Interim Report - Report No 389, June 2019

Case No 3074 (Colombia) - Complaint date: 30-MAY-14 - Active

Allegations: The complainant organizations allege acts of violence (murders, attempted murders and death threats) against trade union leaders and members

1. 262. The Committee has examined the substance of Case No. 2761 on four occasions [see 363rd, 367th, 380th and 383rd Reports], most recently at its meeting of October 2017, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 383rd Report, paras 171–193, approved by the Governing Body at its 331st session].
2. 263. The Government sent its observations in communications dated 24, 25 and 30 October 2017, 25 May 2018, and 12 February, 7 March and 8 May 2019.
3. 264. 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 cases

1. 265. At its meeting on October 2017, the Committee formulated the following interim recommendations concerning the allegations presented by the complainant organizations [see 383rd Report, para. 193]:
   • (a) The Committee urges the Government to continue taking all the necessary measures to ensure that all 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 may 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.

B. The Government’s response

General information regarding acts of anti-union violence and the State’s response

1. 266. In its communications of 24, 25 and 30 October 2017, the Government refers to the Inter Institutional Commission for the Promotion and Protection of Workers’ Human Rights, on which the country’s main trade union confederations are represented. The Government states that, in July and August 2017, meetings with national and regional authorities were held in Bogota and Cali, led by the Minister of Labour, the Director of the National Protection Unit (UNP) and the Deputy Minister of the Interior, and with the trade union bodies affected by the violence. At those meetings the violent situations were analysed and certain investigatory and protective measures adopted. A progress report was given on the latest developments in the investigations being carried out in the departments of Valle and Cauca in connection with the acts of violence. The Government states in addition that, in order to put in place a speedier procedure for investigating, among other offences, violations of the rights of assembly and association, it promulgated Act No. 1826 of 12 January 2017, which establishes a special summary criminal procedure and regulates the status of private complainant.
2. 267. Concerning the protective measures implemented by the Colombian State against anti-union violence, the information provided by the Government in its communications of October 2017 restates the data considered by the Committee at its last examination of the case [see 383rd Report, para. 192]. The Government also states that a 51 per cent reduction in murders of trade unionists occurred between 2010 and 2016 and that, although the number of murders per year has fallen from 37 to 18, the total is still high, and the State is continuing its efforts to bring it down to zero.
3. 268. In a communication of 12 February 2019, the Government sends information from the Public Prosecutor’s Office updating that it provided in October 2017 on anti-union violence in the country and on the results of the corresponding investigations and criminal proceedings. The Public Prosecutor’s Office states, first, that in 2018 it received 29 complaints alleging murders of trade unionists and has made significant progress in ten cases (involving sentence, at the trial stage, under investigation or at the inquiry stage under an arrest warrant) and linked them to 19 persons, of whom 14 have since been deprived of their freedom. For the period from 2011 to 2017, the Public Prosecutor’s Office states that 175 complaints alleging murders of trade unionists were lodged and significant progress was made in 71 cases linked to 148 persons, of whom 131 have been deprived of their freedom. With regard to those cases, the Public Prosecutor’s Office emphasizes that: (i) 44 convictions were obtained in relation to 34 cases linked to 53 persons, all of whom have been deprived of their freedom; and (ii) a further 22 cases are at the trial stage, linked to 71 persons of whom 66 have been deprived of their freedom. The Government adds that, over the period from 2011 to 2017, regardless when the offences were committed, 422 sentences were handed down for crimes of murder, kidnapping, extortion, displacement, attempted murder and conspiracy. The Public Prosecutor’s Office adds that 767 sentences have been handed down since 2000 and that, since August 2016, when the elite group to expedite and monitor investigations was formed (led by the Deputy Public Prosecutor’s Office and composed of several administrative bodies, and tasked with consolidating information relating to anti-union offences and developing and promoting investigation strategies), 44 convictions have been obtained for murders of trade unionists (21 for acts committed between 2011 and 2017 and 23 for acts prior to 2011). Lastly, the Public Prosecutor’s Office provides data on 83 cases of murder and attempted murder reported