Report in which the committee requests to be kept informed of development - Report No 356, March 2010

Case No 1787 (Colombia) - Complaint date: 28-JUN-94 - Follow-up

Allegations: Murders and other acts of violence against trade union leaders and trade unionists

1. 473. The Committee last examined this case at its March 2009 meeting [see 353rd Report, paras 469–521, approved by the Governing Body at its 304th Session]. The World Federation of Trade Unions (WFTU) sent new allegations in a communication dated 4 May 2009. The Single Confederation of Workers of Colombia (CUT) sent new allegations in a communication dated 24 April 2009. The International Trade Union Confederation (ITUC) sent new allegations in a communication dated 15 May 2009. The National Union of Food Industry Workers (SINALTRAINAL) sent new allegations in a communication dated 3  February 2009. In a communication dated 19 June 2009, the CUT sent additional allegations.
2. 474. The Government sent its observations in communications dated 4, 10 and 24 March, 26 May, 16 July, 26 August, 26 October, 7, 12, 14 and 15 December 2009, 14 and 22 January and 5 March 2010.
3. 475. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 476. At its meeting in March 2009 the Committee formulated the following recommendations on the allegations that were still pending, most of which related to acts of violence against trade unionists [see 353rd Report, para. 521]:
   • (a) With regard to acts of violence in particular, the Committee observes that considerable progress has been made in combating violence. Nevertheless, the situation of officials, members and the trade union movement in general continues to be grave; the Committee deplores this situation which it considers unacceptable and totally incompatible with the requirements of the Convention. Under these circumstances, the Committee urges the Government to continue to take all the necessary measures to ensure that workers and trade unions can exercise their rights in full in freedom and security.
   • (b) With regard to the list submitted by the trade union confederations which contains 2,669 officials and members murdered and 197 disappeared, in incidents which occurred between 1 January 1986 and 30 April 2008, the Committee invites the trade unions to make available to the Government and the Office of the Public Prosecutor all the additional relevant information which it may have in order to enable the Office of the Public Prosecutor to update the number of cases that require investigation. The Committee requests the Government to keep it informed in that respect.
   • (c) With respect to progress in the investigations and information provided by the Office of the Public Prosecutor and the Government, the Committee requests the Government to continue to take all the necessary measures to achieve significant progress in the outstanding investigations and the new investigations begun on the basis of the complaints contained in the "new allegations" section and thereby to put an end to the intolerable situation of impunity. The Committee requests the Government to inform it in detail concerning progress in each of the investigations begun, who the guilty persons were, and, in particular, whether it was a case of specific armed groups and what their motives were.
   • (d) As regards the complaints of the ITUC concerning the existence of a close link between paramilitary groups and the DAS which is responsible for providing protection to trade union officials and members, the Committee notes with deep regret that the Government has not sent its observations and strongly urges it to do so without delay.
   • (e) With reference to the Justice and Peace Act, No. 975, while observing that the impact of this new law on investigations into acts of violence against the trade union movement is now very limited, the Committee requests the Government to continue to keep it informed of progress in the application of this law and its relation to progress in the abovementioned investigations.
   • (f) As regards the so-called "Operation Dragon", which according to the allegations was intended to eliminate several trade union officials, the Committee urges the Government to take the necessary measures to ensure that this investigation yields concrete results as soon as possible and to send its observations in this respect.
   • (g) As regards the mass detentions of trade unionists alleged by FENSUAGRO in its communication of June 2007, once again the Committee observes that the Government has not sent information in this respect. In these circumstances, bearing in mind the time that has elapsed, the Committee urges the Government to inform it without delay whether the trade unionists are still detained, whether the detentions are based on orders issued by the judicial authority and the grounds for those orders and the status of the related judicial proceedings.
   • (h) As regards protection measures for trade unionists, the Committee requests the Government, while using every means in its power to eradicate violence against trade union officials and members, to take all necessary measures to ensure better and broader protection for threatened trade union officials and members who request it. The Committee requests the Government to continue to send information on any additional measures adopted in this respect and to keep it informed of developments.
   • (i) The Committee considers it necessary to draw the special attention of the Governing Body to this case because of the extreme seriousness and urgency of the matters dealt with therein.

B. New allegations

1. 477. In their communications, the WFTU, CUT, ITUC and SINALTRAINAL make allegations that are summarized as follows:
   • Murders
2. 1. Mario Zuluaga, 2 January 2008, in Antioquia, member of ASMEDAS.
3. 2. Miguel Andrés López, 11 January 2008, in Amazonas, member of the Trade Union Association of Employees of the National Prison Institute (ASEINPEC).
4. 3. Israel Andrés Pérez Montes, 11 January 2008, in César, member of SINTRADRUMMOND.
5. 4. María Teresa Trujillo, 9 February 2008, in Cauca, member of ASOINCA.
6. 5. Miller Vaquero, 9 March 2008, in Tolima, member of the Single Agricultural Trade Union Federation (FENSUAGRO)
7. 6. Ignacio Andrade, 15 March 2008, in Tolima, member of FENSUAGRO.
8. 7. Julio César Trochez Peña, 22 March 2008, in Valle, member of the Single Education Workers' Trade Union of Valle (SUTEV).
9. 8. Rafael Antonio Leal Medina, 4 April 2008, in Tolima, member of AICA.
10. 9. Omar Ariza, 7 April 2008, in Valle, member of SUTEV.
11. 10. Luis Enrique Gutiérrez Ruiz, 15 April 2008, in Cundinamarca, member of SINDESENA.
12. 11. Guillermo Rivera Funeque, 28 April 2008, in Tolima, member of SINSEVPUB.
13. 12. Tomás Alberto Chiquillo Pascuales, 10 May 2008, in Magdalena, member of SINTRAPROACEITES.
14. 13. Luis Orlando Gelves, 11 May 2008, in Arauca, member of FENSUAGRO.
15. 14. Marcelo Sánchez Vergara, 5 June 2008, in Valle, member of SUTEV.
16. 15. Omar Alexander Camacho Vásquez, 6 June 2008, in Norte de Santander, member of ASEINPEC.
17. 16. Javier Darío Peláez Castaño, 13 June 2008, in Valle, member of ASEINPEC.
18. 17. Walter Aníbal Recalde Ordóñez, 19 June 2008, in Valle, member of ASEINPEC.
19. 18. José Humberto Muñoz Guarín, 22 June 2008, in Valle, member of SUTERV.
20. 19. Haly Martín Mendoza Carreño, 9 June 2008, in Norte de Santander, member of ASINORT.
21. 20. Jesús Palomeque Valencia, 5 August 2008, in Norte de Santander, member of ASINORT.
22. 21. Luis Maryusa Prada, 8 August 2008, in Arauca, member of the CUT.
23. 22. Manuel Emirson Gamboa Meléndez, 13 August 2008, in Putumayo, member of FENSUAGRO.
24. 23. José Omar Galeano Martínez, 23 August 2008, in Valle, member of FECOLOT.
25. 24. Pablo Flórze Barrera, 24 August 2008, in Magdalena, member of SINTRAMINERGETICA.
26. 25. Jesús Escorcia Cortés, 24 August 2008, in Atlántico, member of SINTRAMINERGETICA.
27. 26. Eliseo Vera González, 27 September 2008, in Norte de Santander, member of ASEINPEC.
28. 27. Álvaro Antonio Guecha Morales, 18 October 2008, in Boyacá, member of SINDIMAESTROS.
29. 28. Estiven Bastidas Jeferson, 25 October 2008, in Putumayo, member of FENSUAGRO.
30. 29. Roberto Morales, 13 November 2008, in Valle, member of SUTEV.
31. 30. William Rubio Ortiz, 12 December 2008, in Cauca, member of SINTRAMBIENTE.
32. 31. Adolfo Tique, 1 January 2009, in the municipality of Prado, department of Tolima, leader of the Tolima Farm Workers' Union (SINTRAGRITOL).
33. 32. Diego Ricardo Rasedo Guerra, 7 January 2009, in the municipality of Sabanas de Torres, department of Santander, member of the Agrarian Association of Santander (ASOGRAS).
34. 33. Arled Samboni Guaca, 16 January 2009, in the municipality of Argelia, official of the Rural Workers' Association of the municipality of Argelia (ASCAMTA).
35. 34. Leovigildo Mejía, 28 January 2009, in the municipality of Sabana de Torres, member of ASOGRAS.
36. 35. Luis Alberto Arango Crespo, 12 February 2009, in Barrancabermeja, President of the Fishers and Farmers Association of Llanito, the municipality of Barrancabermeja.
37. 36. Guillermo Antonio Ramírez, 15 February 2009, in Belén de Umbría, member of the Teachers' Trade Union of Risaralda.
38. 37. Leoncio Gutiérrez, 20 February 2009, in Valle del Cauca, member of SUTEV.
