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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Employers’ Association of Colombia (ANDI) received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Columbia (CUT), and the General Confederation of Labour (CGT) received on 1 September 2021.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring t and offering of children for the production of pornography or pornographic acts. The Committee notes the Government’s indication that, in the framework of Act No. 1336 of 2009, supplementing and reinforcing Act No. 679 of 2001 combating exploitation, pornography and sexual tourism involving children and young persons, prevention programmes have been put in place in respect of online commercial sexual exploitation of children. Noting also that, with the support of the Columbian Family Protection Institute (ICBF), technical assistance has been provided on the use, recruitment and offering of children for pornographic purposes to defenders, family commissioners and police officers. The Committee requests the Government to continue providing information on the measures adopted to prevent and punish the use, procuring or offering of children for the production of pornography and on their impact.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child labour in small-scale mining. In its previous comments, the Committee noted the policies and projects implemented by the Government to eradicate child labour in both the formal and informal mining sector, and requested the Government to continue its efforts in this regard. It also noted that mining activities are considered to be hazardous, and are prohibited for persons under 18 years of age. The Committee observes that the CTC, CUT and CGT refer to situations in which miners, despite awareness of the labour standards in force, allow persons under 18 years of age to work in mines, a fact worsened under the prevailing COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that within the framework of the Somos Tesoro (We Are a Treasure) project, implemented in partnership with the private sector in eight municipalities in the country, assistance was given in the formalization process for mining and provided to families identified as having children or young persons engaged in child labour. As at April 2019, a total of 13,239 children and young persons had participated in the educational component focused on child labour prevention, more than 280 miners had received training and 4,312 families had participated in the livelihood component. As a result of this, the Government indicates that child labour in the mining sector fell from 2.6 per cent in 2014 to 0.5 per cent in 2018. The Committee also takes note of the signing of the inter-administrative agreement between the Ministry of Mining and Energy and the ICBF to encourage action to strengthen and implement policies and guidelines on prevention and eradication of child labour in mining. Within the framework of this agreement, in 2017, care was provided to 210 children and young persons at risk of or engaged in child labour, and training on comprehensive protection for children and young persons was given to 531 public servants in the National System for Family Protection and to 49 mine owners. The Committee welcomes the measures adopted to provide care to children engaged in the worst forms of child labour in the mining sector and requests the Government to continue providing information in this regard, including information on the number of children and young persons who have been removed, rehabilitated and socially integrated.

Clauses (a) and (d). Prevent the engagement of children in the worst forms of child labour. Children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted that the Government had undertaken interventions to eradicate child labour in territories inhabited by ethnic minorities, in application of the standards provided in the Indigenous and Tribal Peoples Convention, 1989 (No. 169). At the same time, the Committee notes the high school d0rop-out rate among indigenous, Afro-Colombian and rural children. The Committee notes the Government’s indication in its report that the formulation of an ethnic chapter of the Public Policy Framework for the Prevention of Commercial Sexual Exploitation of Children and Young Persons is being coordinated with the Standing Round Table for Concertation of the Indigenous Peoples. It also notes that the ICBF has undertaken an initiative to accompany young persons from the indigenous, Afro-Colombian, Black, Raizal, Palenquero and Rom communities in formulating life-projects with a differential approach to ethnic rights. The Committee notes that the CTC, CUT and CGT indicate that there are significant numbers of indigenous children working exhausting days exposed to cold, rain and infection. The Committee again requests the Government to provide information on the results of the measures adopted to remove and rehabilitate children belonging to indigenous and ethnic minorities from the worst forms of child labour, including through measures adopted to facilitate their access to, and maintenance in, basic education. It also requests the Government to provide updated statistical information on the school attendance rates of children belonging to indigenous and ethnic minorities.

Article 8. International cooperation. The Committee notes the Government’s indication that it has signed a cooperation agreement with the United Nations Office on Drugs and Crime (UNODC) with the objective of coordinating efforts to build the capacities of children, parents, caregivers and communities to promote and guarantee the rights of the child. Under the cooperation agreement, developing action specifically to prevent the trafficking of children in the context of migration flows is envisaged. The Committee also notes that, as part of the Latin America and the Caribbean Free of Child Labour Regional Initiative, the Government has institutionalized the Risk of Child Labour Identification Model in order to identify the territories at higher risk of child labour, taking into account such criteria as armed conflict, economic production sectors, poverty figures and unemployment rates. The Committee requests the Government to provide information on the results obtained from implementation of the agreement signed with UNODC to prevent the trafficking of migrant children. The Committee also requests the Government to continue providing information on the measures adopted in the context of the Regional Initiative, and on the results obtained through the Risk of Child Labour Identification Model.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Employers Association of Colombia (ANDI) received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT), and the General Confederation of Labour (CGT) received on 1 September 2021.

Articles 3(a), 7(1) and (2) of the Convention. Worst forms of child labour, penalties and effective and time-bound measures. Clause (b). Direct assistance for the removal and rehabilitation of victims. 1. Sale and trafficking of children. In reply to its request that measures continue to be taken to protect children and young persons from sale and trafficking, the Committee notes the adoption of Decree 1818 of 2020 establishing the National Strategy against Trafficking in Persons 2020–2024. It duly notes that the Strategy places coordination and cooperation between the competent authorities at the centre of strategic action for the purpose of ensuring comprehensive care for child and young victims of trafficking, including access to health, education and legal services, and regularization of migratory status, taking account of their particular conditions and the purpose of the exploitation to which they have been subjected. The Committee also notes that the Government indicates that since 2016 the Colombian Family Protection Institute (ICBF) has kept a registry of trafficking cases, disaggregated by purpose of exploitation. During the period from July 2017 to May 2021, a total of 67 children and young persons began the Administrative Process for the Restitution of Rights on the grounds of trafficking (61 for sexual exploitation and 6 for labour exploitation). The Committee further notes, from their observations, that the CTC, CUT and CGT refer to a case where six children were removed from begging in Bucaramanga and 145 others in Bogotá, a practice which according to these organizations also occurs frequently in other regions of the country. The Committee also notes that the Government reports that a number of cases of trafficking of children and young persons for sexual and labour exploitation were identified between January 2017 and May 2021. The Committee requests the Government, in following up the identifications mentioned above, to take the necessary measures to identify, prosecute and punish the perpetrators of trafficking of children for purposes of sexual or labour exploitation and report thereon. It also requests the Government to provide information on the results obtained within the framework of the National Strategy against Trafficking of Persons 2020-2024 in providing direct and adequate assistance to the child victims of trafficking in persons and in ensuring their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. In reply to the request for information on the investigations conducted and on the penal sanctions imposed regarding the forced recruitment of children and young persons, for the most part by illegal armed groups, the Committee notes that in August 2021, the Special Jurisdiction for Peace Chamber for the Recognition of Truth, Responsibility, and Determination of Fact and Conduct issued Order No. 159 under Case No. 07 “Recruitment and use of boys and girls in armed conflict”, which set a provisional total of 18,677 child victims of recruitment and use by the FARC-EP. In its Order, the Chamber decided that it would prioritize investigation of recruitment occurring between 1 January 1996 and 1 December 2016, and that it would investigate the different impact of the recruitment and use of children belonging to ethnic groups. The Committee notes, from its 2020 concluding observations for Colombia, that the United Nations Committee on the Elimination of Racial Discrimination refers to the continuing recruitment of indigenous children and children of African descent by non-State armed groups (CERD/C/COL/CO/17-19, paragraph 12).

Furthermore, the Committee notes the information provided by the Government on the implementation of the specialized care programme on restoring rights for child and young victims of illicit recruitment by armed groups, which comprises three phases: identification, analysis and reception; intervention and outreach to reinforce the process of guaranteeing rights; and preparation for leaving the programme. The Committee duly notes that between 2017 and 2021 a total of 2,093 child and young victims were detached from the illegal armed groups. The Committee welcomes the approach taken to ensure the effectiveness of programmes providing care for demobilized young persons, involving coordination between the ICBF, the National System for Family Protection, the Public Prosecutor’s Office, the Operational Committee for Disarmament, the National Unit for Care and Overall Reparation for Victims and the Agency for Reintegration and Normalization. The Committee notes that the ANDI recognizes progress made in assistance, care and restitution of rights for children and young victims of illicit recruitment. The Committee requests the Government to provide information on the investigations, prosecutions and convictions imposed on those responsible for the recruitment and use of persons under 18 years of age in the armed conflict. The Committee also requests the Government to continue taking measures to ensure comprehensive care for child victims of forced recruitment by armed groups and to prepare them for their social reintegration, and to continue providing information on the number of victims that have benefited from the specialized care programme for their social reintegration.

