Informe provisional - Informe núm. 393, Marzo 2021

1. 80. The Committee has examined the substance of Case No. 2761 on five occasions [see 363rd, 367th, 380th, 383rd and 389th Reports], most recently at its meeting of June 2019, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 389th Report, paras 262–296, approved by the Governing Body at its 336th Session].
2. 81. The Confederation of Workers of Colombia (CTC) sent additional allegations in a communication dated 18 June 2019.
3. 82. The Government sent its observations in communications of February and August 2020, and 24 February 2021.
4. 83. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the cases

1. 84. At its meeting in June 2019, the Committee formulated the following interim recommendations concerning the allegations presented by the complainant organizations [see 389th Report, para. 296]:
   • (a) While taking due note of and appreciating the significant efforts made and the evolution of the results obtained, the Committee urges the Government to continue strengthening its efforts to ensure that all the acts of anti-union violence, murders and other acts reported in the country are cleared up and that the perpetrators and instigators are convicted;
   • (b) The Committee requests the Government to inform it of the impact exerted by the special summary criminal procedure established under Act No. 1826 on the investigations into acts of anti-union violence;
   • (c) The Committee requests the Government to continue providing information concerning, in general, the consultation of the social partners in the framework of investigation procedures relating to acts of anti-union violence and in particular relating to the functioning of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights;
   • (d) The Committee takes due note of the information provided in respect of 114 cases of murder and 58 acts of anti-union violence and requests the Government to continue providing information in this regard;
   • (e) The Committee again requests the Government to inform it of any examination of a case of anti-union violence by the bodies created as part of the peace process;
   • (f) While taking due note of the significant efforts made in this regard, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to all union leaders and members at risk. The Committee especially requests the Government: (i) in the framework of the Timely Action Plan (PAO) to give its full attention to protecting trade unionists and to ensuring that the trade unions and the Ministry of Labour are effectively involved in this mechanism, and (ii) in the framework of the PAO and the appropriate tripartite forums, to identify, in close consultation with the social partners, the main causes of anti-union violence so that policies to prevent anti-union violence can achieve greater impact. The Committee requests the Government to keep it informed in this regard;
   • (g) The Committee expresses the strong hope that the investigations and procedures still under way will lead to the speedy resolution of the allegations made by the Union of Energy Workers of Colombia (SINTRAELECOL) and the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI), and to the conviction of the perpetrators and instigators. The Committee requests the Government to keep it informed in this regard;
   • (h) The Committee urges the Government to take steps to ensure that the Public Prosecutor’s Office conducts the necessary investigations as soon as possible to ensure that all the murders and the attempted murder of leaders and members of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) reported in this case are cleared up and that the perpetrators and instigators are convicted. In this regard, the Committee especially urges that the planning and implementation of the investigations: (i) give full and systematic consideration to possible links between the murders and the victims’ trade union activities, including any complaints of acts of corruption that they may have lodged; (ii) examine possible links between separately reported murders, and (iii) establish the necessary contacts with the trade union to gather all available information;
   • (i) The Committee requests the Government to provide information on the alleged murder of the UTP member, Mr Diego Rodríguez González, and also requests the UTP to provide details of the alleged murder of Mr Manuel Alfonso;
   • (j) The Committee urges the Government to take steps to ensure that the risk status of the UTP leaders, Messrs Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa is assessed immediately and that they are afforded the necessary protection as soon as possible;
   • (k) The Committee invites the UTP to contact the competent authorities in order to clarify the situation of the union leaders, Messrs Julio César García Salazar, Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa and Mauricio Olarte Mahecha; and
   • (l) The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.

B. New allegations

1. 85. In a communication dated 18 June 2019, the CTC reported that on 22 March 2018 an attempt was made on the life of Mr Gustavo Adolfo Aguilar, President of the Union of Public Officials and Employees in the Government and Municipalities of Colombia (SINTRASERPUVAL). The complainant organization states in this regard that: (i) Mr Aguilar was attacked by several individuals while riding his motorcycle on the highway; (ii) one of the attackers activated a weapon which failed to fire and the victim managed to escape and place himself under police protection; and (iii) prior to the attack, Mr Aguilar had reported violations of labour agreements and other administrative irregularities in the town of Riofrío (Valle del Cauca).