between 2010 and 2012 in the current case (and involving 105 victims according to the Government), indicating that: (i) 71 cases remain open and the investigations into the remaining 12 have been concluded; (ii) 24 convictions have been obtained in 16 cases and 30 persons have been convicted; (iii) 14 judicial hearings have been held for 14 persons with an arrest warrant in force; and (iv) regarding the 71 active cases, 56 are at the preliminary inquiry stage, eight are under investigation and seven are at the trial stage. Regarding those results, the Public Prosecutor’s Office reports that to date, owing to reorganization of the Office, the majority of cases involving victims who are trade union members are mainly being conducted by 24 public prosecutor branches across the country. While the majority of such investigations are concentrated at those branches, it should be made clear that no branch is currently working exclusively on them.
4. 269. In the same communication of February 2019, the Government reports on the adoption of Decrees Nos 2078 and 2137 of 2018, which change the mechanisms for protecting union leaders and human rights defenders and also seek to ensure collective security for organizations under threat from armed groups. The Government mentions in particular the adoption of Decree No. 2137 of November 2018 establishing the “Commission to develop the Timely Action Plan (PAO) on Individual and Collective Prevention and Protection regarding the Rights to Life and Freedom, and the Integrity and Security, of Human Rights Defenders, Social and Community Leaders and Journalists”. The Government indicates that the Commission, comprising the Office of the President, the Ministries of the Interior, Defence and Justice, the Commander of the Armed Forces, the Directors of the Police and the UNP, the High Commissioner for Peace, the Public Prosecutor’s Office and the Attorney General’s Office, will be responsible for coordinating all actions of State aimed at preventing and responding to incidents of violence against human rights defenders in the country. The Government also states that the National Police have adopted transitional operational directive No. 010 of 2018, which prescribes special measures for persons, groups or communities under high or extreme risk.
5. 270. The Government provides additional evidence relating to the application of article 200 of the Penal Code, which provides for criminal penalties against employers which violate workers’ rights to freedom of association and collective bargaining. The Government states that since 2015 the Public Prosecutor’s Office has worked with the Ministry of Labour and the ILO to prioritize cases which are more likely to pass rapidly through the judicial system and that, more recently, the Ministry of Labour and the new Public Prosecutor have established a work plan to tackle cases involving violation of the right of association and misuse of collective agreements. The Government indicates that, out of 1,840 complaints made between 2011 and the end of 2016 in connection with this offence: (i) 79 per cent of the criminal proceedings in these cases have concluded and the remaining 21 per cent are still active; (ii) 55 per cent cases concluded with the declaration that the conduct did not constitute a crime; and (iii) in 25 per cent of the cases either the plaintiffs voluntarily withdrew the complaints they had lodged or conciliation took place (83 cases).
6. 271. In a communication dated 7 March 2019, the Government sent additional evidence in the form of a table provided by the ILO Subunit in the Human Rights Unit of the Public Prosecutor’s Office. The table contains details for each of 83 cases of anti-union violence (79 cases of murder relating to 92 victims and four attempted murders relating to four victims) reported in the present case and regarding which the Government had previously supplied general statistics on the progress of the investigations and criminal proceedings (the information mentioned at the end of paragraph 7 of this report).
7. 272. In a communication dated 8 May 2019, the Government updates the information provided in its earlier communications. Concerning action taken to ensure protection for trade union members at risk, the Government refers, first, to the strategy proposed for protecting the life and integrity of community leaders and human rights defenders. After recalling the adoption of Decrees Nos 2078 and 2137 of 2018, the Government notes in that regard that: (i) the Ministry of Defence strengthened its presence in territories where killings of union leaders, community leaders and union members have occurred; (ii) the High Command of the Armed Forces has created and launched the National Rapid Response System for Advancing Stabilization (SIRIE), with the aim of analysing the factors that destabilize regional security, including acts against union leaders, community leaders and human rights defenders, and taking timely and appropriate action; (iii) the national police have set up an elite corps which uses a multidimensional approach to break up the criminal organizations that attack human rights defenders, trade unionists and