Informe provisional - Informe núm. 401, Marzo 2023

Caso núm. 3074 (Colombia) - Fecha de presentación de la queja:: 30-MAY-14 - Activo

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

1. 323. The Committee has examined the substance of Case No. 2761 on six occasions [see 363rd, 367th, 380th, 383rd, 389th and 393rd Reports], most recently at its meeting of March 2021, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 393rd Report, paras 80–123, approved by the Governing Body at its 341st Session].
2. 324. The Government sent its observations in communications dated August 2021 and 3 February 2023.
3. 325. 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. The complainant’s allegations

1. 326. At its meeting in March 2021, the Committee made the following interim recommendations concerning the allegations presented by the complainant organizations [see 393rd Report, para. 123]:
   • (a) While welcoming the significant efforts made by the public authorities and the growing number of sentences handed down, the Committee, given the scale of the challenges which face the country in dealing with anti-union violence and impunity, urges the Government to further strengthen its efforts to ensure that all acts of anti-union violence, homicides, threats and other acts reported in the country are cleared up and that the perpetrators and instigators are convicted. The Committee particularly hopes that all further steps will be taken and all necessary resources committed in order to ensure that the investigations and criminal proceedings conducted in connection with the acts of anti-union violence reported in this case are made significantly more effective in identifying and punishing the instigators. The Committee requests the Government to provide detailed information in this respect;
   • (b) While welcoming the significant efforts made by the public authorities in this regard, and the consultations held with the social partners within the framework of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to all trade union leaders and members at risk. With a view to increasing the impact of the policies for preventing anti-union violence, the Committee especially requests the Government to continue encouraging, in the framework of the Timely Action Plan and the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights as well as the appropriate tripartite forums, close dialogue between the trade unions and the various competent authorities. The Committee requests the Government to keep it informed in this regard;
   • (c) The Committee again requests the Government to inform it of the progress of the ongoing investigations and proceedings concerning the specific events reported in 2014 by the Union of Energy Workers of Colombia (SINTRAELECOL) and the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI);
   • (d) The Committee urges the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are cleared up and that the perpetrators and instigators are convicted. The Committee also requests the Government, in connection with the incidents reported in this case, to provide detailed information on the progress of the ongoing investigations and on the content of the sentences handed down. The Committee also invites the UTP and the Government to come into contact to complete the identification of Messrs Diego Rodríguez González and Manuel Alfonso;
   • (e) The Committee requests the Government to provide the requested information concerning the risk status of Mr Mauricio Paz Jojoa. The Committee also invites the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) and the Government to come into contact concerning the definitive identification of Ms Cindy Yuliana Rodríguez Layos. The Committee further requests the Government to ascertain that all the threats against UTP members or leaders have resulted in investigations intended to identify and punish the perpetrators;
   • (f) The Committee requests the Government to take all necessary steps to ensure protection for Mr Aguilar, President of the Union of Public Officials and Employees in the Government and Municipalities of Colombia (SINTRASERPUVAL) and that the necessary investigations are carried out to identify and punish the perpetrators and instigators of the attack which took place in March 2018. The Committee requests the Government to keep it informed in this regard; and
   • (g) The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.

B. The Government’s reply

1. 327. In a communication dated August 2021, the Government emphasizes that much progress has been made with regard to the investigation and convictions for homicides of members of the trade union movement, as demonstrated by the more than 800 sentences given since 2005 and the 70 rulings handed down in 2020. In a communication dated February 2023, the Government states that the trade union movement has suffered various crimes over the years and that, thanks to the bravery of the trade union leaders and to the support from the ILO and its supervisory bodies, public protection and reparation policies now exist. The Government expresses its commitment to strengthen the trade union movement and to ensure that the investigations progress.