C. The Government’s reply

General information regarding acts of anti-union violence and the State’s response

1. 86. In a communication of February 2020, the Government reiterates its emphatic rejection of all acts of violence, whatever the source, and states its intention to move forward with the investigations to clarify the facts and to protect workers, in particular union leaders. It states that every State institution charged with the defence of human rights has made considerable efforts to protect the life and integrity of Colombia’s inhabitants, especially social leaders, including trade unionists.
2. 87. The Government states that Objective 5 of the National Development Plan for 2018–22 provides for the development and implementation of a national government policy of prevention and protection concerned with social and community leaders, journalists and human rights defenders, and that, in accordance with this commitment, on 10 December 2019 the President of the Republic presented guidelines on a comprehensive government policy to uphold and safeguard the work of defending human rights. The Government points out that the development of this policy paid particular attention to an intersectoral approach to State action and to the concentration of violence against social leaders found in rural areas. The Government also states that the Public Prosecutor’s Office is maintaining its strategy of investigating and prosecuting offences against trade unionists, through the prioritization and follow-up of such cases by the elite group formed for this purpose in 2016.
3. 88. In a communication dated 24 February 2021, the Government states that the impunity gap with respect to anti-union violence has been broken, as more than 960 court convictions have been handed down and the number of homicides of trade unionists in the country has been drastically reduced since 2001. The Government indicates in this regard that: (i) from the year 2001 to the year 2017 the reduction in the number of cases of homicides of trade unionists was 94 per cent, from 205 cases in the year 2001 to 15 cases during the year 2017; (ii) 24 cases of homicides of trade unionists were recorded in 2018, 17 in 2019, 14 in 2020 and, to date, one in 2021; and (iii) the number of homicides of trade unionists has, therefore, decreased significantly and it is important to make a distinction in this regard between social leaders and trade union leaders which are two distinct categories, although in some cases the same person may have this dual status.
4. 89. In its different communications, the Government provides detailed information on the results of the investigations and criminal proceedings relating to cases of anti-union violence. Some of these data have also been updated in communications of October and November 2020 addressed to the Committee of Experts on the Application of Conventions and Recommendations (CEACR) and containing material relating specifically to Case No. 2761.
5. 90. The Government refers first to the 84 cases of anti-union violence (79 of them involving homicides) reported in that case, stating that it has made significant progress in 23 cases, to the extent that: (i) 19 cases have already resulted in convictions (a total of 37 sentences handed down); (ii) one case is at the trial stage; (iii) one case is at the enquiry stage with an arrest warrant issued; and (iv) two cases under investigation are showing significant progress. The Government adds that the above-mentioned investigations have been linked to 145 persons, of whom 112 have been deprived of their liberty. In its 2020 communications, the Government also refers to the number of homicides of union leaders (216) investigated by the Public Prosecutor’s Office between 2011 and 2020. The Government states that 42.59 per cent of those investigations have been cleared up: (i) 44 cases have already led to convictions (a total of 60 sentences handed down); (ii) 30cases are at the trial stage; (iii) charges have been brought in ten cases; (iv) six cases are at the enquiry stage with arrest warrants issued; and (v) two cases have been closed. The Government emphasizes that this clear-up rate is far higher than that for homicides in general (30 per cent). The Government states finally that: (i) a total of 815 sentences have been handed down for homicides of trade union members, an increase of 100 sentences with respect to its previous report; (ii) a total of 960 court convictions have been handed down for crimes against trade unionists, with the decongestion courts having handed down 70 such judgments during 2020; and (iii) as of 22 January 2021, of the 14 homicides of trade unionists registered in 2020, three were already at the trial stage while the other 11, as well as the homicide registered in 2021, were the subject of thorough investigations by the Public Prosecutor’s Office.