politicians; and (iv) the police have produced Standing Operational Directive No. 013 DIPON INSGE, “Law Enforcement Parameters under the ESPOV Strategy”, which establishes law enforcement guidelines and parameters aligned with the recent regulatory reforms concerning prevention and protection for individuals, groups and communities, in particular leaders and defenders. Concerning the risk studies conducted for trade unionists, the Government points out that: (i) since the start of operation of the protection programme under the UNP, a total of 4,131 risk studies have been conducted for trade union leaders and activists for the years 2012–19; (ii) 399 risk assessments were conducted in 2018, with 232 cases found to be high-risk and 163 normal risk; (iii) to date in 2019 there have been 119 assessments, with 66 cases found to be high-risk and 53 normal risk; and (iv) the UNP currently protects 377 union leaders or activists, of whom 265 benefit from strict protection measures.
8. 273. Concerning the efforts to tackle impunity, the Government states in its latest communication that the President of the Republic has announced the creation of a special corps of judges tasked with the speedy judicialization and exemplary sentencing of the killers of community leaders. The Government adds that in its strategic plan for 2016–20, the Public Prosecutor’s Office has included the investigation of offences against trade unionists. The Government also recalls that August 2016 saw the launch of the elite group to expedite and monitor investigations into offences against trade unionists, led directly by the Deputy Public Prosecutor’s Office. The Government states that the creation of this group has made it possible to achieve internal coordination, define the cases in their entirety, and identify obstacles to investigation and the actions needed to overcome them. The Government refers, finally, to the meetings held on 29 March 2018 and 29 March 2019 by the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights, attended by the Government (Ministries of Labour, Interior, Defence and Justice), the High Counsellor for Human Rights, the Ombudsman’s Office, trade union confederations, entrepreneurs, human rights NGOs, the UNP and the Public Prosecutor’s Office. Each State body presented the strategies it is using to protect human rights and tackle impunity.
9. 274. The Government then updates the results of the investigations into murders of trade unionists. With regard to those that occurred between 2011 and 2018, the Government states that the Public Prosecutor’s Office reports 193 murders and that, in those cases: (i) the clear-up rate is 42 per cent (taking into account cases where a suspect has been identified and an arrest warrant issued pending sentence); (ii) 144 persons have been deprived of their freedom; (iii) 45 sentences have been passed in 35 cases; (iv) 26 cases are at the trial stage; (v) in seven cases charges have been laid, in another seven arrest warrants have been issued; and (vi) two cases have been terminated. With regard to the 18 cases of murder reported in 2018, the Government adds that the clear-up rate rose to 50 per cent. The Government also states that, from 2001 to 2019, a total of 719 convictions were handed down for murders of trade unionists. From 2001 to 2010, 343 sentences were recorded (49.2 per cent), from 2011 to 2017 the number was 349 (49.8 per cent), in 2018 there were 21, and to date in 2019 there have been six. The Government appends a table to its communication showing the state of progress in each of the investigations into 114 murder cases and 58 acts of anti-union violence (enforced disappearance, attempted murder, injuries, threats).
10. 275. The Government then provides updated information relating to the application of article 200 of the Penal Code (which prescribes criminal sanctions for employers that violate workers’ rights to freedom of association and collective bargaining). The Government indicates that, out of 2,372 registered complaints, 2,069 cases have been concluded and the remaining 303 are still active. From those 2,069 concluded cases: (i) 19 per cent resulted in withdrawal by agreement with the employer; (ii) 55 per cent were shelved; (iii) 6 per cent resulted in conciliation; and (iv) in the remaining 20 per cent the criminal proceedings were halted, mainly on grounds of preclusion. The Government states that five initiatives taken by the Public Prosecutor’s Office have made these results possible: (i) the appointment of new public prosecutors in the seven regions with the greatest concentration of cases; (ii) the adoption of the Act on summary procedure and the private complainant, which ensures that, in the exceptional case of article 200, an investigation can now be shorter and the complaint can be brought by the victim, through his or her lawyer, who acts as prosecutor; (iii) the conciliation work done in 142 cases by 18 public prosecutors; (iv) the coordination achieved among labour inspectors and public prosecutors; and (v) the special training on “rights of assembly and association” provided for the 18 public prosecutors by the Ministry of Labour and the ILO.

