Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 254, Mars 1988

Cas no 1376 (Colombie) - Date de la plainte: 17-JUIL.-86 - Clos

1. 238. The Committee on Freedom of Association last examined this case at its meeting of November 1987 (see 253rd Report of the Committee on Freedom of Association, paras. 328 to 342, approved by the Governing Body at its 238th Session (November 1987).). Since then, the Government has sent new observations in communications dated 4, 9 and 16 December 1987 and 21 and 26 January 1988.
2. 239. 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. 240. This case concerns the death or disappearance of numerous trade unionists. At its meeting of November 1987, the Committee deeply deplored the death or disappearance of the trade unionists referred to in the complaints and requested the Government to keep it informed of any developments in the judicial investigations, particularly those relating to the deaths of trade unionists Carlos Betancourt Bedoya, Bernardino García, Jairo Blandón, Jesús Francisco Guzmán, Fernando Bahamón Molina, Euclides Garzón and Narciso Mosquera. The Committee hoped to receive the information which the Government stated it would send regarding the death of trade unionists Esteban Hernández and Raúl Higuita and the death threats allegedly received by trade unionists Fernando Pérez and Asdrúbal Jiménez Vaca. The Committee also noted the information provided by the Government to the effect that the investigations into the disappearance of trade unionists Gildardo Ortiz Cardozo and Gentil Plazas had been temporarily closed with a view to gathering evidence.

B. The Government's reply

1. 241. In its communication dated 4 December 1987, the Government states that the Ministry of Labour and Social Security has intensified its labour activities in view of the disruption of public order occurring in the Uraba region. In particular, on 10 September 1987, a standing committee consisting of representatives of the political parties, the trade unions, the church, and civic and government bodies was set up with the aim of carrying out a permanent assessment of the social situation in order to achieve complete normalisation in the region. The basic purpose of this committee is to analyse the situation and draw up measures to guarantee peaceful coexistence. There are also plans to set up a special labour office with headquarters in Apartadó, to start work in January 1988, in order to reinforce the activities of the Ministry in the area; in addition, in accordance with the powers conferred by Act No. 30 of 1987, labour circuit courts will be set up, to begin working in January 1988.
2. 242. The Government states further in its communication that the deaths which occurred in this area are being investigated in full independence by the judges of the Republic, and that the Ministry of Labour therefore has no access to the investigation files. Lastly, the Government states once again that it will continue to send information as soon as it is received and that it will co-operate fully in elucidating the events which occurred in this region, in which, affirms the Government, the public order has been disrupted, and the Government therefore considers that it is not a specific labour situation such as would concern the Committee on Freedom of Association.
3. 243. In its communication dated 9 December 1987, the Government provides the following information: as regards the death of Francisco Esteban Hernández Doria, the 16th judge of the Criminal Court of Apartadó (Antioquia) stated that the death of the trade unionist Hernández Doria occurred on the morning of 4 July 1987 and not 1 July or 1 April, and that the investigation No. 414, was being conducted by his office. The summary of the investigation is now being examined by the Departmental Police Inspectorate of Riogrande with a view to identifying the guilty party or parties.
4. 244. As regards the death of Narciso Mosquera, the 13th judge of the Criminal Court of Medellén (Antioquia) stated that his office is carrying out the preliminary investigations into this death, but has not yet been able to identify the guilty party or parties, although the investigation is proceeding normally.
5. 245. As regards the death threats allegedly made against Fernando Pérez and Asdrúbal Jiménez Vaca, the Government observes that the latter have brought no formal charges concerning the alleged threats; this was confirmed by the Commander of the Tenth Brigade of the army, which has its headquarters in Corepa (Antioquia). The Government adds that the trade union organisations make rash accusations based on hypothetical events, without availing themselves of the procedures granted by law for these purposes.
6. 246. In its communication of 16 December 1987, the Government states that, as regards the deaths of Francisco Guzmán, Bernardino García and Jairo Blandón, the municipal Criminal Judge of Piedecuesta has begun the preliminary investigations in her inquiry into the identity of those responsible for the deaths without there being any positive identification to date; the Judicial Police will, however, continue their inquiries and any progress will be communicated to the ILO.
7. 247. In its communication of 21 January 1988, the Government states that after many inquiries Mr. Luis Angel Parra Medina has been charged with the murder of the trade unionist Fernando Bahamón Molina. It supplies a copy of the official letter No. 002366 of 30 October 1987, signed by the Regional Prosecutor of Caquetá which indicates the developments in the inquiries which resulted in the authorities identifying the author of the crime.
8. 248. In its communication of 26 January 1988, the Government states that the 14th Criminal Investigating Judge of Barrancabormeja (Santander) is continuing the investigations into the death, on 15 July 1987, of Euclides Garzón, but it has not been possible to date, to identify the guilty parties. The Government adds that, as regards the alleged death of Raúl Higuita, the 47th Criminal Investigating Judge of Apartadó stated that Mr. Higuita is not dead and is working on the "El Chispero" farm according to José Oliverio Molina, Secretary of SINTRABANANO; last year he was simply suffering a few wounds, which is why he was cited before the Courts' Offices with a request for more information. According to the Government, there is no basis for this part of the complaint, since Mr. Higuita has not lost his life and the wounds from which he was suffering are being investigated by the criminal courts. Finally, the Government states that, in its analysis of the facts, it is indispensable for the Committee to take account of the fact that the victims, their families and the organisations to which they belong often do not co-operate with the authorities and this greatly hampers the administration of final justice.

