Interim Report - Report No 327, March 2002

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

Allegations: Murder and other acts of violence against trade union officials and members and anti-union dismissals

1. 327. The Committee last examined this case at its March 2001 meeting [see 324th Report, paras. 257-289]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 25 January, 17 February, 20, 26 and 27 March, 4, 11 and 18 April, 15, 22 and 23 May, 28 June, 15 and 24 October, 15 November, 6 and 18 December 2001 and 21 January and 6 February 2002. The Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC), the General Confederation of Democratic Workers (CGTD) and the Confederation of Pensioners of Colombia (CPC) sent new allegations in a communication dated 13 June 2001. The World Federation of Trade Unions (WFTU) sent new allegations in communications dated 28 and 29 March, 6, 14 and 31 July, 16 August, 29 and 31 October, 2, 20 and 28 November and 5 December 2001 and 9 and 17 January 2002. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) sent new allegations in communications dated 23 February and 1 August 2001. The World Confederation of Labour (WCL) presented a complaint in a communication dated 9 February 2001. The Latin-American Central of Workers (CLAT) sent new allegations in a communication dated January 2002. The Government sent its observations in a communication dated 23 November 2001.
2. 328. 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. 329. At its March 2001 meeting, the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and various acts directed against trade unions, including acts of anti-union discrimination [see 324th Report, para. 289]:
   • (a) the Committee deeply deplores the resurgence of violence against trade union officials and members stated by the complainants (more than 100 murders in the year 2000 and two murders, four attempted murders and one disappearance so far for 2001), and urges the Government in the strongest terms to take immediate steps to initiate inquiries in order to clarify these instances of violence and promptly and fully punish those responsible;
   • (b) the Committee once again deeply regrets that the great majority of cases of murders, attempted murders or disappearances of trade union officials or members has not been brought before the court and that those responsible have not been sanctioned, and that according to the most recent information provided by the Government, this tendency, as in previous years, continues unchanged. The Committee urges the Government to make vigorous efforts against the serious and intolerable situation of impunity and to keep it informed of developments;
   • (c) regarding the initiation of global inquiries at the institutional level into the participation of public officials (especially officials of the armed forces) in the creation of self-defence or paramilitary groups and the passivity, connivance or collaboration of such officials by deed or omission vis-à-vis these groups and the violation of human rights in general that this entails, the Committee requests the Government to keep it informed of any new inquiries and particularly of the sanctions that are imposed on public officials that have taken part in some way in these acts of violence against trade union officials or members, and emphasizes the need to carry out global inquiries into the conduct of public officials. The Committee also requests the Government to provide information concerning the table which it sent setting out the number of civil servants who have violated human rights given that the parts "those who have been charged" and "those who have been sentenced" do not contain any numbers for 1998 and 1999 (contrary to the information communicated for 1997). The Committee also requests the Government to communicate the statistics concerning the civil servants charged with human rights violations for 2000;
   • (d) regarding the adoption of radical and systematic steps to disband the self-defence groups wherever they operate and to neutralize and punish all their leaders, members and financial backers, the Committee urges the Government to continue its efforts to fight against these groups and requests to be kept informed of the results. The Committee insists that, in the near future, results be achieved in disbanding the paramilitary groups and that those responsible be punished;
   • (e) regarding the convening of a working group of independent representatives accepted by both parties to clarify the enormous divergences in the figures given for trade union officials and members murdered over the past ten years, the Committee requests the Government to keep it informed of the continuation of the work of the subcommission and to forward a list of the 842 people murdered;
   • (f) regarding the allegations of acts of violence against trade union officials and members (murders, physical aggression and disappearances) that the Government has announced that it is investigating, the Committee requests the Government to keep it informed of the progress and of the outcome of the inquiries currently under way (see annex below).
     • Annex
     • Murders, attempted murders, physical aggression, disappearances and detentions
     • Murders
   • (1) Antonio Moreno Asprilla (12 August 1995); (2) Manuel Ballesta Alvarez (13 August 1995); (3) Francisco Mosquera Córdoba (5 February 1996); (4) Carlos Antonio Arroyo (5 February 1996); (5) Francisco Antonio Usuga (23 February 1996); (6) Pedro Luis Bermúdez Jaramillo (6 June 1995); (7) Armando Humanes Petro (23 May 1996); (8) William Gustavo Jaimes Torres (28 August 1995); (9) Jaime Eliécer Ojeda (23 May 1994); (10) Alfonso Noguera Cano (4 November 1994); (11) Alvaro Hoyos Pabón (12 December 1995); (12) Néstor Eduardo Galíndo Rodríguez (3 July 1997); (13) Erieleth Barón Daza (3 May 1997); (14) Jhon Freddy Arboleda Aguirre (3 July 1997); (15) William Alonso Suárez Gil (3 July 1997); (16) Eladio de Jesús Chaverra Rodríguez (3 July 1997); (17) Luis Carlos Muñoz Z. (3 July 1997); (18) Nazareno de Jesús Rivera García (3 December 1997); (19) Héctor de Jesús Gómez C. (22 March 1997); (20) Gilberto Casas Arboleda (11 February 1997); (21) Norberto Casas Arboleda (11 February 1997); (22) Alcides de Jesús Palacios Casas (11 February 1997); (23) Argiro de Jesús Betancur Espinosa (11 February 1997); (24) José Isidoro Leyton M. (22 March 1997); (25) Eduardo Enrique Ramos Montiel (14 July 1997); (26) Libardo Cuéllar Navia (23 July 1997); (27) Wenceslao Varela Torrecilla (19 July 1997); (28) Abraham Figueroa Bolaños (25 July 1997); (29) Edgar Camacho Bolaños (25 July 1997); (30) Félix Antonio Avilés A. (1 December 1997); (31) Juan Camacho Herrera (25 April 1997); (32) Luis Orlando Camacho Galvis (20 July 1997); (33) Hernando Cuadros Mendoza (1994); (34) Freddy Francisco Fuentes Paternina (18 July 1997); (35) Víctor Julio Garzón H. (7 March 1997); (36) Isidro Segundo Gil Gil (3 December 1996); (37) José Silvio Gómez (1 April 1996); (38) Enoc Mendoza Riasco (4 July 1997); (39) Luis Orlando Quiceno López (16 July 1997); (40) Arnold Enrique Sánchez Maza (13 July 1997); (41) Camilo Eliécer Suárez Ariza (21 July 1997); (42) Mauricio Tapias Llerena (21 July 1997); (43) Atilio José Vásquez Suárez (28 July 1997); (44) Odulfo Zambrano López (27 October 1997); (45) Alvaro José Taborda Alvarez (8 January 1997); (46) Elkin Clavijo (30 November 1997); (47) Alfonso Niño (30 November 1997); (48) Luis Emilio Puerta Orrego (22 November 1997); (49) Fabio Humberto Burbano Córdoba (12 January 1998); (50) Osfanol Torres Cárdenas (31 January 1996); (51) Fernando Triana (31 January 1998); (52) Francisco Hurtado Cabezas (12 February 1998); (53) Misael Díaz Urzola (26 May 1998); (54) Sabas Domingo Socadegui Paredes (6 March 1997); (55) Jesús Arley Escobar Posada (18 July 1997); (56) José Raúl Giraldo Hernández (25 November 1997); (57) Bernardo Orrego Orrego (6 March 1997); (58) José Eduardo Umaña Mendoza (18 April 1998); (59) José Vicente Rincón (7 January 1998); (60) Jorge Boada Palencia (18 April 1998); (61) Jorge Duarte Chávez (9 May 1998); (62) Carlos Rodríguez Márquez (10 May 1998); (63) Arcángel Rubio Ramírez Giraldo (8 January 1998); (64) Orfa Lígia Mejia (7 October 1998); (65) Macario Herrera Villota (25 October 1998); (66) Víctor Eloy Mieles Ospino; (67) Rosa Ramírez (22 July 1999); (68) Oscar Artunduaga Nuñez (1998); (69) Jesús Orlando Arévalo (14 January 1999); (70) Moisés Canedo Estrada (20 January 1999); (71) Gladys Pulido Monroy (18 December 1998); (72) Oscar David Blandón; (73) Oswaldo Rojas Sánchez (11 February 1999); (74) Julio Alfonso Poveda (17 February 1999); (75) Pedro Alejandrino Melchor Tapasco (6 April 1999); (76) Gildardo Tapasco (6 April 1999); (77) Manuel Salvador Avila (22 April 1999); (78) Esaú Moreno Martínez (5 April 1999); (79) Ernesto Emilio Fernández F. (20 November 1995); (80) Libardo Antonio Acevedo (7 July 1996); (81) Magaly Peñaranda Arévalo (27 July 1997); (82) David Quintero Uribe (7 August 1997); (83) Aurelio de J. Arbeláez (4 March 1997); (84) José Guillermo Asprilla T. (23 July 1997); (85) Carlos Arturo Moreno Lopez (7 July 1995); (86) Luis Abel León Villa (21 July 1997); (87) Manuel Francisco Giraldo (22 March 1995); (88) Luis David Alvarado (22 March 1996); (89) Eduardo Enrique Ramos M. (14 July 1997); (90) Marcos Pérez González (10 October 1998); (91) Jorge Luis Ortega G. (20 October 1998); (92) Hortensia Alfaro Banderas (24 October 1998); (93) Jairo Cruz (26 October 1998); (94) Luis Peroza (12 February 1999); (95) Numael Vergel Ortiz (12 February 1999); (96) Gilberto Tovar Escudero (15 February 1999); (97) Albeiro de Jesús Arce V. (19 March 1999); (98) Ricaurte Pérez Rengifo (25 February 1999); (99) Antonio Cerón Olarte; (100) César Herrera, legal adviser for SINTRAINAGRO; (101) Jesús Orlando Crespo García; (102) Guillermo Molina Trujillo; (103) José Joaquin Ballestas García; (104) José Atanacio Fernández Quiñonez; (105) Hernando Stevenis Vanegas; (106) Julio César Jiménez; (107) Aldemar Roa Córdoba; (108) Jhon Jairo Duarte; (109) Próspero Lagares; (110) Edison Bueno (111) Diómedes Playonero Ortiz; (112) Julio César Bethancurt; (113) Islem de Jesús Quintero; (114) César Wilson Cortes; (115) Rómulo Gamboa; (116) Oscar Darió Zapata; (117) James Pérez Chima; (118) Milton Cañas; (119) Humberto Guerrero Porras; (120) Jimmy Acevedo; (121) Aníbal Bemberte; (122) Carmen Demilia-Rivas; (123) Guillermo Adolfo Parra López; (124) Mauricio Vargas Pabón; (125) Danilo Mestre Montero; (126) Leominel Campo Nuñez; (127) Franklin Moreno Torres; (128) Darío de Jesús Agudelo Bolosquez; (129) Melva Muñoz López; (130) Justiniano García; (131) Iván Franco Hoyos; (132) Esneda Monsalve; (133) Juan Castulo Jiménez Gutiérrez; (134) Jesús Ramiro Zapata Hoyos; (135) Nelson Arturo Romero Romero.