2. 328. In this regard, the Government reiterates that the investigation and prosecution of crimes against trade unionists is a priority for the Public Prosecutor’s Office, which has had a specific and different strategy for the investigation of these crimes since 2016. The Government adds that, in accordance with the provisions of the 2020–24 strategic guidance “results on the street and in the territories”, actions have been strengthened in that regard, as follows: analysis of the crimes that have the greatest impact on trade unionists in the course of their work: homicides, violation of the rights of assembly and association, and threats; definition of the selection of prioritized cases and situations; inter-institutional coordination and coordination with the Ministry of Labour; training to strengthen the investigation of prioritized crimes.
3. 329. The Government also recalls the importance of the Elite Group to expedite and monitor crimes affecting unionized people and freedom of association, established in 2016, which is responsible for carrying out the actions laid out in the aforementioned strategy. The Government recalls that the Elite Group is comprised of: (i) the Specialized Directorate against Human Rights Violations; (ii) the Representative for Territorial Security, for the investigation of priority crimes; (iii) the Directorate for High-level Studies, for designing and holding periodic training programmes for public prosecutors and investigators dealing with these crimes; (iv) the Directorate for Policy and Strategy, for reviewing the statistical trends of priority crimes; and lastly (v) the Directorate of International Affairs. The Government adds that to specifically monitor the criminal proceedings, it has a public prosecutor assigned to the national group of the Representative for Territorial Security, who is responsible for coordinating the work of the public prosecutors trying the cases in the 35 Sectional Directorates, and it also has an official in the Specialized Directorate against Human Rights Violations, who is responsible for monitoring the cases within that jurisdiction.
4. 330. The Government adds that, in 2022, in addition to the training programmes on freedom of association for officials in the Public Prosecutor’s Office, the Office also took the following actions with regard to the homicides of trade unionists: coordination within the Public Prosecutor’s Office of investigative strategies for the homicides of trade unionists, human rights defenders and intentional homicides; a public prosecutor from the national team has been made available to lead the proceedings for trade unionists’ cases; monitoring by the Office of the Deputy Public Prosecutor; and a victimology protocol for serious human rights violations, drawn up in 2022.
5. 331. The Government goes on to make reference to the results of the aforementioned strategy with regard to the homicides of trade unionists, highlighting that: (i) with regard to the events reported between 1 January 2011 and 31 December 2022, the perpetrators have been identified in 44.69 per cent of cases and the criminal proceedings are moving forward; (ii) during 2022, the Public Prosecutor’s Office was informed of 15 homicide cases of trade unionists that are being investigated in the ordinary courts and, to date, progress has been made towards resolution (i.e. the perpetrator has been identified) in the investigation of 53.33 per cent of cases, 1 case is at trial, charges have been made in 3 cases and a judge has issued arrest warrants in 4 cases; and (iii) with regard to the 85 cases of anti-union violence specifically reported in the context of the present case, with reference to the information that has previously been submitted, additional progress has been made in 22 cases (with 8 sentences carried out, 4 cases at trial and 10 cases under investigation).
6. 332. The Government goes on to make reference to the response of the authorities to the cases of threats against members of the trade union movement. It reiterates that strengthening investigative capacities to deal with the crime of threats against human rights defenders is an objective defined within the framework of the Strategy for the Investigation and Prosecution of Crimes against Human Rights Defenders and once again describes the main points of that strategy (see the previous examination of the case, 393rd Report, paras 91–93). The Government adds that: (i) by means of resolution No. 0775 of 2021, the Threats Group has been established within the Specialized Directorate against Human Rights Violations; the Group currently has ten public prosecutors responsible for supporting the Sectional Directorates where threats against the target population of this strategy are being made; (ii) there are 24-hour 7-day hotlines for reporting cases the moment they happen (urgent actions); and (iii) a course has been designed for the judicial police (investigators) all over the country who are responsible for investigating threats. The Government states that trade unionists in the mining and energy sector in Valle del Cauca are particular targets of threats, which is why the Public Prosecutor’s Office has developed a strategy in that region and designated a specialist public prosecutor from the National Working Group on Threats to investigate that type of crime as a matter of priority.