6. 91. The Government then refers to the response of the public authorities to cases of threats against members of the trade union movement. In this regard, the Government states that the strengthening of investigative capacities to deal with the crime of threats against human rights defenders is an objective defined within the framework of the Public Prosecutor’s Office’s Strategy for the Investigation and Prosecution of Crimes against Human Rights Defenders. The Government indicates that the investigation of this crime represents a real challenge for the work team of the Institution, which is why the following actions have been taken: (i) creation of a National Working Group for the support, promotion and coordination of the analysis, investigation and prosecution of cases of threats against human rights defenders, currently made up of six specialized offices attached to the National Specialised Directorate against Human Rights Violations; (ii) creation of mechanisms (telephone, email) for the reception of threats against human rights defenders that operate 24 hours a day; (iii) creation, thanks to the contributions of the Public Prosecutor’s Office, of the specific criminal offence of threats against human rights defenders, regulated in article 188E of the Penal Code, Law 1908 of July 2018; and (iv) for unionized persons who do not carry out advocacy work for the defence of human rights, existence of article 347 of the Penal Code, relating to threats or intimidation which provides that if the threat or intimidation is made against a member of a trade union organization, a journalist or their family members, because of or on the occasion of the position or function they hold, the penalty shall be increased by one third.
7. 92. The Government adds that the Public Prosecutor’s Office’s objective in terms of threats is not reduced to clarifying a specific case, but rather the institution seeks to associate cases by common criteria to build situations and, as a result, generate greater effectiveness in the use of available institutional resources. To this end, based on a quantitative analysis, priority situations were identified for the investigation of crimes of threats against trade unionists (covering crimes under both articles 188 and 347 of the Penal Code) committed between 1 January 2018 and 31 December 2020, having selected in particular the following criteria: (i) threats related to the exercise of the work of defending human rights; (ii) cases in which the responsibility of a criminal organization is noted; and (iii) the existence of an extreme risk to the life, integrity or security of the persons threatened.
8. 93. The Government indicates that the use of the above criteria made it possible to identify that trade unions in the natural resource extraction sector and those in the education sector are the ones that concentrate the highest number of threats. Geographically, trade union organizations in the Department of Valle del Cauca are particularly affected. In relation to the natural resource extraction sector, the aforementioned prioritization of investigations will allow for the identification of patterns of behaviour that will facilitate the individualization of the perpetrators of threats. As of February 2021, one person has already been arrested for threats against a member of a trade union in the extractive sector. In the education sector, the highest percentage of threats were made against the Executive Committee of the Colombian Federation of Education Workers (FECODE) and some affiliated organizations, with teachers working in rural areas particularly affected. These situations will be taken up by the National Working Group which will support the work of the prosecutors of the Sectional Directorates currently dealing with the cases.
9. 94. Concerning the impact of the summary criminal procedure established by Act No. 1826 of 2017 on the investigations into acts of anti-union violence (Committee recommendation (b)), the Government states that the procedure (which shortens the time frames through a simplified criminal procedure that respects due process, and also establishes the status of private complainant) applies to crimes covered under article 200 of the Penal Code in relation to violation of the rights of assembly and association (article 200 provides for the imposition of fines and, in certain cases, three to five years’ imprisonment). The Government states that, out of the 2,727 cases involving possible violation of article 200 logged with the Public Prosecutor’s Office between 2011 and 20 October 2020, some 91.02 per cent have been concluded and only 8.98 per cent are still under investigation. The Government states the following reasons for the conclusion of these cases: (i) the dismissal of criminal proceedings (1,363 cases); (ii) the halting of criminal proceedings on grounds of either preclusion or the extinguishment of the complaint (520 cases); (iii) withdrawal by the worker or trade union (441 cases); and (iv) conciliation (158 cases).
10. 95. The Government further refers to the consultation of social partners in relation to acts of anti-union violence, and, in particular, to the functioning of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights (Committee recommendation (c)). In this regard, the Government indicates that: (i) the Inter-Institutional Commission, whose membership includes the country’s three most representative main workers’ unions and the Employers Association of Colombia, met on four occasions in 2019, including twice in a regional setting (Pasto and Popayán); (ii) in March 2020, the Commission held a virtual meeting pursuant to the agreements signed in the town of Pasto; (iii) in July 2020, the Commission held its first virtual national meeting, endorsing a series of specific commitments including the holding of meetings between the trade union, the National Police and the National Protection Unit (UNP) and, with the support of the ILO, the systematization of the sentences handed down by the Colombian courts for crimes against trade unionists over the period 2011–20; (iv) the next meeting of the Inter-Institutional Commission is scheduled for September 2020; (v) the Ministry of the Interior shares information on the progress made under the government policy on protection and holds workshops for trade unionists to indicate what they would like the policy to cover; and (vi) in accordance with the guidelines adopted by the Inter-Institutional Commission, the Ministry of Labour organizes round tables and training events on human rights and international labour standards in collaboration with the UNP.
