Interim Report - Report No 319, November 1999

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

Allegations: Murder and other acts of violence against trade union officials and members and anti-union dismissals

1. 5. The Committee last examined this case at its March 1999 meeting (see 314th Report, paras. 4-41). The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 28 April, 29 July, 9 and 11 August and 3 September 1999. The Single Confederation of Workers of Colombia (CUT) sent new allegations in communications dated 27 April, 10 June, 27 July and 31 August 1999. The World Federation of Trade Unions (WFTU) sent additional information on 9 June 1999. The World Confederation of Labour sent communications dated 17 February and 2 March 1999 in support of the earlier communications by CLAT. The Single Confederation of Workers of Colombia (CUT), the General Confederation of Democratic Workers (CGTD) and the Confederation of Workers of Colombia (CTC) sent a joint communication dated 9 April 1999. The Government sent its observations in communications dated 4 and 23 March, 2 June, 12 August and 23 September 1999. At its meeting for the adoption of its report, the Committee was informed that a communication from the Government was received in the ILO on 11 November 1999. In conformity with its usual practice, the Committee did not take this communication into consideration at its present meeting as it was received too late.
2. 6. 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. 7. During the previous examination of the case, the Committee dealt with the pending allegations concerning the murder of and other acts of violence against trade union officials and members, as well as anti-union dismissals. The Committee made the following recommendations (see 314th Report, para. 41):
2. -- With respect to the 59 cases in which those responsible for murders have not been identified (some of which refer to a number of persons), the Committee urges the Government urgently to take the necessary measures to determine where responsibility lies, to bring to trial and to convict the guilty parties and to prevent a repetition of these extremely serious events. The Committee urges the Government to keep it informed in this regard. Concerning the eight cases in which investigations have been closed by the corresponding Procurator's Office, the Committee urges the Government promptly to inform the Committee of the reasons for closing these investigations. In regard to the three cases in which, according to the Government, it is not known whether the investigations continue, the Committee likewise urges the Government to take the necessary steps to identify and to bring those responsible to trial.
3. The 59 cases of murder are as follows: Manuel del Cristo Ballesta, murdered on 13 August 1995. The murderers are believed to be members of a paramilitary group (in all, 18 persons were shot at point-blank range); Camilio Eliécer Suárez Ariza, attorney of FENSUAGRO, murdered on 21 July 1997 in the municipality of Ciénaga, by persons believed to belong to a paramilitary group. According to information gathered by DAS, on 18 July 1997, in the municipality of Ciénaga, Messrs. Suárez Ariza and Tapias Llerena were kidnapped from the SINTRAINAGRO union headquarters by approximately ten individuals bearing short and long-range weapons. On 22 July 1997, their bodies were found; Mauricio Tapias Llerena, Secretary-General of FENSUAGRO, murdered in the municipality of Ciénaga on 21 July 1997, apparently by paramilitary groups. According to information provided by DAS, armed men entered the headquarters of the Ciénaga branch of SINTRAINAGRO on 18 July 1997; he was beaten until he became unconscious and then taken to a car and tortured. His body was found on 22 July; Libardo Cuéllar Navia, member of FECODE, murdered in the municipality of El Agrado, Huila, on 23 July 1997. According to information gathered by DAS, it is possible to establish that on 23 July 1997, in the morgue of Barzón hospital, an examination was carried out of the body of Cuéllar Navia, who had been attacked by unknown individuals who stole the motorcycle on which he had been travelling. The body bore a round wound on the right side of the neck; Enoc Mendoza Riasco, member of FECODE, murdered in the municipality of Ciénaga on 4 July 1997. According to the investigation carried out by the competent Procurator's Office, the possible suspects are subversives who engage in crime in the district of San Pedro de la Sierra, in the jurisdiction of the municipality of Ciénaga, with whom the victim had differences; Antonio Moreno Asprilla, murdered on 12 August 1995 by persons presumed to belong to a paramilitary group in the municipality of Chigorodó; Carlos Antonio Arroya de Arco, member of SINTRAMADARIEN, Urabá, murdered on 5 February 1996; Francisco Antonio Usuga, member of SINTRAINAGRO, Carepa, Antioquia, murdered by persons presumed to belong to commando groups on 23 February 1996; Pedro Luis Bermúdez Jaramillo, head of the farm workers' committee, Carepa, Antioquia, murdered on 6 June 1995; William Gustavo Jaimes Torres, president of the National Association of Peasant Users (ANUC), murdered on 28 August 1995; Jaime Eliécer Ojeda, president of SINTRAMINOBRAS in Ocaña, Norte de Santander, murdered by hired assassins on 23 May 1994. He had previously received threats and was on a blacklist with a further 60 persons; Alfonso Noguera Cano, president of SINTRAMUNICIPIO in Ocaña, Norte de Santander, murdered on 4 November 1994; Alvaro Hoyos Pabón, member of SINTRATITAN, Yumbo, Valle, who had received threats, murdered by persons presumed to belong to a paramilitary group on 12 December 1995; Néstor Eduardo Galíndez Rodríguez, chairperson of the executive subcommittee, ANTHOC, Yumbo, Valle, murdered on 3 July 1997; Erieleth Barón Daza, murdered on 3 May 1997; Jhon Freddy Arboleda Aguirre, member of SINTRAGRICOLAS, Maceo, Antioquia, murdered on 3 July 1997; William Alonso Suárez Gil, member of SINTRAGRICOLAS, Maceo, Antioquia, murdered on 3 July 1997; Eladio de Jesús Chaverra Rodríguez, member of SINTRAGRICOLAS, Maceo, Antioquia, murdered on 3 July 1997; Luis Carlos Muñoz, official of SINTRAMUNICIPIO, Segovia, Antioquia, murdered on 3 July 1997; Héctor Gómez, murdered in the central park of Remedios, Antioquia, on 22 March 1997; Gilberto Casas Arboleda, member of SINTRAINAGRO, Apartadó, Urabá, murdered on 11 February 1997. The suspects are believed to belong to a paramilitary group; Norberto Casas Arboleda, member of SINTRAGRICOLAS, Apartadó, Urabá, murdered on 11 February 1997. The suspects are believed to belong to a paramilitary group; Alcides de Jesús Palacios Casas, member of SINTRAINAGRO, Apartadó, Urabá, murdered on 11 February 1997. The suspects are believed to belong to a paramilitary group; Eduardo Enrique Ramos Montie, member of SINTRAINAGRO, murdered in Apartadó, Urabá on 14 July 1997; Wenceslao Varela Torrecillas, member of SUDEB (FECODE), murdered in El Peón, Bolívar, on 29 July 1997; Abraham Figueroa Bolaños, member of FECODE, murdered in the municipality of Milán, Caquetá, on 25 July 1997. The victim worked with the indigenous community; Edgar Camacho Bolaños, member of FECODE, murdered in the municipality of Milán, Caquetá, on 25 July 1997. The victim worked with the indigenous community; Félix Antonio Avilés Arroyo, member of ADEMACOR (FECODE), murdered in Ciénaga de Oro, Córdova, on 1 December 1997. The perpetrators of the murder accuse him of being one of those responsible for the terrorist attacks on the premises of Funpazcor and Ganacor; Hernando Cuadros Mendoza, president of the Tibú branch of the Oil Industry Workers' Trade Union, murdered in 1994 in Tibú by persons believed to belong to a paramilitary group; Freddy Francisco Fuentes Paternina, union official of ADEMACOR (FECODE), murdered in Montería, Córdova, on 18 July 1997 by persons believed to belong to a paramilitary group; Néstor Eduardo Galindo, president of ANTHOC executive subcommittee, murdered in Yumbo, Valle, on 6 March 1997; Víctor Julio Garzón, Secretary-General of FENSUAGRO, murdered in Santafé de Bogotá on 7 March 1997, by hired assassins; Isidro Segundo Gil, Secretary-General of SINTRAINAL, murdered at his workplace on 9 December 1996; José Silvio Gómez, coordinator of SINTRAINAGRO, Carepa, Antioquia, murdered on 1 April 1996 by persons believed to belong to a paramilitary group; Luis Orlando Quiceno López, member of SUTIMAC, murdered in Fredonia, Antioquia, on 16 July 1997; Nazareno de Jesús Rivera, member of SINTRAFRONTMINES, Amagá, Antioquia, murdered on 12 March 1997; Arnol Enrique Sánchez Maza, member of the Córdova Teachers' Union (FECODE), murdered in Montería on 13 July 1997. According to FECODE and CINEP, he was kidnapped by members of a paramilitary group for ten days and his body was subsequently found in the Sinú river; Odulfo Zambrano López, president of the local branch of SINTRAELECOL, murdered in Barranquilla by hired assassins on 27 October 1997; Francisco Mosquera Córdoba, member of SINTRAMADARIEN, Urabá, murdered on 5 February 1996; Armando Humanes Petro, member of FECODE, Montería, Córdoba, murdered on 23 May 1996; Atilio José Vásquez Suárez, member of FECODE, murdered in the municipality of San Juan de Nepomuceno, Bolívar, on 28 July 1997; Sabas Domingo Socadegui Paredes, trade union official, murdered on 3 June 1997 in Saravena, Arauca; Eduardo Enrique Ramos Montiel, member of SINTRAINAGRO, murdered in Apartadó, Urabá, at "El Chispero" farm on 14 July 1997; Jesús Arley Escobar Posada, president of the local branch of ASEINPEC, murdered in Cali on 18 July 1997 by individuals believed to be hired assassins; José Raúl Giraldo Hernández, Secretary of SINDICONS, murdered in Medellín on 25 November 1997 by individuals believed to be members of a paramilitary group of Elkin Clavijo, president of the Workers' Union of the Porce II Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on 30 November 1997; Alfonso Niño, treasurer of the Workers' Union of the Porce II Hydroelectric Project, murdered in the municipality of Amalfi, Antioquia, on 30 November 1997 by persons believed to be members of the ELN; Luis Emilio Puerta Orrego, leader of the Workers' Union of the Porce II Hydroelectric Project, murdered on 22 November 1997 by persons believed to be members of the ELN; José Vicente Rincón, member of SINTRAFERCOL, murdered in Barrancabermeja on 7 January 1998 by persons believed to belong to a paramilitary group; Arcángel Rubio Ramírez Giraldo, member of SITTELECOM, murdered in the municipality of Venecia, Cundinamarca, on 8 January 1998; Fabio Humberto Burbano Córdoba, president of the Trade Union Association of Employees of the National Penitentiary and Prison Institute, Cali branch, murdered in Santander de Quilichao, Cauca, on 12 January 1998 by persons believ
4. The cases in which the investigation was closed by the corresponding Procurator's Office are as follows: Ernesto Emilio Fernández Pezter, leader of ADUCESAR, murdered on 20 November 1995 in the municipality of Pailitas, César, by persons believed to be hired assassins; Libardo Antonio Acevedo, president of FESTRALVA (CTC), Tuluá, Valle, murdered on 7 July 1996; Magaly Peñaranda, member of SINTRAMUNICIPIO, Ocaña, Santander, murdered on 27 July 1997; David Quintero Uribe, president of SINTRACUACESAR, Aguachica, César, murdered on 7 August 1997; Aurelio Arbeláez, member of SINTRAFRONMINES, Segovia, Antioquia, murdered on 4 March 1997; José Guillermo Asprilla Torres, member of SINTRAINAGRO, Apartadó, murdered on 23 July 1997; Carlos Arturo Moreno López, leader of the farm workers' committee, murdered on 7 July 1995 in Apartadó, Urabá, apparently by members of commando groups; and Luis Abel Villa León, member of SINTRAMINEROS, Antioquia, murdered in Amagá, Antioqiuia on 21 July 1997.
5. The three cases for which the Government does not know if the investigations are continuing are the following: Manuel Francisco Giraldo, secretary of the executive subcommittee of SINTRAINAGRO, Apartadó, Urabá, murdered by members of a paramilitary group on 22 March 1995; 23 workers at "Osaka" farm, Carepa, Urabá, members of SINTRAINAGRO, murdered on 29 August 1995. Front V of the Revolutionary Armed Forces of Colombia (FARC) has claimed responsibility; Alvaro David, member of the workers' committee of the "Los Planes" farm, member of SINTRAINAGRO, murdered on 22 March 1996. The FARC are stated to be responsible for this crime, the victim being an active member of the "Hope, Peace and Freedom" movement.
6. -- The Committee also requests the Government to inform it of the outcome of the criminal proceedings against Mr. Freddy Mosquera Mosquera, charged with the murder of Mr. Bernardo Orrego Orrego, and the outcome of the issuing of arrest warrants for the suspects in the murders of Messrs. José Isidoro Leyton Molina and Juan Camacho Herrera.
7. -- Concerning the cases of disappearance (Messrs. Ramón Alberto Osorio Beltrán, Alexander Cardona, Mario Jiménez, Rodrigo Rodríguez Sierra, Rami Vaca, Jairo Navarro and Miseal Pinzón Granados), the Committee urges the Government to take the necessary measures promptly to proceed with the investigations, in order to determine the whereabouts of those missing, where responsibility lies, to punish those responsible and prevent any repetition of these deplorable events. The Committee urges the Government to keep it informed as promptly as possible in this connection.
8. -- With respect to the outcome of the investigations into the cases of death threats against trade union officials and trade union members, the Committee requests the Government to continue to provide protection to all of the trade union officials and trade union members in a situation of risk (Oscar Aguirre Restrepo, Alberto Arango Alvaro, Horacio Berrio Castaño, Martha Cecilia Cadavid, Franco Jorge Humberto, Giraldo Héctor de Jesús, Humberto Gutiérrez Jairo and José Rangel Ramos Zapata, members of the Union of Employees of the Department of Antioquia; Carlos Hugo Jaramillo, José Luis Jaramillo Galeano and Luis Norberto Restrepo, union officials of SINTRADEPARTAMENTO, Antioquia; Bertina Calderón, vice-president of the CUT, and other union officials; the members of the executive committee of FENSUAGRO; Pedro Barón, president of the Tolima branch of the CUT, threatened by several members of the security forces after having participated in a protest strike on 19 July 1995; members of the executive committee of the Union of the Titán S.A. Workers, Yumbo municipality, who received death threats from a paramilitary group named "Colombia Sin Guerrilla" -- COLSINGUER (Colombia without guerrillas) on 26 October 1995 and 17 May 1996; the National Executive Committee of CUT, Messrs. Luis Eduardo Garzón (president), Jesús Antonio González Luna (director of the human rights department) and Domingo Rafael Tovar Arrieta (director of the organization department); Jairo Antonio Cardona Mejía, president of the Union of Workers of the Municipality of Cartago and other officials (Albeiro Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño); Ms. María Clara Vaquero Sarmiento, president of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies, who received threats on 27 March 1998), to proceed with the investigations with a view to identifying and punishing those responsible for the threats and to inform it of the action taken in this regard.
9. -- Concerning the outcome of the investigations into the detention of trade union officials and trade union members, the Committee requests the Government without delay to inform it of the outcome of the investigations under way into the cases of Messrs. Luis Rodrigo Carreño, Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta, as well as those regarding the ten individuals involved in ongoing proceedings (Felipe Mendoza, Monerje Sánchez, Guillermo Cárdenas, Hernán Vallejo Leonardo Mosquera and Fabio Liévano, members of USO-Tibú, Norte de Santander, were arrested on 12 May 1996 in Casa Fiscal La Picota; Edgar Riaño Rojas, member of USO-NEIVA, was arrested on 12 June 1996 in Casa Fiscal La Picota; and Marcelino Buitrago, member of USO-Tibú, Norte de Santander, was arrested on 12 August 1996 in Casa Fiscal La Picota. He was accused of rebellion, terrorism and criminal conspiracy; Rafael Estupiñan, member of USO-Tibú, Norte de Santander, was arrested on 1 December 1996; César Carrillo, treasurer of USO-Nacional, was arrested on 12 June 1996. He was charged with rebellion, terrorism and criminal conspiracy but was released on 15 May 1998).
