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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 2 of the Convention. Gender equality policy. The Committee notes the range of information provided by the Government in its 2018 and 2022 reports on the Labour Equality Programme, and in particular: (1) the continuation of the Equipares labour equity label for enterprises and the launching of the SGIG Equipares label for small and medium-sized enterprises (SMEs), the PRIG Equipares Rural label for associations and cooperatives in the rural sector and the Equipares Público label for the public sector; (2) the gender equity at work awareness-raising and training initiatives, including the development of a virtual course covering the legislative framework, awareness-raising on equity and the prevention of labour and sexual harassment; (3) the adoption of the Gender Parity Initiative since 2018, which seeks to increase the participation of women in the labour force and in leadership positions and to reduce the gender wage gap. The Government also indicates that measurers have been adopted to promote the participation of men in housework and of women in occupations traditionally considered to be male (through training in such skills as welding, software, automobile parts, footwear and apparel), and to encourage the formalization of work in the domestic service sector and in manicure. The Committee further notes with interest the information provided by the Government on the adoption of a Public LGTBI Policy by Decree No. 762 of 2018, the formulation of a labour inclusion protocol for LGTBI persons and the preparation of a Bill establishing tax incentives for the recruitment of LGTBI persons. The Committee notes the information provided by the Government on various initiatives for the collection of statistics and the creation of the Colombia Labour Information Source (FILCO) labour statistics platform. The Committee requests the Government to provide:

• (i)updated statistical data on the labour market participation of men and women, including their participation in the various sectors and occupations and the participation of women in work traditionally considered to be male;
• (ii)information on the formalization of the manicure sector; and
• (iii)information on the specific measures adopted under the Public LGTBI Policy for the promotion of equality and non-discrimination against LGTBI persons in employment and occupation.

With regard to pregnant women, the Government refers in its 2018 report to Acts Nos 1822 and 1823 of 2017, which: (1) increased maternity leave from 14 to 18 weeks and extended the possibility for fathers to benefit from maternity leave in the event of the illness of the mother (section 236 of the Substantive Labour Code); (2) established the prohibition of the dismissal of pregnant women workers without the authorization of the Ministry of Labour and established a presumption of unfair dismissal when it is notified during the gestation period or during maternity leave (section 239 of the Substantive Labour Code); and (3) established the requirement to provide nursing rooms (“Family-friendly Nursing Rooms in the Work Environment”) in enterprises with a certain level of capital and with over 50 women employees (and also providing for benefits and tax relief or incentives for enterprises which create “Family-friendly Rooms”, without establishing the legal requirement to do so). The Committee notes this information.

Equality policy in relation to race and colour. The Committee notes the information provided in the Government’s 2018 report on: (i) the Special Educational Credit Fund for Black Communities between 2015 and 2018, emphasizing that there were more women than men and that almost 80 per cent of the persons surveyed indicated that the training received through the Fund contributed to their access to employment and work, thereby improving their living conditions and quality of life; and (2) statistics showing an increase between 2015 and 2018 in the training, guidance and employment services provided to Afro-Colombian and indigenous persons. The Government also provides information in its 2018 and 2022 reports on the action taken in cases of racial discrimination, including: (i) the adoption of Ministry of Labour Internal Circular No. 0066 in 2019 on the action to be taken and the processing of complaints and situations of racial discrimination in the work environment; (2) the preparation of the interinstitutional guide “Channels of action” by the Observatory against Racial Discrimination (OCDR) for Black, Afro-Colombian, Raizal and Palenque communities which suffer racial discrimination; (3) the organization of training days in 2021 and 2022 on racial discrimination and the dissemination of information on complaint procedures for racial harassment at work; and (4) the registration of 15 cases of discrimination at work by the OCDR between 2015 and 2018. The Committee requests the Government to continue providing information on:

(i)the impact of the measures adopted on the labour market participation of Black, Afro-Colombian, indigenous and Raizal persons; and

(ii)the number of cases of discrimination in employment and occupation on the basis of race and colour which have been brought to the attention of the labour inspection services and other competent authorities, as well as the compensation granted and penalties imposed.

