Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Colombia (Ratification: 1969)

The Committee notes that, during the course of its session, it received legislative texts that had been requested from the Government. These will be examined at the Committee's next session.

1. With respect to its previous comments, the Committee notes the information supplied by the Government that an enforcement action (acci¢n de cumplimiento) may be brought on the basis of any act or omission of a public authority that fails to apply or executes legislative acts, or performs or fails to perform actions that result in the imminent non-application of binding laws or administrative acts, as well as against the acts or omissions of individuals. It also notes that this action is subordinated to an action brought on the basis of the violation of a fundamental constitutional right (acci¢n de tutela) and that, in this case, the judge will apply the constitutional right procedure. The Committee would appreciate receiving information indicating whether any judgements have been handed down in relation to the principle of non-discrimination in employment and occupation, whether through an action brought on the basis of the violation of a fundamental constitutional right or an enforcement action, and requests the Government to supply copies of any such judgements, if possible not only in respect of discrimination on the ground of sex, but also concerning the other grounds set forth in the Convention.

2. The Committee notes the enactment of Act No. 508, of 1999, which establishes the Plan for Equality Between Men and Women ("the Plan"). According to the report, the Plan is intended to implement the constitutional principles of equality and relevant international Conventions and formulates strategies to overcome those limitations and obstacles which impede women from participating in society on an equal basis with men. In addition, the Committee notes that, under the Plan, the Government undertakes to develop programmes and projects that place priority on the employment of women, as well as on the promotion of training courses for women. The Committee asks the Government to provide copies of the programmes and projects developed by the Government in furtherance of the Plan, including those programmes and projects for women from the different territorial districts, particularly those that live in rural areas or are displaced. Please also provide information on the actual application of the Plan.

3. The Committee also notes the concluding observations of the Committee for the Elimination of Discrimination Against Women (A/54/38, 2 February 1999), indicating that the school drop-out rate among girls and young women remains high, and that the causes of this high rate are linked to sexist stereotypes. In addition, the vocational choices made by women when they reach higher education are still gender-differentiated. The Committee recalls that occupational guidance and vocational training are essential, given that they determine actual possibilities of access to employment and occupations and that discrimination in access to training is subsequently perpetuated and accentuated at the levels of employment and occupation. It therefore requests the Government to provide statistical information, disaggregated by sex, on educational levels. In this context, the implementation of the Plan could play an important role in achieving the goal of the Convention. The Committee requests that, in developing training programmes and projects under the Plan, account be taken of paragraphs 38 and 77 through 85 of the General Survey on equality in employment and occupation, 1988. It requests the Government to keep it informed concerning the actions taken or contemplated.

4. Having noted that the Committee for the Elimination of Racial Discrimination, in its concluding observations of 20 August 1999 (CERD/C/55/Misc. 43/Rev. 3), expressed its concern regarding discrimination against the Afro-Colombian population, the Committee requests the Government to provide information regarding the national policy and any practical measures adopted to promote the principle of equality in employment and occupation in respect of this population. The Committee would also be grateful if the Government would supply statistical information on the levels of training and income received by members of the Afro-Colombian population.