Allegations of anti-union violence made by SINTRAELECOL and SINTRAEMCALI

1. 276. Concerning the allegations of SINTRAELECOL relating to the serious physical injuries sustained by the trade union leader, Mr Oscar Arturo Orozco, as the result of the violent suppression of a demonstration by the police in 2014, and to the alleged death threats against the trade union leader Mr Oscar Lema Vega, who was not afforded the protection requested, the Government states, in its communications of October 2017, that: (i) Public Prosecutor Branch No. 120 for Human Rights, based in Medellín, is in charge of investigating the matters raised by Mr Orozco, a process which is currently at the oral hearing stage; (ii) Mr Oscar Lema Vega receives protection from the UNP which is being reassessed in the light of recent events; and (iii) two of the three complaints of death threats made by Mr Oscar Lema Vega are inactive, while one is at the preliminary inquiry stage.
2. 277. Concerning the attacks on the headquarters of SINTRAEMCALI and the vehicle of one of its leaders (Case No. 3074), the Government states that: (i) six of the organization’s leaders are covered by a collective protection scheme implemented by the UNP, their risk status having been assessed as high; and (ii) the investigations into the attack on the headquarters of SINTRAEMCALI and the arson against the vehicle belonging to Mr Reyes have been closed by the Public Prosecutor’s Office because it was impossible to establish the active participants and there is no expectation that this can be achieved.

Murders and death threats in the prison sector

1. 278. In its communications of May 2018 and February 2019, the Government provides information on the alleged murders, attempted murders and death threats against leaders and members of the Single Trade Union Association of Public Employees of the Colombian Prison System (UTP). Concerning the 21 alleged murders of UTP members, the Government submits the response of the National Penitentiary and Prison Institute (INPEC), which provides information on 19 of the murders: according to data supplied by the company responsible for occupational hazard insurance at INPEC, 11 of the murders were work-related and the remaining eight were of common origin. INPEC adds that this appraisal gives no reason to suppose any causal link to the victims’ trade union activism. With regard to possible motives for the murders, the Government states that: (i) the Public Prosecutor’s Office is responsible for investigating these events; and (ii) the complainant organization does not supply any evidence that the murders were a consequence of the reporting of supposed acts of corruption inside prison establishments, a matter which in any case has no relevance to the conventions on freedom of association and collective bargaining.
2. 279. Concerning the death threats against 31 UTP leaders, the Government transmits the responses of the UNP, as the institution charged with providing suitable protection for persons subjected to threats, and of INPEC. The Government states that INPEC has developed mechanisms and procedures enabling it to ensure a proper response to threats made against its officials. These mechanisms, which must be triggered by a complaint lodged by the official who has received the threat, rely on action taken by the Penitentiary and Prison Security Group (GOSEG) which, in coordination with the UNP, evaluates and provides the necessary protection measures. On the basis of the information supplied by INPEC and the UNP, the Government provides specific details of the 31 leaders and members cited by the UTP in this case: (i) eight workers currently enjoy protection from the UNP, four of those measures having been requested by INPEC; (ii) in one case, INPEC has already taken appropriate protection measures; (iii) four risk-assessment orders initiated by the UNP have lapsed owing to the withdrawal of the person being assessed; (iv) one person, having been informed of the required self-protection procedure, failed to deliver the documents needed to begin the risk-assessment procedure with the UNP; (v) another person decided not to begin the risk-assessment process with the UNP as he was unwilling to provide the names and details of the persons implicated by the threats; (vi) three risk-assessment orders initiated by the UNP have now lapsed owing to the absence of any causal link between the threatening acts and the union work of the INPEC official; (vii) in five cases (Messrs Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa), INPEC states that the files were sent to the UNP, which can find no information on those persons in its databases; and (viii) in eight cases neither the UNP nor INPEC is able to provide any information on the person concerned (Messrs Julio César García Salazar, Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa and Mauricio Olarte Mahecha).

C. The Committee’s conclusions

1. 280. The Committee recalls that Cases Nos 2761 and 3074 concern allegations of numerous murders of trade union leaders and members and other acts of anti-union violence.

