Informe provisional - Informe núm. 306, Marzo 1997

Allegations: Murders and other acts of violence against trade union officials and members, acts of anti-union discrimination and refusal to reorganize the representativity of a trade union organization

• Allegations: Murders and other acts of violence against trade union officials and members, acts of anti-union discrimination and refusal to reorganize the representativity of a trade union organization
  248. 248 The Committee last examined Case No. 1761 at its March 1995 meeting (see 297th Report, paras. 451-464). The Latin American Central of Workers (CLAT) sent additional information in communications dated 2 and 8 May and 31 July 1995. The Government sent partial observations in communications dated 29 August and 9 October 1995.
  249. 249 The Committee last examined Case No. 1787 at its June 1996 meeting (see 304th Report, paras. 159-178). The International Confederation of Free Trade Unions (ICFTU) subsequently submitted additional information in communications dated 20 and 28 May and 18 July 1996.
  250. 250 The complaint corresponding to Case No. 1896 is contained in a communication from the Latin American Central of Workers (CLAT) dated 7 May 1996.
  251. 251 At its meeting in December 1995, the Committee of Experts on the Application of Conventions and Recommendations made an observation on the application by Colombia of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and requested the Government to take measures to bring its legislation in line with the Convention. During the discussion of the case concerning the application of this Convention by Colombia at the meeting of the Conference Committee on the Application of Standards in June 1996, the Minister of Labour and Social Security, Orlando Obregón Sabogal, invited the ILO to carry out a mission in his country with a view to promoting trade union rights and social dialogue. Subsequently, the Government decided to extend the mandate of the mission to the cases pending before the Committee on Freedom of Association of the Governing Body (Cases Nos. 1761, 1787 and 1896).
  252. 252 The above-mentioned mission was carried out from 7-11 October 1996 by Santiago Pérez del Castillo, Professor of Labour Law from the University of Uruguay, accompanied by Horacio Guido, official of the Freedom of Association Branch of the International Labour Standards Department and Luis Zamudio, specialist in international labour standards of the Multidisciplinary Advisory Team based in Lima, Peru (see the report of the mission in Annex II). The Government submitted observations on the three cases pending to the mission.
  253. 253 Colombia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Case No. 1761
• Previous examination of the case
  254. 254 During the previous examination of the case, when it dealt with allegations concerning the murder of trade union officials and the judicial proceedings of trade unionists, the Committee made the following recommendations (see 297th Report, para. 464):
• Recalling that the rights of workers' and employers' organizations can be exercised only in a climate that is free from violence, pressure or threats of any kind against these organizations' leaders and members, and that it is the responsibility of governments to guarantee respect for this principle, the Committee urges the Government to take steps to ensure that judicial inquiries are carried out immediately to clarify all the alleged facts, determine responsibilities and punish the authors of the assassination of the trade union officials Rodrigo Rojas Acosta, Alberto Alvarado, Tina Soto Castellanos and Rosario Moreno, as well as the assassination of Hugo Zapata Restrepo and the serious wounds sustained by Carlos Posada during the search of the headquarters of the Single Federation of Workers of Antioquía (FUTRAN). The Committee requests the Government to keep it informed of the outcome of each of the inquiries undertaken, and of the outcome of inquiries being conducted into the assassination of trade union officials Perea Israel and Camelo Reinaldo Miguel;
• The Committee requests the Government to keep it informed of the outcome of the current trials of Mr. Luna, Mr. Chaparro and Mr. Patiño and to send it the text of the judgements handed down.
  255. 255 Similarly, given the failure of the Government to reply to certain allegations submitted, the Committee made the following recommendation:
• The Committee requests the Government to send complete observations on the following allegations as soon as possible: (1) the arrest of eight union officials (Ortega García Jorge Luis, Tovar Arrieta Domingo Rafael, Triviño Flavio, Orozco Nassam Luis Ferdando, Martínez César, Quiceno Evelio, Escobas Héctor and Ronancio Germán) on 12 February 1994 in Mesitas; (2) the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS) on 11 February 1994 in Cali; (3) the carrying out of visits by members of the state security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers, which was held in Bogotá between 9 and 12 February 1994; and (4) the activities of paramilitary groups in Medellín that are preventing the normal exercise of trade union activities.
• Additional information submitted by the CLAT
  256. 256 In its communications dated 2 and 8 May 1995, the CLAT alleges the murders of two trade union officials: Guillermo Alonso Benítez Zapata, legal adviser of the Workers' Union of Olimpo Ltd. (SINTRAOLIMPO), on 26 April 1995 in front of his home in the town of Chigorobo, Antioquía, and Marco Julio Martínez Quiceno, executive of the Workers' Union of Skanska, on 3 May 1995, at his home in the municipality of Tierralta, Córdoba.
  257. 257 In its communication of 31 July 1995, the CLAT alleges that the trade union official, Fernando Alfonso Davila Girón, president of the State Enterprise Workers' Union of Tuluá, disappeared on 26 November 1994 and that his relations announced his disappearance to the First Office of the General Prosecutor of Tuluá (anti-abduction unit).
• The Government's reply
  258. 258 In its communications dated 29 August and 9 October 1995, the Government states that the Office of the General Prosecutor of the Nation had carried out inquiries in connection with the disappearance of Fernando Alfonso Davila Girón, that these were at the initial stage and that it would, in due course, communicate all information it might have been able to obtain in this respect.
  259. 259 The Government handed over to the mission documentation provided by the Office of the General Prosecutor concerning the allegations on acts of violence against trade union officials and members which, in particular, contained the following information:
       • (i) judicial inquiries are being carried out in connection with the murders of the trade union officials Rodrigo Rojas Acosta, Alberto Alvarado, Tina Soto Castellanos and Rosario Moreno, Hugo Zapata Restrepo, Guillermo Alonso Benítez Zapata and Marco Julio Martínez Quiceno; they are also being carried out in connection with the serious injuries inflicted on Carlos Posada during the search of the headquarters of the Single Federation of Workers of Antioquía (FUTRAN);
       • (ii) concerning the alleged arrest of trade union officials, the Government gave details on those listed here below:
         • - Ortega García Jorge Luis (judicial inquiries are being carried out to look into threats made against him as well as the charge of rebellion brought against him; he is at present free);
         • - Tovar Arrieta Domingo Rafael (judicial inquiries are under way to look into charges that he was kidnapped and threatened);
         • - Orozco Nassan Luis Fernando (judicial inquiries are under way to look into the charge that he was a victim of extortion); and
         • - Martínez César (judicial inquiries are under way to determine whether he was a victim of extortion and the charge of kidnapping brought against him).
       • Case No. 1787 Previous examination of the case
  260. 260 During its previous examination of the case, when examining allegations concerning the murders and disappearances of/and other acts of violence against trade union officials and members, the Committee made the following recommendations (see 304th Report, para. 178(a)):
• ... expressing its deep concern at the increasing climate of violence in the country and the large number of murders and acts of violence against trade union officials and members, the Committee urges the Government to take immediately the necessary steps for the initiation of judicial investigations to elucidate all the alleged murders, threats and other acts of violence, establish who was responsible for them and punish the guilty parties. The Committee requests the Government to keep it informed in this respect. Furthermore, the Committee urges the Government to intensify its efforts to provide effective protection for all the trade union officials and members who have received threats. The Committee requests the Government to provide information on all the cases referred to in the annex (which is reproduced here below):
• Allegations pending in March 1995
• Murders:
  1. (1) Jaime Elicier Ojeda (President of the Public Works Trade Union - SINTRAMINOBRAS) (the Government reported that judicial investigations had begun);
  2. (2) Alfonso Noguera (President of the Trade Union of Municipal Workers of the municipality of Ocaña) (the Government reported that judicial investigations had begun);
  3. (3) Hernando Cuadros (President of the Tibú Branch of the Workers' Trade Union - USO).
• Attempted murder:
  1. (1) Trade union members Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez.
• Death threats:
  1. (1) Bertina Calderón (Vice-President of CUT);
  2. (2) Daniel Rico (President of the Federation of Petroleum Workers - FEDEPETROL);
  3. (3) Domingo Tovar (member of the CUT National Executive);
  4. (4) Víctor Ramírez (President of the Transport Workers' Union - SINTRASON);
  5. (5) Members of the Executive Committee of the Single Agricultural Trade Union Federation - FENSUAGRO).
• Death threats and attempted murder:
  1. (1) Francisco Ramírez Cuéllar (President of the Trade Union of Workers of the Mineralco SA enterprise).
• Detention and raids on homes:
  1. (1) Luis David Rodríguez Pérez (former leader of the National Trade Union of Workers of Incora - SINTRADIN).
• Raids on union headquarters, telephone tapping, surveillance of trade union members:
  1. (1) A raid on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), the tapping of telephones in the union headquarters and of members' telephones and surveillance of the President of the Federation, Luis Carlos Acero by armed persons.
• Additional information presented by the complainant organization in a communication dated 20 October 1995
• Murders:
  1. (1) Ernesto Fernández Pezter, trade union leader of the Association of Teachers of César on 20 February 1995;
  2. (2) Manuel Francisco Giraldo, member of the Executive Committee of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) on 22 March 1995;
  3. (3) Pedro Bermúdez, member of the workers' committee of the La Playa banana plantation, municipality of Carepa, department of Urabá on 6 June 1995;
  4. (4) Artur Moreno, member of the workers' committee of the Doña Francia plantation, municipality of Apartadó on 7 June 1995;
  5. (5) Antonio Moreno, treasurer of the Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) on 12 August 1995;
  6. (6) Manuel Ballesta, negotiator for the Trade Union of Workers of the Agricultural Industry (SINTRAINAGRO) on 12 August 1995;
  7. (7) 23 workers who were members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) on 29 August 1995;
  8. (8) William Gustavo Jaime Torres, President of the National Farmworkers' Association (ANUC) on 12 August 1995;
  9. (9) 24 workers from the Rancho Amelia banana farm who were members of the National Trade Union of Workers in the Agricultural Industry on 20 September 1995.
• Disappearances:
  1. (1) Rodrigo Rodríguez Sierra, President of the Trade Union of Oil-producing Workers (SINTRAPROACEITES), Copey branch, on 16 February 1995;
  2. (2) Jairo Navarro, trade union member, on 6 June 1995.
• Physical aggression and police repression:
  1. (1) Police repression against workers from the Empresas Públicas de Cartagena during a peaceful demonstration on 29 June 1995;
  2. (2) Police repression against workers from the Empresas de Acueductos y Teléfonos and organized peasants from Tolima who were holding a protest meeting on 14 August 1995. The repression resulted in the death of Fernando Lombana who was a member of the Association of Farmers of Small and Medium-sized Holdings in Tolima (ASOPEMA), the serious injury of three other persons and several arrests (trade union members belonging to the organizations that took part in the protest).
• Threats against:
  1. (1) Pedro Barón, President of the Tolima branch of the Single Confederation of Workers of Colombia (CUT) by members of the armed forces following his participation in a protest strike on 19 July 1995;
  2. (2) Domingo Tovar, member of the Association of Teachers of Sucre, who was arrested by members of the army and accused of being a subversive on 12 February 1994. The judicial authorities later ordered his release. He received a death threat on 8 August 1995 and following an attempt on his life had to leave the country for several months;
  3. (3) Jorge Ortega García, trade union member, who was arrested by members of the army and accused of being a subversive on 12 February 1994. The judicial authorities later ordered his release. He subsequently received a death threat and is being followed by members of the security forces who are keeping his office under surveillance.
