Allegations: The complainant organizations allege acts of violence (murders,
attempted murders and death threats) against trade union leaders and members
- 171. The Committee has examined the substance of Case No. 2761 on three
occasions [see 363rd, 367th and 380th Reports], the last of which was at its October
2016 meeting, when it examined Case No. 2761 together with Case No. 3074 and submitted
an interim report on both cases to the Governing Body [see 380th Report, paras 244–274,
approved by the Governing Body at its 328th meeting].
- 172. The General Confederation of Labour (CGT) and the Single Trade Union
Association of Public Employees of the Colombian Prison System (UTP) presented new
allegations in a communication dated 7 June 2017.
- 173. The Government sent its observations in a communication received on
9 June and 24 October 2017.
- 174. Colombia has ratified the Freedom of Association and Protection of
the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention,
1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).
A. Previous examination of the case
A. Previous examination of the case- 175. At its October 2016 meeting, the Committee made the following
interim recommendations concerning the allegations presented by the complainant
organizations [see 380th Report, para. 274]:
- (a) The Committee
urges the Government to continue taking all the measures necessary to ensure that
all of the acts of anti-union violence reported in this case are resolved and that
the perpetrators and instigators are brought to justice.
- (b) The Committee requests the Government to facilitate an inter-institutional
evaluation of the investigation strategies used by the public authorities in the
cases of violence against trade union officials and trade unionists. The Committee
requests the Government to keep it informed of the outcome.
- (c) The Committee requests the Government to provide information
on the concrete functioning of the tripartite mechanism established in 2012 to
collaborate with the investigations into the acts of violence against trade
unionists.
- (d) The Committee requests the Government to
provide further information on the types of anti-union offences, not evident in this
case, that have led to recent convictions.
- (e) The
Committee requests the Government to communicate promptly its observations on the
allegations presented by SINTRAELECOL and to ensure that the situation of Mr Oscar
Lema has been duly assessed in order to provide him with any protective measures he
might require.
- (f) The Committee requests the Government
to ensure that an inquiry is initiated by the competent authorities into the arson
of the vehicle of Mr José Ernesto Reyes, and to keep it informed of the outcome of
that inquiry and the investigations conducted by the Public Prosecutor’s Office in
relation to the arson attacks on the headquarters of SINTRAEMCALI.
- (g) The Committee invites the Government to maintain its efforts
to ensure the safety of trade union leaders and trade unionists in the country and
to continue to keep it informed in this regard.
- (h) The
Committee draws the particular attention of the Governing Body to the extreme
seriousness and urgency of this case.
- 176. In a communication dated 7 June 2017, the CGT and UTP allege that 21
UTP members, including three union leaders, were murdered between 5 June 2012 and 24
October 2016 (see first list below). The complainant organizations provide further
details on 19 of the 21 murders, alleging that: (i) with regard to 12 of the murders,
they have no official information on the status of the investigations; (ii) the
Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) were involved in four
of the murders; (iii) a recording implicates the person presumably responsible for the
murder of Mr Libardo Rivera Rodríguez, who was murdered for reporting cases of
corruption inside a prison; and (iv) two persons suspected of murdering Mr Daniel
Mancera Bernal have been captured. The complainant organizations also allege that
another UTP officer, Mr Juan Garaviz Rincón, was seriously injured on 18 June 2015,
supposedly by the FARC-EP. The complainant organizations further allege that 31 UTP
leaders are currently facing death threats and that a criminal complaint has been filed
in every case (see second list below).