General information regarding acts of anti-union violence and the State’s response

1. 281. The Committee notes, first, the general information submitted by the Government in various communications, concerning the institutional initiatives taken to clear up acts of anti-union violence and punish the perpetrators. The Committee takes particular note that, after recalling the launch in 2016 of the elite group to expedite and monitor investigations into offences committed against trade unionists, headed directly by the Deputy Public Prosecutor’s Office, the Government refers to: (i) the announcement by the President of the Republic of the creation of a special corps of judges tasked with the speedy judicialization and exemplary sentencing of the killers of community leaders; (ii) the four meetings held in July 2017 (two), March 2018 (one) and March 2019 (one) by the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights, on which the country’s main trade union confederations are represented, during which the State bodies presented the strategies they are using to protect human rights and tackle impunity; and (iii) the promulgation of Act No. 1826 of 12 January 2017, which establishes a special summary criminal procedure and is intended to put in place speedier arrangements for investigating offences including violations of the rights of assembly and association, under article 200 of the Penal Code. The Committee notes in addition the information provided by the Government concerning the institutional initiatives taken to apply article 200 of the Penal Code, which prescribes criminal penalties for acts against the freedom of association and collective bargaining in general. The Committee takes due note of the adoption of Act No. 1826 and, observing that article 200 of the Penal Code also addresses violations of the rights of association and assembly which endanger the employee’s personal integrity, as well as threats of death and injury, requests the Government to inform it of the impact exerted by the special summary criminal procedure on the investigations into acts of anti-union violence.
2. 282. The Committee notes further the information provided by the Government in its various communications concerning the progress made in clearing up and punishing acts of anti-union violence committed in the country. With regard to 83 cases of anti-union violence (79 cases of murder involving 92 victims and four cases of attempted murder involving four victims) reported between 2010 and 2012 in the current case, the Committee notes that: (i) 71 cases are still open and investigations have been concluded in the remaining twelve; (ii) 24 convictions have been obtained in 16 cases and 30 persons have been convicted; and (iii) out of the 71 active cases, 56 are at the preliminary inquiry stage, eight at the investigation stage and seven at the trial stage.
3. 283. Concerning the results of the investigations into all acts of anti-union violence committed in the country, the Committee notes that, from 2001 to 2019, a total of 719 sentences were handed down for crimes of murder against trade unionists. The Committee also notes that, between 2011 and 2018, the Public Prosecutor’s Office reported 193 murders of trade union members, in respect of which: (i) “the clear-up rate” is 42 per cent (taking into account cases where a suspect has been identified and an arrest warrant issued pending sentence); (ii) 144 persons have been deprived of their freedom; (iii) 45 sentences have been passed in 35 cases; (iv) 26 cases are at the trial stage; (v) in seven cases charges have been laid, in another seven arrest warrants have been issued; and (vi) two cases have been terminated. Regarding the investigations to clear up and punish acts of anti-union violence, in particular murders of trade unionists, the Committee notes finally the Government’s statement that to date, owing to the reorganization of the Public Prosecutor’s Office, cases involving victims who were trade union members are being conducted mainly by 24 public prosecutor branches across the country, none of which is currently working exclusively on these investigations.
4. 284. The Committee takes due note of the significant number of sentences handed down for murders of trade unionists and the improvement in the “clear-up rate” for murders committed between 2011 and 2018, as reported by the Government. The Committee notes in particular that, with regard to the 83 cases of murder and attempted murder reported in the current case between 2010 and 2012 on which the Government provided detailed information in March 2019, ten additional convictions were handed down between February 2017 and December 2018 in connection with five of the cases. At the same time, the Committee reiterates its concern that the great majority of the many cases of murder and other anti-union acts of violence that have taken place in the country in general, and of those reported in this case in particular, remain unpunished. In this regard, concerning the cases of physical or verbal abuse against managers, employers or workers and their organizations, the Committee emphasizes that the absence of judgments against the guilty parties creates, in practice, a situation of impunity which compounds the climate of violence and insecurity. This is extremely damaging to the exercise of union activities 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, for proceedings to be brought to a speedy conclusion [see Compilation of decisions and principles of the Freedom of Association Committee, sixth edition, 2018, paras 108 and 109].
5. 285. In light of the extent and persistence of the challenges facing the country as regards anti-union violence and impunity, the Committee, while taking due note of and appreciating the significant steps taken by the public authorities in this connection and the evolution of the results obtained, urges the Government to continue strengthening its efforts to ensure that all acts of anti-union violence, murders and other acts reported across the country are cleared up and both the perpetrators and instigators convicted. Taking note of the four meetings conducted by the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights since 2016, the Committee requests the Government to continue providing information concerning, in general, the consultation of the social partners in the framework of investigation procedures relating to acts of anti-union violence and in particular relating to the functioning of the Inter-Institutional Commission.
6. 286. The Committee takes due note of the information sent by the Government on each of 114 murder cases and 58 other acts of anti-union violence, and requests the Government to continue providing such information. Furthermore, the Committee once again requests the Government, as in its previous examination of this case, to inform it of any examination of cases of anti-union violence by the bodies created as part of the peace process.
7. 287. With regard to the measures taken by the public authorities to prevent acts of anti-union violence and protect trade union members at risk, the Committee takes due note of the Government’s statement concerning the strategy conducted to protect the life and integrity of community leaders and human rights defenders. The Committee notes especially in this regard the adoption of Decrees Nos 2078 and 2137, and the creation, in November 2018, of the Intersectoral Commission to develop the Timely Action Plan (PAO) on Individual and Collective Prevention and Protection regarding the Rights to Life and Freedom, and the Integrity and Security, of Human Rights Defenders, Social and Community Leaders and Journalists. The Committee also notes the latest detailed information on the protection measures actually provided for trade union members. Finally, the Committee notes the information provided by the Government on the number of murders of trade union members that occurred in 2018 (29 reported cases, 18 cases recorded by the Public Prosecutor’s Office). While taking due note that these figures are lower than those recorded for previous periods, the Committee expresses its deep concern at the persistence with which new murders of trade unionists are being reported by the Government and at their very high numbers. The Committee recalls in this regard that freedom of association can only be exercised in a situation in which fundamental human rights are fully respected and guaranteed, in particular those relating to human life and personal safety [see Compilation, op. cit., para. 82].
8. 288. In these circumstances, while taking due note of the significant steps it has taken, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to all union officials and members at risk with a view to ending anti-union violence. The Committee particularly requests the Government: (i) in the framework of the PAO, to give its full attention to the protection of union members, ensuring effective participation in the mechanism by the trade union bodies and the Ministry of Labour; and (ii) in the framework of the PAO and the appropriate tripartite forums, to identify, in close collaboration with the social partners, the main causes of the anti-union violence so that policies to prevent anti-union violence can achieve greater impact. The Committee requests the Government to keep it informed in this regard.

