[CTC] Baucus wants Fast Track legislation by June

Arthur Stamoulis arthur at citizenstrade.org
Wed Apr 24 09:13:44 PDT 2013



Begin forwarded message:

From: Gimena Sanchez <GSanchez at wola.org>
Date: April 21, 2013 1:15:17 PM PDT
To: Gimena Sanchez <GSanchez at wola.org>
Subject: Recent human rights, labor and humanitarian cases

April 22, 2013

Dear All,

The Washington Office on Latin America (WOLA) wishes to bring to your  
attention the following Colombian human rights, labor rights and  
humanitarian. We recommend that U.S. officials and civil society  
groups express their concern about these situations and urge the  
Colombian authorities to take action to positively address these cases.

Best regards,

WOLA

Assassination of Victims Leader in Valencia, Cordoba

On April 9, 2013 Ever Antonio Cordoba Oviedo was murdered by a hit man  
in the streets of Valencia, Cordoba. Cordoba Oviedo was President of  
the Municipal Table of Displaced Persons, an organization that  
advocated for the rights of victims and internally displaced persons.  
The assassination occurred as he was heading to a meeting with land  
restitution claimants. Sadly, his death occurred at the same moment  
that hundreds of thousands of Colombians were marching throughout the  
country in favor of peace and the rights of victims.

Oscar Zuluaga, spokesman of the restitution process in Cordoba, and  
Eladio Pascual Ramos, secretary of government, both note that while  
Oviedo had not received threats, his profile as a victim’s leader made  
him vulnerable. The police have begun an investigation to determine  
the perpetrators and masterminds of the assassination. The commander  
of the 11th Brigade has publicly noted that this crime took place in  
an area where criminal bands are present.

Meanwhile, the United Nations has condemned the crime. Expressing deep  
concerns for the security of community leaders the U.N. underscored  
that “this violent death is worrying because it is the second murder  
in the last two weeks that targeted land [restitution] leaders in  
Valencia,” and asked the Colombian government to take effective  
measures to provide security and protections for the lives of victims.

Colombian authorities are urged to investigate and bring the  
perpetrators of this crime to justice and to provide protection for  
the land restitution leaders and their families in this region.

Murder of Son of Land Restitution Leader

On April 12, 2013 Narciso Enrique Teherán Mejía was murdered after a  
series of death threats were circulated and paramilitary operations  
took place in the El Tamarindo estate (municipality of Galapa,  
Atlantico Department). Teherán Mejía, the son of a land restitution  
petitioner and member of the peasant association ASOCAMPO, was shot  
pointblank on the right cheekbone while asleep in his home on the El  
Tamarindo estate.

The poor institutional response of the Colombian government to the  
housing needs of over 135 forcibly displaced families from this region  
since 1999 has led many of those displaced to peacefully occupy  
hectares situated within the El Tamarindo estate since 2001. Although  
this estate has had an absence of land titles since the 1970s, a  
series of administrative irregularities have resulted in the Char,  
Abdala Saieh, and Muvdi families being favored in possession of these  
territories.

On January 28, 2013 an eviction, granted to petitioner Nancy Tarud  
Abdala from 2009 was initially carried out by the police. Nonetheless,  
just thirty minutes after the eviction began, Lesman Edgardo Gonzales  
Parra alias “Cobrador” and brother of Libardo de Jesus Parra Gonzales  
alias “Flaco” and head of security of the Alberto Orlandes Gamboa  
alias “Caracol” who heads the paramilitary group “El Cartel de la  
Costa” arrived with armed men to continue the eviction process and  
threaten everyone who remained in the estate.

Since then the situation has deteriorated with Lesman Edgardo Gonzales  
Parra forcibly taking control of the estate by burning houses,  
destroying the food crops belonging to the families and threatening  
and assaulting community leaders. Tomas Ramos and Luis Escorica were  
shot at with a 7.65 mm gun after they demanded answers about their  
land. Thus the process of land restitution in El Tamarindo has been  
affected by the irregular land titling that has benefited a very few  
and has been marked by the presence brutal paramilitaries that  
assassin civilians such as Narciso Enrique Teherán Mejía.

Colombian authorities are urged to investigate and bring the  
perpetrators of this crime to justice and to provide protection for  
the IDP families in El Tamarindo Estate.

Disappearance of UNEB Trade Unionist

On April 19, 2013 the Central Unitaria de Trabajadores de Colombia  
(CUT) trade union denounced the disappearance of Carlos Alfonso Ospina  
Rodriguez, President of the National Bank Workers Union’s (UNEB)  
Bucaramanga branch. Ospina Rodriguez has been missing for a week. The  
CUT has asked for assistance from both the Colombian and Venezuelan  
authorities in locating Mr. Ospina Rodriguez.

U.S. authorities should encourage the Colombian and Venezuelan  
authorities to investigate this matter and to help locate Mr. Rodriguez.