11. 96. Concerning the examination of cases of anti-union violence by the bodies created as part of the peace process (Committee recommendation (e)), the Government forwards a reply given by the Truth Commission which states that: (i) owing to its extrajudicial nature, the Commission does not administer justice and thus lacks the judicial powers to clarify the truth of individual cases and cannot try or sentence anyone; (ii) the Commission cannot pass on any information it receives or produces to the judicial authorities for use in attributing liability in judicial proceedings or as proof, and neither may the judicial authorities request such information; (iii) to date, no information is available on any examination of cases of anti-union violence by the bodies created as part of the peace process; and (iv) the process of clarifying the truth concerning practices and acts constituting gross human rights violations and serious breaches of international humanitarian law, in particular those which are systematic or widespread and perpetrated during the conflict, as well as the complexity of their contexts and the local conditions in which they occurred, as stipulated in article 13(1) of Decree Law 588 of 2017, will be reflected in the final report which the Commission will present to the Colombian public on the completion of its work in November 2021. The Government also forwards the reply given by the Special Jurisdiction for Peace (SJP), which states that: (i) following the request for information, no evidence of a direct or indirect link with the armed conflict was found, and the request goes beyond the remit of the SJP; and (ii) the Chamber for the Acknowledgement of Truth, Responsibility and the Determination of Facts and Conduct, which is charged with prioritizing cases currently known to the SJP, has opened seven cases involving violations of human rights in general.
12. 97. With regard to the protective measures implemented by the Colombian State against anti-union violence, the Government indicates in its communications that: (i) since the launch of the UNP protection programme in 2012, it has carried out 4,262 risk studies involving trade union leaders and activists: (ii) 447 risk assessments were conducted in 2018, with 282 given high-risk status and 168 normal-risk status; (iii) in 2019 the number of assessments fell to 332, with 206 classified as high risk, one as extreme and 125 as normal; (iv) from 1 January to 31 August 2020, the total number of risk assessments conducted was 190, of which 109 were classified as high risk, three as extreme and 111 as normal; (v) in the month of January 2021, 35 risk assessments were carried out with the establishment of 19 extraordinary risk situations and 16 ordinary risk situations; (vi) currently, 296 trade unionists are afforded strict protective measures ranging from a single protection officer to substantial individual and collective arrangements involving armoured vehicles, conventional vehicles and armed protection officers, and (vii) in 2018 the estimated cost of protective measures for trade union leaders was 42,889,000,054 Colombian pesos; in 2019 it was 39,986,188,070 pesos.
13. 98. The Government adds that the departments with the greatest concentrations of protective measures for trade unionists are: (i) Bogotá, where there is a convergence of union head offices, federations and the national executive committees of the main unions, and (ii) Atlántico, Santander, Norte de Santander, Cesar, Antioquia and Valle del Cauca, owing to the public order situation they have experienced over time and the large number of trade unions they accommodate. Concerning the alleged originators of threats received by trade union members, the Government reports that: (i) in 2018, the greatest number of threats were made by the criminal gang, Autodefensas Gaitanistas de Colombia; (ii) in 2019, the primary perpetrators were another criminal gang, Águilas Negras; and (iii) in 2020, the emergence of new agents of threat resulted in the need to strengthen the systems and strategies for protecting social leaders and human rights defenders. The Government adds in its February 2021 communication that, for 2020, out of 196 registered threats against members of the trade union movement, 160 are of unknown origin, 29 are from illegal armed groups, 3 from subversion, one from common crime and 3 from organized crime.
14. 99. With regard to the above-mentioned protective measures, the Government notes, finally, that: (i) the Timely Action Plan has proved an effective mechanism for linking institutions, bringing together territorial actors at all levels of government and facilitating understanding of people’s situations at first hand, especially those of leaders, in order to forge institutional commitments; (ii) the UNP, which is a standing member of the Timely Action Plan and records the risk situations that arise, joins in the activities of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights of the National Committee for monitoring transfers of teachers for security reasons with the Ministry of National Education and FECODE and of the Committee for monitoring teachers under threat with the Secretary of Education of Bogota; and (iii) at the meetings of the Inter-Institutional Commission held in Pasto and Popayán, the issues of possible threats and situations that place trade union members at risk were discussed.

