Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Article 2 of the Convention. Policy on equality for men and women in employment and occupation. The Committee takes note of the various programmes being developed by the Government to improve women’s access to employment and training. It notes that an Observatory on Gender Matters (OAG) has been established as a tool for monitoring compliance with national and international labour standards on equality between men and women. It notes in particular that in the area “Employment and Business Development” programmes are being set up under the titles Women Heads of Family as Micro-entrepreneurs, Business Training Plan under which 26,200 such women have been trained, and the National Business Woman’s Fair, which aims to set up a trade exhibition with a social focus to promote women’s business activities. It further notes the Strategic Plan for the defence of women’s rights before the law in Colombia, which emerged from an agreement signed by the Government of Colombia with the Autonomous Community of Madrid and which sets three work priorities. It notes in particular that one of the three priorities is to protect women against discrimination at work by: (1) promoting equal opportunities for women; (2) developing women’s employment; (3) encouraging reconciliation of family life and work; (4) defending women’s rights. The Committee notes that one aim is to ensure the effective exercise of women’s rights at work by encouraging the exercise and legal enforcement of the rights laid down in the Constitution and international treaties. In this context, a Strategic Plan has been prepared for the defence of women’s rights before the law in Colombia. Having noted in its observation the comments by the Single Confederation of Colombia (CUT) on the need to strengthen the legal enforcement of international labour Conventions, the Committee requests the Government to provide information on the manner in which it has associated employers’ and workers’ organizations with the abovementioned Strategic Plan and particularly with the measures to protect women against discrimination at work. It also asks the Government to provide detailed information on the measures taken under the Plan and their practical impact. Please also continue to provide information on the national gender equality strategy in relation to employment and occupation, and provide reports of the OAG, which is responsible for general oversight of the gender equality policy.

2. Public sector. The Committee notes that the Government has not sent the information requested in the previous comments and again asks it to provide statistical information on the distribution of men and women in the public sector.

3. Private sector. The Committee again asks the Government to provide information on the measures taken in cooperation with employers’ and workers’ organizations to improve application of the Convention in the private sector.

4. Indigenous women and Afro-Colombian women. The Committee notes that three workshops were held with indigenous women in which 132 women participated. It points out, however, that this information does not allow it to gain a full understanding of the employment and training situation or of how indigenous and Afro-Colombian women may be affected by discrimination. The Committee requests the Government to provide detailed information on the situation of indigenous women as regards employment and training, including statistical information, and on policies that aim to secure equality both in training and in access to employment and conditions of employment.

5. The Committee notes that the Government has not provided information on paragraphs 6 and 7 of the previous direct request. It is therefore bound to repeat the two paragraphs, which read as follows:

Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

6. The Committee notes in general terms that the report provides information on Government policy on gender equality but not on policies on equality based on the other criteria in the Convention. The Committee invites the Government to provide more detailed information on policies to promote equality in training and employment without discrimination on grounds of race and colour, focusing in particular on the situation of the black population. In drafting its report, the Government is asked to follow up on and respond to the questions raised by the Committee in its comments.