Rapport intérimaire - Rapport No. 311, Novembre 1998

1. 272. The Committee last examined this case at its March 1998 meeting (see 309th Report, paras. 69-91). The International Confederation of Free Trade Unions (ICFTU) sent additional information in communications dated 5 March, 8 June, 10 August and 21 October 1998. The World Federation of Trade Unions sent additional information in a communication dated May 1998. The Single Confederation of Workers of Colombia (CUT) and the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forced, National Police and related bodies (ASODEFENSA), submitted new allegations relating to this case in communications dated 29 April, 20 and 26 October, and 23 June 1998 respectively. The Latin American Central of Workers (CLAT) presented new allegations in communications of 19 and 21 October 1998. The General Confederation of Democratic Workers (CGTD) presented allegations relating to this case in communications of 16 and 25 October 1998.
2. 273. The Government sent partial observations in communications dated 12 and 27 March and 18 May 1998.
3. 274. 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. 275. 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 309th Report, para. 91, sections (d), (e), (f) and (g)):
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 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 July 1996); (14) Jairo Alfonso Gamboa López (was threatened with murder); (15) Néstor Eduardo Galíndez Rodríguez (4 March 1997); (16) Erieleth Barón Daza (3 May 1997); (17) Jhon Fredy Arboleda Aguirre, William Alonso Suárez Gil and Eladio de Jesús Chaverra Rodríguez (11 February 1997 to 7 March 1997); (18) Luis Carlos Muñoz (7 March 1997); (19) Nazareno de Jesús Rivera García (murdered 12 March 1997); (20) Héctor Gómez (22 March 1997); (21) Gilberto Casas Arboleda, Norberto Casas Arboleda, Alcides de Jesús Palacios Arboleda and Argiro de Jesús Betancur Espinosa (11 February 1997); (22) Bernardo Orrego Orrego (6 March 1997); (23) José Isidoro Leyton (25 March 1997); (24) Magaly Peñaranda (27 July 1997); (25) David Quintero Uribe (4 August 1997); (26) Eduardo Enrique Ramos Montiel (14 July 1997); (27) Libardo Cuéllar Navia (23 July 1997); (28) Wenceslao Varela Torrecilla (29 July 1997); (29) Abraham Figueroa Bolaños (25 June 1997); (30) Edgar Camacho Bolaños (25 July 1997); and (31) Ramón Osorio (disappeared on 15 April 1997).
3. -- The Committee notes that the Government has failed to communicate its observations regarding the numerous allegations pending or submitted during 1997 and 1998 of murders, death threats, disappearances and physical assaults on trade union officials and members and their families, as well as raids on trade union premises and trade union members' homes (annexed: see the full list of allegations on which the Government has not communicated its observations) and urges the Government to communicate its observations as soon as possible on all these allegations; (the text of the annex is reproduced hereafter):
4. Murders and disappearances
5. -- Hernando Cuadros (President of the Tibú branch of the Workers' Trade Union -- USO);
6. -- Manuel Francisco Giraldo, member of the executive committee of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 22 March 1995;
7. -- Carlos Arturo Moreno, member of the workers' committee of the Doña Francia plantation, municipality of Apartadó, on 7 June 1995;
8. -- 23 workers who were members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 29 August 1995;
9. -- 24 workers of the Rancho Amelia banana farm, who were members of the National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO), on 20 September 1995;
10. -- José Silvio Gómez (coordinator of SINTRAINAGRO activities in Banafinca), on 22 March 1996;
11. -- Alvaro David (member of the workers' committee of the Los Planes estate, who was a member of SINTRAINAGRO), on 22 March 1996;
12. -- Rodrigo Rodríguez Sierra, President of the Copey branch of the Trade Union of Vegetable Oil Production Workers (SINTRAPROACEITES), who disappeared on 16 February 1995;
13. -- Jairo Navarro, trade union member, who disappeared on 6 July 1995;
14. -- Isidro Segundo Gil, secretary general of the Executive Sub-Committee of SINALTRAINAL, on 9 December 1996;
15. -- Félix Avilez Arroyo, member of the Colombian Teachers' Federation, on 12 January 1997;
16. -- Víctor Julio Garzón, secretary general of the Single Agricultural Trade Union Federation (FENSUAGRO), on 7 March 1997;
17. -- Aurelio Arbeláez, member of the Trade Union of Workers of the Frontino Gold Mines, on 4 March 1997;
18. -- Néstor Eduardo Galindo, member of the Executive Sub-Committee of the National Association of Hospital Workers of Colombia-Yumbo, on 6 March 1997;
19. -- Nazareno de Jesús Rivera, member of the Trade Union of Workers of the Frontino Gold Mines, on 12 March 1997;
20. -- Enoc Mendoza Riaño, trade union member, on 7 April 1997;
21. -- Arnold Sánchez Maza, on 13 July 1997;
22. -- Freddy Francisco Fuentes Paternina, leader of the Teachers' Association of Córdoba (ADEMACOR), on 18 July 1997;
23. -- Atilio Vázquez, trade union member, who disappeared on 27 July 1997;
24. -- Sabas Domingo Zocadagui Paredes, trade union leader, on 3 June 1997 in Arauca;
25. -- Juan Camacho, trade union member in the mining industry, on 25 April 1997;
26. -- Luis Orlando Camaño Galvis, trade union leader, on 20 July 1997;
27. -- José Ricardo Sáenz, member of the Teachers' Federation of Colombia, who disappeared on 24 July 1996;
28. -- Pedro Fernando Acosta Uparela, member of the Teachers' Federation of Colombia, who disappeared together with his adopted son, on 28 December 1996;
29. -- Alvaro Taborda, member of the Teachers' Federation of Colombia, who disappeared on 8 January 1997;
30. -- Misael Pinzón Granados, trade union member, who disappeared on 12 July 1997;
31. -- Orlando Quiceno López, trade union member, on 16 July 1997;
32. -- Eduardo Ramos, trade union leader at the "El Chispero" estate in Apartadó, Urabá, Antioquia, on 14 July 1997;
33. -- Arley Escobar, President of the Cali branch of the Trade Union of the National Penitentiary and Prison Institute (INPEC), on 18 July 1997;
34. -- Mauricio Tapias Llerena and Camilo Suárez Ariza, secretary general and lawyer, respectively, of FENSUAGRO, on 21 July 1997;
35. -- Abel Villa, member of the Trade Union of Mining Workers, on 21 July 1997;
36. -- Guillermo Asprilla, member of SINTRAINAGRO, on 23 July 1997;
37. -- Edulfo Zambrano, President of SINTRAELECOL, on 27 October 1997;
38. -- Emiliano Jiménez and Amadeo Jalave Díaz, members of the Oil Industry Workers' Trade Union (USO); and ECOPETROL leaders, Jhoni Cubillo, Ulpiano Carvajal and Rami Vaca, who disappeared on 27 October 1997;
39. -- José Giraldo, secretary of SINDICONS, murdered in Medellín on 26 November 1997.