| No. | | Date | | Place | Name of victim | Position in UTP | Violent act |
| 1 | | 02/06/2016 | | Buga, Valle del Cauca | Giuliano Pieruccini Rodríguez | General secretary, UTP,
Buga Valle del Cauca | Murder |
| 2 | | 09/01/2016 | | Medellín, El Pedregal | Álvaro Javier Benavides
Rivera | Member, UTP | Murder |
| 3 | | 19/02/2015 | | Caicedonia, Valle del
Cauca | Juan Esteban Preciado Valencia | Member, UTP | Murder |
| 4 | | 08/04/2015 | | Cúcuta, Norte de Santander | Edward Alexis Granados
Flores | Branch officer, UTP | Murder |
| 5 | | 06/2015 | | Cali, Valle del Cauca | Wilmer Vidal Angulo | – | Murder |
| 6 | | 16/06/2015 | | Cali, Valle del Cauca | Julián Alberto Tocuma | – | Murder |
| 7 | | 06/02/2013 | | Arauca | Edilberto Rangel Zambrano | Member, UTP | Murder |
| 8 | | 30/05/2015 | | La Unión, Nariño | Libardo Rivera Rodríguez * | Member, UTP | Murder |
| 9 | | 24/10/2016 | | Granada,
Meta | Julio Maestre | Member, UTP | Murder |
| 10 | | – | | – | Manuel Alfonso | – | Murder |
| 11 | | 25/05/2017 | | Ibagué, Tolima | César Leguizamón | – | Murder |
| 12 | | 05/06/2012 | | Cali, Valle del Cauca (near
his place of work) | Horacio Madachi de Ávila | Human rights secretary, UTP (Villa Hermosa prison) | Murder |
| 13 | | 08/02/2013 | | Sincelejo,
Sucre | Néstor Manuel Hinestrosa Mendoza | Member, UTP | Murder |
| 14 | | 16/04/2013 | | Barranquilla, Atlántico (El Bosque penitentiary) | Daniel Mancera Bernal | Member, UTP | Murder |
| 15 | | 04/06/2013 | | San Vicente del
Caguán, Caquetá | Esneider Rubio Herrera | Member, UTP | Murder |
| 16 | | 04/06/2013 | | San Vicente del Caguán, Caquetá | Didier
Martínez Mejía | Member, UTP | Murder |
| 17 | | 04/06/2013 | | San Vicente del Caguán,
Caquetá | Diego Rodríguez González | Member, UTP | Murder |
| 18 | | 04/06/2015 | | San Vicente del Caguán, Caquetá | Dini Cisei
Paredes | Member, UTP | Murder |
| 19 | | 04/06/2015 | | San Vicente del Caguán,
Caquetá | Juan Garaviz Rincón | Officer,
UTP | Person seriously injured |
| 20 | | 18/06/2015 | | Espinal, Tolima | Wilson Javier Solórzano
Arenas | Member, UTP | Murder |
| 21 | | 15/10/2016 | | Cali, Valle del Cauca | Michel Steven Jiménez Velásquez | Member,
UTP | Murder |
| 22 | | 24/10/2016 | | Granada, Meta | Edgar Velásquez Vélez | Member, UTP | Murder |
| * El Buen Pastor women’s prison,
Bogotá. |
>
| No. | | Violent act: death and
physical threats | Name of threatened trade union
leader | Place of work |
| 1 | | Death threat | Horacio Bustamante Reyes | Manizales |
| 2 | | Death threat | María Elsa Páez García | R. M.,
Bogotá |
| 3 | | Death threat | Óscar Robayo Rodríguez | Modelo, Bogotá |
| 4 | | Death threat | Christian E. López Mora | Modelo, Bogotá |
| 5 | | Death threat | Adelina Vásquez | Jamundí |
| 6 | | Death threat | Alejandro Durán García | Coiba |
| 7 | | Death threat | Luis Alberto Pinzón
Zamora | Bello, Antioquia |
| 8 | | Death threat | Hugo
Ignacio Téllez Arcila | Picota |
| 9 | | Physical threat | Mauricio Ríos Moreno | Sogamoso |
| 10 | | Physical threat | María Ofelia Colorado Marín | Cartago |
| 11 | | Physical threat | Julio César García Salazar | Manizales |
| 12 | | Death threat | Roberto Carlos Correa
Aparicio | Cúcuta |
| 13 | | Death threat | Jonny Javier
Pabón Martínez | Puerto Tejada |
| 14 | | Death threat | Jhon
Alexander Bedoya Sánchez | Bucaramanga |
| 15 | | Death threat | Edgar Andrés Quiroz Jaimes | Buga |
| 16 | | Death threat | Wilmer Rodríguez Morales | Pamplona |
| 17 | | Death threat | Gerson Méndez | Cúcuta |
| 18 | | Death threat | Andrés Rolando Bolaños Virama | La Unión, Nariño |
| 19 | | Death threat | Carlos Fabián
Velazco Virama | La Unión, Nariño |
| 20 | | Death threat | Segundo Adriano Rosero Alvear | La Unión,
Nariño |
| 21 | | Death threat | Eleasid Durán Sánchez | Ocaña |
| 22 | | Death threat | Rafael Gómez Mejía | Montería |
| 23 | | Death threat | Helkin Duarte Cristancho | Girón |
| 24 | | Death threat | Cindy Yuliana Rodríguez Layos | COPED |
| 25 | | Death threat | Óscar Tulio Rodríguez
Mesa | COPED |
| 26 | | Death threat | Mauricio Olarte
Mahecha | Honda |
| 27 | | Death threat | Nubia Rocío
Álvarez Franco | Regional Central |
| 28 | | Death threat | Frankly Excenover Gómez Suárez | San
Andrés |
| 29 | | Death threat | Jhonny Javier Pabón Martínez | Puerto Tejada |
| 30 | | Death threat | Mauricio Paz Jojoa | Manizales |
| 31 | | Death threat | Aura María Pérez Laiseca | COPED |
| | | | |
>
- 178. In a communication received on 9 June 2017, the Government indicates
that at the end of 2016, the Public Prosecutor’s Office created an elite group to
expedite and monitor investigations, led by the Deputy Public Prosecutor’s Office, which
