Interim Report - Report No 340, March 2006

Case No 1787 (Colombia) - Complaint date: 28-JUN-94 - Follow-up

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INTRODUCTION
A. Previous examination of the case
D. The Committee’s conclusions
The Committee's recommendations
Z. ANNEX

Allegations: Murders and other acts of violence against trade union leaders and members

458. The Committee last examined this case at its May-June 2005 meeting [see 337th Report, paras. 489-551]. The Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI) sent additional information in a communication dated 6 June 2005. In a communication of 26 April 2005, the Caquetá Teachers’ Association also provided additional information. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 14 September 2005 and 10 January 2006.

459. The Government sent its observations in communications dated 12 and 23 August, 12, 22 and 29 September and 20 October 2005 and 27 January 2006.
460. 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

461. At its May-June 2005 meeting, the Committee made the following recommendations on the allegations that were still pending, which for the most part related to acts of violence against trade union members [see 337th Report, para. 551]:
(a) in general, the Committee deplores that the reigning situation of impunity instils a climate of fear which prevents the free exercise of trade union rights. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.
(b) regarding the serious situation of impunity, the Committee is bound to reiterate the conclusions it reached in its previous examinations of the case, namely, that the lack of investigations in some cases, the limited progress in the investigations already begun in other cases and the total lack of convictions underscore the prevailing state of impunity, which inevitably contributes to the climate of violence affecting all sectors of society and the destruction of the trade union movement. The Committee once again urges the Government, in the strongest terms, to take the necessary measures to carry on with the investigations which have begun and to put an end to the intolerable situation of impunity so as to punish effectively all those responsible.
(c) regarding those allegations on which the Government states that it does not have sufficient information, as these are serious allegations of abductions, disappearances and threats, the Committee requests the Government to take all the necessary measures so that, on the basis of the information recorded in the case, the corresponding investigations begin on these and all the other alleged acts of violence up to March 2005, on which there is no report that investigations or judicial proceedings have begun (Appendix I) and it asks the Government to continue sending its observations on the progress of the investigations that have already begun and on which it has already provided information.
(d) the Committee once again urges the complainant organizations to take all possible measures to provide the Government with all the information they have on the allegations presented so that it can properly carry out investigations into them.
(e) regarding the trade union status of some victims, queried by the Government, the Committee regrets that once again the complainant organizations did not submit that information to the Government and urges them once again to do so without delay.
(f) regarding the measures of protection for trade unions and their members, the Committee requests the Government to continue to keep it informed of the measures of protection and of the security schemes implemented as well as those adopted in the future for other trade unions and other departments or regions.
(g) regarding the allegations of aggression against FECODE members, the Committee asks the complainant organization to submit the necessary information to the Government so that it can carry out the relevant investigations.
(h) lastly, and generally, the Committee considers that taking into account the violent situation which the trade union movement must face due to the serious situation of impunity, and the numerous cases that have not been resolved and the fact that the last mission of this Office to the area took place back in January 2000, it would be highly desirable to collect further and more detailed information from the Government and the workers’ and employers’ organizations, in order to have an up-to-date understanding of the situation. Consequently, the Committee suggests that the Chairperson of the Committee meet with the Government representative at the International Labour Conference in June 2005 with a view to determining possible future action so as to obtain the fullest information on the matter to place before the Committee.
(i) the Committee requests the Government to send without delay its observations with regard to the new allegations presented by SINTRAEMCALI and the WFTU.
B. New allegations
462. In its communication of 21 April 2005, which was noted in the previous examination of the case [see 337th Report, para. 551(i)], the Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI) alleges that on Monday, 23 August 2004, representative Alexander López Maya, a former president of SINTRAEMCALI, was informed of a plan that was being developed to murder various political, trade union and human rights leaders, prepared by active and retired military personnel operating from the cities of Cali, Medellín, Barranquilla, Ibagué and Bogotá. In view of the above, he and several other persons met the Deputy Public Prosecutor and lodged a formal complaint concerning death threats, providing precise information on where these plans were being hatched. According to the information, the plan would commence with the physical elimination of the president of SINTRAEMCALI, Luis Hernández Monrroy, the president of the NOMADESC Association, Berenice Celeyta Alayón, and representative Alexander López Maya.
463. On the same day, the Office of the Public Prosecutor and the Technical Investigation Unit (CTI) carried out two raids in the cities of Cali and Medellín, which revealed that the Colombian army had provided classified information to the private enterprise Consultoría Integral Latinoamericana (CIL), the personnel of which included Lieutenant Colonel Julián Villate Leal and retired Major Hugo Abondano Mikan. These activities were being undertaken by the CIL under a consultancy contract for security and global risk management, concluded by the National Energy Financing Agency by order of the Office of the Superintendent of Public Services, at the request of the official responsible for the management of the Municipal Enterprises of Cali (EMCALI). The purpose of these activities was to gather information to identify precisely the political views, customs, activities and, in particular, the vulnerability during their daily travel of trade union leaders of SINTRAEMCALI and other organizations and persons.
464. This private enterprise in turn subcontracted to an armed private enterprise, known as SECARIS S.A., thereby constituting an unlawful parallel intelligence network which acted in coordination with the Third Brigade of the national army, the Office of the Superintendent of Public Services, the administration of the EMCALI; the Intelligence Service of the National Police (SIPOL); the National Electricity Financing Agency (FEN); the Ministry of the Interior and the Administrative Department of Security (DAS) and the metropolitan police of Cali, which were aware of, collaborated with, supported and, above all, assisted in the intelligence work carried out by these enterprises.
465. In the house search (raid) carried out by the Office of the Public Prosecutor at the headquarters of the SERACIS and CIL enterprises in the cities of Cali and Medellín, several computers, documents and the personal diary of Lieutenant Colonel Julián Villate Leal were seized. The information contained in this diary (a copy of which was forwarded by the union) records the holding of meetings by the managers of EMCALI with representatives of the above private enterprises, one of which is armed, in which activities were proposed to undermine freedom of association through the infiltration of SINTRAEMCALI, the promotion of a new trade union within EMCALI, the penetration of the security plans provided for SINTRAEMCALI for the protection of its leaders and members and the launching of legal proceedings against the latter.
466. These activities entrusted by the Office of the Superintendent of Public Services and EMCALI to private enterprises, one of which was armed, were undertaken in a context of constant violations of the rights to life, freedom and integrity, particularly by state agents and paramilitary groups, a situation which led the Inter-American Commission on Human Rights to call for precautionary measures for the leaders of the trade union on 21 June 2000. On that occasion, the Inter-American Commission on Human Rights considered that “these trade union leaders are in imminent danger due to constant allegations and accusations by the civil and military authorities of the Department of Valle del Cauca that they are guerrillas, terrorists or sympathizers with insurgent groups”.
467. On 27 January 2003, the national Government ordered the seizure, for the purposes of its liquidation, of the EMCALI. This gave rise to a new process of negotiation between SINTRAEMCALI and the Government with a view to seeking alternative solutions to overcome the crisis faced by the enterprise. As from that time, a wave of threats and hostile acts was unleashed against the organization and its leaders. During that period, 33 members of SINTRAEMCALI, including 12 of its leaders, were the victims of violations against their lives, personal integrity or freedom.
468. On 21 October 2004, in Cali (Valle), Tania Valencia was the victim of threats and ill-treatment by members of an unidentified armed group. Ms Valencia was travelling to the headquarters of SINTRAEMCALI in her private vehicle, when she stopped at a traffic signal and a man pointed a firearm at her, entered the car beside her and ordered her to turn down the road towards Jamundí. A little further on, he ordered her to stop and two more men entered the vehicle. During the journey they insulted her and made disparaging remarks about her trade union activities. When they reached Jamundí, one of the men struck her on the head and made her walk bent double to a house which was very dark inside. Once inside, they struck her and interrogated her about representative Alexander López and the leaders of SINTRAEMCALI, Carlos Marmolejo and Carlos Ocampo. They told her they knew that she was a member of the “Los Indumiles” group and that, if she did not collaborate with them, they would kill her. The terms used are in accordance with those employed by the national army and the private enterprises SERACIS and CIL in their intelligence reports, in which they refer to the alleged existence of a group of workers whom they call “Los Indumiles”. Those indicated as belonging to this group include: the representative and a former president of SINTRAEMCALI, Alexander López Maya; Luis Antonio Hernández, current president of SINTRAEMCALI; Robinsón Emilio Masso, director of human rights in the union; and Oscar Figueroa, member of the executive board of SINTRAEMCALI. The interrogation lasted several hours. Finally, they said they would spare her life so she could take a message to Alexander López: “tell him to withdraw from the legal proceedings, otherwise we will shoot him in the head. Tell him to suspend his current legal proceedings and projects because, if not, he will soon come up against us.”
469. On 2 December 2004, at approximately 1.40 p.m., Jhon Jairo Quintero Vargas, escort of Carlos Ocampo, one of the leaders of SINTRAEMCALI, was leaving the headquarters of SINTRAEMCALI, located in Street 18 Kr 6-54, when he was intercepted at the junction of Street 18 and Street 13 by three armed persons who fired on several occasions, breaking the windshield. According to the escort of the trade union leader, he had noted for several weeks that they were being followed and had even indicated to the leader that they should change their routes. Carlos Ocampo had on various occasions reported to the investigating agencies that he and his family had been followed constantly since his election as a member of the executive board of SINTRAEMCALI.
470. The facts relating to “Operation Dragon” (the name given to the plan to eliminate the leaders referred to above) were denounced by representative Alexander López at a public hearing held in the Congress of the Republic on 29 September 2004. On that occasion, the Minister of the Interior and Justice denied the existence of “Operation Dragon”. Nevertheless, an investigation has been taking place since October 2004 into these facts by the Human Rights Unit of the Office of the Public Prosecutor. Up to now, the investigation has been in the preliminary phase and no one has been identified in relation to these acts. Nevertheless, attacks have multiplied against members of the union and against Alexander López to persuade him to withdraw his claims for the situation to be investigated and for justice to be done.
471. At various times, public officials, such as the Minister of the Interior and Justice, have made public statements casting doubt on the existence of “Operation Dragon”, and the Human Rights Director of the Ministry of the Interior, Rafael Bustamante, has indicated that “until the Office of the Public Prosecutor has completed the investigation, it is not possible to speak of the existence of such an operation”. At present, various means are being used to divert attention from and minimize the facts and responsibilities, facilitate impunity and cover up the operation of the security measures taken by the Government for the protection of trade union leaders and human rights defenders. The evidence that has so far been gathered in the case investigated by the National Human Rights Unit of the Office of the Public Prosecutor gives grounds for concluding that various activities have been undertaken deliberately and for political purposes to persecute and weaken the SINTRAEMCALI, in violation of freedom of association.
472. The enterprise CIL includes among its personnel retired Major Hugo Abondano Mikan, who is also the legal representative of the armed private security firm SERACIS S.A. According to the trade union organization, the Major maintains relations with known paramilitary chiefs.
Origins of the contract
473. On 15 June 2004, on the instructions of the Office of the Superintendent of Public Services, the FEN concluded a consultancy contract with the enterprise CIL for the purpose of “promoting global security risk management”, with the aim of “undertaking a study of the technical and socio-political risks” of the enterprise EMCALI. The FEN concluded this contract with the enterprise CIL without having the authority to do so. In turn, the enterprise CIL concluded a contract with the private armed enterprise SERACIS S.A. for advice, consulting and investigation, as well as intelligence on SINTRAEMCALI and its leaders, even though it did not have the authorization of the Office of the Superintendent to do so, as its remit is limited to mobile and fixed security and the provision of escort services. In addition, in violation of all the rules governing private security firms, the enterprise SERACIS S.A. operated in the city of Cali, opening an agency or branch without the authorization of the Superintendent of Private Vigilance and Security, with which it did not register its representatives. Lieutenant Colonel Julián Villate Leal and Major Marco Rivera Jaimes were working for the enterprise SERACIS S.A. in the city of Cali, without being in possession of permits from the Superintendent of Private Vigilance and Security for their work. In other words, an enterprise was contracted to undertake advisory, consultancy and investigatory activities which did not have an operating licence; offices were opened unlawfully in the city of Cali with personnel engaged in clandestine activities. In the computer seized from Lieutenant Colonel Julián Villate Leal, one of the mails was found which had been sent to the manager of EMCALI clearly setting out what had been agreed in relation to the reasons and purpose of the contract:
This proposal consists of a first phase of three months. During this phase, procedures will be developed to follow and gather intelligence on the positions and activities of the union (...) the information obtained, the analyses and risk studies undertaken during this phase will provide the basis for developing, planning and coordinating the necessary security strategies and measures to address appropriately the risks and crises arising as a result of the positions and activities of the union, armed groups and groups which may be supporting the union’s activities.
This means that it was proposed from the outset to undertake unlawful intelligence activities, in violation of freedom of association, to combat SINTRAEMCALI’s opposition to privatization. Intelligence activities, which are the exclusive competence of state security bodies, were in this case entrusted to armed private enterprises, including among their personnel, persons suspected of collaborating with paramilitary structures, which have committed multiple crimes against the members of SINTRAEMCALI.
474. The following was stipulated with regard to the services required from CIL in its intelligence work:
The services are specified below which, in our opinion, are required to develop action and contingency plans for the security component, necessary to achieve the objectives set by the national Government, the Office of the Superintendent of Public Services and the enterprise management, with the expected levels of reliability and security.
1. Monitoring and intelligence
Objective
Compile information and carry out analysis of the strengths, interests and plans in existence in the union and opinion groups in the city, in the Department and at the national level, to provide a basis for decision-making and the development of action plans by the enterprise management.
Specific aims
Collect information within the union, groups which support or influence the union’s decisions.
475. From the outset, it was clearly proposed to contract private enterprises for the evident purpose of infiltrating SINTRAEMCALI and carrying out intelligence work on the organization, and on persons and organizations (at the local, regional and national levels) which support it, to secure the plans established by the national Government, the Office of the Superintendent of Public Services and the management of EMCALI. The intention to undermine SINTRAEMCALI and the free exercise of trade union activities is evident.
What activities were undertaken?
476. Similarly, in the computer seized from Lieutenant Colonel Julián Villate Leal, a document was found entitled “DAS/questionnaire to Fabio.doc” setting out a series of requirements, especially relating to the leaders of SINTRAEMCALI, containing the following specifications:
Fabio:
The following is a list of the persons of interest to us in the union:
Luis Antonio Hernández Monroy President
Luis Enrique Imbachi Rubiano Vice-President
Oscar Figueroa Pachongo Administrator
Harold Viafara González Treasurer
Alberto Jesús Hidalgo L. Secretary-General
Carlos Adolfo Marmolejo Board member
Robinsón Emilio Masso Arias Board member
Fabio Fernando Bejarano C. Board member
Carlos Antonio Ocampo Board member
Domingo Angulo Quiñónez Vocal
The general information that we need on them, in so far as possible, is:
Home address
Home telephone number
Mobile phone number
Photograph
Security plan:
Vehicles assigned: colour, registration numbers, characteristics
Escort personnel: numbers
Communication team
Arms
Personal data:
Marital status
Spouse: name, occupation, other
Children: names, ages, other
Normal activities
Frequent journeys in Cali
Destinations outside Cali
Other available information on their personal profile:
Education
Whether they own businesses
Whether they own a ranch or properties
Problems which have arisen during the period when they have been escorted, with whom and for what reason
I do not know whether you have information on Alexander López, as any such information would be useful to me, including when he was being escorted. This is important.
Any other data which appear relevant to you are welcome.
477. The address book in the diary of Lieutenant Colonel Julián Villate Leal contains the name and telephone number of Fabio Ortiz who, at the time when the existence and activities of “Operation Dragon” became public knowledge, was the chief of protection of the DAS in the city of Cali, a position which he held until 4 January 2005, when he was appointed human rights chief in the same organization.
478. It should be recalled that the Government of Colombia has repeatedly informed the International Labour Organization and various intergovernmental organizations of the measures adopted to guarantee the right to life of trade union leaders, and accordingly freedom of association, through the establishment of protection plans. The case of SINTRAEMCALI gives grounds for serious concern concerning the effectiveness, professionalism and transparency of such protection plans.
479. The protection programme of the Ministry of the Interior has indicated on several occasions that the information that is discussed and approved in the Commission for the Regulation and Evaluation of Risks is totally confidential. Nevertheless, in the raid carried out by the Office of the Public Prosecutor at the home of Lieutenant Colonel Julián Villate Leal in the city of Cali, his personal diary was seized.
480. The Lieutenant Colonel’s diary, containing 50 pages, contains exclusive and detailed information on trade union and human rights organizations and opposition political parties. The most detailed information concerns the members of the executive board of SINTRAEMCALI, their security plans, the names of their confidential escorts, their identity card numbers, telephone numbers, the registration numbers of the vehicles assigned by the Ministry of the Interior protection programme, the type of armouring of each vehicle, the number of the motor, etc. The diary also contains detailed descriptions of persons under threat, some of whom benefit from protection measures requested by the Inter-American Commission on Human Rights.
481. It is a matter of particular concern to note that page 31 of the personal diary of Lieutenant Colonel Julián Villate Leal contains a literal transcription of a communication sent by the Inter-American Commission on Human Rights to the Government of Colombia on 21 July 2000, requesting the adoption of protection measures for all the members of the executive board of SINTRAEMCALI. The concern is that information, which is only known to the Government of Colombia and those seeking and benefiting from protective measures, has been provided to armed private security firms.
482. The content of the information contained in the diary of Lieutenant Colonel Julián Villate Leal, in view of its confidential nature, indicates that public bodies which are members of the Commission for the Regulation and Evaluation of Risks and which administer the protection programme for human rights defenders and trade union leaders passed on to armed private enterprises the security plans assigned by the Ministry of the Interior to the trade union leaders of SINTRAEMCALI and representative Alexander López Maya.
483. This is illustrated by the level of detail of the vehicles assigned to the protection plan in the possession of the armed enterprise SERACIS S.A., which is only available to the bodies responsible for the security plans, such as the DAS.
484. The emphasis placed on identifying the security plans of SINTRAEMCALI and its leaders is reaffirmed on page 8, which contains a list of questions, including: “Security plans for leaders? Security plans for the union? What are they?”
485. Another cause for concern is the expression used on page 24 of the diary, which is emphasized as an objective to be achieved by the private armed enterprise and consists of “penetrating the escorts”. This indication is particularly serious in view of the note on page 9 which includes, among the tasks to be carried out, “pressure to change personnel and security plans in the DAS …”.
486. The task of establishing the operation and weaknesses of the assigned security plans was not confined solely to the DAS, as the enterprise EMCALI, through its head of security, also participated. Page 2 contains the name “Germán Huertas”, head of security of EMCALI and retired army colonel, apparently in relation to a number of matters decided upon by Lieutenant Colonel Julián Villate Leal and retired Colonel Germán Huertas for the commencement of intelligence work, starting with the following list:
Map of areas of political interest for contractor, list of union addresses, etc., security and location, information on the U, background, location of areas of interest, institutional plan, security instructions for security enterprise and EMCALI, organizational chart, places where the union meets; it continues with a subtitle “Investigation” in which emphasis is placed on the following questions: Which union leaders left? Who stayed? Who sought disaffiliation? Reactions to their desertion. Who benefits from DAS security? Union’s legal and illegal income, means of communication, Súper Occidente, Caracol.
487. The various documents seized in the raid carried out in the city of Cali, including those contained in the computer of Lieutenant Colonel Julián Villate Leal and the enterprise SERACIS S.A., and in the former’s diary, contain repeated references and establish the objectives of undermining the right to freedom of association, and these subjects were covered in various meetings held with the public authorities.
488. One of the references is on page 5 of the personal diary, which contains a subtitle: “Possible strategies, fostering dissidence, strategy for counter communication, undermining the political career of Alexander López”. Furthermore, on page 9 of the diary the tasks established for the private armed enterprise include promoting: “assembly, changing leaders, promoting new candidates”.
489. Page 19 contains a list of questions which demonstrate the clear intent to promote and achieve the weakening of the trade union organization and to attack the right of freedom of association for trade unions:
(1) Who can succeed those who were dismissed?
(2) Who are the dissidents? How many? How? When?
(3) Which branches of the enterprise are under union control?
(4) Who are the militants?
(5) What has to be done?
(6) What security does the union have?
490. It is a matter of concern that private armed enterprises are contracted to promote dissidence and the weakening of a trade union organization. It is also of concern that private armed enterprises are entrusted with promoting candidates to replace trade union leaders who have been unlawfully dismissed, according to the information provided to the ILO.
491. The diary of Lieutenant Colonel Julián Villate Leal also contains a reference to the existence of meetings with persons working in EMCALI, which discussed:
Trade union organization: delegates
Who and which organization supports them: Berenice and others
Which trade union organization do they support
Contracts which they handle
Trainees
Who can provide leadership
Any decision
Income of trade unionists
How does it work as an institution
Which branches are under control
Who could lead the dissidence
What strategy should be followed
Networks and power of Alexander
Links with subversion
492. The intelligence work is intended to achieve the undermining, weakening and persecution of SINTRAEMCALI, for which purpose the assistance of various public officials would be procured. Accordingly, the establishment of a network appears to be envisaged for the interception of communications, all outside the legal and constitutional rules. This emerges from the management report of 12 August 2004 to Huber Botello, in his capacity as manager of the CIL, which contains the following passage:
I am pleased to inform you of the arrangements made for my visit to the city of Cali for the period 9-12 August 2004, as follows:
Telephone and personal contact with Hugo Salas. He is a major in the army, works in the technical section of the telephone enterprise EMCALI. He is responsible for telephone monitoring based on legal requirements … Direct communication established so that Julián can give him the necessary indications and requirements. Negotiation opened.
493. Negotiations and open contacts were held with the person responsible for intercepting communications in the city of Cali, in disregard for constitutional procedures, in the sense that communications can only be legally intercepted under orders issued constitutionally.
494. In a statement made to the Human Rights Unit of the Office of the Public Prosecutor, retired Major Hugo Salas acknowledged that he had been contacted and offered remuneration for information that he could provide on SINTRAEMCALI.
495. Similarly, in the computer seized from Lieutenant Colonel Julián Villate Leal in the city of Cali, the file “/fuentes/emcali/direc/comentario1.doc” contained a document entitled “Summary of comments on the union”, indicating as alternatives for consideration:
– weakening the current leadership of the union through legal actions against it, including irrefutable proof of its participation in unlawful activities through the relevant organizations;
– SINTRAEMCALI and its inclusion in intelligence reports. The Office of the United Nations High Commissioner for Human Rights in Colombia has repeatedly recommended the revision and deletion of intelligence files, as their existence has been a source of persecution and violations of human rights, including freedom of association.
496. In the context of “Operation Dragon”, an intelligence report was drawn up by the Third Brigade against SINTRAEMCALI, in which it was indicated:
The Cali Municipal Enterprises Workers’ Union has proven to be one of the most militant in the south-west of the country, with a high level of subversive infiltration by the ELN and the FARC. Subversive groups have found in this union a propitious environment for generating dissent and confrontation with the national Government.
497. The same report indicates that the members of the union are the leaders of an allegedly subversive group which they call “Los Indumiles”. According to the report, “this group has turned into the ‘terror’ of workers, making them fearful to oppose any action by the union, and has set itself up as the ‘enforcer’ against anyone interfering in the organization’s activities”.
498. It is also stated that:
The structure of the union includes a strong commission dedicated to human rights under the responsibility of Berenice Celeyta Alayón, a well-known lawyer who is the director of NOMADESC, and who denounces alleged violations against EMCALI workers, thereby providing legal protection for trade union leaders faced with charges of rebellion and terrorism.
499. Furthermore, these intelligence reports are not only intended to undermine the legitimacy of our union’s activities in the legal and political fields, and in defence of human rights, but also provide the basis for atrocious acts, such as the murder of 16 of our activists, leaders and members, in some cases using barbarous methods in an attempt to terrorize the whole membership of the union, who are now working in a permanent state of anxiety.
500. The gravity of the threats, of which SINTRAEMCALI is currently the victim, has led to the extension of protection plans to the family members of executive board members and activists, as well as to legal and human rights advisers in the union.
501. In its communication of 6 June 2005, SINTRAEMCALI reports the decision of the Cali branch of the Office of the Public Prosecutor, of 11 April 2005, not to proceed with the investigation of Carlos Alberto González Narváez and Gustavo Tacuma Becerra, members of the union, in relation to the explosions which occurred at the headquarters of EMCALI on 7 June 2004. The trade union indicates that the above charges placed those persons and the trade union in a situation of vulnerability.
502. In its communication of 14 September 2005, the International Confederation of Free Trade Unions (ICFTU) indicates that the recent Justice and Peace Act, No. 975, approved on 25 July 2005, provides a legal framework for the demobilization of the paramilitary forces of the Self-Defence Units of Colombia (AUC), which are negotiating the surrender of their arms with the Government. Furthermore, it confers upon the paramilitary the status of political prisoners and envisages short prison sentences even though they are responsible for crimes against humanity. Both international trade union organizations and Colombian and international human rights bodies have strongly criticized the new Act. The trade union organization quotes the High Commissioner for Human Rights who, in his press release, states that “the Act confers very generous judicial benefits on those responsible for these serious crimes, without making any effective contribution to revealing the truth or providing compensation”. According to the trade union organization, the Act does not guarantee that the truth will be established because there will be no investigation of crimes, killings, collective murders, torture and forced displacement, nor any denunciation of those with real political responsibility; nor will the possessions taken violently from the victims and their family members be returned.
503. The list of alleged acts of violence is as follows:
Murders
(1) Agapito Palacios, member of the Chocó Teachers’ Union (UNIMACH), was murdered on 4 January 2004 in the municipality of Unguía, Department of Chocó.
(2) Bernardo Rebolledo, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 4 January 2004 in the city of Cartagena, Department of Bolívar.
(3) Edgar Arturo Blanco Ibarra, member of the North Santander Teachers’ Association (ASINORT), was murdered on 7 January 2004 in the city of Cúcuta, Department of North Santander.
(4) Luz Aída García Quíntero, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 15 January 2004 in the municipality of Carmen de Viboral, Department of Antioquia.
(5) Jairo Gonzáles Oquendo, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 17 January 2004 in the city of Medellín, Department of Antioquia.
(6) Daniel Vitola Pérez, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 23 January 2004 in the city of Cartagena, Department of Bolívar.
(7) Francisco Lotero Ríos, member of the United Teachers’ Union of Caldas (EDUCAL), was murdered on 27 January 2004 in the city of Manizales, Department of Caldas.
(8) Calixto Gómez Rummer, member of the National Union of Coal Industry Workers (SINTRACARBON), was murdered on 31 January 2004 in the city of Riohacha, Department of Guajira.
(9) Lucero Henao, leader of the Agricultural Workers’ Union of Meta (SINTRAGRIM), was murdered on 6 February in the municipality of Castillo, Department of Meta.
(10) Pedro Alirio Silva, official of the Putumayo Teachers’ Association (ASEP), was murdered on 2 March in the municipality of Orito, Department of Putumayo.
(11) Lina Marcela Amador Lesmer, member of the Putumayo Teachers’ Association (ASEP), was murdered on 3 March in the Department of Putumayo.
(12) Ferreira Osorio, member of the Petroleum Industry Workers’ Trade Union (USO), was murdered on 11 March in the municipality of Barrancabermeja, Department of Santander.
(13) José Arcadio Sosa Soler, official of the General Confederation of Labour (CGT), was murdered on 4 April in the district of Bogotá, Department of Cundinamarca.
(14) Luis Francisco Gómez Verano, official of the Association for the Construction of the Aqueduct, was murdered on 6 April in the municipality of Mesetas, Department of Meta.
(15) Nohora Martínez Palomino, member of the Teachers’ Association of César (ADUCESAR), was murdered on 19 April in the municipality of Valledupar, Department of César.
(16) Juan José Guevara, member of the North Santander Teachers’ Association (ASINORT), was murdered on 19 April in the municipality of Villa del Rosario, Department of North Santander.
(17) José María Ruiz Sara, member of the Teachers’ Association of the Atlantic (ADEA), was murdered on 23 April in the municipality of Barranquilla, Department of the Atlantic.
(18) Gerson Agudelo, member of the Union of National Education Ministry Workers (SINTRENAL), was murdered on 24 April in the municipality of Villa del Rosario, Department of North Santander.
(19) Evelio Henao Marín, leader of the Union of Workers of the Department of Antioquia (SINTRADEPARTAMENTO), was murdered on 24 April in the municipality of San Rafael, Department of Antioquia.
(20) Ovidio Arturo Marín Cuevas, member of the National Union of Liquor Industry Workers (SINTRALIC), was murdered on 4 May in the municipality of Cali, Department of El Valle.
(21) Jesús Alberto Campos, member of the Arauca Teachers’ Association (ASEDAR), was murdered on 7 May in the Department of Arauca.
(22) Elías Durán Rico, leader of the Transit Workers’ Union of Barranquilla, was murdered on 7 May in the municipality of Cisneros, Department of Antioquia.
(23) Beatriz Pineda Martínez, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 9 May in the municipality of Barranquilla, Department of the Atlantic.
(24) Wilson Gómez Sierra, member of the Santander Teachers’ Union (SES), was murdered on 23 May in the Department of Santander.
(25) Mildret Berteyd Mazo Jaramillo, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 26 May in the municipality of San Andrés de Cuerquia, Department of Antioquia.
(26) Javier Montero Martínez, member of the Teachers’ Association of César (ADUCESAR), was murdered on 1 June in the municipality of Valledupar, Department of César.
(27) Fernando Ramírez Barrero, member of the Risaralda Teachers’ Union (SER), was murdered on 1 June in the municipality of Pereira, Department of Risaralda.
(28) Isabel Toro Soler, member of the Putumayo Teachers’ Association (ASEP), was murdered on 1 June in the municipality of Yopal, Department of Putumayo.
(29) Luis Ovidio Machado Nisperuza, member of the Córdoba Teachers’ Association (ADEMACOR), was murdered on 1 June in the municipality of Montería, Department of Córdoba.
(30) Nelson Wellington Cotes López, official of the DIAN Workers’ Union (SINTRADIAN), was murdered on 4 June in the municipality of Barranquilla, Department of the Atlantic.
(31) Salomón Freite Muñoz, member of the National Association of Civil Servants and Employees in the Judicial Branch (ASONAL JUDICIAL), was murdered on 21 July in the city of Cúcuta, Department of North Santander.
(32) Yanis Valencia Fajardo, member of the Córdoba Teachers’ Association (ADEMACOR), was murdered on 11 August in the municipality of Tierralta, Department of Córdoba.
(33) Adiela Torres, member of the Putumayo Teachers’ Association (ASEP), was murdered on 5 August in the municipality of Puerto Legízamo, Department of Putumayo.
(34) Esther Marleny Durango Congote, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 7 August in the municipality of Anzá, Department of Antioquia.
(35) Harold Antonio Trujillo, member of the Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI), was murdered on 8 August in the city of Santiago de Cali, Department of Valle del Cauca.
(36) Luis Galindo, leader of the Agro Small and Medium-sized Producers’ Union (SINDEAGRO), was murdered on 10 August in the municipality of Líbano, Department of Tolima.
(37) Jorge Eliécer Valencia Oviedo, leader of the Valle Single Education Workers’ Trade Union (SUTEV), was murdered on 23 August in the municipality of Tulúa, Department of Valle.
(38) Manuel Gómez Wólfram, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 24 August in the city of Cartagena, Department of Bolívar.
(39) Bernardo Rebolledo, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 4 January 2004 in the city of Cartagena, Department of Bolívar.
(40) Miguel Córdoba, official of the Union of Sugar Cane Drivers and Workers of the Valle del Cauca (SINTRACAÑAVALC), was murdered on 4 January 2004 in the city of Palmira, Department of Bolívar.
(41) Humberto Tovar Andrade, member of the Tolima Teachers’ Union (SIMATOL), was murdered on 30 August in the municipality of Espinal, Department of Tolima.
(42) Exenen Hernández Barón, member of the North Santander Teachers’ Association (ASINORT), was murdered on 10 September in the city of El Carmen, Department of North Santander.
(43) Luis José Torres Pérez, member of the National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), was murdered on 11 September in the municipality of Bordó, Department of Cauca.
(44) Luis Eduardo Duque, member of the Tolima Teachers’ Union (SIMATOL), was murdered on 11 September in the municipality of Líbano, Department of Tolima.
(45) Oler Hernández Moreno, member of the Single Construction Industry and Materials Workers’ Union (SUTIMAC), was murdered on 11 September in the city of Sincelejo, Department of Sucre.
(46) Iría Fenide Mesa Blanco, member of the Arauca Teachers’ Association (ASEDAR), was murdered on 11 September in the municipality of Arauca, Department of Arauca.
(47) Jean Warrean Buitrago Millán, leader of the DIAN Workers’ Union (SINTRADIAN), was murdered on 15 September in the municipality of Tulúa, Department of the Valle.
(48) Alfredo Correa de Adréis, leader of the Association of University Professors (ASPU), was murdered on 17 September in the municipality of Barranquilla, Department of the Atlantic.
(49) Pedro Jaime Mosquera Cosme, official of the National Federation of Agricultural Unions (FENSUAGRO), was murdered on 6 October in the municipality of Arauca, Department of Arauca.
(50) Ana de Jesús Durán Ortega, member of the North Santander Teachers’ Association (ASINORT), was murdered on 12 October in the city of Cúcuta, Department of North Santander.
