Interim Report - Report No 287, June 1993

Case No 1686 (Colombia) - Complaint date: 13-OCT-92 - Closed

490. The complaint in Case No. 1686 was submitted initially by the General Confederation of Democratic Workers of Colombia (CGTD) in communications dated 13 October and 18 November 1992. In a communication of 2 March 1993 the Latin American Central of Workers (CLAT) associated itself with the complaint and submitted additional information as well as new allegations in communications of 18 and 22 March, and 22 April 1993. Subsequently, new allegations were presented in a joint communication of 2 April 1993 by the Single Confederation of Workers of Colombia (CUT), the General Confederation of Democratic Workers of Colombia (CGTD), the Confederation of Workers of Colombia (CTC), the Confederation of Pensioners of Colombia (CPC), the Social Security Institute Workers' Union and the Colombian Medical Association Trade Union (ASMEDAS). The complaint in Case No. 1702 was submitted by the World Confederation of Labour (WCL) in communications dated 19 March and 21 April 1993.

1. 490. The complaint in Case No. 1686 was submitted initially by the General Confederation of Democratic Workers of Colombia (CGTD) in communications dated 13 October and 18 November 1992. In a communication of 2 March 1993 the Latin American Central of Workers (CLAT) associated itself with the complaint and submitted additional information as well as new allegations in communications of 18 and 22 March, and 22 April 1993. Subsequently, new allegations were presented in a joint communication of 2 April 1993 by the Single Confederation of Workers of Colombia (CUT), the General Confederation of Democratic Workers of Colombia (CGTD), the Confederation of Workers of Colombia (CTC), the Confederation of Pensioners of Colombia (CPC), the Social Security Institute Workers' Union and the Colombian Medical Association Trade Union (ASMEDAS). The complaint in Case No. 1702 was submitted by the World Confederation of Labour (WCL) in communications dated 19 March and 21 April 1993.
2. 491. The Government sent its observations in a communication dated 19 March 1993.
3. 492. Colombia has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant organizations' allegations

1. 493. In its communications of 13 October and 18 November 1992, the General Confederation of Democratic Workers of Colombia (CGTD) alleges that on 5 March 1992 a group of workers of the Salsamentaria Madrileña enterprise set up a trade union called SINTRAMADRILEÑA, and that the enterprise responded by threatening its members with dismissal, and subsequently dismissed or punished some of them. It adds that the enterprise offered to pay the members of the trade union's executive committee a bonus for resigning from the enterprise, and on condition that they would request the authorities to annul the trade union's legal status; it further adds that on 10 October 1992 Mrs. Nancy María de Alba, president of the trade union, and Miss José Eugenio Torres, Luz Mary Murillo and Blanca Inés Tutoza Vargas, members of the SINTRAMADRILEÑA executive committee were dismissed. The complainant organization indicates that complaints have been filed with the Ministry of Labour alleging infringements of trade union rights and that a penal complaint has been lodged before the courts for the same motive. Lastly, the complainant organization points out that on 15 September 1992 the trade union had submitted a list of demands to the enterprise, and that negotiations over these demands had not yet begun as of the time of the submission of the complaint.
2. 494. Moreover, the complainant organization alleges that the workers of the ATEMPI enterprise set up a trade union on 11 April 1992, and that its legal status had not yet been recognized as of the time of the submission of the complaint.
3. 495. In communications dated 2 and 22 March and 2 and 22 April 1993, the CLAT, CUT, CGTD, CTC, CPC, the Social Security Institute Workers' Union and the ASMEDAS alleged that, in pursuance of neo-liberal privatization policies, the Congress received for consideration a Bill which proposed to privatize the national telecommunications enterprise, to break up Telecom, which would entail a massive dismissal of its workers and a weakening of the trade union organization. In response, on 22 and 28 April 1992 the SITTELECOM and ATT trade union organizations exercised their right to express opinions, right of assembly and right to protest. The complainant organizations note that although this trade union action was organized in a peaceful manner, the Government responded violently, physically assaulting the workers and carrying out a police operation to take control of Telecom's facilities, in the process destroying windows, doors and furnishings, altering the working environment, and damaging the technical and operational telecommunications infrastructure. Ultimately, the Government, Congress and trade union representatives signed an agreement in which the Government pledged to withdraw the Bill and not to privatize the enterprise, and calling for the establishment of dialogue to avoid reprisals for the trade union action.
4. 496. The complainant organizations report that in spite of this agreement, the following acts of reprisal took place: the murder of Joaquín María Caicedo (trade unionist); hundreds of disciplinary proceedings against trade union leaders and trade unionists; the Government's petition to the Labour Courts to cancel the legal status of SITTLECOM (an effort which proved unsuccessful); the filing of charges by the nation's Attorney General against trade union leaders and trade unionists for "terrorism" in connection with the destruction of equipment (leading to the arrest of the following members of the ATT: Gonzalo Díaz Gaviriá, Jorge Lerma, Carlos Salazar, Luis María Carrillo, Leopoldo Ojeda, Camila Durán Pinilla, Ricardo Díaz Granada, Tayner Rodríguez G., Mario Nelson Duarte, Carlos Lozada; Flavio Gonzalo Rozo Sierra and Hanibal Enriquez Dorado; likewise, warrants were issued for the arrest of the following SITTLECOM trade union leaders: Herberto López, Antonio Yemail y Rafael Boldovino); and the docking of wages for all workers who participated in the trade union protest.
5. 497. In its communication of 18 March 1993, the Latin American Central of Workers (CLAT) states that since the beginning of 1993 the social climate in Colombia is degenerating, and that there have been many victims among the working class. The complainant organization reports the murder of banana plantation trade union leaders Jesús Alirio Guevara Angarita and Oliverio Molina (vice-president and general secretary respectively of SINTRAINAGRO). Likewise, the complainant organization states that on 8 January 1993 Nicomedes Gutiérrez (trade union leader of the USO) and Luis Escobar (president of the Sintéticos enterprise trade union) were murdered in Barrancabermeja.
   • Case No. 1702
6. 498. In its communications dated 19 March and 21 April 1993, the WCL reiterates the allegations submitted in Case No. 1686 regarding Telecom and alleges that seven trade union leaders and 200 members of the National Union of State Employees (UTRADEC) were dismissed for anti-trade union motives.