  261. 261 Furthermore, when examining allegations on anti-union discrimination, the Committee made the following recommendations (see 304th Report, para. 178(b), (c) and (d)):
• ... recalling that protection against anti-union discrimination must be provided, in particular against all acts to dismiss workers or prejudice them in any other way by reason of their trade union membership or activities, the Committee requests the Government to take the necessary steps to carry out an immediate investigation into the ALFAGRES S.A. enterprise and, in the event that the alleged acts of discrimination are proven, to reinstate the trade union officials who were dismissed, and to take steps to put an end to the threats or any other form of prejudice against workers belonging to the trade union. The Committee requests the Government to keep it informed in this respect;
• ... with regard to the Trade Union of Government and Public Administration Workers (SINTRHA), the Committee requests the Government to send, without delay, its observations on the allegations concerning the suppression of the posts of trade union officials and members, encouragement by the Government in public administration of an anti-union campaign to intimidate workers who wished to join the union, and the dismissal of members of the Executive Committee of the SINTRHA enterprise. The Committee requests the complainant organization to send its comments on the statement made by the Government concerning the refusal to register the amendments to the SINTRHA statutes; and
• ... recalling that the Government was previously requested to take the necessary measures to enable trade union leaders and members of the SINTRATEXTILIA trade union dismissed for their legitimate trade union activities to secure reinstatement in their posts, the Committee urges the Government to take measures to this end and to keep it informed in this respect.
• Additional information from the complainant
  262. 262 In its communications dated 20 and 28 May and 18 July 1996, the ICFTU alleges various murders of trade union officials and members. In particular, the complainant organization states that:
       • - Francisco Mosquera Córdoba and Carlos Arroyo de Arco, workers in the Darién timberworks, were murdered in February 1996 after a meeting at which discussions were held on the drafting of a list of claims to be discussed with the enterprise;
       • - members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) Francisco Antonio Usuga (regional conductor of SINTRAINAGRO in the municipality of Carepa), José Silvio Gómez (activities coordinator in Banafinca), Alvaro David (member of the workers' committee of the Los Planes estate) and Oriol Chaverra (foreman of the La Argentina estate) were murdered on 22 March 1996 in various places in the banana-growing region of Urabá;
       • - members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), Hernán Correra (national treasurer), Medardo Cuestas (head of the subsecretariat of Turbo), Manuel Márquez (Apartadó branch treasurer), Pedro Barbosa (press secretary), Omar Casarubio (Apartadó branch member), Fernando Pérez (vice-chairman of the Apartadó branch) and Amin Palacio (member of the Turbo sub-executive), were murdered on 14 April 1996, in Curulao, in the town of Turbo;
       • - Armando Umanes Petro, member of the Córdoba Teachers' Association, was murdered on 23 May 1996 in the town of Montería;
       • - Jairo Alfonso Gamboa López and all the other members of the executive of the Trade Union of Workers of the Titán S.A. enterprise, in the municipality of Yumbo, received death threats from a paramilitary group known as "Colombia without guerrillas" (COLSINGUE);
       • - Alvaro Hoyos Pabón, member of the Trade Union of Workers of the Titán S.A. enterprise, in the municipality of Yumbo, was murdered on 12 December 1995;
       • - Libardo Antonio Acevedo Q., president of the Regional Trade Union Federation of Free Workers of the Cauca Valley (FESTRALVA), treasurer of the Trade Union of Workers of the Colombina S.A. enterprise (SINTRACOLOMBINA) and member of the National Executive of the CTC, was murdered on 7 July 1996 in the town of Tuluá;
       • - on 7 July 1996 unidentified persons set off an explosive device at the headquarters of the National Construction Workers' Trade Union (SINDICONS) in Medellín.
  263. The Government's reply
  263. 263 In its communication of September 1996, the Government once again states that inquiries are being carried out in connection with the death of the trade unionists Luis Noguera Cano and Eliecer Ojeda Cano. Furthermore, the Government points out that a person has been detained and is being tried in connection with the inquiries into the death of Luis Noguera Cano.
  264. 264 The Government handed over to the mission much information on acts of violence against trade union officials or trade union members, or against trade union premises. In particular, the Government states that judicial inquiries have begun in connection with the following murders of trade union officials or trade union members: (1) Antonio Moreno; (2) Manuel Ballesta; (3) Francisco Mosquera Córdoba; (4) Carlos Arroyo de Arco, (5) Francisco Antonio Usuga; (6) Pedro Luis Bermúdez Jaramillo; (7) Armando Umanes Petro; (8) William Gustavo Jaimes Torres; (9) Ernesto Fernandez Pezter.
  265. 265 In addition, the Government states that inquiries are being carried out in connection with the explosion at the headquarters of the National Construction Workers' Trade Union (SINDICONS) in Medellín.
  266. 266 As regards the alleged murders of the trade union members belonging to SINTRAINAGRO, Oriol Chaverra, Hernán Correra, Medardo Cuestas, Manuel Márquez, Pedro Barbosa, Omar Casarubio, Fernando Pérez and Amin Palacio, the Government states that these persons are alive and that they have not lodged any complaints that attempts have been made on their lives.
  267. 267 Concerning the allegations on the arrest of and death threats made against the trade union officials Domingo Tovar and Jorge Ortega García, the Committee analyses the Government's comments within the framework of Case No. 1761.
  268. 268 Concerning the allegations that had remained pending on acts of anti-union discrimination, the Government informed the mission of the following:
       • - Alfagres S.A. enterprise: the Government states that it received a verbal complaint against this enterprise for the alleged dismissal of workers and infringements of the right of freedom of association and that, following the corresponding inquiries carried out by the inspection and supervision department, resolution No. 001682, issued on 23 May 1995, which stated that: "the enterprise did not infringe the right of freedom of association and the parties are free to bring the matter before the ordinary labour courts". The Government adds that in a letter dated 31 May, a number of trade unionists stated that they were withdrawing their complaint lodged with the administrative authorities and that on 2 June 1995, other trade unionists pointed out that a number of founder members of SINTRALFA negotiated their termination after being dismissed by the employers. The Government points out that, subsequently, these founder members initiated proceedings in support of fuero sindical (trade union immunity) and reinstatement against the defendant ALFAGRES S.A. enterprise, which are being dealt with by the court which tries civil and criminal cases in the jurisdiction of the municipality of Soacha (Cundinamarca).
       • - Textilia Ltd. enterprise: concerning the allegations of anti-union dismissals carried out in this enterprise, the Government points out that the president and secretary-general of SINTRATEXTILIA withdrew their complaint of trade union persecution against the Textilia enterprise, taking into account that a criminal complaint had been lodged against the management of the enterprise and that the dismissed workers had brought the matter before the labour courts. The Government adds that a number of trade unionists (whose names are given by the Government) had initiated legal proceedings in support of fuero sindical (trade union immunity) and reinstatement.
       • - Ministry of Finance: concerning the allegations pending of anti-union discrimination against union officials and members of the Trade Union of the Government and Public Administration Workers (SINTRHA), the Government points out that: (1) the jobs of trade union members and officials had not been cut with a view to destroying the trade union, but had been the result of restructuring within the Ministry affecting many workers; (2) a woman official of the Ministry had undeniably stirred up an anti-union campaign, but this situation had been corrected; and (3) the three members of the union executive who were dismissed as a result of the restructuring have initiated legal proceedings.
  269. Case No. 1896
• The complainant's allegations
  269. 269 In its communication dated 7 May 1996, the Latin American Central of Workers (CLAT) states that on 23 February 1996 the Ministry of Labour drew up Resolution No. 00431 referring to a census carried out in the National Telecommunications Enterprise of Colombia (TELECOM) concerning the representativity of trade union organizations operating within this enterprise. According to the complainant organization, the resolution stated that the Trade Union of Workers of the National Telecommunications Enterprise (SITTELECOM) had a total of 1,779 members as of 30 November 1995; this trade union rejected the census carried out by the Ministry of Labour, alleging that it had 4,471 active members (the enterprise upholds these figures by providing the list of check-offs for trade union contributors). The trade union organization explains that it should be borne in mind that the other organization representing TELECOM workers is the TELECOM Technicians Association (ATT), an organization which only represents technicians. SITTELECOM, on the other hand, covers various types of workers in the enterprise. In the census, the ATT is represented as being the majority organization in terms of membership (1,804) and therefore authorized by law to discuss the list of claims and sign a new collective labour agreement. Finally, the complainant organization alleges that the official figures presuppose the modernization of SITTELECOM whilst depriving it of the legitimate right to exercise its trade union prerogatives.
• The Government's reply
  270. 270 The Government informs the mission that on 23 February 1996 the Ministry of Labour and Social Security issued Resolution No. 00431 through the Labour Department, which stated that the Union of Workers of the National Telecommunications Enterprise "SITTELECOM" had 1,779 members as at 30 November 1995 and that the TELECOM Technicians Association (ATT) had 1,804 members, out of a total of 8,710 workers employed by the National Telecommunications Enterprise TELECOM. The Government adds that these figures are not final but it was necessary to draw them up because of the appeal lodged by the trade union organization SITTELECOM. The Government points out that the census was carried out at the request of the TELECOM enterprise in order to establish the trade union representation with a view to collective bargaining, in accordance with the provisions contained in article 357, paragraph 2, of the Labour Code which states that when a basic trade union and an industrial trade union exist alongside each other within the same enterprise, the representation of the workers for all purposes of collective bargaining will lie with the trade union grouping the majority (half minus one) of the workers in the enterprise.
  271. 271 Furthermore, the Government points out that this trade union census was carried out whilst taking account of the following:
       • - the statutes of each of the trade union organizations, stipulating the conditions or requirements for membership, which establish: Union of Workers of the National Telecommunications Enterprise "SITTELECOM". Chapter III. Admission requirements. Article 60. Membership requirements: to be a worker in the National Telecommunications Enterprise and have completed the period of apprenticeship; be more than 14 years of age; submit a request for membership in writing to the Executive Committee, which gives its approval or not as the case may be. TELECOM Technicians' Association (ATT). Chapter III. Membership requirements. Article 40. Any Colombian worker involved in telecommunications activities in the public or private sector may belong to the ATT. Paragraph. In order to be accepted as a member, the worker must submit a written request and agree to abide by the statutes;
       • - in the case of SITTELECOM, as the census was at national level, the various regional boards under the Ministry were requested to count the number of TELECOM workers belonging to SITTELECOM in their respective jurisdictions. These boards were instructed to monitor compliance with the statutes of the trade union organization for membership. Subsequently, only those members in the various regional boards of the country counted as being members of SITTELECOM, if they had complied with the compulsory trade union regulations for membership; in other words, any workers failing to comply with the requirements contained in these regulations - such as the obligation to submit a request for membership in writing to the Executive Committee and approval by that body - were not counted as being members of the trade union. These statutes regulate the activities of SITTELECOM, which indeed were approved by this trade union;
       • - in the case of the ATT, given that the relevant documentation was centralized in the city of Santafé de Bogotá D.C., the regional boards under this Ministry were not involved in the census and it was carried out by the Regional Labour Board of the capital city; only those officials who had fulfilled the requirements laid down in the statutes were considered members of this trade union. As mentioned earlier in the text, the only requirement consists of submitting a written request and acceptance of the statutes;
       • - under sections 377 and 393 of the Labour Code, the trade union organizations must, amongst other things, keep a register of members and of the Executive Committee, duly sealed and numbered by the labour inspector. However, the majority of branches of the trade union organization SITTELECOM, including the branch of Santafé de Bogotá D.C., did not submit a list of its members; even when they did submit a list, most of those on the list had not been duly accepted as members by the Executive Committee - according to the minutes of the Committee - which also in various branches had not been authenticated;
       • - once the name and number of persons duly belonging to the trade union had been established in accordance with the statutes of each trade union organization, the names of these persons were compared with the names on the payroll submitted by TELECOM; however, the findings of the census were rejected and are the object of this complaint.
  272. 272 The Government stresses that the fact that the employer submits a list of workers paying trade union dues does not automatically mean that those paying the contributions are a member of the trade union because, under section 471 of the Labour Code, when a trade union is party to a collective agreement and its members account for more than a third of the workers in the enterprise, the agreement applies to all workers in the enterprise - irrespective of whether or not they are a member of the trade union; furthermore, even those not belonging to the trade union must pay a contribution to the trade union to benefit from the agreement. The Ministry of Labour and Social Security's task was to conduct a census and determine the number of workers duly belonging to each trade union organization, without making any pronouncement on the subsequent right to bargain collectively. The Government states that the figures in the census reflect the number of members as at 30 November 1995 and that, to date, it is not able to account for any further changes in membership or withdrawal of membership in either of the trade unions.