(51) Angel de la Hoz Castelar, member of the Atlantic Branch of the Single Confederation of Workers of Colombia (CUT), was murdered on 19 October in the municipality of Soledad, Department of the Atlantic.
(52) Martha Lucía Gómez Osorio, member of the Tolima Teachers’ Union (SIMATOL), was murdered on 23 October in the Department of Tolima.
(53) José Joaquín Cubides, member of the Arauca Agricultural Workers’ Union (SINTRAGRICOLAS), was murdered on 7 November in the municipality of Fortul, Department of Tolima.
(54) Eli Machado Wolmar, member of the North Santander Teachers’ Association (ASINORT), was murdered on 8 November in the city of San Calixto, Department of North Santander.
(55) Arnoldo Cantilla, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 24 November in the city of Cartagena, Department of Bolívar.
(56) Juan Mrando Usula, member of the Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), was murdered on 24 November in the city of Cartagena, Department of Bolívar.
(57) Senen Mendoza Molinares, member of the Teachers’ Association of César (ADUCESAR), was murdered on 24 November in the municipality of Codazzi, Department of César.
(58) Juan Bernardo Gil, member of the Meta Teachers’ Association (ADEM), was murdered on 6 December in the municipality of Mesetas, Department of Meta.
(59) Héctor Téllez Alzate, member of the Valle Single Education Workers’ Union (SUTEV), was murdered on 6 December in the municipality of Tulúa, Department of the Valle.
(60) Carlos Eduardo Montoya Gutiérrez, member of the Risaralda Teachers’ Union (SER), was murdered on 12 December in the municipality of Pereira, Department of Risaralda.
(61) Nelson de Jesús Martínez, member of the Antioquia Teachers’ Association (ADIDA), was murdered on 18 December in the municipality of Carmen de La Ceja, Department of Antioquia.
(62) José Nevardo Osorio Valencia, official of the Risaralda Teachers’ Union (SER), was murdered on 27 December in the municipality of Mistrato, Department of Risaralda.
(63) José Ortiz, member of the Single Union of Education Workers of the Amazon Region, was murdered on 29 December in the municipality of Puerto Santander, Department of the Amazon.
(64) John Smith Ruiz Córdoba, member of the Cauca Teachers’ Association (ASOINCA), was kidnapped on 6 May 2005 and murdered on 9 May 2005.
(65) María Elena Díaz, member of the Valle Single Education Workers’ Union (SUTEV), was murdered on 24 May 2005 in the Department of the Valle.
(66) Myriam Navia Silva, member of the Valle Single Education Workers’ Union (SUTEV), was murdered on 2 June 2005 in Cali.
(67) Alfredo Mendoza Vega, member of the Teachers’ Association of César (ADUCESAR), was murdered on 9 June 2005 in the municipality of Valledupar.
(68) Gilberto Chinote Barrera, former official of the Petroleum Industry Workers’ Trade Union (USO), was murdered on 28 July 2005 in the Estrella quarter of the city of Bolívar.
(69) Factor Antonio Durango, president of the Trade Union Association of Bookmakers and Lottery Workers of Antioquia (ASCAPLAN), was murdered on 17 August 2005. He benefited from a security plan, which had been suspended by the DAS despite the death threats he had received.
(70) Manuel Antonio Florez, member of SINTRAINAGRO, was murdered on 20 August 2005 in Barrancabermeja.
(71) Luciano Enrique Romero Molina, leader of the National Food Workers’ Union (SINTRAINAL), was murdered on 10 September 2005 in Las Palmas. He was under threat and benefited from security measures provided by the Inter-American Commission on Human Rights.
(72) Derly Cecilia García, nurse, was murdered on 9 December 2005 in Puerto Gaitán, municipality of TAME.
(73) Angel Manuel Pérez Tobar, teacher, was murdered on 14 December 2005, in Santa Ana, municipality of Santa Ana.
Attempted murder
Jorge Ortega, branch president of the Petroleum Industry Workers’ Trade Union (USO), on 14 May 2005 in Cartagena.
Arrests
(1) Jesús Javier Dorado Rosero, Territorial Affairs Secretary of the executive board of the Nariño Magistrates’ Union (SIMANA), on 27 May 2005, by members of the Administrative Department of Security, charged with rebellion.
(2) Ricardo Santrich Pernett, member of the Magdalena Teachers’ Union, on 30 May 2005, charged with rebellion, is detained in the Barranquilla prison.
(3) Hernando Hernández Tabasco, Director of the Human Rights Department of the National Federation of Agricultural Unions (FENSUAGRO), on 1 June 2005, is in Manizales. Mr. Hernández Tabasco had been transferred in 2001 in view of the constant threats from the Central Paramilitary Block “Heroes of Bolívar”. He benefits from security measures provided by the Inter-American Commission on Human Rights. On 4 June 2005, Mr. Hernández was accused by the DAS of being a member of the 45 Front of the FARC.
Threats
(1) The Nariño Magistrates’ Union (SIMANA), according to the ICFTU’s allegations, is constantly the victim of threats by the paramilitary forces of the Liberators of the South Block of the Self-Defence Units of Colombia (AUC).
(2) Leaders of the Single Confederation of Workers of Colombia (CUT), and particularly Rafael Antonio Ovalle Archille, leader of the Trade Union of Workers and Employees in Public and Autonomous Services and Decentralized Institutions of Colombia (SINTRAEMSDES), have received threats from the Central Bolivar Block of the Self-Defence Units of Colombia. If they fail to cede to the threats by withdrawing from their trade union activities, the following are threatened with death: Carolina Rubio, Gabriel González, César Plaza, Adela Peña, Martha Díaz, William Rivero, Jaime Reyes, David Flores, Rodrigo Córdoba, Oswaldo Bonilla, Alfonso León, Jorge Cadena and Wilson Ferrer (trade unionists and prosecutors).
(3) Samuel Morales Florez, president of the Arauca branch of the Single Confederation of Workers, and his family have received constant threats. Mr. Morales has been in detention in the model prison of Bogotá since 5 August 2004, when Héctor Alirio Martínez, Leonel Goyeneche and Jorge Prieto were murdered (as reported in a previous examination of the case). According to the complainant organization, the threats originate from members of the army in view of the allegations made in relation to the murders of the three leaders referred to above.
C. The Government’s reply
504. In its communications dated 12 and 23 August, 12, 22 and 29 September and 20 October 2005 and 27 January 2006, the Government has provided the following observations in reply to the recommendations made by the Committee in its previous examination of the case.
505. In relation to points (a) and (b) of the recommendations relating to the situation of impunity, the Government indicates that the Government and the Office of the Public Prosecutor have joined forces to achieve the best results in the investigations that are being conducted, even though some of them are making little progress in view of the means used by illegal groups outside the law (paramilitary forces and guerrillas), for which the only witnesses are the members of these criminal organizations. For this reason, the State is currently engaged in a process of reinsertion, demobilization and investigation of these crimes so as to reduce the incidence of impunity, since 88 per cent of the cases that are under investigation to identify those responsible relate to crimes which were committed in sparsely populated and marginal areas with serious public order problems.
506. The Government shares the Committee’s concern with regard to the situation of impunity in penal matters. For this reason, with a view to making the investigation procedure more flexible, Act No. 906 of 2004 was adopted establishing a new adversarial penal system. This system, which entered into force on 1 January 2005, is the outcome of serene reflection by the members of the Constitutional Commission and many of those engaged in the judiciary, academics, law professionals and trade unionists in general, who at this very difficult time were willing to provide their knowledge and experience on a voluntary basis to resolve the problem of penal justice in the country. Although admittedly there was a certain reticence at the beginning, the concept has finally received the support of many sectors and is considered a real option to improve the administration of penal justice. The system has its basis in the Constitution, in articles 29 and 250. The first of these provisions establishes the right of every citizen to a “public trial without unreasonable delays, to present evidence and refute charges made against them”. Article 250 provides that “the Office of the Public Prosecutor shall bring criminal charges and conduct investigations of acts which may constitute offences which come to its knowledge following a denunciation, special petition or dispute, or of its own motion, if there are sufficient reasons and circumstantial evidence to indicate that a crime may have been committed. It may not consequently suspend, interrupt or decide to end a criminal prosecution, except in the cases established by law for the application of the principle of equality of opportunity as regulated within the framework of the criminal policy of the State, the lawfulness of which shall be examined by the judge responsible for compliance with the [constitutional] guarantees”.
507. The new adversarial system is also based on the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the American Convention on Human Rights, taking into account higher standards relating to the principles of publicity, oral process, rapidity, mediation and adversarial proceedings.
508. It is envisaged that the Office of the Public Prosecutor will be strengthened by the removal of judicial functions, so that it can be solely and exclusively dedicated to the function of investigation, with the support of the forces of the Judicial Police that are under its direction, coordination and control in all action taken on the basis of the executive report which has to be submitted within 36 hours of notification of the act (by any of the means established by law) in cases where there are sufficient reasons and circumstantial evidence to assume that a crime may have been committed. This ensures impartiality and equality between the parties with a view to reaching a just ruling through an oral, focused and adversarial process with equality of arms for the plaintiff and defendant. This in turn implies a change in the role of the Public Prosecutor in the sense that, despite remaining part of the judicial branch, she or he loses the power to take judicial decisions. For the discharge of this function, the establishment of a highly technical and professional judicial police force is envisaged. It will also be integrated with the state agencies which, in discharging their functions, are entrusted with investigatory powers under the coordination and direction of the officers of the Public Prosecutor. The National Forensic Medicine and Science Institute, as well as the laboratories of the judicial police agencies, will provide the necessary support throughout the national territory for the effective discharge of this function, particularly in those cases in which the judicial police can intervene directly in the context of investigations without the intervention of the Public Prosecutor.
509. The envisaged efficiency of the system necessarily involves a balance between the prosecution and the defence, which involves the need to restructure and strengthen the Office of the Public Ombudsperson to ensure a real presence within the penal process, thereby guaranteeing a true judgement between the parties. This takes into account the fact that, in our country, very few plaintiffs and defendants are able to pay for their own defence.
510. The establishment of the function of supervising compliance with constitutional guarantees, to be discharged by municipal judges, with the exception of matters falling within the competence of the Penal Chamber of Cassation of the Supreme Court of Justice (a function discharged by the Penal Chamber of the Supreme Court of Bogotá), is one of the essential characteristics of our adversarial system to verify and ensure the lawfulness of all acts related to fundamental rights.
511. In the explanation of the reasons for these changes submitted to the Congress of the Republic, it was stated that: “(…) the solution is envisaged of removing from the Office of the Public Prosecutor judicial functions involving the fundamental rights of trade unionists, so that it can focus all of its energy on investigating crimes and bringing charges to the courts against any persons in violation of criminal law”.
512. Oral proceedings eliminate once and for all the burden of carrying out trials by means of written documents (originals and copies), which undoubtedly gives rise to enormous costs, as well as significant delays in the related acts and proceedings. It should be borne in mind that, although not in every case, there are now proceedings of enormous volume (up to over 100 original notebooks, without counting copies and appendices), making their examination and analysis both difficult and costly. For this reason, section 145 of the Code of Penal Procedure (CPP) provides that “all the proceedings, both prior to and during the trial, shall be oral”, with the proceedings being recorded by technical means to ensure their accuracy.
513. The principle of publicity is established in technical terms in the CPP, in sections 149 et seq., in order to guarantee the access of the community to the courts, as well as the transparency of truly democratic proceedings in accordance with article 1 of the Political Constitution.
514. The principle of equality of opportunity, which is not opposed to the principle of legality, is established as an effective instrument for the functioning of the system within the context of the State’s criminal policy.
515. A party producing material evidence must not influence the official entrusted with compiling and assessing the evidence. The involvement of the respective judge in compiling the evidence facilitates compliance with the principle of adversarial proceedings with a view to reaching an impartial, autonomous and independent decision.
516. The formalization of the function of the bringing of charges as the most important role of the Office of the Public Prosecutor in legal proceedings is balanced by the communication of the material evidence to be submitted during the hearing so that the defence is informed of it and can present its own evidence at the preliminary hearing.
517. The trial hearing, as the most important element of the procedure in the adversarial system, will be the appropriate setting for the examination of the evidence directly by the judge without the intervention of any other official or its deterioration through the inexorable passage of time, thereby ensuring its preservation and more effective and appropriate adversarial proceedings between the parties.
518. The role played by the victims will contribute to the involvement of the community in the process, thereby changing its perception of the manner in which rights are safeguarded and asserted, and the effectiveness with which justice is administered. Through the impact of integral compensation and programmes for the restoration of justice based on conciliation and mediation, victims will be able to obtain compensation for the damages caused by the crime, while the Office of the Public Prosecutor remains responsible for taking urgent measures to guarantee their personal safety and that of their family, and for protection against any publicity which implies an attack on their privacy or dignity (section 102 of the CPP).
519. The roles played within the adversarial system by the various actors, whether they are lawyers, experts, investigators, judges, the Department of the Public Prosecutor and Ombudspersons, are determined by the Department of the Public Prosecutor. This is the body through which the State is represented and defended, as well as the interests of the Treasury and the general interests of society in the administration of justice. During criminal proceedings, with a view to giving effect to the principle of technical defence, a lawyer is automatically assigned to the defence by law for each defendant, unless a registered lawyer is appointed by the defence, accepts the case and takes legal responsibility for it.
520. The first benefit that it is hoped to obtain is the decongestion of judicial bodies, with a view to avoiding the delays which, under the current system, have had a direct effect on social perceptions, diminishing the credibility of the administration of justice. The right of a defendant to a trial without unjustified delay is a guarantee which forms part of the human rights set out in the Universal Declaration of Human Rights, in Article 10, as well as in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.
521. With the new oral adversarial system, the progress made in the field of investigation and court proceedings has given excellent results. A clear example is that, in the six months following the commencement of the system, which up to now has been operating in the coffee region and in Bogotá DC, some 2000 judgements have been handed down.
522. As shown by the information provided in the table on the status of investigations of murders of trade unionists in 2005, the results of the investigations have been very significant. Accordingly, as indicated by the Office of the Public Prosecutor, of the total of 23 investigations, 17 of which are in the preliminary or initial inquiry phase, five are at the inquiry or investigation stage and one is before the court: 22 of the investigations are at the stage of the gathering of evidence, in one of the investigations charges have been brought, in four investigations precautionary measures have been adopted in the form of preventive detention and in only one of the investigations has a decision been taken not to proceed with the inquiry in accordance with section 327 of Act No. 600 of 2000.
523. The following is a list of the sentences handed down in trials for crimes committed against trade unionists.
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Name of trade unionist
1. Roque Alfonso Morelli Zarate
Jurisdiction: Single Specialized Court of Santa Marta
Convicted: Leonardo de Jesús Ariza, Edgar Antonio Ballesteros
Sentence: 360 months each (30 years each)
Comments:
Date of crime, 5 September 2002.
Sentenced on 16 September 2004.
2. Oscar Jaime Delgado Valencia
Jurisdiction: Third Criminal Court, Armenia Circuit
Convicted: Edilson Ospina Rubiano
Crimes: aggravated murder, attempted qualified and aggravated robbery and unlawful possession of personal defensive firearms
Sentence: 28 years' imprisonment
Comments: Date of crime, 4 February 2002.
Teacher Jaime Delgado Valencia, when leaving the school, was accosted by two persons to rob the chains he was wearing and, as he tried to seize and recover the chains from the attacker, he was shot in the head and the attacker escaped.
Third Criminal Court, Armenia circuit.
Conclusion: according to the sentence, he was murdered for reasons of common crime (robbery), therefore he was not murdered as a result of his trade union activities.
Sentenced on 2 December 2002.
3. Joselino Beltrán Sepúlveda
Jurisdiction: First Specialized Court of Popayán
Convicted: José María Reyes Guerrero
Sentence: 29 years
Comments: Date of crime, 19 November 2002.
4. José Fernando Mesa Alvarez
Jurisdiction: Single Specialized Court of Santa Marta
Convicted: Jaime Alberto Pavuena Vanegas
Sentence: Sentenced in 2004 to 320 months' imprisonment
Comments:
Date of crime, 2002.
Sentenced on 4 August 2004.
5. Jorge Ignacio Boada Palencia
Jurisdiction: Sixth Criminal Court of E. Bogotá
Convicted: Hugo Antonio Toro Restrepo
Sentence: 28 years' imprisonment
Comments:
Date of crime, 17 April 1998.
Sentenced on 16 July 2004.
6. Wilson Borja Díaz
Jurisdiction: National Human Rights Unit (UNDH)
Convicted / Sentence: Maldonado Vidales, major in the Colombian army / 28 years
Rueda Chávez / 28 years
Peña Avila, Rojas Galindo (retired corporal, Colombian army), / 42 months
Basto Bernal (corporal, Colombian army). / 18.5 years
Olaya Grajales (former soldier), Cadavid Acevedo (former lieutenant, Colombian army), Peña Avila (former corporal, Colombian army), Valero Santana (soldier, Colombian army),Castaño Gil (these five persons sentenced in absentia) / 18.5 years
Comments: 15 December 2000.
7. Tomás Quiñónez
Jurisdiction: UNDH
Convicted / Sentence: Maldonado Vidales (major in the Colombian army) / 28 years
Rueda Chávez / 28 years
Peña Avila, Rojas Galindo (retired corporal, Colombian army), /
Basto Bernal (corporal, Colombian army). /
Olaya Grajales (former soldier), Cadavid Acevedo (former lieutenant, Colombian army), Peña Avila (former corporal, Colombian army), Valero Santana (soldier, Colombian army), Castaño Gil (these five persons sentenced in absentia) /
Comments: Date of crime, 15 December 2000.
8. Sandra Liliana Quintero Martínez
Gilberto Díaz Germán Martínez
María Gladis Rodríguez
Jurisdiction: UNDH
Convicted: Olga Lucia Sánchez Castrillón (alias Moroha or Yunari) FARC Front 21
Comments:a Date of crime, 16 March 2002.
The court ended the prosecution in view of the death in combat with the Colombian army of Olga Lucia Sánchez Castrillón.
9. Jacobo Rodríguez
Convicted: Javier Reyes Hernández
Sentence: Sentenced
Comments: Date of crime, 18 September 2001.
10. Luis Miguel Rubio Epinel
Jurisdiction: Third Criminal Court, Cúcuta Circuit
Convicted: Víctor Julio Pallares Ibarra
Sentence: 320 months' imprisonment
Comments:
Date of crime, 15 July 2001.
Sentenced on 4 August 2004.
11. Luis Enrique Coiran Acosta
Jurisdiction: Specialized Court of Cúcuta
Sentence: Sentenced
Comments: Date of crime, 19 June 2002.
12. Cristina Echeverry Pérez
Jurisdiction: Specialized Criminal Court of Manizales
Convicted / Sentence:
Mauricio de Jesús Espinoza Córdoba y Verónica, Berlain Sánchez Jaramillo21 years and 8 months' imprisonment
A. Chiquito Becerra / 35 years imprisonment
Manuel Salvador Florez Marinez / 16 years and 8 months
Antonio Torres Torres / 16 years and 4 months' 'imprisonment
Comments:
Date of crime, 23 June 2001.
Sentenced on 12 June 2003.
13. Hugo Ospina Ríos
Jurisdiction: Fourth Criminal Court, Risaralda Circuit
Convicted: Andrés Mauricio Sánchez Gelves, Carlos Fernando and Molina Agudelo
Sentence: 13 years' imprisonment
Comments:
Date of crime, 26 February 2002.
Sentenced on 5 March 2005.
14. Rito Hernández Porras
Jurisdiction: Mixed Court, Saravena Circuit
Convicted: Jaime Nelson, Jorge Hugo, Edwin and Werner Londoño, Mosquera, González Florez y Oliveros Agudelo
Sentence: Preventive detention
Comments: Date of crime, 22 July 2003.
15. Bertilda Pavón Orozco
Jurisdiction: Criminal Circuit Court
Convicted: Geovanny Alfonso Escamilla Maldonado
Sentence: 29 years
Comments:
Date of crime, 3 January 2002
Sentenced on 7 October 2002.
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524. With regard to point (c) of the recommendations concerning investigations, the Government recalls that it is the party most interested in investigations being conducted and completed of alleged kidnappings, disappearances and threats. Therefore, as soon as any such acts come to its knowledge, it enters into contact with the competent bodies to ensure that investigations are being conducted and have commenced. Nevertheless, the Government indicates that, on certain occasions, the information provided by the complainant organizations is inadequate and that it is consequently very difficult for the competent agencies to be able to indicate the stage reached in the investigations.
525. However, the Government also recalls that it is making every effort to ensure that investigations are conducted and that it will keep the Committee informed. The Government is currently working in collaboration with the Public Prosecutor with a view, among other objectives, to initiating legal proceedings and compiling an updated report on investigations into acts of violence against trade union leaders and members.
526. The Government provides a report, reproduced below, of the investigations that are currently being conducted into murders of persons associated with trade union organizations by the offices of the Public Prosecutor for 2002-04:
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Sectoral office / Murders 2002 / Murders 2003 / Murders 2004 / Murders 2005 / Total
Bogotá / 1 / 0 / 5 / 0 / 6
Antioquia / 4 / 4 / 3 / 1 / 12
Armenia / 3 / 0 / 0 / 0 / 3
Barranquilla / 2 / 2 / 1 / 0 / 5
Bucaramanga / 8 / 4 / 1 / 1 / 14
Buga / 2 / 2 / 9 / 0 / 13
Cali / 9 / 4 / 6 / 1 / 20
Cartagena / 2 / 1 / 3 / 3 / 9
Cúcuta / 21 / 27 / 9 / 1 / 58
Cundinamarca / 0 / 1 / 0 / 0 / 1
Florencia / 8 / 1 / 0 / 0 / 9
Ibagué / 2 / 4 / 1 / 0 / 7
Manizales / 4 / 2 / 0 / 3 / 9
Medellín / 26 / 7 / 9 / 0 / 42
Mocoa / 3 / 1 / 4 / 0 / 8
Montería / 0 / 1 / 0 / 2 / 3
Neiva / 4 / 1 / 0 / 0 / 5
Pasto / 7 / 2 / 0 / 0 / 9
Pereira / 2 / 3 / 2 / 1 / 8
Popayán / 3 / 1 / 4 / 0 / 8
Riohacha / 1 / 0 / 1 / 0 / 2
Santa Marta / 15 / 6 / 1 / 1 / 23
Santa Rosa de Viterbo / 1 / 1 / 1 / 1 / 4
Sincelejo / 2 / 2 / 1 / 0 / 5
Tunja / 0 / 0 / 4 / 0 / 4
National Human Rights Unit / 6 / 2 / 4 / 0 / 12
Valledupar / 1 / 2 / 5 / 0 / 8
Villavicencio / 2 / 0 / 4 / 0 / 6
Total / 139 / 81 / 78 / 15 / 313
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527. It may be concluded from the table above that:
– the total number of investigations into murders of persons associated with trade union organizations is 313;
– the local office of the Public Prosecutor of Cúcuta is investigating 58 cases of murders of persons associated with a trade union organization. This office covers the region with the most violations;
– the local office of the Public Prosecutor of Cundinamarca is investigating one case of the murder of persons associated with a trade union organization. This office covers the region with the lowest number of violations.
528. The decisions which have been adopted in each of the investigations for the years 2002-04 are as follows:
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Decision / Total
Imposition of precautionary measures. Preventive detention. 36
Decision to bring charges / 21
Sentenced / 4
Order the gathering of evidence / 131
Order completion of the investigation to assess its merits (to bring charges or close the case) 5
Order that the investigation should not proceed / 99
Suspension of the investigation / 19
Order the closure of the case / 2
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529. The above table shows that the 313 cases in which the victims of murders are associated with a trade union organization have been covered by effective investigations, the gathering of evidence has been ordered with a view to identifying those responsible for the crime, sentences have been imposed and those responsible for the crime have been imprisoned.
530. It should be noted that, in accordance with Act No. 600 of 2000, the Public Prosecutor or officers shall not order an investigation to be commenced, that is shall decide that an investigation shall not proceed, when criminal proceedings cannot be initiated or pursued. This decision is provisional since, once evidence is obtained demonstrating the responsibility of those who committed or participated in the crime, the investigation may be continued.
531. Decisions not to proceed with or to suspend investigations mean that evidence was gathered, but that it was not possible to identify those responsible or who participated in the crime. Nevertheless, such decisions are provisional, as the investigation may be continued where such evidence is produced.
532. It is also important to emphasize a number of the reasons why an investigation may be provisionally suspended or a decision taken not to proceed with it:
– difficulties relating to the protection of witnesses;
– lack of collaboration by the community in providing information to help clarify the events;
– difficulties for investigators to travel to the scene of the crime because it occurred in areas in which public order is not effective;
– difficulties relating to the identification of members of illegal armed groups, such as paramilitary forces and guerrillas;
– the refusal of witnesses to give evidence;
– the lack of witnesses who can identify or indicate those responsible for crimes.
533. The Public Prosecutor, with the assistance of the judicial police, undertakes a methodological programme to gather evidence with a view to elucidating crimes, for which purpose objectives are established and the investigation coordinated and controlled.
534. Appendices 1, 2, 3 and 4 contain various tables showing the current situation with regard to investigations:
– Appendix 1 shows the current situation with regard to investigations in 2002-05 concerning cases of victims associated with trade union organizations and prosecutions in which sentences have been imposed;
– Appendix 3 enumerates the situation with regard to the investigations which have been undertaken up to now by the Public Prosecutor.
535. With regard to point (f) concerning protection measures for trade unions and their members, the Government places emphasis on its constant concern to ensure respect for the human rights of the inhabitants of the country, particularly in the case of trade union leaders. It has accordingly continued to strengthen the protection programme, despite the budgetary deficit, of which everyone is aware. At present, protection plans are in operation for 163 trade unions, and up to 2004 the programme had covered 6,107 trade union leaders (Appendix 2).
536. The strengthening of the protection programme is described below, and it may be noted that 54.96 per cent of the total budget is currently allocated for trade union leaders.
Financial strengthening of the protection programme - Budgetary resources (thousands of Colombian pesos)
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Year / National budget / USAID international cooperation / Total / Increase in relation to previous year (percentage)
1999 / 4 520 000 / / 4 520 000 / 0
2000 / 3 605 015 / / 3 605 015 / -20
2001 / 17 828 455 / 4 095 000 / 21 923 455 / 508
2002 / 26 064 000 / 4 043 995 / 30 107 995 / 37
2003 / 29 000 000 / 4 954 955 / 33 954 955 / 13
2004 / 30 740 000 / 6 426 304 / 37 166 304 / 9
Total / 111 757 470 / 19 520 254 / 131 277 724 /
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Budgetary period / Amount / Proportion
1999-31 July 2002 / 36 017 470 / 32.23
August 2000-June 2004* / 75 740 000 / 67.77
Total / 111 757 470 / 100.00
* In addition, during this period resources totalling 13,066 million pesos were made available through international cooperation.
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Budgetary allocations: not in Libsynd
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Quantity
1999 / 2000 / 2001 / 2002 / 2003 / 2004 / Total
Persons directly benefiting from protection measures / 84 / 375 / 1 043 / 1 566 / 1 424 / 1 615 / 6 107
Mobile protection plans:
- with vehicle / / 31 / 60 / 70 / 40 / 13 /
- escort vehicles / / / / / / 10 / 224
Armouring for buildings / / 40 / 1 / 27 / 30 / 25 / 123
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2004
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Item / Quantity
Number of sessions of the Commission for the Regulation and Evaluation of Risks / 33
Persons directly benefiting from protection measures / 1 615
Mobile protection plans in operation / 23
Armouring for buildings / 25
Bullet-proof jackets / 22
Communication equipment:
1. Avantel 615
2. Celular 692 / 1 307
Support measures:
Support for temporary relocation / 114
National air tickets / 144
International air tickets / 1
Support for transport / 106
Participation by national budget (thousands of pesos) 17 518 801
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537. In relation to security, the Government indicates that the security of citizens is one of its priorities and that, with a view to affording the whole community the means and resources indispensable for its protection, the Government issued Decree No. 2170 of 7 July 2004, determining the organization and operation of the National Citizens’ Security and Coexistence Fund.
538. As the International Labour Organization is aware and recognizes, the Government, in its constant concern to ensure respect for the human rights of the inhabitants of the country, with particular regard to trade union leaders, in 1997 established the protection programme, which is unique in the world, through the “Commission for the Regulation and Evaluation of Risks (CRER) of the Programme for the Protection of Witnesses and Persons under Threat”, under the leadership of the Ministry of the Interior and Justice. The objective of the programme is to protect persons who are in a situation of imminent risk affecting their life, integrity, security or freedom for reasons related to political or ideological violence, or terrorism. This is a clear demonstration of the concern of the country’s leaders that, despite the budgetary deficit, which is common knowledge, great efforts should be made to ensure the protection of trade unionists.
539. Between August 2002 and June 2004, the Government invested 111,757,470 Colombian pesos in the protection programme, in addition during the same period to resources totalling 13,066 million Colombian pesos through international cooperation.
540. Despite the protection measures provided, various factors unfortunately affect the community as a whole and it is therefore necessary to recall that murder victims come from many sectors of society and all types of situations, ranging from those who simply live in situations of conflict to those whose work involves risks, of whatever type.
541. The following table shows the total number of murder victims in relation to the number of murdered trade unionists.
Comparative table of murders 2000-May 2005
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Year / Total number of victims / Murders of trade unionists / Variation (percentage)
2000 / 26 540 / 155 / 0.5
2001 / 27 841 / 205 / 0.7
2002 / 28 837 / 196 / 0.6
2003 / 23 507 / 101 / 0.4
2004 / 20 167 / 89 / 0.4
2005 / 7 025 / 21 / 0.2
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542. This information is not intended as a justification since, as the Government has always indicated, “for Colombia, even a single violent death is sufficient to maintain its efforts to strengthen state action to guarantee the life of its citizens, including most particularly trade union leaders and members, in view of their importance for our democracy”.
543. Of the 93 persons reported in the communication sent in 2004 by the World Confederation of Labour as trade union leaders and members who were murdered in 2004, the following should be noted:
(1) Luis José Torres Pérez (Nos. 19 and 73 in the list) is listed twice in the communication provided by the Federation, under No. 19 with the indication that Luis José Torres Pérez of the ANTHOC union was murdered on 4 March in the municipality of Barranquilla Atlántico and, under No. 73, also as a member of ANTHOC, but with a different date and place, where he is reported as being murdered in the municipality of Bordó, Department of Cauca: according to our information, Luis José Torres Pérez was murdered on 4 March in Barranquilla Atlántico.
(2) Wilson Gómez Sierra (No. 44 on the list), murdered on 23 May 2004 in the Department of Santander, is reported as being a member of the Teachers’ Union (SES) while, according to the certification sent by the Teachers’ Union of Santander (SES), by Pedro J. Contreras Delgado, Wilson Gómez Sierra was not a member of that union.
(3) Yanis Valencia Fajardo (Nos. 58 and 66 on the list), murdered on 11 August in the municipality of Tierra Alta Córdoba, is reported as being a member of the Teachers’ Association (ADEMACOR) while, according to the certification sent by the Teachers’ Association of Córdoba (DEMACOR) by Eliazar Pérez Oviedo, Yanis Valencia Fajardo was not a member of that union. Moreover, she is included twice in the list under Nos. 58 and 66.
(4) Pedro Jaime Mosquera Cosme (No. 79 on the list), reported as being a leader of the Single National Agricultural and Stock-raising Federation, murdered in the municipality of Arauca, according to the information of the Public Prosecutor, was killed in Nula, municipality of San Camilo, Apure state, Venezuela, during the rescue of the young Dayan Lissete Guerrero Morales, with Pedro Jaime Mosquera Cosme appearing in the capacity of kidnapper in the rescue.
544. The above information shows that the real figure is not 93, but 89, as the Government has always indicated. Evidently, while this figure should not exist, there has however been a reduction in the number of murders in 2003.
545. As stated by the Federation and in accordance with the data collected by the Observatory on Human Rights and International Humanitarian Law on violations of the human rights of the most vulnerable population groups, teachers form one such group. Given that, as has already been demonstrated, the teaching sector is one of the most vulnerable sectors, the national Government, as a part of its ongoing efforts to guarantee and provide protection to all inhabitants of the national territory and with the aim of protecting this vulnerable sector, issued Decree No. 1645 of 1992 “adding to and amending Decree No. 1706 of 1989 and establishing mechanisms for assisting teaching and administrative personnel employed in national and nationalised training establishments who are under threat, and setting out other provisions.” Furthermore it issued Decree No. 3222 of 2003 “regulating Article 22 of Law No. 715 of 2001, with regard to transfers of teaching staff and educational administrators from state educational establishments.”
546. Appendix 3 contains details of progress made concerning the cases which have so far been forwarded by the Office of the Attorney-General. It should be pointed out that, given the inexact nature of the information available relating to a number of cases, it has been difficult to collect data and it is for this reason that it has not been possible to provide certain details. In Appendix 4, the Office of the Attorney-General provides a list of the enquiries carried out into killings committed in 2004.
547. Appropriate measures have, however, been taken whenever trade union organizations have come forward with information. As was previously stated, as soon as a complaint has been lodged regarding any act of violence against any member of a trade union or its organization, it is communicated to the competent bodies, which initiate the appropriate investigation procedure, automatically or following a complaint.
