Rapport intérimaire - Rapport No. 214, Mars 1982

Cas no 1083 (Colombie) - Date de la plainte: 20-OCT. -81 - Clos

435. The Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL), the World Federation of Trade Unions (WFTU) and the Trade Union Confederation of Workers of Colombia (CSTC) presented their complaints in communications dated 20 and 26 October and 3 November 1981, respectively. The WFTU sent supplementary information in a communication dated 2 December 1981. The Government replied in communications dated 16 December 1981, 15 and 25 January and 10 February 1982.

1. 435. The Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL), the World Federation of Trade Unions (WFTU) and the Trade Union Confederation of Workers of Colombia (CSTC) presented their complaints in communications dated 20 and 26 October and 3 November 1981, respectively. The WFTU sent supplementary information in a communication dated 2 December 1981. The Government replied in communications dated 16 December 1981, 15 and 25 January and 10 February 1982.
2. 436. Colombia has ratified both 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. Allegations of the complainants

1. 437. The complainants claim that, as a result of a general strike in Protest against the high cost of living, low wages, the high rate of unemployment and the total lack of civil liberties and trade union rights, which was called by the unanimous decision of a national trade union assembly convened by the national trade union movement, a wave of repression of incalculable proportions has been unleashed that has involved the arrest and torture of union: leaders, the searching of union headquarters, an attack by government troops o the Workers' Federation of Cundinamarca and the murder of a number of strikers.
2. 438. The WFTU adds that the general strike was declared illegal by the Government and attaches a list, of 30 union leaders, one former union leader and seven union members who are currently under arrest.
3. 439. The complainants also allege that, by a decree declaring a state of emergency (Decree No. 2932 of 19 October 1981), the Government arbitrarily and illegally assumed powers to suspend the juridical status of trade unions for up to a year by administrative authority; as a result, all the trade union organisations that took part in the strike have been suspended, including the Trade Union Confederation of Workers of Colombia (CSTC) (suspended for six months), the Colombian Federation of Teachers (FECODE) (suspended for six months), the National Federation of Workers in the Service of the State (FENALTRASE), the Federation of Workers of the Cement and Building Materials Industry (FETRACONCEM) and the federation of workers of Cundinamarca.
4. 440. Finally, the complainants allege the dismissal of union leaders, including members of the National Trade Union of the National Administrative Department of Statistics (SINDANE).

B. The Government's reply

1. 441. In its communication dated 16 December 1981, the Government categorically denies that any repressive measures have been taken against the trade union movement and states that the complainants' allegations to that effect are subjective, imprecise, partial and politically motivated and contain no formal charges against anyone and no proof to support their inaccurate assertions. According to the Government, the truth is that unlawful acts were committed against the established legal order, which is not that of a totalitarian, police regime but represents a state of law with separation of powers and with free and autonomous trade unions operating under a government which defends democratic freedoms. However, no government can be expected to permit activities bordering on subversion which, in addition, have been denounced by the country's democratic workers' federations themselves.
2. 442. As to the suspension of the legal personality of the CSTC, FENALTRASE and FECODE, the Government states that this action was taken by the Ministry of Labour and Social Security under article 121 of the Constitution and Decree No. 2932 of 19 October 1981 (which avoided the trade union associations changing into tools to be used by subversive groups) following a subversive strike on 21 October 1981 involving seditious groups that were endangering state security, law arc order and the free exercise of the inherent rights of the people of the country - as was shown by the reaction of the Confederations, federations and trade unions which clearly expressed their rejection of the unlawful activities of a tiny group seeking to cause chaos and the breakdown of law and order and thereby to undermine not only Colombia's democratic institutions but the very foundation of peace in the country. The Government observes that the legal personality of FETRACONCEM was not suspended and that the complainant organisations have already lodged appeals before the competent body against the administrative decisions concerned.
3. 443. As regards the arrest of 38 trade union leaders and members, the Government states in its communication of 25 January 1982 that it has requested the relevant information from the Military Public Prosecutor (Procurador Delegado) and points out that the circumstances surrounding the 21 October strike clearly upset the public peace and state security. According to the Government, it was a situation concerning political and general order in face of which the Government had to act so as to avoid unscrupulous subversive groups being protected by a strike alleged to be related to labour problems, but which in fact was not, endorsing activities prejudicial to national peace. The Government points out that by virtue of article 28 of the National Constitution it is authorised - after obtaining a decision from the Council of Ministers and an opinion from the Council of State - to order the temporary detention of persons in cases where serious indications exist showing that they threaten the public peace. It states that when the detention is over the persons concerned are released or handed over to the competent authorities with the alleged evidence to be tried in conformity with the law; therefore, of the persons detained because of the strike on 21 October 1981, some are free and others are not, but not because of the fact that they belonged to trade unions, but because they committed acts contrary to the law.
4. 444. Lastly, as for the alleged dismissal of SINDANE trade union leaders, the Government supplies a statement from the head of the National Administrative Department of Statistics from which it appears that only one person was dismissed and that this person had already been the subject of the disciplinary procedure required by the liquidation.

