Interim Report - REPORT_NO383, October 2017

1. 171. The Committee has examined the substance of Case No. 2761 on three occasions [see 363rd, 367th and 380th Reports], the last of which was at its October 2016 meeting, when it examined Case No. 2761 together with Case No. 3074 and submitted an interim report on both cases to the Governing Body [see 380th Report, paras 244–274, approved by the Governing Body at its 328th meeting].
2. 172. The General Confederation of Labour (CGT) and the Single Trade Union Association of Public Employees of the Colombian Prison System (UTP) presented new allegations in a communication dated 7 June 2017.
3. 173. The Government sent its observations in a communication received on 9 June and 24 October 2017.
4. 174. 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. 175. At its October 2016 meeting, the Committee made the following interim recommendations concerning the allegations presented by the complainant organizations [see 380th Report, para. 274]:
   • (a) The Committee urges the Government to continue taking all the measures necessary to ensure that all of the acts of anti-union violence reported in this case are resolved and that the perpetrators and instigators are brought to justice.
   • (b) The Committee requests the Government to facilitate an inter-institutional evaluation of the investigation strategies used by the public authorities in the cases of violence against trade union officials and trade unionists. The Committee requests the Government to keep it informed of the outcome.
   • (c) The Committee requests the Government to provide information on the concrete functioning of the tripartite mechanism established in 2012 to collaborate with the investigations into the acts of violence against trade unionists.
   • (d) The Committee requests the Government to provide further information on the types of anti-union offences, not evident in this case, that have led to recent convictions.
   • (e) The Committee requests the Government to communicate promptly its observations on the allegations presented by SINTRAELECOL and to ensure that the situation of Mr Oscar Lema has been duly assessed in order to provide him with any protective measures he might require.
   • (f) The Committee requests the Government to ensure that an inquiry is initiated by the competent authorities into the arson of the vehicle of Mr José Ernesto Reyes, and to keep it informed of the outcome of that inquiry and the investigations conducted by the Public Prosecutor’s Office in relation to the arson attacks on the headquarters of SINTRAEMCALI.
   • (g) The Committee invites the Government to maintain its efforts to ensure the safety of trade union leaders and trade unionists in the country and to continue to keep it informed in this regard.
   • (h) The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.
2. 176. In a communication dated 7 June 2017, the CGT and UTP allege that 21 UTP members, including three union leaders, were murdered between 5 June 2012 and 24 October 2016 (see first list below). The complainant organizations provide further details on 19 of the 21 murders, alleging that: (i) with regard to 12 of the murders, they have no official information on the status of the investigations; (ii) the Revolutionary Armed Forces of Colombia – People’s Army (FARC-EP) were involved in four of the murders; (iii) a recording implicates the person presumably responsible for the murder of Mr Libardo Rivera Rodríguez, who was murdered for reporting cases of corruption inside a prison; and (iv) two persons suspected of murdering Mr Daniel Mancera Bernal have been captured. The complainant organizations also allege that another UTP officer, Mr Juan Garaviz Rincón, was seriously injured on 18 June 2015, supposedly by the FARC-EP. The complainant organizations further allege that 31 UTP leaders are currently facing death threats and that a criminal complaint has been filed in every case (see second list below).

   • No.		Date		Place	Name of victim	Position in UTP	Violent act
     1		02/06/2016		Buga, Valle del Cauca	Giuliano Pieruccini Rodríguez	General secretary, UTP, Buga Valle del Cauca	Murder
     2		09/01/2016		Medellín, El Pedregal	Álvaro Javier Benavides Rivera	Member, UTP	Murder
     3		19/02/2015		Caicedonia, Valle del Cauca	Juan Esteban Preciado Valencia	Member, UTP	Murder
     4		08/04/2015		Cúcuta, Norte de Santander	Edward Alexis Granados Flores	Branch officer, UTP	Murder
     5		06/2015		Cali, Valle del Cauca	Wilmer Vidal Angulo	–	Murder
