Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Discrimination on the basis of race, colour or social origin. The Committee notes the Government’s general reference to various measures to promote fundamental rights and also to technical studies, investigations, plans and policies, adopted with a view to preventing discrimination in access to employment, such as the strategy entitled “Towards a national decent work policy in the context of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. However, the Committee observes that the Government does not provide specific information concerning the content of these plans and their impact in practice. The Committee requests the Government to send specific information on the abovementioned measures and plans and their impact on the elimination of discrimination in access to employment and occupation on the basis of social origin, race, colour or physical characteristics. It also requests the Government to take steps to ensure that no investigations into the social background of job candidates are carried out which result in discrimination on the basis of social origin and that measures are taken to prohibit discriminatory vacancy announcements. The Committee requests the Government to provide information on any administrative or judicial proceedings relating to allegations of discrimination on the basis of the abovementioned criteria.

People of African descent and indigenous peoples. The Committee notes the observations from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of 30 August 2010, referring once again to discrimination in access to employment and training suffered by Afro-Colombian and indigenous peoples. The Committee notes the report of the independent expert on minority issues of 25 January 2011 (A/HRC/16/45/Add.1), which refers, in particular, to discrimination in access to quality education, employment and participation in the economic and political life of the country and also the disproportionate poverty and displacement from their lands suffered by many Afro-Colombians. According to the report, the scant amount of statistical information that exists with respect to these peoples hampers the adoption of adequate government policies. The report states that the estimated rate of illiteracy among the Afro-Colombian population is 30 per cent (double the national average). Their poor level of education reduces their opportunities for employment, which is largely restricted to the informal sector, domestic work (in the case of women) and other unskilled jobs. Even though the Government has adopted a series of measures and plans in relation to the Afro-Colombian peoples, the independent expert considered that they were insufficiently enforced and urged the Government to adopt general anti-discrimination legislation which lays down civil and criminal penalties. In this regard, the Committee notes the 2010 study (No. 3660) produced by the National Council for Economic and Social Policy (CONPES) concerning the policy to promote equal opportunities for the Black Afro-Colombian, Palanquera and Raizal peoples and also the 2010–14 development plan for the Black Afro-Colombian, Palanquera and Raizal communities, entitled “Towards a multi-ethnic and pluricultural Colombia with democratic prosperity”. The Committee notes that the CONPES study evaluates the programmes implemented from 2002 to 2010 and makes a series of time-bound recommendations to various state bodies and institutions relating to education, training and employment for Afro-Colombian peoples. The Committee requests the Government to provide information on the specific measures taken on the basis of CONPES study No. 3660 and their impact on the situation of the Afro-Colombian peoples. The Committee also requests the Government to indicate whether similar studies have been produced or specific education and training measures have been adopted for indigenous peoples and, if so, to supply information on their impact on access to employment and occupations for the indigenous peoples.

Discrimination based on sex. In its previous comments the Committee noted the information supplied by the Government concerning anti-discrimination measures adopted as part of national development programmes and the programmes promoted, inter alia, by the Ministry of Social Protection, the Ministry of Agriculture and Rural Development and the National Training Service. The Committee notes that the CUT and CTC indicate in their observations that women are more heavily affected than men by unemployment, that they receive considerably lower wages, that they occupy less-skilled jobs, that they constitute the majority of workers in the informal sector and that they occupy only a small proportion of high-level posts. In this respect, the Committee notes that the Government provides information indicating that: (i) the Presidential High Council for Women’s Equality reached an agreement with UN Women for the follow up of judicial decisions concerning women’s labour and social security rights; (ii) the Javeriana University organized a course on women and gender addressed to public officers as well as managers from the private sector; (iii) in the framework of the UNIDOS programme, financial credits have been granted to women in situations of extreme poverty or having been displaced; (iv) the National Programme for the promotion of women entrepreneurs was developed; and (v) measures have been taken in order to include and retain women in the world of labour such as the Labour Equality Agenda and the National Public Policy for gender equality. The Committee requests the Government to continue to supply information on the practical implementation of these programmes, policies and measures, and on their impact on the discrimination against women in employment and occupation. The Committee also requests the Government to provide information on the measures taken to give effect to the Equal Opportunities Act (No. 823 of 2003), especially as regards employment training for women in both urban and rural sectors, and on measures taken to ensure that rural women have access to land ownership or possession, agrarian credit, technical assistance, and agricultural training and technology, as provided for in section 3 of Act No. 823 of 2003. Finally, the Committee requests the Government to provide statistical information on the situation of women and men in the labour market and on their distribution in the various economic occupations, posts and sectors.

Indigenous women. The Committee again requests the Government to provide information on action in favour of indigenous women formulated by the Presidential Office for Equal Rights for Women and the results achieved with regard to education, vocational training, employment and occupation.

Sexual harassment. The Committee notes Act No. 1010 of 2006, whereby measures are being adopted to prevent, correct and penalize harassment in the workplace and other forms of harassment within the employment relationship. The Committee observes that section 2 of the Act refers to sexual harassment as abuse in the workplace which takes the form of violence against the sexual freedom of the worker. The Act provides that the existence of sexual harassment is presumed if certain circumstances are fulfilled. The Act lays down the obligation to prevent harassment through specific measures and establishes penalties for persons directly responsible for harassment and for employers who have not taken the necessary steps to prevent it. However, pursuant to section 3, a wide range of attenuating circumstances are set out, including emotional state, excusable passion, family links, evident or hidden provocation or “any other similar circumstances”. The Committee requests the Government to indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against both quid pro quo and hostile working environment sexual harassment. Observing that section 3 sets out a wide range of attenuating circumstances in the event of proven harassment in the workplace, the Committee requests the Government to indicate the manner in which the full protection of victims is ensured in such circumstances. The Committee also requests the Government to provide information on administrative and judicial proceedings instituted in relation to sexual harassment and to indicate whether the Act applies to workers in associated cooperatives.

Finally, observing that the Government’s report contains very little information on the questions under consideration despite explicit requests in this regard, the Committee requests the Government to send a detailed reply to these questions in its next report.