cundinamarca, Tolima and Bogotá (in this last case, training was imparted to leaders of the displaced population).
  227. – Enhanced public protection policy and human rights guarantees: The aim is to strengthen public protection policy and safeguard the right to life, integrity, freedom and personal safety, in accordance with international human rights law and with UNHCHR recommendations. With this in mind, a book entitled The right to life, personal integrity, freedom and personal safety: Scope, content and obligations on the part of the State has been published.
  228. – Communications strategy for the protection of defenders of human rights: This strategy seeks to legitimize the work of defenders of human rights on a large scale and raise awareness of the importance of reporting threats and violence against them. To this end, the following campaigns have been conducted:
  229. (1) three television commercials (one exclusively for trade union members);
  230. (2) three different advertising posters;
  231. (3) twenty-five radio programmes.
  232. 391. As regards the holding of three members of the SINTRAELECOL, Mr. Henry Moreno, Mr. Pablo E. Peña and Mr. Teódulo Muñoz by the FARC, the Government reports that a decision was taken not to proceed with the inquiry due to lack of evidence on 27 October 2005.
  233. 392. Regarding the threats against Mr. Miguel Alberto Fernández Orozco, the Government reports that, in November 2005, Mr. Miguel Alberto Fernández Orozco, president of the CUT in Cauca, was arrested on charges of fraud, making a false complaint and making aggravated threats. The legal proceedings have currently reached the stage of appeals against the remand ruling.
  234. 393. The Government also reports that, with regard to the 42 cases afforded priority treatment during 2005, 11 are being pursued in the National Human Rights and International Humanitarian Law Unit of the Office of the Attorney-General and 31 are being dealt with by different prosecutors’ offices around the country. The Government sends a detailed report on each of the cases currently being processed.
  235. 394. As regards the allegations relating to threats against Mr. Porfirio Rivas, the Government states that the Ministry of Social Protection has established a protection programme in coordination with the Ministry of the Interior and Justice.
  236. 395. The Government also encloses the following information concerning the alleged murders of:
  237. 1. Guillermo Zemante Bermeo – the investigation pursued by Popayán prosecutor’s office No. 3, under file No. 135618, resulted in a decision not to proceed with inquiries, since the post-mortem revealed this to be a case of suicide.
  238. 2. Héctor Díaz Serrano – investigating authority: prosecutor’s office No. 8, Barrancabermeja branch; file No. 680816000135200600199; stage of proceedings: preliminary inquiry.
  239. 3. Daniel Cortés Cortés – investigating authority: prosecutor’s office No. 2, Barrancabermeja branch; file No. 380016000135200600327; stage of proceedings: preliminary.
  240. 396. As regards the disappearance and subsequent murder of Mr. Jaime Enrique Gómez Velásquez, the Government reports on all measures taken, initially to secure his release, and later to investigate his murder.
  241. 397. The National Human Rights Department is pursuing an investigation into the death of Mr. Jaime Enrique Gómez Velásquez and this is currently at the preliminary stage. The Government makes clear that Mr. Jaime Enrique Gómez Velásquez had not been involved in trade union activities for 17 years and, for that reason, the motive for his death has not yet been established.
  242. 398. The Government also states that periodic meetings of the National Commission on Wages and Labour Policy have taken place within the framework of the tripartite agreement between the Government, employers and workers on the right to organize and the right to democracy, and also with a view to establishing an enhanced forum for dialogue.
  243. 399. According to the Government, the main objective of these meetings is to provide opportunities for social dialogue and détente between stakeholders from the world of work in those regions experiencing the most acute social conflict, thereby contributing to a fall in the number of violations of the human rights of trade union members and leaders and encouraging a reduction in labour and social disputes.
  244. 400. Following a short awareness-raising and participation exercise involving the national, local and regional authorities, employers and trade union federations, and offering an introduction to methodologies, the trade unions which participated in the discussion sessions mentioned above supplied reports and analysis and put forward their concerns and recommendations in relation to problems specific to their region, the result of which has been the development of mechanisms that have helped solve the problems brought to light (copies of the minutes of these discussions are enclosed).
  245. 401. At the same time, with a view to continuing efforts to create enhanced forums for dialogue and engaging in joint actions with trade unions on human rights issues, the first National HIV/AIDS Seminar was held in Bogotá on 27 April, with participation by the International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), the Ministry of Social Protection and UNAIDS.
  246. 402. The Government encloses detailed information on the outcome of the actions initiated against Act No. 975 of 2005.