The Committee also notes that the Government referred in its 2018 report to a series of challenges and obstacles to access to employment for the population of certain ethnic backgrounds and for indigenous peoples. The Committee refers in this regard to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), particularly in relation to conditions of employment and vocational training.

Policy of equality for persons with disabilities. The Committee notes the information provided by the Government in its 2022 report on the promotion of equality in employment and occupation for persons with disabilities, with particular reference to: (1) the creation of the Disability Inclusion Council by Decree No. 2177 of 2017, with a view to the coordination of awareness-raising activities for enterprises and entities in the private and public sectors, the implementation of the route to employability for persons with disabilities and the reinforcement of entrepreneurship for persons with disabilities and telework for the carers of persons with disabilities; (2) the implementation since 2019 of the Labour Inclusion Strategy for persons with disabilities with the objective of facilitating and progressively increasing their employment in the public and private sectors; (3) the establishment of a minimum quota for the employment of persons with disabilities in the public sector (Decree No. 2011 of 2017); (4) the award of additional points in public tender processes for enterprises which employ persons with disabilities (Decrees Nos 392 of 2018 and 1279 of 2021), and tax benefits for the employment of persons with disabilities; (5) the organization of workshops, forums, events, capacity-building and technical assistance throughout the territory. The Committee also notes the indication by the CUT, CTC and CGT in their observations that discriminatory practices against persons with disabilities persist and that many employers are unaware of the tax incentives available. The workers’ organizations also emphasize the urgent need to develop policies and legislation that not only promotes the access of men and women workers with disabilities to work, but also their retention and progress in employment. The Committee requests the Government to provide information on:

• (i)the measures adopted to publicize the available mechanisms to promote the employment of persons with disabilities and, if available, the number of employers availing themselves of these measures; and
• (ii)the measures intended to promote the retention and career progression of persons with disabilities in employment and occupation.

Specialized body. The Committee notes with interest the information provided by the Government in its 2022 report on the creation of the “Colombia for All” (Colombia es de Todos) Observatory (Decision No. 0338 of 2021) to promote the inclusion and combat any form of discrimination and stigmatization. The Government explains that, among other functions, the Observatory will compile information, identify preventive action, generate knowledge on the implementation of good practices and take the lead in decisions on the formulation of public policy. The Committee welcomes this initiative and requests the Government to provide information on the data compiled and the initiatives adopted by the Observatory to combat discrimination in employment and occupation.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, relating to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee observes that, according to the Government’s indications in its 2018 report, the Strategic Plan for the Prevention of Labour and Sexual Harassment at Work has been developed and implemented, certain elements of which had already been brought to the attention of the Committee, such as the survey of perceptions of sexual harassment, a protocol for action agreed with the Office of the Public Prosecutor and the training of labour inspectors. The Committee also notes the adoption of capacity-building and awareness-raising measures for enterprises and other actors in the world of work, including through the Equipares equality label. In addition, the Committee notes the reference by the Government in its 2022 report to the Gender Equality Recognition Programme (PRIG Equipares Rural) intended for associations and cooperatives in the rural sector, the objectives of which include the promotion of a working environment free from discrimination and violence. However, the Committee regrets to note that section 3 of Act No. 1010 of 2006 on labour harassment, which provides for mitigating circumstances, is still in force. The Committee also observes that: (1) the information provided by the Government on the number of complaints of sexual harassment does not indicate the number of cases of sexual harassment; (2) Act No. 1010 defines ill-treatment at work as a form of workplace abuse which includes any act of violence against sexual freedom, but does not contain a clear and explicit definition of sexual harassment (either quid pro quo or hostile working environment harassment); and (3) in section 210-A of the Penal Code, sexual harassment is described as behaviour through which a person, taking advantage, inter alia, of their position at work, harasses, pursues, bullies or stalks another person for unwanted sexual purposes for the benefit of themselves or another person. The Committee requests the Government to: (i) indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against sexual harassment, including both quid pro quo and a hostile working environment; (ii) if such protection does not exist, to take measures to provide explicitly for specific protection; (iii) report the penalties imposed under the Act and the measures envisaged to ensure that such penalties are effective and dissuasive; and (iv) provide information on the number of cases of work-related sexual harassment examined by the labour inspection services and by administrative and judicial bodies, the penalties imposed and the compensation granted.