     • Attempted murders
   • (1) Virgilio Ochoa (16 October 1998); (2) Eugeniano Sánchez (16 October 1998); (3) Benito Rueda Villamizar (16 October 1998); (4) Gilberto Carreño; (5) César Blanco Moreno (28 August 1995); (6) Fernando Morales (1999), (7) Alberto Pardo (1999) and (8) Esaú Moreno (1999).
     • Physical aggression
   • (1) Public enterprises -- Cartagena (29 June 1999); (2) César Castaño (6 January 1997); (3) Luis Cruz (6 January 1997); (4) Janeth Leguizamón -- ANDAT (6 January 1997); (5) Mario Vergara; (6) Heberto López, N.P.; (7) TELECOM workers (13 October 1998); (8) Protest march -- Plaza de Bolívar (20 October 1998).
     • Disappearances
   • (1) Jairo Navarro, (6 June 1995); (2) Rami Vaca (27 October 1997); (3) Misael Pinzón Granados (7 December 1997); (4) Justiniano Herrera Escobar, (30 January 1999); (5) Rodrigo Rodríguez Sierra (16 February 1995); (6) Ramón Alberto Osorio Beltrán (13 May 1997).
     • Detentions
   • (1) José Ignacio Reyes (8 October 1998); (2) Orlando Rivero (16 October 1998); (3) Sandra Parra (16 October 1998); (4) 201 people during the national strike (31 August 1999); (5) Horacio Quintero (31 May 1999); (6) Oswaldo Blanco Ayala (31 May 1999). (The last two trade union members mentioned were detained, threatened with death and then released.)
     • -- deploring that the Government has not sent its observations on the considerable number of trade union officials and members who have been murdered, have received death threats or have disappeared, the Committee urges the Government to send its observations without delay (see annex below).
       • Annex
       • Acts of violence against the trade union officials or members for which the Government has not sent its observations
       • Murders
     • (1) Margarita María Pulgarín Trujillo (3 April 2000); (2) Alejandro Alvarez Igaza (7 April 2000); (3) Alberto Alvarez Macea (8 April 2000); (4) Germán Valderrama, member of the Workers’ Union of Caquetá, in Florencia-Caquetá (15 January 2000); (5) Mareluis Esther Solano Romero, César administrative district (12 February 2000); (6) Luis Arcadio Ríos Muñoz, San Carlos Antioquia (2 April 2000); (7) Jesús María Cuella, member of the Teachers’ Association of Caquetá (AICA-FECODE), Florencia, Caquetá (13 April 2000); (8) Gerardo Raigoza, member of SER?FECODE, Pereira, Risaralda (19 April 2000); (9) Omar Darío Rodríguez Zuleta, member of the Food Workers’ Union SINALTRAINAL-Bugalagrande Section (21 May 2000); (10) Abel María Sánchez Salazar, member of the Caquetá Teachers’ Trade Union, Florencia (2 June 2000); (11) Gildardo Uribe, official of SINTRAOFAN-Vegachi, executive subcommittee, municipality of Vegzalú, Antioquia (12 June 2000); (12) Edgar Marino Pereira Galvis, official of the CUT-META executive subcommittee, in the COFREM housing development (25 June 2000); (13) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Antioquia Teachers’ Institute Association, in the municipality of Ciudad Bolívar (2 August 2000); (14) Carmen Emilio Sánchez Coronel, official delegate of the North Santander Teachers’ Trade Union; (15) Luis Rodrigo Restrepo Gómez, president of the executive subcommittee of the Teaching staff of Ciudad Bolívar (2 August 2000); (16) Arelis Castillo Colorado, in the municipality of Caucasia (28 July 2000); (17) Fabio Santos Gaviria, member of APUN (25 February 2000); (18) Anival Zuluaga, member of SINTRALANDERS (28 February 2000); (19) Juan José Neira, member of the Manizalez Teachers’ Association (9 March 2000); (20) Iván Franco, member of SINTRAELECOL (19 March 2000); (21) Alexander Mauricio Marín Salazar, member of ADEM (12 April 2000); (22) José Antonio Yandu, member of the Ventero Ambulan Association (10 April 2000); (23) Gonzalo Serna, member of the Ventero Ambulan Association (10 April 2000); (24) Bayron de Jesús Velásquez Durango, member of the Ventero Ambulan Association (10 April 2000); (25) Gloria Nubia Uran Lezcano, member of ADIDA (2 May 2000); (26) Carmen Emilia Rivas, member of ANTHOC (17 May 2000); (27) Javier Carbono Maldonado, member of SINTRAELECOL (July 2000); (28) Javier Suárez, member of NACC (5 January 2000); (29) Jesús Antonio Posada Marín, member of ADIDA (11 May 2000); (30) Gustavo Enrique Gómez Gómez, member of ADIDA (9 May 2000); (31) Pedro Amado Manjarres, member of ASODEGUUA; (29 May 2000); (32) José Arístides Velásquez Hernández, member of SINTRAMUNICIPIO (12 June 2000); (33) Jaime Enrique Barrera, member of ADIDA (11 June 2000); (34) Jorge Andrés Ríos Zapata, member of ADIDA (5 January 2000); (35) Francisco Espadín Medina, member of SINTRANAGRO (7 September 2000); (36) Miguel Algene Barreto Racine, member of ADES (2 August 2000); (37) Cruz Orlando Benítez Hernández, member of ADIDA (7 August 2000); (38) Francy Uran Molina, member of ADIDA (27 August 2000); (39) Aristarco Arzalluz Zúñiga, member of SINTRAINAGRO (30 August 2000); (40) Alejandro Vélez Jaramillo, member of ASONAL JUDICIAL (30 August 2000); (41) Bernardo Olachica Rojas Gil, member of SES (2 September 2000); (42) Vicente Romana, member of ADIDA (5 August 2000); (43) Lázaro Gil Alvarez, member of ADIDA (29 September 2000); (44) Argemiro Albor Torregroza, member of the Galapa Farmers’ Trade Union (5 September 2000); (45) Efraín Becerra, member of SINTRAUNICOL (11 September 2000); (46) Hugo Guarin Cortes, member of SINTRAUNICOL (11 September 2000); (47) Luis Alfonso Páez Molina, member of SINTRAINAGRO (12 August 2000); (48) Sergio Uribe Zuluaga, member of ADIDA (25 August 2000); (49) Bernardo Vergara Vergara, member of ADIDA (9 October 2000); (50) Candelario Zambrano, member of SINTRAINAGRO P.W. (15 September 2000); (51) Jairo Herrera, member of SINTRAINAGRO P.W. (15 September 2000); (52) Héctor Acuña, member of UNIMOTOR (16 June 2000); (53) Julián de J. Durán, member of SINTRAISS (January 2000); (54) Eliecer Corredor, member of SINTRAISS (January 2000); (55) Miguel Angel Mercado, member of SINTRAISS (January 2000); (56) Diego Fernando Gómez, member of SINTRAISS (13 July 2000); (57) Elizabeth Cañas, member of SINTRAISS (January 2000); (58) Alejandro Tarazona, member of SINTRAAD (26 September 2000); (59) Víctor Alfonso Vélez Sánchez, member of EDUMAG (28 March 2000); (60) Alfredo Castro Haydar, member of the University Teachers’ Association, Atlan (10 May 2000); (61) Edgar Cifuentes, member of ADE (4 November 2000); (62) Juan Bautista Banquet, member of SINTRAINAGRO (17 October 2000); (63) Edison Ariel, member of SINTRAINAGRO (17 October 2000); (64) Omar de Jesús Noguera, member of SINTRAEMCALI (26 September 2000); (65) Jesús Orlando García, member of the Mun Bugala trade union (2 March 2000); (66) Víctor Alfonso Vélez Sánchez, member of the Córdoba Teachers’ Trade Union Association (January 2000); (67) Darío de Jesús Borja, member of ADIDA (1 April 2000); (68) Esneda de las Mercedes Holguín, member of ADIDA (27 April 2000); (69) Bacillides Quiroga, member of SINTRAMUNICIPIO BUGA (2 August 2000); (70) Rubén Darío Guerrero Cuentas, member of SINTRADIAN (20 August 2000); (71) Henry Ordóñez, member of the Meta Teachers’ Trade Union Association (20 August 2000); (72) Leonardo Betancourt Méndez, member of the Risaral Teachers’ Trade Union Association (22 August 2000); (73) Luis Mesa, member of ASPU (26 August 2000); (74) Hernando Cuartos Agudelo, member of SINALTRAINAL (1 September 2000); (75) Rosalba Calderón Chávez, member of ANTHOC (3 October 2000); (76) Reinaldo Acosta Celemín, member of the Civil Servants’ Association (3 October 2000); (77) Aldona Tello Barragán, vice-president of the Magdalena Lottery Sellers’ Trade Union, in the city of Santa Marta (17 January 2001); (78) Miguel Antonio Medina Bohórquez, member of SINTRENAL, in Altagracia, in the administrative district of Riseralde (17 January 2001); (79) José Luis Guette, president of the Ciénaga section of SINTRAINAGRO, in the province of Magdalena (13 December 1999); (80) Juan Carlos Alvis Pinzón, relative of the Deputy Secretary General of the General Confederation of Democratic Workers (CGTD), in Aipe (25 July 2000); (81) Clovis Flórez, president of Agrocosta-Córdoba Section, in Montería, Córdoba (15 September 2000).