Article 3(b) and 7(1). Use, procuring or offering of a child for prostitution and penalties. The Committee takes due note that the Government, in its reply to a request for information on the development of a policy to combat the commercial sexual exploitation of children and young persons, provides information on the adoption of the Public Policy Framework for the Prevention of Commercial Sexual Exploitation of Children and Young Persons, structured around three pillars: (i) Promotion of rights, prevention, participation and social mobilization; (ii) care and restitution of rights; and (iii) prosecution, surveillance and control of sexual exploiters. It notes the detailed information provided by the Government on action undertaken under this policy from 2018 to 2021, which includes awareness-raising activities for public servants, private entities, workers in the transport and tourism sectors, teachers, students and civil society organizations. The Government indicates that the Ministry of Labour collaborated with the Ministry of Trade, Industry and Tourism in drawing up plans for different municipalities aimed at reducing the risks to which children and young persons are exposed from tourists. The Committee also notes that the ANDI highlights the action coordinated with the National System for Family Protection to ensure that the prevention and eradication of commercial sexual exploitation of children and young persons is included in departmental and municipal development plans. For their part, the CTC, CUT and CGT reiterate their concern at the high number of victims of commercial sexual exploitation reported in 2018 (a total of 1,399 cases recorded by the Public Prosecutor’s Office and the Police), and emphasize the need to have updated information on the state of the related investigations and legal proceedings. The Committee hopes that the implementation of the policy framework will contribute to the combat against commercial sexual exploitation of children and young persons and requests to provide information on the results obtained in this regard. The Committee also requests the Government to provide information on the number of investigations and legal proceedings instituted in relation to the commercial sexual exploitation of children and on the penal sanctions imposed on its perpetrators.

Articles 3(d) and 4(1). Determination of the types of hazardous work. Child domestic work. In response to its request that measures be taken to protect children engaged in domestic work from hazardous types of work, the Committee notes that the Government refers to the adoption of Resolution No. 1796 of 2018 updating the list of hazardous work prohibited for persons under 18 years of age. It notes with satisfaction that the list includes domestic work at home of more than 15 hours a week as hazardous, as well as domestic work in third party houses. The Government indicates that it envisages updating the list to ensure effective protection of working minors in view of the new reality brought about by the COVID-19 pandemic. The Committee invites the Government to continue providing information on revisions, undertaken following prior consultation of the employers and workers organizations concerned, to the list of work considered hazardous for persons under 18 years of age.

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

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

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 24 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.

Articles 3(d) and 4(1) of the Convention. Hazardous work. Child domestic work. The Committee previously noted Resolution No. 0430 of February 2014 establishing an internal working group specializing in the eradication of child labour.

The Committee notes the indications by the CTC and the CUT that the list of hazardous types of work is too general and should determine more clearly the types of work considered to be hazardous and which are therefore prohibited for persons under 18 years of age. In reply, the Government indicates in its report that Resolution No. 3597 of 2013, which establishes the list of hazardous types of work, is currently under revision. The Committee notes that the Government has not provided information on the measures taken to protect children engaged in domestic work. However, it notes that, in its concluding observations of March 2015, the Committee on the Rights of the Child expressed deep concern at the high prevalence of domestic violence and abuse, particularly affecting girls, including those involved in domestic work (CRC/C/COL/CO/4-5, paragraph 27). The Committee requests the Government to take effective measures to protect children engaged in domestic work from hazardous types of work, including through the action of the internal working group. The Committee requests the Government to keep it informed of the adoption of the new list of hazardous types of work and to provide a copy of the list once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child labour in small-scale mining. In its previous comments, the Committee noted the observations of the CUT and the General Confederation of Labour (CGT) reporting the continued existence of practices of exploitation and sexual abuse of children working in the mining sector.

The Government referred to the national mining policy implemented by the Ministry of Mines, which aims to eradicate child labour in the mining sector by 2019, and indicated that the Colombian Family Protection Institute (ICBF) had adopted several measures concerning children working in the mining sector throughout the country. The Committee also noted the collaboration project entitled Somos Tesoro (We Are a Treasure), 2013–17, implemented jointly by the United States Department of Labor (DOL) and the Ministry of Labour, Mines and Energy, which aims to reduce child labour in mining and to establish public policies to combat this practice in the formal and informal mining sectors, particularly through capacity building for labour inspectors.

The Committee notes the Government’s indication that the DOL has financed technical assistance for the Somos Tesoro project, which has been implemented by four non-governmental bodies: Pact Inc, Fundación Alianza por una Minería Responsable, Fundación Mi Sangre and Fondo Accíón para el Medio Ambiente y la Niñez. It also notes that the Administrative Department for Social Prosperity (DPS) and the ICBF have collaborated in the implementation of a pilot project within the context of the programme Más Familias en Acción (More Families in Action), the objective of which is to prevent and reduce child labour in the small scale mining sector. The Government indicates that 210 families in the departments of Chocó, Antioquía and Bolivar have received direct assistance through the project. The Committee also notes the Government’s indication that the Protection Department has concluded an inter-administrative agreement with the Ministry of Mines and Energy, with the objective of the provision of technical and administrative resources, as well as personnel, to reinforce action for the prevention and eradication of child labour in mines. Finally, the Government indicates that the ICBF has actively sought out children working in mines with a view to helping in their reintegration. The Committee requests the Government to continue its efforts to combat child labour in the mining sector. Noting the absence of information provided on this subject, it requests the Government to provide information on the number of children removed from work in mines, rehabilitated and socially integrated through the Somos Tesoro project and the Más Familias en Acción programme.

Clause (d). Identifying and reaching out to children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in law, children of ethnic minorities are victims of social exclusion and racial discrimination. The Government indicated that the National Strategy to Prevent and Eliminate the Worst Forms of Child Labour and Protect Young Persons (ENETI 2008–15) was being modified to take into account the results of a study carried out in 2013 and a draft protection plan developed on the labour market for Afro-Colombian, indigenous and native islander communities (raizales).

The Committee notes the indication by the IOE and ANDI that the ENETI 2008–15 has been guided by the Inter-Institutional Commission to Prevent and Eradicate the Worst Forms of Child Labour (CIETI), which includes the participation of workers’ and employers’ representatives.

The Government refers to the Mobile Equipment and Comprehensive Protection – Child Labour (EMPI) strategy and reports that the EMPI makes it possible to reach out to the various territories of the country, focusing on the zones most affected by child labour. The Government adds that in regions where ethnic minorities are the most numerous, EMPI teams are developing intervention programmes in collaboration with the population, taking into account their historical and socio-cultural characteristics. The Committee notes that EMPI professionals are engaged in the prevention and eradication of child labour, with particular attention on children of ethnic minorities, in accordance with the guidance set out in the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in consultation and cooperation with indigenous peoples with a view to taking measures to protect indigenous children against child labour. However, the Committee notes that, in its concluding observations of March 2015, the Committee on the Rights of the Child remains concerned at the low level of education, the significant differences in education coverage for indigenous, Afro-Colombian, displaced and rural children, and the high drop-out rates (CRC/C/COL/CO/4-5, paragraph 51). The Committee requests the Government to provide information on the results achieved in the framework of the EMPI strategy. It also requests the Government to provide statistical information on the number of children belonging to ethnic minorities and other vulnerable groups who have been removed from the worst forms of child labour within the context of the strategy. To the extent possible this data should be disaggregated by age and by gender.

Article 8. International cooperation. The Committee notes that Colombia is part of the Latin America and the Caribbean Free of Child Labour Regional Initiative, which has the mandate to reinforce inter-governmental cooperation to combat child labour through intra- and inter-sectoral prevention and institutional coordination. The Committee requests the Government to provide information on the measures taken for the implementation of the Regional Initiative.

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

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 Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017, as well as those of the General Confederation of Labour (CGT), received on 31 August 2017.