40. Attempted murders
41. -- Trade union members Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez; Gilberto Correño, leader of the Workers' Trade Union, on 7 December 1996.
42. Death threats
43. -- Bertina Calderón (Vice-President of the CUT);
44. -- Daniel Rico (President of the Federation of Petroleum Workers -- FEDEPETROL);
45. -- Víctor Ramírez (President of the Transport Workers' Union -- SINTRASON);
46. -- members of the executive committee of the Single Agricultural Trade Union Federation (FENSUAGRO);
47. -- Francisco Ramírez Cuéllar (President of the Workers' Trade Union of the Mineralco S.A. enterprise);
48. -- 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 19 July 1995;
49. -- members of the Executive Committee of the Union of Workers of the Titán, S.A. enterprise, in the municipality of Yumbo, who received death threats from a paramilitary group called "Colombia without guerrillas" (COLSINGUE), on 26 October 1995 and on 17 July 1996;
50. -- Jorge Eliecer Marín Trujillo, President of the Trade Union of Workers of the Municipality of Chinchiná, on 9 December 1996 and on 8 and 11 March 1997;
51. -- members of the Executive Committee of the Union of Workers of the Department of Antioquia, Martha Cecilia Cadavid, union attorney, 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, members of the Executive Committee;
52. -- members of the Executive Committee of the South Bolívar Agromining Association Justo Pastor Quiroz, Secretary; Roque León Salgado, Treasurer; and Bersaly Hurtado, attorney, who received threats.
53. Detentions and raids on homes
54. -- Luis David Rodríguez Pérez (former leader of the National Trade Union of Workers of Incora-SINTRADIN);
55. -- Edgar Riaño, leader of the Workers' Trade Union (USO) -- Huila, on 7 December 1996;
56. -- ECOPETROL members 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.
57. Raids on union headquarters, telephone tapping, surveillance of trade union members
58. A raid on the headquarters of the Single Agricultural Trade Union Federation (FENSUAGRO), and 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.
59. Physical aggression and police repression
60. -- police repression against workers of the state enterprises in Cartagena during a peaceful demonstration, on 29 June 1995;
61. -- police repression against workers from the Empresas de Acueductos e 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 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 taking part in the protest);
62. -- the police assaulted, and injured, the following trade union members: Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguisamón, who were taking part in a public information day on 6 January 1997, organized by the National Traffic Police Association (ANDAT).
63. -- The Commitee urges the Government to communicate without delay its observations on the allegations concerning anti-union acts in the banking sector (see ICFTU comunication of 16 January 1998).
64. -- Finally, the Committee once again requests the Government to keep it informed of the result of the judicial process under way on the dismissals of trade union officials and members of the ALFAGRES S.A. and TEXTILIA Ltd. companies and of the Ministry of Finance.