       • Attempted murders
     • (1) Wilson Borja Díaz, president of the State Service Workers’ Federation (FENALSTRASE), was intercepted by hired killers on 14 December 2000 and was shot and seriously wounded. He is currently in a weak state and under medical supervision; (2) Gustavo Alejandro Castro Londoño, official of the executive committee of CUT-Meta region 1, victim of attempted murder on 15 January 2001 in Villavicencio, and currently in hospital; (3) Ricardo Navarro Bruges, president of the Workers’ Trade Union of the University of Santa Marta (SINTRAUNICOL), victim of attempted murder on 12 January 2001; (4) Ezequiel Antonio Palma, former official of the Workers’ Trade Union of the Municipality of Yumbo, victim of attempted murder on 11 January 2001; (5) César Andrés Ortiz, trade unionist of the CGTD, victim of attempted murder on 26 December 2000.
       • Disappearances
     • (1) Alexander Cardona, executive committee member of USO; (2) Ismael Ortega, treasurer of Sintraproaceites-San Alberto (César); (3) Walter Arturo Velásquez Posada, Nueva Floresta School, municipality of El Castillo in the education district of El Ariari, Meta administrative district; (4) Gilberto Agudelo, president of the National Trade Union of University Workers of Colombia (SINTRAUNICOL); (5) Nefatalí Romero Lombana, from Aguazúl (Casanare) and Luis Hernán Ramírez, from Chámeza (Casanare), members of SIMAC-FECODE; (6) Roberto Cañarte M., member of SINTRAMUNICIPIO BUGALAGRANDE, from the Paila Arriba district (Valle); (7) Germán Medina Gaviria, member of SINTRAEMCALI, disappeared on 14 January 2001 in the area of El Porvenir, Cali:
     • -- regarding the outstanding allegations on the raid by anti-riot police on the premises of the Operations Centre of the Empresa de Acueducto de Bogatá to prevent workers belonging to the Workers’ Trade Union of the Empresa de Acueducto from demonstrating, during which police manhandled the president of the trade union and arrested workers, the Committee requests the Government to keep it informed of the outcome of the inquiries;
     • -- regarding the allegations of the assault and detention of 67 people participating in a commemoration march for International Labour Day by the Metropolitan Police of the Valley of Aburrá on 1 May 2000 in Medellín and the subsequent release of 24 of the detainees after their having signed a document acknowledging their responsibility for violent acts, the Committee requests the Government to take immediate steps to initiate an inquiry into these allegations and, if the police have exceeded their authority, to take steps to sanction those responsible. The Committee requests the Government to keep it informed of the outcome of the inquiry;
     • -- the Committee requests the Government to initiate inquiries into the following allegations and to send it the results without delay: (1) the Confederation of Workers of Colombia (CTC) alleges that union members and officials of the SINTRABRINKS organization have been arrested and tortured and that one of the officials of the organization, Juanito Cabrera, has been murdered. It also alleges acts of intimidation by the BRINKS de Colombia company in order to induce the workers to resign from the CTC, as well as non- compliance with the collective agreement in force; and (2) the Petroleum Industry Workers’ Trade Union (USO) alleges the temporary detention of the national vice- president of the USO, Gabriel Alvis, as well as the initiation of a penal investigation against 11 USO officials;
     • -- regarding the allegations of death threats against trade union officials and members, the Committee requests the Government to take steps to protect all trade union officials and members mentioned in the allegations as having been threatened;
     • -- regarding the judicial proceedings concerning dismissals in the Textilia Ltda. company initiated by Germán Bulla and Darío Ramírez that are awaiting decisions, the Committee requests the Government to keep it informed of the outcome of these proceedings;
     • -- regarding the inquiry under way relating to the raid on the premises of the executive subcommittee of the CUT-Atlántico and the assault on a trade union member during this raid, and the raid on the headquarters of FENSUAGRO and surveillance of its president by the armed forces, the Committee requests the Government to take immediate steps to initiate inquiries or to conclude those inquiries already under way, in order to clarify these instances of violence and to promptly and fully punish those responsible. The Committee also requests the Government to take steps to ensure that such situations do not occur again in the future;
     • -- the Committee requests the Government to communicate its observations concerning the allegations recently transmitted by the complainant ASODEFENSA (communication dated 23 February 2001).

B. New allegations

1. 330. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) (communications dated 23 February and 1 August 2001), the World Confederation of Labour (WCL) (communication dated 9 February 2001), the International Confederation of Free Trade Unions (ICFTU) (communications dated 25 January, 17 February, 20, 26 and 27 March, 4, 11 and 18 April, 15, 22 and 23 May, 28 June, 15 and 24 October, 15 November, 6 and 18 December 2001 and 21 January and 6 February 2002), the World Federation of Trade Unions (WFTU) (communications dated 28 and 29 March, 6, 14 and 31 July, 16 August, 29 and 31 October, 2, 20 and 28 November, and 5 December 2001 and 9 and 17 January 2002), the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC), the General Confederation of Democratic Workers (CGTD) and the Confederation of Pensioners of Colombia (CPC) (communication dated 13 June 2001) allege the following acts of violence.