  247. 403. As regards the allegations submitted by the SINTRAEMCALI relating to the existence of a plan named “Operation Dragon”, the Government reports that the Ministry of Social Protection, via a communication dated 31 March 2006 sent to the Procurator General, put at the disposal of the Procurator General’s Office any resources that might be required in order for it to carry out this investigation. Both the Procurator General’s Office and the Public Prosecutor’s Office are conducting investigations into the allegations made by the SINTRAEMCALI.
  248. 404. The Procurator General’s Office is tasked with ensuring the proper functioning of the civil service, in order to safeguard the rights and interests of citizens, guarantee protection of human rights and intervene on behalf of the population to defend public resources. By virtue of the above, the Procurator General’s Office, through the office of the National Special Investigations Director, ordered the opening of a preliminary inquiry to identify the responsible parties on 26 October 2004. Once this had come to an end, Decision No. 1392 of 11 August 2005 was issued, ordering the opening of a disciplinary investigation of civil servants connected with official bodies such as the municipal enterprises of Cali (EMCALI EICE ESP) of the administrator for the contract concluded between the aforementioned enterprise and the Energy Financing Agency (FEN), the manager of FEN, a retired army official, directors of Regional Military Intelligence Headquarters No. 3, and civil servants within the Valle de Cauca branch of the Department of Security (DAS), who apparently committed disciplinary offences, in some cases by giving out confidential information and in others by committing acts of omission in the course of their duties.
  249. 405. In the course of verification of the evidence, other civil servants were linked to the events under investigation through their actions or omissions, with the result that a decision was issued on 3 February 2006, ordering the opening of an additional disciplinary investigation in connection with civil servants at the Superintendency for Domestic Public Services, who administered the signing of an irreversible trust management agreement between ESP, EMCALI EICE ESP and the National Financing Agency, to which the Consultoría Integral Latinoamericana Limitada also became a party.
  250. 406. The proceedings are currently at the evaluation stage, the purpose of which is to establish whether to press charges or shelve the case, pursuant to the provisions of article 161 of Act No. 734 of 2002.
  251. 407. The Public Prosecutor’s Office is responsible for investigating offences, assessing the proceedings and bringing charges before the competent judges and courts against persons alleged to have broken criminal law, either on its own initiative or following complaints. An investigation is currently under way based on a complaint lodged by a member of Congress with prosecutor’s office No. 287, CTI national directorate, on 25 August 2005. The complainant refers to an alleged plan to assassinate him, along with other members of Congress whose names he did not reveal, and Ms. Berenice Celeyta Alayon, a human rights campaigner and member of NOMADESC (a human rights organization), members of the CUT in Valle del Cauca and EMCALI trade union officials, including Mr. Luis Hernández. According to the complainant, his informant indicated that these facts were confidential and were being compiled at two apartments, one in the City of Cali and the other in Medellín, and that the person overseeing this work in Cali was a retired army lieutenant colonel, whilst in Medellín, a lawyer, who also works for the Vivan los Niños Foundation, which rescues and protects street children, was responsible.
  252. 408. On receiving the complaint, branch No. 287 of the prosecutor’s office, attached to the CTI national directorate, ordered a preliminary investigation and raids on the buildings in Cali and Medellín mentioned by the complainant.
  253. 409. In the course of the raids, various documents of importance to the investigation were uncovered, including some which provide anonymous evidence for the existence of multiple irregularities within the SINTRAEMCALI. Some of its members appear to be connected with acts of vandalism suffered by the EMCALI (municipal enterprises of Cali), amongst others. During the raids, Lt. Col. Julián Villate Leal (employed by the SERASYS enterprise) stated that the collection of the information and documents in question fell within the mandate set out in the consultancy contract concluded between the enterprise Consultoría Integral Latinoamericana (CIL), together with SERASYS, its associate enterprise, and EMCALI, and that these activities had been endorsed by the management of EMCALI, the Superintendency for Domestic Public Services and the FEN and were known to the Bogotá office of the DAS.
  254. 410. The investigating authority (prosecutor’s office No. 287, attached to the CTI national directorate) subsequently ordered the case to be transferred to the National Unit for Human Rights and International Humanitarian Rights, arguing that office No. 8 was pursuing a preliminary investigation into the same allegations. However, it was stipulated that the first investigation should not be appended to the second preliminary one, since the allegations to which the former refers are different from those made by the Honourable Member of Congress, and that it should therefore be reclassified.
  255. 411. The investigation was thus assigned to office No. 8 of the National Unit for Human Rights and International Humanitarian Rights and Judicial Inspections, statements and other forms of evidence were called for. Various reports collected by the CTI computer-related crime group have contributed to the investigation, with information extracted from computers seized during the raids in Cali and Medellín, in addition to statements from members of the FEN, the enterprise CIL Ltd., SERASYS Ltd., the Superintendent for Domestic Public Services, the administrator in the liquidation of the EMCALI enterprise, workers at EMCALI, Ms. Berenice Celeyta Alayon and member of Congress, Mr. Alexander López Maya. A statement was also taken from Lt. Col. Julián Villate Leal.