Allegations of anti-union violence made by the Union of Energy Workers of Colombia and the Cali Municipal Enterprises Union

1. 100. Concerning the allegations of anti-union violence made by SINTRAELECOL and SINTRAEMCALI, the Government notes first that, on 30 January 2020: (i) 37 investigations were reported in which the victim of the crime is identified as belonging to SINTRAELECOL (24 investigations of homicide, nine of threats, one of extortion, two of kidnapping and one of attempted homicide), and (ii) nine of these 37 cases are at the sentencing stage, with 21 guilty verdicts handed down involving 27 individuals. Second, the Government notes that: (i) 53 investigations were reported in which the victim of the crime is identified as belonging to SINTRAEMCALI (13 investigations of homicide, 29 of threats, one of criminal conspiracy, one of displacement, one of wounding, one of kidnapping, five of attempted homicide, two of terrorism); and (ii) ten of the 53 investigations are at the sentencing stage, with 24 guilty verdicts handed down involving 28 individuals.

Murders and death threats in the prison sector

1. 101. The Government states that, as of 30 January 2020, there were 43 reported investigations relating to acts of violence (42 involving homicide and one threats) committed against members and leaders of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP). The Government notes that: (i) 12 cases are at the sentencing stage, with 17 convictions against 23 individuals; and (ii) 29 of the remaining 31 cases are active (four at the trial stage, six at the pre-trial or investigation stage and 19 at the preliminary or enquiry stage).
2. 102. Concerning the alleged homicides of UTP members, Messrs Diego Rodríguez González and Manuel Alfonso (Committee recommendation (i)), the Government states that the Public Prosecutor’s Office, having checked its information systems, was unable to fully identify the persons in question. The Government is requesting to be sent their national identity card numbers in order to identify them with certainty. Concerning assessments of the risk status of the UTP leaders, Eleasid Durán Sánchez, Cindy Yuliana Rodríguez Layos, Franklin Excenover Gómez Suárez, Jhony Javier Pabón Martínez and Mauricio Paz Jojoa (Committee recommendation (j)), the Government states that the UNP reports the following: (i) Mr Eleasid Durán Sánchez is receiving protection from the UNP; (ii) the status of Messrs Jhony Javier Pabón Martínez and Franklin Excenover Gómez Suárez was addressed by the UNP in 2015, but no information was received of any risk to and/or direct threats made against the persons concerned; and (iii) after checking its databases and information resources, the UNP could find no request relating to Ms Cindy Yuliana Rodríguez Layos, and thus identity card numbers need to be forwarded in order to rule out namesakes.
3. 103. Finally, concerning the eight UTP union leaders allegedly subjected to threats, in respect of whom the Committee invited the complainant organization to contact the Government in order to clarify their situation (Committee recommendation (k)), the Government forwards the reply of the UNP in which it states that: (i) it is reassessing the risk to Mr Julio César García Salazar, and (ii) checks on the organization’s databases and information resources have revealed no request relating to the other seven persons.

D. The Committee’s conclusions

1. 104. The Committee recalls that Cases Nos 2761 and 3074 relate to numerous allegations of murders of trade union leaders and members and to numerous other acts of anti-union violence.

General information regarding acts of anti-union violence and the State’s response