   • Murders
2. (1) Luis Hernán Campano Guzmán, member of AICA, a subsidiary of FECODE, murdered by paramilitary forces on 8 June 2000 in the municipality of Florencia, Department of Caqueta;
3. (2) Javier Jonás Carbono Maldonado, secretary-general of SINTRAELECOL, murdered on 9 June 2000 in Santa Marta;
4. (3) Candelaria Flórez, wife of Alberto Ruiz Guerra, member of ADEMACOR, a subsidiary of FECODE, murdered by paramilitary forces on 17 June 2000;
5. (4) Robert Cañarte Montealegre, member of the Workers’ Trade Union of the municipality of Bugalagrande, murdered by paramilitary forces on 29 June 2000 in Bugalagrande, Department of Valle del Cauca;
6. (5) Rubén Darío Guerrero Cuentas, trade union official of the Workers’ Trade Union for the Management of Taxes and National Customs, murdered on 19 August 2000 in Ciénaga;
7. (6) Moisés Sanjuán, member of the Workers’ Benefit Society Trade Union, was the workers’ representative to the Executive Committee of the Benefit Society (COMFANORTE), murdered by paramilitary forces on 29 August 2000 in Cúcuta;
8. (7) Omar Rodríguez, member of SINALTRAINAL, murdered on 31 August 2000;
9. (8) Gil Bernardo Rojas Olachica, member of SES, murdered by paramilitary forces on 2 September 2000 in Barrancabermeja;
10. (9) Francisco Espadín Medina, member of SINTRAINAGRO, murdered on 7 September 2000 in the municipality of Turbo;
11. (10) William Iguarán Cottes, member of SINTRAUNICOL, murdered by paramilitary forces on 11 September 2000 in Montería;
12. (11) Miguel Angel Pérez, member of SINTRASINTETICOS, murdered on 11 September 2000 in Medellín;
13. (12) Humberto Peña Riaño, member of AICA, a subsidiary of FECODE, murdered by paramilitary forces on 28 September 2000 in Norccia;
14. (13) Melsy Mora Hincapié, member of ADIDA-FECODE, murdered by paramilitary forces on 23 October 2000 in the municipality of Copacabana;
15. (14) Alfredo Germán Delgado Ordóñez, member of SIMANA, a subsidiary of FECODE, murdered presumably by paramilitary forces on 13 November 2000 in the department de Nariño;
16. (15) Edgar Arturo Burgos Ibarra, member of SIMANA, a subsidiary of FECODE, murdered presumably by paramilitary forces on 13 November 2000 in the department of Nariño;
17. (16) Jairo Vicente Vallejo Champutics, member of SIMANA, a subsidiary of FECODE, murdered on 13 November 2000 in the department of Nariño;
18. (17) Carlos Cordero, member of ANTHOC, murdered by paramilitary forces on 6 December 2000 in Peñas Blancas;
19. (18) Gabriela Galeano, trade union official of ANTHOC, murdered by paramilitary forces on 9 December 2000 in Cúcuta;
20. (19) Hernán Betancourt, member of SINTRAUNICOL, murdered by paramilitary forces on 15 December 2000 in Cali;
21. (20) Ricardo Flórez, member of SINTRAPALMA, murdered on 8 January 2001;
22. (21) Edgar Orlando Marulanda Ríos, trade union official of SINTRAFOAN, murdered by paramilitary forces on 10 January 2001 in the municipality of Segovia;
23. (22) Arturo Alarcón, member of ASOINCA, a subsidiary of FECODE, murdered by paramilitary forces on 18 January 2001 in the municipality of Piendamó;
24. (23) Jair Cubides, member of SINTRADEPARTAMENTO, murdered on 21 January 2001 in Cali; the murder coincided with the change of leaders within the union and the new office was about to be recognized by the Ministry of Labour;
25. (24) Walter Dione Perea Díaz, trade union representative of the Teachers’ Union of Antioquia (ADIDA-FECODE), murdered by paramilitary forces on 26 January 2001 in the department of Antioquia;
26. (25) Carlos Humberto Trujillo, member of ASONAL JUDICIAL, murdered on 26 January 2001 in the municipality of Buga;
27. (26) Elsa Clarena Guerrero, member of ASINORT, murdered on 28 January 2001 in a military barrack in the municipality of Ocaña;
28. (27) Carolina Santiago Navarro, member of ASINORT, murdered on 28 January 2001 in the municipality of Ocaña;
29. (28) César Daniel Rivera Riveros, professor of the University of Atlántico, murdered on 3 February 2001;
30. (29) Alfonso Alejandro Naar Hernández, member of ASEDAR, a subsidiary of FECODE, murdered on 8 February 2001 in the municipality of Arauca;
31. (30) Alfredo Flórez, member of SINTRAPROACEITES, murdered by paramilitary forces on 11 February 2001 in the municipality of Puerto Wilches;
32. (31) Nilson Martínez Peña, member of SINTRAPALMA, murdered by paramilitary forces on 12 February 2001 in the municipality of Puerto Wilches;
33. (32) Raúl Gil, member of SINTRAPALMA, murdered on 11 February 2001 in the municipality of Puerto Wilches;
34. (33) Pablo Padilla, vice-president of SINTRAPROACEITES-San Alberto Section, murdered by paramilitary forces on 16 February 2001 in the municipality of San Alberto;
35. (34) Julio César Díaz Quintero, member of SINTRAISS, murdered by paramilitary forces on 16 February 2001 in Barrancabermeja;
36. (35) Cándido Méndez, member of SINTRAMIENERGETICA-La Loma Section, murdered on 18 February 2001 in the municipality of Chiriguaná;
37. (36) Edgar Manuel Ramírez Gutiérrez, vice-president of SINTRAELECOL-Norte de Santander Section, murdered on 22 February 2001 in Concepción; he had been detained the day before by paramilitary forces and he had already received threats due to the fact that he was a well-known leader at the time of the murder;
38. (37) Lisandro Vargas Zapata, trade union official of the University Teachers’ Association (ASPU), murdered by paramilitary forces on 23 February 2001 in Barranquilla;
39. (38) Víctor Carrillo, executive official of SINTRAELECOL, murdered on 1 March 2001 in a paramilitary barrack in the municipality of Málaga;
40. (39) Darío Hoyos Franco, leader of the trade union movement supporting the struggles of agricultural workers, murdered on 3 March 2001 in the municipality of Fusagasugá;
41. (40) Valmore Locarno, president of SINTRAMINERGETICA, murdered on 12 March 2001 in the Loma de Potrerillo coal mine; he did not enjoy any protection, even if the Government was informed of the risks he was facing, as it appeared in Document 20 of 19 December 2000 of the Committee on the evaluation of risks of the Ministry of the Interior;
42. (41) Jaime Orcasitas, vice-president of SINTRAMINERGETICA, murdered on 12 March 2001 in the Loma de Potrerillo coal mine in similar circumstances and conditions as the previous union leader;
43. (42) Rodion Peláez Cortés, official of ADIDA, murdered on 13 March 2001 in Cocorna;
44. (43) Rafael Atencia Miranda, member of the Petroleum Industry Workers’ Trade Union (USO), murdered by paramilitary forces, and with obvious signs of torture, on 18 March 2001 in the municipality of Barrancabermeja;
45. (44) Jaime Sánchez, member of SINTRAELECOL, murdered by paramilitary forces on 20 March 2001 in the municipality of Sabana;
46. (45) Andrés Granados, member of SINTRAELECOL, murdered by paramilitary forces on 20 March 2001 in the municipality of Sabana;
47. (46) Juan Rodrigo Suárez Mira, member of ADIDA and delegate to the Congress of the Colombian Teachers’ Federation, murdered by paramilitary forces on 21 March 2001 in Medellín;
48. (47) Alberto Pedroza Lozada, murdered on 22 March 2001;
49. (48) Luis Pedraza, member of USO, murdered by paramilitary forces on 24 March 2001 in the municipality of Arauca;
50. (49) Ciro Arias, president of SINTRAINTABACO, murdered by paramilitary forces on 24 March 2001 in the municipality of Capitanejo;
51. (50) Robinson Badillo, official of SINTRAEMSDES, murdered by paramilitary forces on 26 March 2001 in Barrancabermeja;
52. (51) Mario Ospina, member of ADIDA-FECODE, murdered on 27 March 2001 in the municipality of Santa Bárbara;
53. (52) Jesús Antonio Ruano, member of ASEINPEC, murdered on 27 March 2001 in the municipality of Palmira;
54. (53) Ricardo Luis Orozco Serrano, vice-president of ANTHOC, murdered on 2 April 2001 in Barranquilla; his highly risky profile was pointed out by the CUT to the Government, but in 2000 the Committee on the evaluation of risks of the Ministry of the Interior evaluated that his situation only presented a low risk;
55. (54) Aldo Mejía Martínez, president of SINTRACUEMPONAL-Codazzi Section, murdered by paramilitary forces on 4 April 2001 in the municipality of Codazzi;
56. (55) Saulo Guzmán Cruz, president of the Health Workers Trade Union of Aguachica, murdered by paramilitary forces on 11 April 2001 in the municiaplity of Aguachica;
57. (56) Francisco Isaías Cifuentes, member of ASIOINCA, a subsidiary of FECODE, murdered by paramilitary forces on 26 April 2001 in Popayán; he had been displaced from the municipality of Cajibío to the mountainous region of Colombia due to his role as a leader during the protest march of rural workers in 1999;
58. (57) Leyder María Fernández Cuéllar, wife of the above, murdered on 26 April 2001;
59. (58) Frank Elías Pérez Martínez, member of ADIDA-FECODE, murdered on 27 April 2001 between the municipalities of Santa Ana and Granada;
60. (59) Darío de Jesús Silva, member of ADIDA-CUT, murdered on 2 May 2001 in the municipality of Sabaneta;
61. (60) Juan Carlos Castro Zapata, member of ADIDA-CUT, murdered on 9 May 2001 in the municipality of Copacabana;
62. (61) Eugeniano Sánchez Díaz, president of SINTRACUEMPONAL, murdered on 10 May 2001 in the municipality of Codazzi;
63. (62) Julio Alberto Otero, member of ASPU-CUT, murdered by paramilitary forces on 14 May 2001 in Santa Marta;
64. (63) Miguel Antonio Zapata, president of ASPU-Caquetá Section, murdered by paramilitary forces on 16 May 2001 in Valledupar;
65. (64) Carlos Eliecer Prado, member of SINTRAEMCALI, murdered by paramilitary forces on 21 May 2001 in Cali;
66. (65) Henry Jiménez Rodríguez, member of SINTRAEMCALI, murdered on 25 May 2001 in Cali;
67. (66) Nelson Narváez, official of SINTRAUNICOL, murdered on 29 May 2001 in Montería in the department of Córdoba;
68. (67) Humberto Zárate Triana, member of SINTRAOFICIALES, murdered on 5 June 2001 in Villavicencio in the department of Meta;
69. (68) Gonzalo Zárate Triana, official of ASCODES, murdered on 5 June 2001 in Villavicencio in the department of Meta;
70. (69) Manuel Enrique Charris Ariza, member of SINTRAMIENERGETICA, murdered on 11 June 2001 in the municipality of Soledad in the department of Atlántico;
71. (70) Edgar Thomas Angarita Mora, member of ASEDAR and FECODE, murdered on 12 June 2001 in the department of Arauca, after having participated in a demonstration on Vía Fortul Sarabena in protest against Bill 012;
72. (71) Samuel Segundo Peña Sanguino, member of SINTRAMINERGETICA, went missing on 17 June in the department of Magdalena, and was found murdered on 19 June 2001 in the same department;
73. (72) Oscar Darío Soto Polo, president of SINALTRAINBEC and vice-president of COMFACOR, murdered on 21 June 2001 in Montería in the department of Córdoba, during negotiations on a list of demands with the multinational Coca-Cola, in which he participated as a negotiator until the talks were suspended following the request of the union concerning the need for security measures taken by the management in order to grant protection to trade union leaders so that the free exercise of trade union rights could be guaranteed within the enterprise;
74. (73) Germán Carvajal Ruiz, president of the executive subcommittee of SUTEV-Obando Section, FECODE-CUT, murdered on 6 July 2001 in the department of Valle del Cauca; since he had become a target in the department of Caquetá because of his trade union activities, he had to be transferred to the department of Valle del Cauca, where he was finally murdered;
75. (74) Isabel Pérez Guzmán, member of SINTRAREGINAL, murdered on 8 July 2001 in the department of Sucre;
76. (75) Hugo Cabezas, member of SIMANA-FECODE, murdered on 9 July 2001 in the department of Nariño;
77. (76) Jairo Domínguez, member of SUTIMAC-CUT, was abducted on 3 July 2001 and then murdered on 10 July 2001 in the department of Antioquia;
78. (77) Miguel Ignacio Lora Méndez (o Ramirez), he was investigating the local networks which were financing the Colombian self-defence units and he was a member of ASONAL-CUT, murdered on 11 July 2001 in the department of Córdoba (at the same time his wife was seriously injured);
79. (78) James Urbano, official of Valle Workers’ Trade Union, a subsidiary of CGTD, murdered on 12 July 2001 in the department of Valle del Cauca;
80. (79) Saúl Alberto Colpas Castro, president of SINTRAGRICOLAS-FENSUAGRO, murdered on 13 July 2001 in the department of Atlántico;
81. (80) Lucila Rincón, member of ANTHOC-CUT, as well as other members of her family, were murdered by paramilitary forces on 16 July 2001 in the department of Tolima while they were looking for other family members who were also detained;
82. (81) Obdulia Martínez, member of EDUCESAR-FECODE-CUT, murdered on 22 July 2001 in the department of César;
83. (82) Silvia Rosa Alvarez Zapata, member of ADIDA-FECODE, murdered on 25 July 2001 in the department of Antioquia;
84. (83) Rubén Darío Orozco Grajales, member of ADIDA-FECODE, murdered on 24 July 2001 in the department of Buritica;
85. (84) María Helena Ortiz, attorney-general and member of ASONAL-CUT, murdered on 28 July 2001 in the department of Santander (her husband, Néstor Rodríguez, and her son were seriously injured at the same time);
86. (85) María del Rosario Silva Ríos, member of ASONAL-CUT, murdered on 28 July 2001 in the department of Valle del Santander;
87. (86) Segundo Florentino Chávez, secretary-general of the Workers, Officials and Public Employees’ Trade Union of the municipality of Dagua, murdered on 13 August 2001 in the department of Valle del Cauca; she had been threatened on several occasions and had asked for urgent measures to be taken to guarantee the security of trade union leaders, a request which was approved on 10 July 2001 but was still subject to finance clearing;
88. (87) Miryam de Jesús Ríos Martínez, member of ADIDA, murdered on 16 August 2001 in the department of Antioquia;
89. (88) Manuel Pájaro Peinado, treasurer of the Civil Servants’ Trade Union of the District of Barranquilla (SINDIBA), murdered on 16 August 2001 in the department of Atlántico; he had requested to be included in the Protection Programme of the Ministry of the Interior but without success. His murder took place while the union was protesting against Law No. 617 which provided for massive dismissals of workers;
90. (89) Doris Lozano Núñez, member of SINTRAEMECOL, murdered on 16 August 2001;
91. (90) Héctor Eduardo Cortés Arroyabe, member of ADIDA-CUT, disappeared on 16 August 2001 and found murdered on 18 August 2001 in the department of Antioquia;
92. (91) Fernando Euclides Serna Velásquez, member of the collective security plan of the national CUT of Bogotá, disappeared on 18 August 2001 and found murdered the following day in the department of Cundinamarca;
93. (92) Evert Encizo, member of the Teachers’ Trade Union of Meta (ADEM-CUT), murdered on 22 August 2001 in the department of Meta; he was involved with internally displaced people;
94. (93) Yolanda Paternina Negrete, member of ASONAL-CUT, murdered on 29 August 2001 in the department of Sucre; she was a judge specialized in cases of public order and was dealing with several high-risk cases;
95. (94) Miguel Chávez, member of ANTHOC-CUT, murdered on 30 August 2001 in the department of Cauca;
96. (95) Manuel Ruiz, official of CUT, murdered on 26 September 2001 in the department of Córdoba;
97. (96) Ana Ruby Orrego, member of the Valle Trade Union of Education Employees (SUTEV-CUT), murdered on 3 October 2001 in the department of Valle del Cauca;
98. (97) Gustavo Soler, official of the Mining and Energy Workers’ Trade Union, murdered on 6 October 2001 in the department of César;
99. (98) Jorge Iván Rivera Manrique, member of the Risaralda Teachers’ Trade Union (SER?CUT), murdered on 10 October 2001 in the department of Risaralda;
100. (99) Cervando Lerma, well-known and active member of USO-CUT, murdered on 10 October 2001 in the department of Santander;
101. (100) Ramón Antonio Jaramillo, legal adviser for SINTRAEMSDES-CUT, murdered on 10 October 2001 in the department of Valle del Cauca, at the same time as paramilitary forces were perpetrating a massacre in the region;
102. (101) Jairo Balvuena, legal adviser for SINTRAEMSDES-CUT, murdered on 10 October 2001;
103. (102) Luis López and Luis Anaya, president and treasurer of the San Silvestre Drivers and Transport Workers’ Trade Union (SINCOTRAINDER-CUT), respectively, murdered on 16 October 2001 in the department of Santander;
104. (103) Arturo Escalante Moros, member of USO, disappeared on 27 September and was found murdered on 19 October 2001;
105. (104) Luis José Mendoza Manjares, member of the executive board of the University Teachers’ Trade Union (ASPU-CUT), murdered on 22 October 2001 in the department of César;
106. (105) Martín Contreras Quintero, attorney-general and founder of SINTRAELECOL-CUT, murdered on 23 October 2001 in the department of Sucre;
107. (106) Ana Rubiela Villada, member of the Valle Trade Union of Education Employees (SUTEV-CUT), disappeared on 27 September 2001 and found murdered on 26 October 2001 in the department of Valle del Cauca;
108. (107) Sandro Antonio Ríos Rendón, member of SINTRAEMSDES-CUT, murdered on 30 October 2001;
109. (108) Carlos Arturo Pinto, member of ASONAL-CUT, murdered on 1 November 2001 in Cucuta, in the department of Norte de Santander;
110. (108bis) Pedro Cordero, member of the Magistrates’ Union of Nariño, murdered on 9 November 2001 in the department of Nariño;
111. (109) Luis Alberto Delgado, member of the Teachers’ Union of Nariño (SIMANA?CUT), murdered on 10 November 2001; he had been the victim of an attack on the previous day in the municipality of Tuquerres, in the department of Nariño;
112. (110) Edgar Sierra Parra, member of ANTHOC-CUT, was abducted on 3 October 2001 in the municipality of Tame, department of Arauca, and was found murdered on 10 November 2001 in the municipality of Rondón, department of Arauca, with obvious signs of torture;
