Report in which the committee requests to be kept informed of development - Report No 292, March 1994

1. 230. The Committee has examined these cases on several occasions, most recently at its February 1993 meeting when it presented an interim report to the Governing Body (see 286th Report of the Committee, paras. 346-359, approved by the Governing Body at its 255th (March 1993) Session). The International Confederation of Free Trade Unions (ICFTU) presented new allegations in communications dated 7 July, 2 August and 28 October 1993. The Government sent new observations in communications dated 19 April, 16 September, 12 and 22 October, and November 1993.
2. 231. Colombia has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the cases

1. 232. The complainants' allegations still pending relate to the murder and disappearance of trade union leaders and members; criminal proceedings under way against several trade union leaders; and acts of anti-trade union discrimination in the Bank of Caldas and the National Federation of Coffee Growers.
2. 233. At its meeting of February 1993, the Committee made the following recommendations (see 286th Report of the Committee, para. 359):
   • The Committee also deeply regrets that the Government has not provided information on the murder of trade union official Emilio Rueda Ortíz, as well as on the murder or disappearance several years ago of the following trade union officials and trade unionists. Murdered: Heriberto López (14.2.90), Apolinar Fabra (8.7.90), Román Hernández (17.7.90) and Freddy Enrique Mejía (17.7.90). Missing: Luis Alberto Builes, Alvaro Usuga, Elvia Marina Díaz, Marcial Alonso González and Lucio Serrano Luna. The Committee urges the Government to inform it whether judicial inquiries have been opened with the intention of clarifying the facts and judging and sentencing the guilty parties in order to prevent a recurrence of such situations.
   • The Committee urges the Government to keep it informed of any appeal made to the judicial authorities by the unions of the Bank of Caldas regarding anti-trade union discrimination.
   • The Committee also requests to be kept informed of the results of any appeal for violation of collective agreements against the National Federation (of employers) of Coffee Growers.
   • New allegations
3. 234. In its communication of 7 July 1993 the ICFTU reports that "hired assassins", including children and teenagers armed by drug traffickers and paid to kill, are seriously undermining the stability of democracy in Colombia. They have on numerous occasions attacked the Colombian trade union movement and are continuing to do so. Moreover, the existence of numerous paramilitary groups and/or "death squads" closely linked to the armed forces has seriously affected trade union leaders and workers both in the countryside and in the towns, and these groups are considered responsible for most of the "disappearances". The paramilitary groups (civilian self-defence patrols) were set up by the army to fight against insurgents. In 1989 the Government, acknowledging that these groups were illegal, revoked the order which made it possible for the armed forces to establish them. In practice there has been no change, and the threats and intimidation continue. In February 1989, after a series of murders and following intense and difficult negotiations, the trade union movement reached an agreement with the Government which called, inter alia, for the inclusion of a trade union representative in the Human Rights Commission of the Chief Prosecutor's Office. Despite these efforts, hardly any progress has been made in pacifying the country and protecting it from this bloody violence. In March 1993 the Workers Central Organization of Colombia (CUT) reported that 1,020 trade union leaders and activists had been murdered since the Organization was established in 1987.
4. 235. Specifically, the ICFTU denounces the following acts of violence committed against trade union leaders and trade unionists:
5. In 1991
   • The Federation of Colombian Teachers (FECODE) reported that some of its trade union leaders and members were murdered: Marta Luz Loaiza Valencia, 28 January 1991; Jairo Sandoval Enciso, 6 February 1991; Marta Gavalo Rivas, also in February 1991; Víctor Velázquez Padilla, 20 February 1991; Alberto Gómez, 26 February 1991; Oscar Arias, 5 March 1991; Omar Ramírez and Edgar Osorio, 23 March 1991; José Ignacio Vargas, 27 March 1991; Albeiro Londoño, 2 April 1991; Santos Medivelso Coconubo, 5 April 1991; José Omar Patiño, 7 April 1991; Saúl Espinoza, 8 April 1991; Edgar Poe Foronda, 21 April 1991; Cicerón Ortiz Parada, 18 May 1991. Journalists murdered: Julio Daniel Chaparro and Jorge Torres, in the town of Segovia, 25 April; Libardo Méndez and Carlos Rodríguez, of Radio Caracol, 20 May. Farm workers: On 20 June 1991 Benedicto Cubides, a member of the regional section of the National Association of Farm Workers and Consumers, was arrested by soldiers belonging to the "Luciano D'Eluyer" and "Nueva Granada" army battalions; on 29 June 1991 Alonso Lara Martínez, the Secretary of the Sabana de Torres Communal Action association (in the Department of Santander) and his wife, Luz María Villabona, were killed by soldiers who reportedly belonged to Mobile Brigade No. 2 or to the Guanes Battalion; on 29 June Antonio Palacios Urrea was killed by members of the army in Los Comuneros, a suburb of Fusagasugá, in the Department of Cundinamarca. The following incidents were reported by the Trade Union of the Sugar Cane Industry (SINTRACAÑAZUCOL-CUT) and