Interim Report - Report No 411, June 2025

Case No 2761 (Colombia) - Complaint date: 08-FEB-10 - Active

Allegations: The complainant organizations allege acts of violence (murders, attempted murders and death threats) against trade union leaders and members

1. 189. The Committee has examined the substance of Case No. 2761 on eight occasions [see 363rd, 367th, 380th, 383rd, 389th, 393rd, 401st and 407th Reports], most recently at its meeting of June 2024, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 407th Report, paras 106–128, approved by the Governing Body at its 351st Session]. 
2. 190. The Government sent its observations in communications dated 12 March, 3 April and 6 May 2025.
3. 191. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 192. At its meeting in June 2024, the Committee made the following interim recommendations concerning the allegations presented by the complainant organizations [see 407th Report, para. 128]:
   • (a) While welcoming the significant actions taken in this regard and in accordance with the policy of recognition and collective reparation for the harm suffered by the trade union movement and its members, the Committee requests the Government to continue intensifying inter-institutional efforts to, on the one hand, solve and punish all cases of homicide and anti-union violence and, on the other hand, effectively protect members of the trade union movement exposed to risk. The Committee specifically requests the Government to:
   • (b) While welcoming the results achieved to date, the Committee requests the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are solved and that the perpetrators and instigators are convicted, and to provide detailed information on the progress of the investigations under way and on the content of the sentences handed down.
   • (c) The Committee draws the special attention of the Governing Body to the seriousness and urgency of this case.