Article 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the measures adopted by the country to combat the trafficking of children, but expressed concern at the increase in the already high number of children who are victims of sexual exploitation and trafficking and at the unequal enforcement of the law. It noted the observations of the CUT, CTC and CGT according to which the trafficking of children, including for the purposes of commercial sexual exploitation and sex tourism, remained very predominant in the country. The Committee noted the various measures taken by the Inter-Institutional Committee to Combat Human Trafficking in the fields of prevention, assistance and protection, international cooperation, investigation and penalties. The Government described the initiatives taken by the Ministry of Labour, the Ministry of Education, the Ministry of National Defence and the Ministry of International Relations to combat this practice. However, it noted that most of the national efforts described in the Government’s report were related to trafficking in persons in general, and did not seem to include specific measures for the protection and removal of children of such situations. The Committee also noted that Colombia was, in South America, the country of origin of the largest number of victims of trafficking, and particularly children.

The Committee notes the indications of the CTC and the CUT that 7.1 per cent of persons working as prostitutes started to exercise this activity before the age of 15 years, and that 17.4 per cent of them started between the ages of 15 and 17 years. The Committee also notes the indication of the CGT that the measures taken and the laws adopted by the Government have not been effective, as a significant number of children continue to be the victims of sexual exploitation.

The Committee notes the Government’s indication in its report that the Colombian Family Protection Institute (ICBF) has adopted numerous measures to restore the rights of children and young persons who are victims of commercial sexual exploitation. Among the measures taken, the ICBF has collaborated with the Ministry of Labour, the tourist police and other state bodies for the implementation of the National Strategy to Prevent the Sexual Exploitation of Children and Young Persons in the context of tourism, the objective of which is to raise awareness of the various actors in the tourism sector to prevent the crime of commercial sexual exploitation of children and young persons. The ICBF has also prepared and published a document entitled “Analysis for the development of a public policy to combat the commercial sexual exploitation of children and young persons in Colombia – 2015”, with the aim of undertaking an analysis of the situation which is as close as possible to reality. The Government indicates that this analysis will help to identify the causes of the commercial sexual exploitation of children and to develop measures for its prevention. The Government adds that the ICBF has developed a strategy for cases to be followed up by the Anti-Trafficking Operational Centre (COAT) and that a matrix has been developed to ensure traceability and follow up to each case of trafficking, including cases of the sexual exploitation of children. The Committee further notes the establishment of a hotline for the prevention and surveillance of sexual violence. The Government reports that, through this hotline, 175 reports were received of cases of commercial sexual exploitation and 23 reports of trafficking for sexual exploitation in 2015. The Committee also notes that ten working sessions were held in 2016 with, among other participants, the ILO and UNICEF, to develop a public policy for the prevention and eradication of commercial sexual exploitation of children and young persons. The Committee further notes the adoption of Decree No. 87 of 2017 regulating the operation of the Fund to Combat the Sexual Exploitation of Children and Young Persons under the responsibility of the ICBF. Finally, the Government indicates that the process of development of a public policy to prevent and eradicate the commercial sexual exploitation of children and young persons (ESCNNA) advanced significantly at the end of 2016 and the beginning of 2017. The Committee notes the efforts made by the Government and requests it to continue taking measures to protect young persons under 18 years of age against commercial sexual exploitation and trafficking for this purpose. It also requests the Government to provide information on the results achieved further to the programme “Analysis for the development of public policy to combat the commercial sexual exploitation of children and young persons in Colombia – 2015”. The Committee further requests the Government to indicate the progress achieved in the development of the ESCNNA and to provide detailed information on its content once the public policy has been adopted.

Articles 3(a) and 7(1). Forced recruitment of children for use in armed conflict. Penal sanctions. In its previous comments, the Committee expressed deep concern that, despite the prohibition by the national legislation of the forced or compulsory recruitment of children for use in armed conflict and the measures taken by the Government to combat this practice, children were still being forced to join illegal armed groups. It noted the observations of the CTC and the CUT concerning the lack of dissuasive penalties that could be imposed on the perpetrators of such crimes and the lack of training of those responsible for law enforcement. It noted the many cases of recruitment of children by the Revolutionary Armed Forces of Colombia – People’s Army (FARC–EP) and the National Liberation Army (ELN). The Committee also noted the creation of the Inter-Sectoral Commission for the Prevention of the Recruitment and Use of Children by Armed Groups (Inter-Sectoral Commission) to prevent armed groups from recruiting and using children and committing acts of sexual violence against them. The International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI) also indicated that the ICBF had provided assistance for 5,000 child victims who had escaped from armed groups.

The Committee also previously noted the Government’s information that 2,641 investigations concerning illegal recruitment of children had been carried out in 2013, of which 1,849 remained in course. The Government indicated that between 2013 and 2014, the Office of the Attorney General received 189 reports concerning cases of recruitment and use of children in armed conflict and sexual violence. With regard to the measures taken to improve investigations and convictions of those responsible for these crimes, the Government indicated that the “technical secretary” of the Inter-Sectoral Commission had made the sentencing of cases of illegal recruitment of children automatic, at the national level. In May 2014, the “technical secretary” imposed penalties in 54 cases of illegal recruitment of children, including five cases involving 511 victims.

The Committee notes with interest the final agreement to bring an end to the conflict in Colombia and to build a stable and lasting peace (Final Peace Agreement) concluded on 24 November 2016 between the Government and the FARC–EP, and approved by the Senate and the Chamber of Representatives on 29 and 30 November 2016. However, it notes that the Government’s report does not contain information on the investigations conducted and the penalties imposed against persons who have recruited or used children under 18 years of age in armed conflict. While welcoming the Final Peace Agreement concluded by the Government and the FARC–EP, the Committee requests the Government to provide information on the investigations conducted and the penal sanctions imposed against the perpetrators of such crimes, as well as the imposition of sufficiently effective and dissuasive penalties against any person found guilty of recruiting or using children under 18 years of age for armed conflict.

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 comments concerning the measures taken by the ICBF for the protection of children and young persons demobilized from illegal armed groups, which comprise four distinct phases: identification and diagnosis; treatment; consolidation; and monitoring and follow up. The Committee also noted the integrated model of psycho-social assistance developed by the ICBF in response to the needs of children, according to their age, gender, ethnic origin and the nature of the crime committed against them, in which 800 professionals are participating. The Committee also noted that the number of children demobilized from armed groups increased from 195 in 2012 to 332 in 2014.

The Committee notes the indications of the CUT and the CTC that the ICBF is playing an important role, but is not receiving the necessary resources from the Ministry of Labour to carry out its mission. The Committee notes the CGT’s indication that the use of children by armed forces continues to be a problem in Colombia, despite the peace agreement. The CGT adds that, even though the figures provided by the Government show that the number of children used in armed conflict has fallen (72 children used in 2017, compared with 203 in 2016), these statistics are too general and should include the number of children who have been demobilized and be disaggregated by gender and age. The Committee notes the Government’s indication that Decree No. 891 of 28 May 2017 adds a transitional paragraph to section 190 of Act No. 1448 of 2011 on the process, for which the ICBF is responsible, of restoring the rights of children and young persons who have been demobilized following the Final Peace Agreement. It notes with interest that the transitional paragraph adds the possibility for children and young persons to remain in the transitional shelters envisaged for this purpose, until their age is verified by the ICBF. Section 190 of Act No. 1448 of 2011 provides that all child victims of forced or compulsory recruitment can claim compensation for the damages suffered and that the ICBF is responsible for ensuring the restitution of their rights. The Government adds that the ICBF and the enterprise Akubadabra Jurist Community have concluded the association agreement No. 1557 of 2016 for the implementation of a programme of harmonious recovery to ensure the proper return and guarantee the rights of demilitarized children and young persons. In the framework of this association agreement, the Government focused its action on the villages of Awá, Nasa, Wounnan and Emberá for the organization of consultation meetings, community workshops and intercultural meetings with a view to the reintegration of child victims of forced recruitment. Moreover, the National Council for Reintegration (CNR), established by Decree No. 2027 of 2016, plays the role, among others, of adopting special measures to care for and protect demobilized children and young persons and to follow up the programme of reintegration into civilian life. Finally, the Government indicates that point 1.3.3.5 of the Final Peace Agreement provides for the organization of awareness-raising campaigns for the eradication of child labour and the adoption of immediate measures to combat the worst forms of child labour. The Committee requests the Government to continue adopting and implementing effective and time-bound measures for the removal and rehabilitation of child victims of unlawful recruitment. Noting the absence of information on this subject, the Committee once again requests the Government to provide information on the number of children under 18 years of age who have been rehabilitated and integrated into their communities as a result of these measures.