548. With regard to subparagraph (i) of the recommendations regarding the allegations put forward by SINTRAEMCALI, the Government states that Municipal Enterprises of Cali (EMCALI EICE ESP) is a multi-service industrial and commercial enterprise, whose main activity is the provision of water, basic sanitation and the distribution, marketing and generation of energy and telecommunication services to Cali and various neighbouring municipalities.
549. EMCALI EICE ESP’s aim was to become, within five years, the enterprise of choice in South-West Colombia with regard to the provision of domestic public services, including water, sewers, energy and telecommunications, through its attention to the needs of its clients and users and its constant quality of service, competitiveness and productivity.
550. In 1997, EMCALI stood out amongst the 500 largest companies in Latin America as a model of efficiency and solvency in the field of provision of public services. However, subsequently it went on to top the tables of technically bankrupt public enterprises on the point of being liquidated. Faced with this situation, Cali Town Hall requested the national Government to intervene in the enterprise’s affairs, an act made official by the Superintendency of Public Services. Thanks to an agreement between the trade union, the workers, national and local government, clients and creditors, the public services enterprise of Cali avoided liquidation and is able to guarantee that from now on it will be a viable concern, providing a quality service to the population (the Government provides below a chronological account of the events relating to the dispute between the trade union organization and the enterprise which cannot be transcribed in full as they are being studied as a part of another ongoing case, Case No. 2356).
551. In accordance with the provisions laid down by law, on 13 February 2003 EMCALI EICE ESP-EMCALI EICE ESP Empresa Industrial y Comercial del Estado del Orden Municipal signed an irreversible trust management agreement for administration and payment, governed by private law as expressly stated under Law No. 689 of 2001 and Law No. 80 of 1993, the aim of which is to manage the resources necessary for the adoption and implementation of measures that will lead to the shaping of decisions regarding the future of EMCALI, in accordance with the plan contained in Resolution No. 000141 of the Superintendency of Domestic Public Services.
552. The National Electricity Financing Agency (FEN) is a commercial mixed economy company linked to the Ministry of Mines and Energy, which is governed by articles 258-263 of the Organic Statute of the Financial System, Decree-Law No. 663 of 1993. In order to achieve the company’s corporate purpose, the Financial Organic Statute sets out the operations that FEN is authorized to carry out, operations in which FEN provides services as a trustee.
553. Basically the aim of the trust management agreement is to lend support in providing the professional services required for the adoption and implementation of the measures which will lead to the taking of decisions regarding the future of EMCALI EICE ESP. The agreement contains the mandate given by the EMCALI EICE ESP to FEN, so that FEN may represent it during the process of achieving the aims of the trust management agreement whilst acting in accordance with the instructions of the Trust’s Technical Committee or the special agent of EMCALI.
554. To date FEN has signed various contracts on behalf of EMCALI, in accordance with the aims of the trust management agreement and on the instructions of the Trust Technical Committee or the special agent of EMCALI. In accordance with Act No. 23 of the EMCALI Trust Technical Committee and in order to encourage integral safety management of technical risks on the part of EMCALI and to complete the process of restructuring with regard to the latter, at its meeting on 8 June 2004 the Technical Committee authorized FEN to conclude a consultancy contract on behalf of EMCALI with the contractor Consultoría Integral Latinoamericana Ltda. (CIL), in order to encourage integral safety management of technical risks on the part of EMCALI, in accordance with the aims of the trust management agreement for administration and payment concluded between FEN and EMCALI and the operational financial and labour adjustment agreement for the restructuring of EMCALI’s debts, an agreement lasting twenty years which contains conditions and controls that must be respected by the enterprise. One such condition is related to losses, especially concerning the energy business, which clearly affect EMCALI’s financial results.
555. Consultancy contracts are defined in subparagraph 2 of Article 32 of Law No. 80 of 1993 in the following fashion:
Article 32
2. Consultancy contract. Any contract concluded by a state entity regarding studies necessary for the execution of investment projects, diagnostic, pre-feasibility or feasibility studies for specific programmes or projects, such as technical coordination, control and supervisory assessments.
Any contract the aim of which is to intervene in, assess or manage works or projects, or manage, plan and execute designs, plans, preliminary projects and projects is held to be a consultancy contract.
The intervening party shall not impart any instructions verbally. The intervening party must submit its instructions or suggestions in written form and must do so in accordance with the terms of the respective agreement.
556. Consultancy contracts may be concluded with natural or legal persons, through which the administration contracts specialized consultancy, intervention or management services for works or projects, or the preparation of studies and diagnostics which do not always coincide in terms of content with the activities of the contracting body; for which reason the latter may have recourse to natural or legal persons specializing in a determined field who offer knowledge and experience in a specific area or activity.
557. As a part of the consultancy contract concluded between CIL and FEN, CIL undertook to provide EMCALI with integral advice on risk management and maintenance engineering concerning its infrastructure, while undertaking to fulfil the following obligations:
– assess the infrastructure maintenance programmes and plans currently in place at EMCALI;
– assess the plans, programmes and reports on the carrying out of maintenance on 115,000 and 34,500 volt lines and substations (transformers, components of substations and control and protection systems and equipment). As a part of which the consultants were required to:
(a) collect information on the maintenance plans and programmes, reports on the carrying out of maintenance, as well as on the administrative and technical structure of the relevant electricity provider;
(b) inspect the electricity provider’s substations to gather information on the state of the systems and equipment;
(c) analyse the management of maintenance work carried out within the electricity provider;
(d) prepare an analytical report and recommendations;
(e) carry out a study into the technical and socio-political risks affecting the electricity provider and the services provided by the latter, in order to identify natural and technical risks and assess the vulnerability of the electricity provider’s systems, equipment and installations. In order to achieve this the consultants were required to:
(1) identify and document technical and natural risks to which the electricity provider’s systems and equipment are exposed;
(2) assess the state of the main systems and components of the substations;
(3) assess the vulnerability of the electricity provider and its service in the face of the most serious threats;
(4) assess the importance of energy installations with regard to their impact on the stability and operation of the electricity provider’s system;
(5) provide a framework of recommendations for the improvement of maintenance management within EMCALI with the aim of designing plans, programmes and the minimum administrative and technical structure required to achieve this objective. In order to perform this task the contractor was required to:
(i) design the maintenance plans and programmes necessary in obtaining the best possible levels of dependability, in accordance with levels of deterioration or ageing of equipment;
(ii) design the minimum administrative and technical structure required to develop the recommended approach to maintenance management;
(iii) prepare, structure and edit the reports containing the analysis and recommendations of the contractor;
– define the structure of the report containing the studies carried out and the recommendations made concerning the approach to maintenance management that, as a result of the assessment, needs to be developed within EMCALI;
– edit and transmit reports and carry out the other activities that the contractor shall perform in order to comply with the contract;
558. The completion time for the contract concluded with CIL was four months, within which time the contractor was required to carry out its obligations and transmit the respective reports to the contract administrator for approval.
559. The consultancy contract was authorized by the Technical Committee at its meeting of 8 June 2004, in order to encourage integral security management of technical risks on the part of EMCALI.
560. It should be pointed out here that, as is stated in the report, risk management consists of the systematic application of management policies, procedures and practices to establish the context, identification, analysis and assessment of the risks to which an enterprise or project is expose and the definition of the measures necessary to reduce the vulnerability engendered by these threats, as well as the definition of risk follow-up and monitoring activities with the aim of minimizing losses, increasing dependability and quality of processes and maximizing the enterprise’s profitability.
561. Integral risk management is necessary as all activities and processes entail various inherent risks and those involved in developing such processes are affected by threats present around them which may lead such individuals to compromise the development of processes and to generate losses, or in some way damage the management of the enterprise. The threats affecting an enterprise like EMCALI are determined by the processes which are carried out within such organizations, the environment in which the enterprise’s infrastructure is located, or within which the processes unfold.
562. Risk management has traditionally been used to give structure to those risk administration systems which allow enterprises to identify the risks of accidents to which they are exposed and to define measures to reduce their vulnerability to such risks. An important element of risk administration systems is the recording of disasters and accidents that have occurred, the assessment of the impact of disasters on the enterprise’s main resources and components and the follow-up to the events using indicators, through statistical databases.
563. Over the last ten years, risk management has also been applied as a fundamental tool for structuring process management within companies, as well as: to define and apply management indicators; to continually improve processes; to give structure to plans for technological improvements; in plans to reduce job completion times; in developing plans aimed at lowering exposure and fatigue amongst personnel and increasing the time available for research and development; in plans to reduce waste, surpluses, pollutants and residues (protection of the environment and communities); to guarantee greater access to the service provided by the enterprise and to maximize financial profits and human benefits, with the overall aim of boosting the enterprise’s profile and increasing its profitability.
564. In accordance with the aim of the consultancy contract, the contractor opted to carry out the risk assessment based on the gathering of information, on the facts which came to light regarding the enterprise’s electrical infrastructure, offences reportedly committed in and around substations and data collected during visits to substations to check on the private surveillance arrangements in place and prevention, protection and monitoring measures.
565. Based on this information, threats that could affect the electrical infrastructure were identified and profiled and vulnerable areas were assessed to determine the most serious risks affecting substations.
566. Once risks have been assessed, existing security measures are examined to determine whether they can adequately minimize such risks, or whether measures need to be heightened in order to render the installations and the energy provision service less vulnerable.
567. As is stated in the report, risk analysis is solely focused on electricity substations, in accordance with the terms of the contract. It is extremely important to profile socio-political threats in order to assess the vulnerability of substations and the energy provision service and, on this basis, to be able to recommend the adoption of the security measures necessary to render substations less vulnerable and the emergency and contingency plans that the consultants guarantee will reduce the impact of this kind of event should it occur.
568. The Government transmits a few paragraphs of the study carried out by the consultants within the context of the socio-political issues that were affecting EMCALI, these issues mainly being linked to the current situation in the country, the various problems of violence afflicting Colombia, their origins and the way in which they may affect EMCALI. The study was carried out taking account of the characteristics of the enterprise and the situation regarding vulnerability. Most importantly the study was carried out with the sole aim of making recommendations regarding the adoption of the security measures necessary to reduce weaknesses affecting installations and the emergency and contingency plans that would ensure the reduction of the impact of events adversely affecting the provision of electricity to the inhabitants of Cali and neighbouring municipalities.
569. The Government points out that, as is stated in Act No. 23 of 29 of November 2004 issued by the EMCALI Special Technical Committee, it checked that all the obligations contained in the contract concluded with the enterprise CIL had been met, concluding that they had been satisfactorily met by the contractor and, in accordance with the terms contained in the liquidation clause appearing in the respective contract, FEN was authorized to proceed to liquidate the contract.
570. However, both the trust management agreement and the consultancy contract were signed in accordance with current guidelines. The aim of the agreement was justified in that there was a need to carry out a risk assessment in the case of EMCALI. The consultancy contract was necessary because, in general, all public and private enterprises have an inalienable right to ensure the security of their assets. In the same way our penal code does not consider the purpose of the abovementioned contract to be improper, as presumption of legality already exists and the enterprise is acting in good faith.
571. In the same way, given that contracts arise from administrative procedures, in the event that they are held to be contrary to the principles of the civil service such contracts may be challenged before the competent legal body. In this case, no known actions have been launched to challenge the legality of the abovementioned contracts.
572. However, it should be pointed out that, under Article 52 of Law No. 80 of 1993, contractors must answer, both in the civil and penal courts, for their actions and omissions when carrying out a contract within the terms of the law and, thus, for whatever reason, if irregularities occur which derive from the contracts that have been signed, the contractors shall answer before the penal courts for the acts of which they stand accused.
573. As to the enquiries into this subject carried out by the competent authorities, the Government states that the National Human Rights Unit of the Office of the Attorney-General, is carrying out an enquiry (No. 2028) which is in the preliminary stages.
574. Branch No. 36 of the Office of the Attorney-General initiated an enquiry (No. 691553-1563-36) into reports of threats against Alexander López, Carlos Marmolejo and Oscar Figueroa.
575. The decision of 24 September 2004, ordered that a preliminary investigation be opened, as a part of which the order was given to gather the following evidence, which was duly presented:
– The Operational Committee of Cali issued the Head of the Metropolitan Police with a protection order for Messrs. Luis Imbachi, Carlos Marmolejo, Oscar Figueroa and Alexander López Maya, members of the SINTRAEMCALI trade union;
– On 20 October 2004, the Section Head of Intelligence MECAL (Metropolitan Police of Cali), informed us that “Personnel attached to the Intelligence Section visited the premises of the SINTRAEMCALI trade union. It not being possible to interview Messrs.. Luis Imbachi, Carlos Marmolejo, Oscar Figueroa Pachón and Alexander López Maya, on 11 October 2004 through communication No. 1164 Messrs. Luis Imbachi, Carlos Marmolejo, Oscar Figueroa and Alexander López Maya were requested to meet with the risk analysis group but this request met with no reply. On 15 October 2004 through communication No. 1234, the abovementioned individuals were again requested to meet with the risk analysis group which was ready to address their security needs;
– On 28 September 2004 a written request was sent to the SINTRAEMCALI trade union, calling on Mr. Luis Imbachi to come to the office in order to comply with the communication of 11 October, a communication that had been duly received, as is shown by the copy of the communication bearing a receipt stamp dated 4:04 pm, 30 October 2004. In a communication dated 16 November 2004, an identical request was made convoking the same individual to a meeting on 23 November.
– No cooperation or reply was forthcoming from the abovementioned individual.
– On 28 September 2004, a request was passed on to the Administrative Security Department (DAS) for information concerning the security of Messrs. López Maya, Imbachi, Marmolejo and Figueroa;
– On 7 October 2004, a reply was received to the abovementioned communication, stating that the individuals referred to in the aforementioned communication were covered by a DAS protection scheme consisting of bodyguards, armoured vehicles, armed support and communications services for an indefinite period;
– On the same date, the National Police Intelligence Service (SIPOL) was requested to assess the level of risk affecting the abovementioned individuals;
– The reply dated 22 October 2004 stated that “Personnel attached to the Intelligence Section on several occasions visited calle 18, No. 6-54, in this city, the site of the premises of the SINTRAEMCALI trade union, requesting an interview with Mr. Alexander López Maya and the Chairperson or members of the Executive Committee, having been informed by a security guard (Guillermo Pineda) that theses individuals were prepared to speak with us. However, when no response was forthcoming it was decided to send a request to the Chairperson of the trade union (communications Nos. 4433 and 4434 of 19 September 2004) for an interview with each of the individuals referred to in the document, in the hope of initiating the risk level assessment”;
– The Technical Investigations Corps (CTI) was ordered to identify or profile those responsible for the events under investigation;
– In a report received on 15 September 2004, the investigator assigned by the CTI to carry out the abovementioned mission stated that: “In order to comply with the request made by the present working commission, I made inquiries into the SINTRAEMCALI organization in order to obtain information regarding those responsible for the events. As a part of this investigation, Mr. Luis Imbachi was interviewed and, on being made aware of the circumstances, identified himself with Identity Card No. 16 643 116 Cali, stating the following with regard to the events: “They have continued to make threatening calls to the families of my colleagues and we have spoken with the Office of the Attorney General (FGN) in Bogotá, the Public Prosecutor’s Office, the Public Ombudsman’s Office, the United Nations High Commissioner, the embassies and all of the various government bodies who said that they would strengthen security; I know that these threats are linked to Operation Dragon, some of my colleagues have moved to new locations for security reasons, I don’t know who it could be …”, in brief, the outcome of the mission was negative;
– On 13 October 2004, the Bogotá office of the DAS was requested to carry out a risk level assessment concerning the individuals who had been threatened;
– On 21 October 2004, it was reported that “… following the instructions of the General Directorate of the Administrative Security Department and within the legal framework of competencies pertaining to that body, in reply to your communication of 13 October 2004, I wish to report that, currently, Congressman Alexander López Maya and Messrs. Luis Enrique Imbachi Rubiano and Oscar Figueroa Pachongo are receiving protection under the protection programme for trade union leaders and defenders of human rights which is run by the DAS of the Ministry of the Interior and Justice. Since 2000, these individuals have been under strict guard, involving the use of trucks, bodyguards and weapons. This office will assess the self-protection and personal security of the leaders of SINTRAEMCALI and Mr. Alexander López Maya, an active member of Congress and will guide them through the steps that they must take regarding their situation before the Ministry of the Interior and Justice and the Human Rights Directorate, where their cases will be studied and an assessment made of their security.”;
– Moreover, on 31 December 2004, the Bogotá DAS office sent a copy of the confidential security service re-assessment carried out in Bogotá for Doctor Alexander López Maya, which states that: “… In this regard, during its 9 December 2004 session, the Technical Committee of the Special Protection Office estimated the level of risk (medium-low) and made recommendations”.
– Along with a communication received on 21 January 2005, the Bogotá DAS office sent a strictly confidential copy of the technical assessment of the level of risk and grade of threat affecting Mr. Carlos Adolfo Marmolejo and other members of the SINTRAEMCALI Executive Committee, estimating the level of risk to be medium-low: there is no evidence of any kind of threat which might affect the personal security of the subject; the level of risk is the same as that affecting anyone in a public or private post, job or profession;
– In a communication dated 13 October 2004 and 16 November 2004, the management of the EMCALI telecommunications division was requested to provide a copy of the details of the action taken following Mr. Imbachi’s request to trace the location from which the threatening call was made to him and to inform him of the number of the card used to make the call. The communication was duly received on 20 October 2004, according to the enterprise’s receipt stamp.
– Finally, the following reply was received in a communication received on 3 January 2005: “In relation to your request, please find attached a communication signed by Mr. Robinsón Romero Mazuera, a public servant in this organization who dealt with the call made by a female relative of Mr. Luis Enrique Imbachi Rubiano.” Attached is a note regarding the “Report on the Luis Imbachi case”: “When the case of the threat against Mr. Luis Imbachi came up, I got a call from his wife asking me for information about it all, she said that Luis Imbachi’s mobile phone had recorded a phone number and asked me to tell her the location of this phone, the number of the card used to make the call and to give her the record of any other calls made using this card. I gave her the location based on the registry in our database of public telephones, and, if I am not mistaken, it corresponded to a public phone located in the area surrounding the San Fernando plant. I also told her that the telephone card monitoring systems recorded neither the series, nor the details of calls made using each card and that, therefore, I could not give her that information.”
576. As a part of the abovementioned enquiries the Office of the Attorney-General issued an inhibitory order based on the following considerations:
It should be pointed out that the terms of Article 322 of the Criminal Procedure Code (CCP) could not be complied with, given that all lines of enquiry were exhausted, without mentioning the fact that despite the urgent need for Mr. Imbachi to attend an interview in the office, he did not do, demonstrating a complete lack of cooperation and of interest in making progress with regard to the case. Nor was there any evidence that would allow investigators to determine whether the calls were made in the way reported and whether they fell into the strict definition stipulated by the law and secondly it was not possible to profile or identify any suspects.
Despite the obvious effort made by the Office of the Attorney-General concerning this investigation, it was not possible to achieve the results that would have led to an inquiry and, thus, it is proper to proceed, in accordance with Article 327 of the CCP to issue an inhibitory order, consequently provisionally filing the enquiries on the understanding that, should further evidence be found, the case will be re-opened, should there be grounds to do so.
In seeking out arguments which provide a base for and support our decision we had recourse to the terms of the ruling handed down by the Constitutional Court on 28 September 1993 which states that “The purpose of the pre-trial investigation is to establish the minimum grounds for proceeding to prosecute and to give effect to the formal initiation of the criminal process. A simple report of an offence having been committed (noticia criminis) is not sufficient to justify initiating criminal proceedings and activating the investigative and punitive apparatus of the State, unless it is supported by evidence providing the prerequisites for criminal proceedings (the fact that the act committed is a statutory offence, the identification of those responsible for or participating in the act, the admissibility of the proceedings) which, in principle, provide rational grounds for taking action. The legislator rejected the automatic initiation of criminal proceedings on the grounds that, as well as being a serious oversight with regard to the principle of effectiveness, it could also lead to poor use of state justice administration resources which, being scarce, necessarily have to be put to appropriate use.
577. With regard to compliance with these terms, mention should be made of the comments made by the Superior Court of the Judicial District of Armenia, as a part of the Penal Decisions Division protection ruling (sentencia de tutela) of 12 June 2001: “When legal proceedings are initiated owing to a crime of any sort having been committed, officials of the judiciary must follow a certain course of action. Such a course of action must contain guarantees for the parties involved, in order to allow a defence to be mounted in an expeditious manner and to ensure that each and every one of the rights of the accused is respected in this regard. In this particular case, these conditions are set out in the Criminal Procedure Code which establishes the precise steps which must be followed, from the “noticia criminis” up to the moment of the final decision regarding the dispute through a ruling or any other decision with similar binding force to a ruling, such as the dismissal of charges or cessation of procedure. The conditions include the establishment of the procedure, the opportunity for the accused to mount a defence, the definition of the legal situation and specific indication of the charge or charges, the peremptory terms within which all procedures and investigations must be carried out, with the appropriate legal classification and the right of the defendant to have every opportunity from a procedural point of view to challenge decisions and guaranteed compliance with and respect of all rights of all the parties during the trial and during the corresponding term of imprisonment.”
578. On the other hand, Articles 1 and 7 of the Statutory Justice Administration Law establish the principles of swiftness and efficiency as being fundamental to the workings of the legal system, holding contempt of the terms to be a disciplinary matter. In such a way, the Disciplinary Chamber of the Honourable Superior Council of the Judiciary has supported such principles in a practical manner by reiterating them and applying them to cases brought before it (Files Nos. 1998141301315 of 12 February 2003, Magistrate Rubén Darío Henao Orozco and 200110285-01 of 13 February 2003, Magistrate Guillermo Bueno Miranda, published in the Gaceta Jurisprudencial (Jurisprudence Gazette), editoral LEYER, No. 121, March 2003, and Nos. 127 and 129).
579. Luis Imbachi was notified of the above decision in order to allow him to submit the corresponding appeal. None of the parties concerned lodged an appeal and the ruling was enforced.
580. The Office of the Attorney-General began efforts to investigate, identify and punish those allegedly responsible for the actions in question. However, presumably owing to the behaviour of those individuals who had been threatened, it was not possible to continue with the legal proceedings.
581. The Office of the Public Prosecutor, in accordance with communication No. 002171 of 3 June 2005 of the National Directorate of Special Investigations of the Office of the Public Prosecutor, carried out a preliminary investigation (No. 009-112759) which is currently in the assessment stage.
582. Decree No. 2788 of 2003 “Unifying and governing the Risk Assessment and Control Committee for the Protection Programmes of the Human Rights Directorate and the Protection Programmes of the Ministry of the Interior and Justice states in Articles 1 and 2 that:
Article 1. The structure of the Risk Assessment and Control Committee (CRER). The Risk Assessment and Control Committee for the Protection Programmes of the Human Rights Directorate of the Ministry of the Interior and Justice will be structured in the following fashion:
(1) The Vice-Minister of the Interior or his deputy, who will chair the Committee.
(2) The Director of Human Rights at the Ministry of the Interior and Justice or his deputy.
(3) The Director of the Presidential Programme for the Promotion, Respect and Protection of Human Rights and the application of International Humanitarian Law or his deputy.
(4) The Director of the Administrative Department of Security (DAS), or his deputy from the Protection Directorate.
(5) The General Director of the National Police or his deputy for Human Rights.
(6) The Head of the Social Solidarity Network or his deputy.
The Director of Human Rights of the Ministry of the Interior and Justice shall act as Committee Secretary.
Paragraph 1. Representatives of the Office of the Public Prosecutor, the Office of the Public Ombudsman and the Office of the Prosecutor of the Republic shall take part in the meetings of the Committee but will only have the right to speak.
Paragraph 2. The Office of the United Nations High Commissioner for Human Rights and four (4) representatives of each of the target populations covered by the Protection Programmes of the Human Rights Directorate of the Ministry of the Interior and Justice shall participate as special and permanent guest members.
Paragraph 3. Taking into account their constitutional and legal competences, each of the Committee members shall answer for his actions and omissions with the framework of the functions of the Committee.
Paragraph 4. The non-governmental members of the Committee shall only attend those sessions during which issues linked to the target populations they represent are examined.
During the same Committee sessions members may discuss issues affecting various target populations. In such a case, the representatives of those target populations shall be in attendance.
Paragraph 5. A public servant designated by the Director of the Human Rights Directorate of the Ministry of the Interior and Justice shall take on the role of Technical Secretary of the Committee.
The Technical Secretary shall take the minutes of each session, minutes which shall then be approved and signed by all the Committee members attending the session in question.
Article 2. The functions of the Risk Assessment and Control Committee (CRER). The Risk Assessment and Control Committee, which unifies and governs the Committee for Control and Protection Programmes of the Human Rights Directorate of the Ministry of the Interior and Justice shall have the following functions:
(1) Evaluate cases presented by the Human Rights Directorate of the Ministry of the Interior and Justice and, in exceptional circumstances, by any of the Committee members. This evaluation shall be carried out taking into account the target populations covered by the Protection Programmes and the regulations applicable.
(2) Examine expert assessments of risk levels and grades of threat and expert studies of the physical security of installations, according to each case.
(3) Recommend the protection measures it considers to be appropriate.
(4) Periodically follow up the implementation of protection measures, and, based on this follow-up, recommend that the necessary changes be made.
(5) Establish its own regulations.
(6) Any other functions which may be necessary in the course of its work.
583. The CRER is an evaluation body, made up of representatives of different state bodies and the target populations, the objective of which is to recommend the adoption of the most appropriate measures for the protection of individuals.
584. In order to establish the level of risk affecting those individuals requesting protection under the programmes, a risk level and threat grade assessment is carried out. This is a technical procedure, carried out by the state security bodies (the DAS and the National Police).
585. The aim of the protection programme is to protect individuals in situations where their lives, wellbeing, safety or liberty are in imminent danger owing to factors linked to political or ideological violence. For this reason, the information dealt with within the protection programme is only made available to the representatives of the institutions and target populations involved in the work of the CRER (in this case representatives of the CUT [Single Confederation of Workers of Colombia], CTC [Confederation of Workers of Colombia] and CGT [General Confederation of Workers]) and the individual directly involved in the case being heard by the CRER.
586. As to the protection measures implemented in practice, the Government states that once the facts regarding “Operation Dragon” were reported, the Presidential Programme for the Promotion, Respect and Protection of Human Rights and International Humanitarian Law entered into direct communication with representative López, in order that he might establish a link with the Chairman of SINTRAEMCALI, Luis Imbachi, in order to assess the protection measures that had been taken regarding these trade union leaders within the framework of the Trade Union Leaders Protection Programme which is run by the Human Rights Directorate of the Ministry of the Interior and to look for alternatives to improve the safety of the members of the SINTRAEMCALI Executive Committee and work together with the competent bodies within the framework of the CRER with regard to the new alleged threats.
587. Following the reports regarding the latest occurrences, the CRER of the Trade Union Leaders Protection Programme unanimously decided (decision No. 24 of 4 October 2004) to assign an individual protection scheme to Ms. Celeyta, with two unarmed escort units. She is currently accompanied by Peace Brigades International volunteers. To date, however, Dr. Celeyta has not accepted the offer of the protection scheme.
588. As to the situation regarding the new members of the SINTRAEMCALI Executive Committee and Messrs. Imbachi and Pachongo who are already covered by the Ministry’s protection programmes, the DAS was requested to carry out or re-assess the risk studies corresponding to these gentlemen and, depending on the result, the appropriate measures for their protection and safety were to be adopted.
589. Subsequently, following a request on the part of various SINTRAEMCALI trade union leaders, together with Ms. Celeyta, an extraordinary meeting was organized at the offices of the Human Rights Directorate of the Ministry of the Interior and Justice. A new threat arose in the form of the up-coming national day of protest on 12 October. Following expressions of concern on the part of the individuals concerned, approval was given to provide them with plane tickets so that they might leave the area, together with their families. The tickets were not used by the recipients, even though initially it had been them who had requested such a measure.
590. With regard to the protection measures for representative Alexander López, at the end of February 2005 he was provided with a new armour-plated car to replace the previous one which had mechanical problems.
591. In the wake of the reports made regarding events allegedly linked to “Operation Dragon”, the following steps were taken by the Ministry of the Interior and Justice:
– 21 September 2004: Meeting with Berenice Celeyta during which she presented facts regarding the events linked to the so-called “Operation Dragon” and made certain requests on behalf of the members of NOMADESC (the Association for Social Investigation and Action), which were examined by the CRER. The CRER then approved the granting of four Avantel communication systems to members of the organization and an individual protection scheme for Berenice Celeyta;
– 28 September 2004: Meeting with Berenice Celeyta and SINTRAEMCALI delegates, during which time the individuals benefiting from assistance presented information concerning the events related to the so-called “Operation Dragon”. It was agreed that risk level studies would be carried out for those SINTRAEMCALI leaders who still did not enjoy any protection: Carlos Marmolejo, Carlos Antonio Bernal, Fabio Fernando Bejarano and Alberto de Jesús Hidalgo;
– 8 October 2004: Meeting held in this Directorate, during which four leaders of the abovementioned organization who appeared to be in imminent danger were granted plane tickets for domestic flights and a month of temporary relocation support. Although the tickets were made available as of Saturday 9 October, the date when they specified that they wished to travel to Cartagena, only two of the tickets were used, it would seem on 14 October. For this reason, during extraordinary session No. 25 of the same date, the CRER determined that, although the said measures had been adopted owing to an urgent situation, as use had not been made of them at the time, they would be withdrawn as they were not warranted.
592. Moreover, the DAS informed the CRER that Mr. Domingo Angulo had rejected the protection offered to him by one of his body guards and that it seemed that he has been making use of the assigned security scheme from Monday to Friday but then going off on his own to the country at the weekends, thus putting his life and physical safety in danger.
593. As a result of the abovementioned meeting, the following protection measures were implemented:
– provision of domestic plane tickets for the Cali-Cartagena-Cali route and a month of temporary relocation support:
(1) Oscar Figueroa Pachongo and immediate family;
(2) Carlos Adolfo Marmolejo and immediate family;
– overseeing of maintenance of armoured protection at SINTRAEMCALI head office;
– approval by the CRER during session No. 25 of 14 October 2004 of two collective schemes to protect the four following trade union leaders: Messrs.. Carlos Marmolejo, Carlos Antonio Bernal, Fabio Fernando Bejarano and Alberto de Jesús Hidalgo. Six Avantel radios to strength the schemes covering Luis Hernández, Domingo Angulo, Harold Viáfara, Luis Imbachi, Oscar Figueroa and Robinsón Emilio Masso.
594. The following are the security schemes covering the SINTRAEMCALI trade union. Measures adopted:
Hard personal security schemes:
(1) Luis Hernández; armoured vehicle and three bodyguards;
(2) Domingo Angulo;
(3) Harold Viafara;
(4) Luis Enrique Imbachi;
(5) Oscar Figueroa;
(6) Robinsón Emilio Masso.
Means of communication: three mobile phones and nine Avantel radios
(1) Alexander López Maya, mobile phone, Avantel radio;
(2) Robinsón Emilio Masso, mobile phone, Avantel radio;
(3) Domingo Angulo Quiñónez, Avantel radio;
(4) Harold Viáfara González, mobile phone;
(5) Luis Hernández Monrroy, Avantel radio;
(6) Cesar Martínez, Avantel radio;
(7) Milena Olave Hurtado, Avantel radio;
(8) Luis Imbachi, Avantel radio;
(9) Ricardo Herrera, Avantel radio;
(10) Alexander Barrios, Avantel radio.
In addition, six Avantel radios were provided, in order to strengthen the protection schemes for Messrs. Luis Hernández, Domingo Angulo, Harold Viáfara, Luis Imbachi, Oscar Figueroa and Robinsón Emilio Masso.
595. In order to encourage integral security management of technical risks to EMCALI and to complete the restructuring process being carried out within that enterprise, at its meeting on 8 June 2004, the Technical Committee authorized FEN to conclude, on behalf of EMCALI, a consultancy contract with CIL. The aim of the contract was to encourage integral security management of technical risks to EMCALI. This objective was also one of the aims of the trust management agreement for administration and payment, concluded between FEN and EMCALI and the operational financial and labour adjustment agreement for the restructuring of EMCALI’s debts, an agreement lasting 20 years which contains conditions and controls that must be respected by the enterprise. One such condition is related to losses, especially concerning the energy business, which clearly affect EMCALI’s financial results.
596. Over the last ten years, risk management has become universally recognized as a fundamental tool for structuring process management within companies, as well as: to define and apply management indicators; to continually improve processes; to give structure to plans for technological improvements; for use in plans to reduce job completion times; developing plans aimed at lowering exposure and fatigue amongst personnel and increasing the time available for research and development; in plans to reduce waste, surpluses, pollutants and residues (protection of the environment and communities); to guarantee greater access to the service provided by the enterprise and to maximize financial profits and human benefits, with the overall aim of boosting the enterprise’s profile and increasing its profitability. For these reasons, a consultancy contract was concluded.
597. Both the trust management agreement and the consultancy contract were signed in accordance with current guidelines. The aim of the agreement was justified in that there was a need to carry out a risk assessment in the case of EMCALI. The consultancy contract was necessary because, in general, all public and private enterprises have an inalienable right to ensure the security of their assets. In the same way our penal code does not consider the purpose of the abovementioned contract to be improper, as presumption of legality already exists and the enterprise is acting in good faith.
598. As was stated beforehand, given that contracts arise from administrative procedures, in the event that they are held to be contrary to the principles of the civil service such contracts may be challenged before the competent legal body. In this case, no known actions have been launched to challenge the legality of the abovementioned contracts.