10. -- With respect to the outcome of the investigations into raids on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive subcommittee of the CUT-Atlántico, the Committee urges the Government to take appropriate measures to provide protection to all trade union officials and trade union members of these organizations and for their respective trade union headquarters. The Committee asks the Government to keep it informed of action taken in this regard.
11. -- With respect to the alleged police repression of employees of the public enterprises in Cartagena during a peaceful demonstration on 29 June 1995, the Committee asks the Government to carry out an investigation into the allegations and to keep it informed concerning this matter.
12. -- With respect to the five trade union members who were allegedly attacked and injured by the police, the Committee requests the Government promptly to inform it of the outcome of the proceedings under way against Mr. Héctor Ernesto Moreno Castillo and Mr. Edgar Méndez Cuéllar, and to forward information on the allegations regarding attacks against trade unionists César Castaño, Luis Alejandro Cruz Bernal and Martha Janeth Laguizamon, who did not lodge complaints.
13. -- With regard to the cases concerning Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez, the Committee requests the Government to inform it of the reasons for closing the disciplinary inquiry against them. Regarding the cases of Gilberto Correño and César Blanco Moreno, the Committee requests the Government to inform it as soon as possible of the outcome of the inquiries.
14. -- Regarding the allegations of murders of six trade union officials and trade union members (Orfa Ligia Mejía, Marcos Pérez Gonzales, Jorge Ortega García, Hortensia Alfaro Banderas, Macario Herrera Villota and Jairo Cruz) committed following the beginning of a national strike of government workers on 7 October 1998, the Committee deplores the fact that, despite the extreme gravity of the events, with the exception of two arrest warrants issued, the investigations carried out have not led to the identification, trial or conviction of the guilty parties, for which reason it urges the Government to inform the Committee as soon as possible of any concrete results achieved in this regard.
15. -- With respect to the six cases of physical aggression and injury ((1) on 15 October 1998 in Barrancabermeja, against Virgilio Ochoa, member of SINTRACUAEMPONAL; (2) on 15 October 1998 in Barrancabermeja, against Ugeniano Sánchez, member of SINTRACUAEMPONAL, shot four times in the head; (3) on 16 October 1998 against Benito Rueda Villamizar, president of SINTRACUAEMPONAL; (4) against Mario Vergara and Heberto López, trade union officials of SITTELECOM, brutally beaten by the police; (5) on 13 October 1998, the police violently charged SITTELECOM workers, several of whom were injured; (6) on 20 October 1998, in the city of Bogotá, on Carrera 7 between Calle 24 and Calle 27, riot police assaulted workers who were beginning a peaceful march to Plaza Bolívar, and on 22 October 1998, the police assaulted demonstrators who had gathered in Plaza Bolívar from all over the country), the Committee requests the Government to carry out an investigation into the allegations and to keep it informed in this respect. The Committee also requests the Government to confirm that the trade unionist José Ignacio Reyes has been released.
16. -- In regard to the death threats to all trade union officials of the "Comando Nacional Unitario" (composed of CUT, CGTD and CTC), the Committee requests the Government to continue to provide protection for all trade union officials and trade union members in a situation of risk, and to proceed with investigations to identify and convict the guilty parties and to inform it of action taken in this connection.
17. -- Regarding the investigations into the alleged anti-union acts committed by the authorities of the Andino, Citibank, Sudameris and Anglo Colombiano Banks, in view of the long period that has elapsed since the investigations were opened, without as yet producing any concrete results, the Committee urges the Government to clarify these events and, should the allegations be substantiated, to ensure that measures are taken to punish those responsible for such acts and to avoid their repetition in the future.
18. -- With respect to the allegations of various acts of trade union persecution against officials and members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA), the Committee asks the Government to keep it informed of the outcome of the negotiations that are being conducted between the Ministry of Defence and the trade union in order to clarify doubts and reach an agreement, and hopes that all the outstanding issues will be resolved.
19. -- Concerning the three cases of anti-union dismissals in the TEXTILIA Ltd. company, which are awaiting sentence in the respective courts, the Committee requests the Government to keep it informed of the final outcome of these proceedings.
20. -- Regarding the new allegations and additional information submitted by ICFTU and CLAT in connection with murders, attempted murders of and death threats against trade union officials and members, the Committee profoundly regrets the murders of Oscar Artunduaga Nuñez, of the Trade Union of Workers of the Cali Municipal Enterprises (SINTRAEMCALI), Jesús Orlando Arévalo, health secretary of the Trade Union of Workers of Arauca Public Service Enterprises (SINTRAEMPSERPA), Moisés Caicedo Estrada, trade union official of SINTRE PORCE II, Gladys Pulido Monroy, trade unionist, and Oscar David Blandón González, attorney of the Union of Municipal Workers of Bello, and the attacks against and consequent serious injuries sustained by Terciso Mora, president of the Colombian Federation of Teachers (FECODE) and Osvaldo Rojas Arévalo, president of the Trade Union of Employees of the Department of Cali. The Committee urges the Government promptly to communicate its observations on all these allegations.
21. -- In regard to death threats against trade union officials and members of CUT, FECODE, USO, UNEB and SINTRAEMCAL contained in the new allegations and additional information, the Committee asks the Government to continue to provide protection for all trade union officials and members in a situation of risk, to proceed with investigations to identify and convict the guilty parties and to inform the Committee of the action taken in this regard.
22. B. New allegations and additional information
23. General situation
24. 8. The trade union confederations of Colombia (CUT, CGTD and CTC), in a communication of 9 April 1999, declare that the situation as regards human rights violations has worsened in recent months. In support of their claim, they allege the following:
25. -- government circles are discussing the launch of a new labour reform which would, according to government and industry declarations, make labour relations still more flexible, allowing contracts on an hourly, daily and weekly basis. Attempts are being made to include in this reform the introduction of a wage of 20 per cent less than the legal minimum for workers taken on after the approval of the reform. This would allow workers to be hired without any kind of social, legal or other benefits;
26. -- it should be noted that the reform has been prepared unilaterally, without giving the workers the opportunity to express their point of view, suggest alternatives to each of its points;
27. -- the official sector is undergoing a labour massacre, with mass dismissals both in the central administration and in regional (district and municipal) authorities, leading to the destruction of trade union organizations;
28. -- this anti-trade union policy is exacerbated by delays in payment of wages and social benefits to workers, including extreme cases of delays in wage payment of up to 12 months.
29. 9. Finally, the trade union confederations state that there is no peace process in Colombia and that contacts for initiating dialogue between the Government and the guerrillas can be achieved only with considerable difficulty.
30. Specific allegations
31. 10. Specifically, the International Confederation of Free Trade Unions (ICFTU) in communications of 28 April, 29 July and 9 and 11 August 1999, the Single Confederation of Workers of Colombia (CUT) in communications of 27 April, 10 June and 27 July 1999 and the World Federation of Trade Unions (WFTU), in a communication of 9 June 1999, present new allegations.
32. Murders of trade union officials and trade union members
33. 11. The following murders are reported:
34. -- On 12 February 1999, in San Diego, César Administrative District, the teachers Luis Peroza and Numael Vergel were murdered after having been kidnapped and tortured by unidentified armed groups. They were members of the César Association of Teachers (ADUCESAR).
35. -- On 15 February 1999, Gilberto Tovar Escudero, official of the Workers' Union of Cartago Municipality, Valle administrative district, was murdered.
36. -- On 22 March, after having disappeared on 19 March, the trade union official Albeiro de Jesús Arce Velazquez was found dead in the river Cauca close to La Virginia municipality, Risaralda.
37. -- Ricaurte Pérez Rengifo was kidnapped on 20 February in Medellín from the school where he taught and was found dead on 25 February on the outskirts of the city.
38. -- The teacher Antonio Cerón Olarte del Hulla was murdered.
39. -- Alejandrino Melchor, Gildardo Tapasco and Julio Alfonso Podeva, of the Caldas Teachers' Association, were murdered on 6 April 1999.
40. -- Manuel Salvador Avila Ruiz, president of SINTRAINAGRO Puero Wilches branch, member of the FENSUAGRO national committee and attorney of the Single Confederation of Workers (CUT) of Barrancabermeja, was kidnapped on 22 April at 8 p.m. by persons believed to belong to a paramilitary group as he returned to Barrancabermeja after taking part in trade union activities in the city of Bucaramanga. He was found dead on 23 April 1999 in La Gómez, Sabana de Torres, Santander administrative district. He had been threatened on several occasions and for that reason he had sought, more than eight months earlier, protection from the Ministry of the Interior through FENSUAGRO, affiliated to CUT, but no measures had been taken by the Ministry in response.
41. -- Victor Mieles Ospina and Rosa Ramírez were murdered on 23 July 1999 in César administrative department.
42. Attempted murders
43. 12. The following attempted murders are reported:
44. -- On 5 April 1999, at 11 p.m. in Barranquilla, an attempt was made to murder three members of the national executive council of the Workers' Union of the Social Security Institute: Fernando Morales, now leader of CUT, Alberto Pardo and Esaú Moreno. The attempt took place as they were returning from a work meeting; they were attacked with firearms, causing serious injuries to Esaú Moreno, who had to be hospitalized.
45. -- Jesús Antonio González Luna, director of the human rights department of the Single Confederation of Workers (CUT), with his wife, children and accompanying bodyguards, was attacked on 1 August 1999 in the city of Cali. This caused the death of Giovanny Rodríguez Loaiza, a bodyguard in the service of the Administrative Security Department (DAS). The complainants state that this new attack on the leadership of the Colombian trade union movement, which remains the main civil target of the protagonists of the internal conflict, demonstrates the impossibility of the just, legitimate and democratic demands of the workers being established in a normal climate of calm and peace in a democratic society.
46. -- On 31 August, the day of the national strike, Domingo Tovar Arrieta, director of the administrative department of CUT, suffered an attempt on his life as he entered the premises of the Colombian Federation of Teachers (FECODE), in which he also occupies office as secretary for human rights. The attack was acknowledged by Nestor Humberto Martínez, Minister for the Interior. Carlos Bultrago, Mr. Tovar's bodyguard, was injured in the attack.
47. Death threats
48. 13. The following cases of death threats are reported:
49. -- Pablo Emilio Calvo, Vice-Chairperson of the Workers' Union of Cartago Municipality, was threatened by death in a pamphlet.
50. -- The leadership of the Antioquia Municipal Workers' Union receives constant death threats, especially Rangel Ramos Zapata, the president of the union, whom the ICFTU/ORIT has attempted to move to a different place of residence but has not been able to obtain the relevant authorization from the Governor.
51. -- Threats were made to individuals linked to the work of the trade union movement, including the Colombian Lawyers' Commission and the José Alvear Attorneys' Collective.
52. -- José Anibal Quiroga, Vice-Chairperson of the national committee of the Brinks company, received death threats in telephone calls urging him to abandon his trade union activities. His father also received threats.
53. -- Trade union leaders participating in the Single National Command calling the national strike on 31 August 1999 received death threats from extreme right paramilitary groups.
54. Disappearances
55. 14. The following disappearances were reported:
56. -- Justiniano Herrera Escobar, working for the municipality of Antioquia, who formerly worked for Shellmar of Colombia, disappeared on 30 January 1999.
57. Detentions
58. -- During the national strike on 31 August 1999, a large number of people were detained (277 persons according to the information sent by the ICFTU and 300 according to the information provided by CUT) and the whereabouts of many of them are unknown.
59. Unlawful detention
60. -- Horacio Quintero and Osvaldo Blanco Ayala, workers, were detained in Tibú on 31 May 1999 by members of a self-defence group, who interrogated them to elicit whether they belonged to the Workers' Trade Union (USO). The workers declared that they only held membership. After receiving death threats, they were released.
61. Persecutions
62. -- Oscar Amaury Ardila Guevara, trade union official of the CUT and Angel María Alvarez, official of the ANUC-UR, were reported to the military authorities, the former for membership of a subversive organization. The latter was harassed by DAS agents and forced to move to a different location within the country.
63. Anti-union acts
64. 15. The ICFTU was informed by its associate, the International Graphical Federation, which in turn was informed by FENALGRAP, its Colombian member, of the continued and flagrant violations of trade union rights targeted at the trade union officials and workers of the Brinks company in Colombia. These violations consist of a unilateral decision to increase from 40 to 48 hours the working week in violation of the provisions of the company's internal labour rules; violation of the collective agreement in respect of promotions, transfers, staff contracts, memoranda and disciplinary action, etc. The use of coercive methods was also reported, such as pressure through visits to workers' homes by social workers, who examined inside the houses and stated that those workers who did not agree to the increased working week would lose certain rights contained in the collective agreement, or their jobs; the refusal on the part of the executive committees to accept the increased hours angered the management of the company, and immediately after these events telephone calls were made insulting the union leaders and threatening them with death. Insulting calls were received by John Walter, the union chairperson, Alex Romero, the treasurer, and Rafael Romero, a member of the executive committee. Additionally, workers were watched and photographed from cars.
65. The Government's reply
66. 16. In its communication dated 12 August 1999, the Government draws attention to the fact that certain of the recommendations of the Committee on Freedom of Association relating specifically to the present case are linked directly to the phenomenon of violence from which Colombia is suffering and that no change in the Committee's position has been noted even though the Government has sent a detailed report on the violence in Colombia, presenting many of the State's actions to counteract the phenomenon and that of impunity. It adds that it would be very grateful to the Committee on Freedom of Association if, when producing conclusions and recommendations on the present case, it would take into account and consider at length the information submitted by the Government of Colombia in January 1999, which definitively and specifically presents the Colombian State's concern to counteract the phenomena of violence and impunity.
67. General situation
68. 17. The Government, in response to the trade union confederations' claim that there is no peace process in Colombia, reiterates that there is a process in active existence, headed by the President of Colombia, Dr. Andrés Pastrana Arango, directed towards a political solution to the conflict with the majority of the guerrilla groups operating in Colombia. It insists that failure to be aware of this process on the part of the trade union leaders is not compatible with the real situation in Colombia, and that the attempt to diminish its importance is futile and harmful. It considers that careful and thorough study of the real situation in Colombia makes it possible to deduce that the indiscriminate violence gripping the country is not directed specifically against trade union bodies, but that it is striking all social sectors indiscriminately. The sorry statistics of the tragic violence show similar numbers of victims in enterprises, among the peasantry, ordinary citizens, religious communities, and, most particularly, among civil servants and judges, who pay, often with their blood, for their resistance and their energetic and heroic vocation to consolidate the rule of law in Colombian society. This is the result of the situation of generalized violence originating in multiple, diverse and to a degree opposing sources of aggression towards Colombian society: subversion, organized crime motivated by drugs trafficking, paramilitary activities and common criminality. Hence, the Government maintains that only the restoration of political peace through the elimination of the major source of violence can provide a solid and workable base for effective exercise of the basic rights and thus permanent respect for trade union rights.
69. 18. It adds that the national and international communities have unanimously recognized the significance of the process itself and have applauded and supported the courage with which the national Government is advancing it. The Government details the mechanisms and measures aimed at curbing the activities of the self-styled "self-defence forces" and the guerrilla forces and putting a stop to impunity.
70. I. Combating the self-defence forces
71. 19. The Government reports that the national policy against the self-defence forces is a state policy. It revolves around two complementary axes, the first of which aims to combat their actions directly and effectively and the second, a deterrent, aims to remove the factors which influence the emergence and development of such groups. The policies directed against the self-defence forces include:
72. (a) The Coordination Centre for Combating the Self-Defence Forces: a centre has been established to coordinate management of intelligence from the military (the Army, the Navy and the Air Force), the National Police, the Office of the Procurator-General, the Office of the Attorney-General, the Ministry of the Interior and the DAS. The role of the Coordination Centre is to identify the self-defence forces in terms of location and to collaborate in designing the appropriate military plan of action, to be carried out by the operative and tactical units responsible for the region. The Centre has a database and statistical and geographical analysis capacities in addition to the necessary logistical and administrative capacities. It possesses a central committee for coordination, monitoring and control under the chairmanship of a politician of the highest level.