7. 333. The Government also provides data on the protection measures afforded to members of the trade union movement by the National Protection Unit (UNP). The Government notes in this regard that 256 people were protected in 2021 (of which 142 with strict protection measures) and, with data available up to 5 November 2022, 252 people received protection in 2022 (of which 143 with strict protection measures). For comparison, 371 members of the trade union movement received protection in 2018 (of which 233 with strict protection measures). The Government notes that the budget of the UNP was 1,645,168,284,600.00 Colombian pesos in 2022 (approximately US$349 million), compared to 830,363,870,243.00 pesos in 2018.
8. 334. With regard to the Timely Action Plan (PAO) for individual and collective prevention and protection of the rights to life, liberty, integrity and security for human rights defenders, social and community leaders and journalists, the Government reports that it has established the PAO Operating Committee (Decree No. 1138 of 2021) for protection and immediate response to infringements of the rights to life, integrity, liberty and security, and that, in that framework, there are 32 priority municipalities for operations, with proposals to add a further 9 municipalities.
9. 335. The Government adds that, as a result of Decree No. 2078 of 2017, which established the collective protection protocol, there have been collective risk assessments for six “population groups with accredited status as trade union leaders or activists” (four risk assessments have been finalized and two are active). With regard to dialogue with trade union organizations about protection measures, the Government indicates that the Ministry of Labour leads the Technical Secretariat of the Inter-Institutional Committee for the Promotion and Protection of Workers’ Human Rights, and that three Committee sessions were held in 2022, the third of which had a focus on gender.
10. 336. With regard to the wounds suffered in 2014 by Mr Oscar Arturo Orozco, member of the SINTRAELECOL union, the Government: (i) recalls that it had noted that the investigation into the crime of wounding was progressing at the Caldas Sectional Directorate; and (ii) states that, according to the Public Prosecutor’s Office, the public prosecutor in the case has issued a decision to close the case.
11. 337. With regard to the threats reported in 2014 by Mr Oscar Lema Vega, the Government states that the investigation was provisionally closed as a result of the inability to identify or establish an active suspect, since, after carrying out various investigations no active suspect who could be charged with the acts had been established.
12. 338. With regard to the facts reported by the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI) which led to the opening of case No. 3074, the Government reiterates that the Public Prosecutor’s Office began an investigation into the events leading to the arson against the motor vehicle belonging to Mr José Ernesto Reyes; on the basis of these events it was decided to close the proceedings as no active suspect for the crime could be identified or singled out. The Government emphasizes in this regard that, with cases that are closed as a result of the inability to identify or establish an active suspect, once new information or conducive, pertinent and useful evidence is obtained, the case can be reopened and proceedings resumed.
13. 339. The Government reports that the Public Prosecutor’s Office is moving forward with 43 investigations relating to homicides and attempted homicide of leaders and members of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) reported in the framework of the present case. With regard to these cases the Office has made progress in clearing up 48.84 per cent of cases (21 cases) which is an increase of 4.65 percentage points compared to the previous report. The Government notes specifically that: 9 cases are at the stage of execution of sentences; 4 cases are at trial; 5 cases are at the pre-trial or investigation stage; and 3 cases have been closed.
14. 340. With regard to the identification of Messrs Diego Rodríguez González and Manuel Alfonso, in response to the report from the national president of the UTP, Oscar Robayo Rodriguez, the Government notes that: (i) Mr Diego Rodríguez González, an activist member of the UTP until 5 June 2013, was murdered by terrorist groups outside the law in San Vicente del Caguán, according to information from the national media; and (ii) Mr Manuel Alfonso Julio Maestre, an activist member of the UTP until 24 October 2016 was murdered in a terrorist attack in Granada, Meta, according to information from the national media.