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

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

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

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

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

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

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

Article 2 of the Convention. Policy for equality in relation to race, colour and social origin. In its previous comments, the Committee requested the Government to provide specific information on the impact on the eradication of discrimination on grounds of race, colour and social origin of the various measures adopted by the Government in relation to Afro-Colombian and indigenous peoples. The Committee notes that, in their observations, the CUT and the CGT indicate that there are no specific data on discrimination against Afro-Colombian and indigenous peoples, and emphasize the importance of an adequate analysis of this data to ensure that the measures adopted by the Government are appropriate. According to the CUT, Afro-Colombian workers are concentrated in lower skilled work and receive lower wages than other workers. This situation particularly affects Afro-Colombian women. The CGT adds that place of residence is currently a criterion of discrimination on grounds of social origin. The Committee notes the Government’s indications in its report that in October 2012, a national forum was held on Afro-Colombians in the world of work with the participation of various public institutions and Afro-Colombian associations, as well as the discussion group on development with inclusion and labour protection for indigenous communities. In 2013, as a result of a series of meetings held in various departments with indigenous and Afro-Colombian populations, a proposed public policy was prepared for the labour market inclusion of Afro-Colombians, Raizal and indigenous peoples. The Government indicates that the Ministry of Labour carried out a socio-labour survey in the city of Cali, which is the city with the highest Afro-Colombian and indigenous population (24 per cent). The Committee notes that, according to the results of the survey, the activity rate is 53.8 per cent for indigenous workers, 49.8 per cent for Afro-Colombian workers, 53.3 per cent for Mulatto workers, 53.8 per cent for White workers and 52.5 per cent for Mestizo workers. The unemployment rate is 14.3 per cent for indigenous workers, 21.1 per cent for Afro-Colombian workers, 15 per cent for Mulatto workers, 13.7 per cent for White workers and 15.5 per cent for Mestizo workers.

The Government also reports the adoption of Act No. 1482 of 2011 to protect the rights of individuals, groups, communities or peoples against racism and discrimination, and the establishment by Decision No. 1154 of 2012 of the Discrimination and Racism Observatory. A special allocation of educational credits has also been made for Afro-Colombian and indigenous communities to ensure the access and continued presence of Afro-Colombian and indigenous students in higher education. The Committee notes that the Government’s report does not contain information on the impact of the measures and actions to which it referred in its previous report, namely: the strategy “Towards a national decent work policy in the framework of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”; the policy to promote equality of opportunity for the Black, Afro-Colombian, Raizal and Palenquero population and the Development Plan for Black, Afro-Colombian, Raizal and Palenquero Communities (2010–14). The Committee emphasizes in this regard the importance of undertaking an evaluation of the measures adopted to determine their impact and effectiveness in the elimination of discrimination.