     6		16/06/2015		Cali, Valle del Cauca	Julián Alberto Tocuma	–	Murder
     7		06/02/2013		Arauca	Edilberto Rangel Zambrano	Member, UTP	Murder
     8		30/05/2015		La Unión, Nariño	Libardo Rivera Rodríguez *	Member, UTP	Murder
     9		24/10/2016		Granada, Meta	Julio Maestre	Member, UTP	Murder
     10		–		–	Manuel Alfonso	–	Murder
     11		25/05/2017		Ibagué, Tolima	César Leguizamón	–	Murder
     12		05/06/2012		Cali, Valle del Cauca (near his place of work)	Horacio Madachi de Ávila	Human rights secretary, UTP (Villa Hermosa prison)	Murder
     13		08/02/2013		Sincelejo, Sucre	Néstor Manuel Hinestrosa Mendoza	Member, UTP	Murder
     14		16/04/2013		Barranquilla, Atlántico (El Bosque penitentiary)	Daniel Mancera Bernal	Member, UTP	Murder
     15		04/06/2013		San Vicente del Caguán, Caquetá	Esneider Rubio Herrera	Member, UTP	Murder
     16		04/06/2013		San Vicente del Caguán, Caquetá	Didier Martínez Mejía	Member, UTP	Murder
     17		04/06/2013		San Vicente del Caguán, Caquetá	Diego Rodríguez González	Member, UTP	Murder
     18		04/06/2015		San Vicente del Caguán, Caquetá	Dini Cisei Paredes	Member, UTP	Murder
     19		04/06/2015		San Vicente del Caguán, Caquetá	Juan Garaviz Rincón	Officer, UTP	Person seriously injured
     20		18/06/2015		Espinal, Tolima	Wilson Javier Solórzano Arenas	Member, UTP	Murder
     21		15/10/2016		Cali, Valle del Cauca	Michel Steven Jiménez Velásquez	Member, UTP	Murder
     22		24/10/2016		Granada, Meta	Edgar Velásquez Vélez	Member, UTP	Murder
     * El Buen Pastor women’s prison, Bogotá.

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   • No.		Violent act: death and physical threats	Name of threatened trade union leader	Place of work
     1		Death threat	Horacio Bustamante Reyes	Manizales
     2		Death threat	María Elsa Páez García	R. M., Bogotá
     3		Death threat	Óscar Robayo Rodríguez	Modelo, Bogotá
     4		Death threat	Christian E. López Mora	Modelo, Bogotá
     5		Death threat	Adelina Vásquez	Jamundí
     6		Death threat	Alejandro Durán García	Coiba
     7		Death threat	Luis Alberto Pinzón Zamora	Bello, Antioquia
     8		Death threat	Hugo Ignacio Téllez Arcila	Picota
     9		Physical threat	Mauricio Ríos Moreno	Sogamoso
     10		Physical threat	María Ofelia Colorado Marín	Cartago
     11		Physical threat	Julio César García Salazar	Manizales
     12		Death threat	Roberto Carlos Correa Aparicio	Cúcuta
     13		Death threat	Jonny Javier Pabón Martínez	Puerto Tejada
     14		Death threat	Jhon Alexander Bedoya Sánchez	Bucaramanga
     15		Death threat	Edgar Andrés Quiroz Jaimes	Buga
     16		Death threat	Wilmer Rodríguez Morales	Pamplona
     17		Death threat	Gerson Méndez	Cúcuta
     18		Death threat	Andrés Rolando Bolaños Virama	La Unión, Nariño
     19		Death threat	Carlos Fabián Velazco Virama	La Unión, Nariño
     20		Death threat	Segundo Adriano Rosero Alvear	La Unión, Nariño
     21		Death threat	Eleasid Durán Sánchez	Ocaña
     22		Death threat	Rafael Gómez Mejía	Montería
     23		Death threat	Helkin Duarte Cristancho	Girón
     24		Death threat	Cindy Yuliana Rodríguez Layos	COPED
     25		Death threat	Óscar Tulio Rodríguez Mesa	COPED
     26		Death threat	Mauricio Olarte Mahecha	Honda
     27		Death threat	Nubia Rocío Álvarez Franco	Regional Central
     28		Death threat	Frankly Excenover Gómez Suárez	San Andrés
     29		Death threat	Jhonny Javier Pabón Martínez	Puerto Tejada
     30		Death threat	Mauricio Paz Jojoa	Manizales
     31		Death threat	Aura María Pérez Laiseca	COPED

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3. 178. In a communication received on 9 June 2017, the Government indicates that at the end of 2016, the Public Prosecutor’s Office created an elite group to expedite and monitor investigations, led by the Deputy Public Prosecutor’s Office, which includes the National Directorate for Human Rights, the National Directorate for District Prosecutors’ Offices, the Subdirectorate for Public Policies and the Directorate for International Affairs. This working group aims to: (i) consolidate the information from investigations being conducted by the Public Prosecutor’s Office in relation to offences that threaten union activity; and (ii) develop and promote strategies for furthering investigations. The Government adds that there are currently 20 prosecutors working on cases involving the murder of trade unionists, 21 judicial assistants, 61 members of the judicial police (investigators) and 67 prosecutors trained to investigate offences relating to the right of association.