599. We also wholeheartedly reject the statement made by SINTRAEMCLI that EMCALI attempted to contract the intelligence services in order to persecute SINTRAEMCALI. As has been demonstrated, this was never the purpose of the consultancy contract, a contract concluded in accordance with law. On the contrary, according to the study, both the members of the trade union and the Executive-Director are included in the most vulnerable group of persons.
600. At no time has the Government attempted to divert attention away from or minimize events or responsibilities, nor has it encouraged a culture of impunity. On the contrary, it is the Government, more than any of the other parties concerned, which has the strongest desire to see those responsible for the crimes committed against society punished.
601. Finally, it should be pointed out that the Office of the Attorney General is currently carrying out the corresponding inquiry into the alleged events reported by the trade union organization. The documents related to the investigation are confidential in nature, as they are linked to raids and equipment that has been seized. This information is only available to the body carrying out the enquiry. In accordance with the principle of the separation of the executive, legislative and judicial powers, the Government can only give statements regarding the current state of the enquiry and it is the Office of the Attorney-General which must identify those allegedly responsible.
602. Finally, in the communication dated 27 January 2006, the Government sends general information referring, among other things, to the various measures adopted for the protection of workers’ rights. The Government also refers to the agreement concluded in the framework of the Permanent Commission on Wage and Labour Policies on 14 December 2005. This agreement provided for the establishment of a bilateral forum in January 2006, for the discussion of subjects including the application of Conventions Nos. 87, 98, 151 and 154 in the public sector. Moreover, in this agreement, the Government, the employers and the workers agree to consider trade unionism as an integral part of democracy and to respect and promote the fundamental rights at work. The Government also refers to the administrative investigations and sanctions imposed to those companies which refuse to negotiate collectively and the workers’ cooperatives which operate in violation of labour laws. Finally, the Government sends a list of investigations under way, filed or suspended, with respect to allegations of murders and threats against trade union members and leaders.

D. The Committee’s conclusions

603. The Committee takes note of the new allegations concerning acts of violence against trade union officials and members and a plan to eliminate the members of a trade union organization. It also notes the Government’s extensive reply which contains detailed information on the judicial proceedings under way in connection with the numerous allegations presented to the Committee and examined by it during successive examinations of the case, as well as information on the safety measures adopted for the members of certain trade union organizations.
604. The Committee also notes with interest the report of the high-level tripartite visit that took place in Colombia from 24 to 29 October 2005 following an invitation from the Government to the President of the Committee. This invitation was made in the light of the Committee’s June 2005 conclusions regarding the present case, according to which, “taking into account the violent situation which the trade union movement must face due to the serious situation of impunity, and the numerous cases that have not been resolved and the fact that the last mission of this Office to the area took place back in January 2000, it would be highly desirable to collect further and more detailed information from the Government and the workers’ and employers’ organizations, in order to have an up-to-date understanding of the situation” [see 337th Report, para. 551(h)]. The Government subsequently extended its invitation to the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards. As a result, this Committee decided that the visit should take place and meet with the Government, the workers’ and employers’ organizations and the competent bodies in Colombia in the area of investigation and supervision, and that it should place special emphasis on all questions relating to the application of Convention No. 87 in law and in practice and to the Special Technical Cooperation Programme for Colombia.
605. The Committee notes the full cooperation shown during the visit and the significant efforts made to ensure that the members of the visit had access to the fullest and most accurate information on the trade union rights situation in Colombia. The members were able to meet with Government ministries and the highest relevant authorities, including with the country’s President and Vice-President, the four high courts, the Attorney-General, the Procurator-General and members of the Senate of the Republic and the Chamber of Representatives. The members of the visit were also able to meet on two occasions with officials and members of the three trade union confederations – the United Confederation of Workers (CUT), the General Confederation of Workers (CGT) and the Confederation of Workers of Colombia (CTC), as well as with the National Association of Industrialists (ANDI) and other affiliated employers’ organizations. The Committee notes that the visit’s extensive programme allowed the participants to obtain a comprehensive view of the situation in the country.
606. With regard to the acts of violence against the trade union movement, be they against trade union officials and members or union headquarters, the Committee notes that a reduction has been observed in the number of acts of violence reported. This reduction does not, however, lessen the importance and gravity of the situation currently facing the trade union movement. The Committee notes that in this sense, the report of the tripartite visit reflects the concern expressed by the Procurator-General, the Constitutional Court and the Deputy Minister for Defence, who believe that trade unionists continue to be a target for armed groups. The Committee also notes the measures adopted by the Government to ensure the increased safety of citizens in general and the resources assigned to the protection programme for trade unionists.
607. The Committee takes note of the detailed information submitted by the Government (see Appendix 2) regarding safety measures to protect trade unionists. The Committee observes that, according to the table provided by the Government, 54.96 per cent of the budgeted resources are destined for the protection programme for trade union leaders because this is a highly vulnerable group. This circumstance was acknowledged by the Deputy Minister for Labour and the Deputy Minister for Defence when meeting with the members of the tripartite visit. In this regard, the Committee is obliged to recall once again that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47].
608. The Committee considers it positive that trade unionists continue to be afforded a high level of protection, and observes that the protection measures have provided some results although they cannot provide any definitive solution to the problem of violence as long as there continue to be individuals or groups that are able to carry on threatening trade unions with impunity. In these circumstances, the Committee urges the Government to take all possible measures to put an end to the acts of violence against trade union officials and members and to continue to keep it informed of the protection measures and of the security schemes implemented, as well as those adopted in the future for other trade unions and other departments or regions.
609. With regard to the investigations carried out by the Government and, in particular, by the National Public Prosecutor’s Office into the murders, disappearances and other acts of violence against trade union officials and members (see Appendices 1, 3 and 4), the Committee notes that, according to the Government, the new accusatory penal system, which has been partially in force in Colombia since January 2005, will help to speed up proceedings and will allow more effective action to be taken against impunity. In this respect, the Committee observes that the new system will only apply to crimes committed after 1 January 2005 and that it will therefore not have any significant bearing on the investigations into allegations relating to acts of violence against trade unionists committed before that date, which constitute, for the most part, the allegations in the present case.
610. The Committee takes note of the existence of a specialized sub-unit within the National Public Prosecutor’s Office for dealing with cases of human rights violations involving trade unionists. The Committee requests the Government to keep it informed of the progress made by this sub-unit.
611. With regard to the lists of investigations submitted, the Committee observes that although the Government provides details of the large number of investigations already launched, it cannot help but notice, once again, that for the most part these investigations have progressed no further than the preliminary stage (84 investigations), have been dismissed for lack of evidence (55 investigations) or have been suspended (four) and that only 14 investigations are currently at the pre-trial stage, some involving persons being held in custody, while seven are at the trial stage, with persons being held in custody, and that there have been only 15 convictions. The Committee observes that although the number of convictions has increased in relation to previous examinations of the case, the situation regarding impunity is still extremely serious, since very little progress has yet been made to improve it.
612. The Committee agrees with the members of the tripartite visit, who emphasized the importance of tripartite dialogue on fundamental human rights and possible measures for better combating the prevalent impunity, based on comprehensive, relevant and up-to-date information and accompanied by clear and extensive political will and the provision of the necessary resources. The Committee also agrees with the members’ encouragement of the Government to rapidly reactivate the Inter-institutional Committee for the Promotion and Protection of Human Rights of the Workers, which includes in its composition the sectors of society affected by the violence emanating from the armed groups. The Committee trusts that the Inter-institutional Committee will make it possible to determine the exact number of victims of the violence and the status of these victims, particularly whether they are trade union officials and workers, as this information could be used to move the investigations forward. The Committee requests the Government to provide information on the reactivation of this Inter-institutional Committee.
613. The Committee takes note of the information provided by the Government regarding the judicial procedures and the convictions handed down for crimes committed against trade unionists as well as definitive sentences that have been issued against the perpetrators of such crimes. The Committee once again urges the Government to continue taking all necessary measures to investigate all the new alleged acts of violence and to vigorously continue the investigations that have already begun so as to put an end to the intolerable situation of impunity, punishing effectively all those responsible.
614. With regard to the question of impunity, the Committee also takes note of the recently adopted Law on Justice and Peace whose stated aims are to facilitate peace and the collective and individual reincorporation into civilian life of the members of the armed unlawful groups and to guarantee the rights of the victims to truth, justice and redress. The Committee notes that two appeals concerning this Law are still pending before the Constitutional Court. The Committee requests the Government to keep it informed of the entry into force of this Law and the manner in which it is applied, the final outcome of the appeals that have been initiated and any impact that this Law might have on the various cases of murder and violence that are pending.
615. As regards the allegations submitted by the workers’ trade union of the municipal enterprises of Cali (SINTRAEMCALI) relating to the existence of a plan named “Operation Dragon”, instigated by the company and active and retired members of the armed forces, to eliminate several officials of that trade union organization, a member of the Chamber of Representatives and other defenders of human rights, the Committee takes note of the abundant information provided by the complainant organization which includes photocopies of the legal proceedings instigated and the evidence seized. The Committee notes that according to the complainant organization, the company had contracted a security firm formed by members of the armed forces, with a view to destabilizing the trade union and physically eliminating some of its members. According to the allegations, this security firm collected information on the personal lives of the trade union officials, their family members, their movements, the protection systems they used, the identity of their bodyguards, and the number plates of the vehicles in which they travelled. It also gathered information on political ideas and on ways to discredit the officials or infiltrate the trade union with a view to destabilizing it. According to the allegations and the accompanying evidence, this personal information was obtained from members of the Administrative Department of Security, which, amongst other things, is responsible for providing protection for trade unionists and assessing the level of risk to which they are exposed. The complainant organization highlights the fact that the information seized in the legal proceedings was only available to the national Government and expresses its deep concern in this respect.
616. The Committee takes note of the Government’s information according to which it denies the existence of a plan to eliminate the trade union or its officials but affirms that the EMCALI EICE ESP enterprise signed a consultancy contract with the Latin American Integral Consultancy company (CIL) to promote integral security technical risk management at EMCALI, in particular with regard to the energy trade which constitutes one of the enterprise’s activities. The Committee notes that the Government includes an extract from one of the consultancy reports, which refers to these issues and which addresses the question of the enterprise trade union and its members, particularly from the point of view of the risks to which they are exposed. The Committee also takes note of the legal action taken and the protection measures adopted by the Government to protect the trade union officials who were allegedly threatened. The Committee takes particular note of the inhibitory decision of the National Public Prosecutor’s Office in this respect, which was issued owing to of the lack of cooperation from the parties concerned. The Committee also notes that the Procurator-General’s Office is currently carrying out a preliminary investigation. Moreover, the Committee notes with great concern the statements made by the Deputy Procurator-General to the members of the tripartite visit, according to which it is undeniable that some state agents were involved in acts of violence against trade unionists and one operation carried out by isolated members of the intelligence services or similar agents had recently been dismantled, which had had a dissuasive effect on other cases discovered in the city of Medellín.
617. The Committee observes that the allegations involved are of the utmost gravity and that they seriously affect the free exercise of both trade union rights and fundamental human rights. Although it takes note of the Government’s information according to which the activities carried out by the CIL enterprise were limited simply to a consultancy contract and the investigations of the Attorney-General ended in dismissal due to the lack of cooperation from the parties concerned, the Committee must underscore that the Procurator-General’s Office is carrying out a pending investigation and that it informed the members of the tripartite visit that it had knowledge of the issue concerned. In these circumstances, the Committee requests the Government to provide the Procurator-General’s Office with all the necessary means to carry out an independent and exhaustive investigation, to report on the results of that investigation and to ensure fully the safety and physical integrity of all the people threatened, guaranteeing them protection that they can rely on.
618. The Committee acknowledges the efforts made by the Government to improve protection for trade union officials, members and organizations and to move the investigations of the cases forward. The Committee agrees on the importance of tripartite dialogue for ensuring that such efforts continue and supports not only the tripartite visit members’ recommendation to reactivate the Inter-institutional Committee for the Promotion and Protection of Human Rights of the Workers, but the reactivation of the Standing Negotiation Committee on Labour and Wage Policies and the Special Committee for the Handling of Conflicts Referred to the ILO. The Committee also urges, as the members of the visit suggest, that consideration be given very seriously to the possibility of setting up an ILO office in Colombia in order to facilitate dialogue between the Government, social partners and the Committee on Freedom of Association on the steps to be taken to continue to combat and ultimately eliminate the existing situation of impunity as well as ensuring more effective implementation of freedom of association, tripartite dialogue and the STCP objectives.
619. Finally, the Committee notes with interest the communication of the Government dated 27 January 2006 which contains information relative to the agreement concluded in the framework of the Permanent Commission on Wage and Labour Policies on 14 December 2005. This agreement addresses several issues such as the application of Conventions Nos. 87, 98, 151 and 154 in the public sector, education, family benefits and public utility subsidies for families with limited resources. The Committee also notes that in this agreement the employers and the workers agreed to consider trade unionism as an integral part of democracy and to respect and promote the fundamental rights at work. The Government also refers to the sanctions imposed on those companies which refuse to negotiate collectively and make use of the regime of workers’ cooperatives in violation of labour laws. The Committee also notes the list sent on the status of the investigations over alleged murders and threats.

The Committee's recommendations

620. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) The Committee wishes to express its appreciation for the invitation extended to its Chairperson. It notes with interest the report of the high-level tripartite visit and the full cooperation shown by the Government to ensure that the members of the visit had access to the fullest and most candid information on the trade union situation. The Committee acknowledges the efforts made by the Government to improve protection for trade union officials, members and organizations and to move the investigations of the cases forward. The Committee agrees on the importance of tripartite dialogue for ensuring that these efforts continue and supports not only the tripartite visit members’ recommendation to reactivate the Inter-institutional Committee – a process which the Committee asks to be kept informed about – but the reactivation of the Standing Negotiation Committee on Labour and Wage Policies and the Special Committee for the Handling of Conflicts Referred to the ILO. The Committee also urges, as the members of the visit suggest, that consideration be given very seriously to the possibility of setting up an ILO office in Colombia in order to facilitate dialogue between the Government, social partners and the Committee on Freedom of Association on the steps to be taken to continue to combat and ultimately eliminate the existing situation of impunity as well as ensuring more effective implementation of freedom of association, tripartite dialogue and the STCP objectives.
- (b) The Committee urges the Government to take all possible measures to put an end to the acts of violence against trade union officials and members and to continue to keep it informed of the protection measures and of the security schemes implemented, as well as those adopted in the future for other trade unions and other departments or regions.
- (c) The Committee requests the Government to keep it informed of the progress made by the specialized sub-unit within the National Public Prosecutor’s Office which deals with cases of human rights violations involving trade unionists.
- (d) Taking note of the information provided by the Government regarding the judicial procedures and the convictions handed down for crimes committed against trade unionists as well as definitive sentences that have been issued against the perpetrators of such crimes, the Committee once again urges the Government to take the necessary steps to investigate all the new alleged acts of violence and to continue vigorously the investigations that have already begun so as to put an end to the intolerable situation of impunity, punishing effectively all those responsible.
- (e) The Committee requests the Government to keep it informed of the entry into force of the Law on Justice and Peace and the manner in which it is applied, the final outcome of the appeals initiated before the Constitutional Court and any impact that this Law might have on the various cases of murder and violence that are pending.
- (f) As regards the allegations submitted by the workers’ trade union of the municipal enterprises of Cali (SINTRAEMCALI) relating to the existence of a plan, named “Operation Dragon”, to eliminate several trade union officials, and, observing that the allegations involved are of the utmost gravity and seriously affect the free exercise of both trade union rights and fundamental human rights, the Committee requests the Government to provide the Procurator-General’s Office with all the necessary means to carry out an independent and exhaustive investigation, to report on the results of that investigation and to ensure fully the safety and physical integrity of all the people threatened, guaranteeing them protection that they can rely on.

Z. ANNEX

Appendix 1
Current state of investigations, 2002-05
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File No. Branch / First name of victim / Surname of victim / Organization to which victim belonged according to charges / Current stage of proceedings / Most recent proceedings / Main decisions that have been adopted / Indicate any appropriate control measures implemented / Year in which events occurred
1. 743989 / Bogotá / Alvaro / Granados Rativa / SUTIMAC / Preliminary / Submission of evidence / Not applicable / / 2004
2. 105257 / Popayán / Yesid Hernando / Chicangana / ASOINCA / Preliminary / Submission of evidence / Not applicable / / 2004
3. 91550 / Buga / Camilo Arturo / Kike Azcarate / SINTRAGRACO / Inquiry / Submission of evidence / Legal status / / 2004
4. 98910 / Buga / James Raúl / Ospina / SINTRAEMSDES / Preliminary / Inhibitory / Inhibitory / / 2004
5. 2320 / Popayán / Rosa Mary / Daza Nieto / ASOINCA - Cauca Teachers' Association / Preliminary / Inhibitory / Inhibitory / / 2004
6. 43709 / Sincelejo / Hugo / Palacios Alvis / SINDISENA / Preliminary / Submission of evidence / Inhibitory / / 2004
7. 99991 / Cúcuta / Ana Elizabeth / Toledo Rubiano / ASEDAR / Preliminary / Inhibitory / Inhibitory / Not applicable / 2004
8. 142729 / Cartagena / Segundo Rafael / Vergara Correa / SINTRACONTAXCAR - the Cartagena Taxi Drivers' Trade Union / Preliminary / Submission of evidence / Not applicable / / 2004
9. 68139 / Tunja / Alexander / Parra Díaz / SINDIMAESTROS / Preliminary / Submission of evidence / Not applicable / / 2004
10. 800867 / Medellín / Juan Javier / Giraldo Diosa / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2004
11. 86343 / Cúcuta / José / García / ASEDAR / Preliminary / Submission of evidence / Not applicable / Not applicable / 2004
12. 77950 / Medellín / Jorge Mario / Giraldo Cardona / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2004
13. 650784 / Cali / Carlos Alberto / Chicaiza Betancourth / SINTRAEMSIRVA / Preliminary / Inhibitory / Inhibitory / / 2004
14. 138833 / Antioquia / Luis Alberto / Toro Colorado / SINALTRADIHITEXCO / Preliminary / Inhibitory / Inhibitory / / 2004
15. 2009 / National Human Rights Unit / Leonel / Goyeneche Goyeneche / ANTHOC (Saravena) CUT Arauca ADUC / Inquiry / Closure / Legal status / In custody / 2004
16. 2009 / National Human Rights Unit / Jorge Eduardo / Prieto Chamucero / ANTHOC (Saravena) CUT Arauca ADUC / Inquiry / Closure / Legal status / In custody / 2004
17. 2009 / National Human Rights Unit / Héctor Alirio / Martínez / ANTHOC (Saravena) CUT Arauca ADUC / Inquiry / Closure / Legal status / In custody / 2004
18. 96337 / Buga / Julio Cesar / García García / ASEINPEC / Preliminary / Inhibitory / Not applicable / / 2004
19. 1395 / Tunja / Ernesto / Rincón Cárdenas / SINDIMAESTROS / Preliminary / Inhibitory / Not applicable / / 2004
20. 114390 / Pereira / Fernando / Ramírez Barrero / SER / Preliminary / Inhibitory / Not applicable / / 2004
21. 2611 / Mocoa / Jesús Fabián / Burbano Guerrero / USO / Preliminary / Inhibitory / Inhibitory / / 2004
22. 77776 (78508) Cúcuta / Uriel / Ortiz Coronado / ECAAS trade union / Preliminary / Submission of evidence / Not applicable / In custody / 2003
23. 203453 / Bucaramanga / José de Jesús / Rojas Castañeda / ASDEM / Preliminary / Submission of evidence / Not applicable / / 2003
24. 62410 / Santa Rosa de Viterbo / Orlando / Frías Parado / Workers' Trade Union of Colombia (STC) Preliminary / Submission of evidence / Not applicable / / 2003
25. 4439 / Medellín / Janeth del Socorro / Vélez Galeano / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2004
26. 651376 / Cali / Raúl / Perea Zúñiga / SINTRAMETAL / Preliminary / Inhibitory / Inhibitory / / 2004
27. 228501 / Bucaramanga / Camilo / Borja / USO / Preliminary / Submission of evidence / Not applicable / / 2004
28. 105018 / Buga / Henry / González López / SINTRASANCARLOS / Preliminary / Inhibitory / Inhibitory / / 2004
29. 105018 / Buga / Gerardo de Jesús / Vélez Villada / SINTRASANCARLOS / Preliminary / Inhibitory / Inhibitory / / 2004
30. 650680 / Medellín / Jamil / Mosquera Cuesta / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2003
31. 542175 / Cali / Luis Hernando / Caicedo León / UNIMOTOR / Preliminary / Inhibitory / Inhibitory / / 2003
32. 6960 / Santa Marta / Luis Antonio / Romo Rada / President of the National Foundation of Fishermen of Ciénaga / Preliminary / Inhibitory / Not applicable / / 2003
33. 40556 / Santa Marta / Luis Antonio / Romo Rada / National Association of Artisanal Fishermen / Preliminary / Submission of evidence / Not applicable / / 2003
34. 78012 / Buga / Ana Cecilia / Salas Cuero / Workers' Trade Union of Cali / Preliminary / Submission of evidence / Not applicable / / 2003
35. 941 / Pasto / Evelio Germán / Salcedo Taticuan / SIMANA / Preliminary / Suspension / Suspension / / 2003
36. 1893 / Manizales / Luz Stella / Calderón Raigoza / Unknown / Preliminary / Inhibitory / Not applicable / / 2003
37. 51227 / Pasto / Tito Libio / Hernández Ordóñez / SINTRAUNICOL-CUT / Preliminary / Submission of evidence / Not applicable / / 2002
38. 97418 / Manizales / Luz Helena / Zapata Cifuentes / EDUCAL / Preliminary / Inhibitory / Not applicable / / 2003
39. 4134 / Medellín / Ana Cecilia / Duque Villegas / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2003
40. 43879 / Montería / Ramiro Manuel / Sandoval Mercado / Indigenous leader / Preliminary / Inhibitory / Inhibitory / / 2003
41. 62138 / Cúcuta / Omar Alexis / Peña Cárdenas / Not mentioned in file whether victim belonged to any trade union / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
42. 564069 / Cali / Jorge Eliécer / Vásquez Ramírez / EMCALI trade union / Preliminary / Submission of evidence / Not applicable / / 2003
43. 2114 / Antioquia / Maria Rebeca / López Garcés / ADIDA / Preliminary / Inhibitory / Inhibitory / / 2003
44. 84370 / Cúcuta / Nubia / Cantor Jaime / ANTHOC / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
45. 59588 / Cúcuta / Jorge Eliécer / Suárez Sierra / ASINORT / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
46. 60541 / Cúcuta / Luis Humberto / Rolon / Trade Union of Vendors of Betting Slips and Lottery Tickets / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
47. 126200 / Ibagué / Fanny / Toro Rincón / ANTHOC / Preliminary / Inhibitory / Inhibitory / / 2003
48. 79892 / Cúcuta / Pedro Germán / Florez / ASEDAR / Inquiry / Submission of evidence / Legal status / Not applicable / 2003
49. 67556 / Cúcuta / Marco Tulio / Díaz Fernández / Trade Union of Ecopetrol Pensioners - Cúcuta / Preliminary / Submission of evidence / Not applicable / Not applicable / 2003
50. 129390 / Ibagué / Alberto y otro / Márquez García / SINTRAAGRICOL / Preliminary / Suspension / Suspension / / 2003
51. 36571 / Florencia / Marleny Stella / Toledo / ANTHOC / Preliminary / Submission of evidence / Not applicable / / 2003
52. 2978 / Antioquia / Flor Marina / Vargas Valencia / Teachers' Association of Antioquia / Preliminary / Inhibitory / Inhibitory / / 2003
53. 2186 / Popayán / Freddy Buenaventura / Cruz / ASOINCA / Preliminary / Inhibitory / Inhibitory / / 2003
54. 136570 / Ibagué / Renzo / Vargas Vélez / SIMATOL / Preliminary / Suspension / Suspension / / 2003
55. 5931 / Medellín / Margot / Londoño Medina / ASDEM / Preliminary / Submission of evidence / Not applicable / / 2003
56. 136490 / Ibagué / Dora Melba / Rodríguez Urrego / Unknown / Inquiry / Suspension / Legal status / / 2003
57. 38807 / Sincelejo / Abel Antonio / Ortega Medina / ADES / Preliminary / Submission of evidence / Inhibitory / / 2003
58. 38807 / Sincelejo / Nelly / Erazo Rivera / ADES / Preliminary / Submission of evidence / Inhibitory / / 2003
59. 77776 (78508) Cúcuta / Rito / Hernández Porras / ECAAS trade union / Preliminary / Submission of evidence / Not applicable / In custody / 2003
60. 4392 / Medellín / Luis Carlos / Olarte Gaviria / SINTRAMIENERGETICA / Preliminary / Submission of evidence / Not applicable / / 2003
61. 7923 / Santa Marta / Everto / Fiholl Pacheco / EDUMAG-FECODE Patriotic Union / Preliminary / Inhibitory / Not applicable / / 2003
62. 48140 / Santa Marta / Nubia Stella / Castro / EDUMAG-FECODE / Preliminary / Submission of evidence / Not applicable / / 2003
63. 1828 / Barranquilla / Zuly Esther / Codina Pérez / Health and Social Security Workers' Trade Union - SINDESS / Preliminary / Submission of evidence / Not applicable / / 2003
64. 7945 / Santa Marta / Emerson José / Pinzon Pertuz / SINDESS / Preliminary / Submission of evidence / Not applicable / / 2003
65. 7919 / Santa Marta / Jorge Enrique / Peña Moreno / Teachers' Trade Union of Magdalena / Preliminary / Submission of evidence / Not applicable / / 2003
66. 80894 / Cúcuta / Mario / Sierra Anaya / SINTRADIN-CUT-Arauca Branch / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
67. 80916 / Cúcuta / Miguel Angel / Anaya Torres / SINTRAEMSDES, Trade Union of Workers of the Enterprise Transportadores del Atlántico / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
68. 78012 / Buga / Ana Cecilia / Salas Cuero / Workers' Trade Union of Cali / Preliminary / Submission of evidence / Not applicable / / 2003
69. 87114 / Cartagena / Gabriel Enrique / Quintana Ortiz / SUDEB / Preliminary / Inhibitory / Inhibitory / / 2002
70. 29156 / Santa Marta / Carlos Miguel / Padilla Ruiz / EDUMAG / Preliminary / Inhibitory / Inhibitory / / 2002
71. 20309 / Florencia / Nelly / Avila Castaño / AICA / Preliminary / Inhibitory / Inhibitory / / 2002
72. 21989 / Sincelejo / Francisco / Sarmiento Yepes / ADES / Inquiry / Submission of evidence / Indictment / In custody / 2002
73. 3111 / Antioquia / Rubén Darío / Campuzano / ADIDA / Preliminary / Inhibitory / Inhibitory / / 2002
74. 575501 / Medellín / Barqueley / Ríos Mena / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
75. 535563 / Medellín / Wilfredo / Quintero Amariles / Unknown / Preliminary / Submission of evidence / Suspension / / 2002
76. 50731 / Cúcuta / Manuel Alberto / Montañez Buitrago / ASINORT / Trial / Indictment / Indictment / In custody / 2002
77. 44160 / Cúcuta / Eddie Socorro / Leal Barrera / ASINORT / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
78. 56590 / Popayán / Fredy Armando / Girón Burbano / ASOINCA-CUT / Preliminary / Suspension / Suspension / / 2002
79. 1419 / Santa Marta / Miguel / Acosta García / EDUMAG / Preliminary / Submission of evidence / Not applicable / / 2002
80. 1004 / Mocoa / Henry y otro / Rosero Gaviria / ASEP / Preliminary / Inhibitory / Not applicable / / 2002
81. 22641 / Florencia / Jairo / Betancur Rojas / AICA / Preliminary / Inhibitory / Inhibitory / / 2002
82. 23865 / Florencia / Enio / Villanueva Rojas / AICA / Preliminary / Inhibitory / Inhibitory / / 2002
83. 30715 / Santa Marta / Ledys / Pertuz Moreno / EDUMAG / Preliminary / Submission of evidence / Not applicable / / 2002
84. 882 / Mocoa / Fernando / Olaya Sabala / ASEP / Inquiry / Indictment / Indictment / In custody / 2002
