Informe provisional - Informe núm. 309, Marzo 1998

1. 69. The Committee last examined Case No. 1787 at its March 1997 meeting (see 306th Report, paras. 248-294). The International Confederation of Free Trade Unions (ICFTU) sent additional information in communications dated 3 February, 2 April, 5 May, 24 June, 16 and 23 July, 6 October and 6 November 1997 and 16 January 1998. The World Federation of Trade Unions (WFTU) presented new allegations relating to this case in a communication dated 23 January 1997. The Latin American Central of Workers (CLAT) sent additional information in a communication dated 6 August 1997.
2. 70. The Government sent partial observations in communications dated 29 May, 24 July and 16 December 1997 and 13 February 1998.
3. 71. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 72. During the previous examination of the case, when it dealt with allegations concerning the murder, disappearance and other acts of violence against trade union officials and members, as well as anti-union dismissals, the Committee made the following recommendations (see 306th Report, para. 294, sections (g), (h), (i) and (j)):
2. -- The Committee requests the Government to inform it of the outcome of the judicial inquiries initiated in connection with the following murders of and death threats against trade union officials or members: (1) Antonio Moreno (12.08.1995); (2) Manuel Ballesta (13.08.1995); (3) Francisco Mosquera Córdoba (02.1996); (4) Carlos Arroyo de Arco (02.1996); (5) Francisco Antonio Usuga (22.03.1996); (6) Pedro Luis Bermúdez Jaramillo (06.06.1995); (7) Armando Umanes Petro (23.05.1996); (8) William Gustavo Jaimes Torres (28.08.1995); (9) Ernesto Fernández Pezter; (10) Jaime Eliacer Ojeda; (11) Alfonso Nogfuera; (12) Alvaro Hoyos Pabón (12.12.1995); (13) Libardo Antonio Acevedo (07.07.1996); and (14) Jairo Alfonso Gamboa López (was threatened with murder). Furthermore, the Committee requests the Government to inform it on the outcome of the judicial inquiries in connection with the setting off of an explosive device in the headquarters of the Construction Workers' Trade Union (SINDICONS) in Medellín. Finally, noting that the Government has failed to communicate its observations on a considerable number of murders, murder attempts, death threats, disappearances and physical attacks on trade union leaders and officials, as well as searches of trade union headquarters and trade union members' homes (see Annex I), the Committee urges the Government to communicate its observations as soon as possible on all the cases mentioned in Annex I (following is Annex I):
3. Murders
4. (1) Hernando Cuadros (President of the Tibú branch of the Workers' Trade Union -- USO);
5. (2) Manuel Francisco Giraldo, member of the executive committee of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 22 March 1955;
6. (3) Artur Moreno, member of the workers' committee of the Doña Francia plantation, municipality of Apartadó, on 7 June 1995;
7. (4) 23 workers who were members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 29 August 1995;
8. (5) 24 workers from the Rancho Amelia banana farm, who were members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 20 September 1995;
9. (6) José Silvio Gómez (coordinator of SINTRAINAGRO activities in Banafinca), on 22 March 1996;
10. (7) Alvaro David (member of the workers' committee of the Los Planes estate, member of SINTRAINAGRO), on 22 March 1996.
11. Attempted murders
12. The trade unionists Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez.
13. Death threats
14. (1) Bertina Calderón (Vice-President of the CUT);
15. (2) Daniel Rico (President of the Federation of Petroleum Workers -- FEDEPETROL);
16. (3) Víctor Ramírez (President of the Transport Workers' Union -- SINTRASON);
17. (4) Members of the Executive Committee of the Single Agricultural Trade Union Federation -- FENSUAGRO;
18. (5) Francisco Ramírez Cuéllar (President of the Workers' Trade Union of the Mineralco, SA, enterprise);
19. (6) Pedro Barón, President of the Tolima branch of the Single Confederation of Workers of Colombia (CUT), by members of the armed forces following his participation in a protest strike on 19 July 1995;
20. (7) Members of the Executive Committee of the Union of Workers of the Titán SA, enterprise, in the municipality of Yumbo, who received death threats from a paramilitary group called "Colombia without guerrillas" (COLSINGUE), on 26 October 1995 and 17 May 1996.
21. Detention and raids on homes
22. Luis David Rodríguez Pérez (former leader of the National Trade Union of Workers of Incora -- SINTRADIN).
23. Raids on union headquarters, telephone tapping, surveillance of trade union members
24. A raid on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), the tapping of telephones in the union headquarters and of members' telephones and surveillance of the president of the Federation, Sr. Luis Carlos Acero, by armed persons.
25. Disappearances
26. (1) Rodrigo Rodríguez Sierra, President of the Trade Union of Oil Producing Workers (SINTRAPROACEITES), Copey branch, on 16 February 1995;
27. (2) Jairo Navarro, trade union member, on 6 June 1995.