Allegations of violence presented by SINTRAELECOL and SINTRAEMCALI

1. 289. Concerning the allegations by SINTRAELECOL relating to serious physical injuries sustained by the trade union leader, Mr Oscar Arturo Orozco, as a result of the violent suppression of a demonstration by the police and to the death threats against the trade union leader Mr Oscar Lema Vega, who was not afforded the protection requested, the Committee notes the Government’s statement that: (i)Public Prosecutor Branch No. 120 for Human Rights, based in Medellín, is responsible for the investigation into the events reported by Mr Orozco, which is now at the oral hearing stage; (ii) Mr Oscar Lema Vega receives protection from the UNP; and (iii) two of the three complaints of death threats made by Mr Oscar Lema Vega are inactive, while one is at the preliminary inquiry stage.
2. 290. With regard to the allegations by SINTRAEMCALI (Case No. 3074) that the organization’s headquarters and the vehicle of one of its leaders were set on fire in April 2014, the Committee notes the Government’s statement that: (i) six officials of SINTRAEMCALI whose level of risk has been assessed as high are covered by a UNP collective protection scheme; and (ii) the investigations into the attack on the SINTREMCALI headquarters and the arson against the vehicle belonging to Mr Reyes have been closed by the Public Prosecutor’s Office because it was impossible to identify any active participants.
3. 291. While noting this information, the Committee regrets to observe that, five years after the events, the investigations and judicial processes launched into the various acts of anti-union violence and threats reported by SINTRAELECOL and by SINTRAEMCALI have either been closed owing to the impossibility of identifying any active subject or have not yet concluded. The Committee expresses its strong hope that the investigations and processes still under way will lead to speedy determination of the facts and to the conviction of the perpetrators and instigators. The Committee requests the Government to keep it informed in this regard.

Allegations of anti-union violence in the prison sector

1. 292. Concerning the reported killings of 21 UTP members, three of them union leaders, between 5 June 2012 and 24 October 2016 and the attempted murder of another UTP leader on 4 June 2015, the Committee notes that the Government has sent information from INPEC in relation to 19 murders and one attempted murder which shows that, according to the body which deals with occupational hazard at INPEC, 11 of those murders and the attempted murder were work-related while the remaining eight were of common origin. INPEC adds that this appraisal gives no reason to suppose any causal link to the victims’ trade union activism. As to the motives for the murders and the allegation by the complainant organization that they were the consequence of the reporting of supposed acts of corruption inside prison establishments, the Committee notes the Government’s statement that: (i) the Public Prosecutor’s Office is responsible for investigating the facts; (ii) the complainant organization supplies no evidence for its allegations; and (iii) in any event, the ILO Conventions on freedom of association and collective bargaining are unrelated to the complaint.
2. 293. While noting this information, the Committee, observes with concern that, although these murders and attempted murder occurred several years ago, the Government provides no concrete information on the progress of the investigations in the charge of the Public Prosecutor’s Office, and thus it would appear that, to date, none of the 22 reported acts of violence (21 murders and one attempted murder) has resulted in a conviction. The Committee notes that the allegations in this case reinforce the fact that the protection of trade union leaders and members against acts of anti-union violence taken in retaliation for reporting acts of corruption in the workplace in the legitimate exercise of the defence of the workers’ professional interests is a critical element of the principle of freedom of association.
3. 294. Based on the foregoing, and recalling once more that the absence of judgments against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights [see Compilation, op. cit., para. 108], the Committee urges the Government to take all necessary steps to ensure that the Public Prosecutor’s Office performs the necessary investigations as soon as possible to ensure that all the murders and the attempted murder of UTP leaders and members reported in the present case are cleared up and the perpetrators and instigators convicted. In this context, the Committee urges in particular that the planning and implementation of investigations should: (i) give full and systematic consideration to possible links between the murders and the victims’ trade union activities, including any possible complaints of acts of corruption they may have lodged; (ii) examine possible links between separately reported murders; and (iii) establish the necessary contacts with the trade union to gather all available information. The Committee requests the Government to keep it informed in this regard. Finally, noting that the Government’s reply contains no information on the alleged murder of Mr Diego Rodríguez González on 4 June 2013 and that the UTP has provided no details of the alleged murder of Mr Manuel Alfonso, the Committee requests the Government and the UTP to supply this information.
4. 295. Concerning the alleged death threats against 31 UTP leaders, the Committee notes the Government’s statement that INPEC officials who are subjected to threats, once they have reported these to the competent authorities, can be afforded effective protection both from within INPEC (GOSEG) and from the UNP. Regarding the specific allegations in this case, the Government states that INPEC and the National Protection Unit (UNP) have taken a series of steps to assess needs and provide protection for a number of UTP leaders, emphasizing that in many cases the two organizations have acted in tandem. The Committee notes that, on the basis of information provided by the UNP and INPEC, the Government indicates that: (i) eight of the 31 UTP leaders mentioned in the complaint are currently under protective measures provided by the UNP (four of those measures having been requested by INPEC); (ii) in one case, INPEC has already taken suitable protective measures; (iii) four risk-assessment orders initiated by the National Security Unit have now lapsed owing to the withdrawal of the person being assessed; (iv) one person, after being informed of the required self-protection procedure, failed to submit to the UNP the documents needed to initiate the risk-assessment process; (v) another person decided not to begin the risk-assessment process with the UNP because he was unwilling to provide the names and details of the persons implicated by the threats; and (vi) three risk-evaluation orders initiated by the UNP have lapsed because no causal link exists between the threats and the INPEC official’s trade union activities. In taking due note of this information, the Committee observes with concern that, in respect of five persons (Messrs Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa), INPEC states that the files were sent for further action to the UNP, which indicated that it was unable to find any information on those persons in its databases. The Committee also observes that, with regard to eight other persons (Messrs Julio César García Salazar, Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa and Mauricio Olarte Mahecha), the UNP has no information on those persons and INPEC is also unable to provide any. Recalling that the rights of workers’ and employers’ organizations can be exercised only in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected [see Compilation, op. cit., para. 84], the Committee urges the Government to take steps to ensure that the risk status of Messrs Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa) is assessed immediately and they are afforded the necessary protection as soon as possible. With regard to Messrs Julio César García Salazar, Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa y Mauricio Olarte Mahecha, INPEC and the UNP state that they are not aware of any complaint of threats made against them, and the Committee therefore invites the complainant organization to contact the competent authorities in order to resolve their situation.