65. B. New allegations and additional information
66. 276. The International Confederation of Free Trade Unions (ICFTU) in its communications of 5 March and 8 June, the Single Confederation of Workers of Colombia (CUT), in its communication of 29 April 1998, the World Federation of Trade Unions (WFTU) in its communication of May 1998, the Trade Union Association of Civil Servants of the Ministry of Defence, the Armed Forces, the National Police and related bodies (ASODEFENSA) in its communication of 23 June 1998, allege the following:
67. Murders and attempted murders of trade union officials and members
68. -- on 30 November 1997, Elkin Clavijo and Alfonso Niño, officials of the Porce II Hydroelectric Project Workers' Trade Union, were murdered by paramilitary forces in the Municipality of Amalfi (Antioquia);
69. -- on 22 December 1997, Luis Emilio Puerta, official of the Porce II Hydroelectric Project Workers' Trade Union, was murdered by paramiliary forces in Medellín;
70. -- on 7 January 1998, José Vicente Rincón, member of the Trade Union of the Fertilizer Workers of Colombia (SINTRAFERCOL), was murdered by paramilitary forces in the Municipality of Barrancabermeja (Santander);
71. -- on 8 January, Arcángel Rubio Ramírez Giraldo, member of the Trade Union of Telecom Workers (SITTELECOM), was murdered by paramilitary forces in the Municipality of Venecia (Cundinamarca);
72. -- on 12 January 1998, Fabio Humerto Burbano Córdova, President of the Cali branch of the Trade Union Association of Employees of the National Penitentiary and Prison Institute (ASEINPEC), was murdered by paramilitary forces in Santander de Quilichao (Cauca);
73. -- on 31 January 1998, Osfanol Torres Cárdenas, member of the Trade Union of Public Enterprise Workers of Medellín (SINTRAEEPP) and Fernando Triana, member of the Medellín branch of the Executive Sub-Committee of the National Federation of Workers in the Service of the State (FENALTRASE), were murdered by paramilitary forces in Medellín, Antioquia;
74. -- on 12 February 1998, Francisco Hurtado Cabezas, agricultural official and member of the Trade Union Federation of Agricultural Workers of Colombia (FESTRACOL), was murdered in the town of Tumaco, Department of Nariño;
75. -- on 18 April 1998, Jorge Boada Palencia, trade union official of the Association of the National Penitentiary Institute (ASOINPEC) was murdered in Bogotá by paramilitary forces;
76. -- on 18 April 1998, Dr. José Eduardo Umaña Mendoza was murdered in Bogotá by three unidentified assailants. He acted as defence attorney for political prisoners, and specifically for the 18 prisoners of the Workers' Trade Union (USO);
77. -- on 9 May 1998, Jorge Duarte Chávez, member of the Workers' Trade Union (USO), was murdered in Barrancabermeja (Santander) by paramilitary forces;
78. -- on 10 June 1998, Carlos Rodríguez Márquez, member of the Workers' Trade Union (USO), was murdered in Barranquilla (Atlántico) by paramilitary forces;
79. -- on 26 May 1998, university professor Misael Díaz Urzola, member of the Supreme Council of the University of Córdoba and member of the Executive Committee of the National Federation of University Professors, was murdered in Montería;
80. -- on 11 May 1998, in Tibú (north of Santander), an attempt was made by paramilitary forces on the life of César Blanco Moreno, President of the Executive Sub-Committee of the Workers' Trade Union (USO), seriously injuring both César Blanco Moreno and his wife.
81. Death threats against union officials and members
82. -- National, regional and local lists are circulating in Colombia of names of trade union officials whose lives are threatened for their activities.
83. -- From the Executive Committee of the Single Confederation of Workers (CUT) these lists feature the names of the following officials: Luis Eduardo Garzón, President; Jorge Ortega García, Vice-President; Jesús Antonio González Luna, Director of the Human Rights Department and Domingo Rafael Tovar Arrieta, Director of the Organization Department.
84. -- The regional list features the following names: Manizales (Caldas): Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry Ocampo, Sergio Díaz and Fernando Cardona.
85. -- The local list features: Cartago (Valle): Jairo Antonio Cardona Mejía, President of the Trade Union of Workers of the Municipality of Cartago. Other officials under threat are Albeiro Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto Patiño, adviser.
86. -- In Santa Fe de Bogotá: on 27 March 1998, María Clara Vaquero Sarmiento, President of the Trade Union Association of the Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies received a death threat for demanding compliance with the labour rights of civilians employed by the Ministry of Defence.
87. Raids on union headquarters
88. -- On 6 February 1998, at 12.45 p.m., 15 armed members of the armed forces entered the premises of the CUT-Atlántico Executive Sub-Committee, broke into the offices and held a revolver to Lydis Jaraba, member of the current National Executive Committee and of the CUT-Atlántico Sub-Committee. The individuals in question, who carried no identification or search warrant, searched every office before leaving the premises.
89. Trade union persecution
90. -- The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA) alleges that the Colombian Government has employed various methods against civilian employees in the service of the armed and police forces to prevent the creation and hinder the pursuit of independent trade union activities, thereby violating the right of freedom of association. For example, the Director-General of the National Police has frequently and publicly stated that he is opposed to the existence of a police union, thereby causing anxiety to existing members and exerting pressure on other employees who wish to become members but fear grave reprisals. Other police officials use various methods to encourage existing members to leave the union, and persecute ASODEFENSA officials. These methods include posting unionized employees far from their children and families; freezing wage increases of officials and granting excessive wage increases to non-members; giving a number of union members unfairly low assessments, which are based on arbitrary, subjective and capricious reports which are not founded on any sound or objective criteria. Unionized employees are penalized for non-existent misdemeanours and authorization to employees to engage in union activities during working hours is frequently denied without due justification. Furthermore, a prior condition for determining whether such authorization will be granted is to demand information on the activities and programmes planned by the trade union, thereby violating the autonomy and independence of the organization. Although the above facts were reported to the Minister of Defence, the situation was not remedied. Trade union officials and their families frequently receive anonymous telephone and written threats of reprisals if they do not desist from their union activities. ASODEFENSA further alleges that although the police authorities state that they have instituted inquiries, these matters are not in fact investigated.