113. (111) Hoover de Jesús Galeano, member of the Pereira executive subcommittee of the Public Services, Independent and Decentralized Institutions, Workers’ and Employees’ Trade Union (SINTRAEMSDES-CUT), workers’ delegate and well-known activist, murdered on 11 November 2001 in the department of Risaralda;
114. (112) Tirso Reyes, member of the Single Union of Teachers of Bolívar (SUDEBCUT), murdered on 12 November 2001 in the department of Bolivar;
115. (113) Emiro Enrique Pava de la Rosa, trade union official of the Subsection of Magdalena Medio of USO, murdered on 13 November 2001 in the department of Antioquia;
116. (114) Diego de Jesús Botero Salazar, trade unionist from Valle del Cauca and attorney of that municipality, murdered on 14 November 2001 in Valle del Cauca;
117. (115) Gonzalo Salazar, president of the Single Trade Union of Security Guards of Colombia (SINUVICOL-CUT), murdered on 24 November 2001 in Cali;
118. (116) Jorge Eliécer González, president of the Natagaima Section of ANTHOC?CUT, abducted and murdered on 25 November 2001 with obvious signs of torture, in the department of Tolima;
119. (117) Javier Cote, treasurer of the Association of Civil Servants of the Judiciary ASONAL?CUT, murdered on 3 December 2001 in the department of Tolima;
120. (118) Aury Sará Marrugo, president of the Section of Cartagena of USO?CUT, found murdered during the first days of December 2001; he was abducted on 30 November by paramilitary forces from the Colombian self-defence units (AUC) and in the presence of two policemen, in the city of Cartagena. The leader of the AUC had identified him as a member of the guerrilla and demanded the presence of the High Commissioner for Peace in order to release him. Mr. Marrugo was well known for defending workers’ rights;
121. (119) Enrique Arellano, who was escorting Mr. Aury, found murdered during the first days of December 2001;
122. (120) Magnolia Plazas Cárdenas, member of ASONAL?CUT, murdered on 5 December 2001 in the department of Caquera;
123. (121) Francisco Eladio Sierra Vázquez, president of the Andes Section of the Workers’ Union of the municipality of Antioquia (SINTRAOFAN-CUT); the leaders of this union were all convened to attend a meeting with the AUC of Farallones de Bolívar. In that meeting, the names and positions of all union leaders were given, and then the murder of Mr. Vásquez was planned and executed. During the same meeting, a member of the AUC, commander Manuel, questioned Mr. José David Taborda, another union leader. In fact, all the union leaders were threatened during that meeting;
124. (122) Edgar Herran, president of the National Union of Drivers, SINDINALCH Section of Villavicencio, murdered on 26 December 2001;
125. (123) Carlos Alberto Bastidas Corral, member of the Magistrates’ Union of Nariño (SIMANA-CUT), murdered on 8 January 2002;
126. (124) Luis Alfonso Jaramillo Palacios, member of the Medellín section of the Autonomous Public Sector Workers’ Union and Decentralized Institute of Colombia (SINTRAEMSDES-CUT), murdered on 11 January 2002 in Medellín, department of Antioquia, for having defended workers’ rights;
127. (125) Enoc Samboni, leader of the CUT, murdered on 12 January 2002 in the department of Cauca, by paramilitary forces who also robbed trade union documents. The Inter-American Commission on Human Rights of the Organization of American States had requested protection for Enoc Samboni through the Protection Programme of the Ministry of the Interior;
128. (126) Sister María Ropero, former president of the Union of Mothers of the Local Community (SINDIMACO-CUT), murdered by paramilitary groups on 16 January 2002 in Cúcuta. Sister Ropero was well known for her work in favour of children as well as workers and had received several death threats.
     • Attempted murders
129. (1) Albeiro González García, president of ASODEFENSA, "Eje Cafetero" (coffee-growing area) was sent to the war zone as a civilian and refused to go; subsequently he was attacked on 24 September 1998 and is currently living in exile in Europe;
130. (2) Ricardo Herrera, official of SINTRAEMCALI, was attacked in Cali on 19 September 2000;
131. (3) Héctor Fabio Monroy, member of AICA-FECODE, was attacked with a firearm on 23 February 2001;
132. (4) Maria Elisa Valdes Morales, president of SINDESS-Dagua-Valle del Cauca Section, attacked on 26 March 2001;
133. (5) the executive committee of SINTRAEMCALI was attacked during a meeting to draw up proposals for the Plan of Recovery of Cali Enterprises, held in the outskirts of Cali on 10 June 2001;
134. (6) María Emma Gómez de Perdomo, member of ANTHOC, was shot four times and wounded when attacked in the city of Honda on 13 June 2001;
135. (7) Clemencia del Carmen Burgos, member of ASONAL-CUT, who was investigating the financial networks of the Self-Defence Units of Colombia on 11 July 2001;
136. (8) Jhon Jairo Ocampo Franco, trade union official and instructor, attacked on 9 August 2001;
137. (9) Omar García Angulo, member of SINTRAEMECOL, attacked on 16 August 2001;
138. (10) Carlos Arturo Mejía Polanco, member of the regional Section of Yumbo of the Single Workers’ Union for the Industry of Construction Materials (SUTIMAC?CUT), attacked on 16 November 2001;
139. (11) Daniel Orlando Gutierez Ramos, member of the Union of Cali Municipal Enterprise Workers (SINTRAEMCALI), attacked on 3 January 2002;
140. (12) Sigilfredo Orveso, activist in SINTRAEMCALI, attacked on 10 January 2002.
     • Abductions and disappearances
141. (1) Germán Medina Gaviria, member of SINTRAEMCALI, on 14 January 2001;
142. (2) Julio César Jaraba, member of SINTRAISS, disappeared on 23 February 2001;
143. (3) Gerzain Hernández Giraldo, member of SINTRAELECOL, on 24 February 2001;
144. (4) Jaime Duque Castro, president of the Single Trade Union of Industrial Construction Materials’ Workers (SUTIMAC), Santa Barbara Section, abducted on 24 March 2001;
145. (5) Paula Andrea Gómez Mora (daughter of Edinson Gómez, member of SINTRAEMCALI, who has been threatened on various occasions), abducted on 18 April 2001 and freed on 20 April 2001;
146. (6) Eumelia Aristizabal, member of ADIDA, missing since 19 April 2001;
147. (7) Rosa Cecilia Lemus Abril, official of FECODE, target of a foiled abduction attempt on 14 May 2001;
148. (8) William Wallens Villafañe, member of USO, went missing on 29 May 2001, in the department of Santander;
149. (9) Six workers from Medellín Public Enterprises, members of SIMTRAEMDSDES, abducted on 12 June 2001 in the department of Antioquia;
150. (10) William Hernández, went missing on 22 June 2001 in the department of César;
151. (11) Rodrigo Aparicio, went missing on 22 June 2001 in the department of César;
152. (12) Eduardo Franco, went missing on 22 June 2001 in the department of César;
153. (13) Jaime Sampayo, went missing on 22 June 2001 in the department of César;
154. (14) Julio Cabrales, went missing on 22 June 2001 in the department of César;
155. (15) Cristóbal Uribe Beltrán, member of ANTHOC-CUT, abducted on 27 June 2001;
156. (16) Diego Quiguanas González, member of SINTRAEMCALI, went missing on 29 June 2001;
157. (17) Cristina Echeverri Pérez, member of EDUCAL-CUT, on 1 July 2001 in the immediate environs of Manizales;
158. (18) Alfonso Mejía Urión, member of ADUCESAR-FECODE-CUT, went missing on 4 July 2001;
159. (19) Jairo Tovar Díaz, member of ADES-FECODE-CUT, on 29 July 2001 in the outskirts of the municipality of Galeras;
160. (20) Julio Enrique Carrascal Puentes, member of the national executive committee of CUT, abducted on 10 August 2001;
161. (21) Winsgton Jorge Tovar, member of ASONAL-CUT, abducted in the immediate environs of the municipality of Dagua;
162. (22) Alvaro Alberto Agudel Usuga, member of ASONAL-CUT, went missing on 20 August 2001;
163. (23) Jorge Feite Romero, member of the Retired Persons’ Association of the University of Atlántico (ASOJUA), on 28 August 2001;
164. (24) Carmen Pungo and Ricaurte Jaunten Pungo, officials of ANTHOC-CUT, on 2 September 2001;
165. (25) Alvaro Laiton Cortés, president of the Teachers’ Trade Union of Boyacá, abducted on 2 September 2001 and released a short time later;
166. (26) Marco Tulio Agudero Rivera, member of ASONAL-CUT, on 5 October 2001 in the municipality of Cocorna;
167. (27) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001;
168. (28) Julio Ernesto Cevallos Guzmán, member of ADIDA-CUT, on 15 October 2001;
169. (29) Carlina Ballasteros, member to the Single Union of Teachers of Bolívar (SUDEB?CUT), on 5 November 2001;
170. (30) Jorge Enrique Posada, member of ASONAL, on 5 November 2001;
171. (31) Jhon Jaimes Salas Cardona, member of ADIDA-CUT, on 26 November 2001;
172. (32) Leonardo Avendaño, activist in SINTRAEMSDES-CUT, on 5 January 2002;
173. (33) Carlos Arturo Alarcón Vera, member of ADIDA-CUT, on 12 January 2002.