1. 105. The Committee notes first of all the Government’s statement that the impunity gap with respect to anti-union violence has been broken, with more than 960 court convictions and that the number of homicides of trade unionists in the country has been drastically reduced since 2001. The Committee notes in this respect that the Government indicates that: (i) from 2001 to 2017, the reduction in the number of cases of homicides of trade unionists was 94 per cent, from 205 cases in 2001 to 15 cases in 2017; and (ii) 24 cases of homicides of trade unionists were recorded in 2018, 17 in 2019, 14 in 2020 and, to date, one in 2021.
2. 106. The Committee notes the general information presented by the Government concerning the institutional initiatives taken to clarify acts of anti-union violence and punish the perpetrators. The Committee notes that the Government states that every State institution charged with the defence of human rights has made considerable efforts to protect the life and integrity of all Colombia’s inhabitants, especially social leaders and trade unionists. The Committee notes that the Government emphasizes in particular that, in accordance with the 2018–2022 National Development Plan, on 10 December 2019 the President of the Republic presented guidelines on a comprehensive government policy to uphold and safeguard the work of defending human rights and that the development of this policy paid particular attention to an intersectoral approach to State action and to the concentration of violence against social leaders in rural areas. The Committee also notes that the Government states that the Public Prosecutor’s Office is maintaining its strategy of investigating and prosecuting offences against trade unionists through the prioritization and follow-up of such cases by the elite group formed for this purpose in 2016. The Committee notes further the information provided by the Government concerning meetings held at both regional and national level by the Inter-Institutional Commission for the Protection and Promotion of Workers’ Human Rights, in which the representative workers’ and employers’ organizations and the various public authorities charged with protecting human rights in Colombia worked actively together.
3. 107. The Committee further notes that the Government forwards the comments of the Truth Commission and the SJP concerning possible examination of cases by the bodies created as part of the peace process. The Committee observes that these reveal the following: (i) the Truth Commission has no information to date on any examination of cases of anti-union violence by the bodies created as part of the peace process; (ii) the Commission will make present its final report to the Colombian public at the completion of its work in November 2021; and (iii) the subject matter of the information request goes beyond the remit of the SJP.
4. 108. The Committee further notes the information provided by the Government concerning progress made in clarifying and prosecuting the acts of anti-union violence committed in Colombia. With regard to 84 cases of anti-union violence (79 of which were homicides) reported between 2010 and 2012 in the present case, the Committee notes the information from the Government that: (i) 19 cases have resulted in 37 convictions; (ii) one case is at the trial stage; (iii) one case is at the enquiry stage with an arrest warrant issued, and (iv) two cases under investigation are showing significant progress. The Government adds that the above-mentioned investigations have been linked to 145 persons, of whom 112 have been deprived of their liberty. The Committee also notes the material provided by the Government concerning a total of 216 investigations relating to homicides of trade union members, conducted by the Public Prosecutor’s Office between 2011 and 2020. The Committee notes the indication by the Government that 60 sentences have been handed down in 44 cases and that 42.59 per cent of the investigations have been cleared up, a rate which exceeds the average for homicides in general (30 per cent). The Committee notes, finally, the information provided by the Government in 2021 on the results of the investigations into all acts of anti-union violence committed across the country. The Committee observes that the Government states that: (i) 815 sentences have been handed down for homicides of trade union members, representing an increase of 100 cases since the Government reported in February 2019; and (ii) a total of 960 court convictions have been handed down for crimes against trade unionists, with the decongestion courts having handed down 70 rulings in this regard during 2020.
5. 109. The Committee also notes the detailed information provided by the Government on the measures taken to increase the effectiveness of investigations into threats against members of the trade union movement. In this respect, the Committee takes particular note of: (i) the creation of a National Working Group for the support, promotion and coordination of the analysis, investigation and prosecution of cases of threats against human rights defenders; (ii) the creation in July 2018 of the specific criminal offence of threats against human rights defenders, regulated in article 188E of the Penal Code and the existence in article 347 of the Penal Code, relating to threats or intimidation of an aggravating circumstance in the event that the victim is a member of a trade union organization or journalist; and (iii) the prioritization, based on a series of criteria (in particular the relationship between the threats and the human rights activities of the affected trade unionists , indications of the involvement of a criminal organization in the threats, extreme risk to the life, integrity or security of the persons threatened) of the investigation of certain crimes of threats against trade unionists committed between 2018 and 2020 with a view to linking cases and, as a result, generating greater effectiveness in the use of available institutional resources.
6. 110. The Committee notes that it stems from the initiatives described above that: (i) trade unions in the natural resource extraction sector and the education sector are the most affected by crimes of threats; and (ii) the prioritization of investigations will make it possible to identify patterns of behaviour that will facilitate the identification of the perpetrators of threats, and that by February 2021, one person had been arrested for threats against a member of a trade union in the extractive sector.
