Trade Union Rights Unit, Colombia
The Trade Union Rights Unit is now operating in Bogotá in the offices of the respected lawyers’ collective CAJAR. It is staffed by a qualified lawyer, Sandra Gamboa Rubiano, who is employed to work full time on the project, with the support of the other lawyers of CAJAR. The project has allowed CAJAR to take on a much larger number of trade union cases than were handled previously by the general Social and Economic Rights Unit (which deals mainly with non-labour cases).
The majority of cases accepted by the Unit are ‘parte civil’ in which CAJAR represents victims or victims families as civil third parties in criminal hearings before the Fiscalia. In these cases, the State is prosecuting the alleged perpetrators of violations but CAJAR is able to intervene in the case and to present evidence in the hearing in an attempt to secure a conviction.
Two years since the Trade Union Rights Centre began its work in Colombia in association with the Lawyers’ Collective José Alvear Restrepo (‘CAJAR’) we are pleased to be able to share with you details of important cases that the TURC lawyers have won.
Making a real difference
Some successful cases show that, even with only the limited resources of the TURC, it is possible break the vicious cycle of impunity. Of the more than eighty cases that TURC is handling the following successful actions can be demonstrated:
- The sentencing of an official of the Colombian army and several soldiers to 40 years imprisonment for the murder of three trade union leaders in the Arauca region in 2004. The Unit struck a blow against impunity when it succeeded in its argument before the court;
- The dismissal from the armed services and disqualification from public office for a period of 20 years of Colonel Luis Francisco Medina Corredor, then commander of the Army’s Special Forces, following his alleged involvement in the murder of the three trade unionists;
- The release from arbitrary detention of five trade unionists and their acquittal from all charges: Dora Lizcano (ANTHOC); Ledy del Carmen Parada Reyes (Asonal Judicial); Ilma Julia Baptista (SINACOMBI); Miguel Angel Duran Duran (FECODE); and Edgar Botero Cárdenas (Sintraelecol);
- The securing of compensation for the families of murdered trade union leaders Jose Ortega (CUT) and Luis Jose Mendoza Manjares (ASPU) following a finding by the courts that the State had failed in its duty to protect their lives;
- The sentencing to 40 years of imprisonment for policeman Carlos Alberto Monroy Rodriguez after the court found him guilty of the murder of Jorge Dario Hoyos, a leader of the Sintrainagro trade union in Cundinamarca. It was later reported that Monroy Rodriguez escaped from prison and joined the paramilitary organisations.
In addition, The Unit has made successful applications for Medidas Precautelares (protection orders) from the Inter-American Commission for Human Rights. These orders require the Colombian authorities to ensure that individuals at risk are protected against threats.
In order to accomplish this vital work with only small amounts of funding ICTUR has drawn upon its networks of legal expertise, on the expertise of its staff and officers, and on the skills of the CAJAR lawyers collective in Colombia. We have been fortunate to secure funding from a number of trade unions, human rights organisations, and lawyers groups, and we would like to express our thanks in particular to: LO (Norway); UNISON (UK); SEIU (USA); IMPACT (Ireland); CAW (Canada); CEP (Canada); Amnesty International (UK); UNI (International); Garden Court barristers’ chambers (UK); Matrix barristers’ chambers (UK); IMF metalworkers (International).
However, if we are to continue to carry out this work over the year ahead we urgently need your support and I urge you to consider whether your organisation can assist us by funding this vital work. With your help, now, this is the real opportunity to make a difference. Contact me, Miguel Puerto on Miguel@ictur.org to discuss how your organisation can help our work, or visit www.ictur.org/payment.htm to make a donation via the online payment system PayPal.
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