85. 54007 / Pasto / Adriana Patricia / Díaz Jojoa / SIMANA / Preliminary / Inhibitory / Inhibitory / / 2002
86. 81472 (1026) Cúcuta / Carlos Alberto / Barragán Medina / ASEDAR / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
87. 64521 / Cúcuta / José Olegario / Gómez Sepúlveda / ASEDAR / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
88. 34452 / Santa Marta / Wilson / Rodríguez Castillo / EDUMAG / Preliminary / Submission of evidence / Not applicable / / 2002
89. 34448 / Santa Marta / Jaime Enrique / Lobato Montenegro / EDUMAG / Preliminary / Inhibitory / Inhibitory / / 2002
90. 43140 / Santa Marta / Ingrid / Cantillo Fuentes / EDUMAG / Preliminary / Submission of evidence / Not applicable / / 2002
91. 24926 / Florencia / Abigail / Girón Campos / AICA / Inquiry / Submission of evidence / Legal status / / 2002
92. 25522 / Florencia / Guillermo / Sanin Rincón / AICA / Preliminary / Inhibitory / Inhibitory / / 2002
93. 3387 / Medellín / Luis Eduardo / Vélez Arboleda / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
94. 2548 / Antioquia / Lucia / Jaramillo Gema / ADIDA-CUT / Preliminary / Inhibitory / Inhibitory / / 2002
95. 15 / Villavicencio / Jorge Ariel / Díaz Aristizabal / Teachers' Association of Meta / Inquiry / Submission of evidence / Not applicable / / 2002
Bogota / Edgar / Rodríguez Guaracas / ADEC / Preliminary / Submission of evidence / Not applicable / / 2002
1. 34360 / Santa Marta / Oscar David / Polo Charrys / EDUMAG-FECODE-CUT / Preliminary / Submission of evidence / Not applicable / / 2002
2. 678834 / Medellín / Yaneth / Ibarguen Romana / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
3. 64999 / Popayán / José Lino / Beltrán Sepúlveda / ASOINCA / Preliminary / Indictment / Not applicable / / 2002
4. 63400 / Pasto / Cecilia / Ordóñez Córdoba / SIMANA / Preliminary / Suspension / Suspension / / 2002
5. 168120 / Bucaramanga / Abelardo / Barbosa Páez / SINTRAINAGRO / Preliminary / Submission of evidence / Not applicable / / 2003
6. 62477 / Antioquia / Luis Eduardo / Guzmán Alvarez / ADIDA / Preliminary / Inhibitory / Inhibitory / / 2003
7. 2059 / Mocoa / Luz Mery / Valencia / ASEP / Preliminary / Inhibitory / Inhibitory / / 2003
8. 10927 / Cundinamarca / Juan Antonio / Bohórquez Medina / ADEC / Preliminary / Submission of evidence / Not applicable / / 2003
9. 548541 / Cali / Fredy / Perilla Montoya / SINTRAEMCALI / Preliminary / Inhibitory / Inhibitory / / 2003
10. 61384 / Cúcuta / Luis Alfonso / Grisales Peláez / ASEDAR / Preliminary / Inhibitory / Inhibitory / Not applicable / 2003
11. 103616 / Pereira / Soraya Patricia / Díaz Arias / SER-Teachers' Trade Union of Risaralda / Preliminary / Submission of evidence / Not applicable / / 2003
12. 64553 / Cúcuta / Adolfo / Florez Rico / SINDICONS / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
/ Cali / Marco Antonio / Beltrán Banderas / SUTEV / Preliminary / Submission of evidence / Not applicable / / 2002
1. 49553 / Cúcuta / Cesar Orlando / Gómez Velasco / Trade Union of University Workers of Colombia -SINTRAUNICOL Pamplona branch / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
2. 135110 / Barranquilla / Adolfo de Jesús / Munera López / SINALTRAINAL / Trial / Indictment / Indictment / / 2002
3. 34792 / Santa Marta / José Fernando / Mena Alvarez / EDUMAG-FECODE-CUT / Preliminary / Indictment / Not applicable / / 2002
4. 159622 / Bucaramanga / Jairo / Vera Arias / Unknown / Inquiry / Detention / Detention / / 2002
5. 139319 / Ibagué / Gustavo / Oyuela Rodríguez / SIMANA-FECODE / Preliminary / Inhibitory / Inhibitory / / 2002
6. 549773 / Medellín / María Nubia / Castro / Affiliated to the National Workers' Association / Preliminary / Submission of evidence / Not applicable / / 2002
7. 44160 / Cúcuta / Eddie Socorro / Leal Barrera / ASINORT / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
8. 579031 / Medellín / Nelsy Gabriela / Cuesta Córdoba / Unknown / Preliminary / Submission of evidence / Not applicable / / 2002
9. 44967 / Armenia / Heliodoro / Sierra Muñoz / SUTEQ / Preliminary / Submission of evidence / Inhibitory / / 2002
10. 56590 / Popayán / Fredy Armando / Girón Burbano / ASOINCA-CUT / Preliminary / Suspension / Suspension / / 2002
11. 51227 / Pasto / Tito Libio / Hernández Ordóñez / SINTRAUNICOL-CUT / Preliminary / Submission of evidence / Not applicable / / 2002
12. 46079 / Cúcuta / Said / Ballona Gutiérrez / ASINORT / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
13. 623974 / Medellín / Aicardo Eliécer / Ruiz / Trade Union of Workers of the Municipality of Bello / Preliminary / Submission of evidence / Not applicable / / 2002
14. 562612 / Medellín / Froylan Hilario / Peláez Zapata / ADIDA-CUT / Preliminary / Submission of evidence / Not applicable / / 2002
15. 586755 / Medellín / Isaías Arturo / Gómez Jaramillo / ADIDA-CUT / Preliminary / Submission of evidence / Suspension / / 2002
16. 62144 / Manizales / Hernán de Jesús / Ortiz Parra / CUT, FECODE, Vice-President of EDUCAL / Preliminary / Inhibitory / Not applicable / / 2002
17. 31186 / Santa Marta / Eduardo Martín / Vásquez Jiménez / SINTRAELECOL subdirective Magdalena / Preliminary / Inhibitory / Inhibitory / / 2002
18. 5845 / Antioquia / Jhon Jairo / Alvarez Cardona / Trade Union of Workers of the Textile / Preliminary / Inhibitory / Inhibitory / / 2002
19. 1527 / Neiva / Héctor Julio / Gómez Cuellar / Committee of La Plata Communal Action / Preliminary / Inhibitory / Inhibitory / / 2002
20. 47393 / Cúcuta / Luis Enrique / Coiran Acosta / ANTHOC-CUT / Trial / Indictment / Indictment / In custody / 2002
21. 27099 / Bucaramanga / Helio / Rodríguez Ruiz / HOCAR / Preliminary / Submission of evidence / Not applicable / / 2002
22. 64430 / Cúcuta / Julio Roberto / Rojas Pinzon / ANTHOC-CUT / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
23. 143371 / Bucaramanga / Wilfredo / Camargo Aroca / BRISAS / Preliminary / Submission of evidence / Not applicable / / 2002
24. 51581 / Cúcuta / Felipe Santiago / Mendoza Navarro / USO / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
25. 26411 / Sincelejo / Francisco / Méndez Díaz / ADES-FECODE-CUT / Preliminary / Submission of evidence / Inhibitory / / 2002
26. 66319 / Armenia / Blanca Ludivia / Hernández Velásquez / Healthworkers' Trade Union / Preliminary / Submission of evidence / In absence / / 2002
27. 871 / Pasto / Carlos Alberto / Bastidas Coral / SIMANA FECODE / Preliminary / Inhibitory / Inhibitory / / 2002
28. 42501 / Cúcuta / Sol María / Ropero / SINDIMACO / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
29. 623973 / Medellín / Rubén Darío / Arenas / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
30. 524903 / Medellín / Jairo Alonso / Giraldo Suárez / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
31. 50374 / Cúcuta / Gloria Eudilia / Riveros Rodríguez / ASEDAR / Trial / Indictment / Indictment / In custody / 2002
32. 42315 / Armenia / Oscar Jaime / Delgado Valencia / SUTEQ / Trial / Submission of evidence / Indictment / / 2002
33. 64639 / Cúcuta / Henry Mauricio / Neira Leal / ANTHOC / Preliminary / Inhibitory / Inhibitory / Not applicable / 2002
34. 529734 / Medellín / Nohora Elcy / López Arboleda / SINTRACINOBI / Preliminary / Submission of evidence / Not applicable / / 2002
35. 123084 / Bucaramanga / Angela María / Rodríguez Jaimes / Miembro del SES / Preliminary / Submission of evidence / Not applicable / / 2002
36. 575501 / Medellín / Barqueley / Ríos Mena / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
37. 575501 / Medellín / Juan Manuel / Santos Rentería / ADIDA / Preliminary / Submission of evidence / Not applicable / / 2002
38. 50606 / Neiva / José Wilson / Díaz Rojas / SIMEC / Preliminary / Inhibitory / Inhibitory / / 2002
39. 74765 / Pereira / Hugo / Ospina Ríos / Teachers' Trade Union SER / Trial / Conviction / Indictment / In custody / 2002
40. 30436 / Santa Marta / Juan / Montiel Jiménez / SINTRAINAGRO / Preliminary / Submission of evidence / Not applicable / / 2002
41. 30435 / Santa Marta / Emilio Alfonso / Villeras Durán / SINTRAINAGRO / Preliminary / Submission of evidence / Not applicable / / 2002
42. 51170 / Neiva / Alirio / Garzón Córdoba / SINTRAREGINAL / Trial / Indictment / Indictment / In custody / 2002
43. 26345 / Bucaramanga / Luis Eduardo / Chinchilla Padilla / SINTRAPALMA / Preliminary / Submission of evidence / Not applicable / / 2002
44. 50498 / Pasto / Luis Omar / Castillo / SINTRAELECOL-CUT / Preliminary / Suspension / Suspension / / 2002
45. 549670 / Medellín / Ernesto Alfonso / Giraldo Martínez / ADIDA-CUT / Preliminary / Submission of evidence / Not applicable / / 2002
46. 559892 / Medellín / Jesús Alfredo / Zapata Herrera / El Cairo Cement Trade Union / Preliminary / Submission of evidence / Not applicable / / 2002
47. 62144 / Manizales / José Robeiro / Pineda / SINTRAELECOL trade union / Preliminary / Inhibitory / Not applicable / / 2002
  - --------------------------------------------------------------------------------
48. Office of the Public Prosecutor- National Directorate of Prosecutor's Offices - Homicide inquiries carried out (2005)
  - --------------------------------------------------------------------------------
49. File / No. Branch / First name of victim / Surname of victim / Data- events / Location - events / Stage of proceedings / Date opened / Most recent proceedings / Date of most recent proceedings / Main decisions / Date of decisions
50. 68800 / Montería / Faiver Antonio / Alvarez Pereira / 24-01-2005 / Montería / Inquiry / 24-01-2005 / Submission of evidence / 13-06-2005 / Legal status. Abstención / 11-02-2005
51. 2176 / National Human Rights Unit / Liris del Carmen, Orlando José, José F rancisco / Benítez Palencia, Benítez Palencia, Mestra Martínez / 09-04-2005 / Montería / Preliminary / 12-04-2005 / Submission of evidence / 12-04-2005 / Not applicable / Not applicable
52. 170016000030200500206 / Manizales / Rigoberto / Arias Ospina / 18-02-2005 / Manizales / Inquiry / 18-02-2005 / Submission of evidence. Photo identification procedure / 13-04-2005 / Not applicable / Not applicable
53. 173806000071200500057 / Manizales / Luis Gonzaga / Sánchez Bedoya / 21-02-2005 / Carrera 9 núm. 13-35 barrio San Antonio / Preliminary / 25-02-2005 / Interviews / 01-06-2005 / Not applicable / Not applicable
54. 178676000077200500020 / Manizales / Octavia / Ramírez Vargas / 01-04-2005 / Victoria (Caldas) Inquiry / 01-04-2005 / Submission of evidence. Report of field investigator / 27-04-2005 / Not applicable / Not applicable
55. 104446 / Neiva / Luis Alberto / Melo Palacios / 14-02-2005 / San Agustín (huila) Vda. El Retiro / Preliminary / 04-03-2005 / Submission of evidence. CTI Committee / 11-05-2005 / Not applicable / Not applicable
56. 111165 / Cúcuta / José Diomedez / Zubieta Alfonso / 15-03-2005 / Vereda Caño Camame / Preliminary / 16-03-2005 / Referral to SpecializedOffice of Attorney-General of Arauca / 22-06-2005 / Not applicable / Not applicable
57. 109433 / Cúcuta / Arbey / Niño Villareal / 17-05-2005 / Cúcuta / Inquiry / 18-05-2005 / Submission of evidence. Taking of statements / 27-06-2005 / Legal status. In custody / 27-05-2005
58. 171309 / Valledupar / Alfredo / Mendoza Vega / 09-06-2005 / Valledupar / Inquiry / 09-06-2005 / Submission of evidence. Testimonies / 27-06-2005 / Legal status. In custody / 16-06-2005
59. 660016000-35-2005-00364 / Pereira / Arley de Jesús / Toro Bedoya / 13-03-2005 / Pereira / Investigation / 13-03-2005 / Justification of appeal / 03-06-2005 / Second instance confirmed acceptance of charges. In custody / 03-06-2005
60. 122634 / Popayán / Jhon Smith / Ruíz Córdoba / 09-05-2005 / El Tambo (Cauca) Preliminary / 23-05-2005 / Submission of evidence. Committee / 24-06-2005 / Not applicable / Not applicable
61. 2542 / Antioquia / Albeiro de Jesús / Tabares Parra / 15-03-2005 / Vereda "El Sireno" / Preliminary / 17-03-2005 / Submission of evidence. Testimonies / None / Not applicable / Not applicable
62. 82837 / Santa Rosa de Viterbo / Jhon Henry / Aguilar Pino / 23-02-2005 / Monterrey (casanare) Preliminary / 23-02-2005 / Submission of evidence / 07-04-2005 / Referral to Specialized Office of Attorney-General of Yopal / Not applicable
63. 217059 / Barranquilla / Adán Alberto / Pacheco Rodríguez / 02-05-2005 / Calle 49 núms. 8-15 barrio Las Palmas / Preliminary / 02-05-2005 / Submission of evidence. CTI Committee / 27-06-2005 / Not applicable / Not applicable
64. 2427 / Barranquilla / José María / Maldonado / 17-05-2005 / Barranquilla / Preliminary / 17-05-2005 / Submission of evidence. Telephone intercepts. Legal medicine / 01-06-2005 / Not applicable / Not applicable
65. 249533 / Bucaramanga / Lilia / Ramírez Ortíz / 03-02-2005 / Sabana Torres / Preliminary / 16-02-2005 / Submission of evidence / 17-05-2005 / Not applicable / Not applicable
66. 256419 / Bucaramanga / Alicia Stella / Caballero Badillo / 30-04-2005 / Calle 73 cdra. 21 nomenclatura 73-17 / Preliminary / 30-04-2005 / Submission of evidence / 02-05-2005 / Not applicable / Not applicable
67. 750325 / Cali / María Elena / Díaz / 24-05-2005 / Cali / Preliminary / 26-05-2005 / Not applicable / / Not applicable / Not applicable
68. 752227 / Cali / Miryam / Navia Silva / 02-06-2005 / Cali / Inquiry / 02-06-2005 / Legal status / 08-06-2005 / Legal status. In custody / 08.06.2005
69. 60553 / Santa Marta / Benjamín / Ramos Rangel / 21-02-2005 / Guamal (Magdalena) Preliminary / 23-02-2005 / Submission of evidence. CTI Committee / 27-06-2005 / Not applicable / No
70. 165241 / Cartagena / Nelson Enrique / Jiménez Osorio / 06-01-2005 / Barrio Crespo casa núms. 67-59 y 67-47. Trial / 06-01-2005 / Preparation of indictment / 11-04-2005 / Not applicable / Not applicable
71. 160388 / Cartagena / Angel María / Varela Rodelo / 22-02-2005 / San Juan Nepomuceno / Preliminary / 29-03-2005 / Submission of evidence. CTI Committee / 21-05-2005 / Not applicable / Not applicable
72. 722855 / Cali / Luis Francisco / Montaño / 38378 / Cali / Preliminary / 28-01-2005 / Inhibitory / 20-04-2005 / Not applicable / Not applicable
Appendix 2
List of measures
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Organization / Target group / Total
Single Confederation of Workers of Colombia (CUT) / Trade union / 195
Petroleum Industry Workers' Trade Union (USO) / Trade union / 165
ANTHOC / Trade union / 117
National Union of Workers in the Food Industry / Trade union / 109
Union of Electricity Workers of Colombia (SINTRAELECOL) / Trade union / 100
Pending / Trade union / 99
SINTRAUNICOL / Trade union / 88
SINTRAMIENERGETICA / Trade union / 60
SINTRAEMSDES - CUT / Trade union / 47
National Federation of Agricultural Unions (FENSUAGRO - CUT) / Trade union / 39
SUTIMAC / Trade union / 37
SINTRAIMAGRA / Trade union / 30
SINTRADEPARTAMENTO / Trade union / 26
ASOINCA / Trade union / 26
SINTRAEMCALI / Trade union / 24
SINTRABECOLICAS / Trade union / 23
SINTRAENTEDDIMCOL / Trade union / 18
FENASINTRAP / Trade union / 17
SINTRAMETAL / Trade union / 16
ASINORT / Trade union / 14
FECODE / Trade union / 14
SINTRAHOINCOL / Trade union / 13
SINTRACOOLECHERA / Trade union / 13
FENALTRASE / Trade union / 13
SINTRAVIDRICOL / Trade union / 12
SINTRAIME / Trade union / 12
ADIDA / Trade union / 12
SINTRAPALMA / Trade union / 11
SINTRAMUNICIPIO YUMBO / Trade union / 11
ASONAL JUDICIAL / Trade union / 11
Confederation of Workers of Colombia (CTC) / Trade union / 11
SUTEV / Trade union / 10
SINTRAOFAN - FENASINTRAP / Trade union / 10
SINDIBA / Trade union / 10
SINALTRAPROAL / Trade union / 10
SINALPROCHAN / Trade union / 10
SIMANA / Trade union / 10
FUNTRAENERGETICA / Trade union / 10
Community Aqueduct and Drainage Enterprise Workers' Union of the Municipality of Saravena (ECAAS) / Trade union / 10
SINTRATITAN / Trade union / 9
ATELCA / Trade union / 9
ASPU / Trade union / 8
SINTRAFAPROCONS / Trade union / 8
National Union of Agricultural Workers (SINTRAINAGRO) / Trade union / 8
SINTRASERVIMOS / Trade union / 7
SINTRAHOSCLISAS / Trade union / 7
UNIMOTOR / Trade union / 6
SINTRAOFIEMCALI / Trade union / 6
SINTRAINCAPLA / Trade union / 6
SINTRAGRITOL / Trade union / 6
SINSERCOSTA / Trade union / 6
General Confederation of Democratic Workers (CGTD) / Trade union / 6
SINDAGRICULTORES / Trade union / 6
FEGTRAVALLE / Trade union / 6
SINTRASINTETICOS / Trade union / 5
SINTRAPULCAR / Trade union / 5
SINTRAMUNICIPIO / Trade union / 5
SINTRAMINERCOL - FENASINTRAP / Trade union / 5
SINTRAICAÑAZUCOL / Trade union / 5
SINTRACARBON / Trade union / 5
UTRADEC / Trade union / 4
SINALTRAPROAL / Trade union / 4
SINTRAMUNICIPIO DAGUA / Trade union / 4
SINCONTAXCAR / Trade union / 4
SINTRAMUNICIPIO CHINCHINA / Trade union / 4
ASODEFENSA / Trade union / 4
Meta Teachers' Association (ADEM) / Trade union / 4
SINTHOL / Trade union / 4
Risaralda Teachers' Union (SER) / Trade union / 4
National Union of Banking Employees (UNEB) / Trade union / 3
ASEDAR / Trade union / 3
FENACOA / Trade union / 3
Santander Teachers' Union (SES) / Trade union / 3
SINTRAUNICOL / Trade union / 3
FENTRALIMENTACION / Trade union / 3
- ADES-FECODE / Trade union / 3
SINTRAISS / Trade union / 3
SINALTRAICA / Trade union / 3
SINTRAHOSPICLINICAS / Trade union / 3
Union of the University Hospital of Valle / Trade union / 3
SINTRAGRICOLAS / Trade union / 3
SINTRAEMPOPASTO / Trade union / 3
SINDESENA / Trade union / 3
SINALTRAINBEC / Trade union / 3
SINDINALCH / Trade union / 3
CSPP / Trade union / 2
FENSUAGRO - SINTRAGRITOL / Trade union / 2
Union of Local Hospital Employees of Aguachica (SINESHLA) / Trade union / 2
SINTRATEXTIL / Trade union / 2
SIGGINPEC / Trade union / 2
SINTRAMUNICIPIO VALLE / Trade union / 2
SINTRAMARITIMOS / Trade union / 2
SINTRALIMENTICIA / Trade union / 2
ASTDEMP / Trade union / 2
Association of Telecommunications Workers (ATT) / Trade union / 2
SINTRAGRICOVAL / Trade union / 2
SINTRAENERGIA / Trade union / 2
SINTRAENCAPLA / Trade union / 2
SINTRACREDITARIO / Trade union / 2
Aoociation of Retirees and Pensioners of Valle University / Trade union / 2
ANATRASIN / Trade union / 2
National Directorate of the National Union of Workers of the Dairy Industry (SINTRAINDULECHE) / Trade union / 1
ASOPERSONERIAS - CUT / Trade union / 1
SINTRAEMDDICOL VALLE / Trade union / 1
ADESCOP / Trade union / 1
CINEP / Trade union / 1
Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) / Trade union / 1
FENACOA / Trade union / 1
SINTRAGRACO / Trade union / 1
Health and Social Security Workers' Trade Union - SINDESS / Trade union / 1
National Union of Workers in the Construction Industry (SINDICONS) / Trade union / 1
FUNTRAMETAL / Trade union / 1
Arauca Teachers' Association (ASEDAR) / Trade union / 1
Association of Pensioners of Atlántico University (ASOJUA) / Trade union / 1
National Diver's Union of Colombia (SINDINALCH) / Trade union / 1
Union of Workers and Public Employees of the Arauca Municipality (SINTREMAR) / Trade union / 1
Union Association of the National Penitentiary and Prison Institute Pereira Judicial District (ASEILTEC) / Trade union / 1
SINTRABAVARIA / Trade union / 1
SINDEPEAH / Trade union / 1
SINTRAINQUIGAD - Chemical industry and similar / Trade union / 1
Union of Workers of the Agustín Codazi Institute / Trade union / 1
SINTRAISS / Trade union / 1
SINTRABANCOL / Trade union / 1
SINTRALINA / Trade union / 1
SINDESS / Trade union / 1
District Teachers' Association (ADE) / Trade union / 1
Fusagasuga Town Hall / Trade union / 1
SINALTRABAVARIA / Trade union / 1
DAF / Trade union / 1
Caqueta 1 Gold Mining Project / Trade union / 1
SINCONTAXCAR / Trade union / 1
SINTRAMUNICIPIO Medellin / Trade union / 1
National Institution of Social Studies (INES) / Trade union / 1
ACA Cimitarra River Valley / Trade union / 1
COM DH USO / Trade union / 1
Cali Municipal Enterprises Workers' Union (SINTRAEMCALI) / Trade union / 1
National Housing Centre (CENAPROV) / Trade union / 1
EDUCAL / Trade union / 1
SINTRARAUCA / Trade union / 1
SINTRAREGINAL / Trade union / 1
SINTRASANCARLOS / Trade union / 1
SINTRASENA / Trade union / 1
FENALTRASE / Trade union / 1
SINDINALCH / Trade union / 1
SINTRATELEFONOS / Trade union / 1
National Union of Workers in the Cooking Fats and Food Industry (SINTRAIMAGRA) / Trade union / 1
ACEU - Colombian Association of University Students (ACEU) / Trade union / 1
AJUCOR / Trade union / 1
Tolima Teachers' Association (SIMATOL) / Trade union / 1
SINDICIENAGA / Trade union / 1
SINTRENAL / Trade union / 1
SUDEA / Trade union / 1
CONFACAUCA / Trade union / 1
Teachers' Association of Santander / Trade union / 1
SUTIMAC / Trade union / 1
Single Teachers' Association of Amazonas / Trade union / 1
National Union of Stock Employees of Colombia (UTRADEC) / Trade union / 1
Union of Workers of Atlántico (UTRAL) / Trade union / 1
PCCUP 1 Valle / Trade union / 1
Trade Union of Communications Workers (USTC) / Trade union / 1
ACEB / Trade union / 1
USTC - CGTD / Trade union / 1
Overall total / / 1 774
Appendix 3
Murders
1. 1 Camilo Borja Pérez, 12 July 2004, Diagonal 33 At No. 16 Barranacabermeja, murder.
File No.: 228501
Branch: Bucaramanga
Investigating authority: 5 specialised
Stage of proceedings: preliminary
Current status: gathering evidence
1. 2 Gerardo de Jesús Vélez Villada, member, SINTRASANCARLOS, 9 August 2004, Tulúa, murder.
DAS and PONAL ordered to proceed, protection requested. DJ ordered of victims and of Henry Gordon. CTI to carry out investigation. 4 December 2001 Gordon interviewed in DJ. 5 December 2001. DJ of Yoris and Hernando. 11 December 2001. DJ of Jorge Lu.
File No.: 105018
Branch: Buga
Investigating authority: Public Prosecutor 33 Branch, Tulúa
Stage of proceedings: preliminary
Current status: gathering evidence
1. 3 Benedicto Caballero, leader, FENACOA, 22 July 2004, Mesitas (Cundinamarca), murder.
Flor María Santiago (reported by ICFTU as Carreño Santiago Flor María).
File No.: 631-1 URI
Branch: Cundinamarca
Investigating authority: Public Prosecutor No. 37 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 4 Alberto Torres García (arrived as Adalberto), member, ADIDA, 12 December 2001, murder.
File No.: 517442
Branch: Antioquia
Investigating authority: Public Prosecutor No. 129 Medellin Branch
Stage of proceedings: preliminary
Current status: suspended
1. 5 Nicanor Sánchez, member, ADE, 20 August 2002, murder.
File No.: 81828
Branch: Villavicencio
Investigating authority: Public Prosecutor 9
Stage of proceedings: preliminary
Current status: prohibition proceedings
1. 6 Miguel (Antonio) Espinoza Rangel, ex leader, 24 June, 2004, Barranquilla, murder.
File No.: 1919159
Branch: Barranquilla
Investigating authority: 32, life
Stage of proceedings: preliminary
Current status: suspended
1. 7 José, Jesús Rojas Castañeda, member, ASDEM, 3 December 2003, Barrancabermeja, murder.
File No.: 203453
Branch: Bucaramanga
Investigating authority: Public Prosecutor 11, Bucaramanga Branch
Stage of proceedings: preliminary
Current status: suspended
1. 8 Janeth del Socorro Vélez Galeano, member, ADIDA, 15 February, 2004, Vereda Lejanías, Remedios, murder.
File No.: 4439
Branch: Medellin
Investigating authority: Public Prosecutor No. 110 Segovia Branch,
Stage of proceedings: preliminary
Current status: gathering evidence
1. 9 Camilo Arturo Kike Azcarate, manager, SINTRAGRACO, 24 January, 2004, Buga la Grande, murder, deprived of liberty in Oscar Alonso Rivera Mendoza prison. No security measure ordered.
File No.: 91550
Branch: Buga
Investigating authority: Branch No. 2
Stage of proceedings: investigation
Current status: cierre, la investigación
1. 10 Carlos Raúl Ospina, treasurer del Sindicato de MERTULUA, SINTRAEMSDES, 24 February, 2004, Tulúa, murder, case under investigation.
File No.: 98910
Branch: Buga
Investigating authority: Public Prosecutor No. 33, Buga Branch
Stage of proceedings: preliminary
Current status: gathering evidence. How to identify and attribute individual responsibility to the authors.
1. 11 Luis José Torres Pérez, member, ANTHOC, 4 March, 2004, Barranquilla, murder. Not possible to identify authors.
Decision fgn 03131, 8 July 2004, order of transmittal to Public Prosecutor 32, National Human Rights Unit
File No.: 184081
Branch: Barranquilla
Investigating authority: Public Prosecutor 12 representative
Stage of proceedings: preliminary
Current status: SIJIN Judicial Police assigned, 6 April, 2004. Maryha Cecilia Chico and Isabel Miranda questioned by DJ.
1. 12 Raúl Perea Zúñiga, leader, SINTRAMETAL, 14 April, 2004, murder, case under investigation.
During and information meeting, the complainant was videoed while he made his speech. On 22 October, decision pending.
File No.: 651376
Branch: Cali
Investigating authority: Public Prosecutor No. 23, JPCTO Branch
Stage of proceedings:
Current status: prohibition proceedings
1. 13 Jesús Fabián Burbano Guerrero, member, USO, Dora Lilia Imbache (wife), murder, case under investigation.
During the investigation, it was suggested that the murder occurred for sentimental reasons. (information received by Public Prosecutor 51 of Orito Putumayo). The police has made progress in its investigations. Burbano’s murder was not linked to his trade union immunity or with his work for ECOPETROL. Statement Lucía Cenaida; statement by Dora Lilia Imbachi Bolaños and statement by Nora Librada Bolaños.
File No.: 2611
Branch: Mocoa
Investigating authority: Public Prosecutor 51 Branch, Orito
Current status: police mission, 1 June, 2004, reply pending
1. 14 Luis Alberto Toro Colorado, member, SINALTRADIHITEXCO, 22 June, 2004, ex officio, murder.
File No.: 138833
Branch: Antioquia
Investigating authority: Public Prosecutor No. 5 Branch, Bello
Stage of proceedings: preliminary
1. 15 Hugo Fernando Castillo Sánchez, servidor public sector, funcionario DAS, 22 June, 2004, ex officio, murder, case under investigation.
File No.: 667370
Branch: Cali
Investigating authority: Public Prosecutor No. 47 Cali Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 16 Carmen Elisa Nova Hernández, nursing auxiliary Clínica Bucaramanga, SINTRACLINICAS, 15 July 2004, ex officio, murder, investigation.
When he was about to mount his motorbike, he was assaulted by unknown persons bearing firearms.
File No.: 2149
Branch: Bucaramanga
Investigating authority: specialized Public Prosecutor Bucaramanga, his unit
Stage of proceedings: preliminary
Current status: investigation conducted by Judicial Police, CTI has taken statements from family members and CUT staff, SINTRACLINICAS trade union.
1. 17 Gerardo, Jesús Vélez Villada, member, SINTRASANCARLOS, 9 August 2004, ex officio, murder.
File No.: 105018
Branch: Buga
Investigating authority: Public Prosecutor 33, Tulúa Branch
Stage of proceedings: preliminary
1. 18 José Céspedes, Ricardo Espejo Galindo, Marco Antonio Rodríguez Moreno, Germán Bernal Baquero, Public Prosecutor, SINTRAGRITOL, 10 November, 2003, murder.
File No.: 1893
Branch: specialized
Investigating authority: specialized Public Prosecutor No. 9 UDH
Stage of proceedings: preliminary
Threats and abductions
1. 1 Ana Milena, Cobos, deputy manager, SINTRAUNICOL, complainant: Jaime Maisonnneuve Saninet, 27 November, 2003, Cali, personal threats, gathering evidence during investigation. No evidence exists to indicate that the deceased belonged to any trade union organization. See documents obtained for the investigation revealed that Jhonthan Jiménez Cadena was an eighth grade student of the Instituto Cerros del Sur and a member of a football training school, suspects under investigation.
File No.: 796189
Branch: Bogotá
Investigating authority: Public Prosecutor No. 240 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 2 Ariel, Díaz, leader, CUT, complainant: Jaime Maisonnneuve Saninet, 27 November, 2003, Cali, personal threats, suspects under investigation.
File No.: 796189
Branch: Bogotá
Investigating authority: Public Prosecutor No. 240 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 3 Carlos, González, leader, CUT, complainant: Jaime Maisonnneuve Saninet, 27 November, 2003, Cali, personal threats, suspects under investigation.
File No.: 796189
Branch: Bogotá
Investigating authority: Public Prosecutor No. 240 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 4 Uriel, Ortiz Coronado, member, SINTRACAASA, ex officio, 22 July 2003, Saravena, murder, investigation, investigating judge Saravena Circuit, suspects : Jaime Nelson Londoño, Jorge Hugo Mosquera, Edwin González Florez, Werner Oliveros Agudelo, the victim was shot with a firearm in a public establishment when leaving with friends.
File No.: 77776
Branch: Cúcuta
Investigating authority: Public Prosecutor1, Saravena Branch, Arauca
Stage of proceedings: investigation
Current status: ordered to submit case to court for trial proceedings
1. 5 Alvaro Enrique, Villamizar, president, SINTRAUNICOL, complainant: Jaime Maisonnneuve Saninet, 27 November, 2003, Cali, personal threats, suspects under investigation.
File No.: 796189
Branch: Bogotá
Investigating authority: Public Prosecutor No. 240 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 6 Eduardo, Camacho, member, SINTRAUNICOL, complainant: Jaime Maisonnneuve Saninet, 27 November, 2003, Cali, personal threats, suspects under investigation.
File No.: 796189
Branch: Bogotá
Investigating authority: Public Prosecutor No. 240 Branch
Stage of proceedings: preliminary
Current status: gathering evidence
1. 7 David, Jesús, Vergara Peñaranda, leader, SINTRAGRICOLAS, 29 September, 2003, unknown, abduction.
File No.: 157373
Branch: Valledupar
Investigating authority: Specialized First Public Prosecutor
Stage of proceedings: preliminary
Current status: gathering evidence
1. 8 Seth Jojhan, Cure Castillo, leader, SINTRAGRICOLAS, 29 September, 2003, unknown, abduction.
File No.: 157373
Branch: Valledupar
Investigating authority: Specialise First Public Prosecutor
Stage of proceedings: preliminary
Current status: gathering evidence
1. 9 Euclides Manuel, Gómez Ricardo, leader, SINTRAINAGRO, complainant: Euclides Manuel Gómez Ricardo, 31 July 2003, Zona Bananera, Cienaga, personal threats.
File No.: 44093
Branch: Santa Marta
Investigating authority: Specialised Public Prosecutor No. 3
Stage of proceedings: preliminary
Current status: gathering evidence
1. 10 José Moisés, Luna Rondón, member, ASPU, 30 July 2003, personal threats.
File No.: 48129
Branch: Montería
Investigating authority: 80 Branch
Stage of proceedings: prohibition proceedings
Current status: closed
1. 11 David José, Carranza Calle, 10 September, 2003, enforced disappearance.
File No.: 171001
Branch: Barranquilla
Public Prosecutor : Life 32 Branch
Stage of proceedings: preliminary
Current status: prohibition proceedings
1. 12 José, Munera, president, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 13 Elizabeth, Montoya, president, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Public Prosecutor: 78
Stage of proceedings: preliminary
Current status: suspended
1. 14 Norberto, Moreno, activista, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 15 Bessi, Pertuz, vice-president, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Public Prosecutor No.: 78
Stage of proceedings: preliminary
Current status: suspended
1. 16 Luis Ernesto, Rodríguez, president, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 17 Alvaro, Vélez, president-Monteria, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Public Prosecutor: 78
Stage of proceedings: preliminary
Current status: suspended
1. 18 Mario, López Puerto, treasurer, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 19 Eduardo, Camacho, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Public Prosecutor: 78
Stage of proceedings: preliminary
Current status: suspended
1. 20 Ana Milena, Cobos, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 21 Ariel, Díaz, SINTRAUNICOL, 11 November, 2003, personal threats.
File No.: 771518
Branch: Medellin
Investigating authority: 78
Stage of proceedings: preliminary
Current status: suspended
1. 22 Fredy Adolfo, Páez Romero, member, complainant: the victim, 1 March, 2004, Barranquilla, personal threats to family members.
File No.: 180286
Branch: Barranquilla
Investigating authority: 15
Stage of proceedings: case under investigation
Current status: preliminary
1. 23 Eduardo Gracia Pimienta, Euripides Yance, Evelio Mancera, Eduardo Arévalo, Antonio Andrade, Roberto Borja, Tomás Ramos, Adalberto Ortega, Víctor Vaca, Luis Jiménez, Osvaldo Camargo, Eliécer Garcés, Jorge Eliécer Sarmiento, Freddy Páez, Ramón Camargo, Germán Castaño, Antonio Gracia and Orlando Pérez Contreras, sede, SINALTRAINAL, 28 February, 2005, personal threats all threats to family members.
File No.: 209323
Branch: Barranquilla
Investigating authority: 23
Current status: preliminary
Arrests
1. 1 Blanca Aurora Segura, president, SINTRAENAL.
File No.: 201819
Branch: Bucaramanga
Investigating authority: 3 specialized
1. 2 Ney M. Medrano Navas, rebellion, pre-trial detention without bail, sentenced to six years imprisonment.
File No.: 36537
Branch: Sincelejo
Investigating authority: Public Prosecutor No. 4
Current status: charged, appearing before the Second Criminal Circuit Court
1. 3 Apolinar Herrera, member, SINDEAGRICULTORES, arms trafficking.
Branch: Florencia
Investigating authority: 8 specialised
Current status: trial proceedings
1. 4 Apolinar Herrera, member, SINDEAGRCULTORES, arms trafficking.
File No.: 237992
Branch: Bucaramanga
Investigating authority: 12 specialised
Current status: gathering evidence
1. 5 Víctor Rodrigo Oime Hormiga, member, SINTRAGIM, embezzlement.
File No.: 1493
Branch: Florencia
Investigating authority: 8 specialised
Current status: detention
1. 6 Víctor Rodrigo Oime Hormiga, member, SINTRAGIM, rebellion.
File No.: 5418
Branch: Bogotá Regional Public Prosecutor
Investigating authority: representative at court
Current status: investigation
1. 7 Samuel Morales, president, CUT-Arauca, rebellion, pre-trial detention.
File No.: 61427
Branch: Nacional Anti-abduction Unit Saravena Court
Investigating authority: 12 specialised
Current status: trial proceedings
1. 8 Raquel Castro, member, ASEDAR, rebellion, pre-trial detention without bail.