73. (b) Support of the work of the Office of the Procurator-General: greater support has been provided to that institution, and particularly to its Human Rights Unit, through the allocation of funds and accompanying staff for the investigation of cases involving members of self-defence forces. A complementary anti-self defence group combat force has been established in the form of an operative support group under the Office of the Procurator-General which is responsible for carrying out arrests under warrant and is composed of specialist personnel from the military, the National Police and the DAS.
74. (c) An early-warning system for high-risk areas in order to prevent massacres.
75. (d) Humanitarian agreements: the Government considers it important, in order to alleviate the suffering of the population, to retain the possibility of signing agreements of a humanitarian nature with the self-defence forces, since these, together with the guerrilla forces, are the main violators of international humanitarian law.
76. Progress in combating the self-defence forces
77. 20. According to the report of the High Commissioner for Peace, the following results have been registered:
78. -- 370 detainees;
79. -- 82 detentions of persons connected with the police;
80. -- 298 security measures;
81. -- 225 arrest warrants;
82. -- 82 anticipatory and coercive judgements;
83. -- 209 indictments.
84. II. The peace process with FARC-EP
85. 21. The Government reports the following significant developments in this process:
86. -- the appointment by the President of Colombia of a High Commissioner for Peace;
87. -- the clearing, in 1998, of more than 42,000 square kilometres of land as a zone of détente for the holding of talks between the Government and the guerrillas;
88. -- a meeting on 7 January in one of the demilitarized municipalities (San Vicente del Cagúan) between the President of Colombia and representatives of the Revolutionary Armed Forces of Colombia (FARC) in order to begin preliminary dialogue. This occasion was attended and celebrated by many representatives of the international community. This was the formal beginning of the process, with the start of dialogue which continued until 6 May, when the Joint Agenda for Change towards a New Colombia was agreed. Among the 12 topics agreed in the Common Agenda, the Government emphasizes the following:
89. -- -- protection of human rights as the responsibility of the State:
90. -- -- -- fundamental rights;
91. -- -- -- economic, social, cultural and environmental rights;
92. -- -- -- international treaties on human rights;
93. -- -- agreement on international humanitarian law:
94. -- -- -- removal of children from armed conflict;
95. -- -- -- anti-personnel mines;
96. -- -- -- respect of the civil population;
97. -- -- -- observance of international standards;
98. -- -- military forces:
99. -- -- -- defence of sovereignty;
100. -- -- -- protection of human rights;
101. -- -- -- combating of self-defence forces;
102. -- -- -- international treaties;
103. -- a meeting on 28 April, at a location in the "détente zone", of the guerrilla commander Manuel Marulanda and other representatives of FARC-EP, the High Commissioner for Peace and representatives of political parties and movements (the Liberal Party, the Conservative Party, the Communist Party and Sí Colombia) and Congress (the Leaders of the Senate and of the Chamber of Representatives);
104. -- a meeting in Caquetania on 2 May between the Head of State, Dr. Andrés Pastrana Arango, and the FARC commander, Manuel Marulanda, to decide on beginning the negotiation stage;
105. -- an agreement to appoint a thematic multisector committee which would, drawing on the topics of the Common Agenda, present proposals to the members of the negotiating team. The President invited the country's trade union leaders to appoint a worker spokesperson to the thematic committee, but the invitation was not accepted in principle. The Government hopes that the trade union movement will reconsider its position, since it believes worker participation in the work of the committee to be very important. The Government states that the inclusion in the Common Agenda of subjects connected with human rights and international humanitarian rights is the result and the confirmation of the Government's insistence that a peace process which is not signed with the fundamental aim of bringing about respect and full exercise of human rights cannot be successful or sustainable. It affirms that the fundamental right to life, the other human rights and international humanitarian law must be respected in full as the essential foundation for the building of a democratic society and an enduring and stable peace.
106. III. The peace process with the National Liberation Army (ELN)
107. 22. The Government has also reached agreements with the National Liberation Army. This was the purpose of Resolution No. 83 of 9 October 1998, which declared the peace process open and recognized the political nature of that organization.
108. A peace process amidst the difficulties
109. 23. In its communication of 23 September 1999, the Government sends observations in order to provide additional information on the peace process and the difficulties which it is encountering, as well as on new elements in state policy concerning the installation of peace in Colombia.
110. 24. Since the Government has been unable to persuade the guerrilla groups to agree to a ceasefire or truce in order to begin and develop the negotiations for peace, as mentioned in the report of 30 July, there was no other option but to agree to the peace process while the conflict continues.
111. 25. It was of course anticipated that on the establishment of the Common Agenda, the guerrillas (FARC) would give some demonstration of their desire for peace, but instead, adopting the tactic of a show of strength with the aim of improving their bargaining position, they are redoubling their aggression against small cities in various regions, leaving death and destruction in their wake. They targeted police stations and banks and ended up destroying private homes and murdering hundreds of civilians. The horrific images shown by the media show scenes of destruction identical to those left by an earthquake. In some settlements, where the guerrillas were confronted by the Colombian military, the insurgents suffered hundreds of losses, including child guerrillas who were taking part in the fighting.
112. 26. The ELN, for its part, is also developing its own strategy, consisting of mass civilian kidnappings, which are believed to be for political purposes in order to improve its bargaining power. These mass kidnappings cause shock and dismay among the national and international communities, particularly the hijacking of the Avianca aeroplane with dozens of passengers and the kidnapping of over 100 people in a Catholic church in Cali, a city of 2 million inhabitants. All of the victims were taken to ELN bases in the Colombian forests. One of the people kidnapped from the aeroplane died in captivity and another victim, from the church, was killed because he resisted being kidnapped.
113. 27. The response of the Office of the United Nations High Commissioner for Human Rights was as follows:
114. Office of the United Nations High Commissioner for Human Rights
115. Office in Colombia
116. Press release of the Office in Colombia of the United Nations High Commissioner for Human Rights on the death of the engineer Carlos González, held hostage by the ELN.
117. The Office, in its time, spoke out strongly concerning the recent mass hostage-taking by the National Liberation Army (ELN), particularly as regards the passengers of the Avianca Fokker flight on 12 April and the parishioners of La María church in the south of Cali on 30 May last year.
118. On this day, the Office wishes to express its sorrow at the sad death of Dr. Carlos González and its condolences to his family and friends.
119. Likewise, it wishes to state that this event is clear proof of the physical and psychological vulnerability of the victims of these repugnant acts and that the consequences remain entirely the responsibility of those who commit them. Moreover, the situation is aggravated in the present case by the fact that the ELN has not been permitted access to humanitarian organizations in order that the hostages may receive the necessary care and have their condition and medical needs assessed.
120. The Office once more condemns this inhumane practice waged against the unarmed civilian population unconnected with the armed conflict, and strongly urges the National Liberation Army to proceed without delay to free all of the hostages held by it in order to respect basic humanitarian principles and observe the most rigorous respect for the unarmed civilian population.
121. Santafé de Bogotá, 10 June 1999.
122. 28. Certain of the released hostages carried messages to the Government, which were of a political nature and laid down conditions for the peace process. The most serious and unacceptable factor, however, is that payment of enormous ransoms was demanded for the release of the remaining hostages, which forced the Government to suspend all dialogue with the ELN.
123. 29. The Office of the United Nations High Commissioner for Human Rights once again expressed its concern:
124. Office of the United Nations High Commissioner for Human Rights Office in Colombia
125. The Office of the United Nations High Commissioner for Human Rights reiterates its condemnation of the recent kidnappings in Colombia.
126. The High Commissioner for Human Rights, Mary Robinson, today renews her condemnation of the recent series of kidnappings of civilians by armed groups in Colombia as a "clear violation of human rights and international humanitarian law and a threat to the peace process in the country".
127. Mrs. Robinson, who visited Colombia last October, said that the frightening situation was becoming even more alarming through the reports that the kidnappers, including most recently the National Liberation Army (ELN), had been demanding ransoms. The High Commissioner said that "this gave rise to a legitimate concern that the kidnappings were motivated not only by political reasons and were a flagrant violation of international humanitarian law".
128. Mrs. Robinson called for the immediate release of all civilians held by the armed groups and urged strict observance of international humanitarian law. She expressed a hope that serious negotiations -- now in danger partly because of the kidnappings -- would be renewed for the sake of a political solution to the conflict in Colombia.
129. The High Commissioner said that this was "the only way to achieve lasting progress in human rights which would lead to sustainable economic development".
130. Geneva, 23 June 1999.
131. Kidnappings in Colombia
132. 30. The latest report of the Presidential Programme for Defence of Personal Freedom, which gives a statistical analysis of the phenomenon of kidnapping over the past four years, notes an alarming increase: where 947 economically motivated kidnappings were reported in 1996, 1,100 cases were reported by 31 July this year, over a period of only seven months. Between 1 January 1996 and 6 September 1999, a total of 6,957 people were kidnapped; 1,854 remain in captivity. An average of eight people are kidnapped per day. To our shame, Colombia registers 45 per cent of all kidnappings in the world.
133. 31. Of the insurgent groups, it is FARC that has kidnapped the most people: 224 civilians and 488 military and police personnel, a total of 712. The ELN holds 280 persons in captivity. The self-defence forces have kidnapped 42 people. Nobody is spared from this crime, not even the Colombian hierarchy of the Catholic Church. At present, the bishop of Tibú (a town in the north of the country), Monsignor José de Jésus Quintero, is being held by the Popular Liberation Army (EPL).
134. 32. Various workers are being held by the guerrillas, including two Spanish citizens working in Colombia. The trade union confederations published the following public statement on this in El Tiempo, the country's main newspaper:
135. Freedom for José Luis and Marcos, Spanish workers
136. As is known throughout the country, the Spanish citizens Marcos Gallego Jiménez, aged 52, and José Luis Alarcón, aged 35, were taken into captivity on 18 February in Cerro Matecaña, near Supía (Caldas). They had been working with other staff at the Colombian TEDELCA company. All of them are labourers, fitters and installers.
137. At the time of the kidnapping, the group to which José Luis and Marcos belonged was installing a communications mast in the rural area of Supía, contributing in this way to the development of the region and offering its inhabitants the possibility of better conditions and quality of life.
138. The two Spanish citizens had been working there for three years and are well known for their team spirit and for good relations with their Colombian workmates.
139. As has been said, José Luis and Marcos are workers and have nothing except their small wages, which means that their families in Spain are from a modest background and have limited financial resources. The kidnapping of these two workers has caused great distress to their families and, in Spain as in Colombia, the kidnappings have caused shock and incomprehension throughout the social and trade union movements as well as in the general public, and nobody can understand how it can be that two people are kidnapped when all they have is the wage from their work.
140. The Spanish General Union of Workers (UGT), Trade Union Confederation of Workers' Commissions (CCOO) and Workers' Union (USO) and the Colombian Single Confederation of Workers (CUT), General Confederation of Democratic Workers (CGTD) and Confederation of Workers of Colombia (CTC) cannot understand the reasons for these detentions, nor still less the reasons why José Luis and Marcos are being kept in captivity.
141. Thus, in our capacity as representatives of the workers of both Spain and Colombia, we demand the immediate release of the kidnapped workers.
142. Neither the situation of violence in the country, nor, still less, the violence being created by the process of dialogue between the Government and the FARC (seemingly the group which is holding the two Spanish workers) justify holding civilians who are not involved in the armed conflict. On the contrary, desiring that the peace process may achieve success, we believe that what is needed are acts of peace which demonstrate the political will of the parties in the matter. We consider that demanding the freeing of the two workers is an act of peace and solidarity with the detained men and their families.
143. Single Confederation of Workers of Colombia (CUT) Luis Eduardo Garzón, President Héctor Fajardo Abril, Secretary-General General Confederation of Democratic Workers (CGTD)
144. The self-defence forces against the civilian population
145. 33. As if the above were not enough, the self-defence forces (United Self-Defence Forces of Colombia -- AUC) have developed their criminal activities in various regions of the country with alleged guerrilla presence or influence and murdered dozens of poor settlers and peasants, forcing hundreds of survivors to flee their homes. Likewise, the self-defence forces have extended their crime wave to the big cities, carrying out selective murders and making death threats against individuals and social groups.
146. 34. Nothing seems to escape their fatal touch, even certain Colombian public universities which are now infiltrated by their criminal activities and, what is worse, their intimidatory pamphlets come from university insiders (AUC sympathizers or militants who apparently have access to the registers of students, teachers and administrative staff). They justify their criminal activities by alleging the presence of guerrillas or their sympathizers in the universities.
147. 35. In view of this serious situation, the national Government is, in concert with the local and university authorities, adopting measures to guarantee the protection of the university community and a return to normal academic life, including the abolition of the self-defence units inside the universities and punishment of the guilty persons.
148. 36. On this subject, we must express our indignation at the recent murders of: Hernán Henao, lecturer, and Gustavo Marulanda, student leader, of the University of Antioquia; Darío Betancurt, lecturer at the National Pedagogical University, and Jesús Antonio Bejarano, lecturer at the National University. Mr. Bejarano was murdered on the 15th of this month as he was entering the Faculty of Economics to give a class. He was Adviser on Peace in the Government of César Gaviria from 1990 to 1994 and President of the Business Association and the Farmers' Union of Colombia (SAC). In this case there is also speculation that the FARC, which had declared him a "military objective", was responsible for his death.
149. 37. On 13 August, Jaimé Garzón, a national figure involved in television and radio as a journalist and comedian, who was conducting humanitarian work for victims of guerrilla kidnapping and for the peace process, was murdered. In principle, the self-defence forces are blamed for this crime. The national Government is offering large rewards to persons providing information on the murders of Garzón and Bejarano.
150. 38. In addition, the self-defence forces are distributing intimidatory leaflets in small towns which they consider to have a guerrilla presence. For the purposes of illustration, we reproduce the leaflets distributed in Yumbo (an industrial town 12 kilometres from Cali):
151. To the people of Yumbo
152. The guerrilla cells had disappeared, but now we see the return of the person who had created terror by teaching terrorism to his pupils and now he is appointed Mayor of our municipality. We see that chaos has been created once more.
153. As the lifeblood of our municipality, we, traders, industrialists and decent people of this region do not want Yumbo to harbour any more subversives, who have brought such harm to the country.
154. We intend to publicize the names of certain individuals who are sponsoring the reformation of terrorist groups in order to sow darkness and anarchy in the peaceful town of Yumbo.
155. Fernando Ortega (Councillor M19), Councillor; Javier Bendon (defence attorney for political prisoners); Jaime Sánchez (trade unionist), teacher in the municipality; Diego Borrero (amnestied trade unionist); Juan Carlos Dorado (trade unionist); Olmedo Fernández (trade unionist and member of the UP); Omar Muñoz (member of the political leadership, "Jaime Bateman"), official; Herbeney Velasco (member of the political leadership, "Jaime Bateman"), community leader; Ferney Lozano (official); Alexander Ochoa (member of "Jaime Bateman"); Luciano Cabrera (collaborator, trainer of left-wing leaders), community leader; Abelardo Tello (collaborator, trainer of left-wing leaders), community leader; Armando Mejía López (collaborator, trainer of left-wing leaders).
156. We warn our town to expect another list; the above-named individuals have 20 days to leave the town, otherwise they may be sure that they will pay with their lives for all the harm they have done.
157. No more violence! Freedom to the Avianca aeroplane hostages! Freedom to the hostages of La María church of Cali!
158. To the people of Yumbo
159. Today we present to all the people of Yumbo, decent people and soon to be people of peace, a new list of the terrorist subversives who, with their words of "reconciliation with correction", mask a truth full of kidnappings and terror throughout the nation; they are the following:
160. Alba Bolívar (trade unionist and "Jaime Bateman" sympathizer) Edgar Rincón (member of the political leadership, "Jaime Bateman"), official Claudia Leal (collaborator, trainer of left-wing leaders), official Rosario López (member of the political leadership, "Jaime Bateman"), municipal contractor Omar Pabon (traditionally subversive local leader), offficial Laura García (collaborator and "Jaime Bateman" sympathizer) Abraham Rubio ("Jaime Bateman" member), official Marcos Zambrano (guerrilla go-between in the Cauca), municipal engineering contractor
161. We are fulfilling our patriotic duty to return peace to the country region by region.
162. We give the evil bandits twenty days in order to get out of our village like those in the previous list, otherwise they may be sure that they will pay with their lives.