7. 111. The Committee also notes the indication by the Government that the summary criminal procedure established by Act No. 1826 of 2017 (which shortens the time frames through a simplified criminal procedure that respects due process, and also establishes the status of private complainant) applies to crimes covered under article 200 of the Penal Code in relation to violation of the rights of assembly and association (article 200 provides for the imposition of fines and, in certain cases, three to five years’ imprisonment). While noting that the Government indicates that 91.02 per cent of 2,727 possible cases of violation of article 200 of the Penal Code logged with the Public Prosecutor’s office have been concluded, the Committee observes that it has no information available on the number of sentences handed down in this respect.
8. 112. While noting with concern that the majority of the many cases of homicide and other acts of anti-union violence that have occurred across the country in general, and those reported in this case in particular, remain unpunished, the Committee welcomes the significant increase in sentences handed down for homicides of trade unionists. It notes especially that, regarding the 84 cases of homicide and attempted homicide reported in this case between 2010 and 2012, since the previous examination of the case, 12 new sentences have been handed down and three additional homicides are at the sentencing stage. Welcoming the various initiatives taken to increase the effectiveness of investigations into threats against trade unionists and noting that the criteria for prioritization of investigations focus on cases in which the victims are engaged in human rights activities, the Committee trusts that the Government will ensure that trade unionists are fully included in this priority and that it will be able to report significant progress in the results of such investigations. While aware of the complex challenges facing the bodies responsible for criminal investigations, the Committee is, moreover, once again bound to note the absence of data on the number of convictions of perpetrators and instigators of acts of anti-union violence. The Committee emphasizes in this regard that the investigations should focus not only on the individual perpetrator of the crime but also its instigators, with the aim of ensuring that justice is fully done and significantly preventing future acts of violence against trade union members.
9. 113. While welcoming the significant action taken by the public authorities and the growing number of sentences handed down, the Committee, given the extent of the challenges facing the country in dealing with anti-union violence and impunity, urges the Government to continue strengthening its efforts to ensure that all the acts of anti-union violence, homicides, threats and other acts reported in the country are cleared up and that the perpetrators and instigators are convicted. The Committee particularly hopes that all further steps will be taken and all necessary resources committed in order to ensure that the investigations and criminal procedures relating to the acts of anti-union violence reported in this case are made significantly more effective in identifying and punishing the instigators. The Committee requests the Government to provide detailed information in this regard.
10. 114. Concerning the steps taken by the public authorities to prevent acts of anti-union violence and protect trade union members at risk, the Committee takes due note, first, of the institutional initiatives taken in the framework of the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights and the Timely Action Plan to facilitate dialogue between the competent authorities and the trade unions concerning the acts and risks of violence to which the latter are exposed. The Committee also duly notes the detailed information from the Government concerning the work of the UNP, according to which: (i) from 1 January 2019 to 31 January 2021, the UNP conducted 649 risk assessments of union leaders and members; (ii) currently, 296 union leaders and members are afforded strict protective measures, and (iii) in 2019, the cost of the measures taken by the UNP to protect union leaders and members amounted to 39,986,188,070 pesos. The Committee notes in addition the detailed information provided by the Government concerning the geographic distribution of the risk assessments made and the various perpetrators of the threats received. In this regard, the Committee notes in particular the statement by the Government that the emergence of new agents of threat in 2020 has necessitated the strengthening of the systems and strategies for protecting social leaders and human rights defenders. In this connection the Committee also notes that, although a significant decrease in the number of victims has been seen since 2001, the Government is still reporting new homicides of trade unionists across the country.
11. 115. While welcoming the significant efforts of the public authorities to protect against anti-union violence and the consultations held with the social partners by the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights, the Committee cannot but observe with deep concern the persistently high number of homicides and other acts of anti-union violence in the country and the emergence, pointed out by the Government, of new agents of threat. The Committee recalls, in this regard, that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed [see Compilation of decisions of the Freedom of Association Committee, sixth edition (2018), para. 82]. In these circumstances, the Committee urges the Government to continue strengthening its efforts to afford adequate protection to all the trade union leaders and members exposed to risk. With a view to ensuring that the policies to prevent anti-union violence achieve greater impact, the Committee especially urges the Government to continue to encourage, in the framework of both the Timely Action Plan and the Inter-Institutional Commission for the Promotion and Protection of Workers’ Human Rights, as well as the appropriate tripartite forums, close dialogue between the unions and the various competent authorities. The Committee requests the Government to keep it informed in this regard.

