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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Colombia (Ratification: 2005)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August 2014, as well as the observations of the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI), received on 29 August 2014, the observations of the Single Confederation of Workers of Colombia (CUT), received on 31 August 2014 and the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 3(a) of the Convention. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee expressed its deep concern that, despite the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation and the measures taken by the Government to address the issue of forced recruitment of children for use in armed conflict, children were still being forced to join illegal armed groups or the armed forces. It noted the comments of the CTC and CUT concerning the lack of dissuasive penalties imposed on offenders and the lack of necessary training of enforcement officers. It also noted the cases concerning the recruitment of children by the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC–EP) and the Ejercito de Liberación Nacional (ELN).

The Committee notes the most recent observations of the CGT, the CTC and the CUT, which describe the continued prevalence of the forced recruitment of children by the FARC–EP and the ELN and call on the Government to increase its efforts to effectively protect and remove these children from grave situations of violence. The CGT alleges that, between 2012 and 2013, 1,387 children were recruited, approximately 1,255 children by the FARC–EP and 132 children by the ELN. The Committee also notes the CGT’s reference to the statistics contained in the report from the Secretary General on children and armed conflict (A/68/878 S/2014/339) concerning the number of children recruited into, killed and/or maimed by armed groups between 2012 and 2013. The CGT further alleges that legislative reforms permit the Congress to suspend penal investigations and sanctions and allow it to suspend convictions and grant impunity.

The Committee also takes note of the observations of the IOE and ANDI, which highlight the investigations carried out by the Office of the Attorney-General in November 2013 concerning the forced recruitment of children and observe that the Inter-Sectoral Commission on the prevention of recruitment and use of children by armed groups (Inter-Sectoral Commission) was established to prevent the recruitment, use and sexual violence against children by armed groups. The IOE and ANDI also indicate that the Colombian Institute of Familiar Well-Being (ICBF) assisted 5,000 child victims who escaped from armed groups.

The Committee further notes the Government’s information concerning the measures and policies it has undertaken to prevent the recruitment and use of children by armed groups. More concretely, the Committee notes the Government’s information concerning the various measures undertaken by the Inter-Sectoral Commission, whose mandate was broadened under Decree 0552 to also address sexual violence against children by armed groups. The Government also describes additional policy initiatives, including, among others: (i) the development of inter-sectoral policies in more than 110 municipalities, 30 departments and six localities in Bogotá in 2010, and 32 departments, 139 municipalities and six localities in Bogotá in 2011; (ii) the construction of a roadmap with the Inter-Sectoral Commission for the prevention of recruitment of children; and (iii) the technical assistance and capacity building for preventing child recruitment in Antioquia, Tolima, Meta, Cesar and Chocó.

The Committee also notes the Government’s information that 2,641 investigations concerning illegal recruitment were carried out in 2013, 1,849 of which remain active. The Government further indicates that, between 2013 and 2014, the Office of the Attorney General received 189 information reports concerning cases of child recruitment and use in armed conflict and sexual violence. Concerning measures taken to improve investigations and judgments of those responsible for these crimes, the Government indicates that the technical secretary of the Inter-Sectoral Commission has systemized the national sentencing of illegal recruitment. As of May 2014, the technical secretary issued 54 sanctions for illegal recruitment of children, including five cases which involved 511 victims. The Committee also notes the Government’s information concerning the measures and statistics for the 2012 to 2014 period, including, among others, the numerous initiatives which were undertaken to prevent the illegal recruitment of children on a regional basis, such as publicity campaigns, roundtable discussions, special events and interviews with children.

The Committee takes due note of the Government’s continued measures, particularly through the Inter-Sectoral Commission, to prevent the forced recruitment of children by illegal armed groups and to remove them from such situations. Nevertheless, the Committee notes the abovementioned report of the Secretary-General on children and armed conflict of 2014, which observes that while the number of prosecutions for violations against children and information on cases taken up by the Office of the Attorney General remain limited, the United Nations verified that there were 81 cases of recruitment and use of children by armed groups, at least 43 children were killed and 83 maimed during attacks by armed groups, including through the laying of anti-personnel mines. The Committee is obliged to once again express its deep concern at the persistence of forced or compulsory recruitment of children for use in armed conflict, especially as its leads to other grave violations of the rights of children, such as murder, maiming and sexual violence. In this regard, the Committee urges the Government to take immediate and effective measures to put an end in practice to the forced or compulsory recruitment of children for use in armed conflict and proceed with the full and immediate demobilization of all children, including within the framework of the Inter-Sectoral Commission. It also urges the Government to continue to strengthen its system of penal investigations and sanctions so as to ensure that thorough investigations and robust prosecutions of offenders are undertaken in a timely manner and that sufficiently effective and dissuasive penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict.

Article 6. Programmes of action. Inter-Sectoral Commission for the prevention of recruitment and the use of children by illegal armed groups. In its previous comment, the Committee noted that the Inter-Sectoral Commission had provided technical support in 50 municipalities in 26 departments, 40 municipalities and two departments for the adoption of specific action plans to prevent child recruitment by illegal armed groups.

The Committee notes the Government’s information concerning the recent measures by the technical secretary of the Inter-Sectoral Commission, including its assistance to municipalities. The Government indicates that, during 2013, the Inter-Sectoral Commission worked in 537 municipalities and developed 30 strategies, projects, programmes, agreements and institutional action plans to prevent the recruitment and use of children and/or sexual violence against them in 595 municipalities and the district capital. The technical secretary also developed a working methodology for 37 municipalities to articulate a national-territorial agreement and to create working groups for emergency response action. The Committee also notes the Government’s indication that, over the past ten years, the country’s programmes have provided assistance to over 900,000 children who had been left in conflict, and in 2012, 118 children were removed or rescued from armed groups. The Committee requests the Government to continue to provide information on the implementation of the plans of action adopted by the Inter Sectoral Commission to prevent the forced recruitment and use of children by illegal armed groups.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Child soldiers. The Committee recalls its previous comment concerning the measures undertaken by the ICBF for the protection of children and young persons demobilized from illegal armed groups, which involves four distinct phases: identification and diagnosis, treatment, consolidation, and monitoring and follow-up.

The Committee notes the Government’s indication that, since 2012, the ICBF has been further enhancing the capacities of its staff and models of intervention to respond to the challenges of rehabilitating and reintegrating child victims. The Committee also notes the Government’s information concerning the integrated model of psycho-social assistance, which was created by the ICBF to respond to the specific needs of children, depending on their age, gender, ethnicity and the nature of the crime and which involves the participation of 800 professionals. In 2013, the ICBF had initiated a pilot programme in 11 departments with the participation of 204 professionals. The Committee further notes the Government’s information that the number of children demobilized from armed groups increased from 195 in 2012 to 332 in 2014. The Committee welcomes the Government’s continued efforts to strengthen the capacity of the ICBF to implement effective and time-bound measures to remove children from armed groups, and requests the Government to continue to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of these measures.

The Committee is raising other matters in a request addressed directly to the Government.