28. Physical aggression and police repression
29. (1) police repression against workers from the Empresas Públicas de Cartagena during a peaceful demonstration on 29 June 1995;
30. (2) police repression against workers from the Empresas de Acueductos y Teléfonos and organized peasants from Tolima who were holding a protest meeting on 14 August 1995. The repression resulted in the death of Fernando Lombana, who was a member of the Association of Farmers of Small and Medium-Sized Holdings in Tolima (ASOPEMA), the serious injury of three other persons and several arrests (trade union members belonging to the organizations that took part in the protest).
31. -- Concerning the alleged anti-union dismissals in the ALFAGRES SA enterprise, the Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way.
32. -- Concerning the allegations of dismissals of trade union officials in the Ministry of Finance, the Committee requests the Government to keep it informed of the outcome of the legal proceedings under way concerning the dismissals of the three members of the union executive committee.
33. -- Finally, in connection with the dismissals of trade union officials and members belonging to the SINTRATEXTILIA trade union, the Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way, both within the penal and labour courts.
34. B. New allegations and additional information
35. 73. In its communication of 23 January 1997 the World Federation of Trade Unions (WFTU) alleges that on the morning of 7 December 1996 Edgar Riaño, leader of the Workers' Trade Union (USO) -- Huila branch -- was violently detained on the orders of the Office of the Prosecutor General and two hours later Gilberto Correño was assaulted and seriously wounded. Two days earlier Isidro Segundo Gil, Secretary-General of the SINALTRAINAL subdirective and a member of the negotiating committee for the petition presented to the Coca-Cola company was murdered in his own workplace.
36. 74. The WFTU alleges that in early December 1996 detentions and police raids were carried out this time on the express orders of the Office of the Prosecutor General. The following union members of ECOPETROL were violently detained: Marcelino Buitrago, Felipe Mendoza, Monerge Sánchez, Guillermo Cárdenas, Rafael Estupiñán, Jorge Estupiñán, Hernán Vallejo, Luis Rodrigo Carreño, Leonardo Mosquera, Fabio Liévano, Elder Fernández, Gustavo Minorta and César Carrillo.
37. 75. In its communications of 3 February, 2 April, 5 May, 4 and 24 June, 16 and 23 July, 6 October and 6 November 1997 and 16 January 1998 the International Confederation of Free Trade Unions (ICFTU) alleges the following:
38. Murders and disappearances of trade union officials and members
39. -- Félix Avilez Arroyo, member of the Colombia Federation of Teachers, municipality of Ciénaga de Oro, Department of Córdoba, murdered on 12 January 1997;
40. -- Víctor Julio Garzón, Secretary-General of the Single Agricultural Trade Union Federation (FENSUAGRO), murdered in Bogotá on 7 March 1997;
41. -- Aurelio Arbeláez, member of the Workers' Union of the Frontino Gold Mines, murdered in Segovia (Antioquia) on 4 March 1997;
42. -- Néstor Eduardo Galindo, member of the subdirective of the Colombia Yumbo National Hospital Workers' Union, murdered in Yumbo on 6 March 1997;
43. -- Bernardo Orrego Orrego, killed by police in Medellín on 6 March 1997;
44. -- Gilberto Casas, Alcides Palacios Casas, Norberto Casas, Argiro Betancur, Jhon Fredy Arboleda, Eladio Chaverra and William Suárez, members of the Farm Workers' Union, Department of Antioquia, murdered between 11 February and 7 March 1997;
45. -- Luis Carlos Muñoz, union member murdered in Segovia (Antioquia) on 7 March 1997;
46. -- Nazareno de Jesús Rivera, member of the Workers' Union of the Frontino Gold Mines, murdered in Segovia (Antioquia) on 12 March 1997;
47. -- Hector Gomez, murdered in the principal park of the Remedios (Antioquia) municipality on 22 March 1997;
48. -- José Isidoro Leyton, President of the CGTD in the Department of Tolima, Ibagué City, murdered on 25 March 1997;
49. -- Enoc Mendoza Riaño, union member, murdered in Ciénaga, Magdalena, on 7 April 1997;
50. -- Magaly Peñaranda, member of the Trade Union of Municipal Workers, municipality of Ocaña, Ocaña (north of Santander), murdered at 8 in the morning on her way to work on 27 June 1997;