     • Death threats
174. (1) Juan de la Rosa Grimaldos, president of ASEINPEC;
175. (2) María Clara Baquero Sarmiento, president of ASODEFENSA;
176. (3) Giovanni Uyazán Sánchez;
177. (4) Alirio Uribe Muñoz, member of the Lawyers’ Collective "José Alvear Restrepo";
178. (5) Reinaldo Villega Vargas, member of the Lawyers’ Collective "José Alvear Restrepo";
179. (6) the following trade union officials and members of the USO: Carlos Oviedo, César Losa, Ismael Ríos, José Meneses, Julio Saldaña, Ladislao Rodríguez, Luis Linares, Rafael Ortiz, Ramiro Luna;
180. (7) Rosario Vela, member of SINTRADEPARTAMENTO;
181. (8) the following trade union officials and members of FECODE: Gloria Inés Ramírez;
182. (9) Jorge Nisperuza, president of the executive subcommittee of CUT-Córdoba;
183. (10) Mario de Jesús Castañeda, president of the executive subcommittee of CUT-Huila;
184. (11) Gerardo Rodrigo Genoy Guerrero, president of the National Workers’ Trade Union of SINTRABANCOL;
185. (12) Otoniel Ramírez, president of the subcommittee of CUT-Valle;
186. (13) José Rodrigo Orozco, member of the executive committee of CUT-CAUCA;
187. (14) the workers of SINTRAHOINCOL, on 9 July 2001;
188. (15) Leonel Pastas, trade union official of the Colombian National Institute for Agrarian Reform (INCORA), on 14 August 2001;
189. (16) Rusbel, trade union official of INCORA, on 14 August 2001;
190. (17) Edgar Púa and José Meriño, treasurer and legal adviser of ANTHOC, respectively, on 16 August 2001;
191. (18) Gustavo Villanueva, trade union official of ANTHOC, on 16 August 2001;
192. (19) Jesús Tovar and Ildis Jarava, trade union officials of ANTHOC, have been followed by heavily armed men since 16 August 2001;
193. (20) workers belonging to the Antioquia Official Municipal Workers’ Union (SINTRAOFAN) are being intimidated by paramilitary groups in order to force them to renounce membership of the trade union organization;
194. (21) Aquiles Portilla, trade union official of FECODE, kept under surveillance on 29 August 2001;
195. (22) Edgar Mojico and Daniel Rico, president and press secretary, respectively, of the Petroleum Industry Workers’ Trade Union (USO), threatened by the United Self?Defence Units of Colombia;
196. (23) Hernando Montoya, trade union official of SINTRAMUNICIPIO, CARTAGO, received threats on 7 September 2001 from a security cooperative that has been accused of murdering other trade union officials;
197. (24) Over Dorado Cardona, trade union official of ADIDA, on 19 September 2001;
198. (25) Julián Cote, Fredys Rueda and Rafael Jaime of the USO, received death threats on 20 September 2001;
199. (26) Orlando Herrán, Rogelio Pérez Gil, Edgar Alvarez Cañizales, Dalgy Barrera Gamez, Jorge Vázquez Nivia, Javier González, Humberto Castro, Cervulo Bautista Matoma, members of the CGTD, received death threats and have been kept under surveillance;
200. (27) Jaime Goyes, Jairo Roseño, Rosalba Oviedo, Pedro Layton, Ricardo Chávez, Diego Escandón, Luis Ortega, trade union officials from the department of Nariño, received death threats from the United Self-Defence Units of Colombia on 8 October 2001;
201. (28) the entire executive committee of SINTRAVIDRICOL-CUT was the target of death threats on 26 October 2001;
202. (29) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
203. (30) Carlos Alberto Florez Loaiza, member of the Executive Committee of SINTRAEMSDES, on 5 January 2002;
204. (31) José Homer Moreno Valencia, member of SINTRAEMSDES-CUT, on 10 January 2002.
     • Harassment
205. (1) Esperanza Valdés Amórtegui, treasurer of ASODEFENSA, was the target of illegal spying when microphones were installed at her place of work;
206. (2) Henry Armando Cuéllar Valbuena, physically attacked and harassed;
207. (3) Carlos González, president of the University of Valle Workers’ Trade Union, assaulted by the police on 1 May 2001;
208. (4) Freddy Ocoro, president of the Workers’ Trade Union of the municipality of Bugalagrande, assaulted by the police on 1 May 2001;
209. (5) Jesús Antonio González, director of the Department of Human and Labour Rights for CUT, assaulted by the police on 1 May 2001.
     • Civilians sent to combat zones
     • The Ministry of Defence, as a means of anti-union persecution, continues to force civilians to go to combat zones, dressed as soldiers, unarmed and with no military instruction. The following people have been affected in this way:
210. (1) Carlos Julio Rodríguez García, trade union member of ASODEFENSA;
211. (2) José Luis Torres Acosta, trade union member of ASODEFENSA;
212. (3) Edgardo Barraza Pertuz;
213. (4) Carlos Rodríguez Hernández;
214. (5) Juan Posada Barba.
     • Detentions
215. On 19 October 2001, the following trade union officials (active and retired) of the USO were detained: Edgar Mojica, Luis Viana, Ramón Rangel, Jairo Calderón, Alonso Martínez and Fernando Acuña, former president of FEDEPETROL.
216. 331. The Trade Union Association of Civil Servants of the Ministry of Defence, Armed Forces, National Police and Related Bodies (ASODEFENSA) alleges: (a) frequent and unjustified refusals to allow employees to meet with ASODEFENSA in meeting rooms at the workplace for reasons of security; (b) bulletins, news-sheets, pamphlets and other trade union updates are prevented from circulating; (c) trade union information cannot be posted on notice boards in the workplace; (d) work colleagues are prohibited from speaking of trade union matters during the working day; (e) permission to carry out trade union activities is granted on some occasions and unfairly withheld on others; and (f) refusal to protect trade union offices and the at-risk families of those trade union officials who have been threatened.
217. 332. The complainant organization also opposes Decree No. 1792 of 14 September 2000 for the following reasons: (1) it restricts the right to exercise freedom of association as referred to in article 39 of the Political Constitution by revoking Law No. 200 of 1995 relating in particular to freedom of association; (2) article 8; and (3) it generalizes the prohibition of the right to strike to cover all those providing services to the Ministry of Defence.
218. 333. Finally, the complainant organization alleges: (1) the dismissals of Delfirio Peñaloza Ruiz, Fernando Matiz Olaya, Alberto González Garcia, Luis Abel Manrique, José Joaquín Moreno Durán, Jorge Eliécer Núñez Rodríguez, among others, and the transferral and harassment of the workers of Club Militar, the Unified Southern Command and the police for being members of ASODEFENSA; (2) the disregard for the trade union immunity of Graciela Martínez (reserve member of the national executive committee) and Cenelly Arias Ortiz (treasurer of the executive subcommittee -- Medellín Section); and (3) the Ministry of Labour and Social Security’s delay in resolving the complaints relating to obstruction of trade union activities.

C. The Government’s reply

1. 334. In a communication dated 23 November 2001, the Government states that by going directly to the original sources, i.e. primarily the trade union organizations, it was able to obtain written statements directly from the officials of the trade union organizations affected, which provided confirmation and allowed it to draw up a table showing the breakdown of information on those murdered between January and December 2000, the place where the murder was committed, the trade union organization to which the person belonged and the position held, the date of the murder, the person presumed responsible and the person who laid the complaint. In some cases, the table also has information on the court responsible for issuing the relevant sentence. This table is the result of six months’ work by the internal working group for the protection and promotion of workers’ human rights of the Ministry of Labour and Social Security.
2. 335. The subcommission in charge of drawing up the list of victims, established on a temporary basis, under the guidance of the Minister of Labour and Social Security, Dr. Angelino Garzón, and with representatives from some of the main sections of the Inter?Institutional Commission for the Promotion and Protection of Workers’ Human Rights, presented a consolidated list of information from the past ten years (1991-2000), with the list for 2000 marked provisional.
3. 336. The Government indicates that it is aware of the seriousness of the situation and wishes to discharge its duty conscientiously, using the instruments that it has to hand. It adds that this work must continue so that those efforts already made are not wasted and it can make progress in reaching the goal of designing a strategy to fight against impunity. Impunity gives rise to violence. By joining forces and, in the case of the Government, providing an organized presentation of the information and a "manual of complaints of human rights’ violations", along with an "interinstitutional network", the essential elements for drawing up such a strategy are in place. These initiatives can be developed very quickly, and resources and political will are necessary to make them a reality. The Commission should then make suggestions and look into possibilities in these areas.

D. The Committee's conclusions

1. 337. The Committee notes the Government’s single substantive reply dated 23 November 2001 with regard to the internal working group for human rights of the Ministry of Labour and Social Security in drawing up a table showing the breakdown of information on the murders committed between January and December 2000, the date on which and the place where the murders took place, the person presumed responsible and, in a few cases, the court in which the relevant criminal procedures are being heard. The Committee notes that this list does not contain any murders committed during 2001. Moreover, the table does not provide any information on the follow-up of these murders. It does not state whether complaints were lodged or the courts in which these are being heard. There is also no summary of any sentencing by the courts. The Committee regrets that, in the last analysis, the contents of the table provide only incomplete replies to the repeated recommendations of the Committee in its previous examination of the case.