B. The Government's reply

1. 499. In its communication of 19 March 1993 the Government states that by means of Decision No. 3058 of October 1992, the Chief of the Labour Inspection Service of the Regional Directorate of Cundinamarca found that there had been no infringement of freedom of association by the Salsamentaria Madrileña enterprise; this decision was the object of administrative appeals which were all rejected.
2. 500. In addition, the Government reports that by means of Decision No. 174 of 11 May 1992, the Registration and Regulation Division recognized the legal status of the National Trade Union of Social Security Workers of ATEMPI.

C. The Committee's conclusions

1. 501. The Committee notes that the allegations presented by the complainant organizations refer to the following matters:
   • - the anti-trade union attitude of the Salsamentaria Madrileña enterprise vis-à-vis the workers who set up a trade union within the enterprise, and which took the form of various acts of discrimination and trade union interference and the refusal to engage in collective bargaining;
   • - the failure to recognize the legal status of the workers' trade union set up within the ATTEMPI enterprise;
   • - the institution of criminal and labour proceedings, as well as the murder and detention of workers and trade union leaders of the Telecom enterprise, as reprisals for protest actions undertaken by the enterprise's trade unions against the policy of privatization;
   • - the murder of four trade union leaders; and
   • - the dismissal of seven trade union leaders and 200 members of the National Trade Union of State Employees (UTRADEC) for anti-trade union motives.
2. 502. The Committee notes the allegations concerning the dispute within the Salsamentaria Madrileña enterprise, following the establishment of a workers' union (SINTRAMADRILEÑA) and, in particular, the threats of dismissal against members who did not withdraw from the trade union, the subsequent dismissal or punishment of some of them, the dismissals of the trade union's president and three members of its executive committee, the bribes offered to two trade union leaders to have them request the authorities to annul the legal status of the trade union, and the excessive delays in the negotiation of the demands presented by the trade union. In this connection, the Committee deplores that the Government merely states, without providing any documentation, that the Chief of the Labour Inspection Section of the Regional Directorate of Cundinamarca found that the Salsamentaria Madrileña enterprise had not infringed the freedom of association of its workers, and that the administrative appeals filed by the trade union against this decision were rejected. In these conditions, the Committee requests the Government to send detailed information on all of the allegations.
3. 503. As regards the allegation concerning a delay of over six months in recognizing the legal status of the workers' trade union which was set up on 11 April 1992 within the ATEMPI enterprise, the Committee notes with interest the information provided by the Government, according to which the Registration and Regulation Division recognized the legal status of the National Trade Union of Social Security Workers of ATTEMPI by means of a resolution dated 11 May 1992, one month after the trade union presented its application. The Committee asks the Government to provide the registration certificate and the certificate of legal personality to said trade union.
4. 504. As regards the numerous allegations concerning anti-trade union reprisals following the dispute over the proposed privatization of the Telecom enterprise, as well as the murder of trade union leaders, and the dismissal of seven trade union leaders and 200 members of UTRADEC, the Committee notes that these allegations were forwarded to the Government recently, but nevertheless expresses its deep concern over the gravity of these charges. The Committee therefore requests the Government to respond to these allegations as soon as possible.

The Committee's recommendations

1. 505. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to send detailed information on all of the allegations related to the establishment of the SINTRAMADRILEÑA Trade Union in the Salsamentaria Madrileña enterprise, namely: the threats of dismissal against members who did not withdraw from the trade union, the subsequent dismissal or punishment of some of them, the dismissals of the trade union's president and three members of its executive committee, the bribes offered to trade union leaders to have them request the authorities to cancel the legal status of the trade union, and the excessive delays in the negotiation of the demands presented by the trade union.
   • (b) The Committee requests the Government to provide the registration certificate and the certificate of legal personality to the National Trade Union of Workers of ATEMPI Ltd.
   • (c) As regards the numerous allegations concerning anti-trade union reprisals following the dispute over the proposed privatization of the Telecom enterprise, as well as the murder of trade union leaders, and the dismissal of seven trade union leaders and 200 members of UTRADEC, the Committee notes that these allegations were forwarded to the Government recently, but nevertheless expresses its deep concern at the gravity of these charges. The Committee therefore requests the Government to respond to these allegations as soon as possible.
   • (d) The Committee draws the Government's attention to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected.