GOC SEEKS CONTINUED FUNDING FOR ILO COOPERATION

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
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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