51. -- Eduardo Ramos, member of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), murdered at the "El Chispero" farm in Apartadó (Urabá, Antioquia) on 14 July 1997;
52. -- Frieleht Varon, Branch President of the National Union for Health and Social Security (SINDESS), murdered on 3 May 1997;
53. -- Arnold Sanchez Maza, union member, held hostage for ten days and found dead in the Sinú river on 13 July 1997;
54. -- Freddy Francisco Fuentes Paternina, leader of the Córdoba Teachers' Association (ADEMACOR), murdered in Montería City, Department of Córdoba, on 18 July 1997;
55. -- Libardo Cuellar Navia, union member, murdered on 23 July 1997 on Il Agrado-Garzón Road;
56. -- Abraham Figueroa Bolaños, union member who worked with the indigenous community at the Mamague College, municipality of Milan, Department of Caquetá, murdered on 25 July 1997;
57. -- Edgar Camacho Bolaños, union member who worked with the indigenous community at the Mamague College, municipality of Milan, Department of Caquetá, murdered on 25 July 1997;
58. -- Wenceslao Varela Torrecilla, union member, kidnapped on 29 July and found shot in the Magdalena river the following day;
59. -- Atilio Vázquez, union member, kidnapped on 27 July 1997 and still uncounted for;
60. -- Sabas Domingo Zocadagui Paredes, union leader, murdered in Arauca City on 3 June 1997. The investigation is making progress under prosecutor 26, delegated by the Arauca circuit court, and is currently in the preliminary stages of submitting evidence;
61. -- Juan Camacho, union member in the mining sector, murdered in the municipality of Río Viejo on 25 April 1997;
62. -- Luis Orlando Camaño Galvis, murdered in the municipality of Aguachica, César, on 20 July 1997;
63. -- José Ricardo Sáenz, teacher from the District of Cundinamarca, member of the Colombia Teachers' Federation, disappeared on 24 July 1996;
64. -- Pedro Fernando Acosta Uparela, member of the Colombia Federation of Teachers, along with his adopted son, Hugo Causla, kidnapped in the municipality of Galeras, Department of Sucre, on 28 December 1996;
65. -- Professor Alvaro Taborda, member of the Colombia Federation of Teachers, Inem College, Monteria, Department of Córdoba, kidnapped on 8 January 1997;
66. -- Ramón Osorio, National Secretary for Education for FENSUAGRO, along with his five-year-old son, disappeared in Medellín, Antioquia, on 15 April 1997. Subsequently, on 17 April 1997 the boy reappeared at a social welfare centre in Carmen de Bigoral (Antioquia);
67. -- Misael Pinzón Granados, union member, worker in an African palm oil company, kidnapped by members of a paramilitary group operating in the municipality of Puerto Wilches, Santander, as he was travelling in a bus run by the Oleaginosa Bucarelia company, on 12 July 1997. There has been no further information as to his whereabouts;
68. -- Orlando Quiceno López, union member, kidnapped on 13 July 1997 and found dead in the municipality of Fredonia, Department of Antioquia, on 16 July 1997;
69. -- Eduardo Enrique Ramos Montiel, union leader, murdered at the "El Chispero" farm in Apartadó, Urabá, Antioquia, on 14 July 1997;
70. -- Arley Escobar, President of the Union for the National Institute of Penitentaries and Prisons (INPEC), Cali branch, murdered in Cali on 18 July 1997;
71. -- Mauricio Tapias Llerena and Camilo Suárez Ariza, Secretary-General and Executive Secretary of FENSUAGRO, kidnapped on 18 July 1997 and subsequently murdered by paramilitaries in Ciénaga, Magdalena, on 21 July 1997;
72. -- Abel Villa, member of the Mine Workers' Union, murdered in the municipality of Amagá on 21 July 1997;
73. -- Guillermo Asprilla, member of SINTRAINAGRO, murdered at the "Navarra Villa Sol" farm in the municipality of Apartadó (Urabá, Antioquia), on 23 July 1997;
74. -- Edulfo Zambrano, President of SINTRAELECOL, Atlántico branch in the city of Barranquilla, murdered on 27 October 1997;
75. -- Emiliano Jiménez and Amadeo Jalave Díaz, members of the Oil Industry Workers' Trade Union (USO); Jhoni Cubillo and Ulpiano Carvajal, union leaders of ECOPETROL; Rami Vaca, contractor for ECOPETROL; kidnapped by a heavily armed group on 27 October 1997. There has been no further information as to their whereabouts;
76. -- Jose Giraldo, Secretary of the Industry and Construction Trade Union (SINDICONS), was murdered in Medellín on 26 November 1997. The responsible individuals have not yet been identified or punished.