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

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

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) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the measures taken by the country to combat the trafficking of children but expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking and at the unequal enforcement of the law.

The Committee notes the observations of the CUT, the CTC and the CGT, which allege that the trafficking of children, including for the purposes of commercial sexual exploitation and sexual tourism, remains prevalent in the country. The Committee also takes note of the observations of the IOE and ANDI, which refer to the integral national strategy to combat human trafficking 2007–12 as well as to the Inter-Institutional Committee to Combat Human Trafficking. The IOE and ANDI also highlight the measures undertaken by the Ministry of Labour to strengthen the capacity of labour inspectors with respect to labour migration, the socio-labour rights of working migrants, human trafficking and labour exploitation.

The Committee notes the Government’s detailed information concerning the various measures which have been taken by the Inter-Institutional Committee to Combat Human Trafficking concerning human trafficking prevention, assistance and protection, international cooperation, investigation and sanctioning. The Government also describes the initiatives undertaken by the Ministry of Labour, the Ministry of Education, the Ministry of National Defence and the Ministry of International Relations to prevent human trafficking. In addition, with respect to trafficking for the purpose of the sexual exploitation of minors, the Committee notes that a national police campaign was carried out that involved 167,650 persons and enterprises in the tourist industry, and that a National Strategy was elaborated for the prevention and eradication of the commercial sexual exploitation of children.

The Committee appreciates the Government’s continued measures to combat human trafficking and notes the Government’s information that, in 2013, the national police dismantled seven transnational criminal networks and one domestic human trafficking network and penalized 28 persons for human trafficking. The Committee notes, however, that most of the national efforts described in the Government’s report concern human trafficking, generally, and do not seem to contain specific provisions for the protection and removal of children. Moreover, the Committee notes the report from the International Organization for Migration (IOM) entitled “Migratory Panorama of South America 2012”, which indicates that Colombia remains one of the largest countries of origin in South America for human trafficking, including children. Recalling the unique vulnerability of children in these cases, the Committee requests the Government to continue to take measures to protect young persons under 18 years of age from commercial sexual exploitation and trafficking for that purpose.

Articles 3(d) and 4(1). Hazardous work. Child domestic labour. Further to its previous comment, the Committee notes with interest that the Government ratified the Domestic Workers Convention, 2011 (No. 189) in May 2014. The Committee also notes the Government’s reference to Resolution No. 0430 of February 2014, which establishes an internal working group specializing in the eradication of child labour. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect child domestic workers from hazardous work, including within the framework of the internal working group, and to provide information concerning the number of child domestic workers who have been removed from hazardous working conditions as a result of these measures.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child labour in small-scale mining. Further to its previous comment, the Committee notes the observations of the CUT and the CGT which allege that children in the mining sector remain victims of exploitation and sexual abuse.

The Committee notes the Government’s information concerning the national mining policy under the Ministry of Mines, which aims to eradicate child labour in the mining sector by 2019. The Government also indicates that the Colombian Institute of Familiar Well-Being (ICBF) has taken several measures concerning children in the mining sector throughout the country. Finally, the Committee notes the Government’s reference to the collaborative project “We are Treasure” (Proyecto Somos Tesoro), 2013–17, with the US Department of Labor and the Ministry of Labour, Mines and Energy, which aims to reduce child labour in the mining industry and to generate public policies to combat child labour in the formal and informal mining sectors by, among others, enhancing the capacity of labour inspectors. The Committee requests the Government to continue to strengthen its efforts to combat chid labour in the mining sector and to provide information on the number of children removed from work in mines, rehabilitated and socially integrated pursuant to the Proyecto Somos Tesoro.

Clause (d). Identifying and reaching out to children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. The Committee notes, in this respect, the Government’s indication that the National Strategy to prevent and eradicate the worst forms of child labour (ENETI 2008–15) is being modified to reflect the results of a 2013 study and proposed protection plan concerning the labour market for afro-Colombian, indigenous and native islanders (raizales). The Committee requests the Government to provide information on the results of the ENETI 2008–15 modifications, including statistical information concerning the number of children of ethnic minorities who have been removed from the worst forms of child labour under the strategy.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report. It also notes the comments of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 30 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that section 188-A of the Penal Code, as amended by Act No. 985 of 2005, punishes trafficking of persons for the purposes of sexual and economic exploitation. It further noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of February 2007 (CEDAW/C/COL/CO/6, paragraphs 20 and 21), expressed concern at the scale of the problem of the trafficking of women and girls in the country, including for sex tourism or economic exploitation. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while welcoming the measures taken by the country to combat the trafficking of children, expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking and at the unequal enforcement of the law.

The Committee notes that the Government’s report contains no information on this point. However, it notes that, according to the 2009 Report on Trafficking in Persons in Colombia, available at the Office of the High Commissioner for Refugees website (www.unhcr.org), the Government of Colombia increased law enforcement efforts against trafficking offenders during the reporting period. In 2008, Colombian authorities initiated 159 anti-trafficking investigations, 20 prosecutions, and achieved 16 convictions, sentencing trafficking offenders to periods of imprisonment ranging from four-and-a-half years to 14 years. Such results compare to 182 investigations, 44 prosecutions, and six convictions reported for 2007. The Committee requests the Government to pursue its efforts to ensure the protection of young persons under 18 years of age against sale and trafficking for sexual and economic exploitation. In this regard, it requests the Government to continue to supply information on the practical application of section 188–A of the Penal Code, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Penal Code, as amended by Act No. 1236 of 23 July 2008, punishes various offences related to prostitution, including when minors are involved (sections 213, 214 and 217). It further noted that, according to the information contained in two ILO–IPEC studies published in 2006 and 2007, namely “Commercial sexual exploitation of boys, girls and young persons in Colombia” and “The demand side of the commercial sexual exploitation of adolescents: Qualitative study in South America (Chile, Colombia, Paraguay and Peru)”, respectively, young persons under 18 years of age – both girls and boys – are victims of commercial sexual exploitation and using them for prostitution is the most common form of sexual exploitation in the country. The Committee also noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), the CRC expressed concern at the high and rising number of children who are the victims of sexual exploitation and at the statement that these children risk being regarded as criminals. It requested the Government to adopt immediate and effective measures to ensure that sections 213, 214 and 217 of the Penal Code, which prohibit the use, procuring or offering of a child for prostitution, are applied in an effective manner in practice.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), section 213A of the Penal Code, as amended by Act No. 1329 of 2009, prohibits procuring children under 18 years for commercial sexual exploitation. Moreover, the Committee notes with interest that section 217A of the Penal Code, as amended by Act No. 1329 of 2009, punishes the client who requests the sexual services of a child under 18 years in exchange for money. The Committee further notes that, according to the same source, four cases were reported in 2009 on procuring children under 18 years for commercial sexual exploitation; one case regarding requesting the paid sexual services of children under 18 years; and 23 cases concerning the incitement of children under 18 years to prostitution. Twelve convictions were reported in 2009 for procuring children under 18 years for commercial sexual exploitation; one for requesting the paid sexual services of children under 18 years; and 19 for inciting the prostitution of children under 18 years. Some 587 denunciations regarding the commercial sexual exploitation of children (including prostitution, pornography and sexual tourism) were received in 2009 by the Colombian Family Welfare Institute (ICBF) and transmitted to the Attorney-General’s Office. Finally, the police carried out investigations in gaming and Internet rooms, movie theatres, public establishments and airports and arrested 34 people in 2008 and 49 people in 2009 who committed crimes regarding the commercial sexual exploitation of children. The Committee requests the Government to continue to supply information on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed regarding the violation of the provisions prohibiting using, procuring or offering of children for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 382 of the Penal Code prohibits the production and trafficking of drugs and section 384 of the Penal Code provides that using a child to commit a crime covered by section 382 constitutes an aggravating circumstance. The Committee observed that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 88), noted with deep concern that drugs manufactured in Colombia and exported from the country have a harmful impact on children engaged in the picking of coca leaves (raspachines) and also those forced or lured into trafficking drugs, including within their bodies (“mules”). Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to take the necessary steps to ensure the enforcement in practice of sections 382 and 384 of the Penal Code, which prohibit and penalize the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, and to supply information in this regard.