took place in the San Carlos sugar plantation, in the Department of Valle: on 25 April Aníbal Silvestre was murdered; on 29 April Alvaro Quintero was kidnapped, and his whereabouts are still unknown; on 3 May 1991, a former trade union leader, Guillermo Rojas, was murdered. The Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) reported that in April 1991 Mr. Jacobo Beltrán Novoa, the President of the trade union, received death threats at a SINTRAINAGRO branch established in Ciénega, Department of Magdalena; on 15 May 1991 Alfredo Parejo Gómez, a member of the Disputes Committee, was murdered while on his way to the Toledo farm; on 23 May 1991 Rodrigo Navarro Pinto and Roberto Valet Fuentes, employees of the "Las Brisas" oil company and members of the Puerto Vilches branch of SINTRAINAGRO, were reported missing; on 20 June 1991 Luis Eduardo Padilla, Teófilo Carrillo and David Osuna, members of the Claims Negotiations Committee at the San Pedro farm, were murdered in the Magdalena banana-producing region; on 21 June 1991 Eduardo and Martín Arias, agricultural workers in Puerto Vilches, Santander, were murdered;
6. In 1992
   • Barrancabermeja: on 24 January 1992 24 workers were massacred; on 7 July 1992 the trade unionists Jorge Múñoz Flores and Tarcisio Solórzano Tamayo were murdered; on 9 July 1992 seven farmworkers were killed in a bomb explosion; on 30 July 1992 René Tavera, a member of the National Farmworkers' Association (ANUC) and Parmenio Ruiz, the President of the Trade Union of Drivers of the San Silvestre Transport Company, were murdered; on 23 January 1992 two workers disappeared in the FRONTINO gold-mines in Segovia; on 30 January 1992 Luis Eduardo Sierra, the trade union leader at the mines was arrested by soldiers; in February 1992 Jesús Aníbal Angel was murdered; on 27 January 1992 two members of the Trade Union of Workers of the National Agrarian Institute (SINTRAINAGRO), Antonio Espitia Safra, a member of the national executive, and Jairo Paroi Restrepo, a member, were murdered on the Turbo road in Apartadó, Urabá; on 27 January 1992 Félix Vega Paez and Alvaro Berrío Sotelo, two workers who had represented their trade union in negotiations, were murdered in Carepa, Urabá; on 14 February 1992 three farmworkers were murdered in the Pechilin and Naranjal districts; on 27 March 1992 Mr. Emetrio Rueda, the trade union leader of the FENSUAGRO, was murdered; on 25 April 1992 the farmworker-trade unionist Jaime Marrugo Labriego was murdered; Joaquín Chamorro, a worker, was kidnapped from his residence and killed; on 27 April 1992 four farmworkers were found dead in El Floral; Benancio and Reynaldo Narvaez were tortured and hanged at the Fusileros Army Battalion; Gabriel Tapia was also murdered; on 19 May 1992 Matías Funes, a trade union leader of farmworkers, was attacked at his residence; on 22 June 1992 Gabriel Florez Oviedo, the President of the National Farmworkers' Association (ANUC) of San Vicente de Chucuri, was arrested by people reportedly from the army; on 7 July 1992 Mr. José Ramírez, the trade union leader of the FENSUAGRO, was murdered; on 7 July 1992, Moisés Narvaez Gómez, a clerk of the ANUC, was killed in Sincelejo, Sucre; on 17 July 1992 Luís Ramos Toledo, a rural trade union leader, was killed by members of the Nueva Granada army battalion; on 19 July 1992 Pablo León was tortured and received death threats from members of the army's Mobile Brigade No. 2; on 23 July 1992 Darío Vázquez was murdered; on 18 September 1992 11 farmworkers were murdered in the banana-producing region of Urabá;
7. In 1992-93
8. On 28 January 1993 as the national congress of the CUT was being held, Jesús Alirio Guevara, a member of the national executive of the Workers Central Organization of Colombia (CUT) and the Vice-President of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), was kidnapped in Villa Alicia, in the Apartadó municipal jurisdiction in Urabá, and was later killed; on 26 February 1993 Oliverio Molina, the General Secretary of SINTRAINAGRO, was murdered in Medellín; on 5 March 1993 Arturo Murillo, Orlando Ortega, Jonny N., Wilmar Pájaro, Ercilio Quinto and Ana Acosta were murdered; the same day Dagoberto Herrera and Jairo Bedoya were injured; on 30 January 1992 María Elena Ordóñez and Arturo Valencia, respectively the President and Secretary of Finance of the Trade Union of Electrical Workers of Cauca, were attacked by the police; on 29 February 1992 César Chaparro, a member of the SINTRENAL in La Dorada, Caldas, was arrested (and died on 4 March); on 2 March 1992 Luz Miryam Peñaloza, a member of the Teachers' Trade Union (SINDES) was murdered; on 4 March 1992 a bomb exploded in Yumbo, in the Department of Valle, in the office of Mr. Fidel Castro, the President of the Trade Union of Municipal Workers, injuring trade union members Consuelo Castañeda and Luis Carlos Lozano; on 18 May 1992 the wife of one of the leaders of a CUT local (the Association of Bank and Trade Employees (ADEBIC), of Caldas), was kidnapped and threatened; on 4 June 1992 Samuel Fernando Rojas Motoa, one of the leaders of the CUT in the Cauca valley, was kidnapped and tortured; on 9 June 1992 Humberto Murillo was arrested by soldiers and later murdered; the teacher and trade unionist Jorge Ernesto Bernal Dueñas was constantly threatened by state security forces throughout the year; on 6 July 1992 Luis Eduardo Tejada, the General Secretary of the Trade Union of Workers of Caldas, and Jorge Eliécer Toro, a member of the same union, were murdered in Neira, Caldas; on 6 July 1992 Fabio Giraldo Gil, Vice-President