The Committee’s recommendations

1. 296. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While taking due note of and appreciating the significant efforts made and the evolution of the results obtained, the Committee urges the Government to continue strengthening its efforts to ensure that all the acts of anti-union violence, murders and other acts reported in the country are cleared up and that both the perpetrators and instigators are convicted.
   • (b) The Committee requests the Government to inform it of the impact exerted by the special summary criminal procedure established under Act No. 1826 on the investigations into acts of anti-union violence.
   • (c) The Committee requests the Government to continue providing information concerning, in general, the consultation of the social partners in the framework of investigation procedures relating to acts of anti-union violence and in particular relating to the functioning of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights.
   • (d) The Committee takes due note of the information provided in respect of 114 cases of murder and 58 acts of anti-union violence and requests the Government to continue providing information in this regard.
   • (e) The Committee again requests the Government to inform it of any examination of case of anti-union violence by the bodies created as part of the peace process.
   • (f) While taking due note of the significant efforts made in this regard, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to all union leaders and members at risk. The Committee especially requests the Government: (i) in the framework of the Timely Action Plan (PAO) to give its full attention to protecting trade unionists and to ensuring that the trade unions and the Ministry of Labour are effectively involved in this mechanism; and (ii) in the framework of the PAO and the appropriate tripartite forums, to identify, in close consultation with the social partners, the main causes of anti-union violence so that policies to prevent anti-union violence can achieve greater impact. The Committee requests the Government to keep it informed in this regard.
   • (g) The Committee expresses the strong hope that the investigations and procedures still under way will lead to the speedy resolution of the allegations made by the Union of Workers of the Electricity Company of Colombia (SINTRAELECOL) and the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI), and to the conviction of the perpetrators and instigators. The Committee requests the Government to keep it informed in this regard.
   • (h) The Committee urges the Government to take steps to ensure that the Public Prosecutor’s Office conducts the necessary investigations as soon as possible to ensure that all the murders and the attempted murder of leaders and members of the Single Trade Union Association of Public Employees of the Colombian Prison System (UTP) reported in this case are cleared up and that the perpetrators and instigators are convicted. In this regard, the Committee especially urges that the planning and implementation of the investigations: (i) give full and systematic consideration to possible links between the murders and the victims’ trade union activities, including any complaints of acts of corruption that they may have lodged; (ii) examine possible links between separately reported murders; and (iii) establish the necessary contacts with the trade union to gather all available information.
   • (i) The Committee requests the Government to provide information on the alleged murder of the UTP member, Mr Diego Rodríguez González, and also requests the UTP to provide details of the alleged murder of Mr Manuel Alfonso.
   • (j) The Committee urges the Government to take steps to ensure that the risk status of the UTP leaders, Messrs Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa is assessed immediately and that they are afforded the necessary protection as soon as possible.
   • (k) The Committee invites the UTP to contact the competent authorities in order to clarify the situation of the union leaders, Messrs Julio César García Salazar, Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa and Mauricio Olarte Mahecha.
   • (l) The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.