Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Colombia (Ratification: 2001)

Article 2(3) of the Convention. Compulsory education. In its previous comment, the Committee noted the measures taken by the Government towards attaining its goal of universal primary education for all by 2015, but nevertheless noted the gender disparity in secondary education, to the detriment of boys.

The Committee notes the Government’s reference to the National Development Plan 2010–14, which includes among its objectives a cross-cutting educational policy. The Government indicates that it has assigned 94 Secretaries of Education for the implementation of this policy. The Government further refers to the Ministry of Education, as an integral part of the Committee on the Eradication of Child, which has promulgated various measures to reduce child labour through the education sector, including a 2012–13 pilot programme in the mining sector which links children to educational programmes and identifies those children who are otherwise outside of the education system. The Government further indicates that, along with the National Agency for Overcoming Extreme Poverty, it has taken action to identify and educate the entire population, including working with families to identify children otherwise left outside of the education system. The Committee further notes the Government’s reference to Decree 4807 of 2012 which regulates a system of free education for all students through the eleventh grade.

The Committee takes due note of the Government’s measures to increase school attendance under the “National strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)” (ENETI 2008 15). It also notes, however, that according to the 2012 data from the UNESCO Institute of Statistics, the primary-school enrolment rate is over 90 per cent both for girls and boys and the secondary-school enrolment rate is 78.7 per cent for girls and 73.3 per cent for boys. Noting that the attendance rate for both boys and girls remains higher in primary education than in secondary education, the Committee requests the Government to continue to strengthen its efforts to ensure that children attend compulsory education, particularly in secondary education, at least until the age of 14 years.

Article 8. Artistic performances. The Committee notes that under section 6 of Resolution 3597 of October 2013, young persons under the age of 15 years may participate in activities such as artistic performances with the authorization of the Labour Inspectorate, which will establish the maximum number of hours of work and the conditions in which the activities may be carried out, so long as the activities do not exceed 14 hours per week. The Committee also notes the Government’s indication that 114 requests for authorization to work in artistic performances were registered in 2012.

Article 9(1). Penalties. The Committee previously noted that, although the Government indicated that non-compliance with legislation regarding minors is punishable by fines of between one and 100 minimum wages, it had not identified such legislation. In this respect, the Committee notes that the Government has still not identified this legislation, although it has provided information concerning labour inspection visits and actions taken towards permits assigned to young workers. The Committee accordingly requests, once again, the Government to indicate the provisions of national legislation which lay down penalties for non-compliance with legislation regarding minors and to provide information on their application in practice.