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PDF Special Newsletter: Violence Against Trade Unionists in Colombia As a Crime Against Humanity SPECIAL NEWSLETTER VIOLENCE AGAINST TRADE UNIONISTS IN COLOMBIA WHY THE INTERNATIONAL CRIMINAL COURT MUST INVESTIGATE Contents 1. Introduction 3 2. The concept of strategic litigation in human rights cases 4 3. Repression against trade unions in Colombia 5 4. Persecution of trade unionists: selected cases 6 5. Impunity for acts of violence against trade unionists in Colombia and the significance of the ICC – by attorneys Alirio Uribe Muñoz and Luis Guillermo Pérez, CAJAR 8 6. Summary of the legal arguments in the communication to the ICC 10 7. The International Criminal Court and Colombia – what would be required 12 8. Final remarks 14 With support from: 1. Introduction On 9 October 2012, ECCHR together with developments have at least been officially the Colombian human rights organization reported. The submitted communication CAJAR and the Colombian trade union should make clear that Colombia has, to federation CUT submitted a communi- date, been unwilling — and is, cation to the Office of the Prosecutor furthermore, unable — to genuinely (OTP) at the International Criminal Court prosecute for human rights violations (ICC). The communication relates to the against trade unionists as crimes against ongoing impunity for crimes against humanity. humanity committed in Colombia against trade unionists. It is hoped that as a result of this communication, the ICC will open a The recourse to legal means is intended to formal investigation. This would increase ensure that trade unionists in Colombia are the pressure on the government and supported and protected in their struggle to national prosecutors to make a genuine enforce human and labor rights, and to effort to prosecute human rights violations prevent the murder of further union in Colombia and to introduce appropriate members. This approach may also serve as measures against high-ranking culprits. An an example to other countries and regions investigation by the ICC would also help to in which trade unionists are persecuted and raise global awareness of the human rights killed. Investigations against high-ranking situation in Colombia and facilitate the perpetrators of trade union persecution collection of independent evidence and would also demonstrate to Colombian witness statements. society that this is not just about controversial political decisions; it In March 2012 ECCHR, together with involves grave international crimes. Colombian trade union SINALTRAINAL and with financial support from Misereor, The submission is also intended to trigger a submitted a criminal complaint against wider debate about the selectivity and Nestlé and the company’s leading transparency of the choice of cases by the directors. They stand accused of Office of the Prosecutor in The Hague, and contributing to the murder of trade unionist to persuade the OTP to initiate an Luciano Romero in 2005 by failing to investigation against Colombia, its first introduce protection measures. The investigation against a non-African state. complaint could set a precedent, as it The ICC has for a number of years been would be the first time a Swiss company holding preliminary examinations into has been held responsible in Switzerland crimes committed in Colombia. The legal for a crime committed abroad. This debate on this issue centers on whether or complaint is also intended to support the not the investigations and prosecutions work of trade unionists in Colombia, to undertaken in Colombia are genuinely help bring about the end of impunity in being pursued, and on whether the Colombia, and to demonstrate the perpetrators hold positions of power in responsibility held by multinational politics and the military. But proceedings corporations in countries where human have stagnated since the initiation of the rights are violated and where these preliminary examination. No relevant violations go unpunished. Page 3 2. The concept of strategic litigation in human rights cases The European Center for Constitutional a particular legal case. Even reconstructing and Human Rights (ECCHR) is an the events and compiling the written independent and non-profit human rights complaint can itself be an important step organization located in Berlin and working for those affected by human rights primarily through legal means. ECCHR violations in overcoming their trauma and initiates, develops and supports exemplary in actively fighting for their rights. cases, in order to hold state and non-state Regardless of whether or not a claim is actors accountable for human rights successful in the courtroom, legal violations. In doing so we focus on proceedings can significantly contribute to selected cases that test the existing legal the political debate on accountability for framework, and that have the potential to human rights. Legal proceedings set legal precedents for the enforcement of demonstrate that inhuman policies and human rights. behavior are not just political and social scandals, but represent a violation of the We work together with those affected, their