15. 341. With regard to the threats against members of the UTP and the investigations into them, the Government states that the Public Prosecutor’s Office carried out a search of the mission systems to identify the investigation records. As a result, 23 files were identified, of which, 7 were active, with investigative work being done by the judicial police. With regard to the specific information requested by the Committee, the Government states that: (i) Mr Mauricio Paz Jojoa is not a beneficiary of the protection programme as his risk status was assessed to be normal; and (ii) according to the information provided by the president of the UTP, Ms Cindy Yuliana Rodríguez Layos works for the National Penitentiary and Prison Institute (INPEC).
16. 342. With regard to the attempt made on the life of Mr Gustavo Adolfo Aguilar, president of SINTRASERPUVAL, on 22 March 2018, the Government reports that: (i) this investigation became inactive following the Public Prosecutor’s Office’s decision to close the case as a result of the inability to identify or establish an active suspect; and (ii) the UNP states that “… in 2018 as part of the 25 June 2018 risk assessment he was classified as high risk and that in accordance with the administrative act resolution No. 5257 of 4 July 2018 he was afforded protection measures consisting of one (1) communication device and one (1) bullet-proof vest …”, but in fact communicates that, following a search of the organization’s database, currently Mr Gustavo Adolfo Aguilar Gutiérrez is not a beneficiary of the prevention and protection programme.

C. The Committee’s conclusions

1. 343. The Committee recalls that Cases Nos 2761 and 3074 relate to numerous allegations of murders of trade union leaders and members and to numerous other acts of anti-union violence.
2. 344. The Committee notes first of all the Government’s statement that much progress has been made with regard to the investigation and convictions for homicides of members of the trade union movement, as demonstrated by the more than 800 sentences given since 2005 and its commitment is to strengthen the trade union movement and to ensure that the investigations progress.
3. 345. The Committee takes note of the general information presented by the Government, with regard to the institutional initiatives carried out to clear up the acts of anti-union violence and to punish those responsible. The Committee notes that the Government reiterates that the investigation and prosecution of crimes against unionized people is a priority for the Public Prosecutor’s Office, which has had a specific and different strategy for the investigation of these crimes since 2016, which is implemented by the Elite Group to expedite and monitor crimes affecting unionized people and freedom of association. The Committee also notes that the Government states that, in addition to the training programmes on freedom of association for officials in the Public Prosecutor’s Office, in 2022 the Office also took the following actions with regard to homicides of trade unionists: coordination within the Public Prosecutor’s Office of investigative strategies for the homicides of trade unionists, human rights defenders and intentional homicides; a public prosecutor from the national team has been made available to lead the proceedings for trade unionists’ cases; monitoring by the Office of the Deputy Public Prosecutor; and a victimology protocol for serious human rights violations, drawn up in 2022.
4. 346. The Committee also takes note of the information provided by the Government on the results of the aforementioned strategy with regard to the homicides of trade unionists, highlighting that: (i), the perpetrators have been identified in 44.69 per cent of homicides reported between 1 January 2011 and 31 December 2022; (ii) during 2022, the perpetrators have been identified in 53.33 per cent of the 15 homicide cases of trade unionists identified by the Public Prosecutor’s Office, 1 case is at trial, charges have been made in 3 cases and a judge has issued arrest warrants in 4 cases; and (iii) with regard to the 85 cases of anti-union violence specifically reported in the context of the present case (of which 79 are homicides) additional progress has been made with reference to the information that has previously been submitted in 22 cases (with 8 sentences carried out, 4 cases at trial and 10 cases under investigation).