163. No more violence! Freedom to the Avianca aeroplane hostages! Freedom to the hostages of La María church of Cali! Live, free and in peace.
164. 39. By way of a glossary: "M19" (19 April Movement) is a guerrilla organization whose members abandoned their arms and returned to civilian life in 1990. The Mayor of Yumbo was the head of the movement. "Jaime Bateman" is an M19 splinter group which took up arms once more under the name of the leader of M19, killed in an air accident. "UP" (Patriotic Union) is a political organization created on the proposal of FARC in 1985 during the truce in order to negotiate with the Government of the time. The majority of its members are Communist Party militants.
165. 40. Likewise, in connection with the organization and implementation of the national strikes of 31 August and 1 September 1999, the organizers received on the eve an intimidatory leaflet from the self-defence forces and publicized it as follows:
166. Urgent action
167. The leadership of the national strike brings to the attention of public opinion, the civil authorities, the state law enforcement bodies and the national and international human rights organizations the following information:
168. Today, 30 August 1999, at 2.45 a.m. on the eve of the national civic strike, we received a threat in a communication signed by the United Self-Defence Forces of Colombia (AUC), sent by fax to the offices of FECODE and of the Single Confederation of Workers (CUT).
169. The wording of the threat was the following:
170. To the management of the worker and trade union confederations of Colombia: Subject: warning.
171. The guerrilla drug terrorists have with your help been carrying out dynamite attacks against unarmed civilians throughout the country; ten people were injured by the bomb in Montería.
172. We will reply with dynamite against you to every bomb which the guerrillas use against civilians on your orders.
173. You are taking the initiative ... we are protesting.
174. We always respect your labour demands when they are made within the Constitution and the law.
175. United Self-Defence Forces of Colombia
176. 41. It should be noted that, before this national strike was announced, the national Government called upon the leaders to channel their demands through the mechanisms for social dialogue and collaboration, but found no desire for dialogue on the part of the organizers, who declared that the step was irreversible, but that it would be developed in a peaceful manner. The Government then instructed the police to act with restraint, but to be firm if there was any violence, in fulfilment of its legal obligation to protect the life, honour and property of the citizens. Unfortunately, the protest exceeded the organizers' estimates and there were provocative and violent acts, especially in the outer suburbs of the large cities and mainly in Santa fé de Bogotá, including stone-throwing, barricading of streets and looting of commercial premises and trucks. Sadly, a 10 year-old girl was killed during the rioting when she was hit by a shot fired by a trader attempting to stop the looting.
177. 42. Once the strike was over, the national Government agreed with the organizers to hold 12 thematic negotiating sessions on the items in the list of demands. It is envisaged that negotiations will be concluded at the beginning of October.
178. 43. Among the "reasons and objectives of the strike", we would like to emphasize the statement in favour of the peace process, which coincides with the Government's position and is worded as follows:
179. The workers give their definitive support to the development and consolidation of a true peace process based on social justice. We reiterate our position of striving for a political solution to the armed conflict and the rejection of all forms of violence, kidnappings, massacres, forced disappearances, attacks and killings, pleading for the warring parties to respect the civilian population and observe the standards laid down by international humanitarian law.
180. Colombia's response
181. 44. One important fact which deserves attention is the Colombian people's response to all of the kidnappers and people of violence: dignified demonstrations in all of the cities, numerous discussion forums and awareness campaigns are part of day-to-day life in Colombia.
182. 45. The people's response has met with many demonstrations of solidarity on the part of the international community.
183. The Government reiterates its desire for peace
184. 46. Despite the wave of violence unleashed by the guerrilla groups and self-defence forces, the national Government insists on the need to begin, as soon as possible, negotiation on the Common Agenda agreed and signed in conjunction with FARC on 6 May 1999. It has even dropped its demand that FARC submit to a verification commission in the zone of détente in order to prevent it continuing to murder and subject to violence the civilian population of the region. FARC denies that it agreed to this as a condition for the beginning and development of the peace process. In addition, it is now demanding that the start of negotiations should be preceded by the passing of a law on continuous exchange of soldiers and politicians held by it for guerrilla fighters in state prisons.
185. 47. Despite all of this, the national Government reiterates its desire to find a political solution to the armed conflict in order to put a stop to the killing by Colombians of their brother Colombians and to put all of the State's efforts into economic growth with equality, that is to say with social justice. These are not mere empty words: the super-project entitled "Plan Colombia" is made up of the development plan "Change to Build Peace" together with programmes for social investment and for the administrative spending needed for national development.
186. 48. The Plan Colombia involves prioritized, focused activities for regions where violence has reached a critical level and is associated with factors such as forced displacement and the cultivation of illegal crops. It is recognized that there is a need here to develop a state policy and not simply a government policy in order to ensure continuity over time, and not to be dependent on the situation surrounding the armed conflict and the negotiations, but to rise above these in a way that allows progress in the structuring of conditions more conducive to peace.
187. 49. It begins by recognizing that violence in Colombia is deeply rooted in economic and political exclusion and in the exercise of democracy with inequality and poverty; and that it is also spurred on by the cultivation of illegal crops. Investment, both private and public, should contribute to the creation of conditions for the construction of peace and the reinforcement of democracy, the present weakness of which is demonstrated by the various types of violence. The policy of investment and an adequate institutional framework should thus make it possible to meet the present and future requirements of the peace-building process and not simply solve the problem of guerrilla confrontation of the State.
188. 50. The violence and armed conflict have a general impact on the entire country, but their consequences are more serious in certain areas (mainly affecting a separate section of the population) where the objective factors of the conflict are interrelated. The lack of real opportunities for large sections of the population to make progress and the unequal geographical provision of human and social capital are subjective factors directly related to poor social cohesion, diminished institutional legitimacy, lack of respect for the appointed authorities and lack of state presence.
189. 51. The Plan Colombia was designed by the Government as the focal point for the different strands of the peace policy according to the type of conflict and the particular characteristics of the areas in which the conflict is to be found. It is based around five action areas: production, infrastructure, humanitarian issues, institutions and the environment. In addition, the Plan will be expanded by activities and investments in two areas: firstly, sectoral strategies through priority short, medium and long-term measures to promote development in the agricultural sector, strengthen civil society, develop the infrastructure and once more make justice institutionalized and the country safe.
190. 52. The Plan Colombia will be financed and implemented using effective, new and participatory mechanisms, with investments totalling 7.5 billion dollars over the next three years. The State will provide 4 billion dollars for the Plan, with the remainder being provided by international cooperation and the private sector.
191. Progress in state control and administration of justice
192. 53. The national Government has made the Vice-President, Dr. Gustavo Bell Lemus, in his capacity as High Councillor for Human Rights, responsible for coordinating the many efforts and the tasks carried out by various state agencies in order to guarantee, protect and defend basic rights. A broad coordination effort is making progress towards formulating a state policy on human rights and international humanitarian law, ensuring that all the institutions involved observe unity in criteria and breadth in commitments. It is intended that the policy would be integrated with efforts on the part of civil society.
193. 54. The Office of the High Councillor for Human Rights established the Observatory on Human Rights and International Humanitarian Law, which issued the following information:
194. Of the persons charged or investigated by the Human Rights Unit of the Office of the Procurator-General with crimes involving violations of human rights and of international humanitarian law, the majority were members of the self-defence forces, followed by members of the military and by the guerrillas. In December of last year, 474 of those charged belonged to self-defence groups, 243 were members of the military, 98 were members of the guerrilla forces, 30 were private individuals and 14 were members of the DAS. Arrest warrants were in place for 35 per cent of those charged, 30 per cent were in custody and the remainder were the responsibility of another authority or were free.
195. The National Office of the Attorney-General reported that torture was the violation giving rise to the largest number of complaints and new cases in 1998. In connection with the 606 complaints handled by the Delegated Attorney's Office for Human Rights, 319 preventive measures were taken and 287 cases were opened, of which 119 referred to torture, 75 to forced disappearances, 71 to multiple killings and massacres and 21 to violations of international humanitarian law; 55 sentences were pronounced at first-instance level concerning 173 officials, 99 of them had been punished by December 1998. Most of the officials sentenced were members of the army. At second-instance level, the Attorney-General's Office pronounced 31 sentences, 15 of which involved punishment.
196. Under Ruling C-358 of 1997, 317 cases involving members of the military were transferred from military to civil justice and of these 242 proceeded as civil cases.
197. 55. The Office of the President recently issued the following "presidential directive" for the development of preventive action and the protection of the human rights of members of non-governmental organizations (NGOs) and social organizations:
198. 1. All public servants are to refrain from questioning the legitimacy of human rights organizations and their members acting in accordance with the Constitution and the law, from making comments discrediting, harassing or inciting to harassment of such organizations and from issuing public or private statements stigmatizing the work of such organizations.
199. 2. All public servants are to abstain from making false charges and accusations compromising the safety or the honour and good name of the human rights organizations and their members. A person who knows of any unlawful act committed by the members of such organizations has a duty to report it to the competent legal authorities.
200. 3. All public servants are to service and complete promptly and efficiently requests for information, action or measures made by the human rights organizations which are directly related to their work, in accordance with the functions proper to each body. In exceptional cases where there is some legal reason why such requests cannot be serviced, the organization making the request must be duly informed.
201. 4. The Director of Human Rights of the Ministry of the Interior is to service and handle, through the committee for risk assessment of the programme for the protection of witnesses and persons at risk, requests for protection of the group of persons specified in this directive with the purpose of assessing the risk and taking measures to protect where appropriate.
202. 5. The governmental human rights agencies at all levels are to develop or step up human rights awareness and training programmes to promote the legitimacy of work in the defence, protection and promotion of these rights as an essential constituent part of the social state ruled by law.
203. Strategies and activities for promotion and protection
204. 56. Additionally, in the very near future, the Ministry of Labour and Social Security, which coordinates the Inter-Institutional Commission for the Promotion and Protection of Workers' Human Rights, will propose and submit for the approval of the members of the Commission the "Strategies and Activities for the Promotion and Protection of Workers' Human Rights" in the following terms:
205. General objectives
206. The situation of armed conflict in Colombia calls for the adoption of effective state policies to counteract the causes and factors of violence. Action is needed to facilitate and reinforce citizens' initiatives for peace, non-participation of civil society in the armed conflict and the creation of a foothold for democratic coexistence and reconciliation to allow development of the processes of détente and agreement in order to respect international humanitarian law and protect human rights.
207. There is a need to establish how international cooperation could play a more effective role in formulating proposals for the solution of human rights problems in Colombia. Special mention should be given to the Office of the United Nations High Commissioner for Human Rights in Colombia; the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), whose consultative work covers not only human rights but also violations of international humanitarian law; and the International Labour Organization (ILO).
208. In the actions pursued by the Colombian State, the option of achieving political agreements on peace and reconciliation with the parties committing the violence has constituted a priority endorsed by civil society and the international community. A peace process negotiated with the parties to the armed conflict would facilitate the emergence of civil coexistence in Colombia and would be the best scenario for the development of economic growth with social justice. The workers' organizations are called upon to play an important role in this process.
209. Specific objectives
210. The national Government has established, for the promotion and protection of workers' human rights, a permanent Inter-Institutional Commission with a technical secretariat, coordination of which is the responsibility of the Ministry of Labour and Social Security. For this reason, the Commission is part of the new organic structure of the Ministry.
211. The Inter-Institutional Commission for the Promotion and Protection of Workers' Human Rights is responsible for designing and implementing at national, regional and local levels programmes for upholding workers' human rights with cooperation from state agencies, the appropriate NGOS, workers' confederations and trade unions, through activities such as:
212. -- Regional and local workshops, forums and seminars on peaceful coexistence and non-participation in the conflict, aimed at creating détente processes from within civil society and direct public opinion against the parties to the armed conflict in order that the latter prepare to comply with international humanitarian law.
213. -- Publicizing and promoting the application of international humanitarian law at regional and local levels through the mass media and the appropriate worker channels.
214. -- Encouraging among the community of workers explicit attitudes of no direct or indirect involvement in the armed conflict in Colombia.
215. -- Monitoring the proper implementation of the programme of protection for persons at risk coordinated by the Ministry of the Interior which offers protection also to trade union officials and activists who have been threatened. Equally, the programme allows for the protection of trade union organizations at risk.
216. -- Inter-institutional programmes for détente, appeasement, reconciliation and coexistence will be conducted in local and regional situations presenting an imminent threat to the public, and particularly where there is danger of the violation of the human rights of trade union officials and activists and trade union organizations.
217. -- It is important to consider setting up regional branches of the inter-institutional Commission, with a similar composition, in cooperation with the local authorities, to achieve a better adapted and more efficient institutional management.
218. The necessary steps need to be taken in relation to national and foreign agencies in order to obtain funds to ensure the fulfilment of the objectives and the development of the Commission's activities, including:
219. -- Study of the sociological and historical context of the human rights violations in order to formulate structural recommendations to combat impunity.
220. -- Human rights training and publicity programmes.
221. -- Establishment of a national network of public officials responsible for promoting human rights.
222. -- Establishment of a national network of workers to promote human rights.
223. -- Study, systematization and publicizing of successful sectoral or regional experiences of social dialogue and collaboration which have contributed to the creation of a climate of peaceful coexistence.
224. 57. With regard to the remaining aspects, the Government reports the following:
225. Killings
226. -- José Vicente Rincón, member of the Fertilizer Workers' Trade Union of Colombia, murdered on 7 January 1998 in Barrancabermeja. The human rights group of the National Police reports that
227. the procedure of removing the body was carried out by officers of the Technical Investigations Unit (CTI) in association with the Procurator-General's Office First Delegate to the criminal circuit judges and registered under No. 12371; in the present case, no individual or group has been found responsible for the event. However, intelligence work indicates that the perpetrators are known by the names of Pepo, Chuzo and Petete and are active members of the urban militia of the so-called National Liberation Army operating in the north-east of Barrancabermeja.
228. -- Jorge Boada Palencia, trade union official of the Association of the National Penitentiary Institute, murdered on 18 April 1998. The human rights group of the National Police reports that "the investigation by the national human rights unit is at the preliminary stage. The task was assigned to the Technical Investigations Unit and the individual under investigation for this murder is Hugo Toro Restrepo, also known as Bochica, commander of the 'Jorge Eliecer Gaitan' guerrilla group".
229. -- Jorge Duarte Chávez, member of the Oil Industry Workers' Trade Union (USO), murdered in Barrancabermeja on 9 May 1998. The human rights group of the National Police reports that
230. the procedure of removing the body was carried out by units of the Barrancabermeja Sectional Judicial Police (SIJIN) in association with the Procurator-General's Office First Delegate and registered under No. 13205. Intelligence work indicates that the crime was committed by persons known as Andrés, Walfran and Ramón or Ramiro, members of the workers' militia of the Popular Liberation Army.
231. -- Carlos Rodríguez Márquez, member of the USO, murdered in Barranquilla on 10 May 1998. According to information provided by the National Police, Atlántico police and investigation section, the murder was committed for reasons connected with personal and family problems. This conclusion was reached on the basis of statements by the children of the woman with whom he lived.