39. 38. Ramiro Cuadros Roballo, 24 March 2009, in Tulúa, member of SUTEV.
40. 39. José Alejandro Amado Castillo and Alexander Pinto Gómez, 21 March 2009, in Santander, members of ASEINPEC.
41. 40. Armando Carreño, 27 March 2009, in Arauca, member of the Manual Workers' Trade Union.
42. 41. Hernán Polo, 5 April 2009, in the department of Córdoba, President of the Regional Trade Union of Employees and Workers of the Ministry of National Education (his six-year-old son was injured in the same attack).
43. 42. Asdrúbal Sánchez Pérez, 18 April 2009, in the department of Córdoba, member of ASEINPEC.
44. 43. Frank Mauricio Aguirre Aguirre, 16 April 2009, in Itagüi, member of ASEMPI.
45. 44. Edgar Martínez, 22 April 2009, in Bolívar, member of FEDEAGROSIMBOL.
46. 45. Víctor Franco Franco, 23 April 2009, in the municipality of Villamaría, member of the United Teachers' Trade Union of Caldas (EDUCAL).
47. 46. Milton Blanco, in Villamaría, 24 April 2009, member of ASEDAR.
48. 47. Rigoberto Julio Ramos, 9 May 2009, in Córdoba, member of ADEMACOR.
49. 48. Vilma Cárcamo Blanco, 9 May 2009, in the municipality of Magangue, member of the Executive Committee of ANTHOC.
50. 49. Hebert Sony Cárdenas, 15 May 2009, in Santander, member of ASODEMI.
51. 50. Sikuani Pablo Rodríguez Garavito, 5 June 2009, member of the Teachers' Association of Arauca.
52. 51. José Humberto Echeverry Garro, 12 June 2009, in the municipality of Arauquita, member of the Teachers' Association of Arauca.
    • Attempted murder
53. 1. José Jair Valencia, shot on 26 February 2009, member of EDUCAL.
54. 478. In its communication dated 3 February 2009, SINALTRAINAL alleges that there were seven murders at Nestlé between 1986 and 2007 (Héctor Daniel Useche Berón, Harry Laguna Triana, José Manuel Becerra, Toribio de la Hoz Escorcia, Alejandro Matías Hernández, Hernando Cuartas, José de Jesús Marín Vargas), one disappearance (Luis Alfonso Vélez Vinazco) and several instances of members of SINALTRAINAL being threatened and harassed.
55. 479. In its communication of 19 June 2009, the CUT sent a detailed analysis of the climate of violence and impunity and an assessment of the measures that had been adopted. It points out that the Office of the Public Prosecutor only investigates cases that are listed in the present Case No. 1787, and the CUT therefore supplied the Committee with a list of 2,712 murders and other violations of the law. This information was also sent to the Office of the Public Prosecutor and to the Ministry of Social Protection so that the State could investigate all the cases and punish the guilty parties. The CUT emphasizes the need to adopt a strategy for investigating all the cases and that no corresponding structural measures have been adopted. These issues need to be discussed in the Inter-institutional Committee on Human Rights.
56. 480. The CUT observes that the Government has decided to transfer responsibility for protecting trade union leaders from the Department of Administrative Security (DAS) to a private enterprise and states that it has opposed this step as a distortion of the responsibility of the State to protect trade union members who are in danger.
57. 481. With regard to the allegation concerning DAS operations according to which the DAS has links with paramilitary agents for murdering trade unionists, the CUT states that on 8 May 2009 the Public Prosecutor accused the DAS' former Director Mr Noguera, before the Supreme Court of Justice of the murder of Mr Zully Esther Codina, Mr Adán Pacheco, Mr Alfredo Correa de Andreis and Mr Fernando Pisciotti. The first three of these were union leaders and the fourth a political leader. Meanwhile, no charges have been brought in the case of 21 union leaders who were allegedly on lists handed over to the paramilitary forces by the DAS.

C. The Government's reply

1. 482. In its communications dated 4, 10 and 24 March, 26 May, 16 July, 26 August, 26 October, 7, 12, 14 and 15 December 2009, and 14 and 22 January and 5 March 2010, the Government sent the following observations.
   • (a) Climate of violence
2. 483. The Government considers it important to point out that the climate of violence and attacks against life has affected thousands of Colombians every year and that the trade unionists were among those victims. In the table below, the Government shows that the murders do concern not only trade unionists but a large number of Colombians.
   • (Table not included)
3. 484. Though there is no denying that it has been impossible to eradicate violence against trade union activists, the improvement in the situation as a whole is reflected in the decline in the number of crimes against members of trade union organizations. This is thanks to the special measures adopted by the Government and the judiciary, such as the increased budget and improvement of the Government's protection programmes and the strengthening of the judicial sector with the establishment of a Sub-unit for Crimes against Trade Unionists, of the National Unit for Human Rights and International Humanitarian Law, of the Office of the Public Prosecutor and of the special courts for combating impunity in the case of crimes against members of trade union organizations.
4. 485. As a result, the total number of homicides in the Colombian population dropped by 44.1 per cent between 2002 and 2008 and that of homicides among members of the trade union movement by 81 per cent. In 2009 the number of trade unionists murdered declined by 34.6 per cent, though this does not mean that the murder of trade unionists stems from their union activities.
5. 486. Thanks to the efforts of the State the number of murdered trade unionists has been steadily declining, and compared with 193 in 2002 the figure is now much lower. Despite the improvement the Government does recognize that difficulties remain, and it intends to continue its efforts tirelessly until all acts of violence against members of trade union organizations have ended.
   • (b) Status of the investigations into acts of violence
     • Homicides in 2009
   • 487. With regard to the alleged homicides in 2009, the Government sent the following information:
6. 1. Adolfo Tique, file No. 735856000484200900001, killed 1 January 2009, member of ASTRACATOL-SINTRAGRITOL. The First Sectional Prosecutor's Office of Purificación is pursuing its investigation under criminal file No. 735856000484200900001 with the assistance of an official of the Investigation Unit of Purificación (SIJIN). Initial reports indicate that he was not threatened in any way.
7. 2. Diego Ricardo Rasedo Guevara, killed 6 January 2009 in the village of Agua Bonita, municipality of Sabana de Torres. Status of investigation: Jaime Rodríguez Figueroa was sentenced to 11 years in prison; the sentence was appealed.
8. 3. Arled Samboni Guaca, ID No. 16.932.895, killed 21 January 2009. Investigation file No. 190016000602200900091 currently with the Third Sectional Prosecutor's Office.
9. 4. Leovigildo Mejía, member of ASOGRAS, disappeared and murdered 28 January 2009; his body was found with two bullet wounds in Sabana de Torres. Investigation file No. 68655000225200900029 currently with the Support Unit of the Prosecutor.
10. 5. Luis Alberto Arango Crespo, President of the Fishermen's and Agricultural Workers' Association of Llanito, municipality of Barrancabermeja, Santander, and leader of the Artisan Fishermen's Association of Magdalena Medio (ASOPESAM), murdered 12 February 2009. The investigation has led to the arrest of three persons by the police. According to information from trade union files, the Association does not appear as a trade union organization. Investigation file No. 680816000135200900094, Second Special Prosecutor's Office of Bucaramanga, currently awaiting trial, with three persons being held in preventive detention.
11. 6. Guillermo Antonio Ramírez Ramírez, murdered 15 February 2009, municipality of Belén de Umbría Risaralda (western Colombia). Primary teacher at "Juan Hurtado" school. According to information supplied by the trade union none of its members had been threatened by any individual or group operating outside the law. Investigation file No. 66866000062200900075, Sectional Prosecutors' Office of Belén de Umbría Risaralda. The Guarantee Monitoring Judge declared the arrest warrant legal, authorized a house search on grounds of aggravated homicide and ordered the preventive detention of a person who accepted the charges. He was indicted on 26 May 2009 and filed a plea bargain.
12. 7. José Jair Valencia Agudelo, victim of an attempt on his life on 26 February 2009. URI file No. 174866108805200980022, 20th Sectional Prosecutor's Office, Manizales, attempted murder. The investigation is under way.
13. 8. Ramiro Cuadros, member of SUTEV, murdered 24 March 2009, apparently after receiving death threats. A reward of 5 million Colombian pesos (COP) was offered for information leading to the arrest of the perpetrators. Criminal investigation file No. 768346000187200980055, dated 24 March 2009. The investigation is being conducted by officials of the DEVAL criminal investigation section in coordination with the 31st Sectional Prosecutors' Office of Tulúa, where it is currently under way.
14. 9. José Alejandro Amado Castillo and Alexander Pinto Gómez, members of ASEINPEC, murdered 21 March 2009. According to the President of the trade union, neither of the victims had received threats. A reward of COP5 million was offered for information leading to the arrest of the perpetrators. Criminal investigation file No. 68001600015920091308, Third Support Unit of the Prosecutor's Office, Bucaramanga. The investigation is being conducted in conjunction with the judicial police of the technical investigation unit of the CTI, the judicial police of the criminal investigation section SIJINMEBUC and the DAS, under file No. 68001600015920091308 of the Third Support Unit of the Prosecutor's Office of Bucaramanga. The investigation is currently under way and steps are being taken to identify, locate and indict the perpetrators and to establish their motive.
