Informe provisional - Informe núm. 407, Junio 2024

1. 106. The Committee has examined the substance of Case No. 2761 on seven occasions [see 363rd, 367th, 380th, 383rd, 389th, 393rd and 401st Reports], most recently at its meeting of March 2023, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 401st Report, paras 323–362, approved by the Governing Body at its 347th Session].
2. 107. The Government sent its observations in communications dated September 2023 and April 2024.
3. 108. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 109. At its meeting in March 2023, the Committee made the following interim recommendations concerning the allegations presented by the complainant organizations [see 401st Report, para. 362]:
   • (a) The Committee welcomes the significant action taken by the competent authorities to ensure that the fight against anti-union violence constitutes a State priority through broad inter-institutional coordination and takes note of the progress reported in the investigations of the acts of anti-union violence. The Committee 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 once again requests the Government to provide detailed information in this regard.
   • (b) The Committee welcomes the significant actions carried out by the competent authorities for the protection of members of the trade union movement exposed to risk and, in particular, the significant increase in the budget of the UNP, as well as the regular consultations held with the social partners within the Inter-institutional Commission for the Promotion and Protection of Workers’ Human Rights. The Committee urges the Government to continue strengthening its efforts to afford adequate protection to members of the trade union movement exposed to risk. With a view to ensuring that the policies to prevent anti-union violence achieve greater impact, the Committee particularly urges the Government to:
     • (i) in the framework of the institutional initiatives and forums for the protection of human rights defenders and social leaders, continue to give the necessary attention to the specific situation of members of the trade union movement at risk; and
     • (ii) provide updated information about the measures taken to prevent acts of anti-union violence in the main risk areas at the regional and sectoral level, which the Government brought to the attention of the Committee at its previous examination of the case. The Committee requests the Government to keep it informed in this regard.
     (c) The Committee 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 once again requests the Government, in relation to the incidents reported in this case, to provide detailed information on the progress of the investigations under way and on the content of the sentences handed down. (d) The Committee requests the Government to keep it informed of any new information that permits the reopening of the investigations into the acts of anti-union violence against leaders of SINTRAELECOL, SINTRAEMCALI and SINTRASERPUVAL reported in this case and to ensure that any new potential risk for members and leaders of those organizations gives rise to an immediate response from the competent authorities. (e) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgency of this case.

B. The Government’s reply

1. 110. In its communications of September 2023 and April 2024, the Government indicates that Act No. 2272 of 4 November 2022, amending and extending Act No. 418 of 1997 on “total peace”, and Act No. 2294 of 2023, issuing the “Colombia, World Life Power” National Development Plan 2022–26, have been adopted. The Government states that the National Development Plan seeks to establish total peace and guarantee the rights of victims amid the ongoing armed conflict. The Government adds that the main elements of the Act on total peace are being developed, which will allow dialogues to be initiated with all the high-impact organized crime and armed structures that wish to submit to justice, with a view to dismantling them and reducing the levels of violence to ensure the fundamental rights of all citizens.
2. 111. The Government then refers to the collective reparation of the trade union movement under Act No. 1448 of 2011 (known as the Victims and Land Restitution Act). It states that this process entails recognition of the harm suffered by the trade union movement and its members during the armed conflict, as well as the obligation of the State to make full reparations and prevent the reoccurrence of acts of victimization. The Government indicates that the trade union movement is registered for collective reparation under resolution No. 2023-31247 of 24 March 2023. On 14 August 2023, the process of collective reparation of the trade union movement officially began, and on 14 September, the President of the Republic and the Minister of Labour publicly paid homage to the 3,323 trade unionists murdered between 1971 and 2023, to the 449 victims of homicide attempts, to the 254 victims of enforced disappearances, to the 7,884 who have received death threats and to the 1,987 workers and leaders who have been displaced. The Government states that reparations will be made through both symbolic actions (visibility by the Government of the collective struggles to defend workers) and material actions (support to stop stigmatization, increase membership, end the anti-union culture in the business sector and eliminate violence).