  256. 412. As regards the current status of the investigation, it is still at the preliminary stage. It was assigned to office No. 22, attached to the National Unit for Human Rights and International Humanitarian Rights, pursuant to resolution No. 000293 of 28 October 2005, which ordered the examination of the case and the gathering of evidence, including additional statements from Ms. Berenice Celeyta Alayon (to date, she has not appeared to give evidence). The above notwithstanding, a range of evidence is still being sought.
  257. 413. As regards “Operation Dragon”, investigations have also been conducted into its existence and, throughout the inquiry, efforts have been focused on uncovering any previous records of “Operation Dragon”.
  258. 414. At the same time, with a view to protecting persons under threat, currently Berenice Celeyta Alayon, Luis Hernández, Domingo Angulo, Harold Viafara, Luis Enrique Imbachi, Oscar Figueroa, Robinson Emilio Masso, Alexander López Maya, Luis Hernández Monrroy, César Martínez, Milena Olave Hurtado, Ricardo Herrera and Alexander Barrios, the Ministry of the Interior and Justice is applying protection measures through the protection programme (Avantel radio).

D. The Committee’s conclusions

D. The Committee’s conclusions
  1. 415. The Committee notes the new allegations and the Government’s observations, which comprise information on acts of violence committed against trade union members and officials and on security measures adopted to protect members of certain trade unions. The Committee also notes the tripartite agreement on the right to organize and the right to democracy, concluded during the International Labour Conference between representatives of the CUT, the CGT, representatives of the National Association of Industrialists (ANDI) and the Government, whereby the parties agreed, among other matters, to enhance the ILO’s visibility by giving it a permanent presence, as well as agreeing to ensure careful follow-up of the findings of the Office of Public Prosecutor’s special investigation group to combat impunity, and to promote and give effect to principles expressed by the ILO concerning fundamental rights at work. With regard to this last question, the parties commit to calling a meeting of the Consultation Committee on Labour and Wage Policies, with a permanent agenda. The Committee notes the Government’s information stating that several meetings of the National Consultation Committee have been held.
  2. 416. As regards the acts of violence in particular, the Committee notes that the trade unions report 49 murders, 44 of which occurred in 2005 and the rest in 2006. They also mention one disappearance, seven cases of threats and the detention of trade union members. The ICFTU also refers to statements by a former civil servant at the Administrative Department for Security, concerning the existence of a plan formulated by the Department to eliminate trade union officials.
  3. 417. The Committee also notes that the Government, for its part, refers to the security measures adopted with a view to protecting certain threatened trade union members, and to the status of the investigations instituted in relation to these threats and to other acts of violence. In particular, the Committee notes the detailed information supplied by the Government concerning the 42 investigations into alleged acts of violence covered by the present case, which it has accorded special priority. Of these investigations, 11 are being pursued in the National Unit for Human Rights and International Humanitarian Rights and 31 within different branches of the Public Prosecutor’s Office. The Committee notes that 100 additional cases have been earmarked for priority treatment within the framework of the tripartite agreement mentioned above.
  4. 418. In general, the Committee observes that, despite the efforts made by the Government to conduct investigations and bring the guilty to justice, bearing in mind the new allegations relating to murders, disappearances and threats suffered by trade union officials and members, there is still an extremely serious problem of violence in Colombia. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate free from violence, pressure and threats of all kinds against officials and members of such organizations, and that it is the responsibility of governments to guarantee respect for this principle [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47]. In this regard, the Committee, whilst noting the protection measures being put in place by the Government, requests it to continue taking all possible steps to provide effective protection for all trade union members, enabling them to exercise their trade union rights freely and without fear. The Committee stresses the need for the interested parties to be able to rely on this protection, and requests the Government to indicate the reasons why the unions have not benefited from the mobile protection and security perimeter installation schemes in 2006.
  5. 419. As regards the status of the investigations, the Committee, whilst noting that some progress has been made and that sentence has been passed in some cases, also notes the significant number of cases concerning acts of violence and threats against trade unions in which an investigation is required in order to identify and punish the perpetrators. With respect to the 42 investigations afforded priority treatment by the Government, in connection with which it has supplied detailed information on the complete range of measures being applied, the Committee observes that, in relation to the 11 investigations currently being processed by the Office of the Public Prosecutor’s National Unit for Human Rights:
  6. – four are at the evidence-collection stage;
  7. – one has been partially closed;
  8. ­– the criminal action has been halted in one case in view of the death in combat of the defendant;
  9. – one case has reached the trial stage;
  10. – the perpetrators have been sentenced in two cases;
  11. – there was a resolution of accusation in one case;
  12. – the defendants were remanded in custody in one case.