15. 10. Hernán Polo, official of the Administrative Workers' and Employees' Trade Union of the Education Sector (SINTRENAL), murdered 4 April 2009 in front of his residence. The Córdoba police offered COP20 million for information leading to the arrest of the perpetrators.
16. 11. Asdrúbal Sánchez Pérez, member of ASEINPEC, murdered 18 April 2009 in the city of Montería, department of Córdoba. One of the murderers died and the other was caught and is under arrest. According to reports, the motive was the theft of jewellery worn by the victim. File No. 230016001015200902004, Fourth Sectional Prosecutor's Office of Montería. Arrest, indictment and preventive detention of the suspect, who accepted the charges. Deibis Antonio Hoyos Navarro was sentenced to 21 years in prison; the sentence is under appeal.
17. 12. Edgar Martínez, member of FEDEAGROMISBOL. According to trade union files the association is not registered as a trade union. Investigation file No. 136706001122200980103, Second Sectional Prosecutor's Office of San Pablo Cartagena. The investigation is under way.
18. 13. Franco Franco Víctor murdered in Villamaría Caldas, 23 April 2009. Investigation file No. 70016000030200900146, 13th Sectional Prosecutor's Office of Manizales. The investigation is under way.
19. 14. Milton Blanco Leguizamón, murdered 24 April 2009, opposite the TAME Coliseo, municipality of Arauca Barrio, Sucre. A reward of COP10 million was offered for information leading to the arrest of the perpetrators. Investigation file No. 817946109541200980185, Humanitarian Affairs Investigation Unit of the First Prosecutor's Office of Cúcuta. Status of investigation: a hearing is being held into the arrest warrant, indictment and preventive detention of the suspect.
20. 15. Vilma Cárcamo Blanco, member of ANTHOC, murdered 9 May 2009. A reward of COP5 million was offered for information leading to the arrest of the perpetrators. Investigation file No. 134306001118200900779, 19th Sectional Prosecutor's Office of Magangue. The investigation is under way.
21. 16. Frank Mauricio Aguirre Aguirre, member of ASEMPI, murdered 16 April 2009 in Itagüí, Antioquia. Investigation conducted by Section 235 of Itagüí. A reward of COP5 million was offered for information leading to the arrest of the perpetrators.
22. 17. Julio Ramos Rigoberto, murdered 9 May 2009 at Kilometre 18 on the road from Moñitos to San Bernardo del Viento, at a location known as La Apartada de La Rada. A reward of COP5 million was offered for information leading to the arrest of the perpetrators. Investigation file No. 234176100586200980075, section 26 of the Prosecutor's Office of Lorica Montería. The investigation is under way.
23. 18. Herbert Sony Cárdenas Camargo, member of ASODEMI, murdered 15 May 2009. This miners' association is not registered as a trade union. Investigation file No. 680816000135200900378, Support Unit of the First Prosecutor's Office of Bucaramanga. The investigation is under way.
    • Homicides in 2008
24. 488. With regard to the alleged homicides in 2008, which are being handled by the Sub-unit of the Office of the Prosecutor for Human Rights, the Government gives the following figures and states that the following results have been achieved:
    • - sentences handed down: 4
    • - persons convicted: 5
      • The cases in which these decisions were reached are as follows:
      • (Table not included)
      • The convictions obtained in the first three of these cases, in which four victims were involved, were due to the work of investigators of the Sub-unit, and in the fourth case to that of investigators from another unit under the supervision of the Office of the Public Prosecutor. In 2009 two cases were brought to trial: one has been investigated and the rest are under investigation.
      • Threats
    • 489. With regard to the alleged threats against Ms Lina Paola Malagón, the Government states that as soon as it was informed of the threats it provided her with institutional protection under the Protection Programme run by the Minister of the Interior and of Justice, so as to offer her all the guarantees and security she might request. However, the Coordinator of the Legal Protection Area of the Colombian Commission of Jurists (CCJ) informed the Government that, since provisional protective machinery existed at the Commission on International Human Rights and at the International Human Rights Court, a joint meeting had been requested on protective measures. In the light of the Commission's position, the Ministry of Social Protection sent a communication to Ms Malagón suggesting that she consider the deployment of immediate measures.
25. 490. Finally, the national police conducts police rounds and has a strategic security arrangement with members of the CCJ, which has a direct link to the Human Rights Coordinator of the national police, which deals with problems as they arise. Specifically, the National Police has provided institutional support and assistance and maintained communications between one of its members and a lawyer from the Commission.
26. 491. As to the investigations to determine who was responsible for the threats, the Ministry of Foreign Affairs asked the Office of the Public Prosecutor (International Affairs Department) to inform it of the steps taken in response to the complaint and to keep it informed of developments in any criminal investigation initiated.
    • Allegations presented by SINALTRAINAL
27. 492. With regard to the alleged attacks on leaders and members of SINALTRAINAL, the Government has asked the Office of the Public Prosecutor for information on the complaints. It emphasizes that the investigations concerning the members of SINALTRAINAL (as well as of the other organizations) are being conducted by the Sub-unit attached to the Human Rights Unit of the Office of the Public Prosecutor and by special judges.
28. 493. The Government also sent a reply from Nestlé containing highly detailed information on each of the victims of acts of violence (murder, disappearance, threats) referred to by SINALTRAINAL and indicating that some of the workers were not employed by the company. The Government also sent the following information on freedom of association in the company:
    • - Bipartite works committees: each factory spends 25 hours a week on meetings with the union in what are known as "conventional committees", where the most pressing labour issues can be discussed.
    • - Trade union safety: Nestlé supports the introduction of safety measures proposed to the union leaders by the Government. Currently, these include:
    • - training and courses on self-protection;
    • - installation of protective barriers at four of the union's premises;
    • - seven mobile phones; and
    • - three collective safety plans, armoured vehicles, defensive weapons and bodyguards.
    • - Threats against union members: whenever collaborators of the company, especially union leaders, claim that they have been threatened or that they or the members of their family are in danger, the company first of all invites them to inform the competent authorities of the facts so that an investigation can be initiated. At the same time, the company takes steps to inform the government bodies responsible for the safety of people at risk and lends its good offices to making arrangements for technical studies into the level of risk and subsequently, if necessary, for the implementation of safety measures according to the risk faced by each person. As far as Nestlé is concerned, the safety and physical integrity of its employees, whether trade unionists or executives, is paramount. The violence in Colombia affects the whole country and Nestlé, committed as it is to the country's development, is cooperating with the authorities and trade unions to reduce the risks facing all the member of the staff.
29. 494. The Government also sent a detailed report from the Ministry of the Interior and of Justice on the protective measures it has adopted for members of SINALTRAINAL.
    • (c) Situation of impunity
30. 495. With regard to the adoption of measures to combat impunity and obtain results, the Government recalls that prior to 2002 there had only been two convictions for this type of crime. Since 2002 there have been 218 convictions, 317 persons have been condemned for acts of violence and 190 have been sent to prison. Of those condemned 50 were the perpetrators, 220 were accomplices and 34 were the instigators of the crime. This illustrates clearly the radical change that has taken place since 2002 and is beginning to have a very definite effect on the situation.
    • Report of the Sub-unit for Crimes against Trade Unionists
31. 496. The Government sent a report by the Sub-unit for Crimes against Trade Unionists, which is attached to the National Unit for Human Rights and International Humanitarian Law, containing the following information:
    • Composition
    • (Table not included)
    • Results of the UNDH and DIH Sub-unit for Crimes against Trade Unionists,
32. 1 October 2007-15 January 2010
    • (Table not included)
    • Comparative results of the UNDH and DIH Sub-unit for Crimes against Trade Unionists
    • (Table not included)
    • Priority cases: Comparative results, up to 15 January 2010
    • (Table not included)
    • Sentences handed down in priority cases up to 15 January 2010
    • (Table not included)
    • Priority cases under Acts Nos 600 of 2000 and 906 of 2004
    • (Table not included)
    • Guilty verdicts resulting from the 1,344 investigations being carried out by the UNDH and DIH Sub-unit, up to 15 January 2010*
    • (Table not included)
    • Annual number of verdicts handed down, 2000-09
    • (Table not included)
    • Number of plea bargains, up to 15 January 2010
    • (Table not included)
    • Number of verdicts handed down by each responsible body
    • (Table not included)
    • Homicides, 2006
    • (Table not included)
    • Homicides, 2007
    • (Table not included)
    • Homicides, 2008
    • (Table not included)
    • Homicides, 2009
    • (Table not included)
    • Trials conducted by UHDH and DIH judges
    • Indictments pending court appearance and trial: 6
    • Projected indictments : 14
33. 497. In general, the Government is convinced that, as the investigations progress and the perpetrators of crimes against trade unionists are punished, the right to truth and justice will become more and more of a reality, and the likelihood of further violations will be diminished. The Government is absolutely determined to meet its commitment to combat impunity.