91. -- Finally, ASODEFENSA states that the legal mechanisms of union persecution have recently been strengthened as a result of the presidential approval of a law (No. 441) of 4 June 1998, which was subsequently approved by Congress, section 37(j) of which permits the military and police forces to dismiss from their employment a civilian employee who -- on the basis of a "secret" report -- is found to be "inappropriate". The mere existence of this new legal instrument constitutes a threat to the right freely to become or remain a member of a trade union. Section 71 of the law provides an employee whose life or physical safety is threatened with the possibility of being posted by the Government to another city. This right to protection is denied to civilian employees of the armed and police forces. The complainant organization further notes that Colombian legislation does not grant the right to collective bargaining to civil servants, in violation of Convention No. 98. Existing legislation states that all persons are entitled to make respectful applications to the authorities, which must be resolved within 15 days, as a general standard, but only decisions for which a precedent exists in law can be obtained through this mechanism. This channel for improving the conditions of employment of civilian employees of the armed and police forces has proved entirely ineffectual, since all applications submitted to date have been turned down on the grounds that the authorities are not bound by this legal provision to grant any additional rights or to extend existing rights. Thus, any application that is granted is not the outcome of collective bargaining but a "magnanimous" concession by the authorities. ASODEFENSA submitted a draft agreement to the President with a view to improving the deplorable conditions of employment of the civilian employees of the armed and police forces; however, all applications submitted to date have been rejected by the Government and no legal mechanism exists for using the power of "collective bargaining".
92. 277. The International Confederation of Free Trade Unions (ICFTU) in a communication of 21 October 1998, the Latin American Central of Workers (CLAT) in communications of 19 and 21 October 1998, the Single Confederation of Workers of Colombia (CUT) in communications of 20 and 26 October 1998, and the General Confederation of Democratic Unions (CGTD) in communications of 16 and 25 October 1998 presented new allegations and provided supplementary information in relation to this case. In particular, these organizations allege that in October 1998, the three trade union confederations of Colombia (CUT, CGTD and CTC) and a large number of trade unions called a national strike of government workers to protest against the economic and social policies of the Government in order to obtain a salary increase to be able to maintain the purchasing power of state workers (a list of demands had been submitted in advance). The complainants state that the Government refused to negotiate, and responded with an attitude of provocation and intolerance, and through administrative powers, declared the strike illegal in relation to many sectors (petroleum, tax collection, the judiciary, social security institution, banking). They add that the police, acting on the instructions of the Government, violently evicted workers who were peacefully occupying the sites of certain entities on strike, and physically assaulted the workers; the same occurred during a peaceful protest in Popayán and Pasto on 20 October 1998.
93. 278. Since the beginning of the national strike in October 1998 the following acts of violence were commited against trade unionists and trade union officers:
94. Murders: (1) Orfa Ligia Mejía, trade unionist, 7 october 1998, municipality of Ipiales in the department of Nariño; (2) Marcos Pérez González, member of the Electricity Union of Colombia (SINTRELECOL), 10 October 1998; (3) Jorge Ortega García, Vice-President of the CUT, 20 October 1998 (Mr. Ortega García had submitted a few hours prior to his murder new allegations in relation to this complaint); (4) Hortensia Alfaro Banderas, Vice-President of the SIDESC, 24 October 1998, municipality of Manure, department of Cesar; (5) Macario Barrera Villota, member of the Teachers' Association of Huila, 25 october 1998, Neiva, department of Huila; (6) Jairo Cruz, President of the Workers' Union of Proaceites, 26 October 1998, municipality of San Alberto, department of Cesar;
95. Physical assaults and wounding: (1) Virgilio Ochoa, trade unionist of SINTRACUAEMPONAL, 15 October 1998, Barrancabermeja; (2) Ugeniano Sánchez, trade unionist of SINTRACUAEMPONAL, 15 October 1998, Barrancabermeja, received four bullets in the head; (3) Benito Rueda Villamizar, President of SINTRACUAEMPONAL, 16 October 1998; (4) Mario Vergara and Herberto López, trade union leaders of SITTELECOM, were brutally kicked by the police; (5) 13 October 1998, the police violently struck the workers of SITTELECOM, wounding a number of them; (6) 20 October 1998, in Bogotá, on 7th avenue, between 24th and 27th street, the riot police attacked workers at the start of a peaceful demonstration in the direction of the Plaza Bolívar, and on 22 October 1998, the police attacked demonstrators who had arrived at Plaza Bolívar, having come from all over the world;
96. Detention: (1) José Ignacio Reyes, trade unionist of SITTELECOM, 8 October 1998; (2) Orlando Rivero and Sandra Parra, 16 October 1998, in the San Francisco quarter of Bolívar;
97. Death threats: (1) the spouses of trade union leaders of the United Coordinated National (grouping together CUT, CGTD and CTC).
98. Finally, all the sites of TELECOM, ECOPETROL, the agricultural fund, the social security institute (ISS) and various health centres and other institutions were invaded by the military.
99. C. The Government's reply
100. 279. In communciations of 12 March and 18 June, in connection with the alleged acts of violence against trade union officials and members, the Government states that:
101. Murders and disappearances
102. Judicial inquiries are being carried out in connection with the following individuals: Aurelio Arbeláez (4 March 1997); Guillermo Asprilla (23 July 1997); Félix Avilés Arroyo (1 December 1997); Juan Camacho Herrera (25 April 1997); Luis Orlando Camaño (Camacho) Galvis (20 July 1997); Hernando Cuadros (1994); Freddy Francisco Fuentes Paternina (18 July 1997); Néstor Eduardo Galindo (6 March 1997); Víctor Julio Garzón (7 March 1997); Isidro Segundo Gil Gil (9 December 1996); José Silvio Gómez (1 April 1996); Enoc Mendoza Riascos, Carlos Arturo Moreno, Luis Orlando Quiceno López, Nazareno de Jesús Rivera, Arnold Enrique Sánchez Maza, Camilo Suárez Ariza, Mauricio Tapias Llerena, Atilio José Vásquez, Luis Abel Villa León (León Villa), Odulfo Zambrano López, Pedro Acosta Uparela (disappeared on 28 December 1996); Rodrigo Rodríguez Sierra (disappeared on 16 February 1995); and Alvaro Taborda (disappeared on 8 January 1997).