The Committee requests the Government to continue adopting specific measures for the eradication of discrimination on the basis of race, colour, and social origin. Recalling that the Convention requires the national equality policy to be effective and that, in accordance with Article 3(f) of the Convention, information has to be provided on the results secured by the action taken, the Committee requests the Government to provide information on the impact of the measures taken including the educational audits on the inclusion of Afro-Colombian and indigenous peoples in the labour market under equal conditions with other workers in terms of access to employment, promotion and wage equality. In particular, the Committee requests the Government to provide information on the activities carried out by the Discrimination and Racism Observatory, and the information collected by the Observatory, including statistical information disaggregated by sex, race and place of residence (where available) on the labour market inclusion of Afro-Colombian and indigenous workers. The Committee requests the Government to indicate whether the strategies and measures referred to in its previous report are still in force.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee requested the Government to provide further information on the procedures followed by the labour inspectorate and the Ministry of Labour in relation to complaints of sexual harassment; the number of complaints filed and their outcomes; the application of section 3 of Act No. 1010 of 2006 on harassment at work (which provides for mitigating circumstances); and the application of the Act to associated work cooperatives. The Committee notes the Government’s indication that a survey of perceptions of sexual harassment at the workplace was carried out in 2014 in 13 metropolitan areas, and that approaches to dealing with cases of sexual harassment have been prepared jointly with the Office of the Public Prosecutor. Training has been provided for labour inspectors and workshops have been held in enterprises, as well as trade union meetings on this subject in 2015. The Government adds, with reference to associated work cooperatives, that Act No. 1010 applies to those workers who are in an employment relationship. The Committee observes that the information on the activities carried out by the labour inspectorate in response to requests for intervention and conciliation is not disaggregated by type of violation, but refers in general to labour harassment, which does not make it possible to determine the extent to which sexual harassment is dealt with by the labour inspectorate and other labour authorities. Moreover, the information supplied does not provide a basis for determining the manner in which sections 9 and 10 of Act No. 1010 concerning the prevention and punishment of labour harassment are applied in practice to cases of sexual harassment. Nor does the Government explain the application of the mitigating circumstances envisaged in section 3 of the Act. The Committee observes that those mitigating circumstances include violent emotions (which are not applicable in the case of sexual harassment), previous good conduct, discretionary compensation measures, even though they may be partial, and the harm caused. In this connection, the CUT indicates that mitigating circumstances may lead to the failure to impose penalties. The Committee recalls that acts of discrimination occur irrespective of the intentions of those responsible and considers that in the case of sexual harassment the types of mitigating circumstances envisaged in section 3 diminish the dissuasive nature of the penalties. Noting that, under the terms of section 1, Act No. 1010 does not apply “to civil or commercial relations deriving from service provision contracts for which there is no relationship of hierarchy or subordination”, the Committee recalls that all workers without distinction, including workers in cooperatives, whether or not they are in a dependent employment relationship or are self-employed, must be afforded adequate protection against discrimination, including against sexual harassment at work. While emphasizing the development of different actions to deal with cases of sexual harassment, the Committee requests the Government to take measures to raise awareness concerning these actions so as to ensure that they are easily accessible and effective, and that there is adequate compensation for victims and sufficiently dissuasive penalties for those responsible. Recalling that sexual harassment is a serious infringement of the right to dignity that should be strictly sanctioned without taking into account previous good conduct or voluntary compensatory measures, the Committee requests the Government to repeal the mitigating measures provided for in section 3 of Act 1010 of 2006 on harassment at work whenever the Act will be revised in the future. The Committee also requests the Government to ensure that all workers, including workers in cooperatives and self-employed workers, benefit from adequate protection against sexual harassment. The Committee requests the Government to provide information on any developments in this respect, and particularly on the specific number of cases of work-related sexual harassment examined by the labour inspectorate and by administrative or judicial bodies, the penalties imposed and the compensation granted.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of 29 October 2011 of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM), and the Government’s reply thereto. The Committee also notes the observations dated 31 August 2012 of the Single Confederation of Workers of Colombia (CUT) and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee requests the Government to provide its observations on these comments.