Articles 3(d) and 4(1). Hazardous work. Child domestic labour. The Committee previously noted with interest the adoption of resolution No. 1677 of 20 May 2008, which identifies the worst forms of child labour, including the types of hazardous work that are prohibited for all children under 18 years. The Committee noted in particular that section 2(10)(2) of the resolution prohibits the employment of children at the homes of third parties, in domestic service or in cleaning, washing or ironing. The Committee further noted that, according to the statistics for 2004 contained in the reports on the ILO–IPEC project on child domestic labour and the commercial sexual exploitation of children, more than 60,000 children were engaged in domestic labour in the country, most of them girls. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to take steps to ensure that any persons who use young persons under 18 years of age for domestic labour and employ them in hazardous work are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It requests the Government to supply information in this regard.

Article 6. Programmes of action. The Committee previously noted the drawing up of the “National strategy for preventing and eliminating the worst forms of child labour and protecting young workers 2008–15” (national strategy against the worst forms of child labour), which is aimed at drastically reducing child labour between 2008 and 2015. It noted that the national strategy against the worst forms of child labour envisages the adoption of programmes and projects for the prevention and elimination of the worst forms of child labour, which are aimed at child victims of sexual exploitation or children engaged in prohibited work in small-scale mining, commercial agriculture or street trading.

The Committee notes the Government’s information that as a result of the national strategy against the worst forms of child labour, 22,572 children and adolescents were prevented from being engaged in the worst forms of child labour and provided assistance. It also notes the Government’s information that the tripartite Committee for Eradicating Child Labour was established for implementing the national strategy against the worst forms of child labour. The Committee requests the Government to continue to provide information on the implementation of the national strategy against the worst forms of child labour, and results achieved in terms of the number of children prevented from, or withdrawn from, the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 76 and 77), noted that free education for nine years in school is a constitutional right. However, school fees are imposed on parents who can afford to pay and this has lead to a discriminatory educational system, characterized by arbitrary fees and social exclusion. It further noted that, according to data for 2005 from the UNESCO Institute of Statistics, the primary school enrolment rate is 90 per cent for both girls and boys and, at the secondary level, is 64 per cent for girls and 58 per cent for boys. The Committee noted the Government’s information on the measures taken in the field of education. It finally noted that educational measures would be adopted in the context of the implementation of the national strategy against the worst forms of child labour.

The Committee notes the CTC’s and CUT’s comment that the objectives of educational measures adopted in the context of the national strategy against the worst forms of child labour were not achieved due to schools drop-outs, lack of financial resources and lack of adequate teaching staff.

The Committee notes that, according to data for 2007 from the UNESCO Institute of Statistics, the secondary school enrolment rate is 74 per cent for girls and 67 per cent for boys, thus reflecting a rate increase compared with 2005. However, it also notes the Government’s information that out of 30,276 boys who work, 19,585 do not attend school. Out of 20,910 girls who work, 13,131 do not attend school. The Committee expresses its concern at the fact that almost two‑thirds of the boys who work and more than half of the girls who work, do not attend school. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to take the necessary measures, in the framework of the implementation of the national strategy against the worst forms of child labour, to integrate children who work into school. It also requests the Government to provide updated statistics on the secondary school attendance rate and school drop-out rate.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while noting with satisfaction the measures adopted by the country to combat commercial sexual exploitation, expressed concern at the high and rising number of children who are the victims of commercial sexual exploitation. The Committee further noted the adoption of the national action plan for the prevention of the commercial sexual exploitation of boys, girls and young persons under 18 years of age (2006–11) (ESCNNA).

The Committee notes the CTC’s and CUT’s comment that along with a tourism boost, the commercial sexual exploitation of children has increased alarmingly, especially in touristic areas such as the Caribbean.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), 2,294 child victims of commercial sexual exploitation were assisted and rehabilitated in 2009 as a result of the implementation of the ESCNNA. The Committee strongly encourages the Government to pursue its efforts to combat the commercial sexual exploitation of children and requests it to continue to supply information on the number of children removed from commercial sexual exploitation and rehabilitated in the context of ESCNNA.

2. Child labour in small-scale mining. The Committee previously noted the Government’s information on the programmes for the support of families living in remote rural areas. In this regard, it noted in particular that these programmes enabled the ICBF to remove a number of children from small-scale mines. The Committee also noted that in 2008 projects would be implemented in 27 municipalities where child labour exists in small-scale mines.

The Committee notes the Government’s information that, according to data for 2009, 2,137 children and adolescents were removed from work in mines in the departments of Bolívar, César and Boyacá and are being assisted by the ICBF. The Committee requests the Government to continue to provide information on the number of children removed from work in mines and rehabilitated and socially integrated pursuant to the implementation of programmes and projects for the support of families living in remote rural areas and the intervention of the ICBF.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. The Committee previously noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 84 and 85), the CRC noted with concern that the country had a very high number of street children, including more than 10,000 in Bogotá according to official estimates, owing in particular to socio-economic factors and the internal armed conflict. Noting the absence of information on this point and reminding the Government that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to remove children from the streets, rehabilitate and socially integrate them and to provide information on the measures taken in this regard.

2. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), the ICFB works in assisting and rehabilitating vulnerable groups such as Afro-Colombian and indigenous people and displaced people, through projects adapted to these groups. It notes that assistance to children of these groups also includes an educational component. The Committee requests the Government to provide information on the results of the projects aimed at assisting and rehabilitating children belonging to vulnerable groups, such as Afro-Colombian and indigenous people and displaced people, and on the number of children integrated into school pursuant to the adoption of these projects.

3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4(1) of the Convention, the Committee noted in its previous comments that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. Noting the absence of information on this point in the Government’s report, the Committee urges the Government to adopt effective and time-bound measures to protect these children, particularly against economic and sexual exploitation, and requests it to supply information on the measures taken in this regard.

Article 8. Enhanced international cooperation. The Committee previously noted the drawing up of the National Development Plan (2006–10), which aims in particular to reduce poverty and reduce child labour from 7.2 per cent to 5.3 per cent. Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to supply information on the implementation of the National Development
Plan (2006–10) and the results achieved.

Parts IV and V of the report from. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, according to the results of the household-based survey for 2007, 6.9 per cent of children between 5 and 17 years of age work in the country. Data of the household-based survey, read in conjunction with data of the project “Red Juntos para la superación de la pobreza extrema”, show that a total of 51,186 children work.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report. It also notes the comments of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 30 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee observed 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.

The Committee notes the CTC’s and CUT’s comment that one of the reasons why the forced recruitment of children for use in armed conflict continues is that no dissuasive penalties have been inflicted on offenders. Moreover, enforcement agencies lack the necessary training as regards both the human rights of child victims of forced recruitment in armed forces and the protection that should be afforded by the State to children separated from illegal armed groups. The CTC and CUT also underline that dialogue with illegal armed groups to stop recruiting children under 18 years in armed conflict and to demobilize those currently recruited, is lacking.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 28 August 2009 (S/2009/434) (report of the Secretary-General), the Government of Colombia has adopted extensive measures to prevent the recruitment of children (such as developing an “early warning system” for monitoring imminent risks of violations of human rights and creating an inter-sectoral commission for the prevention of recruitment and use of children by illegal armed groups) and reintegrate former child victims of forced recruitment in illegal armed groups into their communities (paragraphs 52–72). Despite these measures, in the reporting period
(January–December 2008) illegal armed groups continued to recruit children for use in armed conflict. For example, in January 2008 a 16-year old child was recruited by the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC–EP) in Tame, department of Arauca; in May 2008, 40 members of the FACR–EP, half of them between 13 and 17 years of age, were seen in the department of Cauca; between February and March 2008, three 15-year-old indigenous girls were recruited by FARC–EP, two in Toribió, department of Cauca and one in the rural area of Pasto, department of Nariño. In August 2008, seven children who had been members of the Ejercito de Liberación Nacional (ELN) surrendered to the army in Cumbal, Nariño. Moreover, the illegal armed groups that emerged after the demobilization of the Autodefensas Unidas de Colombia (AUC) (such as Autodefensas Campesinas Nueva Generación, Aguilas Negras and Ejército Revolucionario Popular Antiterrorista de Colombia) reportedly continued to recruit children. Furthermore, both FARC–EP and ELN continued child recruitment campaigns in schools (paragraphs 15–22). In addition, some members of the armed forces continued to use children for intelligence activities. In February 2008, it was reported that the national police used a
12-year-old boy as an informant; the boy received death treats from FARC–EP and was eventually killed by an unidentified assailant (paragraph 23). It was also reported that, as a result of their forced recruitment for use in armed conflict, children suffered from serious violations by illegal armed groups and some individual members of the state forces, such as murder, injuries, abductions, rapes and other forms of sexual violence (paragraphs 27–51). Cases of children killed by FARC–EP and ELN were reported in the departments of Antioquia, Arauca, Guaviere, Huila, Meta, Nariño, Putumayo and Valle del Cauca. Cases were also reported of children being killed for refusing to join the illegal armed groups (paragraphs 27–29). Moreover, according to the Attorney-General’s Office, as of November 2008, among the 50 cases of extrajudicial executions under investigation, there are 51 child victims. In October 2008, a transitional commission was established to carry out an administrative investigation and to analyse the problem of extrajudicial executions: as a result, the President decided to dismiss 27 national army officers from service (paragraphs 34–35).