C. The Committee's conclusions

1. 445. Before examining the substance of the various issues raised by the complainants in connection with the general strike to which they refer, the Committee feels obliged to express its concern at the serious nature of their allegations: the assassination of several participants in the general strike: the torture, detention or dismissal of union leaders and members, the attack or union headquarters and searching of their premises; and the suspension by administrative authority of several federations and one Confederation.
2. 446. The Committee notes that the Government denies categorically that any repressive measures have been taken against the trade union movement and states that in fact unlawful acts were committed against the established public order, as well as activities bordering on subversion.
3. 447. As to the suspension of the legal personality of certain trade union organisations, the Committee notes the Government's statement that the legal personality of FETRACONCEM was not suspended and that the suspension of the legal status of the CSTC, FENALTRASE and FECODE was taken by the Ministry of Labour and Social Security under article 121 of the Constitution (declaration of a state of emergency) and Decree No. 2933 of 19 October 1981 in response to a strike of a subversive nature which took place on 21 October 1981 involving seditious groups that were endangering state security, law and order and the free exercise of the inherent rights of the people of the country. The Committee further notes that the organisations whose legal personality has been suspended have lodged appeals before the competent courts of law against the administrative decisions concerned.
4. 448. In this respect, and regardless of whether or not the motives adduced by the Government justify the decision of the administrative authority to suspend the legal personality of trade union organisations, the Committee must point out that it is clear, from the principle laid down in Article 4 of Convention No. 87 that "workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority", that it is not sufficient that legislation should grant the right of appeal against administrative decisions entailing the suspension, of trade union organisations but that such decisions should not become effective until the statutory period has expired without an appeal being lodged against them or until they have been confirmed by a decision of the court, which must have been able to obtain information concerning the background of the cases in the light of the provisions of Convention No. 87.
5. 449. Consequently, in view of the serious restriction on trade union rights which the suspension of the organisations referred to represents and since in matters of this nature the rights of defence can only be fully guaranteed through due process of law, the Committee, while observing that the administrative decisions to suspend the legal status of the CSTC, FENALTRASE and FECODE have been taken within the context of a state of emergency, can only deplore the adoption of such measures which are in clear contradiction with the provisions of Article 4 of Convention No. 87. it requests the Government, in the light of the principles referred to above, to modify the legal text on which they were based (Decree No. 2932 of 19 October 1981) and, pending the court's decision on the subject, to revoke the measures as soon as possible. The Committee also requests the Government to keep it informed of developments in the matter.
6. 450. As regards the arrest of 38 trade union leaders and members listed by the WFTU in the annex, the Committee, while noting the Government's statements in particular that some of them are already free, would point out that it has not indicated the circumstances which gave rise to the arrest nor whether those concerned are still in detention. The Committee therefore requests the Government to reply in detail to this allegation.
7. 451. As for the alleged dismissal of SINDANE leaders, the Committee notes that, according to the Government, only one person was so treated and that he had been the subject of the disciplinary procedure required by the legislation. Consequently, in view of the contradictory nature of the allegation and the Government's reply and due to the fact that the complainants have not supplied any details as to the reasons for the dismissals nor as to the identity of the persons concerned, the Committee considers that this aspect of the case does not call for further examination.
8. 452. Lastly, the Committee can only express its dissatisfaction that the Government has not replied specifically to the remaining allegations: murder of several participants in the general strike; torture of trade union leaders; attack and searching of trade union headquarters; and suspension by administrative authority of the Federation of Workers of Cundinamarca. The Committee would therefore request the Government to send its observations in this connection.