of the Trade Union of Construction Workers (SUTIMAC), was murdered in Nare; Mr. Alvaro Roa, a leader of SUTIMAC, was wounded in an attack in Medellín; on 17 July 1992 Emilio Vásquez Vallecillas, the second Vice-President of the Confederation of Workers of Colombia (CTC) and President of the Trade Union of Workers of the Pichichi Sugar Plantation, was murdered; on 2 October 1992 Audelo Chaparro, Reynaldo Rivera Chaparro and Ismael Amaya were murdered; on 22 November 1992 Amparo Torres, the President of the Trade Union of Employees of the University of the Cauca Valley, was attacked; on 22 November 1992 heavily armed men illegally detained Nubia Jiménez and Elisa Impus, officials of the Workers Central Organization of Colombia (CUT,) as they were travelling to the trade union's premises in Neiva, in the Department of Huila; on 30 May 1993 the following trade unionists were detained in the Quilcacé jurisdiction, on the Vereda Diez de Abril: Gerardo Ordóñez, Treasurer of the Trade Union of Agricultural Workers of Cauca; Luciano Caicedo, Angel Rubén García, Rubén Hernán Muñoz, Adelmo Serna, Jesús María Campo and Manuel Santos Astaiza, all members of the trade union; on 11 June 1993 200 workers from the banana-producing region of Magdalena were arrested; as regards the Colombian Petroleum Enterprise (ECOPETROL) the following incidents took place: on 18 May 1992 Luis Fernando León and Luis Enrique Lázaro Uribe, both members of the enterprise's trade union, were murdered; in January 1993 Mr. Luis Lombana, an ECOPETROL worker and trade union activist in the Workers' Trade Union (USO), a member association of the CUT, was murdered; on 8 January 1993 Mr. Nicomedes Gutiérrez, a member of the USO, was murdered in Barrancabermeja; on 17 February 1993 workers were attacked during a national strike organized by the CUT, and 70 workers were detained (they were later released) in Bogotá, Manizales, Barranquilla, etc., and the Vice-President of the Cartago Public Workers' Trade Union Mrs. María Palacio, was murdered; the same day Mr. Germán Cohen, a town councillor, was murdered in Urabá.
9. 236. In addition, the ICFTU reports numerous violations of the trade union rights of the workers of various enterprises. Specifically, the ICFTU mentions the following cases:
   • - the Holguín Group's steel mill, located in the Indias-Carretera Bolívar industrial zone of Cartagena: in June the factory was paralysed by labour disputes which prompted the workers to form a trade union. As a result nine workers were dismissed, including five members of the recently established trade union;
   • - the Colombian Petroleum Enterprise (ECOPETROL): in 1992, 56 workers were given leave for security reasons, of these only 18 were permitted to return to their jobs; 16 had "temporary work assignments" and two outside the country;
   • - Colgate Palmolive: on 15 January 1991 Héctor Fabio Mendoza Machado, the titular member of the Statutory Claims Commission of the company's trade union, was dismissed even though he held office in the trade union. The labour chamber of the Cali Superior Court ordered his reinstatement in July 1992. The day after his reinstatement was ordered by the competent authorities, he was again dismissed;
   • - at the Croydon footwear enterprise, trade union leaders were threatened and beaten for carrying out work stoppages;
   • - on 23 October 1992 the Trade Union of Workers of the Family Compensation Fund of Cauca reported that trade unionists had been subjected to harassment, including dismissals and the irregular termination of employment contracts;
   • - in February 1993 leaders of the Trade Union of Workers of the Maizena Company in Cali reported that for over one year the "Maizena SA" Corn Industries Company had constantly harassed trade union leaders and workers, in violation of trade union immunity and of the collective agreement;
   • - in the private sector there is a policy whereby "counter claims" are presented and workers, especially those with the most seniority, are pressured to relinquish their rights under the previous scheme, and to accept the provisions of Act No. 50, in effect exchanging their job security for fixed-term contracts (generally for a period of three years), and other flexibility measures. Through the Decree providing for the enforcement of Act No. 60 of 1991, the Government established compensation plans which pay out bonuses to workers who "voluntarily" retire and which pay compensation to dismissed workers;
   • - in September 1991 the Trade Union of Electrical Workers presented a single national list of claims. The Government refused to engage in negotiations with it as a trade union representing the industry. The Government's refusal affected more than 12,000 electrical workers, and when the workers carried out peaceful protests, penalties were imposed on trade union leaders and workers in various locations;
   • - article 50 of the National Constitution recognizes the right to strike, except in essential public services. Since the necessary regulations have not been adopted to give effect to the Constitution, the Government has assumed the right to decide which services are "essential". Trade union leaders, activists and workers have been dismissed on the basis of the "illegality" of work stoppages; this has affected the following numbers of workers: Colombian Port Authority, 8,000; Bogotá Electrical Energy Enterprise, 20; Atlantic Electric Company, 18; Atlantic Coast Electric Corporation, 15; Guavio Hydroelectric Company, 200; Banco Popular, 31; Banco Cafetalero, 27; AVIANCA, 48.