232. -- Arcángel Rubio Ramírez Giraldo, member of the telecommunications trade union SITTELECOM, murdered in the municipality of Venecia, Cundinamarca. In order to clarify the facts the case was taken up by the sectional procurator's office of Fusagasugá under No. 4825, Fiscal 05. Statements have been taken from María Cenelia Zuluaga, Luis Alfredo Ríos, Benigno Vela, Guillermo León Pérez, Rosalba González, Miguel Fernández and José Evert Rodríguez. According to the investigation carried out by the Cundinamarca police department of the National Police, it was concluded that:
233. Analysis of the event indicated that this crime could have been committed by a band of attackers intent on vehicle theft, since, in addition to the disappearance of the blue Chevrolet Samurai, registration No. MQC 136, other property was removed from the deceased, including a gold chain, a mobile telephone, a magnetic telephone belonging to Telecom, a BCH credit card, various appliances from the vehicle and belonging to Telecom, and other documents which the deceased kept in his wallet. In addition, from remarks made by people in the municipality of Cabrera, it appears that Arcángel Rubio Ramírez Giraldo had a son in the guerrilla forces, and thus the murder could have been committed by right-wing groups. Another factor which needs to be taken into account in investigating this killing is that the deceased was not popular among the local people: apparently, when he drank, he became very difficult. One thing that can be discounted is that the murder was committed because he was a member of the telecommunications union SITTELECOM.
234. Signed: Lieutenant-Colonel Jesús Antonio Moya Romero.
235. -- Orfa Ligia Mejía, murdered in the municipality of Ipiales on 7 October 1998. The National Police Human Rights Group reports:
236. The investigation of the murder of the trade unionist Orfa Ligia Mejía, teacher in the school of Puenes district in the Ipiales urban area is proceeding under No. 330 in attorney's office No. 22 of the Ipiales sectional unit. Initially Mr. Virgilio Revelo Villacrez was suspected of planning the crime, but the evidence did not attribute to him any means of carrying it out. The procedure has not yet been able to establish the possible identity of the perpetrator.
237. -- Macario Herrera Villota. In addition to the information in our report of 15 January 1999 on this case, the National Police Human Rights Group states that:
238. The murder of Mr. Macario Herrera Villota was committed by two individuals who were attempting to steal the vehicle (a taxi) in which he was travelling at night; at present there is a verbal description of one of the suspects, produced by the Police Intelligence and Judicial Investigations Bureau (DIJIN) of Huila administrative district with the help of a witness.
239. -- Víctor Eloy Mieles Ospino and his wife, Rosa Ramírez. Investigations by the Ministry of Labour and Social Security indicate that Mr. Mieles Ospino had been threatened, apparently by self-defence forces, forcing him to flee abroad. Shortly after his return to the country, he resigned his position in COCOLAC and took up residence in a different place to that where he had been threatened. It is not known why he went to visit the area he had left, where he and his wife were unfortunately murdered. It is thus difficult to determine in this unfortunate case what were the motives for his murder, but it is logical to exclude the possibility that it was for "trade union activities", in which he had not been involved for a considerable time before the event, having gone into exile and resigned his job and hence his trade union position. However, it is to be hoped that the ongoing investigations by the state agencies will establish the truth and, most importantly, bring the guilty parties to justice.
240. 58. Since specific information has not yet been received from the Office of the Procurator-General, the Government forwards information obtained from other sources concerning the following cases:
241. -- Oscar Artunduaga Nuñez, member of the Workers' Union of the Cali Municipal Enterprises (SINTRAEMCALI), murdered by two individuals close to his home, according to information supplied by the president of the union in question. One of the pair was killed by members of the police but the other managed to escape. The human rights unit of the Attorney-General's Office will shortly provide detailed information on the progress of the investigation.
242. -- Jesús Orlando Arévalo, who was apparently health secretary of the Workers' Union of Arauca Public Service Enterprises. However, according to information from the president of the CUT-Arauca, the deceased had resigned his position in the enterprise and also his trade union post. At the time of his murder, he was working for a private security group and had no trade union affiliation.
243. -- Gladys Pulido Monroy: according to information from various sources, a guerrilla group snatched the head of the rural La Libertad school of La Capilla municipality and murdered her near the school. The Procurator-General's Office has been asked to report on the progress of investigations.
244. -- Oscar David Calandón Gonzales: the Government is awaiting information from the Procurator-General's office in order to forward it.
245. -- Julio Alfonso Poveda, murdered in Santa Fe de Bogotá on 17 February 1999. According to the information received, Mr. Poveda had left the trade union movement some years ago and had taken up cooperative activities in the agricultural sector.
246. -- Pedro Alejandrino Melchor and Gildardo Tapasco (teachers, murdered on 6 April). Information has been requested from the Schoolteachers' Union of Caldas but no reply has been forthcoming. However, the Procurator's Office will shortly supply the relevant information.
247. -- Manuel Avila Ruiz, president of SINTRAINAGRO Puero Wilches branch and member of the Single Confederation of Workers (CUT) in Santander. The Procurator's Office will report on the progress of investigations in the very near future.
248. -- Esaú Moreno Martínez, wounded by a firearm on 5 April 1999 when he was in the city of Barranquilla together with two other members of the national executive council of the Workers' Union of the Social Security Institute (SINTRAISS), where he was implementing an administrative instruction to the executive sub-committee of the union. He died a few days later. The investigation is being conducted by the Barranquilla regional Procurator's Office.
249. -- Moisés Caicedo Estrada. The Procurator-General's Office has been asked to provide the relevant information. It should be noted that Mr. Caicedo Estrada, together with four colleagues and their families, were clients of the Ministry of the Interior Protection Programme. Amongst other measures, the protection consisted of providing them with a monthly allowance, from December 1997 to June 1998, for forced exile from their place of origin (Amalfi, Antioquia). Later they were given an allowance in money to aid them, on request, to move to any location in Colombia. Their move was the result of death threats from the National Liberation Army guerrilla group (ELN), which forced them not only to give up their trade union activities but also to leave the area. On 7 October 1997, the ELN sent a message to Elkin Darío Clavijo, Héctor Castrillón, Moisés Canedo, Uriel Hernández and Alfonso Niño informing them that "you have 48 hours from the receipt of this message to leave the area, otherwise you will be subjected to popular and revolutionary justice for high treason in the interests of the trade union lobby". They were also accused of supporting paramilitary groups. It would not be an exaggeration to say that this was a very dangerous threat, for ignoring it cost the life of two of the individuals named: Elkin Clavijo and Alfonso Niño, respectively president and treasurer of the Workers' Union of the Porce II Hydroelectric Project, who were murdered on 30 November 1997. Luis Emilio Puerta, leader of the same union, was also murdered on 22 November. These crimes were registered in our previous report.
250. -- Oswaldo Rojas: the Government is awaiting informaiton from the Procurator-General's Office in order to forward it.
251. 59. Concerning the eight murder cases where the Office of the Procurator-General has ordered that investigations be adjourned (Ernesto Emilio Fernández Pezter, official of ADUCESAR, murdered in the municipality of Pailitas, César, by persons believed to be hired assassins; Libardo Antonio Acevedo, president of FESTRALVA (CTC), Tuluá, Valle, murdered on 7 July 1996; Magaly Peñaranda, member of SINTRAMUNICIPIO, Ocaña, Santander, murdered on 27 July 1997; David Quintero Uribe, president of SINTRACUACESAR, Aguachica, César, murdered on 7 August 1997; Aurelio Arbeláez, member of SINTRAFRONMINES, Segovia, Antioquia, murdered on 4 March 1997; José Guillermo Asprilla Torres, member of SINTRAINAGRO, Apartadó, murdered on 23 July 1997; Carlos Arturo Moreno López, leader of the farmworkers' committee, murdered in 7 July 1995 in Apartadó, Urabá, apparently by members of commando groups; and Luis Abel Villa León, member of SINTRAMINEROS, Antioquia, murdered in Amagá, Antioqiuia on 21 July 1997), the Government reports that the Colombian Penal Code provides that if within three months no new elements have come to light which allow the investigation to proceed, the work is to be shelved until such time as new clues or evidence justify reopening the case. However, the adjournment of investigations should not be regarded as an abandoning of the case, which would imply impunity.
252. Attempted murders
253. 60. Concerning the allegations of the attempted murders, the Government reports:
254. -- Tarcisio Mora (president of FECODE): the Government reports that according to the content of a police communication of 21 January 1999, Mr. Tarcisio Mora was not attacked, but that there was a theft followed by an exchange of shots in the district in which coincidentally he was present.
255. -- Jesús Antonio González Luna, director of the human rights department of the Single Confederation of Workers (CUT). Mr. Bill Jordan, Secretary-General of the ICFTU, providing additional information on case No. 1787, informs the ILO of the attempt on the life of Jesús Antonio González Luna, his wife, children and accompanying bodyguards. This caused the death of Giovanny Rodríguez Loaiza, a bodyguard in the service of the Administrative Security Department (DAS).
256. 61. Concerning this case, the metropolitan police of Santiago de Cali, judicial and investigatory police unit, reports as follows:
257. Metropolitan Police of Santiago de Cali Judicial Police and Investigation Unit Santiago de Cali, 2 August 1999 Office No. 563/C. Murders Subject: Report on murder investigation
258. To the Procurator-General Unit II, Life and Sexual Decency
259. We, the undersigned members of the National Police, Rody Ordoñez Chauza and Víctor Hugo Del Prado Chaparro, in the service of the judicial police, in accordance with the provisions of article 316 of the CPP, swear to state the truth in this report.
260. Date: 1 August 1999, report: 2365, location of incident: Carrera 39, No. 2-24 Oeste, Belén district, Siloé; place to which body removed: Valle University Hospital.
261. Details of the deceased: Giovanny Rodríguez Loaiza, identified by national identity card No. 94.414.430, from Cali, 25 years of age, married, occupation: DAS bodyguard, residing at Calle 2 Oeste, No. 39-51, Belén district, Siloé, son of María Emperatriz and José Rodrigo. At the time of removal the body had a firearm injury in the pectoral region.
262. Description of the incident: According to the account of (names omitted for security reasons), Mr. Rodríguez Loaiza arrived at his home at 7.45 a.m. and a few minutes later noticed that several individuals belonging to the El Hueco gang were approaching. With his DAS pistol in his hand, he proceeded to move them away; those individuals also pulled out arms and shot Mr. Rodríguez Loaiza. Stealing the above-mentioned pistol, they left the scene, firing several shots in the air and hitting one of the windows of the house.
263. Motives: Apparently personal revenge. Witnesses (names and other details omitted for security reasons).
264. Arms and weapons used: firearm of unspecified calibre. Perpetrators: Known as Bocanegra.
265. Authority removing the body: procurator No. 110.
266. Action taken by the police: initially the case came to the attention of uniformed patrol TM-12 from El Cortijo police station, then we attended at the location known as El Hueco with a patrol from the Sectional Judicial Police and counter-guerrilla forces in order to patrol the site and seek the perpetrators. Later, Mr. Jesús González Luna, national human rights director of the CUT, arrived with six other persons, including DAS agents. Mr. González Luna did not enter into discussion with the uniformed police, but 15 minutes later made a search of various houses in the area and arrested two persons said to be the perpetrators, who were taken by the security forces to the University Hospital, where the procurator was examining the body; it was necessary to find witnesses, but this proved impossible. The residents of the house pointed to the possible involvement of the two suspects, but they were not eyewitnesses to the incident and therefore the suspects were released.
267. Later we interviewed Ms. Magda González Jaramillo, who stated that on 29 July 1999 at 4 p.m., she, together with Jackeline, Digna, Zuleima and Maribel, had noticed members of the El Hueco gang approaching the house, one of them carrying a guacharaca (Colombian musical instrument); immediately Mr. Rodríguez Loaiza fired several shots to make them leave, but they made menacing gestures and returned later.
268. Continuing the investigation, we interviewed various residents of the El Hueco district, who stated that the deceased had been in the habit of shooting at them every time that he saw them pass the territory of the "La 21" gang.
269. Later we interviewed several individuals from the Belén district, who stated that Mr. González Luna was a friend of Mr. Rodríguez Loaiza and had encouraged him to take the DAS course, from which he had graduated approximately one month earlier and become his personal escort. The El Hueco gang had taken this to mean that he had fallen out with them and decided to steal his DAS firearm, which they did on the day of the incident.
270. According to the statement of Nelson Guerrero Ayala and Abiselio Valenci Ortiz, the two individuals arrested by Mr. González Luna, the latter is the father of Daladier, known as Dallas, who, in the company of persons known under the alias of Ninja and Gringo, participated in the murder of two workers of the Family Welfare Institute a few months earlier, but that he used his position to get Daladier out of the country.
271. In the early afternoon of 1 August 1999, a judicial inspection was carried out together with the Rapid Response Unit (URI) coordinator and the family reported that they had received a telephone call stating that the perpetrators of the crime were known under the aliases of Bocanegra, Fhanor, Chacharringa and Colocolo.
272. The case was handled by brigade one: Rody Ordoñez Chauza and Víctor Hugo Del Prado Chaparro, investigators.
273. Miriam Janeth-Bejarano Díaz, Head of Life Unit, Sectional Judicial Police, Mecal.
274. 62. It should be noted that the report states that Mr. González Luna arrived at the scene of the incident later. His other bodyguards also arrived with him. The Administrative Security Department (DAS), Valle section, gives the following account of the incident:
275. Office of the President of Colombia, Administrative Security Department, Valle del Cauca section, Judicial Police and Investigation Unit Avenue 3 Norte No. 50-20 Barrio La Flora, Fax [phone] Santiago de Cali, 4 August 1999 No. 12074/DAS-SVAC-COIN-DIPJ-276320
276. Dr. Martha Janeth Mancera Head of Rapid Response Unit Technical Investigation Corps Cali, Valle
277. Reference: Report on investigation into murder and aggravated theft.
278. In fulfilment of the investigative task and for the attention of the Head of Rapid Response Unit of the Technical Investigation Corps, in accordance with article 316 of the CPP, it is reported that:
279. Through intelligence operations in the area it has been possible to establish the nature of the incident in which the DAS officer Mr. Geovanni Rodríguez Loaiza, bearer of licence No. 2694, was murdered. At that time in the area there was gang warfare for control over the hillside districts in Siloé region, involving four gangs, among them El Hueco, which was fighting the gang of the 41(st district) or Gang 21. The latter had dominated the area but its influence had been reduced as a result of the conflicts.
280. On 2 August, verbal insults were exchanged between members of the latter group meeting in the upper part of Carrera 39 and El Hueco gang members meeting on the same road in Calle 2, a situation which gave rise to a confrontation between the two groups; at that moment, the DAS officer Mr. Geovanni Rodríguez Loaiza was waiting on the pavement before 2-24, Carrera 39, the home of Mr. Jesús Antonio González Luna, Coordinator of the Human Rights Office of the Single Confederation of Workers (CUT), who at the time was under DAS protection because of threats to his safety.
281. When Mr. Rodríguez Loaiza heard the shots, he reacted by firing twice at the group on the lower part of the street and ran towards the house of Mr. González Luna, but it was locked, as was the gate in the external perimeter fence, so that he was left exposed and continued firing at the El Hueco gang members; this caused shots to be fired towards him, leading to bullets hitting the facade of the house and the upper part, even though the aggressors were at a lower level than Mr. Rodríguez Loaiza.
282. According to statements by people in the area, the latter used up all of his ammunition. The individuals who shot him were described as going by the names of Fanor, Bocanegra, Chicharrón and Cologolo. It was possible to identify these persons, the first being Fanor Andrés García Arana, aged 18, reported to be the person armed with a machine-gun and who approached Rodríguez' body aiming the weapon at it and took the pistol, then taking flight through the alley which led him to the area dominated by the El Hueco gang; second Víctor Hugo Bocanegra, known as Bocanegra, aged 20, who was armed with a 38-calibre revolver and who shot Rodríguez repeatedly; third Jhon Fredy Arana, a relative of the first-named, aged 18, known as Chacharringa (this is what witnesses heard as "Chiharrón"); and fourth Juan Carlos Paz, aged 19, known as Colocolo.
283. Since the incident was of this type, it is possible to exclude the theory of a terrorist attack on Mr. Jesús Antonio González Luna, official of the Single Confederation of Workers (CUT): this corresponds rather to an unfortunate incident stemming from juvenile gang warfare: such gang confrontations, it is emphasized, are common in the Siloé area, and unfortunately Mr. Rodríguez Loaiza was caught in the crossfire and by his response became the target.
284. It has also been established that these individuals have (...) to coordinate their activities and in this place there is a liquor store which the delinquents use as a meeting place; it is the property of Mr. (...).