3. 112. In its two communications, the Government refers to the information provided by the Public Prosecutor’s Office on the progress made in the investigations of homicides and other acts of anti-union violence. In the communication dated September 2023, it indicates that, between 1 January 2020 and the sending of the communication, 45 homicides were reported to the Public Prosecutor’s Office. The Public Prosecutor’s Office states that the implementation of its investigative strategies has led to progress in the elucidation of 53.33 per cent (24 cases) of homicides under investigation in the ordinary courts, with the following results: (i) sentences are being served in 4 cases; (ii) 6 cases are at trial; (iii) 7 cases are at the indictment stage; (iv) 6 cases are under investigation with arrest warrants issued by a judge; and (v) 1 case has been closed due to the death of the accused.
4. 113. The data from the Public Prosecutor’s Office sent by the Government in its communication of April 2024 refer, first, to the homicides of members of the trade union movement reported between 1 January 2011 and 31 December 2023, indicating that in 52.36 per cent of the cases, the perpetrator has been identified and that the corresponding criminal proceedings are in progress. The Public Prosecutor’s Office also indicates that in 2023 it was informed of eight homicides of trade unionists, which are being investigated in the ordinary courts, and that, to date, the perpetrators have been identified in half the cases, one case is at trial, charges have been laid in two cases and a judge has issued an arrest warrant in one case. Lastly, the Government adds that it has asked the Public Prosecutor’s Office for more information on the progress made in the identification of the instigators of the homicides of members of the trade union movement and that it is awaiting information from the Office.
5. 114. The Government then reiterates that the investigation and prosecution of crimes against trade unionists is a priority for the Public Prosecutor’s Office and that, as it has stated on previous occasions [see, in particular, the previous examination of the case, 401st Report, para. 328], the Office has had a specific and different strategy for the investigation of these crimes since 2016, led by the Offices of the Public Prosecutor and the Deputy Public Prosecutor. The Government recalls that this strategy, which duly takes into account the main risk areas at the regional and sectoral level, is based on the following four points: (i) analysis of the crimes that have the greatest impact on trade unionists in the course of their work: homicides, violation of the rights of assembly and association, and threats; (ii) definition of the selection of prioritized cases and situations; (iii) inter-institutional coordination with the Ministry of Labour; and (iv) training to strengthen the investigation of prioritized crimes. The Government adds that the Public Prosecutor’s Office, through the Directorate for High-level Studies, offers specific training courses for prosecutors and investigators of cases so that they can develop tools enabling them to understand aspects related to criminal law, as well as those related to freedom of association and assembly.
6. 115. With regard to threats against members of the trade union movement, the Government once again describes the main points of this strategy [see the last two examinations of this case, 393rd Report, paras 91–93, and 401st Report, para. 332]. The Government reiterates that the National Working Group on Threats against human rights defenders and other specific populations, attached to the Specialized Directorate against Human Rights Violations, established in 2021, has a prosecutor for threats against trade unionists. The Government adds that: (i) particularly in relation to the cases of the Colombian Teachers’ Federation (FECODE), the specialized office of the National Working Group on Threats has been implementing a comprehensive strategy with the active participation of the judicial police and the National Protection Unit (UNP); (ii) Directive No. 0008 of 2023, updating the guidelines on the investigation and prosecution of crimes against human rights defenders, was issued; and (iii) in January 2024, the guide on investigating threats against human rights defenders and specific populations was issued.
7. 116. The Government also provides data on the protection measures provided to members of the trade union movement by the UNP through the Prevention and Protection Programme. The Government indicates that between 1 September 2020 and 14 May 2023, the UNP dealt with the following number of requests: 1,100 in 2020, 726 in 2021, 1,196 in 2022 and 493 in 2023, for a total of 3,515. The UNP conducted 1,823 individual risk assessments that were classified as high (935), extreme (7) and ordinary (881).