4. 179. The Government reports on the specific progress that has been made in relation to Case No. 2761 up until April 2017. The Government indicates that: (i) of the 83 cases of murder and attempted murder assigned to the Public Prosecutor’s Office, 79 cases are still open, while the investigations into the other four cases have been concluded; (ii) of these 79 cases, 70 are at the preliminary inquiry stage; (iii) two are under investigation; and (iv) seven are at the trial stage. The Government adds that 14 convictions have already been obtained in 11 cases and 19 persons have been convicted. The Government also provides general data on the investigations into violations of the right of association, indicating that: (i) the Public Prosecutor’s Office has dealt with 71 per cent of the complaints filed during the period 2011–16 concerning violations of the rights of assembly and association; (ii) in the past four years, 367 sentences have been handed down in cases involving the murder of trade unionists; and (iii) out of a total of 1,604 cases of attacks on trade unionists that have been investigated, 748 sentences have been handed down, 616 persons convicted and 173 arrest warrants issued.
5. 180. The Government states that it continues to protect trade union leaders and members of the trade union movement and indicates that: (i) between 2014 and 2016, 60 collective protection schemes were in place, protecting more than 200 trade unionists belonging to various national, departmental and local executive committees; (ii) 475 trade union leaders were protected in 2016; and (iii) the budget of the National Protection Unit (UNP) for the protection of trade unionists was 61,142,417,084 Colombian pesos (COP) for 2014, COP55,608,070,428 for 2015 and COP49,723,293,505 for 2016, and a total of COP53,383,078,005 is expected to be allocated for 2017.
6. 181. The Government emphasizes in its communication the historical nature of the peace agreements signed in 2016 with the FARC-EP. The Government specifically states that the implementation of the peace agreements will entail the creation of: (i) a special peace court; (ii) transitional justice mechanisms; (iii) a truth commission; and (iv) a national commission responsible for guaranteeing human rights and eradicating human rights abuses. The Government adds that this national commission is developing important policies that will help to restore the dignity of the victims of the conflict, with 24,200 victims having already had access to the comprehensive job creation and rural and urban self-employment programmes.
7. 182. The Government sent additional observations in a communication dated 24 October 2017 the content of which will be considered by the Committee at its next examination of the case.

D. The Committee’s conclusions

1. 183. The Committee recalls that Cases Nos 2761 and 3074 concern allegations of numerous murders of leaders and members of the trade union movement and other acts of anti-union violence.
2. 184. The Committee notes, first, the new information provided by the Government on the efforts made by the public authorities to investigate acts of anti-union violence and to punish the guilty parties. In this respect, the Committee notes in particular that: (i) at the end of 2016, the Public Prosecutor’s Office created an elite group to expedite and monitor investigations, led by the Deputy Public Prosecutor’s Office and comprised of various administrative entities; (ii) this elite group aims to consolidate the information from investigations relating to offences that threaten union activity and to develop and promote strategies for furthering investigations; and (iii) there are currently 20 prosecutors working on cases involving the murder of trade unionists, 21 judicial assistants, 61 members of the judicial police (investigators) and 67 prosecutors trained to investigate offences relating to the right of association.
3. 185. The Committee notes, second, the information provided by the Government on the progress made in solving and punishing the 83 cases of murder and attempted murder assigned to the Public Prosecutor’s Office, indicating that: (i) 79 cases are still open, while the investigations into the other four cases have been concluded; (ii) of these 79 cases, 70 are at the preliminary inquiry stage; (iii) two cases are under investigation; and (iv) seven cases are at the trial stage. The Committee notes the Government’s further indication that in relation to these 83 cases, 14 convictions have already been obtained in 11 cases and 19 persons convicted. The Committee also takes note of the information provided by the Government on the progress made in investigating and punishing all the acts of anti-union violence committed in the country, indicating that: (i) out of a total of 1,604 cases of attacks on trade unionists that have been investigated, 748 sentences have been handed down, 616 persons convicted and 173 arrest warrants issued; and (ii) in the past four years, 367 sentences have been handed down in cases involving the murder of trade unionists.
4. 186. The Committee takes due note of the ongoing efforts and the various initiatives of the public authorities to improve efficacy in the investigation of acts of violence perpetrated against trade union leaders and trade unionists. The Committee also notes that, with regard to the acts of violence reported in the present case, the number of convictions has increased from 12 to 14 since the last examination of this case in October 2016. However, the Committee notes once again with concern that, though several years have passed since the acts referred to in this case were committed, the vast majority of cases of murder and other acts of violence remain unpunished. In this respect, the Committee is bound to recall that the absence of judgments 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, and emphasizes the need, in a case in which judicial inquiries connected with the death of trade unionists seem to be taking a long time to conclude, of proceedings being brought to a speedy conclusion [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 52–53]. Under these conditions, taking into account the substantial initiatives already adopted in this regard by the public authorities, the Committee once again urges the Government to continue taking all the measures necessary to ensure that all of the acts of anti-union violence reported in this case are investigated and that the perpetrators and instigators are convicted. In this context, the Committee also requests the Government to provide up-to-date information on the development of the investigations and the judicial status of every act of violence examined in this case. Likewise, the Committee once again requests the Government to provide further information on the murders and other anti-union offences that were apparently not denounced under the present case and that have led to recent convictions.