Discrimination on the basis of race, colour and social origin. In its previous comments, the Committee asked the Government to provide specific information on various measures to promote fundamental rights and to prevent discrimination based on race, colour and social origin, such as the strategy “Towards a national decent work policy in the framework of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. The Committee notes that the Government indicates that under the Directorate of Fundamental Rights at Work two sub-directorates have been established, one for the protection of labour rights and the other to promote social organization, with a view to intensifying measures to prevent discrimination against Afro-Colombians and indigenous peoples. Two forums have also been held for the benefit of these two groups in order to ascertain the work-related problems they face and to establish the policy guidelines to be followed by the Ministry of Labour. The Government states that it knows of no complaints of discrimination based on social origin. The Committee observes that the Government provides no specific information on the results of the strategies it referred to previously, nor any particulars regarding the new measures or decisions taken to eliminate or prevent discrimination based on race, colour and social origin. While noting the importance of adopting long-term measures to combat discrimination, the Committee asks the Government to provide specific information on the impact of the measures adopted and the results achieved with a view to addressing discrimination based on race, colour and social origin.

In its previous observation, the Committee took note of a report produced by the National Council for Economic and Social Policy (CONPES, No. 3660) on the policy to promote equality of opportunity for the black, Afro-Colombian, Raizal and Palenquero communities (2010–14). The Committee notes that according to the CUT, Afro-Colombians have the highest poverty rate (82.12 per cent), have less access to formal employment and are generally concentrated in low-ranking jobs, earning 71 per cent of the pay of a mestizo. The Committee notes that according to the Government, a new CONPES report is being produced with information from all the national entities. The Government refers to a programme set up by the Office of the President to design strategies and action for the development of the Afro-Colombian people, which is divided into five strategic axes: addressing the institutional lag, the creation of human capital, economic development, institutional reinforcement and the Millennium Development Goals. The Committee notes that in the context of these strategies a number of practical measures have already been adopted including the award of collective land titles, measures to set up a Pacific university system, assistance to basic and higher education, improvement of the educational availability, arrangements with employers to conclude agreements with the communities and measures to include these peoples in formal employment. With regard to the specific measures for the education and training of indigenous peoples, the Government states that under the 2010–14 National Development Plan, several measures have been taken, ensuring their autonomy, for the establishment of an indigenous education system, policy guidelines for higher education have been laid down and an intercultural public universities project has been developed. The Committee also notes the measures adopted, including training, to integrate women belonging to these groups in the labour market. The Committee asks the Government to continue to provide information on the measures taken in the context of CONPES No. 3660, the programme for Afro-Colombians set up by the President’s Office and the National Development Plan for Indigenous Peoples 2010–14. It also asks the Government to provide information on the impact of each of the measures adopted in terms of improving access of Afro-Colombians and indigenous peoples to the education system and the labour market, and ensuring their traditional occupations. The Government is also asked to provide information on the measures aimed specifically at women belonging to these groups and the impact of such measures. Please also provide relevant statistical information disaggregated by sex.

Discrimination based on sex. The Committee notes that in its observations the CUT refers in general terms to the persistence of discrimination against women in the labour market, as reported in its previous comments. The Committee notes that the Government refers to the adoption of Act No. 1496 of 2011 to guarantee equality of wages and remuneration for men and women and to establish mechanisms for the elimination of all forms of discrimination. According to the Government, the purpose of the law is to establish mechanisms to bring about real and effective equality in both the public and the private sectors. The Act supplements and amends the Equality Opportunities Act, No. 823, and provides for the development of women’s training programmes that are free from stereotyping, for technological and organizational support for small and medium-sized enterprises managed by women or employing a majority of women, and for rural women’s access to landownership or tenure. The Government indicates that consultations are under way on draft implementing regulations for the Act. Furthermore, Ministry of Labour Resolution No. 162 of 2012 establishes a Gender Equity Group with responsibility for ensuring gender mainstreaming in the Ministry. Work is also under way on an equity seal to be used as a means of certifying private companies and public institutions that apply gender equality measures. The Government further indicates that in accordance with the recent regulations on teleworking, enterprises will be encouraged to adopt teleworking contracts for women prior to their maternity leave and during the period of breastfeeding. The Government has also developed a programme for rural women under which measures have been adopted in the areas of production and public and social policy with a view to improving the living conditions of rural women. While noting all these measures, the Committee notes that the Government provides no information on the impact of the measures and programmes it referred to in its previous observation. The Committee stresses the importance of continuity in the activities undertaken and of reporting on their effects and outcomes with a view to determining the extent to which they contribute to the achievement of gender equality, as foreseen in Article 3(f) of the Convention. The Committee requests the Government to provide information on the impact and outcome of the programmes and measures referred to in the present report and previously, including those adopted under Act No. 1496 of 2011 and the programme for rural women. Please provide information on the measures taken to improve women’s education and training with a view to improved access to employment and occupation.