103. Death threats The Government states that steps have been taken to carry out judicial and police inquiries into death threats against the following trade union officials and members:
104. -- members of the Executive Committee of the Trade Union of Workers of the Department of Antioquia: Aguirre Restrepo Oscar, Arango Alvaro Alberto, Barrio Castaño Horacio, Cadavid Martha Cecilia, Franco Jorge Humberto, Giraldo Héctor de Jesús, Gutiérrez Jairo Humberto, Jaramillo Carlos Hugo, Jaramillo Galeano José Luis, Ramos Zapata Rangel and Restrepo Luis Norberto;
105. -- Jorge Sliecer Marín Trujillo, President of the Trade Union of Workers of the Municipality of Chinchiná;
106. -- Víctor Ramírez, President of the transport union SINTRASON.
107. Detentions
108. Regarding the detention in December 1996 of Edgar Riaño, official of the Workers' Trade Union (USO), and of ECOPETROL members Marcelino Buitrazo, Felipe Mendoza, Monarge Sánchez, Guillermo Cárdenas, Rafael Estupiñán, Hernán Vallejo, Luis Rodrigo Carreño, Leonardo Mosquera, Fabio Liévano and César Carrillo, the Government states that they are being charged with offences of rebellion in conjunction with terrorism and association to commit crime.
109. 280. Finally, in a communication of 27 March 1998, in connection with the allegations of anti-union acts in the banking sector, the Government states that after reviewing complaints submitted to the Ministry through the Regional Labour Office of Santa Fé de Bogotá, it was found that the National Union of Banking Employees (UNEB) had filed complaint No. 4217 of 21 March 1996 against the Banco Andino for alleged violation of convention standards; once the respective inquiry had been conducted, Decision No. 000125 of 25 January 1998 was issued by the Division of Inspection and Supervision of the General Labour Office of Santa Fé de Bogotá, imposing a fine on the Banco Andino, which is now appealing against the decision. Furthermore, the Ministry has received no complaint in connection with the alleged acts by the Banco Andino and Citibank against the UNEB. Given this state of affairs and with a view to developing freedom of association and collective bargaining within a legal framework, steps have been taken, through the Division of Inspection and Supervision of the General Labour Office of Santa Fé de Bogotá, to initiate an inquiry into the allegations.

D. The Committee's conclusions

1. 281. Before analysing the allegations and observations communicated by the Government, the Committee wishes to reiterate the grave concern it had expressed when it examined this case in its meetings of March 1997 and March 1998 (see 306th and 309th Reports, paras. 274 and 82), regarding the allegations which relate principally to murders (over 150), disappearances, physical aggression, detentions and death threats against trade union officials and members and raids on trade union premises.
2. 282. The Committee recalls that the report of the direct contacts mission to Colombia in 1996 stated that "an impressive amount of violence is targeted against persons holding trade union office or whose physical integrity and personal freedom are attacked solely on account of their trade union activity" (see 306th Report, op. cit., p. 93). The Committee deplores that it must acknowledge not only that violence against trade unions has not declined, but that the allegations communicated in recent years (1997-98) appear to indicate that it has increased. Similarly, the Committee is deeply concerned and notes with consternation that there is no indication that any perpetrators of the alleged acts of violence against trade union officials and members have been arrested, tried and sentenced, thereby demonstrating the "total impunity" reported by the National Procurator to the direct contacts mission (see 306th Report, report on the mission to Colombia, p. 95). Moreover, 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, condemns the progressive deterioration of the situation and 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.
3. 283. Similarly, the Committee notes with deep concern that the acts of violence against trade union officials and members have extended to persons close to them, by reason either of family ties, or of their professional activities. In this regard, the Committee deeply regrets the murder of Dr. José Uma a Mendoza on 18 April 1998 in the city of Bogotá. Dr. Uma a Mendoza was the defence attorney of the officials and members of the Workers' Trade Union (USO), some of whom feature on the list of persons in detention appearing in the annex to this report. Consequently, the Committee urges the Government to put an end to all acts of violence against trade union officials and members and those close to them.
4. 284. The Committee emphasizes that "the killing, disappearance or serious injury of trade union leaders and members requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and on the circumstances in which they 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 that "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).