77. Death threats against union officials and members, attacks on union headquarters and offices
78. -- Jorge Eliecer Marin Trujillo, President of the Workers' Union of the municipality of Chinchiná, received death threats from security forces on 9 December 1996 and 8 and 11 March 1997;
79. -- the Workers' Union of the Department of Antioquia presented on 5 November 1996 a petition to the Department Administration, which by law had to nominate a negotiating committee in 24 hours with a maximum delay of five days. Despite this the Committee was nominated on 28 November 1996, to be set up on 6 December 1996. From this date, with the setting up of the negotiating committee, persecution of workers and their leaders began in what seemed to be paramilitary treatment of a labour conflict. The Union headquarters in Medellín received repeated threatening calls during which they could hear machine-gun firing, or were told "accept the Government's proposal, the Department has already done so, we don't want to see them around here". In this context, there have been systematic threats to those belonging to the executive committee, including the following:
80. -- Martha Cecilia Cadavid, Union attorney, was persecuted and harassed on 13 and 28 June 1997 by two men on a motorcycle. She was followed during the evening in Medellín;
81. -- José Luis Jaramillo Galeano, Secretary-General of the Union was accused by the Department Governor, at a meeting between the Union and the Administration, of belonging to a guerrilla organization, an accusation which gave rise to continuous monitoring and threatening phone calls in which he was told "stop slandering the Governor, if not you will pay for it with your life";
82. -- Rangel Ramos Zapata, Union President, has been followed at various times by men on a motorbike, who have forced him to take cover in public buildings, and is constantly being threatened in the Union and at home by phone calls which have sometimes been taken by his daughters. On 23 August 1997, at 16.30 hours, four individuals on high-speed motorbikes appeared and asked in two different places close to his residence where Rangel Ramos Zapata lived, and they remained in the area until 19.00 hours;
83. -- Héctor de Jesús Giraldo, Jairo Humberto Gutiérrez, Luis Norberto Restrepo, Jorge Humberto Franco, Carlos Hugo Jaramillo, Horacio Berrío Castaño, Alvaro Alberto Arango and Oscar Aguirre, members of the executive committee of the Union, were threatened by phone at headquarters and were told "Leave the executive committee. We are not going to allow you to keep annoying Alvaro Uribe Vélez. Understand for once and for all that there is no work in the Department of Antioquia for you";
84. -- in an interview between SINTRADEPARTAMENTO and General Jaimes, Chief of the City Police for Medellín, the General made rash assertions such as: "This is the second time that I have been to Antioquia and I know that in this Department people do not make life difficult and solve their problems by fire power ..." and "... in Brazil, a bus ran over a group of protesters 80 times and this can happen in Medellín". Moreover, he showed that the police controlled everything that happened in Medellín and showed film in which union members Rangel Ramos Zapata and José Luis Jaramillo appeared in the foreground with, behind them, a group of workers;
85. -- Justo Pastor Quiroz, Secretary; Roque León Salgado, Treasurer; and Bersaly Hurtado, lawyer, all members of the executive committee of the South Bolívar Agromining Association have been threatened.
86. Physical aggression and police repression
87. -- The police brutally assaulted and wounded the following union members: Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguisamón, who were taking part in an information day on 6 January 1997, organized by the National Traffic Officer Association (ANDAT).
88. 76. In a communication of 6 August 1997 the Latin American Central of Workers (CLAT) alleges that on Monday, 4 August at 18.30 p.m. in Aguachica (Department of César), David Quintero Uribe, President of the Workers' Union of the Multiactive Cotton Growing Cooperative of the Department of César Limited, was murdered.
89. C. Other allegations
90. 77. In its communication of 16 January 1998, the ICFTU alleges that on 27 August 1997, the National Union of Banking Employees (UNEB) presented a list of demands to the Banking Association covering 30 entities in the banking sector and which would eventually benefit 40,000 workers. Since that date, the Association refused to act as the intermediary with respect to these 30 financial institutions. Nevertheless, after some discussions, some agreements were reached between the Banking Association and UNEB. The UNEB continued to negotiate with each one of the entities where there was representation. The UNEB, in the legal exercise of its trade union activities, programmed different activities such as marches, demonstrations, public information meetings and, through its publications, provided information on the dispute and the state of negotiations.
91. 78. The ICFTU points out that the response of the employers of the banking entities, with the support of the forces of public order, was such as to impede the free exercise of trade union and information rights. Repressive measures were used, such as physical aggression, the locking up of union leaders in building elevators, the denial of access for union leaders to places where they met with workers to supply information, etc., going as far as to include the arbitrary detention of the UNEB leader, Carlos Romero, who was later released. Moreover, several UNEB leaders received letters and telephone calls making threats to their life.
92. 79. According to the ICFTU, the repressive response of the employers was particularly notable in the Citibank and Andino Banks. Trade union leaders responsible for informing the employees of the developments in the dispute and the negotiations were obstructed from entering these banks, often with the use of the public forces. These obstacles were accompanied by threats and blackmail of dismissal of the workers if they listened to the information provided by the trade union leaders and if they exercised their constitutional rights of freedom of association.