34. 498. In 2006 the National Council for Economic and Social Policy (CONPES) adopted document No. 3411 setting out the Government's policy of strengthening the State's capacity to investigate, judge and punish human rights violations and infringements of international humanitarian law. Under the anti-impunity policy outlined above, steps are being taken to reinforce the institutions responsible for clarifying the incidents denounced, investigating and judging the perpetrators and compensating the victims of human rights violations.
    • Structural measures adopted in the fight against impunity
35. 499. More than US$11.8 million have so far been allocated to the effective implementation of the policy adopted. Of this, 60.7 per cent comes from the general budget, 19.6 per cent from cooperation resources provided by the Netherlands and 19.7 per cent from the European Union. Progress in the fight against impunity can be summarized as follows:
    • - Strengthening of the institution and budget of the judiciary, especially the Office of the Public Prosecutor which includes the National Institute of Forensic Medicine and Science, and of the country's prison structure. The resources so allocated rose by 86 per cent between 2002 and 2007 (National Planning Department, 2008).
    • - Creation of 2,166 new posts in the Office of the Public Prosecutor since January 2008.
    • - Improvements in the safety and protection of officials of the judiciary working in the regions.
    • - Consolidation of the attributes of the ordinary jurisdiction over the military criminal jurisdiction.
    • - Coordination of the work of the bodies involved in the investigation, trial and punishment of human rights violations and infringement of international humanitarian law.
    • - Drafting and dissemination of an identification guide for cases of human rights violations and infringements of international humanitarian law, which was used to train 240 investigators, and strengthening of the State's capacity to assist and advise victims effectively, thanks to the design of a proposal for a new institutional architecture.
    • - Active follow-up of investigations into human rights violations. This is a fundamental component of the policy that focuses on violations against vulnerable groups such as indigenous communities and trade unionists and on the murder of persons under state protection.
    • - Establishment of a more representative working group comprising the Office of the Inspector General, the Office of the Public Prosecutor, the Anti-Impunity Project, the Ombudsperson's Office, the Higher Council of the Judiciary and the National Prison Institute, to act as a link between the various institutions concerned with following up and coordinating the policy.
    • - Creation in the Office of the Public Prosecutor of juridical committees for the assessment and prosecution of investigations, in which the sectional directors of the Office of the Public Prosecutor and the sectional directors of the Technical Investigations Unit, the unit coordinating investigators and the investigators themselves meet periodically with representatives of the judicial police to assess results and analyse the progress and weaknesses of the investigations, correct shortcomings and thereby advance the cause of justice.
    • - Creation of Investigation Units for Humanitarian Affairs (UFAHs) with their respective support structures, in order to speed up investigations and facilitate the adoption of fundamental legal decisions within reasonable time limits, access to justice and respect for judicial guarantees. The specific goals of the UFAHs are:
    • - To advance the investigations by identifying the material links between each case, with the assistance of the analysts of the judicial police, so as to speed up the process and complete the examination of as many cases as possible within a reasonable time.
    • - To train the UFAH special investigators in human rights, international humanitarian law and investigation techniques and strategies so as to create a climate of respect for people's rights, i.e. so that a thorough grounding in human rights becomes part and parcel of the Unit's culture and contributes to the maintenance of a respectful and dignified attitude towards the victims, as well as the use of appropriate language, throughout the process.
    • - Provide the victims with effective recourse in accordance with the Inter American Human Rights System.
    • - At the same time, the UFAHs are responsible for studying and advancing the cases entrusted to them, by means of a differential approach that takes into account the social, economic and cultural variables as well as the nature of each case, as they relate to the victims of each offence. Their work should be of great assistance to the vulnerable citizens or groups, such as indigenous peoples, journalists, persons of African descent, displaced persons, women, children, adolescents, human rights activists, community leaders and others, who seek the protection of their rights.
    • - In this broad spectrum, and thanks to their particular expertise, the UFAHs have a valuable contribution to make to the investigations into human rights violations, so that, through the coordinated efforts of the judicial police in recording, verifying and compiling the material evidence relating to each case, they can establish beyond doubt the existence of punishable offences that threaten fundamental prerogatives that are essential to human dignity.
    • - The implementation of an oral hearing system on 1 January 2005 has brought substantial progress in terms of the speed with which justice is rendered and impunity has thus diminished. The change in the criminal procedure is intended to guarantee a more efficient and effective justice that protects the rights of the victims and has the capability to fight organized crime. The system includes major conceptual improvement, such as a strict differentiation between those responsible for the investigation (Public Prosecutor), for guaranteeing people's rights (Guarantee Judge) and for trial by court (judge). The state budget for the judiciary between 2003 and 2009 (projected) has been increased by more than 66 per cent.
      • Office of the Public Prosecutor
    • 500. In order to provide for the effective protection of the fundamental rights of trade unionists, in accordance with national and international standards and in the light of the threats and homicides of which trade unionists have been the victims, the Office of the Public Prosecutor initiated an inter-institutional plan of action in February 2008 that is specifically designed to ensure the efficient judicial conduct of investigations in which trade unionists are the victims and to improve the quality of the services rendered by the judiciary. The strategies implemented include:
36. (1) Creation of a dedicated database. The matrix of cases involving trade unionists was designed to optimize the follow-up of the work of the investigators and to permit the continuous assessment of each case. This strategy also serves to monitor the activities of officials of the judiciary and to devise the means whereby the latter's attention to the specific problems encountered by citizens can meet the actual demand for justice and whereby it can respond opportunely to all requests for information on the part of the victims, the members of their family and society as a whole.
37. (2) Creation of expert juridical committees. As was explained in the reply to the 353rd Report, the purpose of the expert juridical committees was to enable the investigators to assess the progress of the investigations, to encourage good practices, to identify obstacles and immediately apply the appropriate solutions so that the process can be more effective. Periodically, the sectional directors of the Office of the Public Prosecutor and of the Technical Investigation Unit, as well as the unit coordinating investigators and the investigators themselves, hold meetings with the judicial police groups.
38. (3) Differential investigation in the case of trade unionists. The National Directorate has been working on the design of differential methodologies for these cases, principally to help the investigators improve the quality of their work, make the best possible use of available resources and learn to treat the victims with dignity, for example by taking all necessary steps to facilitate the dedicated, objective and positive efforts of trade union organizations and to ensure the protection of their legitimate, necessary and productive activities. One of the results has been the issue of Memorandum No. 026 of 3 March 2009 by the National Directorate for Investigation Strategies regarding cases in which trade unionists are the victims.
39. (4) Inter-institutional coordination. The bodies responsible for defending the rights of trade unionists work together harmoniously.
40. (5) Establishment of UFAHs. See above.
    • Higher Council of the Judiciary
41. 501. The Government also sent a report from the Vice-President of the Higher Council of the Judiciary which indicates that, for criminal proceedings concerning the murder and other acts of violence committed against trade union leaders and members, the Council's Administrative Chamber has the legal authority to set up any judicial offices that are needed to meet the demands of justice, provided it has the necessary resources (normally earmarked in its annual budget at the Government's initiative). In doing so, the Administrative Chamber can establish temporary or permanent courts. Since 2007, for example, it has been focusing especially on the aforementioned crimes in judicial offices throughout the country. A special unit of judges has been established with headquarters in Bogotá, as well as a support office, initially on a temporary basis but now permanent; it comprises two special criminal circuit courts (for less serious offences) and one criminal circuit court, each of which consists of a judge and four employees, together with an administrative services centre. The cost so far amounts to US$1,037,108.
42. 502. The administration of the courts for 2008 and 2009 is outlined in the following table:
    • (Table not included)

.

1. 503. Currently the courts are not too busy and can deal with their workload with due speed. Should the volume of work increase greatly, which will depend on the activity of the Office of the Public Prosecutor, the Administrative Chamber could find itself obliged to establish more courts, which it is empowered to do provided the necessary resources are available.
2. 504. With regard to the proceedings concerning trade union immunity and the protection of trade unionists from discrimination in their stability of employment, it is important that the Government continue its financial support for oral hearings in cases concerned with labour affairs and social security issues, as the pilot project in Bogotá shows how swift and efficient oral hearings in labour courts can be.
3. 505. In a succession of communications, the Government provides details (general administrative reports) of the work carried out by the special criminal courts in current research into solutions to the issue of trade unionists' rights.