B. B. The Committee's conclusions

• The Committee's conclusions
  273. 273 The Committee notes the report of the representative of the Director-General, Professor Santiago Pérez del Castillo, of the mission carried out in Colombia from 7 to 11 October 1996, and wishes to thank him for the work he has accomplished. The Committee also thanks the Government, the authorities and the social partners for their full cooperation with the representative of the Director-General throughout the mission. Furthermore, the Committee takes note of the written information provided by the Government on the various cases and the various Bills submitted to Congress to bring the legislation in line with Conventions Nos. 87 and 98 and to ratify Conventions Nos. 151 and 144 which has been submitted to the Committee of Experts on the Application of Conventions and Recommendations.
  274. 274 First, before analysing the allegations and observations communicated by the Government in connection with each case in particular, the Committee feels bound to express its grave concern at the allegations which refer to a great extent to violent murder, disappearances and other acts of violence against trade union officials and members, as well as raids on trade union headquarters and trade union members' homes. The Committee recalls that it has for many years been examining cases on serious acts of violence against trade union officials and members in Colombia. It deeply regrets to note that the violence does not seem to have diminished but that, on the contrary, it seems to have been growing during the past few years, which once again has affected trade unionists.
  275. 275 The Committee notes from the mission report that, against the complex and serious climate of violence prevailing in Colombia, there are a series of causes for concern recognized by the majority of those interviewed by the representative of the Director-General: (i) the violence is endemic to all sectors of society (the figures given in connection with murders committed in 1995 vary between 25,000 and 30,000), but the trade union movement has been subject to serious attacks. This is a situation that has been dragging on for 45 years in Colombia and is compounded by the fact that the presence of the State authority is widely dispersed in some regions of the country; (ii) this violence may be attributed to the guerrilla movement, drug traffickers, paramilitary groups - some of which act with the acquiescence and active participation of the state security forces - and common criminals; (iii) a very large number of cases of acts of violence remain unsolved, which gives an added incentive to repeat them and to commit further violations of human rights (few are judged, proceedings are slow, general prosecutors cannot or dare not carry out investigations because their lives are endangered), and (iv) it is almost impossible to provide protection to trade union officials and members threatened. The Committee stresses the total ineffectiveness of the judicial system and the intervention of a separate military jurisdiction concurrently with the civil system.
  276. 276 The Committee notes that according to the mission report, the Government states that it has taken a number of positive measures to put an end to impunity. In particular, the Committee notes with interest the following measures adopted: (i) the establishment of the victim and witness protection programme of the Office of the General Prosecutor; (ii) the setting up of a National Human Rights Unit whose competence extends to, amongst other things, murders of trade union officials who have been presumably killed on account of their trade union activities; (iii) the planning within the Ministry of the Interior of a special administrative unit of human rights which will have a special section for the protection of persons who have received threats; and (iv) the setting up of a ministerial committee to examine cases on violations of human rights to verify the allegations which, in the event of finding the allegations are well-founded and of the responsibility on the State to order the payment of compensation. Taking note of these measures, the Committee stresses that the mission report reveals that the number of victims of violence is extraordinarily high and that the failure of judicial proceedings to shed light on the facts gives rise to an extremely high degree of impunity. In addition, the Committee profoundly deplores the fact that not one of the numerous allegations before it has resulted in the guilty party being punished. Finally, the Committee notes with interest the climate of social dialogue which the Government is trying to create, emphasizing the importance of a system of ethics and a new culture which, while it does not ignore differences or conflict, gives priority to dialogue and understanding.
  277. 277 Finally, the Committee notes with extreme concern that the mission report draws attention to the present increase in the number of paramilitary or self-defense groups in many sectors of the country, whose acts of violence are added to those of drug traffickers, the guerrilla movement, common criminals and, institutionalized by members of the security forces. Similarly the Committee notes that according to the report, the action of paramilitary groups primarily affects trade unionists in many regions of the country and that many of those interviewed stressed that the security forces allowed the action of such groups. Similarly, the Committee notes that those interviewed referred to the existence of cases in which state officials had committed infringements of human rights.
  278. 278 In this context and in connection with all the alleged acts of violence, the Committee reminds the Government that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed"; "the killing, disappearance or serious injury of trade union leaders and trade unionists require the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events"; and that "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights" (see Digest of decisions and principles of the Freedom of Association Committee, 4th (revised) edition, 1996, paras. 46, 51 and 55). Similarly, the Committee asks the Government to take all the necessary measures to dismantle the paramilitary groups which are preventing the normal development of trade union activities in various areas of the country.
• Case No. 1761
  279. 279 As regards the allegations concerning the murders and injuries sustained by trade union officials or members, the Committee notes that the Government is carrying out judicial inquiries in connection with the murders of the trade union officials Rodrigo Rojas Acosta, Alberto Alvarado, Tina Soto Castellanos and Rosario Moreno, Hugo Zapata Restrepo, Guillermo Alonso Benítez Zapata and Marco Julio Martínez Quiceno; it is similarly carrying out inquiries on the serious injuries sustained by Carlos Posada during the search of the trade union headquarters of the Single Federation of Workers of Antioquía (FUTRAN). The Committee expresses the hope that the judicial inquiries under way might shed light on the facts, determine where responsibilities lie and punish the guilty parties. The Committee requests the Government to keep it informed of the outcome of these inquiries. Furthermore, the Committee requests the Government to keep it informed of developments regarding the inquiries under way in connection with the murders of the trade union officials Perea Israel and Miguel Camelo Reinaldo, as well as on the development of the judicial proceedings continuing against the trade union members Mr. Luna, Mr. Chaparro and Mr. Patiño (the Government had informed the Committee at its March 1995 meeting on the beginning of these latter judicial inquiries).
  280. 280 Concerning the alleged detentions of trade union officials, the Committee notes that the Government provided the following information: Ortega García Jorge Luis has been charged with rebellion but, at the same time, judicial inquiries are being carried out to look into threats made against him; he is at present free; Tovar Arrieta Domingo Rafael is not being held and judicial inquiries are being carried out to look into charges that he was abducted and threatened; Orozco Nassan Luis Fernando is not being held and judicial inquiries are being carried out to examine whether he was a victim of extortion; and Martínez César is being charged with abduction but, at the same time, judicial inquiries are being carried out to examine whether he was a victim of extortion. The Committee requests the Government to keep it informed of the judicial inquiries in which these trade union officials are involved.
  281. 281 Concerning the other alleged detentions of the trade union officials Triviño Flavio Quiceno Evelio, Escobar Héctor and Ronancio Germán on 12 February 1994 in Mesitas, the Committee notes that the Government has failed to communicate its observations. In these circumstances, the Committee requests the Government to ascertain whether these trade union officials are in fact detained and, in the event that it finds that they were arrested on grounds of their trade union activities, that they take measures to ensure their immediate release.
  282. 282 Finally, with respect to the allegations concerning: (1) the expulsion of workers from the headquarters of the Construction Workers Trade Union (SINDICONS) on 11 February 1994 in Cali; (2) the carrying out of visits by members of the state security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers, which was held in Bogotá between 9 and 12 February 1994; and (3) the existence of paramilitary groups in Medellín that are preventing the normal exercise of trade union activities, the Committee notes that the Government has failed to communicate its observations. In these circumstances, the Committee requests the Government to take measures to ensure that the state security forces do not enter into trade union headquarters if they do not have the necessary judicial warrant.
• Case No. 1787
  283. 283 In connection with the many murders of and acts of violence committed against trade union officials and members, the Committee notes that the Government informed the mission that judicial inquiries were being carried out in connection with the following murders of, and death threats against, trade union officials or members: (1) Antonio Moreno (12.08.1995); (2) Manuel Ballesta (13.08.1995); (3) Francisco Mosquera Córdoba (02.1996); (4) Carlos Arroyo de Arco (02.1996); (5) Francisco Antonio Usuga (22.03.1996); (6) Pedro Luis Bermúdez Jaramillo (6.06.1995); (7) Armando Umanes Petro (23.05.1996); (8) William Gustavo Jaimes Torres (28.08.1995); (9) Ernesto Fernandez Pezter; (10) Jaime Eliacer Ojeda; (11) Alfonso Noguera; (12) Alvaro Hoyos Pabon (12.12.95); (13) Libardo Antonio Acevedo (7.7.96) and (14) Jairo Alfonso Gamboa Lopez (was threatened with murder). The Committee requests the Government to keep it informed of the outcome of the judicial inquiries under way.
  284. 284 Furthermore, the Committee notes that the Government is carrying out a judicial inquiry in connection with the setting off of an explosive device in the headquarters of the Construction Workers Trade Union (SINDICONS) in Medellín. The Committee requests the Government to keep it informed of the outcome of this judicial inquiry.
  285. 285 Concerning the alleged murders of members of the trade union organization SINTRAINAGRO, Oriol Chaverra, Hernán Correra, Medardo Cuestas, Manuel Márquez, Pedro Barbosa, Omar Casarubio, Fernando Pérez and Amin Palacio, the Committee notes that according to the Government, these persons are alive and they have not lodged any complaints that their lives have been threatened.
  286. 286 Furthermore, the Committee notes that the Government failed to submit observations on many murders, attempted murders, death threats, disappearances and physical attacks against trade union officials and members, as well as raids on trade union headquarters and trade union members' homes (see in Annex I the full list of allegations to which the Government has failed to reply). In these circumstances, the Committee urges the Government to communicate its observations as soon as possible on all the cases mentioned in Annex I.
  287. 287 With respect to the Committee's request that the Government should carry out an inquiry in the ALFAGRES S.A. enterprise to ascertain the veracity of the alleged anti-union dismissals, the Committee notes that according to the Government, the inspection and supervisory department of the Ministry of Labour carried out an inquiry and found "that the enterprise had not violated freedom of association". Furthermore, the Committee notes that the Government states that a number of trade unionists withdrew the complaint they had lodged with the administrative authorities and that other founder members of the trade union who negotiated their termination with the enterprise, subsequently initiated judicial proceedings to be reinstated. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way.
  288. 288 With regard to the allegations pending concerning the suppression of the posts of trade union members and officials at the Ministry of Finance, the promotion of an anti-union campaign by the authorities in this Ministry intimidating workers wishing to belong to the trade union and the dismissal of members of the Executive Committee, the Committee notes that according to the Government: (1) the jobs of trade union members and officials had not been cut with a view to destroying the trade union, but had been the result of restructuring within the Ministry affecting many workers; (2) there is no denying that an official of the Ministry did stir up an anti-union campaign but that this situation has been corrected; and (3) the three members of the union Executive Committee dismissed as a result of the restructuring have initiated judicial proceedings.
  289. 289 In this respect, concerning the restructuring by the Ministry of Finance which resulted in the dismissal of many workers, the Committee reminds the Government that it is important that "governments consult with trade union organizations to discuss the consequences of restructuring programmes on the employment and working conditions of employees" (see Digest, op. cit., para. 937). Furthermore, as regards the campaign of anti-union intimidation - moreover acknowledged by the Government which states that it has however been corrected - the Committee points out to the Government that "no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities, and it is important to forbid and penalize in practice all acts of anti-union discrimination in respect of employment" (see Digest, op. cit., para. 696). Finally, the Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way in connection with the dismissals of the three members of the union Executive Committee.
  290. 290 Finally, in connection with the Committee's request to the Government that it should take the necessary measures to ensure that the trade union officials and members belonging to the SINTRATEXTILIA union who had been dismissed for their lawful trade union activities should be reinstated, the Committee notes that the Government states that a penal complaint has been launched against the TEXTILIA LTD enterprise and that a number of trade unionists have lodged judicial proceedings on fuero sindical (trade union immunity) and their reinstatement. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way, both within the penal and labour courts.
