Effect given to the recommendations of the committee and the Governing Body - REPORT_NO363, March 2012

Effect given to the recommendations of the Committee and the Governing Body

1. 22. The Committee last examined this case, which concerns murders and other acts of violence against trade union leaders and trade unionists, and also anti-union dismissals at its March 2010 meeting [see 356th Report, March 2010, paras 473–571]. On that occasion, the Committee made the following recommendations:
   • (a) While noting with interest the measures adopted by the Government to combat violence, the Committee deeply regrets the murder of trade union leaders and members denounced by the complainants. The Committee urges the Government to continue taking all necessary steps to guarantee that workers and their organizations can fully exercise their rights in freedom and safety. The Committee requests the Government to keep it informed in this regard.
   • (b) While noting with interest the measures adopted by the Government and the commitment it has made to investigate all the allegations presented under this case, the Committee: (1) requests the trade union organizations to provide the competent bodies with all the information in their possession that might facilitate such investigations; (2) invites the Government and the social partners to establish criteria on a tripartite basis for compiling the information to be transmitted to the investigating bodies; and (3) requests the Government to keep it informed in detail of any developments in the climate of impunity, and of any concrete progress in the investigations that have been initiated and any other measures adopted in this matter, especially regarding the alleged existence of links between paramilitary groups and the Administrative Department of Security (DAS) responsible for providing protection for trade union leaders and members, and regarding the allegations concerning the plan known as “Operation Dragon” whose purpose is said to be the elimination of a number of union leaders.
   • (c) The Committee strongly urges the Government to continue to guarantee the full protection of the union leaders and members whose lives have been threatened.
   • (d) Taking into account the extent of the threat which hovers over trade union leaders and members, and thus over the trade union movement as a whole, the Committee will pay particular attention to the evolution of this case and in this regard urgently invites the parties concerned to transmit all information on the developments with respect to each of these allegations.
   • (e) The Committee draws the Governing Body’s attention to the extreme seriousness and urgent nature of this case.
2. 23. In communications dated 12 April, 4 May, 3 June, 10 June and 6 October 2010, the Single Confederation of Workers of Colombia (CUT), the National Union of Food Industry Workers (SINALTRAINAL) and the National Trade Union of Workers of ECOPETROL SA (SINCOPETROL) sent additional information on recent murders and acts of violence. [These allegations will be addressed under Case No. 2761 since Case No. 1787 exclusively covers the period 1994–June 2009.]
3. 24. In a communication dated 31 January 2011, the Government provided the statistics available on acts of violence against trade unionists submitted by the Subunit for Crimes against Trade Unionists, according to which, between 1 October 2007 and July 2010 there were 1,344 cases assigned, 550 cases under preliminary investigation, 317 cases under investigation (defendant known), 527 persons placed in preventive detention, 176 indictments, 234 cases are at the stage of formulation of preliminary charges, 326 guilty verdicts and 330 convictions obtained. The Government sent information and tables indicating the status of judicial proceedings of hundreds of cases, including information provided by the office of the public prosecutor.
4. 25. The Government also indicates that in 2009 and 2010, 2,983 trade unionists received individual protection.
5. 26. The Government highlights that it has made various efforts to fight impunity and acts of violence against workers. These include signing a letter of intent, whereby it contributed US$300,000 towards strengthening the Special Committee on the Handling of Conflicts referred to the ILO (CETCOIT) and promoting international standards; increasing the budget for the protection of trade unionists; decongestion measures established by the Administrative Chamber of the Higher Council of the Judiciary; and the updating in May 2011 of the tripartite agreement on freedom of association and democracy, which the social partners had signed in 2006 and which includes the objective of fighting impunity and measures to strengthen the criminal justice system.
6. 27. As regards the allegations concerning the plan known as “Operation Dragon”, whose purpose is said to be the elimination of a number of union leaders, the Government refers to the ruling handed down by the office of the Inspector General shelving the case for lack of evidence to suggest the existence of a conspiracy to jeopardize the lives and physical safety of trade unionists and of the leaders of the democratic left. The Committee invites the complainant organizations to submit comments in relation to these declarations.
7. 28. The Committee recalls that this case concerns more than 1,580 cases of murders of Colombian trade unionists and acts of violence that occurred between the submission of the complaint in 1994 and June 2009. The Committee is compelled to express its indignation and its condemnation of these crimes and recalls that at some point, such as in the early 1990s, there were up to 250 murders a year. Given that this is the first time that the Committee is following up on this case, having already examined its substance on repeated occasions, it wishes to stress that the main objective of this follow-up is to prevent impunity in each of the cases submitted to it.
8. 29. Therefore, with regard to recommendation (b)(3), on developments in the climate of impunity and any concrete progress in the investigations that have been initiated, the Committee notes the global statistics provided by the Government, namely that between 1 October 2007 and July 2010 there were 1,344 cases assigned, 550 cases under preliminary investigation, 317 cases under investigation (defendant known), 527 persons placed in preventive detention, 176 indictments, 234 cases at the stage of formulation of preliminary charges, 326 guilty verdicts and 330 convictions obtained.
9. 30. The Committee also appreciates the Government’s statement that in 2009 and 2010, 2,983 trade unionists received individual protection and that it has increased its budget for the protection of trade unionists.
10. 31. The Committee welcomes the progress in perpetrator identification and conviction cases but stresses that these figures are still far from allowing the Committee to conclude that more than 1,500 murders and acts of violence examined by the Committee in this case have been resolved and led to conviction. The Committee urges the Government to continue to take measures to combat impunity in consultation with workers’ and employers’ organizations. The Committee observes that the tables and the successive and extensive communications provided by the Government make it difficult to extract the overall figures of the cases where the perpetrators have been identified and sanctioned, as well as the nature of the sanctions taken, and it requests the Government to send a list which would follow, in chronological order, the cases of violence. The Committee recalls that it had requested that the trade unions, particularly the complainants, be involved in order to ensure comprehensive investigations, drawing on the information at their disposal, in collaboration with the competent authorities. In this regard, with respect to recommendation (b)(1), requesting the complainant organizations to provide any information that might facilitate the investigations, the Committee observes that the complainant organizations have not notified it of having submitted this information to the competent judicial authorities. The Committee urges them to do so in order to facilitate the investigations.
11. 32. Lastly, with respect to recommendation (b)(2), on the establishment by the Government and the social partners of criteria for compiling the information to be transmitted to the investigating bodies on a tripartite basis, the Committee observes that the Government has provided no information in this regard. Therefore, the Committee reiterates its previous recommendation and requests that the Government, together with the trade unions, address this issue and inform it accordingly.