Rapport intérimaire - Rapport No. 222, Mars 1983

Cas no 1155 (Colombie) - Date de la plainte: 17-SEPT.-82 - Clos

1. 265. The complaint is contained in a joint communication from the International Confederation of Free Trade Unions (ICFTU) and the international Federation of Plantation, Agricultural and Allied Workers (IFPAAW) dated 17 September 1982. These trade union organisations supplied additional information in a communication dated 30 September 1982. The IFPAAW communicated further information in communications dated 28 September and 29 October 1982. The Government replied by communications dated 12 October, 10 November and 15 December 1982.
2. 266. 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. Allegations of the complainants

1. 267. The complainants allege that Agapito Chagüenda Zúñiga and Eliecer Tamayo Paladines, president and auditor respectively of the Peasant Federation of the Cauca (FCC), were murdered on the outskirts of Popayán (Department of the Cauca) on 13 September 1982 after leaving the headquarters of the National Agrarian Federation of Colombia (FANAL) during the afternoon on a motorcycle. The complainants state that these trade union leaders were hit by several bullets in the head and were subsequently thrown into the Palacé river.
2. 268. The complainants add that everything suggests that these assassinations are part of a persecution campaign against the peasant trade union organisations and point out that, a few weeks previously, members of the armed forces of Colombia arbitrarily arrested Alejando Leónidas Jojoa and his brother Manuel, trade union members of FANAL, who for 33 hours were subjected to various interrogations concerning the leaders and activities of FANAL.
3. 269. Finally, the complainants call attention to the important work which the assassinated leaders had carried out on behalf of rural workers and the improvement of their level of culture, as well as the struggle which they had waged for many years in defence of the interests and rights of this category of workers.

B. The Government's reply

1. 270. The Government states that the Colombian authorities deplore and repudiate the violent death of the trade union leaders Agapito Chagüenda and Eliecer Tamayo, a crime which the President of the Republic also censured when he requested in particular the National Agrarian Federation to provide the greatest possible collaboration in the investigation being held into the events with a view to imposing the corresponding legal sanctions on those responsible.
2. 271. The Government adds that the matter has been placed before the fifteenth Circuit Court and that, on the basis of the preliminary investigation carried out by the national police, it appears that the trade union leaders concerned had been threatened by the subversive armed group "FARC" and that there was evidence to suggest the involvement of members of "FARC" in the homicide of Messrs. Chagüenda and Tamayo, since both the latter had on various occasions rejected requests for them to join this subversive movement. Moreover, "FARC" has claimed responsibility far the execution of seven other peasants and Indians and had threatened those peasants who did not collaborate with the movement.
3. 272. Finally, the Government categorically rejects the suggestion that the military forces may be involved in the events to which the complainants refer.

C. The committee's conclusions

1. 273. The Committee is profoundly shocked at the assassination of Agapito Chagüenda Zúñiga and Eliecer Tamayo Paladines, president and auditor respectively of the Peasant Federation of the Cauca. On previous occasions on which similar complaints concerning the violent death of trade union leaders and trade unionists have been submitted, the Committee has always insisted on the importance which it attaches to the commencement, as soon as possible, of an independent judicial inquiry with a view to elucidating the facts in full, determining responsibility and punishing the guilty parties, The Committee notes in this respect that the matter of the murder of the above-mentioned trade unionists has now been placed before the fifteenth Circuit Court and that the Government has categorically denied that the military forces may be involved in the events and has mentioned the existence of evidence which suggests that members of the subversive group "FARC" were involved in the death of Agapito Chagüenda and Eliecer Tamayo. In these circumstances, the Committee deplores the fact that a situation in which such events take place exists and draws the attention of the Government to the fact that a climate of violence such as that in which the assassination of these trade union leaders occurred is a very serious threat to the exercise of trade union rights and requests the Government to inform it of the results of the criminal proceedings before the fifteenth circuit Court taken against the guilty parties.
2. 274. Finally, the Committee regrets that the Government has not communicated information on the alleged arbitrary detention for 33 hours of the trade unionists Alejandro Leónidas Jojoa. Consequently the Committee cannot but draw the attention of the Government to the fact that the detention of trade union leaders and trade unionists on the grounds of carrying out trade union activities is contrary to the principles of freedom of association and requests it to send its observations on this point.

The Committee's recommendations

• Recommendations of the Committee
  275. 275 In these circumstances the Committee recommends the Governing Body to approve the present interim report, and in particular the following conclusions;
       • (a) The Committee is profoundly shocked at the assassination of the trade union leaders Agapito Chagüenda Zúñiga and Eliecer Tamayo Paladines. It deplores the fact that a situation in which such events take place exists and draws the attention of the Government to the fact that a climate of violence such as that in which these murders occurred is a very serious threat to the exercise of trade union rights and requests the Government to communicate the results of the criminal proceedings before the fifteenth Circuit Court taken against the guilty parties.
       • (b) The Committee regrets that the Government has not communicated information on the alleged arbitrary detention of two trade unionists for 33 hours and requests it to send this. It draws its attention to the fact that the detention of trade union leaders and trade unionists on the grounds of carrying out trade union activities is contrary to the principles of freedom of association.