Sexual harassment. The Committee notes that according to the Government, Ministry of Labour Resolution No. 2646 of July 2008 requires public and private enterprises to establish a committee on coexistence in the workplace, with responsibility for establishing a confidential internal conciliation procedure to prevent harassment at work. These committees are to be established before 20 October 2012. The Government states that complaints of quid pro quo sexual harassment are filed not with the Ministry of Labour but with the criminal courts, as a mechanism for protecting women against violence. The Government states, however, that a system to follow up cases of sexual harassment at the workplace has been developed consisting of a compendium of information and complaints, which will enable labour inspectors to intervene, together with a protocol for receiving sexual harassment complaints for the purpose of providing legal advice and informing labour inspectors and public prosecutors. The Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient due to the sensitivity of the issue, the higher burden of proof which is harder to meet and the fact that criminal law does not address the wide spectrum of behaviours constituting sexual harassment in employment and occupation. The Committee, therefore, requests the Government to provide further information on sexual harassment measures taken by the labour inspectorate and the Ministry of Labour, and on the number of complaints filed and the outcome thereof. The Committee also asks the Government to provide information on the application of section 3 of Act No. 1010 of 2006 on harassment at work (which provides for compensatory measures), and the manner in which adequate protection is secured for victims of harassment. Please indicate whether the abovementioned Act applies to associated work cooperatives.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination on the basis of race, colour or social origin. The Committee notes the Government’s general reference to various measures to promote fundamental rights and also to technical studies, investigations, plans and policies, adopted with a view to preventing discrimination in access to employment, such as the strategy entitled “Towards a national decent work policy in the context of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. However, the Committee observes that the Government does not provide specific information concerning the content of these plans and their impact in practice. The Committee requests the Government to send specific information on the abovementioned measures and plans and their impact on the elimination of discrimination in access to employment and occupation on the basis of social origin, race, colour or physical characteristics. It also requests the Government to take steps to ensure that no investigations into the social background of job candidates are carried out which result in discrimination on the basis of social origin and that measures are taken to prohibit discriminatory vacancy announcements. The Committee requests the Government to provide information on any administrative or judicial proceedings relating to allegations of discrimination on the basis of the abovementioned criteria.

