Allegations: The complainant organizations allege acts of violence (murders,
attempted murders and death threats) against trade union leaders and members
- 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].
- 190. The Government sent its observations in communications dated 12
March, 3 April and 6 May 2025.
- 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
A. Previous examination of the case- 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
B. The Government’s reply- 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).
- 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.
- 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).
- 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.
- 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).
- 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.
- 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.
- 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).
- 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
C. The Committee’s conclusions- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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
The Committee’s recommendations- 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.