5. 347. The Committee also takes note of the information provided by the Government on the continuation of efforts to improve the effectiveness of investigations intended to identify and punish the perpetrators of threats against human rights defenders in general and members of the trade union movement in particular. The Committee notes that the Government indicates in particular that: (i) by means of resolution No. 0775 of 2021, the Threats Group has been established within the Specialized Directorate against Human Rights Violations that currently has ten public prosecutors responsible for supporting the Sectional Directorates where threats against the target population of this strategy are being made; and (ii) the Public Prosecutor’s Office has developed a specific strategy and designated a specialist public prosecutor from the National Working Group on Threats to investigate threats against trade unionists in the mining and energy sector in Valle del Cauca as a matter of priority
6. 348. The Committee takes due note of the information provided by the Government and welcomes in particular the continuation and strengthening of efforts to guarantee that the investigation and resolution of all acts of anti-union violence and the punishment of the perpetrators constitutes a State priority carried out by methods appropriate for the types of crimes in question and through broad inter-institutional coordination. The Committee also takes note of the progress reported in the investigations of the specific acts of anti-union violence reported in the framework of this case and the homicides reported by the Prosecutor General’s Office in 2022. At the same time, the Committee again notes the lack of information about the investigation and punishment of the potential instigators of those crimes. The Committee once again emphasizes in this regard that the investigations should focus not only on the individual perpetrator of the crime but also its instigators, with the aim of ensuring that justice is fully done and significantly preventing future acts of violence against trade union members. While welcoming the significant action taken by the competent authorities, the Committee urges the Government to continue strengthening its efforts to ensure that all the acts of anti-union violence, homicides, threats and other acts reported in the country are cleared up and that the perpetrators and instigators are convicted. The Committee particularly hopes that all further steps will be taken and all necessary resources committed in order to ensure that the investigations and criminal procedures relating to the acts of anti-union violence reported in this case are made significantly more effective in identifying and punishing the instigators. The Committee once again requests the Government to provide detailed information in this regard.
7. 349. Concerning the steps taken by the public authorities to prevent acts of anti-union violence and protect trade union members at risk, the Committee takes note, first, of the quantitative data provided by the Government, which indicates that: (i) 256 members of the trade union movement were protected in 2021 (of which 142 with strict protection measures) and, with data available up to 5 November 2022, 252 members of the trade union movement received protection in 2022 (of which 143 with strict protection measures); and (ii) the UNP had a budget of 1,645,168,284,600.00 Colombian pesos in 2022 (approximately US$349 million), compared to 830,363,870,243.00 pesos in 2018. The Committee also notes that the Government states that: (i) in the framework of the Timely Action Plan (PAO) for individual and collective prevention and protection of the rights to life, liberty, integrity and security for human rights defenders, social and community leaders and journalists, the PAO Operating Committee for protection and immediate response to infringements of the rights to life, integrity, liberty and security has been established, and that, in that framework, there are 32 priority municipalities for operations, with proposals to add a further 9 municipalities; (ii) there have been collective risk assessments for six “population groups with accredited status as trade union leaders or activists” (four risk assessments have been finalized and two are active); and (iii) the Ministry of Labour continues to lead the Technical Secretariat of the Inter-Institutional Committee for the Promotion and Protection of Workers’ Human Rights, which held three sessions in 2022, one of which had a focus on difficulties faced by working women and gender issues.
8. 350. The Committee commends the significant efforts of the competent authorities to protect against anti-union violence. The Committee takes particular note in this regard of the significant increase in the budget of the UNP and the regular consultations held with the social partners in the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights. At the same time, the Committee takes note with deep concern of the 15 homicides of trade unionists reported by the Government in 2022, events that indicate the persistence of a serious situation of anti-union violence in the country. The Committee recalls in this regard that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed [see Compilation of decisions of the Freedom of Association Committee, sixth edition 2018, para. 82]. In these circumstances, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to members of the trade union movement exposed to risk. With a view to ensuring that the policies to prevent anti-union violence achieve greater impact, the Committee particularly urges the Government to: (i) in the framework of the institutional initiatives and forums for the protection of human rights defenders and social leaders, continue to give the necessary attention to the specific situation of members of the trade union movement at risk; and (ii) provide updated information about the measures taken to prevent acts of anti-union violence in the main risk areas at the regional and sectoral level, which the Government brought to the attention of the Committee at its previous examination of the case (see 393rd Report, para. 93). The Committee requests the Government to keep it informed in this regard.