93. 80. Furthermore, Citibank continually incited and organized the customers and clients to attack union leaders who had arrived at its installations to inform the workers. These measures of repression and aggression had the complete support of the public forces of law and order which, on repeated occasions, trampled on several union members while forcibly removing them from the area. The Citibank offices in Santa Fe of Bogotá where repression of trade union activity was intensified are those branches at Puente Aranda, Barrio Chico, Barrio Cedritos and Jimenez Avenue. On 2 December 1997, the manager of this last branch took photos of several union leaders and workers. The use of these photographs is unknown. The practice of taking photographs and making video recordings by banking employers has become a very frequent practice to which the Sudameris and Anglo Colombiano banks have already had recourse.
94. D. The Government's reply
95. 81. In communications of 29 May and 24 July 1997 the Government states that in connection with the allegations in the ICFTU communication of 5 May 1997 it has requested the First Office of the Prosecutor General to begin the investigations leading to the identification of those who committed the crimes mentioned, or if these investigations have already begun that those responsible be identified and tried under the provisions laid down by the existing laws for such cases. In particular, the Government gave the following details:
96. -- murder of Néstor Eduardo Galíndez Rodríguez, which occurred on 4 March 1997 in Yumbo, Valle. Investigation being carried out by Sectional Prosecutor 155 of the municipality of Yumbo, file No. 079856; accused under investigation, currently a preliminary investigation with submission of evidence;
97. -- murder of Erieleth Barón Daza, which occurred on 3 May 1997 on the road to El Limonar village, Dagua jurisdiction. Investigation being carried out by Prosecutor 132, Dagua section, Department of Valle; file No. 09062; accused under investigation, currently a preliminary investigation with submission of evidence;
98. -- murder of Luis Carlos Muñoz. Investigation being carried out by Segovia sectional unit, file No. 1894; alleged accused armed groups outside the law, currently a preliminary investigation;
99. -- murder of Jhon Fredy Arboleda Aguirre, William Alonso Suárez, Gil and Eladio de Jesús Chaverra Rodríguez, investigation being carried out by the Cisneros sectional unit under file No. 817, union verification; currently a preliminary investigation;
100. -- murder of Nazareno de Jesús Rivera García. The Segovia sectional unit began the investigation under file No. 1903. Currently this is being carried out by the National Unit for Human Rights;
101. -- murder of Héctor Gómez. Investigation being carried out by Segovia sectional unit, file No. 2056, accused under investigation; currently a preliminary investigation;
102. -- murders of Gilberto and Norberto Casas Arboleda, Alcides de Jesús Palacios Arboleda and Argiro de Jesús Betancur Espinosa, which took place on the "San Fernando" farm, jurisdiction of the municipality of Maceo, Antioquia, on 11 February 1997. The investigation was begun by the Sectional Prosecutor's Office of San Roque, file No. 1050. On 5 March 1997 this file was turned over to the Regional Prosecutor's Office of Medellín;
103. -- murder of Bernardo Orrego Orrego. Investigation under way in military criminal magistrate's court No. 73, file No. 55606, which has competence in this matter;
104. -- murder of José Isidoro Leyton. Investigation being carried out by the Regional Fiscal Directorate, Terrorist Unit of Bogotá;
105. -- murder of Magaly Peñaranda. Investigation at the preliminary stage;
106. -- murder of David Quintero Uribe. Investigation at the preliminary stage;
107. -- murder of Eduardo Enrique Ramos Montiel. The preliminary investigation was begun by the Prosecutor's Unit before the Criminal Court of the Apartadó Circuit, Antioquia, file No. 4960. It has been sent to the Regional Fiscal Directorate of Apartadó;
108. -- murder of Wenceslao Varela Torrecilla. The Sectional Prosecutor's Unit 25 of Monpos has begun the investigation, file No. 396;
109. -- murder of Libardo Cuéllar Navia. The Fiscal Unit 18 has begun the investigation before the Criminal Court of the Garzón Circuit, file No. 3207. The investigation is at the stage of collecting evidence to clarify the facts;
110. -- murder of Abraham Figueroa Bolaños and Edgar Camacho Bolaños. The investigation was begun by the Fiscal Sectional Unit of Florencia, Caquetá, but while awaiting a resolution from the National Fiscal Directorate of Santafé de Bogotá, the investigation was reassigned to the National Human Rights Unit;
111. -- disappearance of Ramón Osorio. Investigation being carried out by the crimes against freedom unit of the Medellín section, file No. 146-283, for the crime of kidnapping; currently a preliminary investigation.

E. The Committee's conclusions

1. 82. First, before analysing the allegations and observations communicated by the Government, the Committee once again wishes to express its grave concern at the allegations which refer to a large number of murders, disappearances, as well as physical aggression, detentions and death threats against trade union officials, members and their families, as well as raids on trade union headquarters and trade union members' homes. In this respect, the Committee notes with alarm that for practically the whole of 1997 the complainants have presented allegations of violent acts against trade union leaders and members. The Committee deplores that in spite of the seriousness of the situation the Government's replies have been limited to a very reduced number of allegations. The Committee requests the Government to take steps to remedy this situation.