• Case No. 1896
  291. 291 The Committee notes that the allegations made in this case refer to the complainant organization's lack of agreement with a census of members carried out by the Ministry of Labour and Social Security. In particular, the complainant organization alleges that SITTELECOM has 4,471 members and that the census conceded that it had 1,779, and that as a result of this census it ceased to be the most representative organization of the National Telecommunications Enterprise of Colombia and lost the right to negotiate a new collective labour agreement, which was handed over to the ATT.
  292. 292 The Committee notes the Government's statements to the effect that: (1) the census was carried out at the request of the TELECOM enterprise at national level, with a view to establishing which of the two organizations in the enterprise - SITTELECOM and ATT - was the most representative for purposes of collective bargaining (the Labour Code provides that the representation of workers through collective bargaining is incumbent upon the trade union grouping the majority - half minus one - of the workers in the enterprise); the statutes of SITTELECOM stipulate, amongst other requirements, that anyone wishing to be a member of the trade union must submit a written request for membership to the Executive Committee which decides whether to give its approval or not; (3) when carrying out the census on the SITTELECOM organization, the administrative authorities only considered as members those workers who had complied with the above-mentioned requirement to submit a request for membership in writing; the trade union organization SITTELECOM, through its various branches, did not submit the registers of members required to carry out the census and, in cases in which they did, the administrative authorities noted that most of those registered as members by SITTELECOM had not been duly accepted as members by the Executive Committee; (4) the fact that the employer draws up a list on the basis of trade union check-offs does not provide evidence that those paying contributions are members of the trade union given that, under section 471 of the Labour Code, the collective agreement might stipulate that dues should be paid by those not belonging to the trade union as they benefit from the collective agreement; and (5) the trade union organization SITTELECOM has lodged an appeal to the judicial authorities in relation with this census.
  293. 293 In this respect, the Committee notes that, according to the Government, the administrative authorities complied strictly with the provisions contained in the statutes of the SITTELECOM trade union organization when counting the members of the trade union in question and on account of various irregularities - the failure of workers to submit in writing their request to belong to the trade union, the failure to submit the register of members and the failure of the Executive Committee to approve requests for membership - reached a number of 1,779 members to which the complainant organization objects. In these circumstances, while noting that it does not have at its disposal any factors which might lead to conclude that the Government had favoured one trade union organization over another in the TELECOM enterprise when carrying out the census in question, the Committee urges SITTELECOM to take measures to ensure that all its members comply with provisions laid down in the statutes and, in the event that they do so, requests the Government to carry out a new census counting all the workers who have been effectively registered as members of the trade union organization in question. Finally, the Committee requests the Government to keep it informed of any developments that might arise in this respect and to send it a copy of the ruling concerning the appeal lodged with the judicial authorities by the trade union organization SITTELECOM.

Annex I

1. Allegations on which the Government has not yet communicated its observations
2. in connection with Case No. 1787
3. Murders:
4. (1) Hernando Cuadros (President of the Tibú branch of the Workers Trade Union
5. - USO);
6. (2) Manuel Francisco Giraldo, member of the Executive Committee of the
7. National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO) on
8. 22 March 1955;
9. (3) Artur Moreno, member of the Workers Committee of the Doña Francia
10. plantation, municipality of Apartadó on 7 June 1955;
11. (4) 23 workers who were members of the National Trade Union of Workers in the
12. Agricultural industry (SINTRAINTRAGO) on 29 August 1995;
13. (5) 24 workers from the Rancho Ameila banana farm who were members of the
14. National Trade Union of Workers in the Agricultural Industry on 20 September
15. 1995;
16. (6) José Silvio Gómez (coordinator of SINTRAINAGRO activities in Banafinca),
17. on 22 March 1996;
18. (7) Alvaro David (member of the Workers Committee of the Los Planes estate,
19. member of SINTRAINAGRO), on 22 March 1996.
20. Attempted murders:
21. The trade unionists Edgar Riaño, Darío Lotero, Luis Hernández and Monerge
22. Sánchez.
23. Death threats:
24. (1) Bertina Calderón (Vice-President of the CUT);
25. (2) Daniel Rico (President of the Federation of Petroleum Workers -
26. FEDEPETROL);
27. (3) Víctor Ramírez (President of the Transport Workers Union - SINTRASON);
28. (4) Members of the Executive Committee of the Single Agricultural Trade Union
29. Federation - (FENSUAGRO);
30. (5) Francisco Ramírez Cuéllar (President of the Workers' Trade Union of the
31. Mineralco S.A. enterprise);
32. (6) Pedro Barón, President of the Tolima Branch of the Single Confederation of
33. Workers of Colombia (CUT), by members of the armed forces following his
34. participation in a protest strike on 19 July 1995;
35. (7) The members of the Executive Committee of the Union of Workers of the
36. Titán S.A. enterprise, in the municipality of Yumbo, who received death
37. threats from a paramilitary group called "Colombia without guerrillas"
38. (COLSINGUE), on 26 October 1995 and 17 May 1996.
39. Detention and raids on homes:
40. Luis David Rodríguez Pérez (former leader of the National Trade Union of
41. Workers of Incora - SINTRADIN).
42. Raids on union headquarters, telephone tapping, surveillance of trade union
43. members:
44. A raid on the headquarters of the Single Agricultural Trade Union Federation
45. (FENSUAGRO), the tapping of telephones in the union headquarters and of
46. members' telephones and surveillance of the President of the Federation, Luis
47. Carlos Acero by armed persons.
48. Disappearances:
49. (1) Rodrigo Rodríguez Sierra, President of the Trade Union of Oil-producing
50. Workers (SINTRAPROACEITES), Copey branch, on 16 February 1995;
51. (2) Jairo Navarro, trade union member, on 6 June 1995.
52. Physical aggression and police repression:
53. (1) Police repression against workers from the Empresas Públicas de Cartagena
54. during a peaceful demonstration on 29 June 1995;
55. (2) police repression against workers from the Empresas de Acueductos y
56. Teléfonos and organized peasants from Tolima who were holding a protest
57. meeting on 14 August 1995. The repression resulted in the death of Fernando
58. Lombana who was a member of the Association of Farmers of Small and
59. Medium-sized Holdings in Tolima (ASOPEMA), the serious injury of three other
60. persons and several arrests (trade union members belonging to the
61. organizations that took part in the protest).
62. Annex II
63. Report of the mission to Colombia carried out from 7 to 11 October 1996 by
64. Professor Santiago Pérez del Castillo
65. (Parts relating to cases pending before the Committee)
66. Contents I. Introduction
67. II. Overview of labour relations in Colombia
68. 1. The actors
69. 2. Violence in general
70. 3. Anti-union violence
71. III. Issues raised by the Committee of Experts
72. (not reproduced)
73. 1. Provisions of Colombian legislation to which
74. the Committee of Experts objects
75. 2. Position of the government authorities
76. and the social partners
77. 3. Impact of the mission on legislation
78. IV. Draft legislation for the ratification of additional
79. Conventions on freedom of association (not reproduced)
80. V. Cases pending before the Committee on Freedom
81. of Association
82. 1. Cases pending
83. 2. Aspects of the problem of violence
84. 3. Information obtained
85. VI. Reflections and concluding remarks
86. Appendices: (Appendices II, III and IV not reproduced)
87. I. List of persons interviewed
88. II. Legislative provisions to which the Committee
89. of Experts objects
90. III. Texts of draft legislation
91. IV. Observations on the cases pending before the
92. Committee on Freedom of Association submitted
93. to the Mission
94. I. Introduction
95. At its December 1995 meeting, the Committee of Experts on the Application of
96. Conventions and Recommendations formulated an observation on the application
97. of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98),
98. by Colombia and requested the Government to take steps to bring its
99. legislation into conformity with the Convention.
100. During the discussion of this case in the Conference Committee on the
101. Application of Standards in June 1996, the Minister of Labour and Social
102. Security, Mr. Orlando Obregón Sabogal, invited the ILO to carry out a mission
103. to his country in order to promote union rights and social dialogue. In this
104. respect, the Committee formulated the following conclusion:
105. The Committee noted the written and oral information provided by the (Minister
106. of Labour and Social Security) and the discussion which followed. The
107. Committee recalled that the Committee of Experts insisted that the Government
108. should take measures to remove the prohibition placed on public employees who
109. were not employees engaged in the administration of the State to conclude
110. collective bargaining agreements. The Committee observed with concern that
111. many complaints of a serious nature were still outstanding and before the
112. Committee on Freedom of Association. The Committee also noted that a draft law
113. which was the result of a tripartite agreement would be presented to the next
114. legislative session. It noted that the Government had invited an ILO mission
115. in order to promote social dialogue and trade union rights. The Committee
116. expressed the hope that, in this context, the next report from the Government
117. would note substantial progress, in law and in practice, with regard to the
118. application of the Convention.
119. Moreover, the Government decided to extend the mission's mandate to: (1) the
120. issues raised by the Committee of Experts on the Application of Conventions
121. and Recommendations in the context of its examination of the application of
122. Convention No. 87 by Colombia; and (2) the complaints presented by various
123. trade union organizations to the Committee on Freedom of Association of the
124. Governing Body. The mission's mandate thus covered both the issues raised by
125. the Committee of Experts with respect to the Freedom of Association and
126. Protection of the Right to Organize Convention, 1948 (No.87), and the Right to
127. Organize and Collective Bargaining Convention, 1949 (No. 98), and the cases
128. pending before the Committee on Freedom of Association (Cases Nos. 1761, 1787
129. and 1896).
130. The Director-General of the ILO appointed me as his representative to
131. undertake this mission, which was carried out from 7 to 11 October 1996. I was
132. accompanied on the mission by Mr. Horacio Guido, an official of the Freedom of
133. Association Branch of the International Labour Standards Department, and Mr.
134. Luis Zamudio, International Labour Standards Specialist with the
135. Multidisciplinary Team based in Lima, Peru.
136. During the mission we met with His Excellency Mr. Orlando Obregón Sabogal,
137. Minister of Labour and Social Security, and senior officials of the Ministry;
138. Mr. Alfonso Valdivieso, General Prosecutor; Ms. Graciela Uribe de Lozano,
139. Director-General for Special Affairs of the Ministry of Foreign Relations; Mr.
140. Luis Eduardo Montoya Medina, the Attorney General; Mr. Carlos Gaviria Díaz,
141. President of the Constitutional Court; the members of the Labour Court of
142. Cassation of the Supreme Court; Mr. José Fernando Castro, the Ombudsman; the
143. National Human Rights Unit; Mr. Edgar González Salas, Head of the
144. Administrative Department for the Public Service; Mr. Carlos Medellín Becerra,
145. Minister of Justice and Law; the Standing Committee on Concertation of Wage
146. and Labour Policies; Mr. Carlos del Castillo, Resident Representative of the
147. United Nations Development Programme (UNDP); and representatives of the Single
148. Confederation of Workers of Colombia (CUT); the General Confederation of
149. Democratic Workers (CGTD); the Confederation of Workers of Colombia (CTC); the
150. National Federation of State Workers (FENALTRASE); the United National
151. Federation of Salaried Employees and Professionals of the State and Public
152. Service (FUTEC); the Single Agricultural Trade Union Federation (FENSUAGRO);
153. the National Association of Manufacturers (ANDI); the National Federation of
154. Merchants (FENALCO); and the Colombian Association of Small and Medium-sized
155. Enterprises (ACOPI). A list of all the persons interviewed is appended to this
156. report (Appendix I).
157. In all the interviews, the mission placed special emphasis on explaining the
158. reason for its presence and its objectives, which were to explain and clarify
159. the observations of the Committee of Experts and explore possible solutions to
160. the problems that had arisen, as well as to collect as much information as
161. possible concerning the cases pending before the Committee on Freedom of
162. Association.
163. I should like to emphasize that the authorities provided us with every
164. assistance in carrying out the mission, as well as a high degree of
165. cooperation, for which I am most grateful. I would also like to express my
166. appreciation to all the persons interviewed for the information they supplied.
