Colombia: threats against trade unionists

ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case COL 080502. ESCRC




The International Secretariat of OMCT requests your URGENT intervention in the following situation in Colombia.


Brief description of the situation

The International Secretariat of OMCT has been informed, by a reliable source, of the continuous death threats directed to Mr. Wilson Arias Castillo, representative of the Sindicato de Empleados del Servicio Nacional de Aprendizaje (SINDESENA), and to workers and trade union leaders who took part in the peaceful occupation of the premises of the Empresas Municipales de Cali (EMCALI), during the months of December 2001 and January 2002. According to the information received, intimidations and threats have been delivered through phone calls, written messages, fake death notices and sometimes even personally. It is also reported that several trade union leaders were forced to flee the country in order to prevent any danger or threat to their physical integrity.


Background Information

These facts occur against the background of discussions on the privatisation of EMCALI, a long time city-owned utility company, located in Cali.

Since December 26th 1996, when the Cali Municipal Council had laid down “Decree 014”, which provided for the privatisation of EMCALI, local trade unions had reportedly been engaged in formulating proposals and negotiating with the management in order to protect the public company status of EMCALI. Together with those proposals, workers and trade unions leaders had organized a series of activities ranging from rallies, permanent assemblies, and peaceful occupations. In 1998, a peaceful occupation had resulted in the revocation of “Decree 014” by the Cali Municipal Council.

However, on December 24th 2001, the Colombian Government decided to militarise the premises of EMCALI and to appoint a Liquidator with a view of laying off workers and proceeding to the privatisation of the company. Workers had therefore begun a 35-days peaceful occupation of the EMCALI Municipal Administrative Centre (CAM) Tower and developed a range of activities to ensure that EMCALI remained a public corporation.

On January 29th 2002, an agreement was eventually signed by the Colombian Government, the Mayor of Cali and trade unions to bring to an end the occupation of the CAM Tower. The agreement completely satisfied the three demands of the union: the company would not be privatised, there would not be any price increase and a high level anti-corruption inquiry would begin to investigate and bring all those responsible of having squandered the company’s public resources in recent years to justice.

Despite the signing of this agreement, which should have guaranteed the resolution of the conflict, threats have continued to be perpetrated against trade union leaders and workers involved in the occupation of the EMCALI offices.


Action Requested

Please write to the Colombian authorities urging them to:



i. adopt all necessary measures to guarantee the safety and physical and psychological integrity of Mr. Wilson Arias Castillo;

ii. guarantee an immediate, exhaustive and impartial enquiry into the facts described above, to identify those responsible bring them before a competent and impartial tribunal and apply the penal and civil and/or administrative sanctions foreseen by the law;

iii. guarantee respect for the economic, social and cultural rights and notably the right of everyone to join and form trade unions as guaranteed by article 8 of the International Covenant on Economic, Social and Cultural Rights;

iv. guarantee in all circumstances the respect of human rights and fundamental freedoms in the country in accordance with national laws and international standards on human rights.


Addresses


· S. E. Andrés Pastrana Arango, Presidente de la República, Cra. 8 n°.7-26, Palacio de Nariño, Santafé de Bogotá.Fax: (+57 1) 2867434; (+57 1) 2866842; (+57 1) 28421 86 ;

· Consejería Presidencial de Derechos Humanos, Calle 7 n°. 6-54 Piso 3, Santafé de Bogotá, D. C. Fax: (+57 1) 337 13 51 ;

· Doctor Gustavo Bell Lemus, Ministro de la Defensa, Avenida El Dorado con Cra. 52 CAN, Santafé de Bogotá. Fax: (+57 1) 222 18 74 ; e-mail : siden@mindefensa.gov.co ;

· Doctor Armando Estrada Villa, Ministro del Interior, Cra. 8 n°. 8-09 Santa Fe de Bogotá, Santafé de Bogotá. Fax: (+57 1) 286 80 25 ; (+57 1) 286 84 05 ; e-mail: minisint@col1.telecom.com.co ;

· Doctor Edgardo José Maya Villazón, Procurador General de la Nación, Carrera 5 n°. 15-80, Santa Fe de Bogotá.Fax:(+57 1) 284 0472;(+57 1) 342 97 23 ; (+57 1) 282 76 14
e mail : reygon@procuraduria.gov.co ;

· Doctor Luis Camilo Osorio, Fiscal General de la Nación, Diagonal 22 B n°. 52-01, Santafé de Bogotá. Fax: (+57 1) 570 20 08 ;(+57 1) 570 20 00; e-mail :contacto@fiscalia.gov.co ; denuncie@fiscalia.gov.co; webmaster@fiscalia.gov.co ;

· Doctor Eduardo Cifuentes, Defensor del Pueblo, Defensoría del Pueblo, Calle 55 n°. 10-32 Santa Fe de Bogotá. Fax: (+ 57 1) 346 12 25 ;

· General Fernando Tapias Stahelin, Comandante de las Fuerzas Militares, Avenida el Dorado con Cra. 52, Santafé de Bogotá. Fax: (+57 1) 222 29 35 ; e-mail : siden@mindefensa.gov.co; pilaque@cgm.mil.co


Please also write to the embassies of Colombia in your respective country.

Geneva, May 8th, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.