Allegations of violence presented in 2014 by the Union of Energy Workers of Colombia and the Cali Municipal Enterprises Union

1. 116. The Committee takes note of the information provided by the Government concerning all investigations relating to cases of violence in which the victims were either members of SINTRAELECOL or members of SINTRAEMCALI. While taking due note of this information, in particular the number of convictions achieved in this regard (21 and 24 respectively), the Committee recalls that: (i) the allegations of anti-union violence presented by those organizations in Cases Nos 2761 and 3074 refer to specific acts of anti-union violence (in respect of SINTRAELECOL the wounds suffered in 2014 by Mr Oscar Arturo Orozco and the death threats to which Mr Oscar Lema Vega was subjected and, in respect of SINTRAEMCALI, the attack of April 2014 on the headquarters of the organization and the vehicle of one of its leaders); and (ii) in its previous examination of these cases, the Committee expressed the strong hope that the investigations and proceedings under way would lead to a speedy determination of the facts and the conviction of the perpetrators and instigators, and requested the Government to keep it informed in that regard. Based on the foregoing, the Committee again requests the Government to inform it of the progress of the investigations and proceedings under way in connection with the specific events reported in 2014 by SINTRAELECOL and SINTRAEMCALI.

Allegations of anti-union violence in the prison sector

1. 117. In connection with the reported murders of 21 UTP members, including three union leaders, between 5 June 2012 and 24 October 2016 and the attempted homicide of another UTP leader on 4 June 2015, the Committee notes the general information provided by the Government on the situation as of 30 January 2020 and on all the investigations relating to cases of violence against UTP members and leaders, and its report of the existence of 43 investigations in this regard (42 involving homicide and one threats). The Committee notes the information from the Government that, in this connection: (i) 12 cases are at the sentencing stage, with 17 convictions handed down to 23 persons; and (ii) a further 29 cases are active (four at the trial stage, six at the pre-trial or investigation stage and 19 at the preliminary or enquiry stage).
2. 118. The Committee takes due note of this information, in particular the handing down of 17 convictions. The Committee observes at the same time that it has no information on the motives behind the homicides for which convictions were handed down, or on whether the convicted persons were both instigators and perpetrators of the acts and whether the sentencing process identified any links between the individual murders of UTP members. The Committee therefore urges the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are cleared up and that the perpetrators and instigators are convicted. The Committee also requests the Government, in relation to the incidents reported in this case, to provide detailed information on the progress of the investigations underway and on the content of the sentences handed down.
3. 119. Concerning the alleged homicide of the UTP members, Messrs Diego Rodríguez González and Manuel Alfonso, the Committee notes that the Government states that the Public Prosecutor’s Office, having checked its information systems, was unable to fully identify the persons in question and requests that it be sent their national identity card numbers so that they can be identified with certainty. Based on the above, the Committee invites the UTP and the Government to come into contact and complete the identification process.
4. 120. Concerning the alleged death threats made against various UTP leaders and the corresponding protective measures taken by the UNP, the Committee notes the information provided by the Government in respect of Messrs Julio César García Salazar, Eleasid Durán Sánchez, Jhony Javier Pabón Martínez and Franklin Excenover Gómez Suárez. The Committee also notes that the Government states that, for Ms Cindy Yuliana Rodríguez Layos, identity card numbers are needed in order to rule out namesakes. The Committee further notes that: (i) the Government has not provided the requested information on the risk status of Mr Mauricio Paz Jojoa, and (ii) the complainant organization has not provided the requested information on Messrs Roberto Carlos Correa Aparicio, Gerson Méndez, Carlos Fabián Velazco Virama, Rafael Gómez Mejía, Helkin Duarte Cristancho, Óscar Tulio Rodríguez Mesa and Mauricio Olarte Mahecha (for all of whom the UNP states that it has not received any request for protective measures). In these circumstances, the Committee requests the Government to provide the requested information concerning the risk assessment for Mr Mauricio Paz Jojoa. The Committee also invites the UTP and the Government to come into contact to complete the definitive identification of Ms Cindy Yuliana Rodríguez Layos.
5. 121. Observing finally that the Government, in connection with the UTP members, reports one case of threats under investigation, whereas, in its initial complaint, the UTP cites 31 members and leaders as having been subjected to death threats, the Committee requests the Government to ascertain that all the allegations of threats against UTP members or leaders have led to investigations intended to identify and punish the perpetrators.

New allegations

1. 122. The Committee notes the allegations presented by the Confederation of Workers of Colombia (CTC) in a communication dated 18 June 2019 concerning an attack on Mr Gustavo Adolfo Aguilar, President of SINTRASERPUVAL, on 22 March 2018. The Committee notes that the complainant organization states that Mr Aguilar was attacked by assailants whose weapon failed to fire and that the victim, prior to the attack, had reported violations of labour rights by the municipal council in Riofrío (Valle del Cauca). The Committee recalls, in this regard, that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed, that the exercise of trade union rights is incompatible with violence or threats of any kind and that it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind [see Compilation, paras 82 and 88]. The Committee therefore requests the Government to take all necessary steps to afford protection to Mr Aguilar and to ensure that the necessary investigations are carried out to promptly identify and punish the perpetrators and instigators of the attack which took place in March 2018. The Committee requests the Government to keep it informed in this regard.