285. In the above terms we present this report for information, assessment and appropriate action.
286. Yours sincerely, Detective No. 0938
287. 63. Finally, we consider it important to inform the Freedom of Association Committee that, on the request of Mr. González Luna, the Government paid his family's removal costs from Cali to Bogotá and then the costs of its departure from Colombia.
288. -- José Domingo Tovar Arrieta, member of the Executive Committee of the CUT, who was the victim of a supposed attack on 31 August 1999, the first day of the national civic strike. We consider it important to inform the Freedom of Association Committee of the version of the incident issued by the Head of the Investigations Unit of the Judicial Police:
289. Head of the Investigations Unit of the Judicial Police Republic of Colombia National Police Judicial Police Department Judicial Unit for Special Crimes Santa Fe de Bogotá, 1 September 1999
290. Subject: Report on new developments To: Director of Judicial Police
291. "... We noticed while moving south along Carrera 13 that four individuals were also walking along that street in the same direction. They turned east into Calle 34 and when we met on Carrera 13A/Calle 34, where they were walking north, one of them reacted in suspicious and surprised manner on noticing us, so the police patrol turned the car around in order to look at the individuals and drove back into Carrera 13A/Calle 34, along which they were walking. When they were close, we moved the vehicle forward a little and opened the door saying loudly to them "We are police officers", and they, without saying a word, began to shoot at our car. The only thing that we did was to retreat into the car so that the delinquents' bullets did not injure us, but we did also respond to the unwarranted aggression against us. At first it was the driver who managed to get out of the car; then another two police officers returned fire, constantly shouting the warning "Stop firing: we are police officers".
292. Immediately after the firing stopped, several uniformed patrols of the Bogotá metropolitan police arrived at the scene and carried out the procedure of confiscating the aggressors' weapons. They identified them as members of the Administrative Security Department (DAS), who claimed that they were in service as bodyguards to Mr. José Domingo Tovar Arrieta, Head of Organization and Planning of the Single Confederation of Workers (CUT).
293. It must be emphasized that the above persons initiated the firing against our vehicle, that the shots were fired when we were inside the car, that the detainees at no time wore any identification such as caps, armbands or jackets as is normal for bodyguards. Moreover, the aggressors ignored our shouted warnings that we were police. In addition, they at no time appeared or showed that they were bodyguards or that they were guarding someone, but simply acted like passers-by, with the difference that their manner was suspicious. It is important to emphasize that the role that they claim to have been fulfilling does not correspond to the norm for the service.
294. The exchange of shots resulted in slight injuries to Mr. Carlos Buitrago Reina, DAS officer, in the region of the right thigh. He was immediately taken by the police to the new clinic at 16B-11, Diagonal 45, where he received first aid. The police officers were unhurt but the car was hit by a considerable number of bullets, demonstrating the violent aggression and unwarranted force of the DAS officers; 27 of their used 9-millimetre cartridges were found at the scene.
295. The regular police identified the DAS officers as: Detective Nisser Morales Acosta, Detective José Alfonso Arévalo, Detective Carlos Buitrago Reina (wounded) and Detective Luis Alejandro Ardila, the commander of the men.
296. The scene was also visited by the Procurator-General and attorney 201 of the Rapid Reaction Unit's central zone, who arranged the judicial inspection, ordered opening of the preliminary investigation, and instructed that the damaged police car be removed to his unit's premises, together with the weapons, for examination.
297. Finally, I report that Mr. (...), employed by the AS REAL security company of 42-23, Calle 68, Bogotá, was a witness to the incident.
298. Yours sincerely, Wilfredo Omar Pérez Chamorro (Captain) Head, Judicial Unit for Special Crimes
299. 64. In addition, the Government states that it is conducting investigations into the following cases of attempted murder:
300. -- attack on Mr. Virgilio Ochoa Pérez, member of the protest committee of SINTRACUAEMPONAL, 15 October 1998;
301. -- attempted murder of Eugeniano Sánchez, 16 October 1998;
302. -- attempted murder of Benito Rueda Villamizar, president of SINTRACUAEMPONAL, 16 October 1998.
303. Harassment
304. 65. Concerning the complainants' allegation that Mr. Oscar Amaury Ardila Guevara is being victimized by the military authorities, who keep at military premises descriptions of him as a "member of a subversive organization", the national Government took appropriate corrective action when it was informed of the situation. In view of the fact that Mr. Ardila Guevara is on the list of workers of the Tolima hydroelectric station and resident in Ibagué, the Government has attempted to ensure that the management of the enterprise keeps him on permanent leave with the benefit of a grant in order that he may pursue his university studies in Bogotá. The committee for the evaluation and protection of persons at risk, coordinated by the Ministry of the Interior, has been following Mr. Ardila Guevara's situation closely. In particular, the latter has asked for no other protection beyond the possibility to remain in Bogotá and pursue his studies. When he needs to go to Ibagué, some protection is arranged for him.
305. Threats
306. 66. The Government states, on the basis of information submitted by the Office of the Procurator-General of the Nation, that investigations are being conducted regarding the following trade unionists:
307. -- Alexander López M.;
308. -- Robinson Emilio Masso Arias;
309. -- Luis Eduardo Garzón and Héctor Fajardo Abril;
310. -- Hernando Fernández.
311. Protection of individuals who have been threatened
312. 67. The Government reports that it has stepped up the Ministry of the Interior protection programme for individuals who have been threatened, making a budgetary contribution of the equivalent of US$5.5 million. This programme includes help for threatened trade unionists.
313. 68. The Government has forwarded a list of trade unionists benefiting from protection:
314. -- Hernando Hernández Pardo, president of the USO; Gabriel Alvis, vice-president of the USO; César Carrillo, treasurer of the USO; Jorge Gamboa, attorney to the USO; María Clara Baquero, president of ASODEFENSA; Jesús A. González Luna, human rights director of the CUT; Wilson Morja Díaz, president of FENALTRASE; Jesús Bernal Amorocho, president of SINTRACREDITARIO; Rafael Baldovino Pérez, president of SITTELECOM; Tarcisio Mora Godoy, president of FECODE; Héctor Fajardo Abril, secretary-general of the CUT; Percy Oyola Paloma, president of UTRADEC; Jorge Mario Vergara, treasurer of SITTELECOM; Nelson Berrio, USO peace assembly; Domingo Tovar Arrieta, vice-president of the CUT; Apecides Alvis Fernández, president of the CTC; Julio Roberto Gómez, secretary-general of the CGTD; Carlos Cely, chairman of ATT; Yuli González Villadiego, UNEB official; Francisco Ramírez Cuéllar, president of SINTRAMINERCOL; and Rangel Ramos Zapata, president of the Union of the Department of Antioquia.
315. 69. The Government reports also that the protection mechanisms offered by the above programme are adapted to the level of risk faced by the official according to technical assessment carried out by the state security organs, and supplies the list of officials and unions on which risk studies have been carried out.
316. Detentions
317. 70. The Government reports that detentions among trade unionists include a number of USO (oil industry union) members who were being prosecuted for "rebellion, terrorism and conspiracy to commit crime", namely Edgar Riaño Rojas, Marcelino Buitrago, Felipe Mendoza, Monerje Sánchez, Guillermo Cárdenas, Rafael Estupiñan, Hernán Vallejo, Leonardo Mosquera and Fabio Liévano.
318. 71. These individuals were released on 29 July 1999 together with other members of the same union who were detained for the same reason: Jorge Estupiñan, Reinel Sánchez, Alvaro Solano, Francisco Cadena, Leonardo Díaz and Constantino Carrillo.
319. 72. Concerning the alleged detention of Luis David Rodríguez Pérez, it has been established after investigation that his union (SINTRADIN) has no knowledge of such a detention and still less did it make such an allegation.
320. 73. Concerning Elder Fernández and Gustavo Minorta, reportedly members of the ECOPETROL company union USO, detained in December 1996, the relevant inquiries were made of USO and ECOPETROL, who denied knowledge of the men, still less of their detention.
321. Anti-union acts
322. 74. Regarding the anti-union acts at the Andino, Citibank, Sudameris and Anglo Colombiano banking corporations, the Government considered it important to listen to the complaints of the trade unionists. They were twice contacted by letter but did not reply to the invitations.
323. Dismissals
324. 75. Concerning the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company, the following is reported.
325. 76. In the case brought by Arnulfo Cruz Mora, a verdict was issued at second instance upholding the rejection of all of the claims brought against the company by Mr. Cruz Mora.
326. 77. Concerning the other two cases pending, the first, brought by Mr. Germán Bulla before the 14th circuit labour court of Santa Fe de Bogotá, is at the documentary stage; and the second, brought by Mr. Darío Ramirez, was heard before the 16th circuit labour court of Santa Fe de Bogotá and because of defects was declared inadmissible at the first hearing.
327. Final declarations
328. 78. In its communication of 23 September 1999, the Government through the Minister for Labour and Social Security, by way of a final declaration, stated the following.
329. 79. The body of information submitted to the ILO for study and analysis by the Freedom of Association Committee and its respective subdivisions, and the statements by previous Ministers for Labour and Social Security at Conferences and meetings of the ILO Governing Body not only provide a detailed picture of the real situation in Colombia but also bear witness to our responsibility and great desire to reveal the truth, however painful, to the international community.
330. 80. At a recent conference, Mr. Robert Kogod Goldman, a member of the Inter-American Institute of Human Rights (IIDH), which is monitoring Colombia, said that it was clear that the Colombian Government, for reasons connected with the armed conflict and the peace process, no longer retained effective control over certain areas of the national territory and the population. However, the Institute had already made it clear that it did not paint the State and the armed dissident groups with the same brush. The State possessed a unique status under international law and this implied certain rights and obligations. For example, in its capacity as a party to the Inter-American Convention on Human Rights and other human rights treaties, the Colombian State had freely assumed the fundamental responsibility and duty to respect and guarantee the human rights protected in those instruments for all of the people under its jurisdiction. This duty and responsibility could not be relinquished by the State during civil conflict or any other situation of emergency. The fact that the standards of humanitarian law were equally binding on the State and the dissident armies could in no way alter the status of the parties to the conflict and therefore could not be interpreted as legitimizing the cause for which the dissidents had taken up arms or, still less, acknowledging their aggression. It meant simply that the rival parties had the same obligation to observe the restrictions and prohibitions relevant to the conduct of hostilities.
331. 81. The CIDH had noted that few member States of the Organization of American States had made such a public declaration of their acceptance of international humanitarian law as Colombia. Equally few States had sought, as had Colombia with the invaluable assistance of the International Committee of the Red Cross (ICRC), genuinely to inform its security forces, the other parties to the conflict and the general public of the basic precepts of international humanitarian law. The Colombian Government and broad sections of civil society considered observance of the basic rules of humanitarian law essential in order to "humanize" the conflict and thus contribute to the creation of suitable conditions for negotiations between the rival parties and an eventual return to peace.
332. 82. "... Perhaps the most tragic and cruel consequence of the Colombian conflict to affect part of the civil population in recent years was the phenomenon of internal displacement. The scale of the internal displacement problem in Colombia was currently no less than a humanitarian catastrophe. Figures from different studies of the displaced population in Colombia placed it at between 700,000 and 1,200,000 persons. Both figures were higher than the number of persons displaced by the recent Kosovo conflict."
333. 83. We are obliged to face the judgement passed by the ILO's monitoring mechanisms on the many types of violence from which Colombia is suffering, in the certainty and sureness that, as stated by my immediate predecessor as Minister for Labour and Social Security, Dr. Hernando Yepes, none of them
334. may be imputed to the State as its policy or as the conduct of its responsible organs and agents. Thus, if occasionally, by way of an exception, persons in state service should have become involved in conduct in violation of human rights, deviating from their duties and going against the permanent instructions of those responsible for guiding the actions of public servants, their crime has invariably met with strong censure from society and an inexorable response from the State in terms of punishment.
335. 84. Our primary responsibility is with the 40 million people of Colombia, for in the end it is they who suffer directly from the atrocities of the illegally armed minority with its great ability to destabilize, which uses barbarism as an instrument to pursue perverse aims of economic profit in accordance with their political purposes. The people of Colombia are committed to the development of democracy, believe in their institutions and rise up to defend them. The democratic institutions are created of the will of the electorate and the Government honours this will, an expression of the sovereignty of the people. To summarize, Colombia is a social State ruled by law, with a Government which respects and is committed to guaranteeing the citizens' basic rights and the institutional base in its entirety.
336. 85. We are a part of the world community of the United Nations, the founder of the ILO, and are respecters of international standards and the principles of brotherhood and solidarity among peoples. This has been recognized by all Governments, which reach out to us in these difficult times and declare their support for our peaceful cause.
337. 86. We take up Colombia's defence before the ILO authorities as a matter of principle, for the premises on which the judgement of liabilities is based stem from a mistaken interpretation of reality: the criminal activities which are bringing suffering to all Colombians, without a single exception, are being associated with a supposed violation of ILO Conventions Nos. 87 and 98. In Colombia, despite the incipient development in production and the cyclical crises of our economy, workers' collective rights are respected and observed. It is significant that trade unions which suffer from the violence because they are located in areas of acute armed conflict are able to carry out in a normal way their activities connected with upholding rights. In addition, the public sector trade union movement accounts for 70 per cent of the unionized workers in Colombia and it is precisely that group which most vociferously denounces the lack of facilities for its organization. The national strike in Colombia, as may easily be seen, was led and initiated by the public sector trade union movement.
338. 87. The armed conflict has killed over 30,000 people in the past decade. Of these, some 700 were involved in trade unions and some 190 were trade union officials. These figures are terrifying and we respond with shame and indignation, but they are very different from the statistics given to the international organizations: documents and forums continue to repeat that the number of trade unionists killed over that time was 2,000 and that in the past eight years 1,083 have met with a violent death; according to documents produced by the ILO, 865 of these were trade union officials. For the same period (1991-98) the databank of the Human Rights Assessment Group of the Ministry of Labour and Social Security, which, it should be said, is one of the most complete records in the country, registered 627 killings, of which 180 were of trade union officials.
339. 88. In the Human Rights File Bulletin No. 5 of the National Trade Union Institute, the source of information for the ILO and other international organizations, there is a reference to 39 trade union officials murdered in 1997 (page 33). Checking of this information with the Trade Union Registry and with the unions themselves reveals that only 15 were in fact trade union officials; the other 24 were not. A considerable difference. In addition, the account was provided by a person not identified as a trade union official.
340. 89. Whatever the figures for murders of trade union members and officials, they are similarly repugnant, but presenting absolute figures of 2,000 trade unionists murdered without giving their names produces a reaction of shock and consternation in the reader or hearer and, more seriously, those who have no access to the original information have no alternative but to believe the figure. The handling of figures is extremely important: recently two letters arrived, both dated 20 August 1999 and addressed to the President, the first from PACE (the Paper, Allied Industrial, Chemical and Energy Workers' International Union), referring to 3,000 murders of trade unionists in the past ten years, and the second from the Union of Workers in the Mineral and Metal Extraction Industry of Minaco-GO, a member of the Brazilian Single Confederation of Workers, referring to 3,000 trade union officials murdered by the police.
341. 90. We request the Freedom of Association Committee to reproduce this report in full for all members of the ILO Governing Body.

D. The Committee's conclusions

1. 91. The Committee notes that the allegations presented by the complainants refer to extremely serious acts of violence against trade union officials and trade union members (murders (more than 100), attempted murders, disappearances, physical aggression, death threats) and acts of anti-union discrimination. The Committee expresses once more its serious concern in relation to these incidents and particularly those which caused the loss of life, the first premise of all rights.
2. 92. In respect of the general situation in the country, the Committee takes note of the complainants' statements that the situation in terms of violation of human and labour rights has worsened in recent months and that there is no peace process in Colombia and that contacts for initiating dialogue between the Government and the guerrillas can be achieved only with considerable difficulty. Regarding labour rights, the Committee takes note of the complainants' particular allegation that the Government is preparing a new reform for greater labour flexibility without taking into account the workers' point of view or possible alternatives that they might offer. They also allege, although not necessarily attributing them to anti-union motives, mass dismissals both in the central administration and in regional authorities and delays in payment of wages and social benefits to workers, including extreme cases of delays in wage payment of up to 12 months.