8. 117. The Government then includes the information provided by the Public Prosecutor’s Office on the acts of anti-union violence against the leaders and members of the Single Trade Union Association of Public Employees in the Colombian Prison System (UTP) reported under Case No. 3074. The Public Prosecutor’s Office begins by stating that with respect to the 43 investigations conducted into the homicides and attempted homicide of UTP members, proceedings have progressed in 51.16 per cent of cases (22 cases). As to these 22 cases, the Public Prosecutor’s Office specifies that sentences are being served in 11 cases, 3 cases are at trial, 4 cases are under investigation and 4 cases have been closed due to the death of the accused. In relation to the alleged threats against UTP members, the Public Prosecutor’s Office indicates that: (i) 23 investigations have been conducted, 1 of which is still active with investigative work being carried out by the judicial police; and (ii) the Office of the Deputy Public Prosecutor is in regular contact with the national president of the UTP in order to continue monitoring the incidents reported by its members and to ensure that in these cases all existing tools in the administration of justice are used to ensure the full application of due diligence.
9. 118. Regarding the discontinuation of the protection measures for Mr Gustavo Adolfo Aguilar Gutiérrez, President of the Union of Public Officials and Employees in the Government and Municipalities of Colombia (SINTRASERPUVAL), the Government indicates that, according to the information provided by the UNP, Mr Aguilar Gutiérrez has been reluctant to have the UNP reassess his risk status, which prevents it from being able to establish the real risk to which he is exposed. The Government adds that urgent responses to imminent situations of risk to trade union leaders is a state priority. Lastly, the Government notes that the criminal investigation into the events of 22 March 2018 reported by Mr Aguilar Gutiérrez was closed due to a decision to shelve the case because it was impossible to find or establish a perpetrator. The Government reiterates that in cases that are shelved for this reason, the prosecutors in charge of the case may reopen the proceedings should they obtain new information or evidence that warrants the continuation of the investigation.

C. The Committee’s conclusions

1. 119. The Committee recalls that Cases Nos 2761 and 3074 relate to the alleged murder of numerous leaders and members of the trade union movement and to many other acts of anti-union violence. The Committee recalls that in its previous examination of the case, it welcomed the significant action taken by the competent authorities to ensure that the fight against anti-union violence constitutes a State priority through broad inter-institutional coordination and took note of the progress reported in the investigations of the acts of anti-union violence.
2. 120. The Committee, while referring to its previous examination of the State’s strategy to combat anti-union violence [see 401st Report, para. 330], takes note of the information provided by the Government on the ongoing, strengthened and updated actions taken in this regard. As to specific measures to further improve the effectiveness of investigations into acts of anti-union violence, the Committee notes that the Government refers to: (i) the issuance of Directive No. 0008 of 2023 “updating the guidelines on the investigation and prosecution of crimes against human rights defenders”; (ii) the issuance in January 2024 of the guide on investigating threats against human rights defenders and specific populations; and (iii) particularly in relation to the threats against FECODE, the implementation of a comprehensive strategy by the specialized office of the National Working Group on Threats with the active participation of the judicial police and the UNP.
3. 121. The Committee also takes note of the information provided by the Government on the results achieved with respect to investigating, solving and punishing the homicides of trade unionists, noting that: (i) in 52.33 per cent of the homicides of members of the trade union movement reported between 2011 and 2023, the perpetrators have been identified and the relevant criminal proceedings are in progress; (ii) as to the 45 homicides of members of the trade union movement that were reported between 2020 and 2023 and are being investigated in the ordinary courts, there is a progress rate of 53.33 per cent (24 cases) with the following results: sentences are being served in 4 cases, 6 cases are at trial, 7 cases are at the indictment stage, 6 cases are under investigation with arrest warrants issued by a judge and 1 case has been closed due to death of the accused; and (iii) of the 8 homicides of trade unionists that were brought to the attention of the Public Prosecutor’s Office in 2023 and are being investigated in the ordinary courts, to date, the perpetrators have been identified in half the cases, 1 case is at trial, charges have been laid in 2 cases and a judge has issued an arrest warrant in 1 case.
