Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the observations of 29 October 2011 of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM), and the Government’s reply thereto. The Committee also notes the observations dated 31 August 2012 of the Single Confederation of Workers of Colombia (CUT) and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee requests the Government to provide its observations on these comments.

Discrimination on the basis of race, colour and social origin. In its previous comments, the Committee asked the Government to provide specific information on various measures to promote fundamental rights and to prevent discrimination based on race, colour and social origin, such as the strategy “Towards a national decent work policy in the framework of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. The Committee notes that the Government indicates that under the Directorate of Fundamental Rights at Work two sub-directorates have been established, one for the protection of labour rights and the other to promote social organization, with a view to intensifying measures to prevent discrimination against Afro-Colombians and indigenous peoples. Two forums have also been held for the benefit of these two groups in order to ascertain the work-related problems they face and to establish the policy guidelines to be followed by the Ministry of Labour. The Government states that it knows of no complaints of discrimination based on social origin. The Committee observes that the Government provides no specific information on the results of the strategies it referred to previously, nor any particulars regarding the new measures or decisions taken to eliminate or prevent discrimination based on race, colour and social origin. While noting the importance of adopting long-term measures to combat discrimination, the Committee asks the Government to provide specific information on the impact of the measures adopted and the results achieved with a view to addressing discrimination based on race, colour and social origin.

In its previous observation, the Committee took note of a report produced by the National Council for Economic and Social Policy (CONPES, No. 3660) on the policy to promote equality of opportunity for the black, Afro-Colombian, Raizal and Palenquero communities (2010–14). The Committee notes that according to the CUT, Afro-Colombians have the highest poverty rate (82.12 per cent), have less access to formal employment and are generally concentrated in low-ranking jobs, earning 71 per cent of the pay of a mestizo. The Committee notes that according to the Government, a new CONPES report is being produced with information from all the national entities. The Government refers to a programme set up by the Office of the President to design strategies and action for the development of the Afro-Colombian people, which is divided into five strategic axes: addressing the institutional lag, the creation of human capital, economic development, institutional reinforcement and the Millennium Development Goals. The Committee notes that in the context of these strategies a number of practical measures have already been adopted including the award of collective land titles, measures to set up a Pacific university system, assistance to basic and higher education, improvement of the educational availability, arrangements with employers to conclude agreements with the communities and measures to include these peoples in formal employment. With regard to the specific measures for the education and training of indigenous peoples, the Government states that under the 2010–14 National Development Plan, several measures have been taken, ensuring their autonomy, for the establishment of an indigenous education system, policy guidelines for higher education have been laid down and an intercultural public universities project has been developed. The Committee also notes the measures adopted, including training, to integrate women belonging to these groups in the labour market. The Committee asks the Government to continue to provide information on the measures taken in the context of CONPES No. 3660, the programme for Afro-Colombians set up by the President’s Office and the National Development Plan for Indigenous Peoples 2010–14. It also asks the Government to provide information on the impact of each of the measures adopted in terms of improving access of Afro-Colombians and indigenous peoples to the education system and the labour market, and ensuring their traditional occupations. The Government is also asked to provide information on the measures aimed specifically at women belonging to these groups and the impact of such measures. Please also provide relevant statistical information disaggregated by sex.

Discrimination based on sex. The Committee notes that in its observations the CUT refers in general terms to the persistence of discrimination against women in the labour market, as reported in its previous comments. The Committee notes that the Government refers to the adoption of Act No. 1496 of 2011 to guarantee equality of wages and remuneration for men and women and to establish mechanisms for the elimination of all forms of discrimination. According to the Government, the purpose of the law is to establish mechanisms to bring about real and effective equality in both the public and the private sectors. The Act supplements and amends the Equality Opportunities Act, No. 823, and provides for the development of women’s training programmes that are free from stereotyping, for technological and organizational support for small and medium-sized enterprises managed by women or employing a majority of women, and for rural women’s access to landownership or tenure. The Government indicates that consultations are under way on draft implementing regulations for the Act. Furthermore, Ministry of Labour Resolution No. 162 of 2012 establishes a Gender Equity Group with responsibility for ensuring gender mainstreaming in the Ministry. Work is also under way on an equity seal to be used as a means of certifying private companies and public institutions that apply gender equality measures. The Government further indicates that in accordance with the recent regulations on teleworking, enterprises will be encouraged to adopt teleworking contracts for women prior to their maternity leave and during the period of breastfeeding. The Government has also developed a programme for rural women under which measures have been adopted in the areas of production and public and social policy with a view to improving the living conditions of rural women. While noting all these measures, the Committee notes that the Government provides no information on the impact of the measures and programmes it referred to in its previous observation. The Committee stresses the importance of continuity in the activities undertaken and of reporting on their effects and outcomes with a view to determining the extent to which they contribute to the achievement of gender equality, as foreseen in Article 3(f) of the Convention. The Committee requests the Government to provide information on the impact and outcome of the programmes and measures referred to in the present report and previously, including those adopted under Act No. 1496 of 2011 and the programme for rural women. Please provide information on the measures taken to improve women’s education and training with a view to improved access to employment and occupation.

Sexual harassment. The Committee notes that according to the Government, Ministry of Labour Resolution No. 2646 of July 2008 requires public and private enterprises to establish a committee on coexistence in the workplace, with responsibility for establishing a confidential internal conciliation procedure to prevent harassment at work. These committees are to be established before 20 October 2012. The Government states that complaints of quid pro quo sexual harassment are filed not with the Ministry of Labour but with the criminal courts, as a mechanism for protecting women against violence. The Government states, however, that a system to follow up cases of sexual harassment at the workplace has been developed consisting of a compendium of information and complaints, which will enable labour inspectors to intervene, together with a protocol for receiving sexual harassment complaints for the purpose of providing legal advice and informing labour inspectors and public prosecutors. The Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient due to the sensitivity of the issue, the higher burden of proof which is harder to meet and the fact that criminal law does not address the wide spectrum of behaviours constituting sexual harassment in employment and occupation. The Committee, therefore, requests the Government to provide further information on sexual harassment measures taken by the labour inspectorate and the Ministry of Labour, and on the number of complaints filed and the outcome thereof. The Committee also asks the Government to provide information on the application of section 3 of Act No. 1010 of 2006 on harassment at work (which provides for compensatory measures), and the manner in which adequate protection is secured for victims of harassment. Please indicate whether the abovementioned Act applies to associated work cooperatives.