The Committee notes that, according to the report of the Secretary-General, estimates of the number of children participating in illegal armed groups range from 8,000 according to the Ministry of Defence, to 11,000 according to non‑governmental sources. As of December 2008, the Special Investigative Unit for Women, Adolescents and Children within the Attorney-General’s Office conducted investigations in 141 cases involving 634 child victims – 485 boys and 149 girls. Three guilty verdicts were handed down as of December 2008. Moreover, within the framework of the Justice and Peace Act No. 975 of 2005 (the law under which the members of demobilized self-defence groups are brought to trial), 2,133 child victims were identified. Out of the 3,284 former members of AUC who currently participate voluntarily in the depositions provided for by the Justice and Peace Act, 23 so far have confessed to the recruitment and use of a total of 654 children within their ranks, and the Attorney‑General’s Office is verifying 366 additional cases. However, less than 400 children were handed over in the collective demobilizations of AUC. According to the report of the Secretary-General, despite those positive advances, impunity for grave violations against children, as well as obtaining consolidated information and following up on convictions and proceedings, remain major challenges in Colombia (paragraphs 59–61).

The Committee observes that, despite the further measures taken by the Government, children are still being forced to join illegal armed groups. It once again expresses its deep concern at the persistence of this practice, especially as its leads to other grave violations of the rights of children, such as murder, sexual violence or abduction. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop 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. With reference to Security Council resolution 1882 of 4 August 2009, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee once again urges the Government to ensure that thorough investigations and robust prosecutions of offenders are undertaken and that sufficient 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. It requests the Government to supply information in this regard.

Article 6. Programmes of action. Inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups. The Committee notes the Government’s information that the inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups was created by Decree No. 4690 of 2007. It is in charge of coordinating the actions of ten governmental institutions, each of which has responsibilities in prevention and recruitment. The Committee notes that, according to the report of the Secretary-General, as a result of the technical support provided by the inter‑sectoral commission in 50 municipalities in 26 departments, 40 municipalities and two departments adopted specific action plans to prevent child recruitment by illegal armed groups (paragraph 65). The Committee requests the Government to provide information on the implementation of the plans of action adopted to prevent the forced recruitment of children for use in armed conflict following the intervention of the inter-sectoral commission for the prevention of recruitment and the 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 previously noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113 to 120), positive efforts were made by the Government in the demobilization of combatants from the AUC. It noted that 3,326 children previously associated with illegal armed groups benefited, through the Colombian Family Welfare Institute (ICBF), from the government initiative to prevent the recruitment of children by armed groups and reintegrate them into their communities.

The Committee notes the CTC’s and CUT’s observation that, notwithstanding the significant efforts of the ICBF to protect children separated from illegal armed groups, the programme should extend its geographical coverage. Moreover, the collaboration of the health, education, justice and labour sectors with the ICBF should be strengthened. Measures and strategies at the national level to adequately reintegrate child victims are lacking, especially as regards programmes aimed at promoting access to education for former child victims thus ensuring that their needs are taken into account and that they stay in schools or have access to vocational training programmes. Psychological assistance to child victims is also lacking.

The Committee notes that, according to the report of the Secretary-General, as of December 2008, the programme launched by ICBF assisted 3,876 children separated from illegal armed groups, of whom 2,146 were separated from FARC–EP, 1,042 from AUC, 538 from ELN and 150 from other groups. Of that number, 73 per cent were boys and 27 per cent were girls. During the reporting period (January–December 2008) the ICBF data indicates that a total of 314 children were separated from FARC–EP, 65 from ELN and 13 from the Ejército Revolucionario Guevarista. In addition, 23 children were separated from other groups, including the Autodefensas Campesinas Nueva Generación, Aguilas Negras and Rastrojos. In August 2008, the Ejército Revolucionario Guevarista handed over seven children to the ICBF. The number of children separated from illegal armed groups was greater in 2008 than in 2006 and 2007
(paragraphs 67–70). The Committee notes that, according to the report of Colombia of 21 October 2009 submitted under article 8 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/COL/1), the model implemented by ICBF for the protection of children and young persons demobilized from illegal armed groups was strengthened between 1 June 2006 and 31 May 2007 and now involves four distinct phases: identification and diagnosis, treatment, consolidation, and monitoring and follow-up. Each of the four phases entails specific action to restore rights through assistance provided through transition homes, specialized care centres, juvenile centres, foster families or family-based support systems. As of 30 June 2008, 516 children were in this programme (paragraphs 258–264). The Committee strongly encourages the Government to continue its efforts to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it 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 points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first and second reports and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child Labour. Clause (a). Sale and trafficking of children. The Committee notes that section 188-A(1) of the Penal Code, as amended by Act No. 985 of 2005, provides for penalties to be imposed on anyone found guilty of procuring, transporting, receiving or accommodating a person, inside or outside national territory, for the purposes of exploitation. Under section 188-A(2), exploitation includes, in particular, obtaining financial gain or any other benefit, for oneself or for another person, by exploiting the prostitution of another person, through forced labour or services, slavery or similar practices, bondage, the exploitation of begging by another person, sex tourism or other forms of exploitation. Under section 188-A(3), consent given by a victim of trafficking cannot be considered as grounds for exoneration from criminal liability.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of February 2007 on the report by Colombia (CEDAW/C/COL/CO/6, paragraphs 20 and 21), expressed concern at the scale of the problem of the trafficking of women and girls in the country, including for sex tourism or economic exploitation. It recommended that the Government intensify its efforts to combat all these forms of trafficking. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 on the third periodic report by Colombia (CRC/C/COL/CO/3, paragraphs 86 and 87), welcomed the measures taken by the country to combat the trafficking of children, in particular the reinforcement of the Penal Code. However, the Committee expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking, the unequal enforcement of the law and the deficiencies in the campaign against trafficking in the country. It recommended the Government, in particular, to adopt the necessary measures and implement them effectively in order to ensure equal enforcement of the law.

Finally, the Committee notes that, according to the information available to the Office on the ILO/IPEC project entitled “Prevention and elimination of child domestic labour and of commercial sexual exploitation of children in Chile, Colombia, Paraguay and Peru”, which ended in December 2007, the trafficking of children under 18 years of age, particularly for sexual exploitation, exists in Colombia. The Committee expresses great concern with regard to the convergence of information confirming the existence of the trafficking of children in the country, which appears to be on a substantial scale. The Committee therefore requests the Government to step up its efforts to ensure the protection of young persons under 18 years of age against the sale and trafficking of children for sexual and economic exploitation. In this regard, it requests the Government to supply information on the practical application of section 188-A of the Penal Code, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes that, under sections 213 and 214 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, which amends certain provisions of the Penal Code relating to offences of sexual abuse (Act No. 1236 of 23 July 2008), anyone who, with the intention of financial gain or to satisfy the desires of another person, incites or obliges a person to engage in prostitution will be penalized. It also notes that section 217 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, lays down penalties for anyone who provides, rents, maintains, manages or finances a house or establishment for sexual acts involving minors.

The Committee notes that, according to the information contained in two ILO/IPEC studies published in 2006 and 2007, namely “Commercial sexual exploitation of boys, girls and young persons in Colombia” and “The demand side of the commercial sexual exploitation of adolescents: Qualitative study in South America (Chile, Colombia, Paraguay and Peru)”, respectively, young persons under 18 years of age – both girls and boys – are the victims of commercial sexual exploitation. Using them for prostitution is the most common form of sexual exploitation in the country. According to these studies, even though the national legislation contains provisions incriminating the use, procuring or offering of a child for prostitution, its application in practice is not effective. The Committee also notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), the CRC expressed concern at the high and rising number of children who are the victims of sexual exploitation and at the statement that these children risk being regarded as criminals. The Committee recommended, in particular, that the Government adopt and implement the necessary measures to ensure the effective enforcement of the law and the avoidance of impunity.