B. The Government’s reply

1. 193. In its communication dated 12 March 2025, the Government makes reference to the State policies intended to protect members of the trade union movement against acts of anti-union violence. The Government states firstly that: (i) through ruling No. SU-546 of 2023, the Constitutional Court found the situation of social leaders and human rights defenders – a group that includes trade union leaders – to be an “unconstitutional state of affairs”; (ii) in accordance with the aforementioned ruling and of article 109 of the National Development Plan Act (Act No. 2294 of 2023), the Ministry of the Interior’s Human Rights Directorate is moving forward with the development of the comprehensive government policy to safeguard the work of defending human rights and social leadership; (iii) on 11 and 12 March 2025, bilateral meetings were held to agree on the foundations of the aforementioned government policy, with the participation at those meetings of a spokesperson from the trade union movement; and (iv) in accordance with a commitment made at the permanent round table for coordination with trade union confederations, the Ministry of the Interior’s Human Rights Directorate provided assistance to the Comprehensive Victim Support and Reparation Unit (UARIV), with a view to sharing the contents of the draft plan of action for the comprehensive government policy with representatives of the trade union movement registered for collective reparation (the Colombian Federation of Education Workers (FECODE), CUT, CTC and CGT).
2. 194. Secondly, the Government recalls that the National Protection Unit (UNP) is promoting actions intended to safeguard the life and integrity of trade union leaders and members who find themselves in situations of extraordinary or extreme risk, through the Prevention and Protection Programme (PPP), which allows for the implementation of various measures that are generated by means of a risk assessment.
3. 195. The Government goes on to provide detailed updated figures on the protection measures provided to members of the trade union movement by the UNP through the PPP. These figures show that, in 2024: (i) 314 risk assessments were conducted; (ii) 245 members of the trade union movement were provided with a protection programme; and (iii) more than 50 per cent of the members of the trade union movement who were provided with protection measures came from 4 of the country’s 32 departments (Bogotá, Valle del Cauca, Santander and Norte de Santander).
4. 196. In its communication dated 6 April 2025, the Government refers to the actions carried out to investigate the homicides and other acts of violence against members of the trade union movement and to punish those responsible. In accordance with its institutional commitment to prioritize the protection of specific populations, such as human rights defenders and trade unionists, the Government recalls that the Public Prosecutor’s Office has drawn up a Strategy for the investigation and prosecution of homicides of trade union members and human rights defenders, including trade union leaders. Under this strategy, implemented since 2020 under the leadership of the Public Prosecutor, the Public Prosecutor’s Office still has the support of the Special Investigation Unit for certain cases of homicide against union leaders, while the Representative for Territorial Security continues to work on cases of homicide in which the victims, although they were trade union members, did not have leadership roles. The Government highlights that the focus on the victimization of members of the trade union movement is a priority institutional objective, established in the Strategic Guidance 2024–2028, under the heading of “experience and innovation in service of justice”. The measures implemented to address the harm suffered by trade unionists also involve the Directorate for High-level Studies, in the design and execution of periodic training programmes for public prosecutors and investigators dealing with these crimes, and the Directorate of International Affairs, which continues to comply with international commitments on the matter. The Government adds that: (i) the victimology protocol for serious human rights violations, drawn up in 2022, continues to be implemented, with the goal of strengthening the attention on and addressing of these cases; (ii) the Public Prosecutor’s Office’s Representative for Territorial Security carries out exhaustive follow-up of all public prosecutors responsible for these cases at the national level, constantly monitoring the progress of the investigations, with a view to centralizing information on the cases, including data about the victims, the possible motives, the status of the proceedings and the relevant characterization of those proceedings; (iii) links have been strengthened with other institutions, such as the Ministry of Labour, with a view to sharing information about the victims and identifying which of the related cases has certification to prove trade union membership. This inter-institutional collaboration enables the trade union status of the victims to be established precisely.
5. 197. The Government states that, according to information from the aforementioned institution, between 1 January 2017 and 1 December 2024, 132 cases of homicide of members of the trade union movement were reported to the Public Prosecutor’s Office, and 3 of those cases are being investigated by the Special Jurisdiction for Indigenous Affairs and 1 in the Military Criminal Court. The Public Prosecutor’s Office states that the use of its investigative strategies has enabled progress to be made in 60.16 per cent (77 cases) of the 128 homicides that are being investigated through the ordinary courts, as follows: (i) sentences are being served in 21 cases (convictions); (ii) 1 case ended with a not guilty verdict; (iii) 27 cases are at the trial stage; (iv) charges have been brought in 11 cases; (v) in another 11 cases, arrest warrants have been issued by a judge; and (vi) 6 cases have been closed due to the death of the accused. The Public Prosecutor’s Office highlights that significant progress was made in 2024 towards procedural momentum in these homicides (in 2021 progress stood at 43.16 per cent with advances in 41 cases, in 2022, it was at 46.82 per cent with procedural advances in 53 cases, and in 2024, as indicated above, this has increased to 60.16 per cent).
6. 198. The Government states that, in 2024, the Public Prosecutor’s Office reports that it was made aware of nine homicide cases of trade unionists, which are being investigated through the ordinary courts. To date, progress has been made in 45 per cent of the investigations, with significant procedural momentum in these cases. In addition, the Public Prosecutor’s Office is continuing to monitor the crime of violation of the rights to assembly and association, implementing actions to make progress in the legal proceedings and to improve the training of public prosecutors on these issues.
7. 199. The Government states in addition that, according to the Public Prosecutor’s Office, the Specialized Directorate against Human Rights Violations also continued its work in several cases relating to events that occurred between 2011 and 2016. In this regard, in its communication of 6 May 2025, the Government states that the use of the Public Prosecutor’s Office’s investigative strategies has enabled progress to be made in 45.14 per cent (65 cases) of the 144 cases of homicide (145 victims) committed between 2011 and 2016 that are being investigated through the ordinary courts. In this regard, the Government notes that: (i) sentences are being served in 44 cases, with convictions against 58 people; (ii) 3 cases ended with a not guilty verdict; (iii) 9 cases are at the trial stage; (iv) 3 cases are under investigation with arrest warrants issued by a judge; and (v) 6 cases have been closed due to the death of the accused. With regard to the identification of the perpetrators and instigators of the aforementioned homicides committed between 2011 and 2016, the Government states that through monitoring and study of the convictions obtained, it has been established that, mostly, the actions of the 58 persons convicted were carried out by members belonging to Organized Armed Groups, Organized Crime Groups and Organized Common Crime Groups.
8. 200. The Government then includes the information provided by the Public Prosecutor’s Office on the acts of anti-union violence against the leaders and members of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) reported under Case No. 3074. Firstly, the Government refers to 43 investigations relating to homicides or attempted homicides reported under Case No. 3074. It states in this regard that: (i) the victims belonged to community action boards or to other trade union organizations; and (ii) procedural advances have been made in 79.07 per cent of cases, which is 34 cases (sentences are being served in 21 cases, 11 cases are at the trial stage and 2 cases have been closed, 1 of which due to the death of the accused).
9. 201. The Government adds that the Public Prosecutor’s Office has recorded 23 cases of complaints of threats against members of the UTP that have led to investigations, 2 of which are still active. The Government states that in all cases all possible tools have been used in full application of due diligence.