File No.: 61427
Branch: National Anti-abduction Unit Saravena Court
Investigating authority: 12 specialised
Current status: trial proceedings
1. 9 Adolfo Tique, rebellion, pre-trial detention.
File No.: 1125206
Branch: Ibagué
Investigating authority: 12 specialised
Current status: kept decision to press charges
1. 10 Nibia Esther González de Coll, member, FENSUAGRO, advocacy of the offence.
Branch: Barranquilla
Investigating authority: 54
Current status: detention
Appendix 4
Information on the investigations of crimes of murder of trade union members – 2004
Cases where investigation has been completed – Trial proceedings
1. 1 Leonel Goyeneche Goyeneche, treasurer, Arauca Teachers’ Association (ASEDAR), teacher, 5 August 2004, Saravena, departament of Arauca.
Authors: national army
File No.: 2009
Branch: National Human Rights Unit
- Pre-trial detention: pre-trial detention (five defendants)
Stage of proceedings: completion of investigation– trial
1. 2 Jorge Eduardo, Prieto Chamucero, president, National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), health, 5 August 2004, Saravena, departament of Arauca.
Authors: national army
File No.: 2009
Branch: National Human Rights Unit
- Pre-trial detention: pre-trial detention (five defendants)
Stage of proceedings: completion of investigation – trial
1. 3 Héctor Alirio Martínez, former president, National Federation of Agricultural Unions (FENSUAGRO), agricultural, 5 August 2004, Caserío Caño Seco, municipality of Fortul, departament of Arauca.
Authors: national army
File No.: 2009
Branch: National Human Rights Unit
- Pre-trial detention: pre-trial detention (five defendants)
Stage of proceedings: completion of investigation– trial
Cases undergoing investigation
1. 1 Camilo Arturo, Kike Azcárate, manager, Fat, Vegetable Oil and Oleaginous Products Workers’ Nacional Trade Union of Colombia (SINTRAGRACO), industry, 24 February 2004, Buga, departament of Meta.
Authors: unknown
File No.: 91550
Branch: Buga
- Pre-trial detention: pre-trial detention (one)
Stage of proceedings: investigation – trial
CRER protection measure: had not requested or been granted any protection measure
1. 2 Martha Lucía Gómez Osorio, member, Tolima Teachers’ Union (SIMATOL), teacher, 27 October 2004, Chaparral, departament of Tolima.
Authors: unknown
File No.: 181800
Branch: Ibagué
- Pre-trial detention: pre-trial detention (two defendants)
Stage of proceedings: investigation – trial
Cases at the preliminary stage
1. 1 Jairo González Quintero, member, Antioquia Teachers’ Association (ADIDA), teacher, 17 January 2004, Medellin, department of Antioquia.
Authors: unknown
File No.: 776970
Branch: Medellin
Stage of proceedings: preliminary, gathering evidence
CRER protection measure: has not requested or been granted any protection measure.
1. 2 Alvaro Granados Rativa, vice-president Branch Bogotá, Single Construction Industry and Materials Workers’ Union (SUTIMAC), 8 February 2004, Bogotá, department of Cundinamarca.
Authors: unknown
File No.: 743989
Branch: Bogotá
Stage of proceedings: preliminary, gathering evidence
1. 3 Yesid Chincanga, member, Cauca Teachers’ Association (ASOINCA), teacher, 9 February 2004, Santander, Quilichao, department of Cauca.
Authors: unknown
File No.: 105257
Branch: Popayán
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 4 Janeth del Socorro Vélez Galeano, member, Antioquia Teachers’ Association (ADIDA), teacher, 15 February 2004, Remedios, department of Antioquia.
Authors: unknown
File No.: 4439
Branch: Medellin
Stage of proceedings: preliminary – gathering evidence
1. 5 Rafael Segundo Vergara Correa, member, Cartagena Taxi Drivers’ Trade Union (SINCONTAXCAR), taxi driver, 22 March 2004, municipalities of Campestre and Milagro, department of Bolívar.
Authors: unknown
File No.: 142729
Branch: Cartagena
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 6 Alexander Parra Díaz, member, Boyacá Teachers’ Union, teacher, 28 March 2004, Chiquinquirá, department of Boyacá.
Authors: unknown
File No.: 68139
Branch: Tunja
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 7 Juan Javier Giraldo, member, Antioquia Teachers’ Association (ADIDA), teacher, 1 April 2004, Medellin, department of Antioquia.
Authors: unknown
File No.: 800867
Branch: Medellin
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 8 Luis Francisco Verano Gómez, Association of Aqueduct Construction Workers, construction, 6 April 2004, Mesetas.
Authors: unknown
File No.: 125611
Branch: Villvicencio
Stage of proceedings: preliminary – gathering evidence
1. 9 José García, member, Arauca Teachers’ Association (ASEDAR), teacher, 12 April 2004, Tame, department of Arauca.
Authors: unknown
File No.: 86343
Branch: Cúcuta
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 10 Mildreth Berteyd Mazo Jaramillo, member, Antioquia Teachers’ Association (ADIDA), teacher, 26 May 2004, municipality of San Andrés, Cuerquuia, department of Antioquia.
Authors: unknown
File No.: 141400
Branch: Antioquia
Stage of proceedings: preliminary – gathering evidence
1. 11 Javier Montero Martínez, member, Teachers’ Association of César (ADUCESAR), teacher, 1 June 2004, Valledupar, department of Cesar.
Authors: unknown
File No.: 163406
Branch: Valledupar
Stage of proceedings: preliminary – gathering evidence
1. 12 Isabel Toro Soler, member, Putumayo Teachers’ Association (ASEP), 1 June 2004, Yopal, department of Putumayo.
Authors: unknown
File No.: 67405
Branch: Santa Rosa, Viterbo
Stage of proceedings: preliminary – gathering evidence
1. 13 Camilo Borja, member, Petroleum Industry Workers’ Trade Union (USO), oil sector, 12 July 2004, Barranca Bermeja, department of Santander.
File No.: 228501
Branch: Bucaramanga
Stage of proceedings: preliminary, gathering evidence
1. 14 José Joaquín Cubides, secretary general, Agro Small and Medium-sized Producers’ Union (SINDEAGRO), agricultural, 7 November 2004, Fortul, department of Arauca.
Authors: unknown
File No.: 4760
Branch: Cúcuta
Stage of proceedings: preliminary – gathering evidence
1. 15 Iria Fenilde Mesa Blanco, member, Arauca Teachers’ Association (ASEDAR), teacher, 9 November 2004, Fortul, department of Arauca.
Authors: unknown
File No.: 4759
Branch: Cúcuta
Stage of proceedings: preliminary – gathering evidence
1. 16 Ana, Jesús Durán Ortega, member, North Santander Teachers’ Association (ASINORT), teacher, 10 December 2004, Cúcuta, department of North Santander.
Authors: unknown
File No.: 101631
Branch: Cúcuta
Stage of proceedings: preliminary – gathering evidence
1. 17 Nelson, Jesús Martínez, member, Antioquia Teachers’ Association (ADIDA), teacher, 18 December 2004, municipality of La Ceja, department of Antioquia.
Authors: unknown
File No.: 101631
Branch: Medellin
Stage of proceedings: preliminary – gathering evidence
1. 18 José Nevardo Osorio Valencia, leader sindical, Risaralda Teachers’ Union (SER), teacher, 27 December 2004, Mistrató, department of Risaralda.
Authors: unknown
File No.: 125805
Branch: Pereira
Stage of proceedings: preliminary – gathering evidence
Cases undergoing prohibition proceedings
1. 1 Edgar Arturo Blanco Ibarra, member, North Santander Teachers’ Association (ASINORT), teacher, 7 January 2004, Cúcuta, departamento of North Santander.
Authors: unknown
File No.: 79360
Branch: Cúcuta
Stage of proceedings: prohibition proceedings
1. 2 Ricardo Barragán Ortega, member, Cali Municipal Enterprises Workers’ Union (SINTRAEMCALI), public sector, 16 January 2004, Cali, departament of Valle.
Authors: unknown
File No.: 627693
Branch: Cali
Stage of proceedings: prohibition proceedings
CRER protection measure: has not been granted protection measure
1. 3 Carlos Raúl Ospina, treasurer of the MERTULUA trade union, Trade Union of Workers and Employees in Public and Autonomous Services and Decentralized Institutions of Colombia (SINTRAEMSDES), public sector, 24 February 2004, Tulúa, departament of Valle.
Authors: hired assassins
File No.: 98910
Branch: Buga
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 4 Ernesto Rincón Cárdenas, information and press secretary, Boyacá Teachers’ Union (SINDIMAESTROS), teacher, 27 January 2004, Caldas, department of Boyacá.
Authors: unknown
File No.: 1395
Branch: Tunja
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 5 Pedro Alirio Silva, Putumayo Teachers’ Association (ASEP), teacher, 2 March 2004, Orito, department of Putumayo.
Authors: unknown
File No.: 563
Branch: prohibition proceedings
Stage of proceedings: prohibition proceedings
1. 6 Julio César García García, member, Association of Employees of the National Penitentiary and Prison Institute (ASEINPEC), 2004, Cartago, departament of Valle.
Authors: unknown
File No.: 96337
Branch: Buga
Stage of proceedings: prohibition proceedings
1. 7 Mary Rosa Daza, member, Cauca Teachers’ Association (ASOINCA), education, 16 March 2004, Bolívar, department of Cauca.
Authors: unknown
File No.: 2320
Branch: Popayan
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 8 Alvis Hugo Palacios, member, National Union of Public Employees of the National Service for Training (SINDESENA), education, 16 March 2004, Vetulia and Since, department of Sucre.
Authors: unknown
File No.: 43709
Branch: Sincelejo
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 9 Ana Elizabeth Toledo Rubiano, member, Arauca Teachers’ Association (ASEDAR), teacher, 19 March 2004, Mapoy, department of Arauca.
Authors: unknown
File No.: 99991
Branch: Cucuta
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 10 Carlos Alberto Chicaiza Betancourt, secretary general, General Services Workers’ Union (SINTRAEMSIRVA), public sector, 15 April 2004, Cali, departament of Valle.
Authors: unknown
File No.: 650784
Branch: Cali
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 11 Evelio Henao Marín, vice-president, deputy director of the Bolombolo operational group, Union of Workers of the Department of Antioquia (SINTRADEPARTAMENTO), 24 April 2004, municipality of San Rafael, department of Antioquia.
Authors: unknown
File No.: 153671
Branch: Antioquia
Stage of proceedings: prohibition proceedings
1. 12 Fernando Ramírez Barrero, member, Risaralda Teachers’ Union (SER), teacher, 10 May 2004, Pereira, department of Risaralda.
Authors: unknown
File No.: 114390
Branch: Pereira
Stage of proceedings: prohibition proceedings
1. 13 Jesús Alberto Campos Pérez, member, Arauca Teachers’ Association (ASEDAR), teacher, 7 May 2004, Tame, department of Arauca.
Authors: unknown
File No.: 99998
Branch: Cucuta
Stage of proceedings: prohibition proceedings
1. 14 Jesús Fabián Burbano Guerrero, member, Petroleum Industry Workers’ Trade Union (USO), oil sector, 31 May 2004, Cartagena, department of Bolívar.
Authors: unknown
File No.: 2611
Branch: Mocoa
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 15 Adiela Torres, member, Putumayo Teachers’ Association (ASEP), teacher, 1 June 2004, Puerto Legizamo, department of Putumayo.
Authors: unknown
File No.: 3778
Branch: Mocoa
Stage of proceedings: prohibition proceedings
1. 16 Lina Marcela Amador Lesmer, member, Putumayo Teachers’ Association (ASEP), teacher, 1 June 2004, La Hormiga, department of Putumayo.
Authors: unknown
File No.: 3834
Branch: Mocoa
Stage of proceedings: prohibition proceedings
1. 17 Gerardo, Jesús Vélez, member, San Carlos Sugar Refinery Workers’ Union (SINTRASANCARLOS), 9 July 2004, Tulúa, departament of Valle.
Authors: unknown
File No.: 105018
Branch: Buga
Stage of proceedings: prohibition proceedings
1. 18 Jorge Eliécer Valencia Oviedo, president, Valle Single Education Workers’ Trade Union (SUTEV), education, 21 August 2004, deputy director Tulúa, departament of Valle.
Authors: unknown
Branch: Buga
Stage of proceedings: prohibition proceedings
CRER protection measure: has not requested or been granted any protection measure
1. 19 Jean Warren Buitrago Millán, secretary, DIAN Workers’ Union (SINTRADIAN), 15 September 2004, Tulúa, departament of Valle.
Authors: hired assassins
File No.: 4977
Branch: Buga
Stage of proceedings: prohibition proceedings
1. 20 Juan José Guevara Maturana, member, North Santander Teachers’ Association (ASINORT), teacher, 22 April 2004, Arauca, department of Arauca.
Authors: unknown
File No.: 107590
Branch: Cucuta
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 21 Calixto Gómez Rummer, member, National Union of Coal Industry Workers (SINTRACARBON), mining sector, 31 January 2004, Fonseca, department of Guajira.
Authors: unknown
File No.: 62793
Branch: Riohacha
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 22 Lucero Henao, Meta Independent Agricultural Workers’ Union (SINTRAGRIM), agricultural, 6 February 2004, Castillo, department of Meta.
Authors: unknown
File No.: 1891
Branch: Villvicencio
Stage of proceedings: preliminary – gathering evidence
1. 23 Jorge Mario Giraldo Cardona, member, Antioquia Teachers’ Association (ADIDA), teacher, 14 April 2004, Medellin, department of Antioquia.
Authors: unknown
File No.: 77950
Branch: Medellin
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 24 Nohora Martínez Palomino, member, Teachers’ Association of César (ADUCESAR), teacher, 19 April 2004, Valledupar, department of Cesar.
Authors: unknown
File No.: 162374
Branch: Valledupar
Stage of proceedings: preliminary – gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 25 Salomón Freite Muñoz, member National Association of Civil Servants and Employees in the Judicial Branch (ASONAL JUDICIAL), public sector, 21 July 2004, Cúcuta, department of North Santander
Authors: unknown
File No.: 93730
Branch: Cúcuta
Stage of proceedings: preliminary, gathering evidence
CRER protection measure: has not requested or been granted any protection measure
1. 26 Erinia María Caicedo Sarria, member, National Association of Workers and Employees in Hospitals and Clinics (ANTHOC), health, 11 September 2004, Bordo, department of Cauca.
Authors: hired assassins
File No.: 8166
Branch: Popayan
Stage of proceedings: preliminary – gathering evidence
1. 27 José Aicardio Sosa Soler, General Confederation of Democratic Workers (CGT), 4 April 2004, Bogotá, department of Cundinamarca.
Authors: unknown
File No.: 751768
Branch: Bogotá
Stage of proceedings: preliminary – suspended
Appendix 5
Mission report
Colombia (24-29 October 2005)
I. Background information
1. 1 The ILO high-level tripartite visit to Colombia took place from 24 to 29 October 2005 at the invitation of the Colombian Government within the framework of two different ILO supervisory mechanisms. First, the Government invited the President of the ILO Committee on Freedom of Association, Professor Paul van der Heijden, following the Committee’s conclusion in Case No. 1787 in June 2005 that, taking into account the violent situation which the trade union movement must face due to the serious situation of impunity, the numerous cases that have not been resolved, and the fact that the last mission of the Office to the area took place back in January 2000, it would be highly desirable to collect further and more detailed information from the Government and the workers’ and employers’ organizations, in order to have an up-to-date understanding of the situation. Secondly, following discussions in the International Labour Conference Committee on the Application of Standards in respect of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government extended its invitation to include the Employer and Worker Vice-Chairpersons of the Committee on the Application of Standards, Mr. Edward E. Potter and Mr. Luc Cortebeeck. This Committee decided that a high-level tripartite visit should take place and meet with the Government, the workers’ and employers’ organizations, and the competent bodies in Colombia in the area of investigation and supervision, and should place particular emphasis on all questions relating to the application of Convention No. 87 in law and in practice and to the ILO Special Technical Cooperation Programme for Colombia.
II. Pending cases before the Committee
on Freedom of Association
1. 2 There are currently ten cases pending before the CFA concerning Colombia, without taking into account the other ten cases that are at the follow-up stage. Case No. 1787 refers to allegations of murders, disappearances and other acts of violence against trade union leaders and affiliates and to the important aspect of impunity.
2. 3 The other pending cases are Nos. 2068, 2355, 2356, 2362, 2363, 2384, 2424, 2434 and 2448. These cases refer principally to acts against the exercise of freedom of association through the refusal to register trade unions, or trade unions’ executive committees, the refusal to grant trade union leave, the restructuring of public enterprises or public bodies, involving the collective dismissal of workers including trade union leaders and members; and the recourse by many enterprises to outsourcing through cooperatives or other civil and commercial contracts where unionization is not permitted. Many allegations also refer to acts of anti-union discrimination, such as dismissals and demotion for the legal exercise of union activities, and the obstacles met to bargain collectively: denial of collective bargaining rights for public services employees and the celebration of non-union collective accords that undermine the trade unions.
III. Programme of the visit
1. 4 The members of the high-level tripartite visit had the opportunity to meet with the President of Colombia, Mr. Alvaro Uribe Vélez and the Vice-President, Mr. Francisco Santos Calderón. They also met with the following representatives of the Government: the Minister of Social Protection, Mr. Diego Palacios Betancourt, the Deputy Minister of Social Protection, Mr. Jorge León Sánchez Mesa, the Deputy Minister of Foreign Affairs, the Deputy Minister of Defence, Mr. Andrés Peñate, the Deputy Minister of Internal Affairs, Mr. Luis Hernando Angarita and officials from these ministries as well as with the Deputy High Commissioner for Peace, General Eduardo Antonio Herrera, and other officials from his office. They also had meetings with the four high judicial courts: the Supreme Court of Justice, the Constitutional Court, the Council of State and the Council of the Judicature; the Attorney-General and the Procurator-General.
2. 5 The members of the visit also had long and extensive discussions with the three confederations (United Confederation of Workers (CUT), General Confederation of Workers (CGT) and the Confederation of Workers of Colombia (CTC)) their presidents, Mr. Carlos Rodríguez Díaz from the CUT, Mr. Julio Roberto Gómez Esguerra from the CGT and Mr. Apecides Alvis Fernández from the CTC, as well as many of their affiliates.
3. 6 The members of the visit also met on two occasions with the employers’ organization, the National Association of Industrialists (ANDI), its President, Mr. Alberto Villegas and the Vice-President for Legal and Social Affairs, Mr. Alberto Echavarría Saldarriaga and many of its enterprise affiliates. Finally, they met with the Director of the Office of the United Nations High Commissioner for Human Rights in Colombia, Mr. Michael Frühling.
4. 7 The description of these meetings below is made in an attempt to share as fully as possible the information and viewpoints communicated by those met. With this objective in mind, bare assertions have also been reported even though the members of the visit did not have the time available to them to confirm such statements or to give all the other parties concerned an opportunity to rebut them.
IV. Government representatives
1. 8 During the meetings held with public authorities, including with the President, the Vice-President, the Minister of Social Protection and the Deputy Minister of Social Protection, the need for a deep understanding of the context in which the high-level tripartite visit was going to be carried out was emphasized.
President of the Republic
1. 9 The President of the Republic, Mr. Alvaro Uribe Vélez, who has a term of office of four years and, following a recent decision of the Constitutional Court, can be re-elected for another four-year period, emphasized the current priorities of the Government in the fight against terrorism, corruption, poverty and misery. He stressed the need to develop a new relationship with trade unions based on increased participation in contrast with the more conflicting attitude of the past. He highlighted some positive experiences, such as that of Acerías Paz del Río (steel company) and Gestión Energética S.A.E.S.P. (GENSA S.A., electric company) where the trade unions, in cooperation with the management, succeeded in overcoming the crisis. He admitted nonetheless, that there were some abuses in the use of some contractual forms such as the cooperatives, and informed the visit that a decree would be issued to control these abuses.
2. 10 He emphasized that these concerns had to be addressed, however, while taking into account the broader context of a difficult fiscal situation and a high unemployment rate, which amounted to 20 per cent when he took office. Concerning the restructuring processes, he stressed the need to undertake a reform of the public administration, which was not intended as a policy against trade unions.
  - Vice-President of the Republic
3. 11 The Vice-President, Mr. Francisco Santos Calderón, underlined that the country was going through a difficult situation of generalized violence involving different actors that had lasted for decades. However, he pointed out that the situation was currently improving, although still worrying. He further referred to the need to understand that many aspects of labour relations had been influenced by ideology. He recognized that different human rights defenders, including trade unionists, had been the target of some violent groups and underlined his open condemnation for this situation. He pointed out that the protection programme designed for these victims was oriented principally to protect trade unionists to which $7 million had already been devoted. He further regretted that the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights had not met since 2004 and pointed out the Government’s intention to reactivate it.
4. 12 As regards labour relations, the Vice-President recalled the difficult situation the new Government faced in 2002, when the country went almost bankrupt, which led to a vast programme of state restructuring that affected many workers. He underlined the positive role played by unions in many cases, through innovative figures like the trade union contract and in some cases the cooperatives in order to have a sustainable State. He further pointed out that many enterprises have overcome the crises through social dialogue.
Ministry of Social Protection
1. 13 The Minister of Social Protection, Mr. Diego Palacio Betancourt, referred to the rise of the minimum wage in 2003, which had been the highest for the last 13 years, going beyond the inflation rate. He further referred to the National Education Service (SENA), and to the family subsidy system, which were currently receiving increased financing, thus permitting an increased number of workers to benefit from them. Concerning the labour reform he mentioned in particular, the pensions reform, which will imply a limitation in the right to collective bargaining. He also referred to some capitalization programmes for small enterprises. He regretted that the workers’ centrals did not agree with the current labour reform and refused participation in the commissions that are dealing with these issues.
2. 14 He pointed out that, thanks to the increased security after the implementation of the Democratic Security Programme, tourism had considerably improved. Moreover, he stressed that those enterprises that would provide employment for the poorest or for the demobilized people would benefit from subsidies.
3. 15 As regards the violence against trade unionists, he stressed that their social role should be stressed as opposite to their stigmatization. He referred to the Programme of Protection to Witnesses and Threatened Persons, the Commission for the Regulation and the Evaluation of Risks (CRER), which decides on the protection programmes to be granted on a consensus basis. He pointed out that 99 per cent of the requests for protection received had been provided. However, he regretted the existence in many cases of abuses from the workers.
4. 16 The Minister of Social Protection recognized that there were situations where perception was different depending upon whether it came from the point of view of employers, the Government or workers. He admitted the existence of abuses by the employers in the use of cooperatives, which implied that, on several occasions, regular workers were dismissed from the enterprises and were replaced by subcontracted cooperatives where unionization was not permitted. He informed that in order to remedy this situation, Congress was currently examining a new Bill to amend the Act on cooperatives. He also referred to the numerous processes of enterprise and public institutions restructuring and emphasized that these measures were absolutely necessary for the fiscal health of the public budget and refused categorically any hidden anti-union intentions. Moreover, he signalled that in the latest restructuring processes the special trade union immunity (fuero sindical) was fully respected, and trade union leaders were not dismissed until the proper judicial authorization was granted.
5. 17 The Deputy Minister of Social Protection, Mr. Jorge León Sánchez Mesa, further referred to the current use of a figure, already contemplated in the substantive Labour Code, the Trade Union Contract, which they consider to be an innovative way of ameliorating labour relations. In fact, the members of the visit had the opportunity to visit the public enterprise GENSA S.A. (electric company) in Paipa where this type of union contract has been implemented. During this visit the members also had the opportunity to see the steel company, Acerías Paz del Río. In both opportunities, the members of the visit met with the companies’ management and the trade unions.
6. 18 A government representative in charge of the Group for the Defence, Protection and Promotion of Human Rights of the Ministry of Social Protection explained that this group was aimed at strengthening democracy through the protection of human rights. She further explained that the Inter-institutional Commission for the Promotion and Protection of Workers’ Human Rights was created in 1997 by the State Labour Accord of 18 February 1997 and Decree No. 1413 of 1997 and was given permanent status by Decree No. 1828 of 1998. It serves as a forum for dialogue to deal with issues such as the right to life of trade unionists and the strengthening of freedom of association. In order to achieve these objectives, a tripartite work plan was elaborated, which has already yielded positive results. She explained that out of 35 trade unionists killed in 2005, five were trade union leaders. The education sector is the most affected by these homicides. She highlighted the 78 per cent reduction in the homicides rate in 2005 (27 homicides in the period January-June 2004 and six homicides in the same period in 2005). These figures did not take into account the assassination of teachers where a reduction of the rate of homicides was also noticeable (42 per cent decrease).
7. 19 She added that in 1997, the Government created, within the Programme of Protection to Witnesses and Threatened Persons, the CRER. It is a tripartite institution that assesses the level of risk for every person that is considered to be threatened. Currently, there are 163 trade unions benefiting from protection schemes. In 2004, 1,615 union leaders or members were given protection. The financial resources devoted to the whole protection programme have been increased throughout the past five years from national and international sources. Currently, 54.96 per cent of the protection granted to special vulnerable groups is allocated to the trade unions. The protection allocated to trade unionists varies significantly from one case to another. It may consist of cellphones, in the more simple programmes, up to bodyguards, armour-plated cars and the reinforcement of trade union premises.
8. 20 Finally, the government representative provided the members of the visit with detailed information about the investigations that are currently being carried out concerning homicides, the protection measures that benefit trade unions and trade unionists and all the training workshops organized by the Ministry for judges, attorneys and trade unionists.
9. 21 Concerning labour relations in particular, another government representative from the Office of the Vice-Minister further referred to the standing negotiation committees, which were established by Acts Nos. 278 of 1996 and 790 of 2005. There are standing committees at the national and the local levels, with already 22 committees at the district level. The final objective is to cover the whole territory. It is however easier for a district committee to meet than a national one. In fact, in September 2005, the national committee could not meet following the refusal of one of the worker confederations.
10. 22 She emphasized that, in order to expand these standing negotiation committees on wages and labour policies, it was essential to secure the territory to allow the free and safe participation of all the social partners. Moreover, it is crucial that the social partners recover their essential role in social dialogue, which is a clear response against any intention to solve the problems through violence. In order to achieve this goal, the Government finances many training programmes for unionists within their unions following programmes designed by the unions themselves.
11. 23 Concerning labour inspection, the official from the Ministry of Social Protection in charge of this issue referred to the considerable increase in the supervision as well as in the imposition of fines. He referred to the importance of prevention. He emphasized that in many cases of misuse of cooperatives to disguise employment relations the appropriate sanctions to the responsible enterprises had been imposed. He affirmed that, after the intervention of the labour inspection, the registration of cooperatives reduced in a 67 per cent, which implied that there has been certain control in these abuses. Moreover, a plan to visit the cooperatives was established.
Deputy Minister of Defence
1. 24 Concerning the issue of public security, the Deputy Minister of Defence, Mr. Andrés Peñate, referred to the Democratic Security Programme, which had already been in place for three years and had yielded positive results. In fact, it was shown to be an effective protection programme against armed actors. The mandate of the programme was to address the security problem within a context of democracy, the rule of law and the constitutional separation of state powers. He underlined that the legitimacy of the programme came from the respect for human rights and the approval of the Colombian people. The solution did not involve necessarily an intervention of the army, but its presence helped the realization of the programme’s goals. Moreover, within the army and the national public force structures there are human rights departments that train officials to respect human rights.
2. 25 The first step of the Democratic Security Programme consisted in recovering state control over the territory. As a matter of fact, great parts of the Colombian territory were, in 2002, in the hands of illegal armed groups. Some of them still are. In many places, mayors were not able to take up office in the places where they had been elected; representatives from the Attorney-General’s office, judges and police were absent in many districts. In fact, they were also victims of violence. The main challenge was to ensure the security of the people once again. The main objective was not necessarily to destroy the armed groups by force, but rather to restore normal life in these territories. For the first time, this policy was made public and accountable. Since its implementation, there have been several positive results. In 2003, and for the first time, there was not a single murder of a candidate to local elections. Nowadays, all mayors, except one, are carrying out their functions in their cities and towns and the threats to them have been reduced from 415 cases in 2002 to 130 in 2005. In 2002, the police was not present in 168 municipalities. In 2004 there were no municipalities without a police presence.
3. 26 Colombia has been considered for many years as the country with the highest rate of homicide. The tendency is now being reversed, although the number of victims is still very high. There were 28,837 murders in 2002. In 2004, this number was reduced by 32 per cent, and it is expected that there will be an additional reduction of 15 per cent in 2005. The Deputy Minister also felt it was important to underline that, even in the fight against the violent armed groups, the number of dead had been considerably reduced, while the emphasis was now being placed on the capture and surrender of members of these groups. In fact, the Deputy Minister underlined that, according to recent polls, the armed forces enjoy the highest rate of favourable opinion.
4. 27 Concerning kidnappings, the Deputy Minister stated that this was a method widely used by guerrillas to finance their activities. He explained that this created a vicious circle since the lack of adequate response from the Government under past administrations had given rise to the paramilitary phenomena as a wrong solution to the problem. In addition, kidnappings had a negative impact on tourism, transportation and local businesses in many regions. People had been afraid to travel by car. Again, it was necessary for the Government to reassume its role as the guarantor of the rule of law in order to effectively eliminate the problem. The Democratic Security Programme led to a 50 per cent reduction in the number of cases of kidnappings from October 2004 to October 2005 and there have been no kidnappings on the roads for the last year-and-a-half.
5. 28 People have been more confident to travel within the country again and the number of displaced families has considerably diminished.
6. 29 The number of people involved in the illegal armed groups has varied throughout the years. While the National Liberation Army (ELN) increased by 1,300 members from 1990 to 2004 and is currently in a phase of slight diminution, the United Self-defence Forces of Colombia (AUC) and the Armed Revolutionary Forces of Colombia (FARC) increased considerably from 1990 until 2002 and are currently in a phase of reduction. Current figures for these groups are: the ELN –3,655 men, the FARC – 12,515, and the AUC – 10,916. During the present presidential period 8,177 persons from different illegal armed groups were demobilized.
7. 30 The Deputy Minister of Defence also referred to the Law on Justice and Peace, which was approved by Congress on 21 June 2005, and is currently before the Constitutional Court, following some appeals as to the constitutionality of some of its provisions. This Law would address the issue of demobilization and the benefits of sentence reduction for those members of illegal armed groups that demobilized and collaborated with the public forces in the demobilization and capture of other armed elements.
8. 31 The Deputy Minister of Defence considered that the general perception of the Democratic Security Programme and the Law on Justice and Peace by people was positive and the programme was generally accepted, since it was important that the Government be the only one to provide security in the country.
9. 32 Concerning the policies implemented to deal with the acts of violence against trade union leaders, he reiterated that the protection programme devoted 54.6 per cent of the budget to the protection of trade unionists. He agreed that the significant allocation for trade unionists showed that this was a highly vulnerable group. He emphasized that these violent acts are used to convey a message to the trade unions and to society as a whole. According to his opinion, trade unionists are targeted, as are also other human rights defenders, because of the impact that any violent act against one of these agents would have on society in general and the threat it would convey.
High Commissioner for Peace
1. 33 General Eduardo Antonio Herrera, Darío Mejía Guzmán and Roberto Moro, from the Office of the High Commissioner for Peace, a governmental institution, referred in particular to the demobilization programmes. They emphasized the need to urgently cease hostilities and that every armed illegal group was being pushed to demobilize. They stated that the Government was currently facing a crisis with the AUC in their demobilization process, concerning the implementation of the Law on Justice and Peace but if they managed to get out of this crisis, by the end of 2005, 51 per cent of the AUC would have abandoned their arms.
2. 34 Concerning the Law on Justice and Peace, they considered it to be a useful instrument to reduce violence, with adequate sanctions and some judicial benefits as incentives to those who choose to demobilize. The big challenge for the future would be the reincorporation of the demobilized groups to a productive and peaceful personal and professional life.
3. 35 With respect to trade unions, the High Commissioner admitted that they had indeed been a specific target for the armed illegal groups. Notwithstanding, the situation was very complicated, because in each different case they might be victims of the paramilitaries or of the guerrillas and sometimes of both at varying times. They further referred to trade union links with the guerrillas and, in exceptional cases, with the paramilitaries and stressed the commitment for peace made by the current trade union leaders of the three trade union centrals.
4. 36 They also admitted that there had been links between employers in certain districts and the paramilitaries. Finally, it was recalled that a great deal of the activities of the armed groups were limited to drug trafficking.
Visit to the high Colombian courts
1. 37 The members of the visit had the opportunity to meet the four high Colombian courts: the Constitutional Court, the Supreme Court, the Superior Council of the Judicature and the Council of State.
2. 38 The Supreme Court is the highest court of ordinary jurisdiction. The Court itself elects its 23 judges from lists of candidates submitted by the Superior Council of the Judicature. The judges serve for a period of eight years. Members of the Court meet in plenary sessions and in separate chambers to hear appeals in civil, criminal and labour cases. The Supreme Court of Justice acts as an appeal court, but is also competent to investigate and rule on infringements by particular authorities. It also acts as the court of cassation for cases such as those brought before the military courts.
3. 39 The members of the Supreme Court recalled that the right of association and the right to collective bargaining were fundamental rights recognized by the 1991 Constitution, as were Conventions Nos. 87 and 98 themselves. They emphasized their impartiality and stated that their judgements were based on equity and justice. Neither the Government, nor enterprises, or workers’ organizations had any influence on their decisions. They further indicated that, along with trade unionists, judges were also victims of violence.