2. 338. The Committee deeply regrets that the Government has not answered the recommendations of the Committee, nor has it sent its observations on the serious allegations presented by the complainants, concerning a serious increase in the violence. The Committee also deeply regrets that it cannot but conclude that, since this case was last examined at its March 2001 meeting, there has been no sign of progress in reducing the violence against the trade union movement, its representatives and members. According to the complainants, there have been more than 120 murders, ten attempted murders, more than 30 abductions and disappearances, a great many death threats, numerous detentions of trade union members and a number of trade union members sent to combat zones since the beginning of 2001 up until the end of December 2001. The Committee repeats once again that "freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and 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 it is for governments to ensure that this principle is respected" [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 46-47]. The Committee adds that "the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events" [see Digest, op. cit., para. 51].
3. 339. The Committee once again in the strongest terms urges the Government: (1) to initiate inquiries into all the violent acts listed, both those corresponding to the previous examination of the case and those that are current (murders, attempted murders, abductions and disappearances, death threats and detentions); (2) to take the necessary steps to end the intolerable situation of impunity and to punish those responsible for the numerous acts of violence and to achieve, once and for all, provable results in disbanding the paramilitary groups and other violent revolutionary groups; and (3) to send the information that has been requested, in particular that relating to the activities and results of the subcommission created to clarify the enormous divergences in the figures given for trade union officials and members murdered. The Committee stresses that impunity, whether it is perpetrated or condoned by governments or others in relation to extreme or widespread violations of fundamental rights of freedom of association, is a clear threat to essential trade union rights and the very basis of democracy itself. The Committee urges the Government to keep it informed of developments.
4. 340. The Committee requests the Government to relate all the facts available to it which could contribute to clarify the motives for the acts of violence, the circumstances within which they have been committed and the persons involved on a case-by-case basis. For this purpose, it would be advisable to deal specifically with situations in which violence against trade union members is very intensive – for example, in the sectors including education, the petrol industry, the health services, as well as municipal and departmental administrations. Information should also be brought to light for regions where an extreme frequency of violence occurs, such as the departments of Valle del Cauca and Antioquia, and the municipality of Barrancabermeja, with due regard to Empresa de Colombia de petroleos and Empresa de gases de Barrancabermeja. The Committee also requests the Government to relate all the facts available to it which could help to explain the impunity of the acts of violence against trade union members. The Committee once again reminds the Government of its responsibility for the protection of workers against acts of violence and for a responsible factual and analytical assessment of each and every crime committed. Thus, it suggests that the complainants and the Government seek technical assistance from the Office for this assessment.
5. 341. The Committee notes the Government has not entirely answered the allegations presented by ASODEFENSA relating to: (a) the refusal to grant permission for trade union activities; (b) the prohibition to circulate bulletins, news-sheets and pamphlets containing trade union information, to post trade union information on notice boards, to allow meetings to take place in the auditoriums in workplaces, or to speak of trade union maters; (c) the anti-union dismissals, transfers and harassment for belonging to ASODEFENSA of Delfirio Peñaloza Ruiz, Fernando Matiz Olaya, Alberto González García, Luis Abul Manrique, José Joaquín Moreno Durán and Jorge Eliécer Núñez Rodríguez, among others; and (d) the disregard for the trade union immunity of Graciela Martínez and Cenelly Arias Ortiz. The Committee recalls that the publication and distribution of news and information of general or special interest to trade unions and their members constitutes a legitimate trade union activity and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with such activity. The Committee also recalls that no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities [see Digest, op. cit., paras. 161 and 696]. The Committee emphasizes that permission to carry out trade union activities should not be refused arbitrarily. The Committee requests the Government to take the necessary steps to ensure respect for these principles and to guarantee workers the right to publish news and information, post notices and to meet, and that the trade union immunity of Graciela Martínez and Cenelly Arias Ortiz be recognized. With regard to the other allegations relating to anti-union discrimination, the Committee requests the Government to initiate immediately the appropriate inquiries and to keep it informed of developments.
6. 342. Regarding the allegations of ASODEFENSA of the refusal to extend protection to trade union offices, trade union officials and their families against threats of violence and death, the Committee recalls that "a climate of violence, coercion and threats of any kind aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos. 87 and 98. All States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life" [see Digest, op. cit., para. 62]. The Committee therefore requests the Government promptly to take the necessary steps to guarantee the material security of trade union offices and the physical safety of trade union officials and their families. The Committee requests the Government to keep it informed of developments.
7. 343. Regarding the objections of ASODEFENSA to Decree Law No. 1792 of 14 September 2000, as follows: (1) it restricts the right to exercise freedom of association by revoking Law No. 200 of 1995 which enshrined this right; and (2) article 8 of this Decree generalizes the prohibition of the right to strike for civilian personnel in the armed forces, the Committee notes that the text of this Decree makes no reference to the right of association, in the sense either of prohibiting it or of permitting it. However, the Committee recalls that civilian personnel from the Ministry of Defence should have the right to establish and join trade union organizations and should be adequately protected against anti-union discrimination in the same way as other trade union officials and activists in the country. Regarding the general prohibition of the right to strike, the Committee recalls that "the right to strike may be restricted or prohibited: (1) in the public service only for public servants exercising authority in the name of the State; or (2) in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population)" [see Digest, op. cit., para. 526]. The Committee, however, considers that the civilian personnel of the Ministry of Defence who are not in positions of authority (manufacturers, armoury workers, catering staff, among others) should have the right to strike at least in areas where armed hostilities are not being carried out. Consequently, the Committee requests the Government to take the necessary legislative measures to bring Decree Law No. 1792 into line with the principles of freedom of association.

The Committee's recommendations

1. 344. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Noting that since the previous examination of this case there has been no progress as concerns the situation of violence against trade union leaders and members, the Committee once again in the strongest terms urges the Government:
2. (1) to initiate inquiries into all the violent acts listed, both those corresponding to the previous examination of the case and those that are current (murders, attempted murders, abductions and disappearances, death threats and detentions);
3. (2) to take the necessary steps to end the intolerable situation of impunity and to punish those responsible for the numerous acts of violence and to achieve, once and for all, provable results in disbanding the paramilitary groups and other violent revolutionary groups.
   • (b) The Committee deeply regrets that the Government has not sent the information requested relating to the activities and results of the subcommission created to clarify the enormous divergences in the figures given for trade union officials and members murdered. The Committee strongly urges the Government to keep it informed of the situation.
   • (c) Regarding the allegations of ASODEFENSA relating to: (i) the refusal to grant permission for trade union activities; (ii) the prohibition to circulate bulletins, news-sheets and pamphlets containing trade union information, to post trade union information on notice boards, to allow meetings to take place or to speak of trade union matters; (iii) the anti-union dismissals, transfers and harassment for belonging to ASODEFENSA of Delfirio Peñaloza Ruiz, Fernando Matiz Olaya, Alberto González García, Luis Abul Manrique, José Joaquín Moreno Durán and Jorge Eliécer Núñez Rodríguez, among others; and (iv) the disregard for the trade union immunity of Graciela Martínez and Cenelly Arias Ortiz, the Committee requests the Government to send its observations.
   • (d) Regarding the further allegations of ASODEFENSA of anti-union discrimination, the Committee requests the Government to take steps to initiate immediately the appropriate inquiries and to keep it informed of developments.
   • (e) Regarding the refusal to extend protection to trade union offices, trade union officials and their families against threats of violence and death, the Committee requests the Government promptly to take the necessary steps to guarantee the material security of trade union offices and the physical safety of trade union officials and their families, and to send its observations in this respect.
   • (f) Regarding the objections of ASODEFENSA to Decree Law No. 1792 of 14 September 2000, the Committee requests the Government to take the necessary legislative measures to bring Decree Law No. 1792 of 14 September 2000 into line with the principles of freedom of association.
   • (g) The Committee requests the Government to relate all the facts available to it which could contribute to clarify the motives for the acts of violence, the circumstances within which they have been committed and the persons involved on a case-by-case basis. For this purpose, it would be advisable to deal specifically with situations in which violence against trade union members is very intensive -- for example, in the sectors including education, the petrol industry, the health services, as well as municipal and departmental administrations. Information should also be brought to light for regions where an extreme frequency of violence occurs, such as the departments of Valle del Cauca and Antioquia, and the municipality of Barrancabermeja, with due regard to Empresa de Colombia de petroleos and Empresa de gases de Barrancabermeja. The Committee also requests the Government to relate all the facts available to it which could help to explain the impunity of the acts of violence against trade union members. The Committee once again reminds the Government of its responsibility for the protection of workers against acts of violence and for a responsible factual and analytical assessment of each and every crime committed. Thus, it suggests that the complainants and the Government seek technical assistance from the Office for this assessment.