   • Allegations of acts of violence regarding which investigations have been instituted
5. 285. Regarding the allegations pending after examination of the case in the March 1998 version, the Committee notes that the Government states that judicial investigations have been initiated in connection with the following cases: Aurelio Arbeláez (murdered on 4 March 1997); Guillermo Asprilla (murdered on 23 July 1997); Félix Avilés Arroyo (murdered on 1 December 1997); Juan Camacho Herrera (murdered on 25 April 1997); Luis Orlando Camaño Galvis (murdered on 20 July 1997); Hernando Cuadros (murdered in 1994); Freddy Francisco Fuentes Paternina (murdered on 18 July 1997); Néstor Eduardo Galindo (murdered on 6 March 1997); Víctor Julio Garzón (murdered on 7 March 1997); Isidro Segundo Gil Gil (murdered on 9 December 1996); José Silvio Gómez (murdered on 1 April 1996); Enoc Mendoza Riasco (murdered on 7 April 1997); Carlos Arturo Moreno (murdered on 7 June 1995); Luis Orlando Quiceno López (murdered on 16 July 1997); Nazareno de Jesús Rivera (murdered on 12 March 1997); Arnold Enrique Sánchez Maza (murdered on 13 July 1997); Camilo Suárez Ariza (murdered on 21 July 1997); Mauricio Tapias Llerena (murdered on 21 July 1997); Atilio José Vásquez (murdered in July 1997; while the complainant organization lists him as disappeared, the Government includes him on the list of murder victims); Luis Abel Villa León (murdered on 21 July 1997); Odulfo Zambrano López (murdered on 27 October 1997); Pedro Acosta Uparela (disappeared on 28 December 1996); Rodrigo Rodríguez Sierra (disappeared on 16 February 1995); Alvaro Taborda (disappeared on 8 January 1997). Death threats: Aguirre Restrepo Oscar, Arango Alvaro Alberto, Barrio Castaño Horacio, Cadavid Martha Cecilia, Franco Jorge Humberto, Giraldo Héctor de Jesús, Gutiérrez Jairo Humberto, Jaramillo Carlos Hugo, Jaramillo Galeano José Luis, Ramos Zapata Rangel, Restrepo Luis Norberto, Jorge Sliecer Marín Trujillo, Víctor Ramírez. Detentions: Edgar Riaño, Marcelino Buitrazo, Felipe Mendoza, Monarge Sánchez, Guillermo Cárdenas, Rafael Estupiñán, Hernán Vallejos, Luis Rodrigo Carreño, Leonardo Mosquera, Fabio Liévano, César Carrillo. The Committee expresses its deep concern over these acts of violence and murders and condemns them. It requests the Government to keep it informed, as a matter of urgency, of the judicial investigations and proceedings under way.
6. 286. Likewise, the Committee requests the Government to keep it informed of the outcome of the judicial investigations under way, as stated during the previous meeting of the Committee (March 1998), in connection with murders, disappearances and death threats against the following trade union officials and members: Murders: Antonio Moreno (12 August 1995); Manual Ballesta (13 August 1995); Francisco Mosquera Córdoba (February 1996); Carlos Arroyo de Arco (February 1996); Francisco Antonio Usuga (22 March 1996); Pedro Luis Bermúdez Jaramillo (6 June 1995); Armando Umanes Petro (23 May 1996); William Gustavo Jaimes Torres (28 August 1995); Ernesto Fernández Pezter; Jaime Eliacer Ojeda; Alfonso Noguera; Alvaro Hoyos Pabón (12 December 1995); Libardo Antonio Acevedo (7 July 1996); Néstor Eduardo Galíndez Rodríguez (4 March 1997); Erieleth Barón Daza (3 May 1997); Jhon Fredy Arboleda Aguirre, William Alonso Suárez Gil and Eladio de Jesús Chaverra Rodríguez (11 February 1997 to 7 March 1997); Luis Carlos Muñoz (7 March 1997); Nazareno de Jesús Rivera García (12 March 1997); Héctor Gómez (22 March 1997); Gilberto Casas Arboleda, Norberto Casas Arboleda, Alcides de Jesús Palacios Arboleda and Argiro de Jesús Betancur Espinosa (11 February 1997); Bernardo Orrego Orrego (6 March 1997); José Isidoro Leyton (25 March 1997); Magaly Peñaranda (27 July 1997); David Quintero Uribe (4 August 1997); Eduardo Enrique Ramos Montiel (14 July 1997); Libardo Cuéllar Navia (23 June 1997); Wenceslao Varela Torrecilla (29 July 1997); Abraham Figueroa Bolaños (25 July 1997); Edgar Camacho Bolaños (25 July 1997); Disappearance: Ramón Osorio (disappeared on 15 April 1997); Death threat: Jairo Alfonso Gamboa López.
   • Allegations of acts of violence on which the Government has not communicated its observations
7. 287. The Committee notes that the Government has not communicated any information on the numerous pending or presented allegations in 1997 and 1998 in connection with the murders, disappearances, physical aggressions and death threats against trade union officials and members, as well as raids on union premises (see annexed the complete list of allegations on which the Government has not communicated its observations). The Committee further urges the Government to communicate its observations on all the allegations in the annex of this case without delay. In the light of the prevalence of violence against trade unionists, the Committee urges the Government to take immediate steps to provide protection to those trade union officials and members who have received death threats, appearing in the annexed list.
   • Anti-union acts
8. 288. In connection with allegations pending on anti-union acts in the banking sector following its previous examination of the case, the Committee notes specifically that the ICFTU alleged that the National Union of Banking Employees (UNEB) presented a list of demands to the Banking Association covering 30 entities in the banking sector but that the Association refused to act as the intermediary with respect to these 30 financial institutions. The UNEB, in the legal exercise of its trade union activities, organized marches, demonstrations, public information meetings and, through its publications, provided information on the dispute and the state of negotiations. According to the complainant, the employers of the banking entities, with the support of the police, impeded the free exercise of trade union and information rights, using repressive methods 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 so far as to include the arbitrary detention of the UNEM leader, Carlos Romero, who was later released. The complainant has stated that, in the Citibank and Banco Andino, trade union leaders responsible for informing the employees of the developments in the dispute and the negotiations were obstructed from entering these banks, frequently with the use of public forces. According to the allegations, these actions were accompanied by blackmail and threats 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. In addition, the complainant states that the Citibank branches in Santa Fé of Bogotá where repression of trade union activity has been most intense are those of Puente Aranda, Barrio Chico, Barrio Cedritos and Jimenez Avenue. On 2 December 1997, the manager of the Jimenez Avenue branch took photographs of a number of trade union leaders and workers. The purpose for which these photographs were intended is unknown. The taking of photographs and making of video recordings by banking employers has become a frequent practice which had previously been carried out by the security chiefs of the Sudameris and Anglo Colombiano banks.