Intimidation Campaign against Journalist Claudia Julieta Duque

On March 12, 2013, Claudia Julieta Duque’s case against seven members  
of the now disbanded Administrative Security Department (DAS) for  
psychological torture went public. Since then Duque has been subjected  
to an intimidation and harassment campaign. The most recent incident  
occurred on April 12, after her daughter was photographed up close by  
an unknown man in the vicinity of her father’s home.

Duque, a journalist who works as a correspondent with Equipo Nizkor,  
first suffered harassment on March 12 after her brother received a  
suspicious call on the phone provided to human rights defenders as  
part of their security detail. A man who identified himself as Elkin  
Perdomo from the National Protection Unit (UNP) asked for Duque’s  
phone number and address under the pretext that this was required for  
a new security evaluation. This was odd given that the study is  
scheduled to take place in June. The same day, Duque was at the  
hairdressers when she realized she was being watched by an unknown man  
in a taxi.

On March 15 and 16 she received two executable files on her computer  
from the same email address (porladignidadmilitar at ...), which led her  
to believe that they were viruses and she deleted them. Aware that her  
phone is tapped, Duque mentioned this number of times on the phone on  
March 17. Since then she has not received any no more files of this  
type. That same night her daughter noticed a taxi observing their home  
for more than one hour.

On March 21 a Police Superintendent claiming to be from the Human  
Rights Directorate arrived at Duque’s home. He claimed to know that  
she had been granted security measures by the Inter-American  
Commission for Human Rights since 2008, when in fact it is since  
November 2009, and wished to inquire as to whether the police were  
providing her with sufficient protection. Duque found this to be  
suspicious so she did not let the man enter but rather spoke to him  
via the intercom. She asked the man for a telephone number at which  
she could contact him but he did not comply with this request.

An immediate investigation by Colombian authorities into these recent  
incidents, as well as other instances of surveillance and harassment  
of Duque and her daughter is necessary. Colombian authorities must act  
to guarantee Duque and her family’s protection.

Attempted Forced Disappearance of Human Rights Defender Sofia Lopez

On April 19, 2013 Sofia Lopez of Corporación Justicia y Dignidad was  
leaving the Justice and Peace Unit of the Attorney General’s office in  
Popayan (Cauca) when an unknown man dressed in civilian clothing  
apprehended her, strong armed her and insisted that she follow him.  
This man stated that she had an arrest warrant against her from “the  
sixth” division. A second man arrived who flashed a badge claiming to  
be from the SIJIN very fast that Ms. Lopez could not see who also told  
her to follow him. Ms. Lopez was able to flee to a taxi and the  
commotion caused others to arrive at the scene which prompted the  
police to arrive. The police, however, did not force the man in  
question to identify himself. Rather, Duvan Najar, the police agent  
stated “I am the one who runs things here..what protective measures  
and you do not have a way to show you have such measures” and  
proceeded to make Ms. Lopez show him the contents of her briefcase.

On April 12 Corporación Justicia y Dignidad was informed that one of  
its staff, Sofia Lopez, is currently under investigation by the  
Attorney General’s office for rebellion along with sixty other persons  
It is concerning is included in a list that includes persons who have  
already been arrested and sentenced. This revelation coma after Lopez  
was harassed and intimidated in April. On April 4, 2013 a woman  
approached her calling her a “guerilla lawyer” and saying that  
“guerilla lawyers die here, they kill them here, so be careful.” The  
presence of two suspicious men in front of the lawyer’s office is  
frequent. These men spend three to four hours in the vicinity. Ms.  
Lopez does highly sensitive work advocating for victims and the Inter- 
American Commission on Human Rights has granted her organization  
several injunctions and security measures.

The Colombian Attorney General’s office should explain and clarify the  
charges against Lopez. The Protection Unit must provide protection to  
Lopez, investigate the actions taken by the police and fully enforce  
the injunctions and security measures recommended by the IACHR.

Afro-Colombian Student Leaders Receive Death Threats

On April 16, 2013 Junior Eduardo Rivas Moreno and Johannes Rivas  
Mosquera, student leaders of the Afro-Colombian community, received a  
death threat to their e-mails by the Aguilas Negras which labeled them  
as members of FARC who hide beneath the motto of protecting the  
“interest of the black youth.” The death threat states they have three  
weeks to leave their homes, and underscored that information about  
their families in Choco and Valle, as well as, their daily comings and  
goings is known. The following day, both men received a text message  
that again labeled them as FARC members, but this time said that  
“their time is running out.”

Colombian authorities must take immediate steps to guarantee the  
safety of Rivas Moreno, Rivas Mosquera and their families.

Afro-Colombian Civilians in La Alsacia, Cauca Impacted by Armed Conflict

Afro-Colombian leaders of the Community Council of La Alsacia (Buenos  
Aires, Cauca) are extremely concerned about the impact of armed combat  
operations between members of the FARC guerillas and the Colombian  
armed forces on civilians inhabiting these territories. Civilians are  
frequently subjected to military checkpoints that hinder mobility,  
limit their access to food and agricultural products, construction  
materials and medicines. The armed combat operations are generating  
fear and uncertainty in a community that has already suffered greatly  
due to violence.