law, punishable by the courts. legal representatives, and with local human rights organizations. Particularly in cases ECCHR fights against double standards in where systematic human rights violations the application of international criminal and their root causes remain unresolved, law. We are, therefore, particularly active such as in this situation the widespread in cases in which those responsible for persecution of trade unionists in Colombia, international crimes are shielded from legal we make use of instruments such as action, whether it is because they hold a complaint mechanisms of UN bodies, civil high position in one of the powerful claims for damages or criminal procee- western states or because — like the dings. The aim of turning to legal measures political and military leadership of is to raise awareness of human rights Colombia — they are closely allied to problems and to support those affected, those states. We believe it is a dangerous and their local organizations, beyond the development if, out of political con- context of the individual case in their wider siderations, international human rights struggle to realize their rights. standards are not enforced, and are applied only to weak states or to those states, and In contrast to the usual work of a lawyer, their representatives, that are our approach is not just about the result in ‘uninteresting’ to the West. Page 4 3. Repression against trade unions in Colombia Colombia is one of the most dangerous implemented. This is publicly known to countries for trade unionists in the world. have occurred in the years prior to the 2,927 trade unionists were murdered there murder of Luciano Romero. This has been between 1986 and 2012. The right to form reported by, among others, Amnesty and join trade unions is one of the pillars of International, the International Trade democratic and socially just societies. It is Union Confederation (ITUC), and in the not surprising, then, that in 2011 the annual reports of the United Nations High United Nations Development Programme Commissioner for Human Rights in listed Colombia, a country rich in natural Colombia. resources, as one of the countries with the greatest levels of social inequality, In the last 30 years nearly 3,000 trade surpassed only by Angola and Haiti. unionists have been murdered in Colombia. These numbers are currently in For many years Colombia has held the decline; yet in 2010 a total of 51 trade unhappy record of being the location of unionists were murdered, followed by 35 more than half of all murders of trade such deaths in 2011. As such, Colombia unionists worldwide. The vast majority of remains one of the most dangerous these crimes are attributed to the countries in the world for trade unionists. paramili taries and state security forces. A high rate of impunity is also reported. Violations of the right to life, liberty, Despite the program of demobilization of physical integrity of trade unionists in paramilitary groups carried out between Colombia, 2002-2012 (30 June 2012) 2003 and 2006, trade unionists continue to Type of violation N° Cases % be threatened and killed by paramilitaries. Trespass or breaking State security forces are also involved in and entering 32 0.50% the murder of trade unionists, and initiate Threats 3,785 59.66% arbitrary criminal proceedings against Assassination attempts with or them. Amnesty International believes that without injury 133 2.10% there is a coordinated military-paramilitary Disappearances 61 0.96% strategy designed to undermine the work of Forced displacement 656 10.34% trade unions through intimidation and by Arbitrary detention 455 7.17% publicly discrediting members. Murder 775 12.22% Harassment 361 5.69% The Colombian state is not willing, or is Kidnapping 57 0.90% unable, to effectively protect trade Torture 29 0.46% unionists. Even in cases where the Inter- Total 6,344 100.00% American Commission of Human Rights has requested the Colombian government to take measures to protect threatened trade Source: Escuela Nacional Sindical unionists, these measures are not Page 5 4. Persecution of trade unionists: selected cases Our selection criteria reach joint goals. Hence, two cases have Of the almost 3,000 assassinations of trade been chosen in which the crimes were unionists committed in the past three committed by paramilitaries (Luciano decades, we present in our communication ROMERO and Maria LUCERO HENAO), five exemplary cases based on the while in the remaining three cases the acts following criteria: were attributed to the military (Arauca and Alejandro URIBE) or police forces With regard to the time frame, Colombia (Guillermo RIVERA). The involvement of accepted the jurisdiction of the ICC over an increasing number of political and crimes against humanity from 1 November governmental actors with paramilitary 2002. Therefore, only cases occurring after crimes came to light through the this date are included in our communi- “parapolitica” and DAS-scandals. These cation. 775 murders of trade unionists fall are reflected in two cases, one where under this time period.
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