3. 93. The Committee notes that the Government, in response to the complainants' allegations on the non-existence of a peace process, asserts that there is a process directed towards a political solution to the conflict with the majority of the guerrilla groups operating in Colombia. The FARC affirms the existence of compromises with the ELN and considers that the murders and other violations of basic rights are not directed specifically against trade union bodies but against other groups as well. The Committee notes that the Government adds that the national and international communities have recognized the significance of the process itself and have applauded and supported the courage with which the national Government is advancing it, and takes note of the various mechanisms listed by the Government as measures to curb the violence: (1) a national policy of combating the self-defence forces through a Coordination Centre for Combating the Self-Defence Forces, support to the Office of the Procurator-General, an early-warning system and humanitarian agreements; (2) a peace process with FARC-EP with the establishment of a Joint Agenda for Change towards a New Colombia; and (3) a peace process with the ELN, with a resolution declaring the peace process open and recognizing the political nature of that organization.
4. 94. The Committee also notes that the Government points to countless difficulties amidst which the process has to proceed: the activities of the FARC, to improve its bargaining position, has increased its aggression against small cities in various regions and left death and destruction in its wake; the activities of the ELN with its strategy of mass civilian kidnappings, an activity, which according to the Government, has been condemned on several occasions by the United Nations High Commissioner for Human Rights; the AUC (United Self-Defence Forces of Colombia), which has developed its criminal activities in various regions of the country with alleged guerrilla presence or influence, murdered dozens of poor settlers and peasants, forced hundreds of survivors to flee their homes and extended its crime wave to the big cities, carrying out selective murders and making death threats against individuals and social groups; the fact that the violence and the armed conflict affect the whole country generally, but that its consequences are more serious in certain regions (affecting mainly a specific sector of the population) where all the objective factors of the conflict are present; the fact that, for reasons related to the armed conflict and the peace process, the Government no longer exercises effective control over some parts of the national territory and population; the fact that the Colombian conflict has created the phenomenon of the internal displacement of persons which affects between 700,000 and 1,200,000 persons. The Committee notes that despite all of this, the national Government reiterates its desire to find a political solution to the armed conflict in order to put a stop to the killing by Colombians of their brother Colombians and to put all of the State's efforts into economic growth with equality, that is to say with social justice. The Committee notes the Government's observations on the "Plan Colombia" which has the objective of eradicating violence while focusing on its most fundamental clauses and which is aimed at creating more favourable structural conditions to achieve peace. The Committee takes notes of the Government's policy in favour of preventive action and protection of human rights of members of non-governmental organizations (NGOs) and social organizations. The Committee notes the Government's statement that none of the different forms of violence that Colombia is suffering may be imputed to the State as its policy or as the conduct of its responsible organs and agents. Thus, if occasionally, by way of an exception, persons in state service should have become involved in conduct in violation of human rights, deviating from their duties and going against the permanent instructions of those responsible for guiding the actions of public servants, their crime has invariably met with strong censure from society and an inexorable response from the State in terms of punishment. The Government indicates that according to the information provided by the Office of the High Counsellor for Human Rights that the majority of human rights violations come from self-defence groups followed by members of the paramilitary forces and subversives. The Committee takes note of the intimidatory pamphlets reproduced in the Government's reply in which the self-defence forces threaten trade union activists and leaders. It also takes note of the data furnished by the High Commissioner for Peace on the convictions, detentions and trials against the members of these self-defence forces. Finally, the Committee takes notes of the Government's statement that the armed conflict has killed over 30,000 people in the past decade of whom some 700 were involved in trade unions and some 190 were trade union officials and that these figures are very different from the statistics provided by the complainants.
5. 95. While taking note of the important difficulties encountered by the Government and its efforts in accelerating the peace process and eliminating violence, the Committee deplores the fact that, since the previous examination of the case in March 1999, more acts of violence have been committed against trade union officials and members (13 murders, three attempted murders, disappearances and death threats) and more acts of anti-union discrimination. Additionally, the Committee deeply deplores the fact that none of the investigations under way has identified the perpetrators, which confirms the existence in Colombia of a climate of impunity favouring further acts of violence and the fact that holding trade union office involves risk to the safety of the individuals involved particularly in regions where the conflict is more acute. The Committee also regrets to note that the Government has only sent observations on part of the allegations, failing to reply to the vast majority of the prior requests for information.
6. 96. The Committee reiterates that "the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events" and that "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights"(see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 51 and 55).
7. 97. In these circumstances, noting that the situation remains alarming, the Committee urges the Government to take immediate measures to determine where responsibilities lie, try and punish the guilty parties, and prevent the repetition of acts of violence and anti-union acts against union leaders and unionists.
   • Acts of violence concerning which the Committee requested at its March 1999 meeting to be kept informed of the development of investigations
8. 98. Concerning the allegations regarding which the Government had reported at the March 1999 meeting or earlier that investigations and legal proceedings were under way, the Committee regrets to note that the Government has not sent any new information on the development of proceedings concerning the individuals mentioned in the following two paragraphs and urges the Government to provide information in that respect without delay.
   • Murders
9. 99. (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta (13 August 1995; (3) Francisco Mosquera Córdoba (February 1996); (4) Carlos Arroyo de Arco (February 1996); (5) Francisco Antonio Usuga (22 March 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Umanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliacer Ojeda; (10) Alfonso Noguera Cano; (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndez Rodríguez (4 March 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Fredy Arboleda Aguirre; (15) William Alonso Suárez Gil; (16) Eladio de Jesús Chaverra Rodríguez; (17) Luis Carlos Muñoz (7 March 1997); (18) Nazareno de Jesús Rivera García (12 March 1997); (19) Héctor Gómez (22 March 1997); (20) Gilberto Casas Arboleda; (21) Norberto Casas Arboleda; (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton (25 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (29 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Avilés Arroyo (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camaño Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón (7 March 1997); (36) Isidro Segundo Gil Gil (9 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (7 April 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez (July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1998) (mentioned in the allegations as having disappeared); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1998); (51) Fernando Triana (31 January 1998), (52) Francisco Hurtado Cabezas (12 February 1998), (53) Misael Díaz Ursola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (3 June 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego; and (58) José Eduardo Umaña Mendoza (18 April 1998).
   • Disappearances
10. 100. (1) Rodrigo Rodriguez Sierra (16 February 1995); (2) Ramón Osorio Beltrán (15 April 1997); (3) Alexander Cardona (14 July 1998); and (4) Mario Jiménez (27 July 1998).
    • Acts of violence outstanding at the March 1999 meeting of the Committee concerning which the Government sent observations
11. 101. Concerning the allegations which remained outstanding at the examination of this case in March 1999, the Committee notes that the Government reports that it has opened judicial investigations into the following cases: murders: José Vicente Rincón (murdered on 7 January 1998 in Barrancabermeja); Jorge Boada Palencia (murdered on 18 April 1998); Jorge Duarte Chávez (murdered in Barrancabermeja on 9 May 1998); Carlos Rodríguez Márquez (murdered on 10 May 1998); Arcángel Rubio Ramírez Giraldo; Orfa Ligia Mejía (murdered on 7 October 1998); Macario Herrera Villota; Víctor Eloy Mieles Ospino and Rosa Ramírez; attempted murders: Virgilio Ochoa Pérez; Eugeniano Sánchez; Benito Rueda Villamizar. The Committee expresses its grave concern and repudiates these acts and requests the Government to keep it informed as a matter of urgency on the results of the investigations and prosecutions under way.
12. 102. Concerning the allegations of the attempted murders of the trade union leaders Tarcisio Mora, Jesús Antonio González Luna and José Domingo Tovar Arrieta, the Committee notes that the Government refutes the allegations of these incidents and denies, in the three cases, that such attacks took place, presenting police reports which support its position.
    • Recent acts of violence concerning which the Government is awaiting information
13. 103. As concerns the alleged murders of trade union leaders and members regarding which the Government reports that it is awaiting specific information from the Office of the Procurator-General (Oscar Artunduaga Nuñez, Jesús Orlando Arévalo, Moisés Canedo Estrada, Gladys Pulido Monroy, Oscar David Calandón Gonzales, Oswaldo Rojas, Julio Alfonso Poveda, Pedro Alejandrino Melchor Tapasco and Manuel Avila Ruiz), the Committee notes that concerning Jesús Orlando Arévalo, Julio Alfonso Poveda, Víctor Eloy Mieles Ospino and Rosa Ramírez, the Government discounts any connection between the murders and the trade union activities of the deceased. In order to be able to pronounce itself in this regard, the Committee urges the Government without delay to ensure that investigations have been opened and to keep it informed in this respect.
    • Acts of violence into which the investigations have been adjourned
14. 104. Concerning the eight murder cases where the investigations have been adjourned by the competent Procurator's Office (Ernesto Emilio Fernández Pezter, murdered on 20 November 1995; Libardo Antonio Acevedo, murdered on 7 July 1996; Magaly Peñaranda, murdered on 27 July 1997; David Quintero Uribe, murdered on 7 August 1997; Aurelio Arbeláez, murdered on 4 March 1997; José Guillermo Asprilla Torres, murdered on 23 July 1997; Carlos Arturo Moreno López, murdered on 7 July 1995; and Luis Abel Villa León, murdered on 21 July 1997), the Committee notes that the Government reports that, under the Colombian Penal Code, if within three months no new elements have come to light which allow the investigation to proceed, the work is to be shelved until such time as new clues or evidence justify reopening the case, and that the adjournment of investigations should not, however, be regarded as an abandoning of the case, which would imply impunity. The Committee requests the Government to initiate new investigations on these cases and to inform it in this respect.
    • Alleged threats
15. 105. The Committee notes with interest the Government's statement that it has stepped up the Ministry of the Interior's protection programme for individuals who have been threatened, the number of trade union leaders benefiting from protection, and the risk studies carried out for individuals and trade union organizations. Specifically, the Committee notes that the Government is providing protection to the following trade unionists: Hernando Hernández Pardo, president of the USO; Gabriel Alvis, vice-president of the USO; César Carrillo, treasurer of the USO; Jorge Gamboa, attorney to the USO; María Clara Baquero, president of ASODEFENSA; Jesús Antonio González Luna, human rights director of the CUT; Wilson Morja Díaz, president of FENALTRASE; Jesús Bernal Amorocho, president of SINTRACREDITARIO; Rafael Baldovino Pérez, president of SITTELECOM; Tarcisio Mora Godoy, president of FECODE; Héctor Fajardo Abril, secretary-general of the CUT; Percy Oyola Paloma, president of UTRADEC; Jorge Mario Vergara, treasurer of SITTELECOM; Nelson Berrio, USO peace assembly; Domingo Tovar Arrieta, vice-president of the CUT; Apecides Alvis Fernández, president of the CTC; Julio Roberto Gómez, secretary-general of the CGTD; Carlos Cely, president of ATT; Yuli González Villadiego, UNEB official; Francisco Ramírez Cuéllar, president of SINTRAMINERCOL; and Rangel Ramos Zapata, president of the Union of the Department of Antioquia. In addition, the Committee notes that investigations have been opened into the threats against the trade unionists Alexander López M., Robinson Emilio Masso Arias, Luis Eduardo Garzón Héctor Fajardo Abril, and Hernando Fernández. The Committee urges the Government to take measures to protect trade unionists and unions at risk and to keep it informed of all new measures adopted in that regard.
16. 106. With regard to the death threats alleged to have been received recently by Pablo Emilio Calvo, vice-president of the Workers' Union of Cartago Municipality; members of the Colombian Lawyers' Commission and the José Alvear Attorneys' Collective; José Anibal Quiroga, vice-president of the national committee of the Brinks company; and trade union leaders participating in the Single National Command calling the national strike on 31 August 1999, the Committee regrets to note that the Government has not sent observations concerning these and urges it to take measures immediately to provide protection to the individuals threatened and to carry out investigations to identify the perpetrators.
17. 107. Finally, the Committee observes that the Government has not sent information on the development of the investigations concerning the death threats received by certain trade unionists (1) Oscar Aguirre Restrepo; (2) Alberto Arango Alvaro; (3) Horacio Berrio Castaño; (4) Martha Cecilia Cadavid; (5) Jorge Humberto Franco; (6) Héctor de Jesús Giraldo; (7) Jairo Humberto Gutiérrez; (8) Carlos Hugo Jaramillo; (9) José Luis Jaramillo Galeano; (10) Rangel Ramos Zapata; (11) Luis Norberto Restrepo; (12) Jorge Sliecer Marín Trujillo; and (13) Víctor Ramírez. The Committee requests the Government to send it information concerning the development and results of these investigations.
    • Allegations of detentions
18. 108. At its meeting in March 1999, the Committee examined a large number of allegations concerning detentions. Regarding the detentions of Edgar Riaño Rojas, Marcelino Buitrago, Felipe Mendoza, Monerje Sánchez, Guillermo Cárdenas, Rafael Estupiñan, Hernán Vallejo, Leonardo Mosquera and Fabio Liévano, Jorge Estupiñan, Reinel Sánchez, Alvaro Solano, Francisco Cadena, Leonardo Díaz, Constantino Carrillo, Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta, the Committee notes that the Government reports that: (1) Edgar Riaño Rojas, Marcelino Buitrago, Felipe Mendoza, Monerje Sánchez, Guillermo Cárdenas, Rafael Estupiñan, Hernán Vallejo, Leonardo Mosquera and Fabio Liévano, Jorge Estupiñan, Reinel Sánchez, Alvaro Solano, Francisco Cadena, Leonardo Díaz and Constantino Carrillo, who were being prosecuted for "rebellion, terrorism and conspiracy to commit crime", were released on 29 July 1999; (2) concerning Luis David Rodríguez Pérez, it has been established that his union (SINTRADIN) has no knowledge of such a detention and did not make such an allegation; (3) concerning Elder Fernández and Gustavo Minorta, the unions to which they supposedly belonged (USO and ECOPETROL) claimed not to know of the men, still less of their detention; and (4) Luis Rodrigo Carreño has not been detained. Concerning Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta, the Committee again asks the Government to inform it of the results of the investigations into their detention.
    • Allegations of harassment
19. 109. Concerning the allegation by the ICFTU that Mr. Amaury Ardila Guevara is being victimized by the military authorities, who keep at military premises descriptions of him as a "member of a subversive organization", the Committee notes that the national Government reports having taken appropriate corrective action and that the Committee for the Evaluation and Protection of Persons at Risk, coordinated by the Ministry of the Interior, has been following Mr. Ardila Guevara's situation closely.
    • Allegations on which the Government did not send observations
20. 110. Concerning the new allegations presented by the complainants concerning murders and attempted murders, disappearances, detentions, persecutions and unlawful imprisonment (see annex), the Committee regrets to note that the Government did not send observations. Additionally, the Committee regrets to note that the Government did not send any observations on many of the pending allegations concerning murders, disappearances and death threats involving trade unionists and trade union leaders. In the circumstances, the Committee urges the Government to communicate without delay its observations on all of the allegations in the annex to this case, to take urgent measures to have investigations carried out in order to shed light on the incidents, determine where responsibility lies and punish the guilty parties, and to keep it informed of all developments in this respect.
    • Anti-union acts
21. 111. In respect of the allegations concerning anti-union acts at the Andino, Citibank, Sudameris and Anglo Colombiano banking corporations, the Committee observes that from the information sent by the Government it appears that, in the case of the Banco Anglo Colombiano, the Colombian Association of Banking Employees made a request on 31 May 1999 to labour inspection No. 24 for the complaint to be shelved, since it had received a positive reply from the bank. The Committee observes also that the Government indicates with respect to the other cases that it considered it important to allow the trade unionists to detail their complaints and that they were twice contacted by letter but did not reply to the invitations. In the circumstances, the Committee invites the complainants to explain the reasons for which they did not reply to the government invitations.