2. 83. Likewise, the Committee notes that acts of violence have been committed against trade union members throughout the country and in all sectors of activity and a large number of these acts of violence have been committed against trade union officials and members of the agricultural sector -- members of FENSUAGRO or SINTRAINAGRO -- and the oil sector -- members of ECOPETROL or FEDEPETROL. The Committee deeply regrets that among the new allegations the murder of the Secretary-General of the Single Agricultural Trade Union Federation (FENSUAGRO), Víctor Garzón, in March 1997, appears. Víctor Garzón was interviewed and participated in the direct contacts mission which took place in the country in November 1996. The Committee requests the Government to take measures to stop all acts of violence against unionists and especially in those sectors where the trade unions mentioned operate.
3. 84. The Committee deplores that all factors seem to show that anti-union violence has not decreased and that those who commit these acts of violence against trade union officials or members continue in impunity, as the Government, since the last examination of this case in November 1996, has not provided information on one single case of detention, trial and judgement of those responsible for these acts.
4. 85. Taking into account the nature of the allegations and that it was mentioned in the report of the last direct contacts mission that the Public Defender in his 1996 report to Congress affirmed that "there are still people in the armed forces and police who commit illegal and arbitrary acts in the course of their military and police activities" and "today thousands of Colombians are still terrorized by paramilitary groups" (see 306th Report, p. 85 of the English version), the Committee, observing that the situation has not improved since that time, points out that it is the responsibility of the Government to guarantee the correct comportment of its security forces which, in any event and at all times, must respect human rights. The Committee requests the Government to ensure respect for this principle.
5. 86. Thus, the Committee emphasizes that "the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events" and "the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 51 and 55).
6. 87. In connection with the additional information presented on murders and disappearances of trade union officials and members, the Committee notes that the Government states that it has begun legal investigations into the following cases: (1) Néstor Eduardo Galíndez Rodríguez (murdered on 4 March 1997); (2) Erieleth Barón Daza (murdered on 3 May 1997); (3) Jhon Fredy Arboleda Aguirre, William Alonso Suárez Gil and Eladio de Jesús Chaverra Rodríguez (murdered between 11 February and 7 March 1997); (4) Luis Carlos Muñoz (murdered on 7 March 1997); (5) Nazareno de Jesús Rivera García (murdered on 12 March 1997); (6) Héctor Gómez (murdered on 22 March 1997); (7) Gilberto Casas Arboleda, Norberto Casas Arboleda, Alcides de Jesús Palacios Arboleda and Argiro de Jesús Betancur Espinosa (murdered on 11 February 1997); (8) Bernardo Orrego Orrego (murdered on 6 March 1997); (9) José Isidoro Leyton (murdered on 25 March 1997); (10) Magaly Peñaranda (murdered on 27 July 1997); (11) David Quintero Uribe (murdered on 4 August 1997); (12) Eduardo Enrique Ramos Montiel (murdered on 14 July 1997); (13) Libardo Cuéllar Navia (murdered on 23 July 1997); (14) Wenceslao Varela Torrecilla (murdered on 29 July 1997); (15) Abraham Figueroa Bolaños (murdered on 25 July 1997); (16) Edgar Camacho Bolaños (murdered on 15 July 1997); and (17) Ramón Osorio (disappeared on 15 April 1997). The Committee requests the Government to keep it informed of the legal investigations under way.
7. 88. The Committee regrets that the Government has provided no information on the state of the legal investigations on which the Committee asked to remain informed at its meeting of November 1996 in connection with the murders and death threats against the following trade union officials and members: (1) Antonio Moreno (12 August 1995); (2) Manual Ballesta (13 August 1995); (3) Francisco Mosquera Córdoba (February 1996); (4) Carlos Arroyo de Arco (February 1996); (5) Francisco Antonio Usuga (22 March 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Umanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Ernesto Fernández Pezter; (10) Jaime Eliacer Ojeda; (11) Alfonso Noguera; (12) Alvaro Hoyos Pabón (12 December 1995); (13) Libardo Antonio Acevedo (7 June 1996); and (14) Jairo Alfonso Gamboa López (threatened with death). In this respect, the Committee once again asks the Government to keep it informed of the result of these investigations.
8. 89. Furthermore, the Committee notes that the Government has not sent its observations on the numerous pending or presented allegations in 1997 and 1998, in connection with assassinations, disappearances, physical aggression, detention and death threats against trade union officials, members and their families (see annexed the complete list of allegations on which the Government has not communicated its observations). The Committee urges the Government to communicate its observations on all of these allegations annexed to this case without delay. The Committee also requests the Government to communicate without delay its observations on the anti-union acts in the banking sector (see the ICFTU communication of 16 January 1998)
9. 90. Finally, the Committee asks once again that the Government keep it informed of the result of the judicial processes under way on the dismissals of trade union officials and members in the ALFAGRES SA and TEXTILIA Ltd. companies and in the Ministry of Finance.