167. II. Overview of labour relations in Colombia
168. 1. The actors
169. Since his appointment in January 1996, the Minister of Labour, Mr. Orlando
170. Obregón Sabogal, a prominent former trade union leader, has won a high degree
171. of respect and credibility among the representatives of the various
172. occupational organizations contacted by the mission, who, generally speaking,
173. highlighted his serene personality, which was conducive to dialogue and
174. understanding.
175. The policy pursued is characterized by efforts to bring the social partners
176. closer together, giving priority to formal social concertation, which, the
177. mission found, is considered in the context of the Colombian labour relations
178. system as a most appropriate instrument for the achievement of mutual
179. understanding between employers and organized workers.
180. According to the 1991 Constitution, which was the outcome of efforts to bring
181. peace to the country by establishing a new political pact, "a permanent
182. commission composed of the Government, the representatives of employers and of
183. workers, will promote sound labour relations, contribute to the settlement of
184. collective labour disputes, and coordinate wage and labour policies. The law
185. will regulate its membership and functioning" (article 56, third paragraph).
186. (Endnote 1)
187. The current administration approved an Act elaborating on this provision,
188. which itself drew its inspiration from one of the main advisors of the present
189. Minister of Labour.
190. The Act on the concertation of wage and labour policies, which elaborates on
191. this constitutional mandate, was approved this year (No. 278 of 1996). The
192. same policy orientation is seen in the project entitled "A new culture of
193. labour relations" (Endnote 2). The above-mentioned Act is considered to be one
194. of the main results of this project, as is the tripartite agreement reached on
195. the Act respecting collective bargaining for the public sector. Also worth
196. mentioning is the television programme entitled "Chóquelas", promoted by the
197. authorities: it emphasizes the importance of a system of ethics and a new
198. culture which, while it does not ignore differences or conflict, gives
199. priority to dialogue and understanding. In the conditions prevailing in
200. Colombia today, these values are essential for the development of a culture
201. for peace.
202. Among the state authorities, special mention should be made of the Office of
203. the General Prosecutor. The mission met twice with the General Prosecutor, Dr.
204. Alfonso Valdivieso, who described the efforts being made to combat the
205. impunity of crimes aggravating the serious situation of violence prevailing in
206. the country, and especially those affecting fundamental human rights. He
207. considered that the mission's visit was especially timely and appropriate and
208. expressed his willingness to collaborate fully in achieving its objectives.
209. Within the Office of the General Prosecutor, the Investigations Department,
210. comprising some 4,000 officials, carries out the functions of the judicial
211. police.
212. Another body with responsibility for investigating crimes and for police
213. functions in general is the Security Administrative Department (DAS), which
214. reports directly to the President of the Republic.
215. The office of the Ombudsman, which is part of the Public Ministry, is a
216. supervisory body mandated by article 118 of the Constitution to carry out "the
217. safeguarding and promotion of human rights, protection of the public interest
218. and monitoring of the official conduct of persons in public office". Under the
219. Constitution and the legislation, the supervisory role of the Ombudsman with
220. regard to the promotion and exercise of human rights is confined to the acts
221. and omissions of a specific group of Colombians: public servants. (Endnote 3)
222. As regards workers' organizations, it should be pointed out that out of a
223. total of 11 million workers, some 7 per cent are unionized, according to
224. information provided by one of the three main organizations; another
225. organization placed the figure at around 10 per cent.
226. The confederation with the largest membership and that which has been hit
227. hardest by acts of violence is the Single Confederation of Workers (CUT). It
228. groups together 53 per cent of state employees (SINALTRASE), a large
229. proportion of whom are members of the teachers' organization. A considerable
230. share of the CUT's membership is affiliated to the International Confederation
231. of Free Trade Unions (ICFTU).
232. During the mission there were press reports of the forthcoming elections of
233. this confederation, for which 21 lists of candidates were presented. Press
234. reports estimated the number of members entitled to vote to be as high as
235. 287,000. (Endnote 4) In their interview with the mission, the officers of the
236. confederation placed the number of members at approximately 400,000.
237. Another important trade union confederation is the General Confederation of
238. Democratic Workers (CGTD), which is affiliated to the World Confederation of
239. Labour (WCL). It was the result of a merger between the Confederation of
240. Democratic Workers, founded in 1988, and the CGT. This confederation did not
241. sign the Social Pact of 1995 and maintains that it is openly opposed to the
242. neo-liberal model of Presidents Gaviria and Samper. However, it does
243. participate in the social concertation under article 56 of the Constitution.
244. It is considered to be the main confederation of the private sector, with
245. 380,000 members.
246. In addition to these two confederations, there is a third, the Confederation
247. of Workers of Colombia (CTC), which is affiliated to the ICFTU.
248. Employers' organizations include the National Association of Manufacturers
249. (ANDI), affiliated to the International Organization of Employers (IOE), which
250. is the most representative organization, and the National Federation of
251. Merchants (FENALCO). Both are members of the Social Concertation Commission.
252. Small and medium-sized enterprises are represented by the Colombian
253. Association of Small and Medium-sized Enterprises (ACOPI).
254. The FENALCO is a nationwide organization whose members range from small
255. village shopkeepers to large supermarket chains. According to representatives
256. of the organization, there is hardly any unionization among the workers
257. employed by the enterprises affiliated to it, either because of their small
258. size or because of the prevalent labour relations style.
259. 2. Violence in general
260. One of the mission's objectives was to collect information on the various
261. cases pending before the Committee on Freedom of Association dealing with
262. extremely serious violations of human rights, such as murders, massacres,
263. torture, forced disappearances, etc. These examples are neither recent
264. manifestations nor isolated occurrences, as was confirmed by the mission, and
265. can be seen from a brief glance at this supervisory body's jurisprudence.
266. The mission endeavoured to understand the reasons for the violence and inform
267. itself about some of its manifestations. A large part of the country is
268. sparsely populated. Fifty per cent of the country, the eastern region, only
269. has one million inhabitants compared to the 35 million living in the rest of
270. the country.
271. The prevailing climate of violence in this vast territory has been dragging on
272. for 45 years and is aggravated by the fact, that according to a senior
273. government official, the presence of state authority is widely dispersed in
274. some regions of the country. Among the acts of violence - sometimes marked by
275. unusual cruelty - are a very large number of unsolved cases and, although
276. efforts are being made to combat this situation, understandably the fact that
277. these crimes go unpunished is an additional incentive to repeat them and to
278. commit further violations of human rights. Efforts have been made to
279. strengthen machinery for the investigation and sentencing of crimes, but they
280. do not appear to have borne fruit and, according to some authorities, it does
281. not seem likely that the climate of violence will improve in the near future.
282. A report published in 1996 by the Office of the Ombudsman, (Endnote 5) quotes
283. the Colombian Commission of Jurists as saying that the country "has for over
284. five years registered the highest homicide rate in the world: between 1988 and
285. 1995 the number of homicides averaged 76 per 100,000 inhabitants". The
286. situation is particularly appalling in the Urabá region, where the rate has
287. reached 256 homicides per 100,000 persons. Some towns in the area have
288. registered the following chilling figures: as many as 578 homicides in Carepa,
289. 487 in Chigorodó, 385 in Apartadó and 354 in Turbo. Few cities in the world
290. have achieved this shameful record.
291. The former Ombudsman, Mr. Jaime Córdoba Triviño, goes on to say that all of
292. these alarming figures show that despite the new Constitution that entered
293. into force in 1991, there is not yet a genuine commitment to the fundamental
294. principles enshrined in it in Colombia. These figures also show that the State
295. has failed, either by commission or by omission, to comply with international
296. treaties on human rights. Colombia continues to be one of the most violent
297. democracies in the world, with the most serious situation on the continent in
298. terms of human rights and humanitarian law.
299. "No-one can honestly affirm that in Colombia the State is completely
300. uninvolved in violence. There are still people in the armed forces and police
301. who commit illegal and arbitrary acts in the course of their military and
302. police activities. Today thousands of Colombians are still terrorized by
303. paramilitary groups who enjoy complete freedom of action in areas under
304. military control. People are still murdered, tortured and abducted in the
305. context of repression and armed conflict."
306. "Many of the acts violating or threatening human rights committed in 1995 by
307. Colombian agents of the State also constituted violations of international
308. humanitarian law." The Ombudsman refers to acts and omissions by which those
309. directly involved in hostilities - the combatants - fail to carry out their
310. duties or violate the prohibitions imposed under article 3 of both the Geneva
311. Conventions and additional Protocol II. "The author of an infringement of
312. international humanitarian law may be any person fighting on either side of an
313. armed conflict. In today's international jurisprudence and doctrine, serious
314. violations of humanitarian law are termed war crimes."
315. "Moreover, serious violations of international humanitarian law continued to
316. be committed in 1995 by members of guerrilla units. In particular, these
317. included abductions, hostage taking, murders of persons accused of
318. collaborating with the authorities and irresponsible use of the landmines
319. known as quiebrapatas' (leg breakers) which affect the civilian population.
320. The Ombudsman also made a statement in September 1995 against these criminal
321. acts committed by guerrilla units."
322. A study commissioned by the United Nations Development Programme (UNDP) states
323. that "the intensity and particular mix' of violence has varied from one region
324. to another or from one period to another. In the last century, it was
325. committed by rebel leaders and poorly armed farm labourers fighting in Cauca,
326. Santander and along the Magdalena river. Partially confined to the high
327. plateau in the thirties, violence descended into the lowlands in what was to
328. become the guerrilla warfare-cum-criminal banditism rampant in the
329. coffee-growing region. The FARC originally emerged as peasant self-defense
330. units' in southern Tolima and spread throughout virtually all the colonized
331. areas; the ELN spread from Santander to the oil-producing regions, the EPL
332. settled in the lower coastal lands, the Quintín Lame took over the Cauca, the
333. M19 positioned itself in the valley of the Cauca in an attempt at urban
334. guerrilla warfare; the same went for a whole series of commando units and
335. dissident groups that sprang up in the eighties. The paramilitary movement
336. began in the areas of the large agricultural estates and spread like a cancer
337. as quickly as land was turned over from cultivation to drugs in a sort of
338. agrarian reform', in the middle reaches of the Magdalena river, the foothills
339. or the coastal plains. Medellín suffered from Escobar's drug wars, Cali was
340. beset by raids' and social cleansing' squads, Bogotá is legendary for its high
341. levels of street delinquency and organized crime, Boyacá has succumbed to
342. green fever' several times, César boasts of high abduction figures, while
343. Urabá is being bled white in a multilateral conflict."
344. "Violence that is this persistent in time and this widespread over space must
345. have deep and extensive roots in the society in which it prevails. But
346. violence that is this prone to fluctuate and change over time and from one
347. geographical area to another must also be affected by factors that vary over
348. time and space. There is a single violence in Colombia just as there are many
349. forms of violence. The factors or causes' of violence are also therefore both
350. one and many, just as the solutions that will be needed to eliminate it are
351. both one and many."
352. This text provides a perfect summary of what we have heard about the origins
353. of violence from our various interlocutors: various attempts at classification
354. have been made, but what distinguishes it most of all from that in other
355. countries is the prevalence of private organized groupings, often without any
356. underlying ideological motives or even any other motives whatsoever apart from
357. that of acquiring money through crime. Paramilitary units are not necessarily
358. linked to state security forces, and what we have repeatedly heard during
359. interviews is that there are a variety of armed gangs pursuing a variety of
360. objectives. (Endnote 6)
361. A representative of an employers' organization stated that violence is
362. everywhere and it is often difficult to tell where it comes from. He added
363. that a good share of conflicts in Colombia are dealt with through violence.
364. The justice system is powerless. Despite efforts made by the Government, it
365. moves so slowly that people are not willing to wait and are losing their
366. tolerance.
367. According to the same employers' representative, the violence of the
368. liberal-conservative movement of the fifties gave way to a Marxist-inspired
369. wave of violence in the sixties, which in recent years has been replaced in
370. some cases by that committed by subversive movements involved in the drug
371. trade, which comes into conflict with paramilitary groups, some of which are
372. also linked to drug trafficking. In this context, employers who head large
373. enterprises invest considerable resources in maintaining a high level of
374. protection through security, intelligence and surveillance.