9. 289. In this connection, the Committee notes that the Government states that: (1) the National Union of Banking Employees (UNEB) communicated a complaint to the Regional Labour Office of Bogotá against the Banco Andino for alleged violation of convention standards, in response to which the administrative authorities decided to impose a fine on the bank. The Banco Andino is appealing against this decision; (2) no reports have been submitted to the Ministry of Labour regarding the alleged anti-union conduct by the Banco Andino and Citibank but the Inspection and Supervision Division of the Regional Labour Office of Bogotá has nonetheless initiated an inquiry in this connection. The Committee urges the Government to keep it informed regarding the results of the appeal lodged by the Banco Andino against the administrative decision to impose a fine for violation of convention standards, and regarding the inquiry ordered into the alleged anti-union acts committed by the authorities of the Banco Andino and Citibank. The Committee further asks the Government to extend the scope of its inquiry to include the Sudameris and Anglo Colombiano banks, which are also mentioned by the complainants and, if the allegations are substantiated, to punish those responsible for such acts and to prevent a repetition of such acts in the future.
10. 290. The Committee asks the Government to communicate without delay its observations on (1) the allegations regarding acts of trade union persecution against officials and members of the Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and related bodies (ASODEFENSA), and (2) concerning the allegations presented by the ICFTU, CLAT, CUT and CGTD in October 1998 concerning the murder, physical assaults, death threats and detention of trade unionists and trade union leaders arising out of the national strike of government workers. In this context, the Committee observes that Jorge Ortega García, Vice-President of the CUT, was among the trade union leaders murdered in October 1998, who the day he was murdered had signed a communication presenting new allegations relating to this case and who had also received death threats. The Committee deeply deplores the murder of Mr. Ortega García and observes that this is the second time that a trade union leader submitting a complaint of violations of trade union rights before the Committee on Freedom of Association is murdered.
11. 291. The Committee reiterates its request to the Government to keep it informed on the results of the judicial process under way on the dismissal of trade union officials and members of the ALFAGRES S.A. and TEXTILIA Ltd. companies and of the Ministry of Finance.

Z. Annex

• Allegations on which the Government has not communicated its observations
• Murders and disappearances
  1. (1) Manuel Francisco Giraldo, member of the Executive Committee of the
• National Trade Union of Workers in the Agricultural Industry (SINTRAINAGRO),
  22. on 22 March 1995;
  2. (2) 23 workers who were members of the National Trade Union of Workers in the
• Agricultural Industry (SINTRAINAGRO), on 29 August 1995;
  3. (3) 24 workers of 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;
  4. (4) Alvaro David (member of the workers' committee of the Los Planes estate,
• who was a member of SINTRAINAGRO), on 22 March 1996;
  5. (5) Jairo Navarro, trade union member, who disappeared on 6 June 1995;
  6. (6) Sabas Domingo Zocadagui Paredes, trade union leader, on 3 June 1997 in the
• city of Arauca;
  7. (7) José Ricardo Sáenz, member of the Teachers' Federation of Colombia, who
• disappeared on 24 July 1996;
  8. (8) Misael Pinzón Granados, trade union member, who disappeared on 12 July
  1997. 1997;
  9. (9) Eduardo Ramos, trade union leader at the "El Chispero" estate in Apartadó,
• Urabá, Antioquia, on 14 July 1997;
  10. (10) Arley Escobar, President of the Cali branch of the Trade Union of the
• National Penitentiary and Prison Institute (INPEC), on 18 July 1997;
  11. (11) Emiliano Jiménez, member of the Oil Industry Workers' Trade Union (USO),
• who disappeared on 27 October 1997;
  12. (12) Amadeo Jalave Díaz, member of the Oil Industry Workers' Trade Union
• (USO), who disappeared on 27 October 1997;
  13. (13) Jhoni Cusillo, official of ECOPETROL, who disappeared on 27 October 1997;
  14. (14) Ulpiano Carvajal, official of ECOPETROL, who disappeared on 27 October
  1997. 1997;
  15. (15) Rami Vaca, official of ECOPETROL, who disappeared on 27 October 1997;
  16. (16) José Giraldo, Secretary of SINDICONS, who was murdered in Medellín on 26
• November 1997;
  17. (17) Elkin Clavijo, official of the Trade Union of the Porce II Hydroelectric
• Project Workers, was murdered in the Municipality of Amalfi (Antioquia) on 30
• November 1997;
  18. (18) Alfonso Niño, official of the Trade Union of the Porce II Hydroelectric
• Project Workers, was murdered in the Municipality of Amalfi (Antioquia) on 30
• November 1997;
  19. (19) Luis Emilio Puerta, official of the Porce II Hydroelectric Project
• Workers' Trade Union, was murdered in Medellín on 22 December 1997;
  20. (20) José Vicente Rincón, member of the Trade Union of the Fertilizer Workers
• of Colombia (SINTRAFERCOL), was murdered in the Municipality of
• Barrancabermeja (Santander) on 7 January 1998;
  21. (21) Arcángel Rubio Ramírez Giraldo, member of the Trade Union of Telecom
• Workers (SITTELECOM), was murdered in the Municipality of Venecia
• (Cundinamarca) on 8 January 1998;
  22. (22) Fabio Humberto Burbano Córdova, President of the Cali branch of the Trade
• Union Association of Employees of the National Penitentiary and Prison
• Institute (ASEINPEC), was murdered in Santander de Quilichao (Cauca) on 12
• January 1998;
  23. (23) Osfanol Torres Cárdenas, member of the Trade Union of Public Enterprise
• Workers of Medellín (SINTRAEEPP) was murdered in Medellín on 31 January 1998;
  24. (24) Fernando Triana, member of the Medellín branch of the Executive
      • Sub-Committee of the National Federation of Civil Servants (FENALTRASE), was
  25. murdered in Medellín on 31 January 1998;
  25. (25) Francisco Hurtado Cabezas, agricultural official and member of the Trade
• Union Federation of Agricultural Workers of Colombia (FESTRACOL), was murdered
• in the town of Tumaco, Department of Nariño on 12 February 1998;
  26. (26) Jorge Boada Palencia, trade union official of the Association of the
• National Penitentiary Institute (ASOINPEC) was murdered on 18 April 1998;
  27. (27) Dr. José Eduardo Umaña Mendoza, defence attorney for the union officials
• and members of the Workers' Trade Union (USO), was murdered in Bogotá on 18
• April 1998;
  28. (28) Jorge Duarte Chávez, member of the Workers' Trade Union (USO), was
• murdered in Barrancabermeja (Santander) on 9 May 1998;
  29. (29) Carlos Rodríguez Márquez, member of the Workers' Trade Union (USO), was
• murdered in Barranquilla on 10 May 1998;
  30. (30) Misael Díaz Urzola, member of the Executive Committee of the National
• Federation of University Professors, was murdered in Montería on 26 June 1998.