10. 237. In its communication of 2 August 1993 the ICFTU denounces the following acts of violence committed against trade union leaders and trade unionists. Murders: Gustavo and Iván Bedoya of COLCARBURO in April 1993; Jelo Parra, a worker at the Nare Cements enterprise on 20 May 1993; Orlando Gaviria on 20 May 1993; Mr. Luis Carlos Pérez, the President of the Federation of Transport Workers (FEDETRANS), in the Fontibón district in Bogotá on 25 June 1993; Hernando Valencia Laso, a member of the national executive of the Union of State Workers of Colombia (UTRADEC), on 30 June 1993. Kidnapping attempts and detention: on 29 March 1993 two unidentified persons attempted to kidnap Mrs. Teresa Montes Ovalle; on 30 April 1993 three unknown people attempted to kidnap the son of Mrs. Teresa Montes, Javier Enrique Burgos; in April 1993 Mrs. Teresa Montes was illegally interrogated by two men who said they belonged to the Technical Corp of the Special Prosecution's Office; on 29 June 1993 in the town of Duitama, soldiers of the Silva Plazas Battalion stopped Mr. José Joaquín Montes Ovalle's vehicle, in which he was travelling with the daughters of Yolanda and Teresa Montes; they were detained for four hours.
11. 238. In its communication of 28 October 1993 the ICFTU reports that Mr. Jairo Alivio Serrano Rincón (of the national and local directorate of the National Trade Union of Workers of Bavaria) was murdered in September 1993. Finally, the ICFTU reiterates several allegations which were already presented in the framework of Cases Nos. 1620 and 1625, and already examined by the Committee.

B. The Government's reply

1. 239. In its communication of 16 September 1993 the Government states that the right of freedom of association is established in section 38 of Act No. 50 of 1990: "Workers and employers have the right, without prior authorization, to form organizations as they see fit, and to join such organizations, on condition only that they observe their by-laws". Article 39.2 of the National Constitution establishes that: "the internal structure and functioning of trade unions and social and occupational organizations shall be subject to the law and shall respect the principles of democracy". Section 45 of Act No. 50 outlines the requirements which must be fulfilled by each trade union in respect of the law, and section 44 stipulates that: "any trade union is a legal entity by virtue of its very establishment, as from the date of its constitutent assembly".
2. 240. As regards infringements of the right of freedom of association, they are defined as criminal acts and punished in accordance with the detailed provisions of section 39 of Act No. 50 of 1990. They may also give rise to administrative sanctions. The right to freedom of association is now enshrined in the Constitution; through Act No. 50 of 1990, the State has established more effective machinery to ensure the prompt settlement of disputes. Furthermore, the Ministry ensures the right to collective bargaining, facilitating the quick settlement of disputes by intervening when requested to do so by the parties, by convening arbitration courts when called for by law, or by imposing the appropriate penalties on enterprises refusing to enter into a dialogue when claims and demands are filed in due form. In 1993 (through June) 65 new trade union organizations came into existence and 224 collective agreements were signed. (Source: Planning Directorate of the Ministry of Labour.)
3. 241. As regards the possible revision of the Anti-terrorism Act, the Government points out that such action is reserved for the competent government authorities, and namely the Congress of the Republic.