includes the National Directorate for Human Rights, the National Directorate for
District Prosecutors’ Offices, the Subdirectorate for Public Policies and the
Directorate for International Affairs. This working group aims to: (i) consolidate the
information from investigations being conducted by the Public Prosecutor’s Office in
relation to offences that threaten union activity; and (ii) develop and promote
strategies for furthering investigations. The Government adds that there are currently
20 prosecutors working on cases involving the murder of trade unionists, 21 judicial
assistants, 61 members of the judicial police (investigators) and 67 prosecutors trained
to investigate offences relating to the right of association.
- 179. The Government reports on the specific progress that has been made
in relation to Case No. 2761 up until April 2017. The Government indicates that: (i) of
the 83 cases of murder and attempted murder assigned to the Public Prosecutor’s Office,
79 cases are still open, while the investigations into the other four cases have been
concluded; (ii) of these 79 cases, 70 are at the preliminary inquiry stage; (iii) two
are under investigation; and (iv) seven are at the trial stage. The Government adds that
14 convictions have already been obtained in 11 cases and 19 persons have been
convicted. The Government also provides general data on the investigations into
violations of the right of association, indicating that: (i) the Public Prosecutor’s
Office has dealt with 71 per cent of the complaints filed during the period 2011–16
concerning violations of the rights of assembly and association; (ii) in the past four
years, 367 sentences have been handed down in cases involving the murder of trade
unionists; and (iii) out of a total of 1,604 cases of attacks on trade unionists that
have been investigated, 748 sentences have been handed down, 616 persons convicted and
173 arrest warrants issued.
- 180. The Government states that it continues to protect trade union
leaders and members of the trade union movement and indicates that: (i) between 2014 and
2016, 60 collective protection schemes were in place, protecting more than 200 trade
unionists belonging to various national, departmental and local executive committees;
(ii) 475 trade union leaders were protected in 2016; and (iii) the budget of the
National Protection Unit (UNP) for the protection of trade unionists was 61,142,417,084
Colombian pesos (COP) for 2014, COP55,608,070,428 for 2015 and COP49,723,293,505 for
2016, and a total of COP53,383,078,005 is expected to be allocated for 2017.
- 181. The Government emphasizes in its communication the historical nature
of the peace agreements signed in 2016 with the FARC-EP. The Government specifically
states that the implementation of the peace agreements will entail the creation of: (i)
a special peace court; (ii) transitional justice mechanisms; (iii) a truth commission;
and (iv) a national commission responsible for guaranteeing human rights and eradicating
human rights abuses. The Government adds that this national commission is developing
important policies that will help to restore the dignity of the victims of the conflict,
with 24,200 victims having already had access to the comprehensive job creation and
rural and urban self-employment programmes.
- 182. The Government sent additional observations in a communication dated
24 October 2017 the content of which will be considered by the Committee at its next
examination of the case.
D. The Committee’s conclusions
D. The Committee’s conclusions- 183. The Committee recalls that Cases Nos 2761 and 3074 concern
allegations of numerous murders of leaders and members of the trade union movement and
other acts of anti-union violence.
- 184. The Committee notes, first, the new information provided by the
Government on the efforts made by the public authorities to investigate acts of
anti-union violence and to punish the guilty parties. In this respect, the Committee
notes in particular that: (i) at the end of 2016, the Public Prosecutor’s Office created
an elite group to expedite and monitor investigations, led by the Deputy Public
Prosecutor’s Office and comprised of various administrative entities; (ii) this elite
group aims to consolidate the information from investigations relating to offences that
threaten union activity and to develop and promote strategies for furthering
investigations; and (iii) there are currently 20 prosecutors working on cases involving
the murder of trade unionists, 21 judicial assistants, 61 members of the judicial police
(investigators) and 67 prosecutors trained to investigate offences relating to the right
of association.