   • Legislative measures adopted in the fight against impunity
4. 506. Finally, with regard to the anti-impunity measures adopted, the Government adds that, in order to continue to combat impunity and to protect the democratic institutions, the Congress adopted Act No. 1309 of 2009 concerning punishable offences against the legally protected assets of members of a trade union organization. The new law:
   • - establishes that the statute of limitations for the murder of a member of a trade union organization shall be the same as for the crimes of genocide, forced disappearance, torture and forced removal of persons, namely 30 years;
   • - extends the definition of "aggravated offence" to cover any member of a trade union organization, where previously it related only to union leaders;
   • - increases the penalty for the forced disappearance of any member of a trade union organization, where previously it related only to union leaders;
   • - increases to between 100 and 300 SLMLVs [the SLMLV, or salario mínimo legal mensual vigente, is the equivalent of the legal minimum monthly wage in force.], or the perpetrator's arrest, the penalty incurred by any person who prevents or disrupts a lawful meeting or the exercise of the rights conferred by labour laws, or takes reprisals against a lawful strike, meeting or association; and
   • - extends and increases the penalty incurred by any person who threatens any member of a trade union organization - where previously it concerned only public officials employed by the judiciary or the Office of the Public Prosecutor - and the members of their family.
     • (d) Department of Administrative Security (DAS) investigations
   • 507. With regard to the ITUC's allegations concerning the existence of close links between paramilitary groups and the DAS responsible for the protection of trade union leaders and members, the Government states that it has treated the accusations of alleged irregularities within the DAS with the utmost seriousness and with the firm undertaking to facilitate the most rigorous, independent and autonomous investigations into whether or not any such crimes have been committed and, if so, by whom, so as to administer prompt and immediate justice. Both the Office of the Public Prosecutor and the Office of the Inspector General are currently investigating these accusations.
5. 508. Alongside these judicial proceedings, the Government has taken administrative steps that are more robust and less open to corruption. In 2005 a special committee was set up to assess the situation in the DAS and to make recommendations for the introduction of structural improvements. At the same time, internal procedures were revised, reliability studies were carried out and hundreds of officials were removed. These were all coherent decisions that were designed to facilitate the work of the criminal and disciplinary investigation bodies and to achieve swift results.
6. 509. In recent years the DAS has carried out 417 internal investigations involving 675 officials, 166 of whom have been relieved of their functions in the exercise of the DAS' discretionary powers and 25 have been taken to court. The Government has been at pains to adopt measures and decisions that are designed to improve transparency within the DAS. It is currently conducting further studies into the adoption of new administrative reforms.
7. 510. Other, complementary steps have been taken to ensure greater guarantees for the exercise of individual rights, such as the recent adoption of Act No. 1288 of 5 March 2009 (Intelligence Act) which strengthens the prevention and control function of intelligence work as a legitimate attribution of the State. The adoption of the new Act stemmed from the need to improve the legal framework within which state bodies conduct intelligence and counter-intelligence activities, so that they can carry out their mission properly by means of monitoring and supervisory machinery. In the absence of any juridical framework authorizing the carrying out of intelligence work to forestall major threats to the security of the State, while at the same time protecting the fundamental rights of the people and ensuring that they are not defended at the expense of state security, the new law was introduced to establish an appropriate legal framework in which, on the one hand, the goals, limits and principles of intelligence work are clearly defined, and, on the other, the information obtained and the public officials who engage in this activity at considerable risk to themselves are duly protected.
8. 511. In the course of the investigations into former DAS officials, the Office of the Public Prosecutor indicted the former Director, Mr Jorge Noguera, and other former employees. An appeal against the indictment is currently awaiting a ruling by the Public Prosecutor.
   • Status of investigations into acts of violence against trade unionists
   • (Table not included)
     • (e) "Operation Dragon"
   • 512. With regard to "Operation Dragon", whose objective was allegedly to eliminate trade union leaders, the Government states that the Office of the Inspector General, through the National Director of Special Investigations, has ordered an inquiry into a complaint lodged by Senator Alexander López Maya (file No. 009-152804-06), which is currently at the assessment stage.
9. 513. According to information supplied by the Office of the Public Prosecutor, a formal investigation was recently ordered into six former officials of the municipal enterprises of Cali (EMCALI). The Office of the Public Prosecutor carried out a series of searches, inquiries and interviews and ordered that the case be linked to an investigation into Lieutenant Colonel Julián Villate Leal, a contract worker employed by a multinational enterprise as chief of port security, and Mr Carlos Potes, former manager of EMCALI. The inquiries also implicated Mr Germán Huertas, EMCALI's chief of security, and contract workers Mr Hugo Abondano Mikán, Mr Marco Fidel Rivera and Mr Húber Botello, who are being investigated for aggravated conspiracy to commit a felony and violation of the right to hold meetings and of the right of association.
   • (f) Justice and Peace Act
10. 514. With regard to Justice and Peace Act No. 975, the Government states that the Act has provided not only a juridical framework for the demobilization, disarmament and social reintegration of members of unlawful armed groups that have ceased their acts of violence and opted for civil obedience but also a guarantee of effective access to truth, justice and compensation for their victims.
11. 515. The process of demobilization, disarmament and social reintegration under the Justice and Peace Act has contributed effectively to the fight against impunity. Not only is this apparent from the verifiable reduction in the number of acts of violence, but the confessions elicited from the demobilized individuals have also been a major source of information on hundreds of crimes, including crimes against trade unionists. Moreover, confessions can be expected to continue to be forthcoming, given the requirement under the Act that those concerned collaborate in the pursuit of justice.
12. 516. In addition to the confessions elicited from demobilized persons covered by the Justice and Peace Act, and because of the improved climate of trust in state institutions and in their greater ability to process the information and use it to shed light on the truth and protect the victims, more and more of the latter have lodged complaints. By February 2009 some 22,461 victims had taken part in the process at their own free will and 194,553 had been registered with the Justice and Peace Unit of the Office of the Public Prosecutor.
13. 517. In order to ensure that the rights of victims participating in the justice and peace process are better protected, a Victims and Witnesses Protection Programme has been introduced, with a budget of US$21 million for 2007 and 2008. On instructions from the Constitutional Court, the Programme is currently being revised to incorporate a gender focus and to make it more streamlined.
14. 518. These voluntary confessions have made it possible to establish the background of many of the victims of the crimes. The confessions have produced the following statistics on the people who have been the victims of such incidents: 216 trade unionists, 28 journalists, 15 members of civil society organizations and 13 human rights activists. Of the 216 trade unionists, the Office of the Public Prosecutor has been able to identify 167 with certainty and is still engaged in identifying the remaining 49. The Government also provides information on Decree No. 1290 under which an Administrative Compensation Programme was set up for victims of unlawful armed groups.
    • (g) Allegations concerning FENSUAGRO
15. 519. With regard to the alleged mass dismissal of trade unionists cited by FENSUAGRO in its communication of June 2007, the Government reiterates its irrevocable commitment to provide all necessary guarantees for the exercise of every freedom without exception. The steps that the State has taken to guarantee conditions of security for all, without exception, and to facilitate the rendering of justice are designed solely to ensure the full application and enjoyment of their rights by all citizens.
16. 520. The Government states that there have been instances in recent years when union leaders, some of them belonging to FENSUAGRO, have been arrested in the course of lawful investigations by the judiciary headed by the Office of the Public Prosecutor. Denial of freedom in Colombia is possible only by order of the competent judicial authority. In the cases referred to here, the alleged crime being investigated is defined as rebellion in the Penal Code, article 467 of which stipulates that anyone who seeks by the use of arms to overthrow the Government or to suppress or modify the constitutional or existing legal order shall be liable to 96-162 months in prison and to a fine of between 133.3 and 300 SLMLVs.
17. 521. In the specific case of Mr Miguel Ángel Bobadilla, the Government states that Mr Bobadilla has been charged with kidnapping for the purpose of extortion (Anti Kidnapping Unit, Ninth Prosecutor's Office, file No. 70356) and is currently facing trial. The investigation of Mr Bobadilla stemmed from the kidnapping of Mr Rubén Darío Ramírez on 19 December 2002.
18. 522. The Government also informed the Committee that on 5 March 2009 the Secretary General of FENSUAGRO, Mr Juan Efraín Mendoza Gamba, was arrested in the Sumapaz region, in the department of Cundinamarca, in the course of a search conducted by the police on a camp of the illegal armed group Revolutionary Armed Forces of Colombia (FARC), under the command of a criminal known under the alias of "Negro Antonio". With Mr Mendoza Gamba were seven alleged FARC guerrillas. The Office of the Public Prosecutor accuses Mr Mendoza Gamba of the crimes of rebellion and aggravated homicide. Mr Mendoza, like any individual brought before the courts, has throughout the process enjoyed all the guarantees and opportunities to exercise his right to defend himself according to the due process of law.
19. 523. Furthermore, Ms Liliany Patricia Obando, a member of FENSUAGRO, has also been charged in connection with her alleged participation in the activities of the FARC. Ms Obando, according to the charges brought by the Office of the Public Prosecutor, appears under various aliases in messages found on a computer seized at the camp of alias Raúl Reyes. All in all, 2,900 files have been found that are said to compromise Ms Obando with the FARC.