375. During the mission's visit, a prominent leader among agricultural employers
376. (Endnote 7) denounced the fact that guerrillas and drug traffickers rule rural
377. Colombia, ganging up together and using terror to dominate a large part of the
378. country. He affirmed that the production of drugs alone brings in an annual
379. profit of 7 million dollars, more than their income from abductions, robbery
380. and cattle rustling. He added that in 1996, 491 cattle breeders were abducted
381. and 47 farmers who were leaders of occupational associations or cooperatives
382. were murdered. According to the same source, in the first nine months of the
383. year, abductors collected over 242 million dollars only through their
384. operations targeting rural employers. He stated that 35,000 farmers paid some
385. 2.5 million dollars a year in extortion to rural gangs (known as
386. vaccinations') and in sums paid by landowners to employees to check on their
387. property every 30 days.
388. 3. Anti-union violence
389. As stated above, it is easy to see that violence has various origins and
390. various targets. The list of aggressive attacks against the trade union
391. movement is almost endless and new names are being constantly added. Some
392. maintain that these acts are part of a premeditated plan to eradicate the
393. trade union movement. Whatever the case, in accordance with our mission's
394. mandate, it should be emphasized that an impressive amount of violence is
395. targeted against persons holding trade union office or whose physical
396. integrity and personal freedom are attacked solely on account of their trade
397. union activity.
398. Moreover, in this case the problem is compounded by the fact that it is not
399. always clear whether the victim's trade union office or activity as such was
400. the motive for the crime. Cases of guerrilla supporters or violence for
401. private motives were mentioned to the mission. Be that as it may, the
402. situation amounts to a formidable obstacle to the normal exercise of trade
403. union activity and creates a powerful deterrent added to that of
404. discrimination which, as the mission found, this type of activity tends to
405. attract.
406. A further example is the murder on 10 October 1996, during the mission's
407. visit, in Barrancabermeja of a militant trade union leader of the USO in the
408. petroleum industry. The workers employed in the Ecopetrol state enterprise
409. held a 36-hour work stoppage in protest. (Endnote 8)
410. The mission suggested to the Office of the General Prosecutor that it assign
411. its Special Human Rights Unit the task of investigating the murder. To prevent
412. this type of crime from going unpunished will contribute to curbing anti-union
413. violence.
414. Protection of the specific principles of the normal exercise of trade union
415. activity and promotion of participation in occupational organizations would be
416. tangibly improved if public opinion were made aware that the Office of the
417. General Prosecutor was taking special action on attempted murders or murders
418. committed against trade unionists. (Endnote 9) Until now anti-union violence
419. does not appear to have been given special attention in the context of the
420. general struggle against violence in general.
421. The ILO mission found a considerable presence of other agencies of the United
422. Nations system and other international bodies in the joint efforts to combat
423. the serious problem of violence in Colombia. In this context, and with a view
424. to making an appropriate contribution that is consistent with the ILO's
425. international mandate, emphasis was laid on the question as it related to
426. labour relations and the international labour standards on freedom of
427. association, with the Office working alongside the other specialized agencies.
428. III. Issues raised by the Committee of Experts
429. (not reproduced)
430. ...
431. IV. Draft legislation for the ratification of additional Conventions on
432. freedom of association
433. (not reproduced)
434. ...
435. V. Cases pending before the Committee on Freedom of Association
436. 1. Cases pending
437. (for an exhaustive list of the allegations pending see Appendix IV)
438. - Case No. 1761. Complaint presented by the Latin American Central of Workers
439. and the World Federation of Trade Unions. The allegations refer to murders,
440. detentions and other acts of violence against trade union officers and
441. members.
442. - Case No. 1787. Complaint presented by the International Confederation of
443. Free Trade Unions. The allegations refer to murders, disappearances, death
444. threats and other acts of violence against trade union officers and members.
445. - Case No. 1896. Complaint presented by the Latin American Central of Workers.
446. The allegations refer to refusal to recognize the representativity of a trade
447. union organization.
448. 2. Aspects of the problem of violence (causes, impunity, paramilitary groups,
449. drug trafficking, sluggishness of the justice system, protection measures in
450. the event of death threats against trade union members)
451. Before giving an account of the specific information received concerning the
452. various allegations in the complaints pending before the Committee, I felt it
453. appropriate to provide a summary of the numerous observations made by the
454. mission's interlocutors concerning the most serious allegations, which give an
455. idea of the background against which the complaints were presented. These
456. observations, which include important information concerning the general
457. situation in the country, and in particular the situation of workers' and
458. employers' organizations in the current context of violence, entirely reflect
459. the opinions of the persons interviewed, and I have endeavoured to relay them
460. as accurately as possible. In addition, Ministry of Labour authorities
461. highlighted the guerrillas' recent threat to hold an armed strike in Bogotá
462. which would take advantage of a planned education workers' strike, with
463. demonstrations. It should also be pointed out that while the different
464. interlocutors gave figures on the acts of violence committed in the country
465. over the year 1995, they do not always coincide but place the number of
466. murders at between 25,000 and 30,000, not counting other kinds of attack.
467. Government authorities
468. According to the Minister of Labour and Social Security, there is an acute
469. climate of violence. Some circles consider that it should be eliminated by
470. force, while others seek a solution through dialogue and understanding. The
471. guerrilla war in Colombia is one of the most virulent and persistent in the
472. world, having lasted for over 40 years. There are groups which support the
473. guerrilla movement ideologically, while others assist it in various ways.
474. Paramilitary groups emerged in response to guerrilla violence; they are
475. private organizations fighting not only against the guerrilla movement but
476. also against those suspected of assisting it. According to the Minister, over
477. 30,000 persons are murdered in Colombia every year. When there are allegations
478. of detentions of trade union leaders, letters are sent to the Office of the
479. General Prosecutor, requesting priority attention, and the Attorney General
480. and the Ombudsman may be present in order to guarantee due process of law. If
481. the inquiry finds that the trade union leaders are members of the guerrilla
482. movement, this is determined by the judiciary, without interference on the
483. part of the Ministry of Labour. The Ministry of Labour and the Ministry of
484. Defense hold joint meetings to raise awareness of the fact that someone
485. involved in the social struggle is not to be compared with a guerrilla
486. fighter. The army has a human rights commission which invites trade union
487. leaders to express their views on the violence. When the headquarters of a
488. trade union were searched by the army in Tolima, the Ministry requested
489. information and was informed that the search was carried out on account of
490. subversive activities. Every effort is made to take into account the fact that
491. a trade unionist is involved in a social struggle. There are cases of trade
492. union leaders being detained, not for their trade union activity, but because
493. they are suspected of being involved in illicit activities. There has not been
494. a decrease in the unionization rate as a result of the violence. The Ministry
495. strives for recognition of the importance of trade union officers and to raise
496. the status of the trade union movement.
497. According to the General Prosecutor the causes of the widespread violence in
498. the country are the guerrilla war which has lasted for over 40 years, drug
499. trafficking, paramilitary groups and common crime. Trade unionists with
500. right-wing tendencies are murdered by guerrilla fighters, while left-wing ones
501. are killed by paramilitary groups. In reply to the question whether acts of
502. violence are committed against trade unionists because of their trade union
503. activities or membership, he replied that violence of this kind did exist and
504. that it was a very plausible hypothesis, since trade union associations had
505. become politicized. In Urabá political forces are mixed up with trade union
506. organizations. In reply to the question whether trade union officers had been
507. detained on account of their office, he said that they had been detained not
508. specifically for this reason, but for militant subversive activities. He
509. stated that, for example, trade unionists of the USO had been detained for
510. being involved in abductions and other crimes. In reply to the question
511. whether protection could be provided for threatened trade unionists, he stated
512. that this was almost impossible, but that there was a victim and witness
513. protection programme. He admitted that the justice system was sluggish as a
514. result of an excessive case-load and outdated machinery and procedures. He
515. stated further that crime was on the increase, as well as total impunity,
516. which encourages criminals. Lastly, the General Prosecutor stated that
517. improved links would be established with the Ministry of Labour in order to
518. provide more direct follow-up of all cases of murder or attacks against trade
519. union officers and members.
520. The mission visited the National Human Rights Unit (set up in 1996). There
521. they met with a Regional Prosecutor (one of the "faceless" prosecutors, i.e.
522. one who is not known to be a prosecutor), who stated that the main objective
523. of this unit is to do away with impunity. This Prosecutor stated that his
524. office dealt with all of the cases that are hard to handle in the field,
525. specifically because of acts of violence committed against prosecutors. The
526. unit's mandate covers, inter alia, cases involving agents of the State
527. (members of the security forces), or cases of action carried out by
528. paramilitary groups and condoned by the security forces, or those in which
529. violent acts are committed by subversive groups. As regards violence committed
530. against trade unionists, there has been a proliferation of violent acts, with
531. different kinds of violence occurring in each region, with its own peculiar
532. features. In some regions there are agents of the State (members of the
533. security forces) who, in collaboration with landowners, pursue an policy of
534. eliminating subversion. The competence of the "faceless" prosecutors extends
535. to crimes linked to terrorism, large-scale drug trafficking, rebellion, or
536. abductions. Their involvement also depends on whether the victim of the crime
537. is a trade union officer: for example, homicides fall within the competence of
538. sectional prosecutors, but if the evidence shows that the victim is a trade
539. union officer and the presumed motive for his death was his trade union
540. activity, the case is handled by the Regional Prosecutor (the "faceless"
541. prosecutor). According to the "faceless" Prosecutor interviewed by the
542. mission, there are two theories explaining acts of violence against trade
543. unionists: (1) violence against trade unionists is committed on account of
544. their union activity, by paramilitary groups, in line with a general tendency
545. to destroy trade union organizations; and (2) acts of violence against trade
546. unionists are isolated cases, and not part of a systematic repression. The
547. unit is also aware of the existence of acts committed by agents of the State
548. (members of the security forces) in violation of human rights. In a number of
549. situations there is also a problem of conflicting areas of competence between
550. the ordinary justice system and the military penal system.
551. According to the authorities of the Ministry of Foreign Relations and an
552. Advisor of the President's Office for Human Rights, it is very difficult to
553. identify the causes of violence in Colombia and to determine its origins
554. because it is committed by so many different authors (paramilitary groups,
555. common criminals, drug traffickers, guerrillas). They stated that there is the
556. will to make progress and solve human rights problems, but that there are
557. difficulties in the way of eliminating impunity and that no solution has been
558. found to the problem of the guerrilla war and drug trafficking. Specifically,
559. as regards trade unionists who are victims of acts of violence, they stated
560. that the Office receives complaints within its area of competence, but that
561. problems arise from the lack of information given by the authors of such
562. complaints and when more information is required any delay may result in the
563. evidence being lost. In cases of detained trade unionists, the Office
564. endeavours to ensure that procedural guarantees are provided. Many of those
565. concerning whom complaints are made are accused of rebellion or of terrorist
566. acts. They informed the mission that the Office carries out a number of
567. measures to help solve cases in which the victims were members of the trade
568. union movement. Specifically, they refer to the following: (1) including cases
569. affecting unionized workers in the planned nationwide information network on
570. human rights. The main objective of this planned communication network is to
571. develop a nationwide information system that would provide a comprehensive
572. overview of patterns of violence in the country, as well as trends, sectors
573. affected, etc. They added that there was the problem of determining whether a
574. victim was a trade unionist, as well as whether this fact was related to the
575. crime, since in many cases the information available from the sources was
576. minimal, which means that a lengthy process of sifting through other similar
577. cases must be gone through in order to determine whether or not an inquiry has
578. already been undertaken; (2) the machinery for expediting cases, which
579. consists of two types of activity: (a) requests to the authorities carrying
580. out the relevant inquiries to update the case, or requests to initiate
581. inquiries in cases in which complaints have not yet been brought before the
582. competent authority; and (b) the selection of a minimum number of cases, after
583. concertation with the workers' confederations, to be brought before the
584. National Human Rights Unit. The mission was also informed that on 5 July 1996,
585. Act No. 288 was approved, which provides that compensation shall be paid for
586. violations of human rights, as stipulated by the Inter-American Commission on
587. Human Rights and the Human Rights Committee of the International Covenant on
588. Civil and Political Rights. Moreover, the President's Office for Human Rights
589. stated that, as regards threats and protection to be provided to persons who
590. have been threatened, this is a key issue for all the groups affected by
591. violence in the country and the need exceeded the State's capacity to meet it.
