US embassy cable - 04BOGOTA11217

C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 011217 
 
SIPDIS 
 
STATE PLEASE PASS TO USTR - CLATANOFF 
GENEVA FOR CHAMBERLIN 
LABOR FOR ILAB 
 
E.O. 12958: DECL: 11/02/2014 
TAGS: ELAB, PHUM, PGOV, ETRD, CO, ILO 
SUBJECT: GOC SEEKS CONTINUED FUNDING FOR ILO COOPERATION 
PROGRAM 
 
REF: A. BOGOTA 9783 
     B. BOGOTA 9522 
     C. BOGOTA 9526 
 
Classified By: Ambassador William B. Wood for reasons 
1.4 (b) and (d). 
 
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Summary 
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1. (C) On October 28, Vice Minister for Labor Affairs Luz 
Stella Arango briefed embassies of ILO Governing Body (GB) 
members on GOC cases before the ILO's Committee on Freedom of 
Association (CFA) scheduled for discussion at the ILO 
Governing Body meeting in November.  She also requested 
support for continued funding of the ILO's special technical 
cooperation program.  Arango noted that the cooperation 
program has played a key role in advancing labor rights and 
outlined plans for future activities should funding continue. 
 Representatives of the Office of the Prosecutor General 
("Fiscalia") described progress on 40 key cases of trade 
unionist murders included in CFA case 1787, which calls for 
GOC action to investigate and prosecute perpetrators of 
murders and human rights abuses of labor leaders, but 
acknowledged slow progress on addressing impunity issues 
across the board.  Fiscalia representatives briefed on the 
status of the criminal investigation of three military and 
one civilian accused of the August 5 murder of three trade 
unionists in Arauca Department, asserting the Fiscalia has 
rejected the military justice system's request for shared 
jurisdiction.  Arango acknowledged unions remain skeptical of 
GOC efforts.  End Summary. 
 
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GOC: Technical Cooperation Program Essential 
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2. (C) Arango began her briefing with a push for continued 
funding for the ILO's special technical cooperation program. 
She noted the program has played an essential role in 
fostering tripartite dialogue and raising awareness of 
international labor norms within the GOC, regional 
governments, and Fiscalia.  Arango also asked GB members to 
vote against a Commission of Inquiry or Fact-Finding 
Commission should they be proposed by unions at the November 
session.  She asserted an ILO investigative commission is not 
necessary and could undo many of the cooperation program's 
gains to date by increasing tensions.  Arango stressed the 
importance of ILO trainers' continued participation in 
training seminars and dialogue tables because of lingering 
mistrust between labor unions and the Government.  Arango 
also outlined GOC plans for future activities, should funding 
continue, including tripartite discussions on Convention 87 
and the right to strike in "essential services" sectors and 
additional seminars for police, military, law students, 
public servants and Fiscalia prosecutors.  The GOC also plans 
to launch a nationwide television ad campaign to promote 
workers' rights. 
 
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More Protection for Labor Leaders 
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3. (C) Arango reminded those present that levels of violence 
against trade unionists continue to decline.  Although GOC 
statistics differ from those presented by the National Labor 
College ("Escuela Nacional Sindical"), both show significant 
declines in the number of trade unionist murders and 
kidnappings this year (ref A).  Arango also noted that 
funding for the Ministry of Interior's protection program has 
increased substantially in the past two years and observed 
that the majority (55 percent) of the program's resources go 
to trade unionist participants.  (The program also provides 
protection for human rights defenders, journalists, 
politicians and other at-risk populations.)  Representatives 
of the Presidential Program for Human Rights also discussed a 
relocation program for teachers, who represent about 
one-third of organized labor (ref B).  GOC officials pressed 
for the creation of the program after hearing about increased 
levels of violence against teachers at several ILO seminars. 
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Progress Slow on Impunity 
------------------------- 
4. (C) Fiscalia representatives reviewed progress on 40 key 
cases included in CFA case 1787, stating that most cases have 
moved to trial and, in some, guilty verdicts have been handed 
down.  Arango acknowledged that 40 cases is a small number 
and that much work remains to be done.  She noted the 
technical cooperation program had conducted seminars with 
prosecutors to sensitize them to the importance of trade 
unionist murder cases.  Fiscalia representatives noted they 
are constrained by limited resources and security concerns, 
which often preclude witnesses from sharing information and 
place prosecutors and investigators themselves at great risk. 
 Recent security improvements have permitted the Fiscalia to 
re-open cases previously suspended due to lack of evidence. 
On the investigation into the August 5 killings of three 
trade unionists in Saravena, Arauca Department, three 
suspected Colombian Army soldiers and one civilian informant 
remain in custody after forensic examinations revealed the 
trade unionists were not killed in a skirmish (ref C).  The 
Fiscalia denied the military justice system's request for 
shared jurisdiction on October 7.  (The question of 
jurisdiction has been sent a higher court for resolution.) 
The Fiscalia's national human rights unit has made the case a 
priority and hopes to move to trial quickly, but must still 
complete a series of steps mandated by the penal code. 
 
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Unions Not Convinced 
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5. (C) In response to a question from the French political 
counselor, Arango agreed unions do not seem convinced that 
the GOC is serious about dialogue despite the series of 
seminars already conducted.  In private discussions with the 
Embassy, several labor leaders have acknowledged the large 
number of seminars but have complained about GOC 
follow-through on concerns raised in the seminars.  Labor 
leaders have also told us that the GOC is willing to discuss 
local and regional issues in seminars but is generally 
reluctant to consult on national policy issues, such as 
pension reform, privatization, and changes to the labor code. 
 
 
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Limited GOC, Union Representation Expected 
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6. (C) The GOC delegation for the November session has not 
yet been decided, but we have reason to believe Arango will 
lead it.  Colombian labor federations are leaning against 
sending representatives to Geneva just to participate in a 
half-day session.  Labor leaders continue to express 
frustration at the success of the GOC's lobbying efforts with 
the international community and their own failure to secure 
an ILO investigative commission. 
WOOD