22. 112. The Committee notes the allegations relating to violations of trade union and labour rights targeted at the trade union officials and workers of the Brinks company in Colombia, specifically an increase of the working week from 40 to 48 hours in violation of the provisions of the company's internal labour rules; violation of the collective agreement in various respects, the use of coercive methods to make workers agree to the increased working week would lose certain rights contained in the collective agreement, or their jobs; and telephone calls insulting the union managers and threatening them with death in order to exert pressure towards the same end. Observing that these allegations were presented recently, the Committee requests the Government to send observations on the matter with all urgency.
23. 113. Concerning the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company, the Committee notes that the Government reports that: (1) a verdict was issued at second instance against Arnulfo Cruz Mora, upholding the rejection of the case against the company; (2) the case brought by Mr. Germán Bulla is at the documentary stage; (3) the case brought by Mr. Darío Ramirez was declared inadmissible because of defects. In these circumstances, the Committee requests the Government to keep it informed of the results of the cases brought by Germán Bulla and Darío Ramirez.
    • Raids on trade union headquarters, telephone tapping and surveillance of trade unionists
24. 114. The Committee regrets to note in addition that the Government did not send observations with respect to the following pending allegations concerning raids on trade union headquarters, telephone tapping and surveillance of trade unionists:
25. (1) raiding of the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), tapping of the telephones of the trade union headquarters and the members and surveillance by armed persons of the president of FENSUAGRO, Luis Carlos Acero (the Government declares that this was not reported to the Colombian authorities);
26. (2) on 6 February 1998, at 12. 45, 15 individuals bearing weapons, exclusive to the armed forces, came to the premises of the executive subcommittee of the CUT-Atlántico in the centre of Barranquilla, broke in and pointed a revolver at Ms. Lydis Jaraba, member of the present national executive committee and the executive board of the subcommittee of the CUT-Atlántico. The individuals, who were not carrying any identification or search warrant, inspected all of the offices and then left (the Government reports that the Colombian authorities were not informed of the incident).
27. 115. In these circumstances, the Committee urges the Government without delay to communicate its observations concerning these incidents, to take urgent measures to have investigations carried out, and to keep it informed of all developments in this connection.

The Committee's recommendations

1. 116. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Concerning the allegations in regard to which the Government had reported at the March 1999 meeting or earlier that investigations and legal proceedings were under way, the Committee regrets to note that the Government has not sent any new information on the development of proceedings concerning the individuals mentioned and urges the Government to provide information in that respect without delay.
     • -- Murders:
   • (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta (13 August 1995); (3) Francisco Mosquera Córdoba (February 1996); (4) Carlos Arroyo de Arco (February 1996); (5) Francisco Antonio Usuga (22 March 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Umanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliacer Ojeda; (10) Alfonso Noguera Cano; (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndez Rodríguez (4 March 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Fredy Arboleda Aguirre; (15) William Alonso Suárez Gil; (16) Eladio de Jesús Chaverra Rodríguez; (17) Luis Carlos Muñoz (7 March 1997); (18) Nazareno de Jesús Rivera García (12 March 1997); (19) Héctor Gómez (22 March 1997); (20) Gilberto Casas Arboleda; (21) Norberto Casas Arboleda; (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton (25 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (29 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Avilés Arroyo (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camaño Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón (7 March 1997); (36) Isidro Segundo Gil Gil (9 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (7 April 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez (July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1998) (mentioned in the allegations as having diappeared); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1998); (51) Fernando Triana (31 January 1998), (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Ursola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (3 June 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); and (58) José Eduardo Umaña Mendoza (18 April 1998).
     • -- Disappearances:
   • (1) Rodrigo Rodriguez Sierra (16 February 1995); (2) Ramón Osorio Beltrán (15 April 1997); (3) Alexander Cardona (14 July 1998); (4) Mario Jiménez (27 July 1998).
   • (b) Concerning the allegations of murders and attempted murders in regard to which the Government reports that it has opened judicial investigations (murders: José Vicente Rincón (murdered on 7 January 1998 in Barrancabermeja); Jorge Boada Palencia (murdered on 18 April 1998); Jorge Duarte Chávez (murdered in Barrancabermeja on 9 May 1998); Carlos Rodríguez Márquez (murdered on 10 May 1998); Arcángel Rubio Ramírez Giraldo; Orfa Ligia Mejía (murdered on 7 October 1998); Macario Herrera Villota; Víctor Eloy Mieles Ospino and Rosa Ramírez; attempted murders: Virgilio Ochoa Pérez; Eugeniano Sánchez and Benito Rueda Villamizar). The Committee expresses its grave concern and repudiates these acts and requests the Government to keep it informed as a matter of urgency on the results of the investigations and prosecutions under way.
   • (c) As concerns the alleged murders of trade union leaders and members regarding which the Government reports that it is awaiting specific information from the Office of the Procurator-General (Oscar Artunduaga Nuñez, Jesús Orlando Arévalo, Moisés Canedo Estrada, Gladys Pulido Monroy, Oscar David Calandón Gonzales, Oswaldo Rojas, Julio Alfonso Poveda, Pedro Alejandrino Melchor Tapasco and Manuel Avila Ruiz), the Committee observes that the communicated information does not make it possible to establish whether an investigation is under way and again urges the Government without delay to toke measures to have investigations opened and to keep it informed in this respect.
   • (d) Concerning the eight murder cases where the investigations have been adjourned by the competent Procurator's Office (Ernesto Emilio Fernández Pezter, murdered on 20 November 1995; Libardo Antonio Acevedo, murdered on 7 July 1996; Magaly Peñaranda, murdered on 27 July 1997; David Quintero Uribe, murdered on 7 August 1997; Aurelio Arbeláez, murdered on 4 March 1997; José Guillermo Asprilla Torres, murdred on 23 July 1997; Carlos Arturo Moreno López, murdered on 7 July 1995; and Luis Abel Villa León, murdered on 21 July 1997), the Committee asks the Government to initiate new investigations on these cases and to keep it informed in this regard.
   • (e) Concerning the Ministry of the Interior's protection programme for individuals who have been threatened, the Committee notes with interest the Government's statement that it has been stepped up together with the number of trade union leaders benefiting from protection, and the risk studies carried out for individuals and trade union organization; in addition, the Committee notes that investigations have been opened into the threats against the trade unionists Alexander López M., Robinson Emilio Masso Arias, Luis Eduardo Garzón Héctor Fajardo Abril and Hernando Fernández. The Committee urges the Government to take measures to protect trade unionists and unions at risk and to keep it informed of all new measures adopted in that regard.
   • (f) With regard to the death threats enumerated in the annex, the Committee urges the Government to take measures immediately to provide protection to the individuals threatened and to carry out investigations to identify the perpetrators.
   • (g) Concerning the allegations of death threats mentioned in paragraph 107 with respect to which the Government has not sent information regarding the development of the investigations, the Committee requests the Government to send it information on the development and results of these investigations.
   • (h) Concerning the allegations of detentions, the Committee requests the Government to inform it of the results of the investigations into the detention of Luis David Rodríguez Pérez, Elder Fernández and Gustavo Minorta.
   • (i) Concerning the new and pending allegations of murders and attempted murders, disappearances, detentions, persecutions and unlawful imprisonment in respect of which the Government did not send observations, the Committee urges the Government to communicate without delay its observations on all of the allegations in the annex to this case, to take urgent measures to have investigations carried out in order to shed light on the incidents, determine where responsibility lies and punish the guilty parties, and to keep it informed of all developments in this respect.
   • (j) In respect of the allegations concerning anti-union acts at the Andino, Citibank, Sudameris and Anglo Colombiano banking corporations, the Committee invites the complainants to explain the reasons for which they did not reply to the Government invitations.
   • (k) Regarding the allegations relating to violations of trade union and labour rights of trade union officials and workers of Brinks Colombia, the Committee, observing that these allegations were presented recently, requests the Government to send observations on the matter with all urgency.
   • (l) Concerning the court cases pending sentence with regard to three dismissals at the TEXTILIA Ltd. company, the Committee notes that the Government reports that: (1) a verdict was issued at second instance against Arnulfo Cruz Mora, upholding the rejection of the case against the company; (2) the case brought by Mr. Germán Bulla is at the documentary stage; (3) the case brought by Mr. Darío Ramirez was declared inadmissible because of defects. In these circumstances, the Committee requests the Government to keep it informed of the results of the cases brought by Germán Bulla and Darío Ramirez.
   • (m) With respect to the pending allegations in respect of which the Government has not sent information, concerning raids on headquarters, telephone tapping and surveillance of trade unionists at the premises of the Single Agricultural Trade Union Federation (FENSUAGRO) and of the executive committee of the CUT-Atlántico in the city of Barranquilla, the Committee urges the Government without delay to communicate its observations regarding these incidents, to take urgent measures to have investigations carried out, and to keep it informed of all developments in this connection.

Z. Annex

• Allegations concerning acts of violence on which the Government has not sent
• information or has sent insufficient information for it to be established
• whether an investigation has been opened
• Murders
  1. (1) Manuel Francisco Giraldo, member of the executive committee of the
• National Union of Agricultural Workers (SINTRAINAGRO), murdered on 22 March
  1995. 1995
  2. (2) Twenty-three workers who were members of SINTRAINAGRO, murdered on 29
• August 1995.
  3. (3) Alvaro David, member of the workers' committe of the "Los Planes" farm,
• affiliated to SINTRAINAGRO, murdered on 22 March 1996.
  4. (4) Eduardo Ramos, trade union leader of "El Chispero" farm, Apartadó, Urabá,
• Antioquia, murdered on 14 July 1997.
  5. (5) Marcos Pérez González, member of the Electrical Trade Union of Colombia
• (SINTRECOL), murdered on 10 October 1998.
  6. (6) Jorge Ortega García, vice-president of the CUT, murdered on 20 October
  1998. 1998 (Mr. Ortega García had presented new allegations connected with this case
• hours before his death).
  7. (7) Ms. Hortensia Alfaro Banderas, vice-chairperson of SIDESC, on 24 October
  1998. 1998 in the municipality of Manure, César administrative district.
  8. (8) Jairo Cruz, president of the Union of Workers in Edible Oils, murdered on
  26. 26 October 1998 in the municipality of San Alberto, César administrative
• district.
  9. (9) On 12 February 1999, in San Diego, César administrative district, the
• teachers Luis Peroza and Numael Vergel were murdered after having been
• kidnapped and tortured by unidentified armed groups. They were members of the
• César Association of Teachers.
  10. (10) On 15 February 1999, Gilberto Tovar Escudero, official of the Workers'
• Union of Cartago municipality, Valle administrative district, was murdered.
  11. (11) On 22 March, after having disappeared on 19 March, the trade union
• official Albeiro de Jesús Arce Velazquez was found dead in the river Cauca
• close to La Virginia municipality, Risaralda.
  12. (12) Ricaurte Pérez Rengifo was kidnapped on 20 February in Medellín from the
• school where he taught and was found dead on 25 February on the outskirts of
• the city.
  13. (13) The teacher Antonio Cerón Olarte del Hulla was murdered.
• Attempted murders
  1. (1) Gilberto Correño, leader of the Trade Union of Workers (USO), on 7
• December 1996.
  2. (2) César Blanco Moreno, president of the executive subcommittee of the Trade
• Union of Workers (USO), on 11 May 1998.
  3. (3) On 5 April 1999, at 11 p.m. in Barranquilla, an attempt was made to murder
• three members of the national executive council of the Workers' Union of the
• Social Security Institute: Fernando Morales, now leader of the CUT, Alberto
• Pardo and Esaú Moreno.
• Physical aggression and political repression
  1. (1) Political repression against employees of public enterprises in Cartagena
• during a peaceful demonstration on 29 June 1995 (the Government reports that
• the Colombian authorities were not informed of the incident).
  2. (2) A police assault, causing injuries, upon trade unionists César Castaño,
• Luis Alejandro Cruz Bernal and Martha Janeth Laguizamon, who were
• participating in an information day organized by the National Association of
• Transit Agents (ANDAT) on 6 January 1997.
  3. (3) Mario Vergara and Heberto López, trade union officials of SITTELECOM, were
• brutally beaten by the police.
  4. (4) On 13 October 1998, the police violently charged SITTELECOM workers,
• several of whom were injured.
  5. (5) On 20 October 1998, in the city of Bogotá, on Carrera 7 between Calle 24
• and Calle 27, riot police assaulted workers who were beginning a peaceful
• march to Plaza Bolívar, and on 22 October 1998, the police assaulted
• demonstrators who had gathered in Plaza Bolívar from all over the country.
• Disappearances
  1. (1) Jairo Navarro, trade unionist (6 June 1995).
  2. (2) Rami Vaca, ECOPETROL union leader (27 October 1997).
  3. (3) Misael Pinzón Granados, member of SINTRAINAGRO, kidnapped by persons
• believed to be members of the paramilitary forces in the municipality of
• Puerto Wilches, Santander, on 7 December 1997. According to information
• supplied by the DAS, it was found that the wife of the missing individual had
• submitted an appeal of habeas corpus to the judicial authorities after the
• case had been shelved for lack of evidence on which to proceed.
  4. (4) Justiniano Herrera Escobar, working for the municipality of Antioquia, who
• formerly worked for Shellmar of Colombia, disappeared on 30 January 1999.
• Death threat
  1. s(1) Ms. Bertina Calderón (vice-chairperson of the CUT).
  2. (2) The members of the executive committee of FENSUAGRO
  3. (3) Pedro Barón, president of the Tolima branch of the CUT, threatened by
• certain members of the security forces after having participated in a protest
• strike on 19 July 1995.
  4. (4) The members of the executive committee of the Workers' Union of the Titán
• Corporation, Yumbo municipality, who received death threats from a
• paramilitary group named "Colombia Sin Guerrilla" --- COSINGER (Colombia
• without guerrillas) on 26 October 1995 and 17 May 1996:
  5. (5) The members of the executive committe of the Association of
• Agriculturalists of Southern Bolívar (Justo Partor Quiroz, secretary, Roque
• León Salgado, treasurer and Bersaly Hurtado, attorney).
  6. (6) The National Executive Committee of the CUT, Messrs. Jesús Antonio
• González Luna (director of the human rights department) and Domingo Rafael
• Tovar Arrieta (director of the administrative department).
  7. (7) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilso García Quiceno, Henry
• Ocampo, Sergio Díaz and Fernando Cardona.
  8. (8) Jairo Antonio Cardona Mejía, president of the Workers' Union of Cartago
• Municipality and other executives (Albeiro Forero, Gilberto Tovar, Hernando
• Montoya, Marino Moreno and Gilberto Nieto Patiño, councillor).
  9. (9) Clara Vaquero Sarmiento, chairperson of the Trade Union Association of
• Civil Servants of the Ministry of Defence, Armed Forces, National Police and
• related bodies, who received threats on 27 March 1998.
  10. (10) Pablo Emilio Calvo, vice-president of the Workers' Union of Cartago
• municipality, was threatened by death in a pamphlet.
  11. (11) Threats were made to individuals linked to the work of the trade union
• movement, including the Colombian Lawyers' Commission and the José Alvear
• Attorneys' Collective.
  12. (12) José Anibal Quiroga, vice-president of the national committee of the
• Brinks company, received death threats in telephone calls urging him to
• abandon his trade union activities. His father also received threats.
• Detentions
  • -- On 8 October 1998, José Ignacio Reyes, SINTELECOM member.
  • -- On 16 October 1998, in the San Francisco area of Bolívar City, Orlando
• Rivera and Sandra Parra.
  • -- During the national strike on 31 August 1999, a large number of people were
• detained and the whereabouts of many of them are unknown (227 persons
• according to the information sent by the ICFTU and 300 according to the
• information provided by the CUT).
• Unlawful imprisonment
  • -- Horacio Quintero and Osvaldo Blanco Ayala, workers, were detained in Tibú
    31. on 31 May 1999 by members of a self-defence group, who interrogated them to
  • elicit whether they belonged to the Workers' Trade Union (USO). The workers
• declared that they only held membership. After death threats, they were
• released.