4. 40 With respect to the registration of trade unions, they indicated that there were very few such cases that actually reach the Supreme Court. In fact, any irregularity in registration should fall under the authority of the Council of State, since it was the highest judicial authority in administrative cases. To their knowledge, however, there was not a generalized refusal to register trade unions if the legal requirements were met. On the contrary, they considered that the registration of trade unions had considerably increased in recent times due to the recent decision of the Constitutional Court allowing the formation of more than one trade union at the enterprise level.
5. 41 Concerning the trade union special immunity (fuero sindical), the judicial procedures did not reach the Supreme Court. In fact, there was no extraordinary recourse of annulment because of the special nature of the right protected and the need to keep this procedure shorter. They also referred to the restructuring processes and remarked that these were allowed under the Constitution and involved the reorganization of public institutions and reduction of personnel in many cases. They underlined that workers should be adequately compensated and that on many occasions they could be hired by other public institutions.
6. 42 Concerning anti-union dismissals, they recalled that workers could be reinstated through the tutela procedure, which was rapid and expeditious. Judges had granted reinstatement to trade union leaders dismissed during the collective bargaining process. Moreover, trade union leaders could also have recourse to the ordinary court proceedings. They further referred to a draft sent to Congress to shorten the judicial procedure concerning labour and social rights
7. 43 The Constitutional Court is the body, within the Colombian judicial system, which has constitutional jurisdiction. The Court’s judges are elected by the Senate for an eight-year term of office under the terms set out by the President, the Supreme Court and the Council of State. The Constitutional Court has a number of functions. It is the competent body responsible for reviewing judgements given by judges on tutela proceedings. It has extended the scope of such proceedings through a body of case law broadening the category of rights, which can be covered by proceedings of this type. The Court has adopted an approach, which allows tutela proceedings in order to protect rights that are related or connected to the “fundamental” rights referred to specifically in article 86 of the Constitution. The Constitutional Court acknowledged the importance of the fundamental ILO Conventions, which have been incorporated into the national legal framework by the Constitution. The justices recalled that their role consisted in the judicial defence of the Constitution. They recognized the current situation of impunity and underlined that it had to be understood within the current situation of armed conflict. They had issued several decisions on the subject, concerning in particular the control of the constitutionality of the penal laws, the rule of law and the right of defence. Not only their individual decisions but also all their constitutional doctrines were binding.
8. 44 They explained that the acción de tutela, provided for in section 86 of the Constitution, allows individuals to seek protection of constitutional rights in the courts. Any individual may present a tutela in order to protect his fundamental constitutional rights when they are affected by some action or omission by the public authority. They consist of a decision upon which the public authority against which the action is taken is compelled to act or to abstain itself from acting. This order must be followed immediately and can be challenged before the competent judicial authority. Eventually the final decision can be adopted by the Constitutional Court. This kind of recourse is only available in those cases in which the individual cannot use other judicial mechanisms or to avoid permanent harm. The tutelas take into account the decisions of the supervisory bodies of the ILO, but to varying degrees.
9. 45 They admitted that trade unionists were targeted victims of the armed groups, together with other specific sectors like journalists, teachers and even priests. They considered that impunity had not been diminished since there were still almost no final convictions for the acts of violence. Impunity only benefited the intellectual authors of the crimes and all those who financed the violent acts. They considered that the impunity was also due to the crisis in the judicial system, which had been unable to face the serious violations of human rights; violent groups controlled vast parts of the territory, where the local authority, the judges and the representatives of the Attorney-General’s office were intimidated, as well as witnesses and victims.
10. 46 Concerning the new accusatory penal system based on oral hearings that, according to the Government would help to improve the situation of impunity, some of the members of the Court recalled that this system would not be applicable to those cases that occurred before January 2005. Besides, it would not operate in vast sectors of the territory due to severe budget restrictions. Moreover, the role of the victims within this new procedure might be considerably reduced since they no longer would be able to intervene in the penal procedure as before. Other members, on the contrary, considered that the new system would help eradicate the impunity.
11. 47 They could not make substantive comments on the recently approved Law on Justice and Peace because they were currently examining some appeals presented in respect of the Law.
12. 48 With respect to labour relations, they admitted that trade union membership was constantly falling and they underlined the essential role of trade unions in restructuring processes. Moreover, they regretted that, although the 1991 Constitution provided for the elaboration of a new labour code, this had not yet been done. The legislation determining the list of essential services had not been approved either, considerably limiting the right to strike since the Labour Code provided a list of essential services that went beyond those, the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Besides, the law regulating the right of collective bargaining in the public sector had not been approved, despite the ratification of Conventions Nos. 151 and 154.
13. 49 One of the functions of the Constitutional Court consisted in introducing the constitutionalism in the judicial decisions of lower-land judges. This meant that the Court had the right to amend judicial errors through tutela. However, some judges had shown resistance to revert sentences through this proceeding. In the case of tutelas against other judicial decisions, the Constitutional Court may issue a compliance order, even to the Labour Chamber of the Supreme Court, and also may charge the responsible judge with contempt of court. Finally, they underlined that the existence of the right to constitute trade unions enjoyed constitutional rank, which meant that any violation of this right could be the object of a tutela.
14. 50 The Superior Council of the Judicature is another institution created by the 1991 Constitution. It is divided into the Administrative Division and the Disciplinary Jurisdictional Division. The former consists of six judges, two of whom are elected by the Supreme Court, one by the Constitutional Court and three by the Council of State. The Disciplinary Jurisdictional Division comprises seven magistrates elected by Congress. The Superior Council of the Judicature fulfils many administrative and institutional functions connected with the courts and the administration of justice. For example, it draws up lists of candidates for appointment to the judiciary, rectifies errors committed by members of the judiciary or the legal profession in the exercise of their profession, monitors the activities of law practices and drafts the proposed budget for the judicial branch. The Superior Council of the Judicature is empowered to resolve disputes concerning the powers of different jurisdictions. This function becomes important in cases pertaining to human rights when the Superior Council is required to decide whether a case comes under the jurisdiction of the ordinary courts or the military courts.
15. 51 They explained that it was created by the 1991 Constitution to ensure a true independence of the judiciary. However, it was in 1996, when Act No. 270 on the administration of justice was approved, that they began to work with the appropriate legislative instrument. They recognized that the judicial system was overwhelmed with work and in order to cope with this situation they requested further resources from the Government. They were currently facing a 30 per cent budget deficit. This economic aspect had a negative impact on the judicial administration and could be one explanation for judicial delay and impunity.
16. 52 They expressed their will to accelerate the current reforms in the system, in particular the implementation of the oral labour proceedings. They recalled that these proceedings were already provided for in the Labour Code of 1950 but they had never been implemented.
17. 53 Concerning the administrative proceedings that deal with all the conflicts between the State and individuals, they recognized that currently there was a serious problem of work overload that involved important delays in the administration of justice. In order to solve this situation they were planning to create a new stage in the administrative procedure. Up until now there were only two, the administrative tribunals and the Council of State. The proposal consists of creating a first stage before the administrative tribunals. The delay in the administration of justice in the Council of State had forced citizens to use tutelas before the Constitutional Court, as a more rapid and priority procedure.
18. 54 They underlined that the judicial authorities had increased their references to ILO Conventions and emphasized the important role of training of judges on the subject, in particular with reference to the fundamental ILO Conventions.
19. 55 The Council of State is the highest jurisdictional authority in matters relating to administrative disputes. It also acts as the Government’s advisory body on matters of administrative law. Twenty-seven judges are elected to serve on the Council of State from lists of candidates submitted by the Superior Council of the Judicature. The judges serve for a period of eight years.
20. 56 The Council of State recalled their role of consulting and providing technical assistance to the Government on those subjects chosen by the Government. They had already been consulted on the Law on Justice and Peace and on many restructuring processes, in particular on the constitutional power of the State to carry out restructuring. The opinions of the Council of State, however, were not binding. The Council of State was also the final authority in reviewing administrative decisions. The Council of State also examined the constitutionality of decrees and the legality of arbitrations.
21. 57 Concerning impunity, they emphasized that there was no State policy against trade unionists and that violence affected many sectors in society. Moreover they were not competent in the penal cases.
Visit to the Attorney-General
1. 58 The Office of the Attorney-General [1] comprises the Attorney-General, Mr. Mario Germán Iguarán Arana, delegate attorneys and other officials. The Attorney-General is elected by the Supreme Court of Justice from a list of candidates submitted by the President for a four-year term of office. The Attorney-General is part of the judicial branch and enjoys administrative and financial autonomy.
2. 59 The Office of the Attorney-General is empowered to adopt measures, either acting on its own initiative or following complaints, to investigate offences and charge suspects before the competent courts and tribunals within the ordinary and regional courts. This does not apply in the case of offences, which come under the jurisdiction of the military courts.
3. 60 Within the Attorney-General’s office there are a number of bodies that work closely on human rights cases. The Human Rights Unit is responsible for formulating charges before regional courts, in particular important cases of human rights violations. There is also a special unit that deals with all the acts of violence against trade unionists. Intervention of this unit is only possible where the status of the trade unionist as such has been proved. The Ministry of Labour gathers all the relevant information and transmits it to the special unit.
4. 61 Referring to the question of impunity, the Attorney-General and other assistants stated that both state agents and society in general were undergoing a process of awareness raising about the current situation of trade unionists with a view to creating a new more tolerant environment. Within the Office of the Attorney-General, special investigative units had recently been created to deal specifically with all acts of violence committed against trade unionists. It was therefore necessary that the victims be identified as trade unionists in order to send the case to this unit. The Attorney-General’s office works in collaboration with the Human Rights Unit of the Ministry of Social Protection in order to determine whether or not the victims are trade unionists. The collaboration from trade unions is also essential. In fact many cases do not go beyond the preliminary stage due to lack of information provided by the trade unions, to which the victims were affiliated.
5. 62 Out of 1,600 denunciations, 1,000 cases of acts of violence have already been identified.
6. 63 Two penal systems now coexist in Colombia. The mixed penal system and the accusatory one. The first and oldest one is based on Act No. 600 of 2000. Within this scheme the penal procedure is divided into three stages, the prior investigation, the instruction or preliminary investigation and the judgement. During the prior investigation, the attorney responsible has to determine whether the crime purportedly committed has actually occurred and whether it is a violation of one of the provisions of the Penal Code. The period for collection of proof lasts six months, after which the attorney has to decide whether to preclude the investigation or to open the preliminary investigation. During the preliminary investigation, the attorney has to determine those presumed responsible for the punishable conduct, their antecedents, social condition and motive. The attorney has 24 months for this stage, after which, he or she must accuse or close the investigation. If the accused is detained, the attorney has to decide within 180 days if detention should continue. However, despite the time limits imposed by the penal law, in practice it is difficult to respect them. During the judgement stage, the attorney may present additional evidence. If the accused admits responsibility, the judge may dictate an anticipated sentence. Normal procedures should last a year, but in practice the whole procedure takes more time. One of the main characteristics of this procedure is that the judge only takes part in the final stage. In the preliminary stages, the attorney decides on the collection of evidence and the detention of suspects without the intervention of the judicial authority.
7. 64 In the new accusatory system, the judicial authority is present throughout the whole procedure. The preliminary stage is similar to the mixed procedure, however, while the mixed system lasted six months, the accusatory system has no time limit for this stage (the only time limit being prescription). The main characteristics of this procedure are that any decision of the attorney is examined and checked by the judicial authority and that every stage is carried out in oral hearings. If the attorney has decided to arrest a suspect, the judge has to decide within 24 hours whether there are sufficient motives to maintain the detention. During the instruction stage, if the accused admits responsibility, the procedure is shortened. The fact that the procedure is oral helps to solve the cases more effectively and quickly. This can be an important element for reducing impunity.
8. 65 Both systems currently coexist. At present, the new procedure is only applicable in four districts and the objective is to extend its application so that by 2009 all districts will have adopted it. However, it should be borne in mind that the new accusatory system will be applied only to those crimes committed after 1 January 2005. This implies that, in practice, despite the generalized application of the new system all over the Colombian territory, both systems will continue to coexist beyond 2009, as long as those cases that originated before 2005 have not been closed.
9. 66 The role of witnesses during the whole procedure is essential. However, in the vast majority of cases they do not intervene because they are afraid of the consequences for themselves and their families. A special protection system for those witnesses who have collaborated in the elucidation of cases is of crucial importance, and therefore adequate human and financial resources should be allocated.
10. 67 As regards Case No. 1787 in particular, the Attorney-General and his assistants were clearly well aware of the conclusions and recommendations of the Committee on Freedom of Association. The Attorney-General and his assistants expressed their commitment to identify the cases and carry out the necessary investigations. The Attorney-General further offered to have direct communication with the International Labour Office in order to find the adequate mechanisms to elucidate all the cases dealt with in Case No. 1787 and to punish those responsible. They informed the members of the visit that there were currently 1,155 investigations of cases of violence against trade unionists in the Office of the Attorney-General and its delegate offices, of which 1,038 were at the stage of prior investigation, 64 at the stage of the instruction or preliminary investigation and only 53 were in the judgement stage. These 1,155 investigations concern: 559 homicides, 405 threats, 31 forced disappearances, 20 cases of rebellion, 38 kidnappings, 26 attempted murders, and 76 other punishable acts.
11. 68 Of these 1,155 cases, 43 had been identified to be given priority, of which charges were brought in 13 cases, two cases had been closed, 13 cases ended in condemnations, there were three cases in which the investigation ended at the initial stage, and in one case the suspect was absolved.
12. 69 They noted that there had been a considerable reduction of the cases of violence against trade unionists denounced. The homicide rate peaked in 2002, with 139 cases and there has been a considerable decrease since then: 81 cases in 2003, 78 in 2004 and 15 in 2005. It should be borne in mind, however, that these 15 cases refer only to those homicides in which the trade union status of the victim has been proven. In fact, there are currently 37 alleged cases of homicide of trade unionists where the identification of their role as trade unionist is being confirmed. Those that are not taken into account by the Office of the Attorney-General are being examined by the Human Rights Unit of the Ministry of Social Protection to determine whether the victims were trade unionists or not.
13. 70 Taking into consideration the cases which have occurred between 2002 and 2005, there have been four condemnations, 131 cases in the preliminary stage for the collection of proof, 17 cases where charges have been brought, 36 cases of preventive detentions, five investigations have been closed, 19 suspended, and in 99 cases the investigation did not go beyond the preliminary stage.
14. 71 According to the Attorney-General, the fact that a great number of cases end at the preliminary stage was due to a number of causes: the lack of witnesses or their fear of negative consequences if they collaborated; the difficulty to send investigators to the crime scene due to the geographic or the armed conflict in the area; problems in identifying those responsible within an armed group; delays in receiving the information requested from trade unions.
15. 72 The Office of the Attorney-General, with the collaboration of the ILO Regional Office had organized several seminars for judges, police and members of the Administrative Security Department (DAS) to evaluate the issues raised in Case No. 1787 in particular. They felt it important to point out that the participants had concluded that there was a decrease in the number of victims and that many of them were not trade unionists or that the reason for the violence was not related to their trade union activities.
16. 73 Finally, the Attorney-General and his assistants expressed their commitment to the creation of an environment where human rights are respected, to reduce human rights violations, to develop joint action with other institutions in order to eliminate impunity and to speed up investigations for rapid and effective administration of justice.
Visit to the Procurator-General [2]
1. 74 The Constitution also establishes “supervisory bodies” which do not come under any of the three main branches of government. These bodies are the Public Ministry and the Office of the Comptroller-General of the Republic. The Comptroller-General supervises the administration of public funds. The Public Ministry is responsible for analyzing the human rights situation in Colombia. The head of the Public Ministry is the Procurator-General (Procurador General), elected by the Senate for a period of four years from a list of candidates submitted by the President, the Supreme Court and the Council of State. The Procurator-General and his representatives have a wide range of responsibilities including the protection of human rights and the defence of the Constitution and laws of Colombia. The work of the Public Ministry and the Procurator-General is divided between the Procurator-General’s office and that of the Ombudsman. The Office of the Procurator-General is responsible for carrying out disciplinary inquiries and imposing sanctions on agents of the State, whether civilians or members of the armed forces. It has the power, for example, to investigate human rights violations and where necessary to order the discharge of members of the armed forces, the national police or any other body responsible for such violations.
2. 75 The Procurator-General’s office may also intervene in judicial or administrative proceedings, including those in the military courts, where this is necessary to ensure that human rights are respected. In practice, this allows the office to request charges to be brought against additional individuals in criminal cases, to request the initiation or closure of investigations, formulation of charges, etc., under ordinary or military criminal law. The Office of the Procurator-General is empowered to carry out investigations and impose disciplinary sanctions on judicial bodies that are found to have acted inappropriately in the course of criminal proceedings, either in the ordinary courts or the military courts.
3. 76 The Deputy Procurator-General, Carlos Arturo Gómez Pavajeau, and other procurators stated that the violence against trade unionists had to be understood within the framework of generalized violence that prevails in the country. In fact, the current violent situation conspired against the right of freedom of association. Trade unionists had been stigmatized and in some cases identified with the guerrilla movements. However, he underlined that they were victims of violence coming from both the paramilitaries and the guerrillas. In fact, trade unionists have been one of the groups that has most suffered from the violence. Unfortunately, the State did not understand this situation in time. Many efforts were currently being made to reverse this situation, but they are still insufficient. It was necessary to raise awareness within the State about the essential role of trade unionists.
4. 77 Notwithstanding the lack of sufficient evidence of the existence of a state policy to undermine the trade unions, he considered the involvement of some state agents in the violent acts against trade unionists to be undeniable. There were some cases of trade unionists being blacklisted in some public enterprises in the framework of secret plans to eliminate those trade unionists supposed to be members of the guerrilla. These operations were often carried out by isolated members of intelligence services, or other similar state agents. One operation involving state agents in Cali has been dismantled, which has had a dissuasive effect on other cases discovered in Medellín; the Office of the Procurator-General has ordered that effective protection to those threatened be granted.
5. 78 Another function of the Office of the Procurator-General consists of analyzing state policies and checking their compatibility with freedom of association. It is a preventive role of defence of human rights in the public administration for which they are the disciplinary authority. A special unit within the Office of the Procurator-General has been created to deal with all those cases concerning violations of human rights allegedly committed by state agents. Moreover, they may issue non-binding opinions in all those judicial processes where a state agent is involved. The Procurator-General has also initiated the legislative procedure for the adoption of the new penal system. The Office of the Procurator-General is also in charge of examining the protection programmes run by other public institutions, like the CRER, that is under the scope of the Defence Ministry. The members of the Office regretted that most protection programmes were only financed by international sources thus making the continued existence of these programmes more vulnerable. They believed that these programmes should be financed by the Government on a regular basis.
6. 79 They further referred to the displaced people and the serious situation which they had to face, in particular to find new jobs. The armed illegal groups that are currently demobilizing will face a similar situation. Indeed, they expressed their worry about the fact that some demobilized people worked for security service companies, thus permitting the maintenance of paramilitary structures.
7. 80 Apart from all the violent acts against trade unionists there are many other unfavourable situations that go against freedom of association. Indeed, in the case of trade union registration, they noted that on many occasions registration was denied for reasons that were not provided for in the legislation. They further referred to the unlawful use of some types of contracts, such as cooperatives, by some employers both in the public and the private sector to evade their social responsibilities and to create union free workplaces. They welcomed the possibility of some form of technical assistance to help cope with this situation. In their opinion the Ministry of Social Protection was the competent authority to issue the appropriate rules to control the situation.
8. 81 As regards collective bargaining, the Office of the Procurator-General noted a current practice that obliged the parties to negotiate collectively and to submit any subsequent conflict to binding arbitration tribunals. They considered that the workers had the right to withdraw their petitions in those cases in which they feared that the arbitration might undermine the benefits they had obtained in past negotiations and that workers have the right to withdraw from negotiations any time they feel that the appropriate conditions are not met. They also referred to a recent practice called “resort negotiations” that consisted of negotiations carried out in hotels or closed places where workers were intimidated and forced to resign or to accept worse working conditions. These mechanisms had sometimes been used in restructuring processes.
9. 82 As for collective bargaining in the public sector, the Procurator-General did not consider there to be a constitutional limitation to this right. Following the ratification of Convention No. 151 the appropriate regulation of the right of collective bargaining for civil servants should be elaborated. The Office of the Procurator-General had already issued a favourable opinion on the subject in a case pending before the Constitutional Court. Concerning the right to strike in essential services, they recalled that the Constitutional Court had given admonitory decisions to constrain Congress to legislate on the subject.
10. 83 The Office of the Procurator-General, in collaboration with the ILO Regional Office, has already organized some seminars on fundamental ILO principles and rights and Conventions Nos. 87 and 98. They believed these seminars were essential in the prevention of violence against trade unions.
Visit to Congress
1. 84 The legislature comprises the Senate and the House of Representatives, which together form the Colombian Congress. The basic function of Congress is to amend the Constitution, adopt laws and exercise political control of the Government. All its members are elected directly by the people for a period of four years. The members of the Senate are elected at national level, while the members of the House of Representatives are elected by district. Two benches are reserved in the Senate for representatives of indigenous communities. Both the Senate and the House of Representatives have their own human rights commissions.
2. 85 The members of the visit held meetings with some representatives from the Senate, in particular the Seventh Commission on Labour Law of the Senate, and the House of Representatives.
3. 86 The congressional members referred to the labour reform and indicated that it was inspired by the concept of social protection, which explained the transformation of the Ministry of Labour into the Ministry of Social Protection. Concerning the Civil Servants Act, they stated that it was the result of consensus and that it provided for worker stability. They also referred to the Colombian family subsidy system, a private 51-year-old institution, as a good example of coordination between workers and employers. In addition, Congress had recently approved a law on harassment in the workplace, which was the first instrument of the kind in Latin America.
4. 87 They regretted that cooperatives were being used in an inappropriate way and indicated that a new draft, restricting the use of cooperatives, was being examined. Concerning the reform of the pensions system, they indicated that it had involved a reform of the national Constitution and that the Constitutional Court was currently examining the issue.
5. 88 They emphasized the active participation of citizens in their sessions, in particular that of the trade unions. They recalled the great importance of the SENA and the training work this institution carried out.
6. 89 On the right of collective bargaining in the public sector, they expressed their concern about the economic responsibility of the State if this right were to be recognized. They further referred to the restructuring processes in many public enterprises as a consequence of the high labour costs, originating particularly in the pension obligations, and emphasized the importance of the survival of these enterprises. They indicated that the Government had asked for legislative authorization to proceed to restructure many of them, and that this was granted on the condition that the rights of the workers would be respected.
Visit to two public enterprises in Paipa
1. 90 The members of the visit were invited by the Government to Paipa where they had the opportunity to visit two public enterprises: the steel mill, Acerías Paz del Río, and the electricity company, GENSA S.A. According to the Government, these enterprises represented constructive examples of how serious economic and financial crises could be overcome thanks to significant efforts on the part of the employers and the workers. In the case of Acerías Paz del Río, the members visited the premises. The president of the enterprise explained the important role of Acerías Paz del Río in the region, with almost 500,000 persons depending directly or indirectly on it. Moreover, a great number of the workers’ families lived on the enterprise premises. The enterprise had been confronted with two important crises, during which the workers accepted to buy shares in the company and to go without wages for several months. The members met with the president of the union at the steel mill who, while indicating his relief at the fact that, through these efforts, the mill was still functioning, also expressed his concern about the long-term capacity of the mill and the future of the workers.
2. 91 In the GENSA premises, a meeting was held with the enterprise management and some representatives from the trade union, as well as another trade union from Bucaramanga. They explained that a union contract had recently been offered to these unions as a way of both saving the company from bankruptcy and permitting the union to play an important role in determining the maintenance of union labour. Both the enterprise and the trade union still appeared unclear, however, as to certain aspects of the contract itself, in particular with respect to the question of legal responsibility. The members of the trade union explained that the union contract was a solution to the difficult economic situation the enterprise was going through and that they had decided to subscribe to it in order to avoid a massive dismissal of workers and the corresponding negative repercussions on the trade union. On the other hand, they did express their concerns as to whether this could truly be a long-term solution.
Public enterprise management
1. 92 Within the framework of the meetings held with the Ministry of Social Protection, the members of the visit had the opportunity to hear presentations from the management of some public enterprises named in some of the cases pending before the Committee on Freedom of Association: ECOPETROL, EMCALI, BANCAFE and TELECOM. There was also a presentation from the person in charge of the Programme for the Reform of the Public Administration (PRAP). By way of a general introduction, the Minister of Social Protection explained that, in light of the high level of poverty, 52 per cent, the State could no longer finance enterprises that were not viable. It was important for the economy to be boosted by the private sector, while honouring relevant recommendations coming from the ILO. The enterprises provided general background information to their recent and current situations, but were told (as well as the unions that wanted to present additional information concerning those enterprises) that any information they wished to be specifically taken into account in the consideration of outstanding complaints should be transmitted directly to the Committee on Freedom of Association.
2. 93 The president of ECOPETROL, Mr. Isaac Yanovich, explained that the company was the largest in the country, and the only one to process crude and refined oil, making the entire country dependent on its services. This meant that if the service were affected by a strike, all the petrol needed for the domestic market would have to be imported. However, the country does not have sufficient transportation facilities or available ports for such significant imports.
3. 94 On the restructuring of the public administration generally, the representative of the PRAP explained that there was a need to move towards a managerial, austere and productive State. Seventy per cent of the budget was devoted to administration and this figure should be significantly reduced, thus eliminating unnecessary bureaucracy. When reducing personnel, special efforts were made not to impact upon female heads of household, disabled and those near retirement. Unoccupied posts following retirement could be eliminated. Thirty-five state enterprises had gone into liquidation, yet measures were taken to ensure the labour stability of those with trade union immunity, amounting to some 900 workers. He emphasized that, while they may not totally agree on all issues, it was clearly essential that these plans for restructuring be discussed and reviewed with the unions concerned.
4. 95 The representative of EMCALI gave a general presentation on the circumstances in the enterprise and added that all problems have now been surmounted. The person responsible for the liquidation of TELECOM referred to the constitution of cooperatives that could use the assets of the liquidated company. Finally, the labour dispute coordinator of BANCAFE referred to the privatization process and indicated that costs were too high and the unions too inflexible so they had no choice but to privatize.
V. Meetings held with the trade unions
1. 96 The workers were able to present the issues that according to them were undermining the work and existence of trade unions during the two meetings held between the members of the visit and the three confederations (the CUT, the CGT and the CTC) and many of their affiliates. On this occasion, the presidents of the three centrals, Mr. Carlos Rodríguez Díaz from the CUT, Mr. Julio Roberto Gómez Esguerra from the CGT and Mr. Apecides Alvis Fernández from the CTC, gave presentations showing the situation of trade unions and trade union leaders in the country. Besides, over 50 other presentations from trade union affiliates were also submitted.
2. 97 In these presentations, the unions referred to the acts of violence committed against trade union leaders and affiliates as well as trade union premises, some legislative aspects and many problems respecting trade unions rights in practice. Referring to impunity, they mentioned that in 2005, 38 workers affiliated to the CUT had been murdered, five of whom were trade union leaders and two CGT affiliates were murdered. Besides, they referred to the serious situation of impunity concerning the acts of violence against these leaders and members and they estimated it at a level of 99, 44 per cent. Many organizations present described the daily situation they had to face in their enterprises and the different attacks they had suffered. They particularly emphasized the current process of stigmatization on the part of some government representatives and enterprise directions of which they have been victims, which further transforms them into the target of violent groups.
3. 98 They further referred to a recent secret plan to eliminate the leaders of one of the unions, orchestrated by ex-members of the army, in collusion with the public enterprise, which was currently being examined by the judicial authority. According to information available to them, these agents had available to them personal information, such as movements, family names and routines, car number plates, cellphone numbers, etc.
4. 99 Concerning the legal provisions they referred to:
n section 55 of Law No. 50 of 1990 that impedes the unions from establishing subdirectives and union committees (in fact, section 55 refers to the establishment of them, but they have to have at least 25 members in the district to form a subdirective);
n Law No. 584 of 2000 forbids the exercise of any activity by a union until its registration is published in a nationwide journal;
n Law No. 79 of 1989 regulating the associated work cooperatives. There has lately been an excessive use of cooperatives to change the worker into an associate and deny him his trade union rights;
n Legislative Act No. 1 of 2005 reforms the Constitution on the pensions issue so as to eliminate the possibility of bargaining collectively beyond the budget restrictions already established;
n the lack of regulation concerning collective bargaining in the public sector despite the ratification of Conventions Nos. 151 and 154 in 2000 resulted in the denial of the right to collective bargaining rights to public employees.
1. 100 As regards the different practices that, according to the unions, undermine the work and the existence of trade unions, they referred to several problems, including the recourse to different forms of civil and commercial contracts, current utilization of the trade union contract, restructuring processes, problems of registration, anti-union dismissals and problems of collective bargaining.
2. 101 They emphasized that enterprises had recourse to different legal forms, which altered the traditional labour relationship. Commercial and civil contracts were often used to hire employees; subcontractors or temporary work agencies were used to provide workers to enterprises for work that could be considered part of the normal activities of the enterprise. Before that, such recourse would often follow a pattern where the regular workers of the enterprise were, first, only to be replaced by contractual workers deprived of their freedom of association rights as well as other benefits, such as social security. On many occasions, the same workers that were dismissed are rehired to do the same job but under these different modalities and without the rights normally incumbent to the employment relationship. The new use of union contracts (sections 482 to 484 of the Labour Code) was also rejected by the unions.
3. 102 The unions also denounced the common practice of, under the guise of enterprise and state organ restructuring, dismissing all workers for economic reasons, closing the institution and then reopening it with another name. Workers would often be rehired but with other working conditions and rights similar to those mentioned previously. The existing collective agreement is made redundant and trade unions are generally not consulted in these processes. In fact, in the whole process of restructuring the employer addresses the workers directly offering some compensated retirement plans, sometimes through individual negotiation with each worker after an open and public offer or following, different kinds of pressure on workers to accept this compensation. The means of pressure vary from acts, such as taking all workers to hotels, far from their union’s protection, where they are confined until they sign their acceptance, to threats and offers of inexistent benefits. Despite the special trade union immunity (fuero sindical) that benefits trade union leaders, on many occasions they are also dismissed. After the collective dismissals, trade unions cease to exist due to lack of members and because in the new institutions, following the new forms of contract, workers are once more not allowed to unionize.
4. 103 While all collective dismissals have to be approved by the Ministry of Social Protection upon economic studies presented by the employers, unions complain of not having access to this economic information, which makes the defence of workers’ rights very difficult. The numerous presentations on this issue showed that this situation was widespread throughout the country. All sectors, private and public, are affected. In the public sector, workers referred to hospitals, petrol sector, banking sector, television and telecommunication sectors and public administration at the national and district levels.
5. 104 Complaints were also made of the militarization of enterprises and institutions. On many occasions, when there is a labour dispute in an enterprise, private or public, the direction of the enterprise decides to send the army in. This means that no workers are allowed in or out of the enterprise and the public force is established on the premises. Workers who are in the enterprise are taken out by force. This method has also been used in some restructuring processes.
6. 105 According to the unions, registration of trade unions, of statute modifications or new executive committees is frequently challenged by the enterprise or denied by the Registrar on a variety of grounds. In addition, in the process of restructuring, any registration of a new trade union or a new commission is denied.
7. 106 Trade union leaders that enjoy a special protection (fuero sindical) are fired and not reinstated. Ordinary judicial procedures are too long and the special rapid procedure of the tutela does not always recognize their right to rapid reinstatement, which means they have to wait until the ordinary procedure is finished.
8. 107 Concerning collective bargaining, workers referred particularly to the current tendency of enterprises to celebrate non-union collective accords instead of bargaining collectively. These non-union collective accords are provided for in the Labour Code. Section 481 provides that these accords may be concluded between employers and non-unionized workers and are applicable only to those workers that have signed them or adhere to them thereafter. This section further establishes the prohibition to conclude this kind of accord if the trade union existing in the enterprise covers more than a third of the workers. According to the unions, this type of accord undermines the position of trade unions to bargain collectively. In fact, they denounce some practices of many enterprises that convince workers to withdraw from the union so as to sign the accord. Once the trade union membership has fallen below one-third of the enterprise workers, non-union collective accords with non-unionized workers may be concluded. Moreover, according to the statements made, despite the fact that in principle the benefits accorded in collective accords should not be more advantageous than those of the collective agreements, this is not always the case.
9. 108 In 2004, 434 collective agreements covered 62,777 workers, whereas 192 collective non-union accords covered 40,066 non-unionized workers.
10. 109 Workers also referred to the refusal of employers to bargain collectively once the period of direct solution has elapsed. In fact, according to the workers, after they have presented their demands to the employer and, once the 20-day period established by the Labour Code (section 432) to negotiate directly is over, the employers refuse to negotiate and refer the matter to arbitration. The arbitration tribunals are composed of three members, one from the employers, one from the government and one from the workers. The unions consider that in many cases the employer and the government arbitrators work in collusion, thus undermining the position of the worker arbitrator. This means that the final arbitration will not maintain many of the benefits already acquired by workers in past negotiations. For this reason, it is common for workers to opt to withdraw their demands, after the period of direct negotiations. Moreover, workers complained of the fact that currently, after they presented their list of demands, the employers made a counter presentation setting out all the points they wanted to modify from the collective agreement in force. Finally, the unions felt that, in any event, collective agreements were often not respected.