592. Support is given to requests for urgent humanitarian action, such as enabling
593. persons threatened with imminent danger to their physical integrity to travel
594. to different areas of the country or abroad. Requests are also made to
595. expedite complaints concerning threats brought before the competent bodies,
596. and the Security Administration Department and National Police are requested
597. to assess the degree to which the person is in danger and the possibility of
598. offering personal security services, but the demand for protection in this
599. country is so high that alternative methods are being envisaged to increase
600. the availability of such services. In the case of victims and witnesses of
601. crimes, the protection programme is the responsibility of the Office of the
602. General Prosecutor, and one of the alternatives now being developed is the
603. establishment within the Ministry of the Interior of a special administrative
604. unit for human rights which will have a special section dealing with the
605. protection of persons who have received threats. It is hoped that this section
606. will be operational at the beginning of the coming year.
607. The Attorney General pointed out that there are still vestiges of an era of
608. armed repression of labour disputes. He informed the mission that the Attorney
609. General's Office takes measures against acts of violence in which the security
610. forces are involved, and that it is possible that the security forces are
611. involved in action targeting trade unionists, since historically a trade
612. unionist was seen as a subversive. He repeated that this attitude is now
613. changing.
614. According to the Ombudsman, the causes of violence in general are as follows:
615. social injustice, marginality (10 million persons are living at income level
616. 1), failure of the Government to meet its promises in terms of health care,
617. education or employment; a guerrilla war that has lasted over 40 years, during
618. which guerrillas have taken over whole municipalities even if they cannot win
619. the war; drug trafficking in its various manifestations (security armies to
620. protect drug lords; some guerrilla groups join the drug trade in order to
621. finance themselves); the paramilitary groups, which have been meting out
622. private justice for years; and the security forces, which sometimes exceed
623. their authority. As regards violence against trade union officers and members,
624. he did not believe that they were the targets of organized violence, nor that
625. there was a state policy against trade unionists; the murders of trade
626. unionists were isolated cases. Violence was on the increase and the guerrilla
627. movement was gaining in strength and taking over municipalities. Common crime
628. had also increased in the cities. In some sectors there was talk of links
629. between the trade union movement and the guerrilla movement on the one hand,
630. and with the military and paramilitary groups on the other. A certain amount
631. of progress had been achieved in the trade union movement and there was some
632. tolerance with regard to trade unions.
633. The Minister of Justice and Law stated that major efforts were being made to
634. disseminate information on the work being done by international organizations
635. and the importance of respect for human rights. He added that a ministerial
636. committee had been set up to examine earlier cases of violations of human
637. rights in order to verify the allegations, and if the State was found guilty,
638. it would have to pay compensation. This Committee has already met, and out of
639. 17 cases examined, the Government had ordered the payment of compensation in
640. 15. He also emphasized the fact that this Committee would not solve the
641. problem of violation of human rights, but that it does imply recognition of
642. the fact that human rights were violated in some cases by the state security
643. forces, respect for international organizations and the emergence of a shift
644. in behaviour and awareness. As regards violence against trade unionists and
645. the fact that crimes go unpunished because they are not solved, the Minister
646. stated that a large part of the problem depends on finding a solution to the
647. conflict of competence between the civil justice system and the military
648. system. According to the Minister, the "current tendency is that if the
649. inquiry is carried out by the military justice system, the decision handed
650. down is normally in favour of the military", which contributes to impunity. In
651. this respect he stated that plans were under way to amend the Code of Penal
652. Procedure, in order to lay down clear rules for conducting trials. He pointed
653. out that the problem lay in determining when human rights had been violated by
654. a member of the security forces and when they had acted on or off duty. He
655. affirmed that his Ministry had given a considerable impetus to the struggle
656. against impunity. He stated that as regards the crime rate, hidden crime had
657. much to do with impunity, since there were many crimes which were not
658. reported. He explained that there was talk of an impunity rate of 97 per cent
659. in the years 1993-94 but that the figures given by the various institutes
660. differ according to the methodology used. Work was currently under way on
661. creating an information system in the justice sector. As regards acts of
662. violence committed against trade union officers and members, he stated that
663. following the process of reconciliation, during which some guerrilla groups
664. had decided to give up the armed struggle, the FARC and the ELN decided to
665. continue fighting. According to the Minister, these guerrilla groups have
666. clear links with the drug trade. Again according to the Minister, the
667. guerrilla group ELN has a direct influence on some trade union organizations,
668. as does the FARC. He added that it was not a total involvement but that much
669. depended on the area of the country. There were some areas in which there were
670. violent clashes between the army and the ELN (for example, in Santander, where
671. the oil refineries were located). When political action is taken by a trade
672. union and FARC or ELN sympathizers or activists are identified, the situation
673. becomes very difficult, since the parties to the conflict target the trade
674. unionists because this is easiest. This situation has led to the creation of
675. paramilitary groups or self-defence groups that are waging a dirty war that
676. goes beyond the traditional army-guerrilla conflict. There have been many
677. cases of abduction by the ELN, which foments hatred, and since the State is
678. unable to resolve these situations, landowners or cattle breeders resort to
679. the use of paramilitary groups. Lastly, the Minister stated that when a trade
680. unionist is persecuted for suspected guerrilla activity, the State attempts to
681. protect him, but it cannot prevent murders or acts of violence from being
682. committed sometimes because a trade union is suspected of having links with
683. the guerrilla movement.
684. Social partners
685. The representatives of the Single Confederation of Workers of Colombia (CUT)
686. stated with regard to violence that they wished to emphasize the subject of
687. impunity. Specifically, they pointed out that: (1) some acts of violence were
688. investigated, but not when trade union leaders were involved; and (2) they
689. were suffering from the tendency to penalize the social struggle, since any
690. social action was seen as guerrilla activity. According to these
691. representatives, it was the paramilitary groups which attacked the CUT most
692. often, and these groups acted on the orders of the army, drug traffickers or
693. employers. The regions in which the highest number of acts of violence are
694. committed against CUT officers and members are Urabá, South of Cesar,
695. Barrancabermeja, Sucre and the Magdalena regions, where acts of violence arise
696. out of land ownership issues or social activism by the workers. They stated
697. that in El Valle attempts had been made to eradicate the trade unions since
698. 1989. The army was arresting trade unionists and accusing them of guerrilla
699. activity and of having committed subversive acts. Trade union officers were
700. being threatened into leaving their jobs. In many cases the threats are made
701. by the army.
702. According to the representatives of the General Confederation of Democratic
703. Workers (CGTD), it was CUT members and officers who had been hit the hardest
704. by acts of violence against the trade union movement; they considered that
705. this was due to their political affiliation or sympathies or was merely on
706. account of their trade union activities. According to these representatives,
707. acts of violence affecting the trade union movement were committed mainly by
708. the guerrilla movement or paramilitary groups. They stated that the latter
709. were backed in the various regions by the military, the police or employers.
710. The representatives of the Confederation of Workers of Colombia (CTC) stated
711. that violence was widespread, and that the labour and trade union movements
712. were targeted by acts of violence because they had taken up the workers'
713. defence. They stated that CTC officers and members had also been victims of
714. violence, but that it was not possible to determine who the perpetrators were,
715. because of the impunity that reigned in the country. They stated that in Urabá
716. some 15 years before, the CTC had been the only organized confederation, but
717. that as a result of the violence, its presence had been considerably reduced.
718. They informed the mission that trade union officers and members were still
719. being murdered and that in the coffee-growing region of Caldas in particular
720. few trade unions had been set up for fear of violence, since people were
721. afraid of being branded as guerrillas if they carried out trade union
722. activities.
723. According to the representative of the Single Agricultural Trade Union
724. Federation (FENSUAGRO) (one of the organizations, along with SINTRAINAGRO,
725. which has been hit hardest by violence in Colombia), what they want from the
726. Government is a clear stand on dismantling paramilitary groups. He felt that
727. there was not the political will to dismantle the paramilitary groups
728. operating in regions such as Urabá, Córdoba, Chocó, Meta or Magdalena Medio.
729. The representative stated that attempts were being made to legalize the
730. paramilitary groups through proposals to set up security cooperatives. He
731. stated that in Urabá the paramilitary groups were formed of persons without
732. links to the military, but that they were trained by the army. Lastly, he
733. pointed out that the violence targeted the trade union movement, that workers
734. wishing to set up a trade union had to do so secretly and that all human
735. rights organizations were accused of being subversive, not only trade
736. unionists. (The representative of the organization handed the mission
737. extensive documents giving an account of acts of violence perpetrated on trade
738. unionists and workers in various areas of the country, but mainly in the
739. banana-growing area of Urabá).
740. The representatives of the National Association of Manufacturers (ANDI) stated
741. that violence permeated all areas of society and that disputes were usually
742. settled through violence, since the State was unable to meet the security
743. needs of the population. They pointed out that the sluggishness of judicial
744. procedures meant that people were unwilling to wait for a solution to come
745. from the authorities, or to tolerate the situation of violence. They pointed
746. our that the violence was perpetrated by subversive left-wing movements that
747. had subsequently converted into drug traffickers/guerrilla fighters with a
748. change in orientation, which came into conflict with paramilitary forces (they
749. also referred to organized gangs of common criminals). Lastly, as regards the
750. impact of violence on the employers' sector, they stated that although they
751. had better means of personal protection, they had to spend large amounts of
752. resources on defending themselves. Employers were also targeted by many
753. threats and attacks, but it was very difficult to determine their origin.
754. 3. Information obtained (see Appendix IV for the observations communicated in
755. each case by the Government to the mission)
756. As regards the allegations of acts of violence committed against trade union
757. officers and members (Cases Nos. 1761 and 1787), the Office of the General
758. Prosecutor and the National Human Rights Unit provided extensive
759. documentation. They stated that it was extremely difficult to obtain
760. information, since all of the national prosecutors had to be contacted
761. individually to elicit information on the cases in which complaints had been
762. made. They pointed out that in many regions the prosecutors were unable to
763. carry out inquiries as a result of acts of violence targeted against them, or
764. because of the situation of conflict between the national army and the
765. guerrilla movement. It should be emphasized that the authorities committed
766. themselves to pursuing the inquiries, in order to be able to provide as much
767. information as possible to the Committee on Freedom of Association.
768. As regards the allegations of anti-union discrimination which had remained
769. pending in Cases Nos. 1787 and 1896, the authorities of the Ministry of Labour
770. have provided information (see Appendix IV).
771. VI. Reflections and concluding remarks
772. Although it is not unusual to find different forms of concertation in South
773. America, this issue is more important in the Republic of Colombia because of
774. the special circumstances prevailing there. Social concertation is an element
775. which has perhaps not been sufficiently emphasized. Closer cooperation between
776. capital and labour would bring tangible improvements to the climate of
777. peaceful coexistence and would make an important contribution to establishing
778. a culture of peace to replace the culture of war. With this in mind, it would
779. seem logical to point out the need for tangible results if this valuable
780. instrument is not to be discredited, especially in view of the fact that in
781. its interviews with some of the social partners the mission heard that some
782. initiatives to achieve consensus on proposed regulations involved months of
783. negotiations and did not produce results.
784. Another institutional element which seems to need strengthening is the
785. judiciary. As is the case in other countries of South America, it is extremely
786. important to have a justice system that is autonomous, flexible and accessible
787. as an instrument which the population is able to trust not only because of its
788. independence but also because of its efficiency and technical capacity. If the
789. population becomes disenchanted with the justice system, it can be assumed
790. that this will be an additional incentive to resort to violence as a means of
791. settling disputes, even individual ones. In the labour field, the mission did
792. not fail to notice the fact that according to the information obtained there
793. are few labour tribunals, at least in the city of Bogotá. In a city with over
794. 7 million inhabitants there are only 16 labour courts of the first instance.