4. 122. In addition to the criminal response to acts of anti-union violence, the Committee takes note of the information provided by the Government on the general policy of total peace that it is promoting to put an end to violence in the country, as well as the actions taken in recognition of the trade union movement as a collective victim of the violence that has affected the country and the corresponding reparation measures that are being adopted in this regard.
5. 123. The Committee takes due note of these various elements and welcomes the efforts made and the results achieved in the criminal justice response to the homicides of members of the trade union movement. The Committee notes that, since its last examination of the case, the percentage of homicides of members of the trade union movement reported since 1 January 2011 in which the perpetrators have been identified has, based on the information provided by the Government, risen from 44.69 per cent to 52.36 per cent. The Committee also takes due note of the crucial work that the UNP continues to carry out to provide adequate protection to members of the trade union movement exposed to risk. In this regard, the Committee takes note of the information sent in 2023 by the Government to the Committee of Experts on the Application of Conventions and Recommendations indicating that the UNP protects roughly 300 trade union members per month through the provision of communication devices, bullet-proof vests, emergency buttons, bodyguards, conventional vehicles and armoured vehicles.
6. 124. At the same time, the Committee notes with deep concern that anti-union violence persists in the country, with eight new homicides referred to the courts in 2023. The Committee also notes that, despite the efforts made and the progress achieved by the criminal justice system, a significant proportion of the homicides of members of the trade union movement committed since 2011 remain unsolved and the perpetrators have not been convicted. While noting the Government’s indications that it will send the information provided by the Public Prosecutor’s Office in this regard, the Committee once again notes the absence of data on the identification and conviction of instigators of acts of anti-union violence. The Committee once again emphasizes in this regard that the investigations should focus not only on the individual perpetrator of the crime but also its instigators, with the aim of ensuring that justice is fully done and significantly preventing future acts of violence against trade union members.
7. 125. In the light of the above, while welcoming the significant actions taken in this regard and in accordance with the policy of recognition and collective reparation for the harm suffered by the trade union movement and its members, the Committee requests the Government to continue intensifying inter-institutional efforts to, on the one hand, solve and punish all cases of anti-union violence and, on the other hand, effectively protect members of the trade union movement exposed to risk. The Committee specifically requests the Government to: (i) provide detailed information on the identification and punishment of instigators of acts of anti-union violence and the specific efforts made in this regard; and (ii) provide updated information about the measures taken to prevent acts of anti-union violence in the main risk areas at the regional and sectoral level, which the Government brought to the attention of the Committee at its previous examinations of the case [see 393rd Report, para. 93].
8. 126. With regard to the acts of anti-union violence against UTP leaders and members reported in Case No. 3074, the Committee takes note of the information from the Public Prosecutor’s Office provided by the Government, according to which: (i) proceedings have progressed in 51.16 per cent of cases (22 cases) with respect to the 43 investigations conducted into the homicides and attempted homicide of UTP members, with sentences being served in 11 cases, 3 cases at trial, 4 cases under investigation and 4 cases closed due to the death of the accused; (ii) 23 investigations have been conducted into the alleged threats against UTP members, 1 of which is still active with investigative work being carried out by the judicial police; and (iii) the Office of the Deputy Public Prosecutor is in regular contact with the national president of the UTP in order to continue monitoring the incidents reported by its members.
9. 127. The Committee takes due note of this information, particularly the fact that two more convictions have been handed down in connection with the homicides of UTP members examined in this case since the Committee last examined it. While noting that the Government states that it will send the text of these sentences, the Committee once again observes that it still has not received the requested information on the motives behind the homicides for which convictions were handed down, or on whether the convicted persons were both instigators and perpetrators of the acts and whether the sentencing process identified any links between the individual murders of UTP members. While welcoming the results achieved to date, the Committee requests the Government to continue making all necessary efforts to ensure that all the homicides and the attempted homicide of UTP leaders and members reported in this case are solved and that the perpetrators and instigators are convicted, and to provide detailed information on the progress of the investigations under way and on the content of the sentences handed down.