C. The Committee’s conclusions

1. 202. The Committee recalls that Cases Nos 2761 and 3074 relate to the alleged murder of numerous leaders and members of the trade union movement and to many other acts of anti-union violence. The Committee recalls that in its previous examinations of these cases, it welcomed the significant action taken by the competent authorities to ensure that the fight against anti-union violence constitutes a State priority through broad inter-institutional coordination and took note of the progress reported in the investigations of the acts of anti-union violence.
2. 203. With regard to the specific measures taken by the competent authorities to further improve the effectiveness of investigations into acts of anti-union violence, the Committee notes that, after reaffirming that the focus on the victimization of members of the trade union movement is a priority institutional objective, the Government states that: (i) since 2020 the Public Prosecutor’s Office is continuing to implement the Strategy for the investigation and prosecution of homicides of trade union members and human rights defenders, including trade union leaders; (ii) the victimology protocol for serious human rights violations, drawn up in 2022, continues to be implemented; (iii) within the Public Prosecutor’s Office, under the strategic leadership of the Public Prosecutor, the investigation of homicides of members of the trade union movement has, among other things, the support of the Special Investigation Unit for certain cases of homicide against union leaders, of the Representative for Territorial Security through contacts with all the public prosecutors in the country with a view to centralizing information on the cases, the possible motives, the status of the proceedings and the relevant characterization of those proceedings, and the Directorate for High-level Studies for the periodic training of public prosecutors and investigators dealing with those cases.
3. 204. The Committee also takes note of the information provided by the Government on the results achieved with respect to investigating, solving and punishing the homicides of trade unionists. With regard to the homicides committed between 2011 and 2016, the Government notes that progress has been recorded in 45.14 per cent (65 cases) of the 144 cases of homicide (145 victims) committed between 2011 and 2016 that are being investigated through the ordinary courts. In this regard, the Government informs that: (i) sentences are being served in 44 cases, with convictions against 58 people; (ii) 3 cases ended with a not guilty verdict; (iii) 9 cases are at the trial stage; (iv) 3 cases are under investigation with arrest warrants issued by a judge; and (v) 6 cases have been closed due to the death of the accused. With regard to the homicides committed between 2017 and 2024, the Government indicates that progress has been recorded in 60.16 per cent (77 cases) of the 128 homicides that are being investigated through the ordinary courts, in that: (i) sentences are being served in 21 cases (convictions); (ii) 1 case ended with a not guilty verdict; (iii) 27 cases are at the trial stage; (iv) charges have been brought in 11 cases; (v) in another 11 cases, arrest warrants have been issued by a judge; and (vi) 6 cases have been closed due to the death of the accused. The Government adds that 45 per cent of the nine homicides committed in 2024 already have significant procedural momentum.
4. 205. The Committee takes due note of these various elements and once again welcomes the efforts made and the results achieved in the criminal justice response to the homicides of members of the trade union movement. The Committee observes in particular that the number of homicides of members of the trade union movement committed since 2017 that have seen procedural advances (identification of the alleged perpetrator) has risen from 53 in 2022 to 77 at the end of December 2024.
5. 206. The Committee also notes that, despite the efforts made and the progress achieved by the criminal justice system, a significant proportion of the homicides of members of the trade union movement committed since the opening of this case remain unsolved and the perpetrators have not been convicted. While taking due note of the Government’s indication that the majority of the homicides of members of the trade union movement committed between 2011 and 2016 that led to convictions were carried out by members belonging to Organized Armed Groups, Organized Crime Groups and Organized Common Crime Groups, the Committee also once again notes the absence of detailed data on the identification and conviction of instigators of acts of anti-union violence. The Committee once again emphasizes in this regard that the investigations should focus not only on the individual perpetrator of the crime but also its instigators, with the aim of ensuring that justice is fully done and preventing future acts of violence against trade union members, an aspect that is especially important in the context of Colombia.
6. 207. In the light of the above, while welcoming the significant actions taken in this regard, the Committee requests the Government to continue intensifying inter-institutional efforts to solve and punish all cases of anti-union violence. The Committee specifically requests the Government to: (i) in light of the role played by armed organized crime groups in the commission of homicides of members of the trade union movement, provide more details on the support provided by the Special Investigation Unit in the solving of these cases; and (ii) provide detailed information on the identification and punishment of the instigators of acts of anti-union violence and the specific efforts made in this regard.
7. 208. With regard to the actions taken by the State to protect members of the trade union movement exposed to risk, the Committee takes note that the Government states firstly that: (i) through ruling No. SU-546 of 2023, the Constitutional Court found the situation of social leaders and human rights defenders – a group that includes trade union leaders – to be an “unconstitutional state of affairs”; and (ii) in accordance with the aforementioned ruling and of Act No. 2294 of 2023, the National Development Plan Act, the Ministry of the Interior’s Human Rights Directorate is moving forward with the development of the comprehensive government policy to safeguard the work of defending human rights and social leadership through consultations that include the trade union movement. The Committee also takes note of the detailed updated figures on the protection measures provided to members of the trade union movement by the UNP, according to which in 2024: (i) 314 risk assessments were conducted; (ii) 245 members of the trade union movement were provided with protection measures; and (iii) more than 50 per cent of the members of the trade union movement who were provided with protection measures came from 4 of the country’s 32 departments (Bogotá, Valle del Cauca, Santander and Norte de Santander).
8. 209. The Committee takes due note of this information. The Committee welcomes the substantial measures taken by the competent authorities to provide protection programmes to members of the trade union movement exposed to risk, as well as the ongoing efforts to develop a comprehensive government policy to safeguard the work of defending human rights and social leadership. Notwithstanding the above, the Committee expresses its deep concern at the persistence of the phenomenon of anti-union violence in the country and, in particular, at the nine homicides of members of the trade union movement committed in 2024, as reported by the Public Prosecutor’s Office.
9. 210. In light of the above, the Committee requests the Government to continue its ongoing inter-institutional efforts to prevent acts of anti-union violence, particularly in the geographical areas that are most affected, as well as in the sectors of activity that were indicated in previous communications as being particularly exposed [see 393rd Report, para. 93]. The Committee also requests the Government to: (i) keep it informed about the adoption and implementation of the comprehensive government policy to safeguard the work of defending human rights and social leadership and its impact on the protection of all trade union leaders; and (ii) continue regularly consulting the trade union movement about the design and implementation of the aforementioned protection policies.
10. 211. With regard to the acts of anti-union violence against UTP leaders and members reported in Case No. 3074, the Committee takes note of the information from the Public Prosecutor’s Office provided by the Government, according to which: (i) with respect to the 43 investigations relating to homicides or attempted homicides reported in the context of that case, procedural advances have been made in 79.07 per cent of cases, which is 34 cases (sentences are being served in 21 cases, 11 cases are at the trial stage and 2 cases have been closed, 1 of which due to the death of the accused); and (ii) 23 cases have been recorded of complaints of threats against members of the UTP that have led to investigations, 2 of which are still active, and in all cases all available tools have been used in full application of due diligence.
11. 212. The Committee takes due note of this information and, in particular, that, since the previous examination of the case, convictions have been handed down in ten more cases of homicides of UTP members. While welcoming this progress, the Committee observes, on the one hand, that it still has not received the requested information on the motives behind the homicides for which convictions were handed down, or on whether the convicted persons were both instigators and perpetrators of the acts and whether the sentencing process identified any links between the individual murders of UTP members and, on the other hand, that the Government states – without providing further details – that the victims were also members of community action boards and other trade unions. In this respect, the Committee recalls that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 96]. While welcoming the increase in the number of convictions handed down to date, the Committee requests the Government to continue making all necessary efforts to ensure that all the homicides and attempted homicides of UTP leaders and members reported in this case are solved and that the perpetrators and instigators are convicted, and to provide detailed information on the motives behind the homicides for which convictions were handed down as well as on the progress of the investigations under way.