    • (h) Protection of trade unionists
20. 524. The Government states that the resources allocated to the Protection and Security Programme for Colombian workers have risen from US$7 million in 2002 to US$11 million in 2008 and that the Programme then covered 1,980 union leaders. By September 2009 the budget was over US$13 million, making possible the protection of 1,450 union leaders. Since the teaching profession is one of the most vulnerable sectors, the Government has implemented strategies specifically directed at teachers. It has set up special Committees of Teachers under Threat in each department and decentralized entity, to study and assess threats against teachers and to find solutions. Between 2002 and 2009 more than 72 per cent of the 2,040 teachers classified as being under threat have been permanently transferred and another 15 per cent on a temporary basis. The Government is making steady progress in the design and implementation of protection plans and new laws, in an effort to end the violence confronting the Colombian population as a whole, including trade unionists.
21. 525. The steady improvement of the systems of protection for especially vulnerable groups, of which trade unionists are one, has been the Government's constant concern during the past seven years. It has strived persistently to make additional resources available and to find new means of offering the best possible protection for all those who consider themselves to be under threat, if they so wish.
22. 526. Each year the Protection Programme for trade unionists has become stronger and its coverage both broader and more effective. Whereas in 1999 the Programme covered 84 trade unionists, or 47.75 per cent of all those benefiting from protective measures that year, in 2008 protection was extended to 1,980 trade unionists, constituting 22.66 per cent of the total population covered, i.e. 10,716 people.
23. 527. With regard to the specific allegations presented by SINALTRAINAL, the Government states that the union enjoys several forms of protection, both collective and individual. The members of the union thus have access to six collective schemes and two individual schemes. Moreover, protective barriers have been installed at 12 of the union's buildings, 23 requests for relocation and one for removal transport have been endorsed, and 72 national air tickets, eight bullet-proof vests, 30 long-distance telephones and 51 mobile phones have been issued.
    • Protection of trade unionists from 1999 to 2008
      • - In 1999 protection was available to 84 trade unionists, 47.45 per cent of the total number of people (177) benefiting from protective measures.
      • - In 2000 the Programme covered 375 trade unionists, 74.25 per cent of the total (880).
      • - In 2001 the Programme covered 1,043 trade unionists, 79.55 per cent of the total (2,354).
      • - Between January and July 2002 the Programme covered 940 trade unionists, 32.25 per cent of the total (2,914).
      • - During the same period, the resources made available for the protection of trade unionists amounted to COP51,518 million, 66.3 per cent of the total resources allocated for such purposes (COP32,453 million).
      • - Between August and December 2002 the Programme covered 626 trade unionists, 32.21 per cent of the total (1,943).
      • - In 2003 the Programme covered 1,424 trade unionists, 27.27 per cent of the total (5,221).
      • - In 2004 the Programme covered 1,615 trade unionists, 29.65 per cent of the total (5,446).
      • - In 2005 the Programme covered 1,493 trade unionists, 27.11 per cent of the total (5,507).
      • - In 2006 the Programme covered 1,504 trade unionists, 24.67 per cent of the total (6,097).
      • - In 2007 the Programme covered 1,959 trade unionists, 20.74 per cent of the total (9,444).
      • - In 2008 the Programme covered 1,980 trade unionists, 22.66 per cent of the total (10,716).
      • - During the same period, the resources made available for the protection of trade unionists amounted to COP121,355 million, 38.56 per cent of the total resources allocated for such purposes (COP314,633 million).
    • Source: Ministry of the Interior and of Justice.
24. 528. The budget for the protection of trade unionists in 2008 was approximately US$10 million.
    • Percentage of budget allocated to the protection of trade unionists under the Protection Programme, 2002-08
    • (Table not included)
    • Principal protection measures, 2002-09
    • (Table not included)
25. 529. In addition, with the assistance of the United States Agency for International Development (USAID), the Ministry of the Interior and of Justice has been implementing the Preventive Security Project, under which a methodology has been designed and introduced to enable the target population, which includes trade union leaders and members, to adopt measures of self-protection that render them less vulnerable.
    • Preventive security capability, by city and number of trade union leaders
    • (Table not included)
26. 530. Regarding the teachers under threat, the Government states that, under Decree No. 3222 of 2003 and whether or not they are members of trade unions, teachers are transferred whenever a threat arises or when, in the interests of public order, they are obliged to relocate because of the threat to their lives or physical integrity. So far, all the relocations ordered under Decree No. 3222 have been for reasons of public order rather than trade union activities.
27. 531. Requests for relocation are dealt with by Committees of Teachers under Threat, which have been set up in each of the country's 32 departments, in Bogotá and in the decentralized territorial entities, to study and assess threats against teachers and to find solutions when the life or physical integrity of teachers and administrative staff of state or nationalized educational establishments is threatened.
28. 532. The Committees are made up as follows:
    • (a) the chief of the Senior Sectional Office, who acts as coordinator;
    • (b) the departmental or Bogotá education secretary;
    • (c) the permanent delegate of the Ministry of Education to the Regional Education Fund;
    • (d) the regional prosecutor or delegate; and
    • (e) a representative of the trade union comprising the largest number of teachers in the territorial entity concerned.
29. 533. The right to personal security has been defined in constitutional jurisprudence as "the entitlement to receive adequate protection from the authorities whenever a person is exposed to exceptional risks that are juridically unacceptable, until such time as the danger has descended to an acceptable level such as is implicit in life in society".
30. 534. The Government recognizes that challenges remain in respect of vulnerable segments of the population that continue to be threatened by unlawful armed groups and organized crime. Nevertheless, as part of its policy of providing vulnerable segments of the population, including trade unionists, with protection and guarantees of security, the Government has been successful in obtaining adequate resources and adopting adequate measures to ensure a steadily increasing level of protection. The Government adds that the Committee is aware that, thanks to the support and participation of the trade union federations in the Protection Programme of the Ministry of the Interior and of Justice, not one member of a trade union organization who is under the collective protection of the State has been the victim of anti-union violence.
    • Further information
31. 535. The Government adds that a meeting of the Inter-institutional Committee on Human Rights was held on 23 November 2009 to analyse and follow up the investigations into anti-union violence. The agenda of the meeting, which was attended by representatives of the investigating bodies (Office of the Public Prosecutor and Special Judges), the Government and the trade unions, was as follows:
32. (1) progress report of the Office of the Public Prosecutor;
33. (2) report of the Higher Council of the Judiciary;
34. (3) Protection Programme;
35. (4) other matters.
36. 536. The Government also states that on 6 October 2009 the President of the Republic held a meeting with the trade union federations, employers' organizations and members of his Cabinet, at which the following matters were dealt with:
37. (1) security arrangements (President, Confederation of Workers of Colombia (CTC));
38. (2) FECODE item;
39. (3) situation of workers in the public sector in light of ruling No. C588 of 2009;
40. (4) human rights report of members of trade union organizations;
41. (5) consultation and negotiation on wage increases (public sector workers).
42. 537. The Government also sent information on the situation with regard to freedom of association in general, the creation of trade unions, strikes and penalties imposed on companies for violating trade union rights.
43. 538. In its communication dated 7 December 2009, the Government notes that, following its invitation, the Director of the ILO's International Labour Standards Department (NORMES) visited Colombia from 19 to 23 October to monitor the progress made in implementing the conclusions of the Conference Committee on the Application of Standards concerning the application of Convention No. 87 and in developing the Tripartite Agreement on Freedom of Association and Democracy.
44. 539. The Director of NORMES was able to meet representatives of the Government, employers, trade union organizations and the National Trade Union School, as well as of the Office of the Inspector General, the Office of the Public Prosecutor, the High Courts, the Higher Council of the Judiciary and the Mayor of Medellín. She was given detailed information on the steps taken by the State to combat impunity, the Protection Programme for trade unionists, the progress made in terms of legislation, the development of social dialogue and the functioning of the Special Committee for the Handling of Conflicts Referred to the ILO (CETCOIT).
45. 540. At the end of her visit the Director presented her preliminary conclusions to the social partners at a meeting on 22 October. In a communication, the Government undertook major commitments in areas of interest to the Committee on Freedom of Association, notably with respect to clarification of the present case (No. 1787) and the strengthening of CETCOIT.
46. 541. Regarding the clarification of Case No. 1787, it is of vital importance to Colombia that light be shed on the violent incidents suffered by the trade union movement. In order to speed up the investigation of all alleged acts of violence, the Government has undertaken to make available, on a temporary basis, the necessary financial resources for the Office of the Public Prosecutor and the Higher Council of the Judiciary to make headway in this area. It has also undertaken to present a progress report to the ILO's supervisory bodies in due course concerning these two institutions.