4. 242. As regards the numerous allegations of acts of violence committed against trade unionists, the Government points out that the cases regarding the following people are currently at various stages of investigation: Hernando Valencia Laso, the Montes Ovalle families, Luis Carlos Pérez, Martha Luz Loaiza Valencia, Jairo Sandoval Enciso, Marta Gavalo Rivas, Víctor Vásquez Padilla, Alberto Gómez, Oscar Arias, Omar Ramírez, José Ignacio Vargas, AlbeiroLondoño, José Omar Patiño Rincón, José Santo Mendivelso Coconubo, Edgar Poe Foronda, Cicerón Ortiz Parada, Alejandro Salazar Paz and others (those murdered at Los Uvos), Julio Daniel Chaparro and Jorge Enrique Torres Navas, Alonso Lara Martínez and Marina Villaborna Forero, Bendicto Cubides Forero and María Sánchez, Aníbal Silvestre and Javier Rengifo, Alvaro Quintero, Guillermo Rojas, Jacobo Beltrán Novoa, Alfredo Parejo Gómez, Rodrigo Navarro Pinto and Robert Valet Fuentes, Martín Arias and Eduardo Arias, Luis Eduardo Tejada and others, Antonio Palacios Urrea and others (those murdered at Fusagasugá), Ligia Patricia Cortés Colmenares and others, Félix Juvenal Vega Rodelo, Jaime Arturo Marrugo Jaraba, Benancio and Reynaldo José Narváez Figueroa, Gabriel Ovidio and others, José Ramírez Vergara, Moisés Narváez Gómez, Luis Ramos Toledo, Pablo León, Darío Vásquez and Fernando Sarmiento, Jesús Alirio Guevara Angarita, Aroldo Gallego and others, Oliverio Molina (José Oliveros Molina, according to the Special Prosecutor), María Elena Ordoñez and Arturo Valencia Castillo, Vladimir Hincapié Galeano and César Chaparro Navia, Samuel Fernando Roja Mota, Raquel Judith and Jorge Ernesto Bernal Dueñas, Humberto Murillo and others, and Emilio Valencia Vallecilla. As regards the allegation of a massacre of 24 workers on 24 January 1992 in Barrancabermeja, the Government is certain that this incident did not take place.
5. 243. On the other hand, the Government also reports that the following cases are not included in the Ministry of Labour's registry: Luis Eduardo Padilla, Teófilo Carrillo, David Osuna; 9 July 1992 seven farmworkers murdered by a bomb blast; 23 January 1992 two workers of the Frontino mines; February 1992 Jesús Aníbal Angel; 14 February 1992 the death of three farmworkers in Pechilín and Naranjal; Emeterio Rueda, the leader of FENSUAGRO; 27 April 1992 the death of four farmworkers in El Floral; trade unionist Gabriel Tapia; 19 May 1992 the attack on the leader of the farmworkers' union, Matías Funes; 5 March 1993 deaths in the Manzana and Flora banana farms; 2 March 1992 Luz Miriam Peñaloza, Soacha; Consuelo Castañeda, Luis Carlos Lozano, Yumbo; Alvaro Roa, Medellín, and Nubia Jiménez and Elisa Impus, Nevia.
6. 244. In its communication of 12 October 1993 the Government reports that it is investigating the case of Mr. Valencia Lasso Hernando, that the Montes Ovalle family's complaints are being investigated by the Special Prosecutor, and that no evidence of harassment has been found.
7. 245. In its communications of 19 April and 22 October 1993 the Government reports that the courts have ordered investigations into the murders of Emilio Rueda Ortiz, Heriberto López, Apolinar Fabra, Román Hernández and Freddy Enrique Mejía, and into the disappearances of Luis Alberto Builes, Alvaro Usuga, Marcial Alonso González and Lucio Serrano Luna.
8. 246. In its communication of November 1993 the Government states that, as regards the problem of violence in Colombia and measures being taken to combat it, a plethora of forces contribute to the generalized context of violence in the country. They include widespread social violence, political violence and violence linked to drug trafficking. Among these, according to studies conducted by the CINEP, only 10 per cent is attributable to political violence. It should be emphasized that the Colombian State is not opposed to trade unionism; on the contrary, the Government has every interest in defending the rights of workers. The problem in the country with respect to this defence is one involving the deinstitutionalization of the handling of disputes between the social partners. On the one hand, some employers, allied with officials of the Administrative Department of Security or officials of other state security organizations, are harassing trade union leaders; they are not, however, doing so with impunity. On the other hand, trade unionists are forging alliances with guerrilla and other forces to harass employers or their agents. The State, which is concerned about this generalized violence and deinstitutionalization, is trying to create an awareness that forces having nothing to do with social and labour questions should not interfere in relations between employers and workers.
9. 247. The Government points out that the first phase of the National Strategy against violence, to which it referred in previous communications, resulted in the following successes: greater leadership of the civilian authorities in ensuring security; a stronger system of justice, a better-equipped law enforcement service and a more effective intelligence service; the State has retaken the initiative against those responsible for violent acts; there are fewer kidnappings in Colombia; there is an open door to dialogue for those who genuinely want peace; and the defence and promotion of human rights are priorities for the Government.
10. 248. The Government is making progress in the second stage of the National Strategy against violence, which aims at a policy to ensure that the citizens are safe and that there is peaceful coexistence. This policy is based on a two-pronged approach: the consolidation of efforts to strengthen the systems of justice and law enforcement, and the strengthening of prevention and security, under the leadership of the national Government, the governors and mayors. Toward that end, the following activities will be conducted with a view to overcoming the insecurity in Colombian society: maintaining efforts to strengthen the systems of justice and law enforcement, as well as continuing to modernize the intelligence services, offering them the latest technologies, placing the highest priority on reforming the national police and modernizing the country's penitentiary system; strengthening prevention through comprehensive programmes for those at high-risk; continuing to consolidate the planning of security, justice and defence-related affairs in the country, to draw up policies and find resources within the framework of the National Development Plan; the Government will continue to call upon the community to cooperate with the authorities, conveying the message that the only way to attain greater security is through civil solidarity, with the State and society playing complementary roles.