The Committee’s recommendations

1. 213. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While welcoming the significant actions taken and the results achieved in this regard, the Committee requests the Government to continue intensifying inter-institutional efforts to solve and punish all cases of anti-union violence. The Committee specifically requests the Government to: (i) in light of the role played by armed organized crime groups in the commission of homicides of members of the trade union movement, provide more details on the support provided by the Special Investigation Unit in the solving of these cases; and (ii) provide detailed information on the identification and punishment of the instigators of acts of anti-union violence and the specific efforts made in this regard.
   • (b) Welcoming the substantial measures taken by the competent authorities on the matter, the Committee requests the Government to continue its ongoing inter-institutional efforts to prevent acts of anti-union violence, particularly in the geographical areas and sectors of activity that are most affected. The Committee also requests the Government to: (i) keep it informed about the adoption and implementation of the comprehensive government policy to safeguard the work of defending human rights and social leadership and its impact on the protection of all trade union leaders; and (ii) continue regularly consulting the trade union movement about the design and implementation of the aforementioned protection policies.
   • (c) While welcoming the increase in the number of convictions handed down to date, the Committee requests the Government to continue making all necessary efforts to ensure that all the homicides and attempted homicides of leaders and members of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) reported in this case are solved and that the perpetrators and instigators are convicted, and to provide detailed information on the motives behind the homicides for which convictions were handed down as well as on the progress of the investigations under way.
   • (d) The Committee draws the special attention of the Governing Body to the seriousness and urgency of this case.