9. 351. With regard to the wounds suffered in 2014 by Mr Oscar Arturo Orozco, member of the SINTRAELECOL union, the Committee takes note that the Government: (i) recalls that it had noted that the investigation into the crime of wounding was progressing at the Caldas Sectional Directorate; and (ii) states that, according to the Public Prosecutor’s Office, the public prosecutor in the case issued a decision to close the case. With regard to the threats reported in 2014 by Mr Oscar Lema Vega, the Committee notes that the Government states that the investigation was provisionally closed as a result of the inability to identify or establish an active suspect.
10. 352. With regard to the facts reported by the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI) the Committee notes that the Government reiterates that the Public Prosecutor’s Office began an investigation into the events leading to the arson against the motor vehicle belonging to Mr José Ernesto Reyes; on the basis of these events it was decided to close the proceedings as no active suspect for the crime could be identified or singled out. The Government emphasizes in this regard that, with cases that are closed as a result of the inability to identify or establish an active suspect, once new information or conducive, pertinent and useful evidence is obtained, the case can be reopened and proceedings resumed.
11. 353. The Committee notes with regret the lack of identification and punishment for the perpetrators of these serious crimes. The Committee recalls that, in cases of physical or verbal violence against workers’ and employers’ leaders and their organizations, the Committee has emphasized 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 [see Compilation, para. 108].
12. 354. The Committee also requests the Government to keep it informed of any new information that permits the reopening of the aforementioned investigations and to ensure that any new potential risk for members and leaders of the two organizations gives rise to an immediate response from the competent authorities.
13. 355. In connection with the reported murders of 21 UTP members, including 3 union leaders, between 5 June 2012 and 24 October 2016, and the attempted homicide of another UTP leader on 4 June 2015, the Committee notes the information provided by the Government, according to which: (i) the Public Prosecutor’s Office is moving forward with 43 investigations relating to homicides and attempted homicide of leaders and members of the UTP reported in the framework of the present case; and (ii) the Office has made progress in clearing up 48.84 per cent of cases, since 9 cases are at the sentencing stage, 4 cases are at trial, 5 cases are at the pre-trial or investigation stage, and 3 cases have been closed.
14. 356. The Committee also notes that the Government submits information provided by the president of the UTP about Messrs Diego Rodríguez González and Manuel Alfonso Julio Maestre, and according to this: (i) Mr Diego Rodríguez González, an activist member of the UTP, was murdered on 5 June 2013 by terrorist groups in San Vicente del Caguán, according to information from the national media; and (ii) Mr Manuel Alfonso Julio Maestre, an activist member of the UTP, was murdered on 24 October 2016 in a terrorist attack in Granada, Meta, according to information from the national media.
15. 357. Lastly, the Committee takes note of the information provided by the Government about the investigations into the threats received by several members and leaders of the UTP. The Committee notes in this regard that the Public Prosecutor’s Office has identified 23 investigation records, of which 7 investigations are active, with investigative work being done by the judicial police.
16. 358. With regard to the specific information requested by the Committee in its previous report about the two people who had requested protection measures, the Committee takes note that the Government states that: (i) Mr Mauricio Paz Jojoa is not a beneficiary of the protection programme as his risk status was assessed to be normal; and (ii) according to the information provided by the president of the UTP, Ms Cindy Yuliana Rodríguez Layos works for the National Penitentiary and Prison Institute (INPEC). The Committee understands this to mean that the trade union has not provided specific information on the potential trade union membership or activity of this person.