People of African descent and indigenous peoples. The Committee notes the observations from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of 30 August 2010, referring once again to discrimination in access to employment and training suffered by Afro-Colombian and indigenous peoples. The Committee notes the report of the independent expert on minority issues of 25 January 2011 (A/HRC/16/45/Add.1), which refers, in particular, to discrimination in access to quality education, employment and participation in the economic and political life of the country and also the disproportionate poverty and displacement from their lands suffered by many Afro-Colombians. According to the report, the scant amount of statistical information that exists with respect to these peoples hampers the adoption of adequate government policies. The report states that the estimated rate of illiteracy among the Afro-Colombian population is 30 per cent (double the national average). Their poor level of education reduces their opportunities for employment, which is largely restricted to the informal sector, domestic work (in the case of women) and other unskilled jobs. Even though the Government has adopted a series of measures and plans in relation to the Afro-Colombian peoples, the independent expert considered that they were insufficiently enforced and urged the Government to adopt general anti-discrimination legislation which lays down civil and criminal penalties. In this regard, the Committee notes the 2010 study (No. 3660) produced by the National Council for Economic and Social Policy (CONPES) concerning the policy to promote equal opportunities for the Black Afro-Colombian, Palanquera and Raizal peoples and also the 2010–14 development plan for the Black Afro-Colombian, Palanquera and Raizal communities, entitled “Towards a multi-ethnic and pluricultural Colombia with democratic prosperity”. The Committee notes that the CONPES study evaluates the programmes implemented from 2002 to 2010 and makes a series of time-bound recommendations to various state bodies and institutions relating to education, training and employment for Afro-Colombian peoples. The Committee requests the Government to provide information on the specific measures taken on the basis of CONPES study No. 3660 and their impact on the situation of the Afro-Colombian peoples. The Committee also requests the Government to indicate whether similar studies have been produced or specific education and training measures have been adopted for indigenous peoples and, if so, to supply information on their impact on access to employment and occupations for the indigenous peoples.

Discrimination based on sex. In its previous comments the Committee noted the information supplied by the Government concerning anti-discrimination measures adopted as part of national development programmes and the programmes promoted, inter alia, by the Ministry of Social Protection, the Ministry of Agriculture and Rural Development and the National Training Service. The Committee notes that the CUT and CTC indicate in their observations that women are more heavily affected than men by unemployment, that they receive considerably lower wages, that they occupy less-skilled jobs, that they constitute the majority of workers in the informal sector and that they occupy only a small proportion of high-level posts. In this respect, the Committee notes that the Government provides information indicating that: (i) the Presidential High Council for Women’s Equality reached an agreement with UN Women for the follow up of judicial decisions concerning women’s labour and social security rights; (ii) the Javeriana University organized a course on women and gender addressed to public officers as well as managers from the private sector; (iii) in the framework of the UNIDOS programme, financial credits have been granted to women in situations of extreme poverty or having been displaced; (iv) the National Programme for the promotion of women entrepreneurs was developed; and (v) measures have been taken in order to include and retain women in the world of labour such as the Labour Equality Agenda and the National Public Policy for gender equality. The Committee requests the Government to continue to supply information on the practical implementation of these programmes, policies and measures, and on their impact on the discrimination against women in employment and occupation. The Committee also requests the Government to provide information on the measures taken to give effect to the Equal Opportunities Act (No. 823 of 2003), especially as regards employment training for women in both urban and rural sectors, and on measures taken to ensure that rural women have access to land ownership or possession, agrarian credit, technical assistance, and agricultural training and technology, as provided for in section 3 of Act No. 823 of 2003. Finally, the Committee requests the Government to provide statistical information on the situation of women and men in the labour market and on their distribution in the various economic occupations, posts and sectors.

Indigenous women. The Committee again requests the Government to provide information on action in favour of indigenous women formulated by the Presidential Office for Equal Rights for Women and the results achieved with regard to education, vocational training, employment and occupation.

Sexual harassment. The Committee notes Act No. 1010 of 2006, whereby measures are being adopted to prevent, correct and penalize harassment in the workplace and other forms of harassment within the employment relationship. The Committee observes that section 2 of the Act refers to sexual harassment as abuse in the workplace which takes the form of violence against the sexual freedom of the worker. The Act provides that the existence of sexual harassment is presumed if certain circumstances are fulfilled. The Act lays down the obligation to prevent harassment through specific measures and establishes penalties for persons directly responsible for harassment and for employers who have not taken the necessary steps to prevent it. However, pursuant to section 3, a wide range of attenuating circumstances are set out, including emotional state, excusable passion, family links, evident or hidden provocation or “any other similar circumstances”. The Committee requests the Government to indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against both quid pro quo and hostile working environment sexual harassment. Observing that section 3 sets out a wide range of attenuating circumstances in the event of proven harassment in the workplace, the Committee requests the Government to indicate the manner in which the full protection of victims is ensured in such circumstances. The Committee also requests the Government to provide information on administrative and judicial proceedings instituted in relation to sexual harassment and to indicate whether the Act applies to workers in associated cooperatives.

