Colombian State violated Víctor Manuel Isaza Uribe's rights to juridical personality, life, humane treatment,
and personal liberty recognized at Articles 3, 4, 5, and 7 of the American Convention, taken in conjunction
with the obligations established in Article 1(1) and 2 thereof.
140.
The violation of the obligation established in Article 2 of the American Convention has to do
with the fact that at the time that the events began there were in force a legal framework connected with the
establishment and strengthening of paramilitary groups with state encouragement and a legal framework to
do with the identification of trade unionists as internal enemies.
141.
The Commission also concludes that the State violated Article I (a) of the Inter-American
Convention on Forced Disappearance of Persons.100
B.
142.
Right to freedom of association (Article 16 of the American Convention)
Article 16 of the American Convention provides:
Everyone has the right to associate freely for ideological, religious, political, economic, labor,
social, cultural, sports, or other purposes.
143.
The Court has held: “These words establish literally that those who are protected by the
Convention not only have the right and freedom to associate freely with other persons, without the
interference of the public authorities limiting or obstructing the exercise of the respective right, which thus
represents a right of each individual.” It added that, “they also enjoy the right and freedom to seek the
common achievement of a licit goal, without pressure or interference that could alter or change their
purpose.”101
144.
The Court has determined that the right to form trade unions and to collectively pursue
protection of labor rights is protected by freedom of association. This freedom translates into the ability to
constitute labor union organizations, and to set into motion their internal structure, activities and action
program, without any intervention by the public authorities that could limit or impair the exercise of the
respective right. It also supposes that each person may determine, without any pressure, whether or not she
or he wishes to form part of the association.102
145.
In addition to recognizing the autonomy and independence of labor unions and allowing free
exercise of union rights, States must also ensure that human life and personal safety are fully respected when
an individual exercises his or her union activities.103
146.
The ILO Committee on Freedom of Association has stated that:
Freedom of association can only be exercised in a situation in which fundamental human rights are
fully guaranteed and respected, particularly those related to the life and safety of the individual.104
With regard to the Inter-American Convention on Forced Disappearance of Persons, the Commission notes that the State of
Colombia ratified that instrument on April 12, 2005. Therefore, bearing in mind the aforementioned characteristics of the
crime of forced disappearance of persons, the State bears responsibility for violation of the rights established in that
Convention, following its ratification thereof and in connection with those cases of forced disappearance that still persist in
time.
100
101 I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of February 2, 2001. Series C
No. 72, pars. 156 and 159. Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment March 3, 2005. Series C, No. 121, par. 69.
102 I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations, and Costs. Judgment of February 2, 2001. Series C,
No. 72, par. 156.
103
IACHR, Second Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.Doc 66, párr. 258.
104 ILO. Decisions of the Committee on Freedom of Association: 233rd Report, Case No. 1233 (El Salvador), para. 682; 238th
Report, Case No. 1262 (Guatemala), para. 280; 239th Report, Cases Nos. 1176, 1195 and 1215 (Guatemala), para. 225, c); 294th Report,
Case No. 1761 (Colombia), para. 726; 259th Report, Cases Nos. 1429, 1434, 1436, 1457 and 1465 (Colombia), para. 660; see also UN
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