Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations made by the Confederation of Workers of Colombia (CTC) on 28 August 2015. It also notes the observations of the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the comments of the CTC, the CUT and the CGT of 28 November. In addition, it notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), dated 18 October 2013 and 1 September 2015, which refer to the measures adopted by the Government for the application of the Convention. The Committee requests the Government to provide its comments on these observations.

Article 2 of the Convention. Gender equality policy. In its previous comments, the Committee requested the Government to provide information on the impact and outcome of the programmes and measures referred to by the Government, including those adopted within the context of Act No. 1496 of 2011 and the Programme for Rural Women, as well as the measures adopted to improve women’s education and vocational training. In this connection, the Committee notes that the CTC refers in its observations to the failure to adopt the implementing regulations for the Act. The Committee also notes the indication by the CUT that, although an increase can be seen in women’s participation in the labour market, there remain situations of discrimination, such as the absence of social security coverage for rural women and the lack of protection for pregnant workers. The Committee notes the Government’s recognition in its report of the existence of a gender gap and its description of the measures adopted to deal with it. In this regard, the Committee emphasizes the various measures adopted by the Government and their impact, as described on the internet site of the Ministry of Labour. These measures include training activities for 4.8 million women, measures intended to increase the participation of women in managerial posts and measures to reduce unemployment among women. The Committee further notes the indication by the Government that the labour equity policy was adopted in 2012, with a gender approach, with a view to the eradication of all forms of discrimination, inequality and violence against women, and for the promotion of their labour market participation. The equality label “Equipares” has also been established, to which over 45 enterprises are committed, covering 75,000 workers. The label includes a programme composed of workshops on labour and sexual harassment, committees on coexistence at the workplace and hearings procedures. The Government is planning to extend Equipares to the public and rural sectors. The Government adds that measures have been adopted to improve the situation of rural women, and that a Decree is in the process of being adopted for the coverage of self-employed workers, including rural women, by the general scheme for employment risks. The Committee further notes the measures adopted by the Government for the inclusion in the social security system of women domestic workers. With reference to the adoption of the implementing regulations of Act No. 1496 of 2011, the Government indicates that, as certain elements of the Act relating to equal remuneration are being re examined by Congress, it has not yet been possible to adopt the implementing regulations. The Committee requests the Government to continue providing information on the measures adopted with a view to improving the situation of equality between men and women, including rural women. In particular, the Committee requests the Government to provide statistical information as a basis for identifying the progress achieved in the participation of men and women in vocational training, the labour market and managerial positions, including in non-traditional sectors. The Committee also requests the Government to provide information on measures offering protection against discrimination on the basis of pregnancy, and any progress in the amendment and adoption of the implementing regulations for Act No. 1496 of 2011.

Harassment at work. The Committee notes the information provided by the Government in relation to the application of Act No. 1010 on harassment at work, and particularly the action and measures taken by the labour inspectorate in the event of requests for intervention and conciliation. Nevertheless, the Committee observes that this information does not include the reasons for which such requests for intervention are made since, as indicated by the Government, no distinction is made between the reasons behind complaints. With a view to being able to determine the extent to which the procedure established by Act No. 1010 of 2006 is an effective tool to combat discrimination, the Committee requests the Government to take the necessary measures for the disaggregation of information concerning the activities of the labour inspectorate and the Ministry of Labour to give effect to Act No. 1010 of 2006, taking into account at least the grounds of discrimination set out in Article 1(1)(a) of the Convention.