The Committee is concerned at the statement that a large number of children are the victims of commercial sexual exploitation in the country, particularly prostitution, and risk being regarded as criminals. It therefore requests the Government to adopt immediate and effective measures to ensure that sections 213, 214 and 217 of the Penal Code, which prohibit the use, procuring or offering of a child for prostitution, are applied in an effective manner in practice. The Committee requests the Government to supply information in this regard, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims and not as criminals. Finally, the Committee requests the Government to indicate whether their national law contains provisions incriminating the client in cases of prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, under section 382 of the Penal Code, the production and trafficking of drugs or other illicit or psychotropic substances are prohibited and subject to penalties. It also notes that, under section 384 of the Penal Code, using a child to commit a crime covered by section 382 constitutes an aggravating circumstance with regard to the penalty imposed. The Committee points out that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 88), noted with deep concern that drugs manufactured in Colombia and exported from the country have a harmful impact on children engaged in the picking of coca leaves (raspachines) and also those forced or lured into trafficking drugs, including within their bodies (“mules”). The Committee is concerned at the information to the effect that children are being used for picking coca leaves and being forced into trafficking drugs. It therefore requests the Government to take the necessary steps to ensure the enforcement in practice of sections 382 and 384 of the Penal Code, which prohibit and penalize the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, and to supply information in this regard.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Child domestic labour. The Committee notes with interest the adoption of resolution No. 1677 of 20 May 2008 which determines the activities considered as the worst forms of child labour or as hazardous work and the activities whose working conditions are harmful to the health, safety or morals of persons under 18 years of age. It duly notes that this resolution contains a detailed list of the types of hazardous work prohibited to boys, girls and young persons under 18 years of age. It notes in particular that section 2(10.2) of the resolution prohibits the employment of children at the homes of third parties, in domestic service or in cleaning, washing or ironing. The Committee notes that, according to the statistics for 2004 contained in the reports on the ILO/IPEC project on child domestic labour and the commercial sexual exploitation of children, more than 60,000 children are engaged in domestic labour in the country, most of them girls. In view of the statistics which demonstrate the existence of child domestic labour in practice, the Committee requests the Government to take steps to ensure that any persons who use young persons under 18 years of age for domestic labour and employ them in hazardous work are prosecuted and effective and deterrent penalties are imposed on them. It request the Government to supply information in this regard.

Article 6. Programmes of action. The Committee notes the drawing up of the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, involving various government bodies and employers’ and worker’ organizations. It also notes that the National Strategy aims to drastically reduce child labour between 2008 and 2015. National programmes and projects for the prevention and elimination of the worst forms of child labour will be formulated and implemented. Among other things, they will be aimed at boys, girls and young persons who are the victims of sexual exploitation or who are engaged in prohibited work in small-scale mining, commercial agriculture or street trading. The objective will be to remove these children from these worst forms of child labour and provide them with education and their families with social services so that the children concerned do not return to these worst forms of child labour. The Committee requests the Government to supply information on the implementation of national programmes and projects on the prevention and elimination of the worst forms of child labour, specifically those covered by the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, and on the results obtained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 76 and 77), noted that free education for nine years in school is a constitutional right. However, school fees are imposed on parents who can afford to pay and this has lead to a discriminatory educational system, characterized by arbitrary fees and social exclusion. Among other things, the CRC recommended that the Government:

(a)   develop a national education strategy based on the rights of the child;

(b)   increase efforts to eliminate discrimination in access to education by ensuring the actual abolition of enrolment fees and other costs in order to counteract high dropout and low completion rates;

(c)   provide further resources and conduct prior consultations with indigenous communities in order to design and effectively provide them with bilingual and culturally sensitive education;

(d)   effectively monitor discrimination against female students who are expelled on grounds of pregnancy;

(e)   put an immediate stop to the occupation and use of schools by the national armed forces; and

(f)    refrain from involving children in any military activities.

The Committee notes that, according to data for 2005 from the UNESCO Institute of Statistics, the primary-school enrolment rate is 90 per cent for both girls and boys and, at secondary level, 64 per cent for girls and 58 per cent for boys. The Committee notes the detailed information provided by the Government on the measures taken in the field of education. Despite the Government’s efforts, the Committee expresses its concern at the secondary-school attendance rate, which is relatively low. It notes that, in the context of implementing the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, educational measures will be adopted. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the functioning of the education system, particularly by increasing the secondary school attendance rate and reducing the school dropout rate, with particular attention paid to girls. It requests the Government to supply information on the results obtained.

Clause (b). Assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while noting with satisfaction the measures adopted by the country to combat the sexual exploitation and trafficking of children, expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking. The CRC recommended that the Government: (a) undertake further in-depth studies on the sexual exploitation of children in order to assess its scope and root causes and enable effective monitoring and measures to prevent, combat and eliminate it; (b) provide adequate programmes of assistance and reintegration for children who have been the victims of sexual exploitation and trafficking.

The Committee duly notes that, according to the information available to the Office on the ILO/IPEC project on child domestic labour and commercial sexual exploitation of children which ended in December 2007, some 220 children, both girls and boys, were affected by the project in the cities of Bogotá and Medellín. Furthermore, a large number of children have benefited from this project through the provision of services such as nutrition, legal advice or psychological assistance. The Committee also duly notes the adoption of the “National Action Plan for the prevention of the commercial sexual exploitation of boys, girls and young persons under 18 years of age (2006–11) (ESCNNA)”. The Committee strongly encourages the Government to continue its efforts to combat commercial sexual exploitation and requests it to supply information on effective time-bound measures taken, particularly in the context of ESCNNA, to remove children from this worst form of child labour. Moreover, the Committee requests the Government to supply information on planned economic alternatives and also on steps taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

2. Child labour in small-scale mining. The Committee duly notes the information communicated by the Government on the programmes for the support of families living in remote rural areas. In this regard, it notes in particular that these programmes have enabled the Colombian Family Welfare Institute (ICBF) to remove a number of children from small-scale mines. The Committee also notes that, with regard to 2008, projects will be implemented in 27 municipalities where child labour in small-scale mines exists. The Committee requests the Government to supply information on the time-bound measures taken, in the context of projects for families who live in remote rural areas, to remove children from small-scale mines. It also requests the Government to provide information on specific measures taken to ensure the rehabilitation and social integration of any children removed from small-scale mines.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 84 and 85), the CRC noted with concern that the country has a very high number of street children, including more than 10,000 in Bogotá according to official estimates, owing in particular to socio-economic factors and the internal armed conflict. Among other things, the CRC recommended that the Government:

(a)   carry out a comprehensive study to assess the scope, nature and causes of the presence of street children and youth gangs (pandillas) in order to develop a comprehensive prevention strategy;

(b)   provide street children with rehabilitation and social reintegration services, particularly though preventive awareness-raising activities, taking due account of gender aspects, and with decent nutrition and housing, essential medical care and educational opportunities; and

(c)   develop a policy for family reunification where possible and in the best interests of the child.

The Committee expresses concern at the large number of street children and reminds the Government that these children are particularly vulnerable to the worst forms of child labour. It therefore encourages the Government to adopt effective and time-bound measures to protect street children from the worst forms of child labour and requests it to supply information on the measures taken in this regard. The Committee also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of children who have actually been taken off the streets.

2. Children belonging to indigenous and minority groups. The Committee notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 94 and 95), the CRC welcomed the legislative measures taken to recognize ethnic diversity, autonomy and collective land rights of minorities, in particular the Afro-Colombian and indigenous peoples. However, the CRC noted that in practice the above groups face serious challenges and obstacles to the enjoyment of their rights. In particular, the CRC is concerned at the threats against indigenous leaders, the over-representation of ethnic minority children among those displaced, victims of landmines and those recruited by force by illegal armed groups. The Committee notes with concern that, despite positive action measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. Noting that children belonging to indigenous and minority groups, such as the Afro-Colombian people, are often victims of exploitation, which takes on a great variety of forms, and are a group at risk of being involved in the worst forms of child labour, the Committee requests the Government to take the necessary steps to protect these children, particularly by adopting measures to reduce their vulnerability. To this end, it particularly requests the Government to take measures to ensure the effective exercise of the rights of children belonging to indigenous and minority groups, particularly in the area of education.

