Rapport intérimaire - Rapport No. 214, Mars 1982

Cas no 919 (Colombie) - Date de la plainte: 23-JANV.-79 - Clos

1. 391. This case was examined by the Committee in May 1979, November 1980 and May 1981, when it presented interim reports.
2. 392. Since it last examined the case the Committee has received a communication from the Government dated 25 January 1982.
3. 393. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 394. When the case was last examined in May 1981 the following matters remained pending: the death of the trade union leader Pedro Pablo Bello, the arrest and trial of trade union leaders and workers and the allegations made by the National Federation of Workers in the Service of the State (FENALTRASE) in its last communication of 21 September 1979 (dismissal or suspension of trade union leaders - a list of whom was sent by the complainant along with documentation on some of the dismissals - on account of their trade union activities, and prevention of many leaders from continuing their trade union functions following the sanctions; interference by the armed forces with the trade union organisations resulting in acts of physical aggression against civil servants employed in the Judiciary, the arrest of union leaders in the National University and the detention of union leaders and active trade unionists, mainly in the Ministry of Finance).
2. 395. Consequently, the Committee recommended the Governing Body to approve the following conclusions:
3. The Committee requests the Government to carry out an inquiry into the death of the agricultural trade union leader Pedro Pablo Bello and to communicate its results.
4. The Committee requests the Government to communicate the text of the judgements which may be handed down, together with the reasons adduced therefore, on the following trade union leaders and workers who are at present being tried for presumed membership of or links with subversive groups: Manuel Castillo Ruiseco, Obdulia Prada de Torres, Jorge Elieser Diaz Fussi, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarro, Alfonso Moya Romero, Hernando Solano Barreño, Alvaro Quijano Rozo end Henry Vicente Rivera Garcia.
5. The Committee once again requests the Government to reply to the allegations in the communication of 21 September 1979 from FENALTRASE and to send information on the detention of Alfonso Prada and Humberto Serna.
6. B. The Government's reply
7. 396. In its communication of 25 January 1982, the Government states that the Colombian courts are pursuing the investigation into the death of Mr. Pedro Pablo Bello and adds that, although the proceedings are secret, it may be said that all the evidence indicates that Mr. Bello's death had no connection with his trade union activities but rather with disturbances of public order.

C. The Committee's conclusions

1. 397. The Committee notes that according to the Government it may be said that all evidence indicates that the death of the agricultural trade union leader, Pedro Pablo Bello, had no connection with his trade union activities but rather with disturbances of public order. The Committee deeply regrets the death of the agricultural trade union leader Pedro Pablo Bello and asks the Government to send any information on the outcome of the judicial investigations underway.
2. 398. The Committee observes that the Government has not replied to the other allegations which remain pending. Consequently, the Committee again requests the Government for its observations on these matters.

The Committee's recommendations

1. 399. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
   • (a) Regarding the allegation relating to the agricultural trade union leader Pedro Pablo Bello, the Committee deeply regrets his death and requests the Government to send any information on the outcome of the judicial investigations underway.
   • (b) A regards the other allegations:
   • (i) the Committee requests the Government to communicate the text of the judgements, together with the reasons adduced therefore, which may be handed down on the following trade union leaders and workers being tried at present for presumed membership of or links with subversive groups: Manuel Castillo Ruiseco, Obdulia Prada de Torres, Jorge Elieser Diaz Fussi, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarro, Alfonso Moya Romero, Hernando Solano Bareño, Alvaro Quijano Pozo and Henry Vicente Rivera Garcia;
   • (ii) the Committee again requests the Government to send information on the detention of Alfonso Prada and Humberto Serna and to reply to the allegations contained in the communication of FENALTRASE of 21 September 1979 (dismissal or suspension of trade union leaders - a list of whom was sent by the complainant along with documentation on some of the dismissals - on account of their trade union activities, and prevention of many leaders from continuing their trade union functions following the sanctions; interference by the armed forces with the trade union organisations resulting in acts of physical aggression against civil servants employed in the Judiciary, the arrest of union leaders in the National University and the detention of union leaders and active trade unionists, mainly in the ministry of Finance).