Z. Annex

• Allegations on which the Government has not communicated its observations
• Murders and disappearances
  1. (1) Hernando Cuadros (President of the Tibú branch of the Workers' Trade Union
     • -- USO);
  2. (2) Manuel Francisco Giraldo, member of the executive committee of the
• National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO),
  22. on 22 March 1955;
  3. (3) Artur Moreno, member of the workers' committee of the Doña Francia
• plantation, municipality of Apartadó, on 7 June 1995;
  4. (4) 23 workers who were members of the National Trade Union of Workers in the
• Agricultural Industry (SINTRAINAGRO), on 29 August 1995;
  5. (5) 24 workers from the Rancho Amelia banana farm, who were members of the
• National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO),
  20. on 20 September 1995;
  6. (6) José Silvio Gómez (coordinator of SINTRAINAGRO activities in Banafinca),
  22. on 22 March 1996;
  7. (7) Alvaro David (member of the workers' committee of the Los Planes estate,
• member of SINTRAINAGRO), on 22 March 1996;
  8. (8) Rodrigo Rodríguez Sierra, President of the Trade Union of Oil Producing
• Workers (SINTRAPROACEITES), Copey branch, on 16 February 1995;
  9. (9) Jairo Navarro, trade union member, on 6 June 1995;
  10. (10) Isidro Segundo Gil, Secretary-General of the SINALTRAINAL subdirective,
  9. on 9 December 1996;
  11. (11) Félix Avilez Arroyo, member of the Colombia Federation of Teachers, on 12
• January 1997;
  12. (12) Víctor Julio Garzón, Secretary-General of the Single Agricultural Trade
• Union Federation (FENSUAGRO), on 7 March 1997;
  13. (13) Aurelio Arbelaez, member of the Workers' Union of the Frontino Gold
• Mines, on 4 March 1997;
  14. (14) Néstor Eduardo Galindo, member of the subdirective of the Colombia-Yumbo
• National Hospital Workers' Union, on 6 March 1997;
  15. (15) Bernardo Orrego Orrego, on 6 March 1997;
  16. (16) Gilberto Casas, Alcides Palacios Casas, Norberto Casas, Argiro Betancur,
• Jhon Fredy Arboleda, Eladio Chaverray and William Suárez, members of the
• Farmworkers' Union, Department of Antioquia, between 11 February and 7 March
  1997. 1997;
  17. (17) Luis Carlos Muñoz, union member, on 7 March 1997;
  18. (18) Nazareno de Jesús Rivera, member of the Workers' Union of the Frontino
• Gold Mines, on 12 March 1997;
  19. (19) Enoc Mendoza Riaño, union member, on 7 April 1997;
  20. (20) Frieleht Varon, Branch President of the National Union for Health and
• Social Security (SINDESS), on 3 May 1997;
  21. (21) Arnold Sánchez Maza, on 13 July 1997;
  22. (22) Freddy Francisco Fuentes Paternina, leader of the Córdoba Teachers'
• Association (ADEMACOR), on 18 July 1997;
  23. (23) Atilio Vázquez, union member, disappeared on 27 July 1997;
  24. (24) Sabas Domingo Zocadagui Paredes, union leader, on 3 July 1997 in Arauca;
  25. (25) Juan Camacho, union member in the mining sector, on 25 April 1997;
  26. (26) Luis Orlando Camaño Galvis, union leader, on 20 July 1997;
  27. (27) José Ricardo Sáenz, member of the Colombia Teachers' Federation,
• disappeared on 24 July 1996;
  28. (28) Pedro Fernando Acosta Uparela, member of the Colombia Teachers'
• Federation, along with his adopted son, Hugo Causla, disppeared on 28 December
  1996. 1996;
  29. (29) Alvaro Taborda, member of the Colombia Teachers' Federation, disappeared
  8. on 8 January 1997;
  30. (30) Ramón Osorio, National Secretary of Education for FENSUAGRO, disappeared
  15. on 15 April 1997 in Medellín;
  31. (31) Misael Pinzón Granados, union member, disappeared on 12 July 1997;
  32. (32) Orlando Quiceno López, union member, on 16 July 1997;
  33. (33) Eduardo Ramos, union leader at the "El Chispero" farm in Apartadó, Urabá,
• Antioquia, on 14 July 1997;
  34. (34) Arley Escobar, President of the Union for the National Institute of
• Penitentiaries and Prisons (INPEC), Cali branch, on 18 July 1997;
  35. (35) Mauricio Tapias Llerena and Camilo Suárez Ariza, Secretary-General and
• lawyer, respectively, for FENSUAGRO, on 21 July 1997;
  36. (36) Abel Villa, member of the Mine Workers' Union, on 21 July 1997;
  37. (37) Guillermo Asprilla, member of SINTRAINAGRO, on 23 July 1997;
  38. (38) Edulfo Zambrano, President of SINTRAELECOL, on 27 October 1997;
  39. (39) Emiliano Jiménez and Amadeo Jalave Díaz, members of the Oil Industry
• Workers' Trade Union (USO); and Jhoni Cubillo and Ulpiano Carvajal, union
• leaders of ECOPETROL; Rami Vaca, contractor for ECOPETROL; disappeared on 27
• October 1997;
  40. (40) Jose Giraldo, Secretary of SINDICONS, murdered in Medellín on 26 November
  1997. 1997
• Attempted murders
  1. (1) Trade union members Edgar Riaño, Darío Lotero, Luis Hernández and Monerge
• Sánchez;
  2. (2) Gilberto Correño, leader of the Workers' Trade Union, 7 December 1996.