3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4, paragraph 1, of the Convention, the Committee notes that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. The Committee urges the Government to adopt effective and time-bound measures to protect these children, particularly against economic and sexual exploitation, and requests it to supply information on the measures taken.

Article 8. Enhanced international cooperation. The Committee notes that Colombia is a member of Interpol, an organization which assists cooperation between the countries of different regions, particularly in the fight against child trafficking. It also notes the drawing up of the National Development Plan
(2006–10), which aims in particular to reduce poverty and reduce child labour from 7.2 per cent to 5.3 per cent. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on the implementation of the National Development Plan (2006–10) and the results achieved.

Parts IV and V of the report from. Application of the Convention in practice. The Committee notes the statistics on child labour for 2005 from the National Department of Statistics supplied by the Government in its report. It notes that, according to the statistics, 1,058,810 children between 5 and 17 years of age (709,321 boys and 349,489 girls) are working in the country. The main areas of child labour are agriculture (393,058), trade (338,985), industry (132,842), services (92,030), transport and communications (46,418), construction (27,198), real estate (19,544), mining and quarrying (8,733) and other activities (52). The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 82), expressed concern at the high number of child victims of economic exploitation, who are estimated to exceed 1.5 million and the majority of whom work under dangerous or degrading conditions, particularly in mining or as agricultural labourers in coca plantations. The Committee notes that these data are principally concerned with hazardous work, one of the worst forms of child labour, but do not relate to the other worst forms, such as the sale and trafficking of children or their recruitment for armed conflict, prostitution or illicit activities. The Committee therefore requests the Government to consider the possibility of undertaking a comprehensive evaluation of these worst forms of child labour in order to have an overview of the extent of child labour, and of its worst forms, in the country. It requests the Government to supply information in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. The Committee notes that section 13 of Act No. 418 of 1997, as amended by section 2 of Act No. 548 of 1999, prohibits the enlistment of minors under 18 years of age into the armed forces. However, it notes that no penalties are laid down for violations of this prohibition. It also notes that, under section 14 of Act No. 418 of 1997, anyone who recruits minors under 18 years of age with a view to incorporating them into insurgent or self-defence groups, encourages them or allows them to join these groups or, to that end, provides them with military training, shall be liable to prosecution.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113–120), the Government of Colombia, through the Colombian Family Welfare Institute (ICBF), has made efforts to prevent the recruitment of children and, where applicable, reintegrate them into their communities. However, according to the report, the Colombian Revolutionary Armed Forces (FARC) continue to recruit and use children. Cases have been reported in the departments of Cauca, Antioquia, Sucre, Bolivar, Cundinamarca, Guaviare, Meta and Nariño. In Corinto in the department of Cauca, members of the FARC frequently visit schools to persuade children to join their ranks. Furthermore, the National Liberation Army (ELN) continues to recruit children, even though it is currently in talks with the Government and the National Council for Peace has asked it to cease this practice and immediately release all children from its ranks.

The Committee also notes that, according to the report of the United Nations Secretary-General, children have been used by government armed forces for intelligence purposes despite official government policy to the contrary. On 6 March 2007, the Colombian Ministry of Defence issued Directive No. 30743, prohibiting all members of the armed forces from using children for intelligence activities, especially children recovered from illegal armed groups. However, the Ombudsman’s Office (Defensoría del Pueblo) reported that in Cauca a child demobilized from the FARC was used by the XXIXth Brigade as an informant for the armed forces in a military operation. Children have reportedly been forced by the national army to carry equipment for them. Moreover, armed forces operating in certain regions are said to have children with food in exchange for cleaning and maintaining their weapons. The Ombudsman’s Office continues to report children being held for unauthorized periods in police stations, army battalions or judicial police premises.

The report also refers to violations and abuses committed against children by new organized illegal armed groups. These groups, such as the Aguilas Negras, Manos Negras, Organización Nueva Generación or the Rastrojos, are extensively involved in criminal activities related especially to drug trafficking. In June 2007, the Aguilas Negras were reported to have forced children to join their ranks in Cartagena in the department of Bolivar. The other three groups mentioned above are also reported to have recruited and used children from Valle de Cauca, Bolivar (Cartagena) and Antioquia (Medellín).

Furthermore, the United Nations Secretary-General states in his report that the National Institute for Forensic Medicine certified that in the reporting period 37 children (13 girls and 24 boys) were killed and 34 children (four girls and 30 boys) were allegedly injured by government security forces. According to the Office of the United Nations High Commissioner for Human Rights (OHCHR), nine cases have been filed with the judicial police. Extra-judicial executions by some members of the government security forces have also been reported. Children have also been abducted, killed or injured by illegal armed groups. From October 2006 to May 2007, approximately 43 children were reported to have been held hostage and others killed. Rape and other forms of sexual violence and exploitation by illegal armed groups and some members of the state forces are also said to be continuing.

The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Colombia of June 2006 (CRC/C/COL/CO/3, paragraphs 80 and 81), expressed its deep concern at the grave consequences of the internal armed conflict on children in Colombia, causing them serious physical and mental injury and denying them the enjoyment of their most basic rights. The CRC is concerned at: (a) the large-scale recruitment of children by illegal armed groups for combat purposes and also as sex slaves; (b) the use of children by the army for intelligence purposes; and (c) the general lack of adequate transparency in consideration of aspects relating to children in the negotiations with illegal armed groups, resulting in ongoing impunity for those responsible for the recruitment of child soldiers. In order to improve the situation of children affected by the internal armed conflict, the CRC made various recommendations to the Government, including: (a) never to use children for military intelligence purposes, as this places them at the risk of reprisals from illegal armed groups; and (b) to take due account, in peace negotiations with illegal armed groups, that former child soldiers are victims and that the recruitment of children is a war crime for which these groups are accountable.

The Committee notes that, despite the measures taken by the Government and the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation, children are still being forced to join illegal armed groups or the armed forces. It is deeply concerned at the persistence of this practice, especially as its leads to other violations of the rights of children, such as abduction, murder or sexual violence. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop 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. With reference to Security Council resolution 1612 of 26 July 2005, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to ensure that investigations and prosecutions of offenders are undertaken and that effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests the Government to supply information in this regard.

Article 6. Programmes of action. The Committee notes the drawing up of the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, involving various government bodies and employers’ and workers’ organizations. It also notes that the National Strategy aims to drastically reduce child labour between 2008 and 2015. National programmes and projects for the prevention and elimination of the worst forms of child labour will be formulated and implemented. They will be aimed at all young persons who are the victims of forced recruitment into the illegal armed groups. The objective will be to withdraw these children from this worst form of child labour and remove any risk of their returning to it by providing them with education and their families with social services. The Committee requests the Government to supply information on the implementation of national programmes and projects for the prevention and elimination of the forced recruitment of children into illegal armed groups adopted under the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, and on the results achieved.

Article 7, paragraph 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 notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113 to 120), positive efforts have been made by the Government in the demobilization of combatants from the United Self-Defence Forces of Colombia (AUC). The report also states that 3,326 children previously associated with illegal armed groups have benefited, through the Colombian Family Welfare Institute, from the government initiative to prevent the recruitment of children by armed groups and reintegrate them into their communities.

The Committee also notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 80 and 81), noted with satisfaction that educational kits have been distributed to schools in heavily affected conflict areas by the army, and that certain measures have been taken to improve the reintegration and rehabilitation of demobilized child soldiers. However, the CRC considers that a number of important measures for demobilized and captured child soldiers are still lacking and notes with concern that: (a) captured and demobilized child soldiers are subjected to interrogation and the armed forces do not comply with the 36-hour deadline established by law for handing them over to the civilian authorities; (b) children are used by the army for intelligence purposes; and (c) rehabilitation, social reintegration and compensation available for demobilized child soldiers are inadequate. The CRC made a number of recommendations to the Government, including that it should substantially increase the resources for rehabilitation, social reintegration and reparations available to demobilized child soldiers as well as for child victims of landmines.

The Committee notes that the Government has participated in the ILO–IPEC interregional programme on the prevention of child recruitment and the reintegration of children involved in armed conflict, which ended in 2007. According to the information available to the Office, more than 650 children have been prevented from becoming involved in the conflict and more than 560 have been removed from it. The Committee strongly encourages the Government to continue its efforts and take steps to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government 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 also raising a number of other points in a direct request to the Government.