795. As part of the solution to the problem, emphasis should also be laid on the
796. need to stop identifying the trade union movement with communism or left-wing
797. extremism, especially in a context in which different sources assert that
798. left-wing guerrilla groups are involved in drug trafficking, although one
799. cannot talk of drug traffickers as a single category, but only of certain
800. fronts or sections of the drug trade. (Endnote 10)
801. Despite the crisis caused by violence and the political situation,
802. institutions are being maintained. This is probably due to the stable
803. equilibrium of checks and balances between the different powers of the State.
804. While the executive power has the backing of the parliamentary majority, there
805. are other power centres, many of which are jurisdictional, such as the
806. Constitutional Court, the Office of the General Prosecutor, the Supreme Court
807. of Justice, the Attorney General's Office, etc., which form an institutional
808. framework of bodies that are independent of one another, and which seems to
809. contribute effectively to maintaining political stability. In this respect,
810. this can be said to be a country in which there is democratic rule of law, and
811. one which has not had a military government in decades - the last coup d'état
812. occurred in 1953 - making it an exception in the Latin American context.
813. (Endnote 11)
814. Although it can be said that for a country at war Colombia is a country in
815. which democracy prevails, the General Prosecutor was also right in saying that
816. the encouraging climate of democracy cannot conceal the weaknesses of
817. democratic institutions and the difficulties in the way of strengthening them.
818. He added that: There are deficiencies in the institutional and normative
819. framework which limit the effectiveness of state institutions, restrict
820. citizens' involvement and undermine the credibility of democratic
821. institutions. This is why in recent years the country has moved increasingly
822. towards a consensus concerning the importance of governability to support the
823. consistent practice of sustained and equitable development. At the same time a
824. reciprocal phenomenon has occurred, which is the process of strengthening
825. civil society in terms of autonomy, directly linked to greater responsibility
826. and activism of both social and political organizations and of citizens acting
827. individually or in associations in the social, economic and political fields.
828. The main challenge facing democracy if it is to remain in place as a standard
829. of conduct and action of our States is to ensure that economic growth goes
830. hand in hand with equity and that democracy in practice means the full
831. exercise of citizenship.
832. Specifically with regard to the relationship between economic well-being and
833. democratic co-existence, the former Ombudsman pointed out that "the growth
834. achieved by the Colombian economy compared to most Latin American economies
835. has not been translated into benefits for the population; the social debt' of
836. the Colombian State towards its citizens has increased; there has been a
837. deterioration in the situation with regard to human rights, in terms of
838. economic, social and cultural rights". He points out that there is a poor
839. distribution of income and that in addition to the failure of growth to help
840. mitigate poverty, it has been accompanied by an increased concentration of
841. wealth.
842. In his acceptance speech on being awarded an Honorary Ph.D from the University
843. of Boston on 2 October 1996, General Prosecutor Valdivieso stated that: The
844. relationship between justice and development is one of the most important
845. emergencies of the moment in Latin America. Another is the sound exercise of
846. the judiciary system, which has proven invaluable in consolidating the cause
847. of democracy. The emergence of criminal organizations with unlimited economic
848. resources has been more that a match for a state apparatus which is unable to
849. cope with the magnitude of the problem. Add to this obsolete methods of
850. dealing with public problems, inadequate means of state administration, errors
851. in the design of public policies, an outworn legal framework and a weak
852. judiciary, and this is enough to make one overwhelmed with scepticism. But
853. what is worse, the absence of an institutional approach in the exercise of the
854. State's function has opened the way to unlawful practices sponsored by
855. organized crime, which have eroded the credibility of the political
856. leadership. We in Colombia are now regretting our failure to deal decisively
857. with the first manifestations of this phenomenon. Excessive tolerance,
858. permissiveness and irresponsible ignorance of our role in rejecting it has led
859. to this tragic situation which we are now beginning to overcome.
860. What we should like to emphasize in the above is the importance of functioning
861. of the judiciary. A consensus emerged from several interviews to the effect
862. that peaceful conflict resolution, dialogue between persons with conflicting
863. interests, and in general terms, everything that contributes to building a
864. culture of peace, are all based on a jurisdictional system that is flexible
865. and efficient, and one on which the parties to the dispute feel they can rely.
866. As was pointed our by various state authorities, it is obviously urgently
867. necessary to find civilized ways of managing conflict, which will also serve
868. the general interest. If it cannot be overcome, at least it should be feasible
869. to create conditions to prevent it so as to avert de facto situations that
870. constitute formidable obstacles in the way of peaceful coexistence in the
871. conditions currently prevailing in Colombia. "Dialogue is first and foremost a
872. permanent learning process which not only contributes to overcoming conflict,
873. but also leads to a better management of the enterprise and society as a
874. whole." (Endnote 12)
875. I should like to conclude this report by extending special thanks for the
876. assistance provided to me in the mission by Mr. Horacio Guido, who prepared
877. the mission and possesses an exhaustive knowledge of the Colombian cases
878. before the Committee on Freedom of Association, as well as the legislative
879. aspects. I should also like to express my gratitude for the presence of Mr.
880. Luis Zamudio, whose assistance was invaluable in helping me find my way in the
881. country and conducting the various interviews more effectively.
882. I should also like to highlight the very high level of cooperation on the part
883. of the authorities interviewed and the social partners, and to thank them for
884. all the assistance provided.
885. There can be no doubt as to the interest and willingness of the Minister of
886. Labour and Social Security with regard to solving all the problems raised by
887. the Committee of Experts on the Application of Conventions and Recommendations
888. in the context of the application of Conventions Nos. 87 and 98. Specifically,
889. in connection with the mission (before, during or immediately following the
890. mission) two important Bills emerged (one of them, on collective bargaining in
891. the public sector, has already been submitted to Congress), together with a
892. commitment to discuss them in depth in Congress; if they are adopted as they
893. stand, these Bills will overcome the problems raised by the Committee of
894. Experts, except for those relating to strikes in essential services, which are
895. being dealt with in a draft Bill concerning which discussions and
896. consultations are currently being held.
897. Moreover, the desire to promote trade union rights prompted ministry
898. authorities, during the mission, to submit to Congress Bills providing for the
899. ratification of Conventions Nos. 144 and 151, together with a commitment to
900. submit to Congress a Bill concerning ratification of Convention No. 135.
901. As regards the cases still pending before the Committee on Freedom of
902. Association, there is considerable reason for concern at the climate of
903. violence prevailing in the country and affecting all population groups, but
904. with especially severe repercussions for trade union officers and members. The
905. causes underlying this violence, which also affects employers, officials of
906. the judiciary, journalists, politicians and citizens in general, are extremely
907. complex, and although the Government and Congress have adopted and continue to
908. adopt measures to limit the extent of violence (protection programmes for
909. witnesses or persons who have been threatened, put in place by the Office of
910. the General Prosecutor, the setting up of a National Human Rights Unit, etc.)
911. the number of victims is extraordinarily high and judicial inquiries are
912. marked by an extremely high degree of impunity. Another cause for concern is
913. the spread in many areas of the country of paramilitary groups or self-defence
914. units whose acts of violence are added to those committed by drug traffickers,
915. the guerrilla movement, common criminals, and institutionalized violence
916. committed by members of the security forces.
917. The authorities and the social partners are aware of these serious problems,
918. but it is obvious that the problem of violence, apart from new measures and
919. financing, can only be effectively dealt within a wider context: that of
920. achieving social peace, which can only be based on social justice and a
921. gradual elimination of the social conditions leading to injustice, poverty and
922. deprivation. The ideas expressed in the Constitution of the ILO are just as
923. relevant today as they were in 1919.
924. November 1996. Santiago Pérez del Castillo
925. Appendix I
926. List of persons interviewed
927. Ministry of Labour and Social Security
928. His Excellency Mr. Orlando Obregón Sabogal, Minister of Labour and Social
929. Security
930. Mr. Angelino Garzón, Adviser to the Minister of Labour and Social Security
931. Mr. Orlando Rodríguez, Technical Director of Labour
932. Mr. Gabriel Mesa Cárdenas, Director of the Office of International Affairs
933. Mr. Jorge Quiroz Aleman, Head of the Legal Office
934. Mr. Rafael Angel Celis, Regional Director/Cundinamarca
935. Mr. Oscar Moreno López, Head of the Labour Division/Cundinamarca
936. Ms. María Teresa Lozada, Assistant Head of the Office of International Affairs
937. Office of the General Prosecutor
938. Mr. Alfonso Valdivieso, General Prosecutor
939. Mr. Gonzalo Gómez, Adviser of the Office of International Affairs
940. National Human Rights Unit
941. The mission met with a Regional Prosecutor (one of the "faceless"
942. prosecutor's) whose name cannot be revealed because of the nature of his
943. duties (if his identity were revealed it could make him a target of
944. reprisals).
945. Ministry of Foreign Relations
946. Ms. Gloria Elsa León, Human Rights Office
947. Mr. Germán Grisales, Section dealing with specific issues
948. President's Office for Human Rights
949. Mr. Gustavo Fernández, Adviser on cases
950. Constitutional Court
951. Mr. Carlos Gaviria Díaz, President
952. Mr. Alejandro Martínez Caballero, Vice-President
953. Supreme Court of Justice-Labour Court of Cassation
954. Messrs. Iván Palacio, Escobar Enríquez, Méndez and Vásquez Valdez
955. Office of the Ombudsman
956. Mr. José Fernando Castro, Ombudsman
957. Ministry of Justice and Law
958. H.E. Mr. Carlos Medellín Becerra, Minister of Justice and Law
959. Ms. Sandra Alzate, Director-General of International Affairs
960. Ms. Alicia María Londoño, Adviser of the Assistance Office
961. Standing Committee on Concertation of Wage and Social Policies, United Nations
962. Development Programme (UNDP)
963. Mr. Carlos del Castillo, Resident Representative
964. Workers' organizations
965. Single Confederation of Workers (CUT)
966. Mr. Luis Garzón, Secretary General
967. Ms. Bertina Calderón, Vice-President
968. Mr. Héctor José López, Treasurer
969. Mr. William Arlez Escobar, President of SINTRASIDELPA
970. Ms. Castro, Treasurer of the National Federation of State Workers (FENALTRASE)
971. General Confederation of Democratic Workers of Colombia (CGTD)
972. Mr. Mario Valderrama, President
973. Mr. Carlos Bedoya Tavarez, Vice-President
974. Mr. Julio Roberto Gómez Esguerra, Secretary General
975. Mr. José Trujillo, Political Affairs
976. Mr. Mario Fernández, Deputy Secretary General
977. Mr. Bautista, Treasurer
978. Mr. Nelson Caballero Herrera, Secretary of Affairs relating to Social Security
979. and Family Benefit Funds
980. Confederation of Workers of Colombia (CTC)
981. Mr. Apecides Alviz, President
982. Mr. Miguel Morantes, Secretary General
983. Ms. Luz Mary González, Secretary for Women's Affairs
984. Single Agricultural Trade Union Federation (FENSUAGRO)
985. Mr. Víctor Julio Garzón, Secretary General
986. Single Federation of State and Public Service Salaried Employees and
987. Professionals (FUTEC)
988. Mr. Ricardo Díaz, President
989. Mr. Fernando Dávila Villamizar, National Treasurer
990. Employers' organizations
991. National Association of Manufacturers (ANDI)
992. Mr. Alberto Echevarría Saldarriaga, Vice-President for Legal and Social
993. Affairs
994. Ms. Carmen Ramírez Vanegas, Head of Labour Law Department
995. National Federation of Merchants (FENALCO)
996. Ms. Jimena Peñafort, Officer and Legal Adviser
997. Colombian Association of Small and Medium-sized Enterprises (ACOPI)
998. Mr. José Miguel Carrillo Méndez, National Vice-President
999. (Appendices II, III and IV not reproduced.)