C. The Committee's conclusions

1. 249. The Committee wishes to express once again its profound concern at the large number of trade unionists who have been killed or have disappeared in the Uraba region. The Committee wishes to recall once more that a climate of violence leading to the murder or disappearance of trade union leaders constitutes a serious obstacle to the exercise of trade union rights; such acts warrant strict measures by the authorities.
2. 250. In this case, the Committee notes the efforts undertaken by the Government to seek solutions to the situation affecting the region. The Committee observes in particular that, according to the new information provided by the Government, judicial investigations are being carried out into the deaths of Francisco Esteban Hernández and Narciso Mosquera. In addition, it takes due note of the fact that the trade unionist Raúl Higuita is alive, but has been wounded, a fact which is being looked into by the judicial authorities.
3. 251. The Committee takes note of the information supplied by the Government on the judicial inquiries being pursued in an effort to identify those responsible for the death of the trade unionists Francisco Guzmán, Bernardino García and Jairo Blandón which for the moment have not led to any positive identification. The Committee also notes that, according to information supplied by the Government, Mr. Luis Angel Perra Medina has been charged for the murder of the trade unionist Fernando Bahamón Molina.
4. 252. At the same time, the Committee notes the information sent by the Government to the effect that the trade unionists Fernando Pérez and Asdrúbal Jiménez Vaca did not bring formal charges before the ordinary courts for the death threats which they allegedly received. In this respect, the Committee wishes to recall in general terms that trade union rights can only be exercised in an atmosphere which is free of violence, coercion or threats of any kind against trade unionists and that it is for the Government to guarantee respect of this principle.
5. 253. As regards the judicial investigations into the deaths of the trade unionists Carlos Betancourt Bedoya, Euclides Garzón and Narciso Mosquera and the disappearance of Gildardo Ortiz Cardozo and Gentil Plazas, the Committee requests the Government to keep it informed of developments in all of the judicial proceedings relating to the death or disappearance of trade unionists referred to in this complaint and once again expresses the hope that it will be possible, in the near future, to identify and punish the guilty parties.

The Committee's recommendations

1. 254. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee deeply deplores the death or disappearance of a large number of trade unionists and recalls that a climate of violence leading to the murder or disappearance of trade unionists warrants severe measures by the authorities in order to identify and punish the guilty parties. The Committee requests the Government to keep it informed of developments in the current judicial investigations.