11. 249. The defence and promotion of human rights have been and remain a priority for the Government. The Government will continue its work of teaching and disseminating the fundamental rules of human rights and will strengthen its monitoring machinery both within and outside public institutions to prevent, investigate and punish any violations. Finally, the Government reports that as regards the death and disappearance of trade unionists in respect of whom it has not provided information, it has communicated their names to the Special Prosecutor and to the Chief Prosecutor with a view to obtaining information on the status of criminal and administrative proceedings under way.
12. 250. As regards the allegations concerning violations of trade union rights at various enterprises, the Government reports the following:
    • - BANK OF CALDAS - NATIONAL FEDERATION OF COFFEE GROWERS: the trade union filed suit in Bogotá against the Bank of Caldas for infringement of the right of association. In addition, suits brought before the regular labour court by the workers covered by trade union immunity have to date resulted in various rulings in their favour. Consequently, the enterprise has had to pay the corresponding compensation along with other legal and contractual benefits. There are currently three claims of trade union immunity in the city of Manizales, and another in Armenia, related to this subject. The Ministry of Labour held to the legal position that the request to convene a binding arbitration court should not be granted, as the workers did not observe the requirements laid down in section 61 of Act No. 50 of 1990;
    • - HOLGUIN STEEL GROUP: numerous workers were dismissed as a consequence of the economic crisis affecting the enterprise. The Ministry of Labour fined the enterprise for not having requested the appropriate authorization. The workers later held a work stoppage, which was declared illegal by the Ministry. The enterprise subsequently reached some agreements with its workers. In the end, the enterprise closed. There is no information as regards ongoing legal proceedings;
    • - COLOMBIAN PETROLEUM ENTERPRISE (ECOPETROL): this is perhaps the enterprise which offers the greatest job security in the country, covering fully 97 per cent of its staff. The remaining 3 per cent is composed of workers who retire every year and also those who pass away prior to retirement. There have been no collective dismissals of workers at the enterprise;
    • - COLGATE PALMOLIVE: in this case the State cannot be held to be at fault, as the legal proceedings concluded that the dismissed worker should be reinstated. The Ministry, for its part, had no legal competence to order such reinstatement. The worker is thus fully entitled to appeal to a regular labour court in the event of a new dismissal. The Ministry shall endeavour to reconcile the differences between the worker and the enterprise and secure his reinstatement as quickly as possible;
    • - CROYDON ENTERPRISE: to date, the Ministry has no knowledge of problems or threats made against unionized workers, nor does it have any knowledge of any allegations made in this respect;
    • - CONFACAUCA ENTERPRISE: the Inspection and Monitoring Division of the Regional Labour Directorate of Cauca issued resolution No. 007 on 3 April 1993, imposing a penalty on Confacauca of the equivalent of seven monthly minimum wages for having violated section 405 of the CST (Labour Code) by transferring a worker protected by trade union immunity. As regards the dismissal of four workers, it was established that each had been subject to disciplinary action culminating in the termination of their contracts, and that no anti-union activities were involved;
    • - MAIZENA ENTERPRISE S.A.: a collective agreement was reached with the participation of the Ministry of Labour, bringing to an end the labour dispute caused by the workers' presentation of a list of claims. There were no actions which could be considered anti-union activities, nor were there any violations of the right to collective bargaining and association. The Government has no knowledge of claims currently pending. As regards the allegation concerning the presentation of counter-claims, the Government points out that no such legal term exists in Colombian law and that the Constitution establishes that all obligations in the country are subject to subsequent modification. The Labour Code thus provides for the possibility of employers' presenting proposals for modifications to clauses in collective agreements whenever they believe their renegotiation likely to be necessary within the framework of collective bargaining; in this way the law ensures equality with regard to the claims which may be raised by the parties at any given time. As regards the Decree providing for the enforcement of Act No. 60 of 1991, under the state modernization and restructuring programme and in light of the economic situation, the Government did indeed establish plans for compensated retirement and bonuses for those workers who retire voluntarily, as well as compensation for those who are dismissed as part of this policy;
    • - TRADE UNION OF ELECTRICAL WORKERS: the single list of claims presented by the trade union of electrical workers was settled when the collective agreement was signed, bringing the dispute to an end. This marked the first time a single list of claims presented by the workers of various electrical enterprises was settled at branch level, thus not only saving time for the parties concerned, but also resources. This has served as an example for other negotiations. There were no attempts to undermine the right of association; collective bargaining took place successfully and neither the trade union leaders nor the workers were penalized as a consequence of the protest mentioned by the complainants. Furthermore, the Government has no knowledge of any claims brought before the regular labour court.