The Committee's recommendations

1. 453. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) In general, the Committee expresses its concern at the seriousness of the complainants' allegations.
   • (b) With respect to the allegations relating to the murder of several participants in the general strike, the torture of trade union leaders, detention of union leaders and members, the attack on union headquarters and searching of their premises and the suspension by administrative authority of the Federation of Workers of Cundinamarca, the Committee can only express its dissatisfaction that the Government has not answered these allegations directly and accordingly requests it to communicate its observations on the subject.
   • (c) As regards the situation of the union leaders and members whose names are given in the attached list who were detained because of the work stoppage of 21 October 1981, the Committee notes that some of them have been released. However, it requests the Government to indicate those who are still in prison and the circumstances surrounding their arrest.
   • (d) As regards the suspension of the legal personality of FETRACONCEM, the Committee notes that no such suspension occurred.
   • (e) With regard to the decision of the administrative authority to suspend the legal personality of the CSTC, FENALTRASE and FECODE, the Committee can only deplore the adoption of measures which are in clear contradiction with the provisions of Article 4 of Convention No. 87, which states that workers' and employers" organisations are not liable to be dissolved or suspended by administrative authority. Consequently, the Committee requests the Government, in the light of the principles referred to above, to modify Decree No. 2932 of 19 October 1981, which is the legal text on which the aforementioned administrative decisions were based. The Committee also requests the Government to revoke those administrative measures as soon as possible, pending the court's decision regarding the suspension of the legal personality of the organisations concerned, and to keep it informed of developments in the matter.
   • (f) As regards the dismissal of SINDANE trade union leaders, the Committee, in view of the lack of specific details given by the complainants and in view of the contradiction between the allegations and the Government's reply, considers that this aspect of the case does not call for further examination.

Z. ANNEX

• LIST OF TRADE UNION LEADERS AND MEMBERS WHO HAVE BEEN ARRESTED, SUBMITTED BY THE WFTU
• Abel Rodriguez, President of FECODE
• Edgar Dussan, leader of FECODE
• Faustino Galindo, President of FESTRAC
• Hernan Sierra, Secretary-General of FESTRAC
• Héctor Molina, member of the Executive Committee of the CSTC and President of FETRACUN
• Victor Manuel Quinque, Vice-President of FENALTRASE
• Manual Rengifo, member of CONGRA
• Javier A. Sarmiento, leader of SINTRACROYDON (Bogotá)
• Hugo Velez Roger, member of UTRAN-UTC (Medellin)
• Israel Ortigoza, former President of FESUTRAL
• Victor Franco, member of MARYSOL (Barranquilla)
• Agustin Figueroa, leader of the CSTC and of FEDEPETROL (Bucaramanga)
• Luis Eduardo Yaya, President of FESTRAM and leader of the CSTC
• José Esguerra, leader of FESTRAM (Villavicencio)
• Rubén Darío Castaño, President of FEDECALDAS (CSTC) and member of the CSTC Executive Committee
• Alcides Otálora, Regional President of the CSTC
• Jaime Dussán, President of ADIH (FECODE)
• Luis Ernesto Lasso, member of ASPU (FECODE)
• Luis Eduardo Pérez, SINTRAIDEMA section leader (CSTC)
• Armado Cuéllar, leader of UNEC
• Tito Salazar, leader of the Committee of State Workers (Neiva)
• Oscar Aldana, President of APROMEQUIN (FECODE)
• Antonio Toro, President of the ACPES (FECODE) section (Armenia)
• Juan Mendoza, President of the Teachers' Union
• Ricardo Paz, Treasurer of the Teachers' Union
• Manuel Rivero, member of the Teachers' Union (Monteira)
• Joaquin Sinisterra, member of the Sugar Workers' Union (CSTC)
• Abraham Mojica, member of the Sugar Workers' Union (CSTC)
• Jairo Quintero, member of the Sugar Workers' Union (Palmira)
• Pedro Ramirez, President of FESTRALSA (CSTC)
• Victor Mieles, section President of the Cicolac Union (Valledupar)
• Argemiro Pérez, President of the CSTC (Sogamoso)
• Rafael Cely, deputy of the Tolima Assembly, President of FEDETOL-CSTC and member of the CSTC Executive Committee
• Jorge Noel Robayao, United Nations adviser in Ibagué and leader of SUTIMAL (CSTC)
• Jairo Espinosa, United Nations adviser (Ibagué region)
• Luis Pomares, leader of SINTRABOCOL (Cartagena)
• Miguel Zabala, leader of FETRASUCRE (CSTC) (Sincelejo)
• Alirio Romero, union co-ordinator for southern Tolima (Chaparral)