• Death threats
  1. (1) Bertina Calderón (Vice-President of the CUT);
  2. (2) Daniel Rico (President of the Federation of Petroleum Workers --
• FEDEPETROL);
  3. (3) Víctor Ramírez (President of the Transport Workers' Union -- SINTRASON);
  4. (4) members of the Executive Committee of the Single Agricultural Trade Union
• Federation (FENSUAGRO);
  5. (5) Francisco Ramírez Cuéllar (President of the Trade Union of Workers of the
• Mineralco, SA, enterprise);
  6. (6) Pedro Barón, President of the Tolima branch of the Single Confederation of
• Workers of Colombia (CUT), by members of the armed forces following his
• participation in a protest strike on 19 July 1995;
  7. (7) members of the Executive Committee of the Workers' Union of Titán SA,
• municipality of Yumbo, threatened with death by a paramilitary group called
• "Colombia without guerrillas" (COLSINGUE), on 26 October 1995 and 17 May 1996;
  8. (8) Jorge Eliecer Marín Trujillo, President of the Workers' Union of the
• Municipality of Chinchiná, on 9 December 1996 and 8 and 11 March 1997;
  9. (9) members of the Executive Committee of the Trade Union of Workers of the
• Department of Antioquia, Martha Cecilia Cadavid, lawyer for the trade union,
  13. on 13 and 28 June 1997; José Luis Jaramillo Galeano, Secretary-General; Rangel
• Ramos Zapata, President; Héctor de Jesús Giraldo, Jairo Humberto Gutiérrez,
• Luis Norberto Restrepo, Jorge Humberto Franco, Carlos Hugo Jaramillo, Horacio
• Berrio Castaño, Alvaro Alberto Arango and Oscar Aguirre, committee members;
  10. (10) members of the Executive Committee of the South Bolívar Agromining
• Association, Justo Pastor Quiroz, Secretary; Roque León Salgado, Treasurer,
• and Bersaly Hurtado, Prosecutor, have been threatened.
• Detention and raids on homes
  1. (1) Luis David Rodríguez Pérez (former leader of the National Trade Union of
• Workers of Incora -- SINTRADIN);
  2. (2) Edgar Riaño, leader of the Workers' Trade Union (USO) -- Huila, 7 December
  1996. 1996; on orders of the Office of the Prosecutor General, and two hours later
• his friend Gilberto Correño was attacked and gravely injured;
  3. (3) trade union members of ECOPETROL, Marcelino Buitrago, Felipe Mendoza,
• Monerge Sánchez, Guillermo Cárdenas, Rafael Estupiñán, Jorge Estupiñán, Hernán
• Vallejo, Luis Rodrigo Carreño, Leonardo Mosquera, Fabio Liévano, Elder
• Fernández, Gustavo Minorta and César Carrillo, in December 1996.
• Raids on union headquarters, telephone tapping, surveillance of trade union
• members
• A raid on the headquarters of the Single Agricultural Trade Union Federation
• (FENSUAGRO), the tapping of telephones in the union headquarters and of
• members' telephones and surveillance of the president of the Federation, Luis
• Carlos Acero, by armed persons.
• Physical aggression and police repression
  1. (1) Police repression against workers from the Empresas Públicas de Cartagena
• during a peaceful demonstration on 29 June 1995;
  2. (2) police repression against workers from the Empresas de Acueductos y
• Teléfonos and organized peasants from Tolima who were holding a protest
• meeting on 14 August 1995. The repression resulted in the death of Fernando
• Lombana, who was a member of the Association of Farmers of Small and
• Medium-Sized Holdings in Tolima (ASOPEMA), the serious injury of three other
• persons and several arrests (trade union members belonging to the
• organizations that took part in the protest);
  3. (3) police assault, causing injury, to the following trade union members:
• Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguisamón,
• who took part in an information day on 6 January 1997 organized by the
• National Traffic Officers' Association (ANDAT).