13. 251. As regards the right to strike, this right is enshrined in the National Constitution. The right to strike is nevertheless subject to regulations set by the Congress, which is empowered to determine and define which activities are essential public services. Where the Ministry declared strikes illegal, it acted in accordance with the legislation in force when the events took place. Indeed, it cannot do otherwise as regards public services until the Congress adopts the corresponding regulatory Act. As regards the specific allegations of dismissals at the following enterprises: COLOMBIAN PORTS, BOGOTA ELECTRICAL ENERGY ENTERPRISE, ATLANTIC ELECTRIC ENTERPRISE, ATLANTIC COAST ELECTRIC CORPORATION, GUAVIO HYDROELECTRIC ENTERPRISE, BANCO POPULAR, BANCO CAFETERO and AVIANCA, no dismissals took place as a result of strikes at these enterprises, but all these enterprises have been restructured as a consequence of the policy of economic openness and the modernization of the State.

C. The Committee's conclusions

1. 252. The Committee notes that the allegations in this case refer to the murders of and numerous acts of violence against trade union leaders and trade unionists, to acts of anti-trade union discrimination and violations of trade union rights at various enterprises.
2. 253. As regards the acts of violence, the Committee notes from the Government's replies: that there is a generalized climate of violence in the country, fueled by a variety of forces (drug traffickers, guerrilla groups, paramilitary groups, criminals, death squads, etc.); that the State is not opposed to trade unions, but on the contrary is very interested in defending the rights of workers; that the Government's efforts have been hampered in defending these rights by the fact that some employers have become associated with certain officials of the Administrative Department of Security or officials of other state security organizations which harass trade union leaders, while on the other hand, some trade unionists have become associated with guerrilla and other forces in order to harass employers or their agents; that the State is trying to create an awareness that forces have nothing to do with social and labour questions should not interfere in relations between employers and workers; that during the first phase of the National Strategy against violence some progress was made (greater leadership of the civil authorities in ensuring security, a stronger and better-equipped justice system, fewer kidnappings, etc.); that the second stage of the Strategy against violence is based on a two-prong approach including the strengthening of the justice system and forces of public order, as well as the strengthening of preventive measures and security planning under the leadership of the national Government, the governors and mayors. Finally, the Committee notes that the Government states that the defence and promotion of human rights have always been and remain a priority for the Government, that the teaching and dissemination of the fundamental rules of human rights will continue, and that monitoring of human rights will be strengthened to prevent, investigate and punish all violations.
3. 254. The Committee first of all notes the difficult situation in the country, and in particular the upsurge of violence; it emphasizes the extreme gravity of the new allegations, which refer to the death and disappearance of numerous trade union leaders and trade unionists, which it deeply deplores. The Committee also must recall that a climate of violence such as that surrounding the murder or disappearance of trade union leaders constitutes a serious obstacle to the exercise of trade union rights and that such acts require severe measures to be taken by the authorities.
4. 255. More specifically, as regards the allegations of murders, disappearances, attacks and death threats against trade union leaders and trade unionists, the Committee deeply deplores these killings and violations of the basic human rights of a large number of trade union leaders and trade unionists. The Committee notes the observations of the Government according to which more than 61 of the cases reported are in various stages of investigation, and that information on the status of legal and/or administrative proceedings currently under way has been requested from the competent authorities for the other cases. Similarly, as regards the allegation of the massacre of 24 workers in Barrancabermeja, the Committee notes that the Government denies that this incident took place. In these circumstances the Committee requests the Government to keep it informed of developments in the legal proceedings under way. The Committee recalls that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights.
5. 256. As regards the allegations pending concerning the murders of the following trade union leaders: Heriberto López, Apolinar Fabra, Román Hernández and Freddy Enrique Mejía, and the disappearances of Luis Alberto Builes, Alvaro Usuga, Elvia Marina Díaz, Marcial Alonso González and Lucio Serrano Luna, the Committee notes that the Government reports that these incidents are currently the subject of criminal inquiries. The Committee requests the Government to keep it informed of developments in these proceedings.
6. 257. As regards the allegations concerning detention and arrests, the Committee regrets that the Government did not send observations on the same. The Committee notes that, according to the complainants, the 70 workers detained in relation with the national strike of 17 February 1993 were released. As regards the other alleged cases of detention (22 November 1992, 30 May and 11 June 1993) the Committee is unable to determine whether those concerned have been released. The Committee therefore requests the Government to keep it informed of any such release and of any indictments which may have taken place, indicating the charges. The Committee draws the attention of the Government to the fact that the arrest - even if only briefly - of trade union leaders and trade unionists for exercising legitimate trade union activities constitutes a violation of the principles of freedom of association (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 88).
7. 258. As regards the allegations of anti-trade union discrimination at the Bank of Caldas and the National (employers') Federation of Coffee Growers, the Committee notes that the Government states that the SINDEBANCALDAS trade union filed suit against the Bank of Caldas for infringement of the right of association, that the workers protected by trade union immunity have filed appeals with the labour court and that appeals have been filed in the cities of Manizales and Armenia. In these circumstances the Committee requests the Government to keep it informed of the outcome of these appeals filed and emphasizes the principle according to which no one should be subject to anti-trade union discrimination for carrying out legitimate trade union activities.