- 185. The Committee notes, second, the information provided by the
Government on the progress made in solving and punishing the 83 cases of murder and
attempted murder assigned to the Public Prosecutor’s Office, indicating that: (i) 79
cases are still open, while the investigations into the other four cases have been
concluded; (ii) of these 79 cases, 70 are at the preliminary inquiry stage; (iii) two
cases are under investigation; and (iv) seven cases are at the trial stage. The
Committee notes the Government’s further indication that in relation to these 83 cases,
14 convictions have already been obtained in 11 cases and 19 persons convicted. The
Committee also takes note of the information provided by the Government on the progress
made in investigating and punishing all the acts of anti-union violence committed in the
country, indicating that: (i) out of a total of 1,604 cases of attacks on trade
unionists that have been investigated, 748 sentences have been handed down, 616 persons
convicted and 173 arrest warrants issued; and (ii) in the past four years, 367 sentences
have been handed down in cases involving the murder of trade unionists.
- 186. The Committee takes due note of the ongoing efforts and the various
initiatives of the public authorities to improve efficacy in the investigation of acts
of violence perpetrated against trade union leaders and trade unionists. The Committee
also notes that, with regard to the acts of violence reported in the present case, the
number of convictions has increased from 12 to 14 since the last examination of this
case in October 2016. However, the Committee notes once again with concern that, though
several years have passed since the acts referred to in this case were committed, the
vast majority of cases of murder and other acts of violence remain unpunished. In this
respect, the Committee is bound to recall that the absence of judgments 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, and emphasizes the need, in a case in which judicial inquiries
connected with the death of trade unionists seem to be taking a long time to conclude,
of proceedings being brought to a speedy conclusion [see Digest of decisions and
principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras
52–53]. Under these conditions, taking into account the substantial initiatives already
adopted in this regard by the public authorities, the Committee once again urges the
Government to continue taking all the measures necessary to ensure that all of the acts
of anti-union violence reported in this case are investigated and that the perpetrators
and instigators are convicted. In this context, the Committee also requests the
Government to provide up-to-date information on the development of the investigations
and the judicial status of every act of violence examined in this case. Likewise, the
Committee once again requests the Government to provide further information on the
murders and other anti-union offences that were apparently not denounced under the
present case and that have led to recent convictions.
- 187. Recalling its request for an inter-institutional evaluation to be
conducted of the investigation strategies used by the public authorities in cases of
violence against trade union leaders and members, the Committee notes with interest the
creation of an elite group to expedite and monitor investigations, comprised of various
administrative entities, and requests the Government to keep it informed of the results
achieved. The Committee nevertheless notes that it still does not have information on
the inclusion of social partners in investigative processes in general and, in
particular, on the actual operation of the Inter-institutional Commission for the
Promotion and Protection of Workers’ Human Rights, in which the country’s main trade
union federations are represented. The Committee requests the Government to provide, as
soon as possible, information in this regard.
- 188. In its previous examination of Case No. 3074, the Committee noted
with regret the lack of observations from the Government on the allegations of the Union
of Energy Workers of Colombia (SINTRAELECOL) relating to the serious physical injuries
sustained by trade union leader, Oscar Arturo Orozco, as a result of the violent
repression of a demonstration by the police and to the alleged death threats against
trade union leader, Mr Oscar Lema, who was not afforded the protection requested. The
Committee notes that the Government sent additional observations in a communication
dated 24 October 2017 the content of which will be considered by the Committee at its
next examination of the case. In the meantime, the Committee trusts that the Government
will ensure that the situation of Mr Oscar Lema has been duly assessed in order to
provide him with any protective measures that he might require.
- 189. With respect to the allegations of the Cali Municipal Enterprises
Union (SINTRAEMCALI) that the headquarters of the organization and the vehicle of one of
its leaders were set on fire in April 2014, the Committee notes the additional
observations sent by the Government the content of which will be considered by the
Committee at its next examination of the case. In the meantime, the Committee requests
the Government to continue to keep it informed of the findings of the investigations
conducted by the Public Prosecutor’s Office.
