Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 30 August 2017, those of the General Confederation of Labour (CGT), received on 31 August 2017, and those of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017.

Article 1 of the Convention. National policy and application of the Convention in practice. In view of the expiry of the National Strategy to Prevent and Eradicate the Worst Forms of Child Labour and Protect Young Workers (ENETI) 2008–15, the Government indicated previously that the National Planning Department (DNP) had undertaken an evaluation of the implementation of the Strategy, which would need to be taken into account in the redesign of the public policy paper for the prevention and eradication of child labour and the protection of young workers (2016–26).

The Committee notes the observations made by the CUT and the CTC in which they indicate that 869,000 children between the ages of 5 and 17 years work, and that rural areas are those most affected by child labour. They add that 4.2 per cent of children between the ages of 5 and 14 years are engaged in work, compared with 19.8 per cent of those between 15 and 17 years of age. The Committee notes the observations of the IOE and the ANDI, indicating that child labour has decreased, falling from 9.1 per cent in 2015 to 7.8 per cent in 2016. The CGT explains that most children participate in family economic activities and that the Government should therefore provide assistance to families, for example through subsidies, to prevent children being faced with the need to work.

The Committee notes the Government’s indication in its report that 20 working days have been organized with the participation of the Colombian Family Welfare Institute (ICBF), the DNP and the ILO with a view to preparing the new public policy paper for the prevention and eradication of child labour and the protection of young workers (2016–26). During the preparation of this public policy, 13 seminars were also held to gather the views of children and young persons.

The Committee notes the Government’s indication that child labour fell by 2.4 per cent between 2015 and 2016. The Government adds that, in 2016, 2,746 authorizations to work were granted to young persons under 18 years of age and that 202 applications for authorizations were refused, 129 authorizations were revoked and 1,870 inspections were carried out. The Committee takes due note of the reduction of child labour in the country and requests the Government to continue its efforts for the progressive elimination of child labour, especially in rural areas. It also requests the Government to indicate whether the public policy for the prevention and eradication of child labour and the protection of young workers (2016–26) has been finalized and adopted, and to provide detailed information on its content and implementation. The Committee further requests the Government to continue providing updated statistical data on the employment of children and young persons, and to provide copies of any labour inspection reports.

Article 2(3). Compulsory education. The Government indicated previously that, in cooperation with the National Agency to Combat Extreme Poverty, measures had been taken to carry out a census of the whole population and to ensure the integration of all children in the education system, including through collaboration with families to identify children marginalized by the education system.

The Committee noted the measures taken by the Government to increase the school attendance rate in the context of the ENETI 2008–15. However, it noted that the primary school enrolment rate was 90 per cent for girls and boys, and that at the secondary level it was 78.7 per cent for girls and 73.3 per cent for boys.

The Committee notes the observations of the CTC and the CUT, according to which 29.8 per cent of children between the ages of 5 and 17 years do not go to school because they are working. The Committee also notes the CGT’s indication that the measures adopted by the Government to promote education have not been effective, as primary school attendance by children in 2016 fell by 85,005 pupils in relation to 2015.

The Committee notes the Government’s indication that the Ministry of National Education has collaborated with strategic partners, including the Administrative Department for Social Prosperity, to ensure that the provision of education reaches the poorest and most vulnerable children and young persons. In this context, the Ministry of Education prepared a protocol at the beginning of 2016 for the organization of active outreach days in the cities of Medellín, Calí and Cartagena, where action has been carried out to reach out to children and young persons not attending school and to help them to enrol. The Government has also established various strategies to reduce school drop-outs through: (1) the implementation of flexible education models (MEF); (2) the school meals programme (PAE); (3) assistance for school transport; (4) the investment of public funds in educational assistance; and (5) a monitoring system to prevent and analyse the causes of school drop-outs. The Committee also takes due note of the adoption of Act No. 1753 of 2015 issuing the National Development Plan 2014–18 (PND 2014–18), of which one of the three pillars is education. It notes that, within the context of the PND 2014–18, the National Educational Infrastructure Plan (PNIE) has resulted in the creation of 3,243 new classrooms, which has benefitted 129,720 children and young persons, and that 2,533 additional classrooms intended to benefit 101,320 children and young persons are under construction. The Committee encourages the Government to continue its efforts to ensure that all children attend compulsory school at least up to the age of 15 years, and particularly the poorest children and young persons. It requests it to provide statistical data on school attendance rates in the country. To the extent possible, this information should be disaggregated by age and gender.

Article 9(1). Penalties. The Committee noted previously that, although the Government indicates that any non-compliance with the legislation respecting minors is punishable with a fine of between one and 100 times the minimum wage, it did not provide details on the legislation.

The Government refers to Act No. 1610 of 2013 regulating certain aspects of labour inspection and indicates that sections 1 and 2 of the Act empower labour inspectors to monitor individual and collective issues in the private and public sectors relating to labour law and the ILO standards ratified by Colombia. The Committee notes that section 7 of the Act provides that labour inspectors shall have the authority to penalize offences with penalties from one to 5,000 times the monthly minimum wage depending on the gravity of the offence. Sections 8 to 11 provide for the possibility for inspectors to issue other penalties, such as the closure of workplaces, evidence gathering, the imposition of a trial period or the suspension of work. The Government adds that in 2015 violations of the legislation concerning minors resulted in 11 penalties (of a total value of 50,891,350 Colombian pesos (COP)) and that nine penalties were imposed by labour inspectors in 2016 (to a value of COP40,677,836). The Committee requests the Government to continue providing information on the practical implementation of Act No. 1610 of 2013, in particular the number and nature of the violations and the penalties imposed.