In 2000, over 300 Afro-Colombian families were displaced from this  
area. Currently, another 400 families are at high risk of becoming  
displaced due to these armed activities. On April 10, 2013 four people  
were killed during military operations and their bodies were left in  
the streets covered by white sheets. This round of fighting produced  
people panic attacks amongst the civilian population and several  
people fainted.

The presence of armed groups including the FARC guerillas in the area  
is thought to be linked to the existence of coca “kitchens” (informal  
cocaine labs that produce cocaine for distribution). There are reports  
of the FARC pressuring several families to allow them to move freely  
in their territory and that this so that they can produce coca. Combat  
operations by the armed groups in a fight to control the area are  
placing over 400 families in a dangerous situation.

The Community Council of La Alsacia is urging the armed groups to  
cease their armed and withdraw from the territory. They recommend that  
the Colombian authorities bring together the various institutions  
concerned to develop a contingency plan to address the needs and  
concerns of the civilian population. The Colombian government should  
implement Constitutional Court Order 005 of 2009 on Afro-Colombian  
displacement in this region.

Both the FARC and the Colombian armed forces should be urged to  
respect international humanitarian law. Colombian authorities should  
guarantee assistance to persons impacted by the armed conflict in this  
region.

Grave Humanitarian Law Breaches Increases Risk of Displacements in the  
Zona de Reserva Campesina of Perla Amazon (Putumayo)

The indiscriminate use of force by the 27th Brigade under the pretext  
of combating FARC guerilla members is seriously impacting civilians  
located in the Zona de Reserva Campesina (ZRC) in Puerto Asis  
(Putumayo). The population is experiencing fear and anxiety caused by  
the the constant military activity and high risk of displacement.

According the community of Puerto Asis, a military source witnessed  
the entrance of two military canons with a range of twelve kilometer  
to the military base of El Porvenir on Tuesday April 9, 2013. The  
following day, in the hamlet of La Piña (ZRC) members of the 27th  
Brigade detonated six explosive artifacts near a school that resulted  
in structural problems to nearby houses.

On April 11, the 27th Brigade continued the detonation of explosives  
in ZRC areas, this time near the Ecuadorian border. From the military  
base El Porvenir, several explosives were launched close to midnight,  
all detonating just meters away from residences. On April 12, these  
activities continued, this time affecting several hamlets including  
the Bocana del Cuembí y San Salvador, ZRC, as well, as the Ecuadorian  
town of Bajo Cuembí.

The excessive use of force by members of the 27th Brigade must be  
curtailed and all the armed actors operating in this area must respect  
international humanitarian law.

Delays in Protection Measures Make MOVICE Activists Vulnerable to Harm

Activists, José Jair Valencia and Pedro Geney of the Movement of  
Victims of State Crimes (MOVICE) both received security evaluations by  
the National Protection Unit (UNP) that demonstrated that they are at  
high risk of harm due to the advocacy activities they carry out.  
Several measures including bulletproof vests, communication support  
and a transport allowance were approved for Valencia and Geney by the  
UNP. The transportation allowance has not been provided to them and as  
a result both have fallen victim to assaults.

Colombian authorities should immediately implement the full measures  
approved for José Jair Valencia and Pedro Geney.

Fired GM Workers’ Case Far From Resolved

A year and a half into their strike, ASOTRECOL—the association of  
fired injured workers from General Motors’ Colombian subsidiary  
Colmotores—continues to face challenges in securing justice in their  
case. With little support from GM or the United Autoworkers’ national  
leadership (UAW), time is running out for a favorable outcome. The  
Labor Ministry “investigation” into the case is set to expire in  
August of this year, leaving the injured workers with little recourse.  
After telling his story throughout the United States for six months  
and risking his life through a two-month hunger strike, ASOTRECOL  
president Jorge Parra returned to Bogota in early March to find his  
fellow workers—and family—hungry and still seeking work. Their  
situation is critical.

Meanwhile, the other workers at the Colmotores plant have fared only  
marginally better. The few workers associated with the older SINTRAIME  
metal workers appear to have secured some job security through longer  
term contracts. The newer SINTRAGMCOL union, however, was effectively  
split by Colmotores management in March. The company offered  
SINTRAGMCOL members who had been hired before 2000 “indefinite”  
contacts—as opposed to the short fixed-term contracts—and the  
leadership accepted. This created feelings of betrayal throughout the  
union, as it was primarily the leadership who fit into this category.  
There are now reports of a general sentiment of distrust toward unions  
in the plant.

Earlier this month, around 500 workers were dismissed. However, likely  
due to organizing and advocacy in the plant, the laid off workers  
received $60,000 and a new car, and none of the injured workers were  
targeted. The amount is much larger than what was offered to ASOTRECOL  
in their negotiations last September.

U.S. authorities are encouraged to continue to press Colombia’s  
Ministry of Labor to positively resolve the ASOTRECOL case and  
investigate the recent firings of over 500 workers from the Colmotores  
plant.




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