47. 542. Since October 2009, meetings have been held with the Office of the Public Prosecutor, the Higher Council of the Judiciary and the National Police Directorate, all of which are working on their schedule and budget proposals specifically relating to this subject.
48. 543. In its communication of 22 January 2010, the Government refers to the progress made in implementing the conclusions of the meeting held in October 2009.
49. 544. The Government states that Colombia has undertaken to make a budget of more than US$2 million available to the Office of the Public Prosecutor, which the latter requested in note No. 04965 of 2 December 2009 drawing attention to the Government's commitment vis-à-vis the ILO. The Brigadier General of the Criminal Investigation Department of the National Police has also requested more than US$250,000 for the active pursuit of its investigations and has promised to increase its staff by 25 investigators, to be dedicated exclusively to investigations into crimes against trade unionists conducted by the Office of the Public Prosecutor through its National Unit for Human Rights and International Humanitarian Law.
50. 545. The Government reiterates its absolute readiness to continue the process of social dialogue through the National Committee on Consultation and Wage Policies and to transmit to the latter all the information provided by the Office of the Public Prosecutor and the Higher Council of the Judiciary on the progress made in respect of Case No. 1787. The Government adds that a meeting of the Inter-institutional Committee on Human Rights was held in November 2009 at which a progress report was presented and that similar meetings will be held in 2010. The Government reiterates its intention, with ILO assistance, to establish criteria on a tripartite basis for collating the information on acts of violence against the trade union movement. Regarding measures to prevent further acts of violence against trade union leaders and workers, the Government again gives its undertaking to maintain the Protection Programme and to provide it with the necessary financial resources. It likewise reiterates that, irrespective of the body responsible for implementing the protection measures, the State will always assume responsibility for the conduct of the Programme.
51. 546. As to the strengthening of the CETCOIT, the Government states that it has reached an agreement with NORMES to strengthen the conflict resolution procedure in the Special Committee and that it has undertaken to appropriate the necessary funds for CETCOIT to be assisted by a national university so as to facilitate the resolution of the cases that are still pending. To this end, it is currently contacting the country's educational institutions.
52. 547. In its communication of 5 March 2010, the Government transmits additional information concerning convictions handed down until 15 January 2010.

T. The Committee's conclusions

• C. The Committee’s conclusions
  548. 548 The Committee takes note of the mission conducted by the Director of NORMES in October 2009 to follow up progress: (1) in the implementation of the conclusions of the June 2009 Conference Committee on the Application of Standards regarding the application of Convention No. 87; and (2) in the further implementation of the 2006 Tripartite Agreement on Freedom of Association and Democracy.
  549. 549 The Committee notes that the mission examined, among other issues, the measures taken to combat violence affecting trade union movement and impunity. In this framework, it met with various authorities, including the Minister of Social Protection, who referred to the progress of investigations undertaken to date and the measure taken to protect trade unionists that had been subject to threats. The mission also met with the Minister of the Interior and of Justice who referred to Justice and Peace Act No. 975 and to the victims’ compensation fund. The mission also met with the National Association of Entrepreneurs of Colombia (ANDI) and trade union organizations (Single Confederation of Workers of Colombia (CUT), General Confederation of Labour (CGT), and Confederation of Workers of Colombia (CTC)). The mission also met with representatives of the Fiscalia General de la Nacion which provided detailed information on the work of the National Unit for Human Rights and, in particular, of its sub-unit created in 2006 to investigate the acts of violence alleged under Case No. 1787. The Superior Council of the Judiciary informed the mission of the adoption of special measures to prosecute the authors of offences against trade unionists, including through nomination of specialized judges. The Prosecutor General provided detailed information on the function and competence of the institution. With regard to Case No. 1787, it was indicated that criminal prosecutors intercede with the judges who examine the acts of violence perpetrated against trade unionists with the participation of the agents of the State.
  550. 550 The Committee notes that, in the course of the mission, the Government confirmed its undertaking to combat impunity and corroborated the information supplied on progress in the fight against impunity. The Committee notes with interest the information submitted orally by the Office and the report of the mission, which refers to the measures that the Government has adopted, namely:
• – the Government’s undertaking to make available the necessary financial resources to strengthen the Sub-unit for Crimes against Trade Unionists of the National Human Rights Unit of the Office of the Public Prosecutor (US$2 million) and the Special Judges of the Higher Council of the Judiciary, so that all the acts of violence alleged under Case No. 1787 can be clarified;
• – the Government’s undertaking, with the assistance of the ILO, to reach an agreement with the trade union federations on criteria for compiling information on acts of violence against the trade union movement, in order to transmit it to the investigating bodies, as a means of supporting the work of investigation;
• – the Government’s undertaking to pursue the Protection Programme by making available the necessary financial resources, thereby engaging the full responsibility of the Government in the Programme’s implementation;
• – the adoption of Act No. 1309 (concerning punishable acts against the juridically protected assets of members of a legally recognized trade union organization) and of Decree No. 1290 establishing an Administrative Compensation Programme for the victims of unlawful armed groups.
  551. 551 With specific regard to each of the matters that are still pending in Case No. 1787, the Committee takes careful note of the new allegations presented by the WFTU, the ITUC, the CUT and SINALTRAINAL. The Committee also notes the detailed replies of the Government concerning the progress made in the case.
  552. 552 With respect to the alleged acts of violence in particular, the Committee notes that the complainant organizations denounce the murder of 29 trade unionists in 2008 (not included in previous examinations of this case) and 21 trade union leaders and members in 2009, as well as an attempted murder in 2009. The Committee notes further that in its allegations SINALTRAINAL refers to the situation of the trade union organization at Nestlé and denounces the murder of seven of its members between 1986 and 2007.
  553. 553 The Committee notes that the Government points out that the climate of violence has affected thousands of Colombians throughout the country and that trade unionists are among the victims (the Government attached a statistical table showing the total number of murders in the country and the number of murdered trade unionists). The Committee notes that the Government points out that, while it has not yet been possible to eliminate anti-union violence, there has been a significant improvement in the situation, thanks to the measures adopted by the Government and by the judiciary. The Committee notes in this respect that, according to the Government, the total number of homicides between 2002 and 2008 dropped by 44.1 per cent. It notes further that, with respect to the trade union organizations’ latest allegations of acts of violence, the Government has sent information on the investigations that have been initiated into almost all the incidents that occurred in 2008 and in 2009. The Government has informed the Committee of the status of each of these investigations and points out that 15 of the 23 incidents where trade unionists were murdered in 2009 were not directed against trade unions and, of the remaining eight murders, only one was on trade union grounds. The Committee notes that, as regards the investigations into murders committed in 2008, there have already been four convictions. As to SINALTRAINAL’s allegation that seven of its members were murdered between 1986 and 2007, the Government emphasizes that, as with the other acts of violence, the relevant investigations are being conducted by the Office of the Public Prosecutor (the Government also attaches information supplied by the company strongly denying the existence of anti-union violence and outlining the steps taken to protect union leaders).
  554. 554 The Committee deeply regrets the murders and other forms of violence directed against trade union leaders and members in 2008 and considers the allegations to be very serious. The Committee has repeated on numerous occasions in the course of its examination of this case that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 44]. That said, the Committee does note the Government’s efforts to remedy the climate of violence in the country and to investigate all the cases of violence against trade unionists that have been denounced, and that these efforts appear to be giving genuine results and to be bringing about a reduction in the number of such cases. The Committee urges the Government to continue to take the necessary steps to ensure that workers and their organizations can fully exercise their right in freedom and safety. The Committee requests the Government to keep it informed in this respect.
  555. 555 With regard to the climate of impunity, the Committee notes that, in its detailed report, the CUT maintains that impunity in Colombia has reached 98.3 per cent.
  556. 556 The Committee notes that, for its part, the Government states that 218 sentences have been handed down since 2002 and that 317 persons have been convicted, among them the perpetrators, the accomplices and the instigators of the crimes. The Committee notes the Government’s statement that the fact that those responsible for crimes against trade unionists come under investigation and are punished not only guarantees the right to truth and justice but also contributes to the prevention of further acts of violence. The Committee notes that the CONPES document No. 3411 adopted in 2006 by the National Council for Economic and Social Policy, which sets out the Government’s policy for strengthening the State’s ability to investigate, judge and punish human rights violations, clearly identified the action to be taken to strengthen the institutions responsible for clarifying and investigating acts of violence, judging their perpetrators and compensating their victims. So far, US$11.8 million have been allocated to this end and have been used among other things to strengthen the judicial sector, improve the security of officials of the judiciary, coordinate the work of the bodies involved in the process of investigation, judgement and punishment, and develop an identification guide for investigations into human rights violations.
