Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 234, Juin 1984

Cas no 1252 (Colombie) - Date de la plainte: 31-DÉC. -83 - Clos

1. 273. The complaint appears 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 31 December 1983. The Government replied in a communication dated 4 May 1984.
2. 274. Colombia has ratified the Freedom of Association and the Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (N o. 98).

A. The complainants' allegations

1. 275. The complainants allege that on 12 November two leaders of the Workers' Union of the Banana Export Company (SINTRAEXPOBAN), of the National Agrarian Federation (FANAL), an organisation which is affiliated in Colombia to IFPÁAW were the victims of a criminal attack which resulted in the death of Miguel Angel Caro Henao, treasurer of the union, and the serious injury of Julio Arturo Jaramillo, president of the same union. The attack took place at 7.]5 a.m. when the two men were waiting for the bus to take them to their workplace, namely the Banana Export Company "EXPOBAN". It was at this moment that nine heavily armed individuals approached the two leaders and opened fire on them. It should be noted that the act occurred only a few meters from a Currulao-Turbo (Antioquia) police post.
2. 276. According to the complainants, these events are closely related to previous criminal attacks against peasant associations in this region of Colombia and which both the ICFTU and the IFPAAW have already denounced. Mr. Caro Henao was the son of Francisco Cristóbal Caro Montoya, who was also a trade union leader and assassinated on 15 August 1983, an act which was denounced to the ILO on 3 October 1983 (see 223rd Report, Case No. 1239 (Colombia), paras. 202 to 213). The complainants add that these events show a systematic persecution of the peasant organisations.

B. The Government's reply

1. 277. The Government states that the death of Mr. Caro was not the result of any trade union persecution by the Colombian State, which respects the legitimate rights of trade union members. The basic problem which exists not only in Colombia but in many other democratic countries being challenged by the action of terrorists groups cannot be confined to the sphere of freedom of association. It is the outcome of different factors related to political and public order. This is clearly demonstrated by the fact that international public opinion has been deeply moved by the assassination of the Minister of Justice of Colombia at the hands of a small number of groups since others have accepted the generous amnesty laws and peace agreements. The Committee on Freedom of Association cannot fail to take fundamental account in its decision of the fact that the Colombian Government is not, and no one accuses it of being, a dictatorship, and that it has sufficiently demonstrated its desire for peace and reconciliation with those who have taken up arms. A democratic regime, based on free elections, free trade unions, freedom of expression and free political parties cannot be judged by the same yardstick as a dictatorship which denies these freedoms.
2. 278. The Government also states that the death of Mr. Caro, which it condemns with the utmost horror, is not an act of trade union persecution but a crime carried out, despite the efforts made by the Government, by subversive groups which have not yet accepted the offer of peace made by the Government which in political and juridical terms is both generous and humanitarian.

C. The Committee's conclusions

1. 279. The Committee notes the allegations of the complainants concerning the death of Miguel Angel Caro Henao (treasurer of SINTRAEXPOBAN), and the serious physical injuries suffered by Julio Arturo Jaramillo (president of SINTRAEXPOBAN) as well as the Government's reply.
2. 280. The Committee notes in particular that the Government has stated that Mr. Caro's death was not the outcome of any trade union persecution undertaken by the Colombian State but that it was a crime carried out by subversive groups. The Committee also notes the efforts being made by the Government to eliminate terrorism.
3. 281. On previous occasions when examining allegations concerning the death or physical injury of trade union leaders (see for example, 233rd Report, Case No. 1233 (El Salvador), para. 683), the Committee has requested the Government to undertake without delay an independent judicial inquiry with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties. The Committee deeply deplores the death of the trade union leader, Miguel Angel Caro Henoa and the serious physical injuries suffered by the trade union leader, Julio Arturo Jaramillo, and requests the Government to undertake without delay a judicial inquiry in this connection and to keep it informed.
4. 282. The Committee draws the Government's attention to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the human life and personal safety, are fully guaranteed and respected (see, for example, 233rd Report, Case No. 1239 (Colombia), para. 212).

The Committee's recommendations

1. 283. In these circumstances, the Committee recommends the Governing Body to approve the present report, and in particular, the following conclusions:
   • (a) The Committee deeply deplores the death of the trade union leader, Miguel Angel Caro Henao and the serious physical injuries suffered by the trade union leader, Julio Arturo Jaramillo.
   • (b) The Committee requests the Government to undertake without delay a judicial inquiry into the events with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties, and to keep it informed thereon.
   • (c) The Committee draws the Government's attention to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular, those related to human life and personal safety, are fully guaranteed and respected.