11. 110 The unions also referred to the prohibition of the right to strike in essential services and the fact that the definition of such services was too broad, including the petroleum services, the bank services, and the administrative sector of health services. In addition, the Minister of Social Protection has the faculty to declare a strike illegal.
12. 111 Under section 430, strikes are not permitted in public services (those services provided for the community on a regular basis to satisfy basic necessities of the population). The following are considered public services: all the public sector, telecommunications, transport, hospitals, social and charity institutions, petrol and cleaning and hygiene of the city. Moreover, federations and confederations may not have recourse to strike (section 417). In case of a strike declared in these public services, the Minister of Social Protection may declare them illegal, which involves the possibility of dismissal of those workers having taken part in the strike. This has been the case in recent strikes in the petrol and bank sector, where there have been collective dismissals following a strike. The unions further referred to the fact that the Minister of Social Protection may issue a back-to-work order after 60 days of strike and call for compulsory arbitration.
13. 112 The leaders and members of the Unión Sindical Obrera (USO) requested to make a special petition to the members of the high-level visit and referred to the dismissal of workers that had participated in a strike in the petroleum enterprise, ECOPETROL, allegations that are currently being examined by the Committee on Freedom of Association. The workers’ trade union of the municipal enterprises of Cali (SINTRAEMCALI) and the workers of BANCAFE also raised concerns about the ongoing situation in their companies. Taking into account that all these issues are pending before the Committee on Freedom of Association, the trade unions were informed that such information would have to be sent directly to the Committee for its examination.
VI. Meeting with the employers’ organization, ANDI, and some of its affiliates
1. 113 The visit had also the opportunity to meet twice with the employers’ organization, ANDI, its president, Mr. Alberto Villegas, and the vice-president for legal and social affairs, Mr. Alberto Echavarría Saldarriaga, as well as with many of its affiliates, who made presentations about the current situation in their enterprises.
2. 114 The president of ANDI referred to the macroeconomic situation and indicated that there was a forecasted growth of 5 per cent for the current year and that non-traditional industrial exports had increased during 2005. Moreover, a decrease of the unemployment rate to a one-digit figure was expected for the end of the year.
3. 115 Concerning the security issue, he indicated that the general perception was that currently the level of security was much greater due to the success of the Democratic Security Programme. The number of homicides had significantly decreased, as had the instances of kidnapping, including extortion kidnappings. He emphasized ANDI’s strong commitment to democracy and democratic institutions. ANDI had always supported the peace process and thus also supported the new Law on Justice and Peace, which they felt would restore rights and dignity to the Colombian people. Moreover, the Law contained provisions on reparation for victims, which the members of ANDI considered to be crucial. He underlined the need to re-educate the demobilized into civil life and to ensure their constructive reinsertion into work. In this respect, he indicated that a large percentage of the leadership of the United Self-defence Forces of Colombia (AUC) were very close to drug traffickers, while the thousands of rank and file were simply recruited kids, who clearly needed to find a productive role in society once they had given up their arms. Yet, at present, the Government’s resources were insufficient to ensure the full and proper functioning of the demobilization process. ANDI would like to actively participate in assisting those suffering from violence out of this situation and requested ILO assistance for training and rehabilitation of the demobilized.
4. 116 He emphasized that there was no hostility towards trade unions and underlined the existence of a good relationship with the current trade union leaders and many trade unionists. When asked about his opinion on the militarization of some enterprises he indicated that, nowadays, such measures were not used.
5. 117 Concerning collective bargaining, he regretted that it was not possible to have bilateral negotiations between employers and workers at the national level. He pointed out that negotiations were always tripartite, which made it very difficult to reach agreements due to the fact that the trade unions linked the results in private sector negotiations first to the success of negotiations in the public sector. This was mostly due to the fact that the majority of trade unionists came from the public sector. He emphasized the need to build a common agenda between workers and employers and stressed the importance of dialogue.
6. 118 He further referred to the misuse of some specific contractual situations, such as recourse to cooperatives, and indicated that Congress was currently considering how to control this situation. With respect to non-union collective accords he stated that they were provided for in the Labour Code and that they constituted good competition for the trade unions. He further stated that they were allowed only in those cases in which the trade union represented less than 30 per cent of the workforce and that the terms agreed to could not be superior to those set out in an already existing collective agreement. For ANDI, these non-union collective accords upheld the principle that trade union membership was not compulsory and non-union workers could also be covered by collective accords. He added that in many cases workers preferred to be covered by these non-union accords. One condition however was that they must not be a trade union member and, if they were, they would have to resign from the union. Moreover, those who have signed a non-union collective accord are not allowed go on strike. ANDI considered that, if workers under such conditions opted for a collective accord, then the union was clearly not doing its job effectively. In addition, they did not believe that any pressure was placed on workers to sign collective accords and leave their union.
7. 119 Several representatives from different enterprises gave presentations on past and current labour relations in their workplaces (see list attached). Some of them referred to the non-union collective accords in force in their company, others indicated that workers were not unionized. Some companies admitted having recourse to cooperatives or other forms of outsourcing for the main activities of the enterprise and others spoke of the necessary restructuring process that their enterprises had undergone. Labour relations with trade unions were, according to some enterprises, very conflictual and in some cases trade union membership was insignificant. Certain enterprises indicated their desire for assistance in dispute resolution and training of their managers and the unions with the aim of improving labour relations.
8. 120 Other representatives indicated that they had a long-standing history of collective bargaining within their enterprises, had signed many collective agreements and considered the union or unions in their enterprises to be an essential component in the success of their operations and a constructive element to harmonious industrial relations. Reference was also made to the use of codes of conduct and good governance codes within the enterprises.
9. 121 In reply to questions related to the security concerns within their enterprise, some referred to specific measures of protection provided to union leaders, including armoured facilities and premises, cellphones, etc., while other employers stated that there was no need for such protection, which only existed in the movies.
10. 122 Many enterprises regretted that trade unions used the complaints procedure before the Committee on Freedom of Association as if it was equivalent to the national “tutelas” without trying first to address the difficulties at home. They underlined the need for training, as well as the importance of holding regular meetings of the Special Committee for the Handling of Conflicts Referred to the ILO, which up until now had met only once, to adopt its rules of procedure in 2002. In addition, ANDI hoped that the Government would more effectively consult with them in replying to complaints concerning specific enterprises so that the Committee on Freedom of Association could have more complete information available to it.
11. 123 ANDI also provided a presentation on the Family Compensation Fund (Cajas de Compensación Familiar), which it had helped to create in 1954, as well as a presentation of its view on corporate social responsibility in Colombia. ANDI showed the main areas of investment of the 2 per cent of sales that were dedicated to corporate social responsibility, including education, training, health, housing, environment, justice and peace. In 2004, there had been a total investment of US$140 million providing benefits to 1,572,123 persons. The results of a survey they had undertaken demonstrated that an overwhelming majority of companies favoured establishing codes of conduct and corporate governance codes.
12. 124 In conclusion, ANDI agreed that legislation had to be changed on certain issues already highlighted by the ILO supervisory bodies. They recognized that cooperatives were not used properly but underlined at the same time the need for greater flexibility in workplace relations. They also highlighted the need to adopt new legislation on the right to strike, taking into account international practice. They felt it crucial that the national tripartite bodies begin functioning effectively in the very near future and that there was a need to provide for a monthly agenda. They felt that the high-level tripartite visit was a very important step towards facilitating the improvement in labour relations in Colombia and expressed the hope that the technical cooperation provided by the ILO would continue.
VII. Visit to the Director of the office in Colombia of the High Commissioner for Human Rights
1. 125 Mr. Michael Frülhing, the Director of the office in Colombia of the High Commissioner for Human Rights, explained that his mission consisted principally in making a systematic and analytical observation in the country and providing advisory services with regard to human rights. The Office provides technical cooperation structured around the implementation of the High Commissioner’s recommendations and has the task of disseminating information on human rights as widely as possible.
2. 126 Concerning impunity, he referred to the Inter-institutional Committee for the Promotion and Protection of Human Rights of the Workers, which he considered had not yielded much result. In fact, he felt that, although many efforts had been made, there was insufficient political will to have a real impact on the impunity that prevailed. He further stressed that there are groups in the country that are interested in the persistence of impunity.
3. 127 As regards the Law on Justice and Peace, the Director considered that this law did not adequately fulfil the conditions to be a good instrument for transitional justice. Firstly, there was not enough will to clarify what really happened in the country, in respect of the conflict. The Law refers only to the armed groups, without any reference to state responsibility in the armed conflict. The absence of a full picture here nullifies the second aspect of the Law which is justice. There can be no justice if there is not adequate knowledge of the actors and the facts and if the truth is not complete. Finally, the reparation aspect of the Law was not well defined and he queried whether the mechanisms in place could be sufficient to address this aspect. Moreover, one should not forget that the majority of the outstanding acts of violence against trade unionists will not fall under the scope of this Law.
4. 128 The Director further emphasized that the Law needed the full support of the population yet, for the time being, the only ones who were benefiting from it were the paramilitaries. Despite these shortcomings, he is currently working side by side with the Attorney-General in respect of the implementation of the Law.
5. 129 Concerning trade unions and other non-governmental organizations, he stated that in many cases they had been stigmatized in public governmental statements as being linked to the guerrillas. Such accusations had a negative effect on the possibility of exercising of their basic rights, as well as on their security conditions.
VIII. Conclusions
1. 130 The members of the high-level tripartite visit would first like to express their sincere appreciation to the Government of Colombia for the total cooperation it has shown the visit and the great efforts made so that the members would have available to them the fullest and most candid information on the situation of trade union rights in Colombia.
2. 131 While the programme was an intensive one, no effort was spared for the visit to see all the relevant partners in the areas of concern, and at the highest levels, including the President of the country. This has enabled the members of the visit to hear all points of view on the trade union situation in Colombia and to collect full information on the steps being taken by the Government.
3. 132 While noting the detailed information provided by the Government to combat impunity and improve the safety and security of trade union leaders and members, the members of the visit further note the concerns still expressed by several sectors of society including the Procurator-General, the Constitutional Court and the Deputy Minister of Defence, that trade unionists are still targeted by the armed groups and little progress had been made in reducing impunity.
4. 133 The members of the visit welcome the great emphasis placed on the protection of trade union leaders and members. This can be seen in particular in that, of the available funds for protection of members of civil society as a whole, the majority has been allocated to respond specifically to the need for protective measures for trade unionists. The members feel further encouraged by the creation of a special unit within the framework of the unit for the protection of human rights in the Attorney-General’s office dedicated to resolving crimes against trade unionists. Finally, as regards the criminal justice system, the members hope that the recent issuance of decrees providing for oral proceedings will accelerate the process and be a further important tool for combating impunity, although they recognize that these decrees will have no impact upon the numerous cases of violence against trade unionists that have already been brought before the Committee on Freedom of Association as oral proceedings will only be applicable to crimes committed after 1 January 2005.
5. 134 The members of the visit further note the recent Law on Justice and Peace and its stated objectives of facilitating peace and the collective and individual reincorporation to civilian life of the members of the armed unlawful groups, and guaranteeing the rights of the victims to truth, justice and redress. Noting that the appeals before the Constitutional Court concerning this Law are still pending, they also observe that concerns have been raised by certain sectors of Colombian society about the emphasis placed in the Law on the rehabilitation of the paramilitaries and the insufficiency of resources to ensure its adequate implementation in terms of, among others, the investigatory work to be carried out and the need for adequate resources to redress the damages suffered by the victims.
6. 135 The members wish to recall that to combat impunity it is essential that the full truth about the crimes committed be revealed. They, therefore, wish to express their firm hope that the Law, as finally applied, will be complemented by sufficient resources so that its implementation can be fully effective both in determining those responsible, including the intellectual authors of the crime, and in compensating the victims. The members sincerely hope that the implementation of the Law will be truly successful in obtaining its stated objectives of peace and justice and that it will have played an important role in preventing future acts of violence against trade unionists.
7. 136 The members feel that ongoing tripartite dialogue on fundamental human rights and the possible measures for better combating the prevalent impunity, based on all the relevant and up-to-date information, is an essential step and should be accompanied by clear and extensive political will and the provision of the necessary resources. For this reason, they would encourage the Government to rapidly reactivate the Inter-institutional Committee for the Promotion and Protection of Human Rights of the Workers, which it understands includes in its composition the sectors of society affected by the violence emanating from the armed groups.
8. 137 Welcoming the offer made by the Attorney-General to provide the ILO with the real-time data on its efforts to find and punish those responsible for violence against trade unionists, the members firmly hope that the further information provided, in particular within the framework of Case No. 1787, will show a significant reduction, if not the total elimination of acts of violence against trade unionists, as well as a rapid determination and sentencing of those responsible for the acts of violence already committed.
9. 138 Beyond the question of impunity as regards violence against trade unionists, the trade union movement insisted that the climate of violence against trade unionists could only be understood within the context of the laws, policies and practices that it felt seriously undermined trade unionism in the country. Among the issues raised as having a severe impact on freedom of association and collective bargaining were: restructuring of companies to eliminate union representation, the use of cooperatives to disguise employment relationships and avoid unionization; subcontracting and the use of commercial and civil contracts to keep workplaces union free; collective accords and their impact on unions and collective bargaining; the use of the union contract; the denial of collective bargaining for public servants; obstacles to trade union registration; and legal prohibition of the right to call for a strike in services not considered as essential stricto sensu, in many public services that are not essential stricto sensu, as well as for the federations and confederations. The CUT, CGT and CTC insisted that the policies that entail the disrespect of freedom of association and collective bargaining have been carried out in the absence of social dialogue. They also reiterated their concern regarding the merging of two ministries (health and labour) into one (social protection), which they considered tended to weaken the Ministry of Labour rather than strengthen it. In this respect, they also referred to inadequacies in the labour inspection services and the incapacity of these services to fully protect workers’ trade union rights.
10. 139 The members heard of a number of examples of the use of contractual arrangements, such as associated work cooperatives and service, civil or commercial contracts, to disguise employment relationships and the exercise of tasks and duties that are part of the normal activities of the establishment. In particular, they heard of numerous circumstances whereby workers had been fired and new workers hired under a cooperatives contract to do the same work, yet under the existing legislation, without any right to establish or join a union. The members noted, however, that both the Government and ANDI had acknowledged the existence of abuses in the use of these contracts, in particular in respect of cooperatives, and the need to address these real concerns. In that respect, the members note the draft bill pending in Congress aimed at ensuring the proper use of cooperatives and at prohibiting their use as intermediaries or temporary work agencies. While recognizing that cooperatives are one particular way of organizing production methods, the members of the visit consider that they should not be abused so as to restrict the organizational rights of workers. In this context, it is important to take fully into account Article 2 of Convention No. 87, which provides that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing. The members of the visit hope that the legislation contemplated by the Government will ensure that workers in so-called cooperatives, or who are covered by other types of civil or commercial contracts while performing work within the normal activities of the establishment in the context of a relationship of subordination, shall fully enjoy organizational rights as well as all other related freedom of association rights.
11. 140 The members also received information about the current practice of concluding non-union collective accords to the prejudice of collective agreements. The facts on the manner in which non-union collective accords may come into being were agreed to by all, the Government, the employers’ organization, ANDI, and the unions. Under the provisions of the substantive Labour Code, non-union collective accords can only be concluded in cases in which the membership of the trade union organization does not include over one-third of the workers. Once the trade union membership has fallen below one-third of the enterprise workers, non-union collective accords with non-unionized workers may be concluded. Collective accords may not, however, provide for better terms and conditions than those that may have been stipulated in a concluded collective agreement. Any signing of a collective accord automatically results in withdrawal of the worker from the union.
12. 141 According to some trade unions, it is common practice for workers who are members of a trade union to be encouraged by the employer to disaffiliate from it and to sign a collective accord. Such practices may even be carried out when the union has the required one-third membership, thus leading to a reduction in the union’s membership below the minimum requirement and releasing the enterprise from any obligation to conclude a collective agreement. The unions have indicated that, although the benefits accorded in collective accords should not be greater than those provided in existing collective agreements, in practice they are, particularly in light of the absence of any obligation on the employer to conclude a collective agreement in such circumstances.
13. 142 The members of the visit also heard the view of ANDI in respect of collective accords. ANDI felt that collective accords were an important element of competition for trade unions that obliged them to offer real results to their members for their membership to be faithful. They also felt that it was essential to ensure that, in the case of a union that has not reached the one-third requirement for exclusive collective bargaining rights and in the absence of any possibility to conclude a collective agreement with that union, non-unionized workers could be covered by collective accords so as to ensure equal and well-established working conditions. ANDI did not believe that these contracts were used to undermine trade unions, nor did it know of any cases where employers had attempted to lead members away from their unions to sign collective accords.
14. 143 While observing that a minimum requirement for the granting of status as a bargaining agent is a perfectly legitimate means of regulating constructive industrial relations, the members consider that the underlying purpose for which some non-union collective accords are concluded could undermine the effective recognition of the right of collective bargaining. Further, it would appear that individual non-union collective accords are inherently not collective in nature and should therefore not be considered as a substitute for voluntary negotiation between employers or employers’ organizations and workers’ organizations with a view to the regulation of terms and conditions of employment by means of collective agreements. The members believe that ILO technical cooperation could be particularly helpful in resolving these issues, including with respect to the practice of linking the signing of a collective accord with the resignation of trade union membership.
15. 144 The members heard much information about the prohibition of true collective bargaining in the public sector. Currently, public servants may only submit “respectful petitions”. While some sectors of the Government have claimed that this restriction is based on a constitutional limitation, the Deputy Procurator-General did not believe this to be the case and referred to a consultative opinion prepared by his Office for the Constitutional Court on this question. Following the ratification of Conventions Nos. 151 and 154, the Deputy Procurator-General felt that legislation should be elaborated to provide for collective bargaining rights for civil servants. The Ministry of Social Protection, however, felt that, in the light of some decisions from the Constitutional Court and the fact that the public budget depends on legislative approval, the conditions of employment of public servants can only be governed by the law, thus rendering it very difficult to go beyond the current system of respectful petitions. Some of these issues were also raised in the meeting with the members of Congress.
16. 145 Following the ratification of Conventions Nos. 151 and 154, the members hope that the Government will request the technical assistance of the Office so as to be in a position to address this question and ensure the right of public employees to bargain collectively in the very near future.
17. 146 With regard to the newly-utilized “union contracts”, the members observe that these are provided for in the substantive Labour Code and consist of contracts concluded by one or more unions of workers with one or more (employers) or employers’ organizations for the provision of services or the execution of a task by their members. It appears from the terms of section 483 that “the workers’ trade union which has concluded a trade union contract shall be responsible both for the direct obligations arising out of the contract and for compliance with those established for its members, except in cases of the simple suspension of the contract, as envisaged by the law or the agreement, and shall have the legal personality to exercise both the rights and actions which correspond to it directly, as well as those which correspond to each of its members. For these effects and purposes, each of the parties to the contract shall establish a sufficient security; if such is not established, it shall be understood that the assets of each party to the contract shall cover the respective obligations”.
18. 147 The trade union organizations that spoke to the members, however, expressed their serious concerns regarding the use of this type of contractual arrangement. The members of the visit had the opportunity to visit an enterprise in which a trade union contract was in operation. The presentation of this scheme gave rise to numerous questions and led the members to believe that an in-depth investigation of the subject was necessary in order to clarify certain issues such as the legal relationship between the enterprise and the union, the enterprise and the workers and the union and the workers; the responsibilities assumed by the union with respect to the enterprise and with respect to the workers; and the new role of the union. In order to assess correctly the implications of this contract, it would also be useful to have an idea of the number of such contracts in operation and the number of workers affected.
19. 148 The members paid due attention to the numerous and extensive complaints from various workers’ organizations concerning other issues, such as the arbitrary refusal to register new trade union organizations, new by-laws or trade union executive committees at the discretion of the authorities for reasons beyond the explicit provisions of the legislation; and the restructuring of public establishments involving the massive dismissal of workers, including trade union leaders, and in some cases the closure of such establishments, only to be reopened as a different entity with contracts accorded only to former workers who were not unionized or on condition that they resign from the union (in such cases, the mere existence of a trade union was no longer possible). While noting the Government’s indication that, in both cases, the law has been strictly respected, the members hope that all efforts will be made to ensure full respect for the organizational rights of trade unions and that special consideration will be given to cases of restructuring so as to ensure that any necessary changes are not made with the aim of impairing or eliminating trade unions and that any future hiring does not discriminate against trade unionists. The members ask for the implementation of the recommendations of the Committee on Freedom of Association relating to such cases, including finding solutions to the illegal lay-offs of trade unionists in public entities. They acknowledge the efforts made in this direction by several officials but recognize that more progress is required.
20. 149 In conclusion, the members of the visit strongly feel that, in the light of all of their discussions with the public authorities and the employers’ and workers’ organizations, there is a great deal of common ground on a number of the concerns raised in particular by the workers’ organizations. The members would encourage the social partners to look for solutions to these matters within the context of the tripartite mechanisms already available in the country. On this point, and noting the willingness and desire expressed by the Government and the social partners in this regard, the members would urge the Government to reactivate the regrettably insufficiently utilized national tripartite bodies, in particular the Standing Negotiation Committee on Labour and Wage Policies and the Special Committee for the Handling of Conflicts referred to the ILO, with a view to a full and meaningful dialogue on the issues of concern. Rapid and sincere action in this regard would go a long way to resolving the difficulties noted and to making a significant improvement in the labour relations climate. The members consider that the climate of trust that can be built within such mechanisms is crucial to social cohesion and progress within the country.
21. 150 Finally, the members noted that, despite numerous important projects and training provided, the laudable goals set for the Special Technical Cooperation Programme in Colombia (STCP) remained far from realized. The members strongly believe that a permanent ILO presence within the country would be extremely valuable in ensuring a more sustainable programme and activity addressed at combating impunity, as well as ensuring more effective implementation of freedom of association, tripartite dialogue and the STCP objectives. This proposal should not be understood as a punitive action or an additional supervisory mechanism, but rather a tool to assist the Government and the social partners to best address the issues of concern with coherency and with the benefit of an outside party, removed from the direct influence of the concerns at hand, and which might further assist in the development of a full and constructive dialogue among the stakeholders.
(Signed) Professor Paul van der Heijden,
Chair, Committee on Freedom of Association.
(Signed) Mr. Edward Potter,
Employer spokesperson,
Conference Committee on the Application of Standards.
(Signed) Mr. Luc Cortebeeck,
Worker spokesperson,
Conference Committee on the Application of Standards.
Persons interviewed during the mission
Office of the President of the Republic
Alvaro Uribe Vélez
President of the Republic
Francisco Santos Calderón
- Vice-President of the Republic
Ministry of Social Protection
Dr. Diego Palacio Betancourt
Minister for Social Protection
Dr. Jorge León Sánchez Mesa
- Vice-Minister for Social Protection
Dr. Gloria Gaviria Ramos
Coordinator of the Human Rights Group
Ludmila Flórez Malagón
Director-General for Labour Protection
Dr. Luz Stella Veira de Silva
Head of the Special Labour Inspection, Monitoring and Control Unit
José Gabriel Mesa
Cooperation and International Relations Office
María Teresa Losada
Cooperation and Interational Relations Office
Rocío Devia
Cooperation and International Relations Office
State-owned enterprises
ECOPETROL
Dr. Isaac Yanovich
Chairman
EMCALI
Dr. Roberto Rodríguez
BANCAFE
Dr. Freddy Bayota Gómez
Labour Disputes Coordinator
TELECOM
Dr. Javier Alonso Lastra
Liquidator
PRAP
Programa Reforma de la Administración Pública Public Adminstration Reform Programme (PRAP)
Dr. Mauricio Castro Forero
Director of PRAP
Ministry of the Interior and Justice
Dr. Luis Hernando Angarita Figeredo
- Vice-Minister of the Interior and Justice
Dr. Carlos Franco Echevarria
Director of the Human Rights and International Humanitarian Law Programme, Office of the President of the Republic
Dr. Rafael Emiro Bustamante Pérez
Director General for Human Rights
Ministry of the Interior and Justice
Attorney-General
Carlos Arturo Gómez Pavajeau
- Vice-Attorney-General
Patricia Linares
Procurator responsible for human rights
Dúmar Otálora
Elite group responsible for investigating human rights violations
Osvaldo Duque
Procurator responsible for labour affairs
Ministry of Defence
Andrés Peñate
- Vice-Minister of Defence
Members of the State Council
German Rodríguez Villamizar
Chairperson
Gabriel Eduardo Mendoza M.
María Elena Giraldo Gómez
Tarsicio Cáceres Toro
Camilo Arciniegas Andrade
Jesús M. Lemos Bustamante
Enrique José Arboleda Perdomo
María Inés Ortiz Barbosa
Reinaldo Chavarro Buritica
María Noemí Hernández Pinzón
Darío Quiñones Pinilla
Ana Margarita Olaya Forero
Ramiro Saavedra Bercerra
Flavio Augusto Rodríguez A.
Filemon Jiménez Ochoa
Jaime Moreno García
María Claudia Rojas Lasso
Ligia López Díaz
Rafael O. de Lafont Pianeta
Gustavo Eduardo Aponte S.
Héctor J. Romero Díaz
Alejandro Ordóñez M.
Alier Eduardo Hernández E.
Ruth Stella Correa Palacio
Alberto Arango Mantilla
Juan Angel Palacio Hincapié
Luis Fernando Alvarez Jaramillo
Members of the Supreme Court
Dr. Carlos Isaac Nader
Chairperson
Dr. Yesid Ramírez Bastidas
- Vice-Chairperson
Magistrates of the Civil Chamber of Cassation
Dr. Edgardo Villamil Portilla
Dr. Jaime Alberto Arrubla Paucar
Magistrates of the Criminal Chamber of Cassation
Dr. Yesid Ramírez Bastidas
Dr. Sigifredo Espinosa Pérez
Magistrates of the Labour Chamber of Cassation
Dr. Luis Javier Osorio López
Dr. Eduardo Adolfo López Villegas
Dr. Carlos Issac Nader
Dr. Camilo Humberto Tarquino Gallego
Dr. Francisco Javier Ricaurte Gómez
Dr. Isaura Vargas Díaz
Dr. Gustavo Gnecco Mendoza
Constitutional Court
Manuel José Cepeda Espinosa
Chairperson
Alfredo Beltrán Sierra
Jaime Córdoba Treviño
Rodrigo Escobar Gil
Marco Gerardo Monroy Cabra
Humberto Sierra Porto
Jaime Araujo Rentaría
Alvaro Tafur Galvis
Clara Inés Vargas Hernández
Supreme Council of the Judicature
Guillermo Bueno Miranda
Chairperson
Temístocles Ortega Narváez
Chairperson
Disciplinary Jurisdictional Chamber
Administrative Chamber
José Alfredo Escobar Araújo
Francisco Escobar Henríquez (since 2 September 2004)
Disciplinary Jurisdictional Chamber
Guillermo Bueno Miranda
Fernando Coral Villota
Office of the Prosecutor-General of the Nation
Mario Germán Iguirán Arana
Prosecutor-General
Yolanda Sarmiento Amado
Director of International Affairs
Janny Jadith Jalal Espitia
National Director of the Prosecutor’s Office
Marisol Palacio Cepeda
Director of the National Human Rights Unit
Elba Beatriz Silva Vargas
Procurator assigned to the Supreme Court in and by Bogotá
Luis González León
Procurator assigned to the Supreme Court in and by Bogotá
National Congress
Dr. Claudia Blum de Barberi
Chairperson of the Senate
Dr. Julio Gallardo Archibold
Chairperson of the Chamber of Representatives
Representative Ifran Hernández Díaz
Chairperson of the External Relations Committee
Senator Oscar Iván Zuluago
Representative Carlos Ignacio Cuerdo Valencia
National Office of the High Commission for Peace
Luis Carlos Restrepo
General Eduardo Antonio Herrera
Dr. Darío Mejía
National Association of Industry (ANDI)
Luis Carlos Villegas Echeverri
Chairperson
Alberto Echavarría Saldarriaga
- Vice-Chairperson for Legal and Social Affairs
Imelda Restrepo
Director of the Centre for Economic Studies
Ricardo Correa
Secretary-General
Enterprises interviewed
ASOCAJAS
Alvaro José Cobo
President
SOFASA
Luis Fernando Peláez
President
Silvia Cujar
Director of Human Resources
FABRICATO-TEJICONDOR
Oscar Tirado
- Vice-President for Labour Relations
COLTEJER
Samuel Rodríguez
Director of Human Resources
NESTLE
Juan Carlos Marroquín
President
Enrique Rueda
Human Resources
Ana María Sánchez
Labour Affairs
BAVARIA
Ricardo González
Director of Labour Relations
Juan Fernando Gallo
Labour Relations Division
AVIANCA
Marta Sofía González
Director of Management Supervision
Henry González
Human Resources
PELDAR
Margarita Forero
Human Resources
CERROMATOSO S.A.
Juan Caro Nieto
Acting Legal Representative
Comando Nacional Unitario
Carlos Rodríguez Díaz
Single Confederation of Workers of Colombia (CUT)
Julio Roberto Gómez
General Confederation of Workers (CGT)
Apecides Alvis Fernández
Confederation of Workers of Colombia (CTC)
Oral and written presentations submitted by workers' organizations within the framework of the tripartite mission
1. 1 Presentation produced by Mr. Carlos Rodríguez Díaz, Chairperson of the Single Confederation of Workers
2. 2 Presentation by Mr. Julio Roberto Gómez Esguerra, Chairperson of the General Confederation of Workers (CGT)
3. 3 Presentation by Mr. Apecides Alvis, Chairperson of the Confederation of Workers of Colombia
4. 4 The General Confederation of Workers (CGT), with the case of the Union of Workers of the Administrative Department of Social Welfare of Cundinamarca
5. 5 Presentation by sugar cane cutters
6. 6 Union of Government Workers of Cundinamarca (SINTRACUNDI)
7. 7 Union of Electrical Workers of Colombia (SINTRAELECOL)
8. 8 National Union of Bookmakers, Lottery Sellers and Allied Professions (SINALPROCHAN)
9. 9 SINTRATEL – Barranquilla
10. 10 National Union of Communications and Allied Professions and Transport (SINTRACOMUNICACIONES)
11. 11 Union of Civil Servants in the Customs, Tax and Foreign Exchange Services
12. 12 Workers’ Trade Union (USO)
13. 13 USO National Committee for Dismissed Workers, USO
14. 14 Oil Industry Workers’ Trade Union (USO) Cartagena branch
15. 15 National Union of Public Servants in State Social Enterprises (SINALTRAESES)
16. 16 Union of Bogotá and Cundinamarca hospital, clinic, surgery and sanitorium workers (ANEC) Cundinamarca branch
17. 17 Public Services International (ISP) on behalf of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA), the National Union of Civil Servants and Officials of the Municipalities of Colombia (SINALSERPUB), the Union of Municipal Workers of Cali (SINTRAEMCALI), the Union of Workers at the Aseo de Cali Public Services Board (SINTRAEMSIRVA) and the Trade Union of Workers and Employees of Public and Autonomous Services and Decentralized Institutes of Colombia (SINTRAEMSDES)
18. 18 Union of Workers and Employees of the Department of Antioquia
19. 19 Colombian Association of Civil Pilots (ACAV)
20. 20 Trade Union of Workers at the Cerro Matoso company
21. 21 General Confederation of Workers, in association with the Union of State Employees of Colombia (UTRADEC)
22. 22 District Administrative Department of Social Welfare, presentation given by Mrs. María Eugenia Monsalve López
23. 23 National Federation of Trade Unions of Workers in Public Service and Official
Enterprises and Bodies, representing SINTRADEPARTAMENTO, workers from TERMOCARTAGENA, workers dismissed from the Municipality of Medellín, SINTRAMINERCOL
1. 24 National Union of Banking Employees (UNEB)
2. 25 National Union of Workers in the Catering, Hotel and Tourist Industry of Colombia
3. 26 Professional Association of Technicians and Technologists of Colombia (APROTEC)
4. 27 Trade Union of Communications Workers (USTC)
5. 28 National Telecom Retirement Plan Association (ANPRETEL)
6. 29 ASMETROSALUD
7. 30 Trade Union of Armed Forces Pension Workers (SINTRACREMIL)
8. 31 Presentation on the Bogotá Telephone Company by Mr. José Fidolo López
9. 32 Union of Postal Workers of Colombia (STPC)
10. 33 National Federation of Retired Dockworkers (FENALPENPOR), on the Colombian Port Authority
11. 34 Presentation on the San Camilo de Bucaramanga Psychiatric Hospital by Mr. Ricardo Velandia Medina
12. 35 National Trade Union of Civil Servants of the Colombian State (SINTRAESTATALES)
13. 36 University Lecturers’ Association (ASPU)
14. 37 Union of Officials in the Department of Norte de Santander
15. 38 Union of Workers in the Costa Atlántica Milk Producers’ Cooperative (SINTRACOOLECHERA)
16. 39 Union of Civil Servants and Public Service Workers
17. 40 Colombian Red Cross Union, executive committee for Bogotá and Cundinamarca
18. 41 Union of Workers at the Administradora de Seguridad Limitada S.A. (SINTRACONSEGURIDAD)
Office of the United Nations High Commissioner
for Human Rights in Colombia
Mr. Michael Frülhing
Director of the Office