5. 187. Recalling its request for an inter-institutional evaluation to be conducted of the investigation strategies used by the public authorities in cases of violence against trade union leaders and members, the Committee notes with interest the creation of an elite group to expedite and monitor investigations, comprised of various administrative entities, and requests the Government to keep it informed of the results achieved. The Committee nevertheless notes that it still does not have information on the inclusion of social partners in investigative processes in general and, in particular, on the actual operation of the Inter-institutional Commission for the Promotion and Protection of Workers’ Human Rights, in which the country’s main trade union federations are represented. The Committee requests the Government to provide, as soon as possible, information in this regard.
6. 188. In its previous examination of Case No. 3074, the Committee noted with regret the lack of observations from the Government on the allegations of the Union of Energy Workers of Colombia (SINTRAELECOL) relating to the serious physical injuries sustained by trade union leader, Oscar Arturo Orozco, as a result of the violent repression of a demonstration by the police and to the alleged death threats against trade union leader, Mr Oscar Lema, who was not afforded the protection requested. The Committee notes that the Government sent additional observations in a communication dated 24 October 2017 the content of which will be considered by the Committee at its next examination of the case. In the meantime, the Committee trusts that the Government will ensure that the situation of Mr Oscar Lema has been duly assessed in order to provide him with any protective measures that he might require.
7. 189. With respect to the allegations of the Cali Municipal Enterprises Union (SINTRAEMCALI) that the headquarters of the organization and the vehicle of one of its leaders were set on fire in April 2014, the Committee notes the additional observations sent by the Government the content of which will be considered by the Committee at its next examination of the case. In the meantime, the Committee requests the Government to continue to keep it informed of the findings of the investigations conducted by the Public Prosecutor’s Office.
8. 190. The Committee notes with great concern that, in the prison sector, the CGT and UTP allege: (i) the murder of 21 UTP members, including three union leaders, between 5 June 2012 and 24 October 2016; (ii) the attempted murder of a trade union leader on 18 June 2015; and (iii) the existence of death threats against 31 UTP leaders resulting in the filing of the relevant criminal complaints. The Committee also notes that the complainant organizations allege that, while the investigations connected with four murder cases and one case of attempted murder point to the involvement of the FARC-EP, there is no official information on the status of the investigations into 12 of the reported murders. The Committee deeply deplores the alleged acts of violence and threats and recalls that trade union rights can be exercised only in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 44]. The Committee requests the Government to send as soon as possible its observations on these new allegations of violence and to inform it of the progress made in the investigations under way. The Committee also requests the Government to ensure that the situation of the 31 trade union leaders who are allegedly victims of death threats has been duly assessed in order to provide them with any protective measures that they might require. The Committee requests the Government to keep it informed in this regard.
9. 191. The Committee notes the negotiation and signing of the peace agreements between the Government and the FARC-EP and notes with interest that the implementation of these agreements will entail the creation of various bodies to investigate and punish the acts of violence that have not yet been addressed and to prevent further human rights abuses. The Committee requests the Government, in the context of both Cases Nos 2761 and 1787, also relating to numerous cases of anti-union violence, to keep it informed of the examination by these bodies of cases of anti-union violence. Noting that, according to the complainant organizations, several of the murders of members of the prison trade union movement mentioned in the preceding paragraph have involved the FARC-EP, the Committee requests the Government to inform it of any examination of these cases by the bodies created as part of the peace process.
10. 192. The Committee notes the Government’s indication that it continues protecting the trade union leaders and members of the trade union movement and that: (i) between 2014 and 2016, more than 60 collective protection schemes were in place, protecting more than 200 trade unionists belonging to various national, departmental and local executive committees; (ii) 475 trade union leaders were protected in 2016; and (iii) the budget of the UNP for the protection of trade unionists was COP61,142,417,084 for 2014, COP55,608,070,428 for 2015 and COP49,723,293,505 for 2016, and a total of COP53,383,078,005 is expected to be allocated for 2017. The Committee invites the Government to continue the efforts described and to keep it informed in this regard.