17. 359. The Committee takes due note of the general and specific information provided by the Government and pays particular attention to the reports of progress in the investigations and court decisions relating to the homicides of members of the UTP and threats reported in the framework of this case. The Committee, however, once again observes that it still has not received the requested information on the motives behind the homicides for which convictions were handed down, or on whether the convicted persons were both instigators and perpetrators of the acts and whether the sentencing process identified any links between the individual murders of UTP members. The Committee therefore urges the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are cleared up and that the perpetrators and instigators are convicted. The Committee also once again requests the Government, in relation to the incidents reported in this case, to provide detailed information on the progress of the investigations under way and on the content of the sentences handed down.
18. 360. With regard to the allegation of an attempt made on the life of Mr Gustavo Adolfo Aguilar, president of SINTRASERPUVAL, on 22 March 2018, the Committee takes note that, on the basis of information provided by the Public Prosecutor’s Office and the UNP, the Government reports that: (i) the investigation of this crime resulted in a decision by the Public Prosecutor’s Office to close the case as a result of the inability to identify or establish an active suspect; (ii) the risk assessment of Mr Aguilar in June 2018 classified the situation of the union leader as high risk, which afforded him protection measures consisting of one communication device and one bullet-proof vest; and (iii) currently Mr Gustavo Adolfo Aguilar Gutiérrez is no longer a beneficiary of the prevention and protection programme.
19. 361. The Committee takes note of this information. The Committee notes with regret the lack of identification and punishment for the perpetrators of these serious crimes and once again recalls what it noted in paragraph 31 above. The Committee requests the Government to keep it informed of any new information that enables the reopening of these investigations. Moreover, the Committee hopes that the discontinuation of the protection measures afforded to Mr Aguilar was preceded by another risk assessment. In this regard, the Committee trusts that the Government will ensure that any new potential risk for Mr Aguilar or anybody else in his organization gives rise to an immediate response from the competent authorities.

The Committee’s recommendations

1. 362. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee welcomes the significant action taken by the competent authorities to ensure that the fight against anti-union violence constitutes a State priority through broad inter-institutional coordination and takes note of the progress reported in the investigations of the acts of anti-union violence. The Committee urges the Government to continue strengthening its efforts to ensure that all the acts of anti-union violence, homicides, threats and other acts reported in the country are cleared up and that the perpetrators and instigators are convicted. The Committee particularly hopes that all further steps will be taken and all necessary resources committed in order to ensure that the investigations and criminal procedures relating to the acts of anti-union violence reported in this case are made significantly more effective in identifying and punishing the instigators. The Committee once again requests the Government to provide detailed information in this regard.
   • (b) The Committee welcomes the significant actions carried out by the competent authorities for the protection of members of the trade union movement exposed to risk and, in particular, the significant increase in the budget of the UNP, as well as the regular consultations held with the social partners within the Inter-institutional Commission for the Promotion and Protection of Workers’ Human Rights. The Committee urges the Government to continue strengthening its efforts to afford adequate protection to members of the trade union movement exposed to risk. With a view to ensuring that the policies to prevent anti-union violence achieve greater impact, the Committee particularly urges the Government to: (i) in the framework of the institutional initiatives and forums for the protection of human rights defenders and social leaders, continue to give the necessary attention to the specific situation of members of the trade union movement at risk; and (ii) provide updated information about the measures taken to prevent acts of anti-union violence in the main risk areas at the regional and sectoral level, which the Government brought to the attention of the Committee at its previous examination of the case. The Committee requests the Government to keep it informed in this regard.
   • (c) The Committee urges the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are cleared up and that the perpetrators and instigators are convicted. The Committee also once again requests the Government, in relation to the incidents reported in this case, to provide detailed information on the progress of the investigations under way and on the content of the sentences handed down.
   • (d) The Committee requests the Government to keep it informed of any new information that permits the reopening of the investigations into the acts of anti-union violence against leaders of SINTRAELECOL, SINTRAEMCALI and SINTRASERPUVAL reported in this case and to ensure that any new potential risk for members and leaders of those organizations gives rise to an immediate response from the competent authorities.
   • (e) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgency of this case.