8. 259. As regards the allegations of violations of the rights of workers at various enterprises, the Committee notes that the Government reports that in the case of the Holguín Steel Group numerous workers were dismissed from the enterprise for economic reasons, that the Ministry of Labour penalized the enterprise for not having requested the appropriate authorization and that the workers came to an agreement with the enterprise, which subsequently closed. Similarly, the Committee notes that the Government denies that any dismissals took place at the ECOPETROL enterprise, and claims that in the case of the Maizena S.A. enterprise, there were no anti-trade union activities and that the workers signed a collective agreement. Furthermore, the Committee notes that in the case of the allegation concerning the Trade Union of Electrical Workers, the Government points out that a collective agreement was signed bringing the dispute to an end, and denies that workers were penalized as a consequence of the protest mentioned by the complainants.
9. 260. As regards the alleged dismissal of the trade union leader Mr. Héctor Fabio Mendoza Machado from the Colgate Palmolive enterprise even though his reinstatement had been ordered by a court of law, the Committee notes that the Government confirms that this second dismissal took place, and that while the worker may once again file suit, the Ministry will endeavour to reconcile the parties with a view to obtaining his reinstatement. The Committee trusts that the Government's handling of this case will ensure the permanent reinstatement of the dismissed trade unionist and requests the Government to keep it informed in this respect.
10. 261. As regards the allegation concerning threats and beatings to which various trade union leaders were subjected at the Croydon enterprise, the Committee notes that the Government reports that it has no knowledge of problems or threats against the unionized workers of the enterprise, as no complaints have been filed. The Committee would like to point out that although those concerned have not filed suit at the national level, a complaint has been presented to the Committee. The Committee thus requests the Government to carry out an inquiry, and should the allegations prove to be founded, to take the measures necessary to sentence the guilty parties in order to prevent a recurrence of such situations.
11. 262. As regards the allegations concerning the dismissal of trade unionists of the Cauca Family Compensation Fund and proceedings initiated against them, the Committee notes that the Government states that the enterprise was penalized for having transferred a worker protected by trade union immunity and that four workers were dismissed after the appropriate disciplinary procedures were fulfilled. The Committee observes that although the complainants do not provide specific information concerning this allegation (the number of trade unionists concerned, names, dates of dismissal, the beginning of legal action, etc.), the Government provides no information concerning the specific incidents leading to the disciplinary procedures. In these circumstances the Committee requests the Government to carry out an inquiry in this respect and, should it be confirmed that the workers were dismissed for exercising their trade union activities, to take measures to ensure that they are reinstated in their posts.
12. 263. As regards the allegation to the effect that there is a policy in the private sector of presenting counter-claims and pressuring workers to give up their previous conditions of employment to become subject to the provisions of Act No. 50 (replacing their job security with fixed-term contracts) and that the Government, through a Decree providing for the enforcement of Act No. 60, established compensated retirement plans consisting of bonuses for those voluntarily retiring and compensation for dismissed workers, the Committee notes that the Government states that the Labour Code provides for the possibility that employers may propose modifications to clauses in collective agreements when they consider that they may be renegotiated. The Committee observes that these allegations are formulated in extremely general terms, without specific data. None the less, the Committee observes that as regards the problems of the application of Act No. 50 and the Decree providing for the enforcement of Act No. 60, which were promulgated as part of the state modernization programme, it has already had occasion to express its opinion, and takes this opportunity to reiterate its conclusions (see 286th Report, Case No. 1625 (Colombia), paras. 395-397):
    • The Committee takes note of the Government's statements on short-term contracts of employment and their alleged generalization as a result of Act No. 50 and on the thousands of jobs allegedly lost as a consequence of Act No. 60 and the Decrees providing for its enforcement ... which have given and will continue to give rise to rationalization programmes in the public sector. The Committee notes in particular that, according to the Government, Act No. 50 seeks to revive the economy, investment and employment creation ... The Committee is aware that contraction of the public sector and/or a greater employment flexibility, do not in themselves constitute violations of the freedom to association. However, there is no doubt that these changes have significant consequences in the social and trade union spheres, particularly in view of the increased job insecurity to which they can give rise. The Committee is therefore of the view that employers' and workers' organizations should be consulted as to the scope and form of the measures adopted by the authorities ...
    • The Committee therefore invites the Government to take the necessary steps to ensure that, within the framework of the standing tripartite commission foreseen by the new National Constitution (article 56), discussions be initiated with the social partners aimed in particular at ensuring that the Government's restructuring policies do not have detrimental consequences for the exercise of trade union rights.
13. 264. As regards the allegation according to which the Government is assuming the right to determine which are the essential services in which strikes are forbidden and has proceeded to declare some strikes illegal, causing a large number of dismissals in public sector enterprises, the Committee notes that the Government denies that dismissals took place as a consequence of strikes in the public sector enterprises mentioned by the complainants, and points out that these enterprises were simply restructured as part of the state modernization programme. Moreover, the Committee observes that this allegation has already been examined in detail in the framework of Case No. 1625 and consequently refers to its previous conclusions on this matter.