  557. 557 The Committee notes further that in its observations the Government communicates the information transmitted by the various government and judicial bodies with specific responsibilities in the fight against impunity. It notes the detailed report sent by the Sub-unit for Crimes against Trade Unionists of the National Unit for Human Rights and International Humanitarian Law, which contains information on the work carried out by investigators specialized in crimes against trade unionists, the handling of the cases assigned, the status of the investigations and the sentences handed down in each case.
  558. 558 The Committee notes that the National Directorate of Special Investigations is working on the design of differential methodologies for investigating the violation of rights of trade unionists, primarily so as to focus the efforts of officials of the judiciary on improving the quality of the investigations, make the best use of available resources and ensure decent treatment of the victims.
  559. 559 The Committee also notes the information provided by the Vice-President of the Higher Council of the Judiciary and the report of the special courts for incidents involving trade unionists in 2008 and 2009. The Committee observes that, in his report, the Vice-President states that the Council is empowered to establish new courts where necessary and provided adequate financial resources are available, and that at present the number of judges is sufficient but that it might be increased as the work of the National Directorate of Special Investigations progresses.
  560. 560 The Committee notes with satisfaction the adoption of Act No. 1309 of 2009 cited above, which: (1) provides that the statute of limitations on punishable actions involving the homicide of a member of a legally recognized trade union organization shall be 30 years; (2) considers crimes against members of a trade union organization or defenders of human rights to be an aggravating circumstance; (3) establishes that any person who prevents or disrupts a lawful meeting or the exercise of rights recognized under labour legislation, or engages in reprisals against a lawful strike, meeting or association, shall be liable to a fine of 100–300 SLMLVs; and (4) stipulates that in the case of threats or intimidation against a member of a trade union organization the penalty shall be increased by one third.
  561. 561 The Committee notes with interest the Government’s undertaking, in its communication of 22 January 2010, to make available the sum of US$2 million to the Office of the Public Prosecutor and its indications that the national police have requested an additional US$250,000 for the active pursuit of its investigations and have promised to increase staff by 25 investigators dedicated exclusively to assisting the Office of the Public Prosecutor with the investigations being conducted through its National Sub-unit for Human Rights. The Government reiterates its absolute readiness to continue the process of social dialogue through the National Committee on Consultation and Wage Policies, to which it will transmit all the information provided by the Public Prosecutor.
  562. 562 In this regard, the Committee draws attention to the importance that the investigations and the administration of justice be conducted swiftly and recalls that justice delayed is justice denied, 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, op. cit., paras 52 and 105]. The Committee expects that the combination of measures adopted by the three state powers and by the various government bodies will make it possible to continue and improve on the work carried out so far in the fight against impunity and to look forward to more sentences being handed down in the near future in the investigations that are still pending. The Committee: (1) requests the trade union organizations to provide the competent bodies with all the information in their possession that might facilitate such investigations; (2) invites the Government and the social partners to establish criteria on a tripartite basis for compiling the information to be transmitted to the investigating bodies; and (3) requests the Government to keep it informed in detail of any developments in the climate of impunity, and of any concrete progress in the investigations initiated and any other measures adopted in this matter.
  563. 563 With regard to the alleged existence of links between paramilitary groups and the DAS, which is responsible for providing protection to trade union officials and members, the Committee notes that, according to the CUT’s allegations of 8 May 2009, the Office of the Public Prosecutor has indicted the former Director of the DAS for the murder of three trade unionists (Mr Zully Esther Codina, Mr Adán Pacheco and Mr Alfredo de Andreis) as well as of a political leader (Mr Fernando Pisciotti). The Committee notes that the Government corroborates this information and adds that in the last few years there have been 417 internal investigations of 617 officials, 166 of whom have been relieved of their functions and 25 of which have been brought to trial. The Committee also notes the adoption of Act No. 1288 of 2009, which is designed to strengthen the prevention and control mechanisms of intelligence work of the State and to protect the fundamental rights of citizens. The Committee notes that the Office of the Inspector General is taking steps in this direction. The Committee observes that the allegations of presumed connivance between a state body responsible for protecting trade unionists and groups operating outside the law, are extremely serious, as such a situation can seriously undermine the credibility of the Government’s determination to combat violence and impunity. That being so, the Committee expresses the hope that the investigations that have been initiated and the court cases that are under way will shortly establish the facts of the case so that responsibilities can be determined and guilty parties punished appropriately.
  564. 564 Concerning the alleged plan known as “Operation Dragon” whose purpose is said to be the elimination of a number of union leaders, the Committee notes the Government’s statement that the Office of the Inspector General is conducting an investigation into the matter through the National Directorate of Special Investigations, and that the Office of the Public Prosecutor recently ordered a formal investigation of six former officials of EMCALI whose premises were searched, as a result of which several former officials and contract workers have been charged with aggravated conspiracy to commit a crime and to violate the right of assembly and the right of association.
  565. 565 With regard to the application of Justice and Peace Act No. 975, the Committee notes the Government’s statement that the confessions of those responsible for violent incidents have made it possible to determine the background of the victims of many crimes. Thus, in the cases concerning trade unionists, it has been established that 216 were the victims of crimes confessed to by persons invoking the Justice and Peace Act, 167 of the victims having been identified by the Office of the Public Prosecutor. The Committee also takes note of Decree No. 1209 establishing the Compensation Programme for Victims of unlawful armed groups, under which 177 trade unionists have already received compensation.
  566. 566 In relation to the alleged mass arrest of trade unionists presented by FENSUAGRO, the Committee notes the Government’s statement that some of the Federation’s leaders were arrested and charged with the crime of rebellion in the framework of legitimate interrogation procedures conducted by the Office of the Public Prosecutor. The Government stresses that no arrest is made without a warrant. The Committee notes that the Government refers by name to three members of FENSUAGRO who are facing trial: one for kidnapping for purposes of extortion, one for rebellion and aggravated homicide (he was arrested in a raid on an illegal camp of the FARC along with seven alleged guerrillas) and one for presumed participation in FARC activities.
  567. 567 With regard to the measures to protect trade unionists, the Committee notes the Government’s confirmation, in its communication of 22 January 2010, of its undertaking to pursue the Protection Programme and to continue to make available the necessary financial resources (a matter the CUT was concerned about), and its statement that, irrespective of the body responsible for implementing the protection measures, the State will always assume responsibility for the conduct of the Programme. The Committee likewise notes that the Programme’s resources have been increased in recent years and that in 2009 its budget exceeded US$13 million and the Programme covered 1,450 union leaders. The Government refers to the measures adopted to improve the Programme, and describes those aimed at certain trade union sectors that are particularly under threat, such as teachers, commenting in detail on the protection given to SINALTRAINAL. The Committee notes, too, that the issue of protection is also dealt with at regular meetings of the Inter-institutional Committee on Human Rights, and that at a meeting with the federations in October 2009, the President of the Republic raised the question of the safety of members of teachers’ union federations.
  568. 568 The Committee strongly urges the Government, at the same time as it takes all necessary steps to put an end to the violence against union leaders and members, to continue to guarantee the full protection of those whose lives have been threatened.
  569. 569 The Committee takes note of the information supplied by the Government in its communication of 5 March 2010 concerning convictions handed down until 15 January 2010. This information will be examined at the next examination of Case No. 1787.
  570. 570 Taking into account the extent of the threat which hovers over trade union leaders and members, and thus over the trade union movement as a whole, the Committee will pay particular attention to the evolution of this case and in this regard urgently invites the parties concerned to transmit all information on the developments with respect to each of these allegations.

The Committee's recommendations

1. 571. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) While noting with interest the measures adopted by the Government to combat violence, the Committee deeply regrets the murder of trade union leaders and members denounced by the complainants. The Committee urges the Government to continue taking all necessary steps to guarantee that workers and their organizations can fully exercise their rights in freedom and safety. The Committee requests the Government to keep it informed in this regard.
   • (b) While noting with interest the measures adopted by the Government and the commitment it has made to investigate all the allegations presented under this case, the Committee: (1) requests the trade union organizations to provide the competent bodies with all the information in their possession that might facilitate such investigations; (2) invites the Government and the social partners to establish criteria on a tripartite basis for compiling the information to be transmitted to the investigating bodies; and (3) requests the Government to keep it informed in detail of any developments in the climate of impunity, and of any concrete progress in the investigations that have been initiated and any other measures adopted in this matter, especially regarding the alleged existence of links between paramilitary groups and the DAS responsible for providing protection for trade union leaders and members, and regarding the allegations concerning the plan known as “Operation Dragon” whose purpose is said to be the elimination of a number of union leaders.
   • (c) The Committee strongly urges the Government to continue to guarantee the full protection of the union leaders and members whose lives have been threatened.
   • (d) Taking into account the extent of the threat which hovers over trade union leaders and members, and thus over the trade union movement as a whole, the Committee will pay particular attention to the evolution of this case and in this regard urgently invites the parties concerned to transmit all information on the developments with respect to each of these allegations.
   • (e) The Committee draws the Governing Body’s attention to the extreme seriousness and urgent nature of this case.