Colombian President Alvaro Uribe declared a 90-day "state of emergency" on October 9 to break up a six-week strike by the National Association of Judicial Employees (Asonal Judicial — AJ).
The measure allows Uribe to rule by decree on issues related to "disturbances of public order" and temporarily suspend laws incompatible with the state of emergency.
This is the second time that Uribe has declared such a measure.
On September 3, 80% of Colombia's 43,000 judicial workers, which includes judges, clerks and other government employees who work in the courts, went on strike on to demand the enforcement of a 1992 salary scheme that was never implemented. The scheme would put judicial branch salaries on a par with the executive and legislative branches.
Another key demand is job security — more than 18,000 judicial sector employees are working as temporary employees on fixed-term contracts that may not be renewed at any time.
Initially, AJ had called for full implementation of the salary scheme, which would require US$260 million, but lowered their demand to $99 million for 2009 "to kickstart the process", IPS reported on October 15.
However, Uribe has refused to negotiate with the union, and unilaterally decreed $56.6 billion dollars in bonuses for judges, prosecutors and court workers over the next few years.
He has also ordered judicial employees to return to work and threatened them with mass sackings if they don't comply.
But "the strike is continuing nationwide", AJ president Fabio Hernandez told IPS.
Hernandez, who is a Bogota High Court prosecutor, said the union does not accept "the government's idea that the strike will be lifted by invoking emergency powers", and argued the government's decision "is completely unconstitutional, because a peaceful strike like ours does not affect the public order in the least".
The government's aim is to "use extraordinary powers to clamp down on the strike" and "send a warning" to others, he argued.
Judicial independence
In addition to salary and job security concerns, the number one demand presented by strikers is for the guarantee of independence of the judicial branch.
Uribe has repeatedly clashed with the judiciary as his administration has become increasingly engulfed in a "para-politics" scandal.
Eighty governors, mayors and congressional politicians, the majority of them close allies of Uribe, are alleged to have, or have been found guilty of having, direct links to the notorious right-wing paramilitary organisation, the United Self-Defence Forces of Colombia (AUC).
The bodies of hundreds of civilians have been found in mass graves as a result of the testimony of paramilitary leaders who have admitted close ties with politicians.
Those under investigation by the courts include Colombian Vice-President Francisco Calderon, his cousin Defence Minister Juan Manuel Santos, Uribe's brother Santiago and his cousin former senator, Mario Uribe, three brothers and the stepson of of Attorney-General Eduardo Maya Villazon, and Senator Carlos Garcia (president of Uribe's political party).
It has also been alleged that paramilitaries also held meetings at Uribe's farm.
As links between Uribe and paramilitary death squads became increasingly exposed, Uribe had 13 key AUC whistle-blowers extradited to the US in May, where they were placed in solitary confinement — out of the reach of Colombian courts.
Uribe has also proposed constitutional amendments that would severely restrict the Supreme Court's ability to investigate sitting politicians.
Only two days before AJ began its strike, a car bomb went off near the Court of Justice in Cali, killing four people and injuring 20.
Santos immediately blamed the bombing on the left-wing Revolutionary Armed Forces of Colombia (FARC). However, a September 3 IPS article cited an analyst who closely follows the civil war with the FARC, stating it had been confirmed that the guerrilla group was not responsible.
Hernandez said that "we were really struck by the fact that this attack occurred just prior to our strike, which was announced over a month ago", IPS reported.
"If this is an attempt at intimidating judicial branch employees, they have wasted their time and their criminal act. Because we are going to continue with this movement, which we see as necessary to improve the administration of justice in Colombian society and, of course, the wellbeing of the judicial sector workers."
Three judicial sector employees have been assassinated so far this year and many others have received death threats.
Sugarcane workers' strike
Tarcisio Mora, president of the Central Union of Workers (CUT), Colombia's main trade union confederation to which the AJ is affiliated, told IPS that it is incredible that "judges, magistrates and court workers ... have to rebel against the law just to get the law enforced".
The Uribe government has also responded in a similarly intransigent manner to sugarcane cutters on strike in Valle de Cauca since September 15.
The minister of social protection, Diego Palacios, called them "vandals" and implied they are connected to the FARC.
Opposition senator Alexander Lopez said that allegations that the strikes are connected to the FARC "are calamitous assertions that [show the Uribe administration] is trying to criminalise social struggles and will therefore give [the administration] the pretext to dismantle the peaceful movement of the sugarcane cutters", CIP reported on October 3.
A crackdown by government security forces on sugarcane cutters' protests has resulted in at least 40 workers being injured.
Colombia has the highest murder rate of trade unionists in the world and figures show government repression is increasing — at least 40 Colombian trade unionists have been murdered in the first eight months of 2008, compared to 39 last year,
The CUT has called a nationwide general strike for October 23 to protest the state of emergency.