- 190. The Committee notes with great concern that, in the prison sector,
the CGT and UTP allege: (i) the murder of 21 UTP members, including three union leaders,
between 5 June 2012 and 24 October 2016; (ii) the attempted murder of a trade union
leader on 18 June 2015; and (iii) the existence of death threats against 31 UTP leaders
resulting in the filing of the relevant criminal complaints. The Committee also notes
that the complainant organizations allege that, while the investigations connected with
four murder cases and one case of attempted murder point to the involvement of the
FARC-EP, there is no official information on the status of the investigations into 12 of
the reported murders. The Committee deeply deplores the alleged acts of violence and
threats and recalls that trade union rights can be exercised only in a climate that is
free from violence, pressure or threats of any kind against trade unionists, and that it
is for governments to ensure that this principle is respected [see Digest, op. cit.,
para. 44]. The Committee requests the Government to send as soon as possible its
observations on these new allegations of violence and to inform it of the progress made
in the investigations under way. The Committee also requests the Government to ensure
that the situation of the 31 trade union leaders who are allegedly victims of death
threats has been duly assessed in order to provide them with any protective measures
that they might require. The Committee requests the Government to keep it informed in
this regard.
- 191. The Committee notes the negotiation and signing of the peace
agreements between the Government and the FARC-EP and notes with interest that the
implementation of these agreements will entail the creation of various bodies to
investigate and punish the acts of violence that have not yet been addressed and to
prevent further human rights abuses. The Committee requests the Government, in the
context of both Cases Nos 2761 and 1787, also relating to numerous cases of anti-union
violence, to keep it informed of the examination by these bodies of cases of anti-union
violence. Noting that, according to the complainant organizations, several of the
murders of members of the prison trade union movement mentioned in the preceding
paragraph have involved the FARC-EP, the Committee requests the Government to inform it
of any examination of these cases by the bodies created as part of the peace
process.
- 192. The Committee notes the Government’s indication that it continues
protecting the trade union leaders and members of the trade union movement and that: (i)
between 2014 and 2016, more than 60 collective protection schemes were in place,
protecting more than 200 trade unionists belonging to various national, departmental and
local executive committees; (ii) 475 trade union leaders were protected in 2016; and
(iii) the budget of the UNP for the protection of trade unionists was COP61,142,417,084
for 2014, COP55,608,070,428 for 2015 and COP49,723,293,505 for 2016, and a total of
COP53,383,078,005 is expected to be allocated for 2017. The Committee invites the
Government to continue the efforts described and to keep it informed in this
regard.
The Committee’s recommendations
The Committee’s recommendations- 193. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee urges the Government to continue taking all the necessary measures to
ensure that all of the acts of anti-union violence reported in this case are
investigated and that the perpetrators and instigators are convicted.
- (b)
The Committee requests the Government to provide up-to-date information on the
development of the investigations and the judicial status of every act of violence
examined in this case.
- (c) The Committee once again requests the Government
to provide further information on the types of anti-union offences that were
apparently not denounced in this case and that have led to recent
convictions.
- (d) The Committee requests the Government to keep it informed
of the results achieved by the elite group to expedite and monitor
investigations.
- (e) The Committee requests the Government to provide as soon
as possible information on the consultation of social partners during investigations
into acts of anti-union violence in general and, in particular, on the operation of
the Inter-Institutional Commission for the Promotion and Protection of Workers’
Human Rights.
- (f) Pending the next examination of the case, the Committee
trusts that the Government will ensure that the situation of Mr Oscar Lema has been
duly assessed in order to provide him with any protective measures that he might
require.
- (g) The Committee requests the Government to continue to keep it
informed of the findings of the investigations conducted by the Public Prosecutor’s
Office in relation to the attacks on the headquarters of SINTRAEMCALI and on the
vehicle of one of its leaders.
- (h) The Committee requests the Government to
send as soon as possible its observations on the new allegations of murder and other
acts of anti-union violence in the prison sector and to inform it of the progress
made in the investigations under way.
- (i) The Committee requests the
Government to ensure that the situation of the 31 trade union leaders in the prison
sector, who are allegedly victims of death threats, has been duly assessed in order
to provide them with any protective measures that they might require. The Committee
requests the Government to keep it informed in this regard.
- (j) The
Committee requests the Government to keep it informed of any examination of cases of
anti-union violence by the bodies created as part of the peace process. The
Committee requests the Government to inform it of any examination by these bodies of
the aforementioned acts of anti-union violence in the prison sector.
- (k) The
Committee invites the Government to maintain its efforts to ensure the safety of
trade union leaders and trade unionists in the country and to continue to keep it
informed in this regard.
- (l) The Committee draws the particular attention of
the Governing Body to the extreme seriousness and urgency of this
case.