  13. 420. The Committee observes that, with regard to the 31 other investigations being processed by the various public prosecutors’ offices:
  14. – eight led to criminal convictions;
  15. – one was shelved;
  16. – three are at the evidence-collection stage;
  17. – two cases have been dismissed;
  18. – charges have been formulated in two case;
  19. – four cases were transferred to other bodies;
  20. – one case concluded with an acquittal;
  21. – the Government does not provide any information on recent actions concerning the remaining cases.
  22. 421. The Committee recognizes the ongoing climate of violence that prevails. The Committee notes with interest some recent efforts to improve the situation and the substantive budgetary investment into protection programmes made by the Government and implores the Government to continue with and increase its efforts in this regard.
  23. 422. Whilst noting with interest that plans are in place to increase the number of investigations by 100, within the framework of the tripartite agreement, the Committee stresses the importance of ensuring that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated, and underlines that the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators. The Committee cannot but conclude that the current situation, in which a large number of acts of violence against trade union members are not investigated, or that the investigations were not fully carried out, is clear evidence of the impunity that still persists, on the one hand, preventing the free exercise of trade union rights and, on the other, adding to the conditions of violence. The Committee once again urges the Government, in the strongest possible terms, to take the necessary steps to pursue the investigations that have been initiated and to put an end to the intolerable impunity that currently exists, in order that all responsible parties can be effectively punished.
  24. 423. At the same time, the Committee firmly expects that the tripartite agreement signed in June 2006 between the Government and the social partners, which includes plans for permanent representation of the International Labour Organization and provides for careful follow-up of the findings of the Office of the Public Prosecutor’s special investigation group to combat impunity will yield tangible results in the near future.
  25. 424. The Committee notes the information sent by the Government concerning the appeal actions brought before the Constitutional Court against the Justice and Peace Act, No. 975, of 2005. The Committee requests the Government to keep it informed with respect to the entry into force and the mode of application of the Act and its effect on the cases of violence still pending.
  26. 425. As regards the allegations concerning the existence of a plan known as “Operation Dragon”, the Committee notes the information supplied by the Government in relation to the investigations being conducted by the Procurator General’s Office and the Public Prosecutor’s Office. The Committee firmly expects that, in light of the extremely serious nature of the allegations presented, the investigations can be properly concluded, and requests the Government to send information on developments in these investigations.
  27. 426. As regards the allegations by the ICFTU concerning accusations made by a former member of the Administrative Department for Security, in relation to the elimination of trade union members by that Department, the Committee notes that the Government has not supplied detailed information on this matter. Stressing the serious nature of the accusations, the Committee requests the Government to carry out an independent investigation as a matter of urgency and to inform it of the outcome.

The Committee's recommendations

The Committee's recommendations
  1. 427. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
    • (a) In general, the Committee observes that, bearing in mind the new allegations relating to murders, disappearances, threats, detentions and harassment suffered by trade union officials and members, there is still an extremely serious problem of violence in Colombia.
    • (b) The Committee, whilst noting the protection measures being put in place by the Government, requests it to continue taking all possible steps to provide effective protection for all trade union members, enabling them to exercise their trade union rights freely and without fear. The Committee stresses the need for the interested parties to be able to rely on this protection, and requests the Government to indicate the reasons why the unions have not benefited from the mobile protection and security perimeter installation schemes in 2006.
    • (c) The Committee once again urges the Government, in the strongest possible terms, to take the necessary steps to pursue the investigations that have been initiated and to put an end to the intolerable impunity that currently exists, in order that all responsible parties can be effectively punished.
    • (d) The Committee firmly expects that the tripartite agreement signed in June 2006 between the Government and the social partners, which includes plans for permanent representation of the International Labour Organization and provides for careful follow-up of the findings of the Office of the Public Prosecutor’s special investigation group to combat impunity, will yield tangible results in the near future.
    • (e) The Committee requests the Government to keep it informed regarding the entry into force and the mode of application of the Justice and Peace Act, No. 975, of 2005, and its effect on the cases of violence still pending.
    • (f) As regards the allegations concerning the existence of a plan, known as “Operation Dragon”, to eliminate various trade union officials, the Committee firmly expects that, in light of the extremely serious nature of the allegations presented, the investigations can be properly concluded, and requests the Government to send information on developments in these investigations.
    • (g) As regards the allegations presented by the ICFTU concerning accusations made by a former member of the Administrative Department for Security, the Committee, stressing the serious nature of the accusations, requests the Government to carry out an independent investigation as a matter of urgency and to inform it of the outcome.
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