  31. (31) Alexander Cardona, member of the Regional Committee of the Workers' Trade
• Union (USO), was kidnapped and has been missing since 14 July 1998.
  32. (32) Mario Jimenez, member of the Casobe Subcommittee, was kidnapped and has
• been missing since 27 July 1998.
• Detention of trade union officials and members
  1. (1) Luis David Rodríguez Pérez, former official of the National Union Workers
• of Incora-SINTRADIN.
  2. (2) Elder Fernández and Gustavo Minorta, members of ECOPETROL, in December
  1996. 1996
• Raids on union headquarters, telephone tapping, surveillance of trade union
• members
  1. (1) A raid on the headquarters of the Single Agricultural Trade Union
• Federation (FENSUAGRO), and tapping of telephones in the union headquarters
• and in members' homes and surveillance of the President of the Federation,
• Luis Carlos Acero, by armed persons.
  2. (2) On 6 February 1998, at 1245 p.m., 15 armed members of the armed forces
• entered the premises of the CUT-Atlántico Executive Sub-Committee, broke into
• the offices and held a revolver to Mrs. Lydis Jaraba, member of the current
• National Executive Committee and of the CUT-Atlántico Executive Sub-Committee.
• The individuals in question, who carried no identification or search warrant,
• searched every office before leaving.
• Physical aggression and police repression
  1. (1) Police repression against workers from the state enterprises in Cartagena
• during a peaceful demonstration, on 29 June 1995.
  2. (2) Police repression against workers from the Empresas de Acueductos e
• 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 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 taking
• part in the protest).
  3. (3) The police assaulted, and injured, the following trade union members:
• Héctor Moreno, Edgar Méndez, César Castaño, Luis Cruz and Janeth Leguisamón,
• who were taking part in a public information day on 6 January 1997, organized
• by the National Traffic Police Association (ANDAT).
• Attempted murder
  1. (1) Edgar Riaño, Darío Lotero, Luis Hernández and Monerge Sánchez, trade union
• members.
  2. (2) Gilberto Correño, leader of the Workers' Trade Union (USO), on 7 December
  1996. 1996
  3. (3) César Blanco Moreno, President of the Executive Sub-Committee of the
• Workers' Trade Union (USO), on 11 May 1998.
• Death threats
  1. (1) Bertina Calderón (Vice-President of CUT).
  2. (2) Daniel Rico (President of the Federation of Oil Workers -- FEDEPETROL).
  3. (3) The members of the Executive Committee of the Single Agricultural Trade
• Union Federation (FENSUAGRO).
  4. (4) Francisco Ramírez Cuéllar (President of the Trade Union of the Mineralco
• S.A. Enterprise Workers).
  5. (5) Pedro Barón, President of the Tolima branch of the Single Confederation of
• Workers (CUT), by members of the security forces after taking part in a
• protest strike on 19 July 1995.
  6. (6) Members of the Executive Committee of the Union of Titán S.A. Workers, in
• the municipality of Yumbo, received death threats from a paramilitary group
• called "Colombia without guerrillas" (COLSINGUE), on 26 October 1995 and 17
  1. May 1996.
  7. (7) Members of the Executive Committee of the South Bolívar Agromining
• Association, Justo Pastor Quiroz, Secretary; Roque León Salgado, Treasurer;
• and Bersaly Hurtado, attorney, received threats.
  8. (8) The National Executive Committee of the Single Confederation of Workers of
• Colombia (CUT), Luis Eduardo Garzón, President; Jesús Antonio González Luna,
• Director of the Human Rights Department; and Domingo Rafael Tovar Arrieta,
• Director of the Organization Department.
  9. (9) Oscar Arturo Orozco, Hernán de Jesús Ortiz, Wilson García Quiceno, Henry
• Ocampo, Sergio Díaz and Fernando Cardona.
  10. (10) Jairo Antonio Cardona Mejía, President of the Union of Workers of the
• Municipality of Cartago. Other officials who have been threatened are: Albeiro
• Forero, Gilberto Tovar, Hernando Montoya, Marino Moreno and Gilberto Nieto
• Patiño, adviser.
  11. (11) On 27 March 1998, María Clara Vaquero Sarmiento, President of the Trade
• Union Association of Civil Servants of the Ministry of Defence, Armed Forces,
• National Police and related bodies.