Finally, observing that the Government’s report contains very little information on the questions under consideration despite explicit requests in this regard, the Committee requests the Government to send a detailed reply to these questions in its next report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information supplied by the Government in its report, including extracts from the case law of the Constitutional Court which refer to the labour rights of women.

Discrimination on grounds of race, colour and social origin. The Committee notes that there is no reference in the Government’s report to the Committee’s requests concerning a communication from the Single Confederation of Workers of Colombia (CUT) relating to discrimination in access to employment with regard to members of indigenous and Afro-Colombian peoples. The Committee also notes the concern expressed by the Committee on the Elimination of Racial Discrimination (CERD/C/COL/CO/14, 28 August 2009) at the fact that, despite national policies establishing special measures, in practice Afro-Colombian and indigenous peoples continue to have great difficulty in securing respect for their rights and continue to be the victims of de facto racial discrimination and marginalization. The Committee further notes that the National Development Plan 2006–10 proposes the formulation of a comprehensive policy for indigenous peoples, including components relating to territoriality, identity, autonomy, governance and development plans. The Committee therefore requests the Government once again to take effective measures towards the elimination of discrimination in access to employment or occupation on the basis of social origin, race, colour or physical characteristics. It also requests the Government to take steps to ensure that no investigations into the social background of workers are carried out which result in discrimination on the basis of social origin, that actions are taken to prohibit in law and in practice discriminatory vacancy announcements and to promote the employment of Afro-Colombian and indigenous peoples, and to supply information on the measures taken. The Committee also requests the Government to provide detailed information on the training and employment situation of indigenous and Afro-Colombian men and women, including those living in the Pacific region.

Gender-based discrimination. The Committee notes that the National Development Plans lay down general guidelines for the definition of a policy for Colombian women focusing on job creation, access to and quality of education, prevention and elimination of gender-based violence and improvement of conditions for rural women. The Committee notes the programmes promoted by the Ministry of Social Protection, the Ministry of Agriculture and Rural Development, the National Training Service (SENA), the Ministry of Trade, Industry and Tourism, and especially those of the Presidential Office for Equal Rights for Women, by means of which the Government seeks to combat discrimination in employment and empower women. It also notes the Strategic Plan for the defence of women’s rights under the law in Colombia, specifically the plan for the protection of women against employment discrimination. The Committee requests the Government to supply information on the practical application and results of such policies, plans and programmes, and specifically on how they are helping to eliminate discrimination against women in employment and occupation. The Committee also requests the Government to provide information on the measures taken to give effect to the Equal Opportunities Act (No. 823 of 2003), specifically those aimed at establishing programmes of employment training and skills development for women which are free from stereotypes regarding “female” jobs, and on measures to ensure that rural women have access to land ownership or possession, agrarian credit, technical assistance, and agricultural training and technology. The Committee also requests the Government to provide statistical information on the situation of women and men in the labour market and on their distribution in the various economic occupations, posts and sectors.

Indigenous women. Noting that the Presidential Office for Equal Rights for Women is designing actions in favour of indigenous women with a view to tackling the various forms of discrimination which affect them and promoting equal opportunities, the Committee requests the Government to provide further information on these actions and the results achieved with regard to education, vocational training, employment and occupation, including information on the pilot project referred to in the report.

Sexual harassment. The Committee notes the adoption of Act No. 1257 of 4 December 2008 enacting legal provisions on awareness raising, prevention and penalties with respect to certain forms of violence and discrimination against women. The Committee also notes that Act No. 1257 amends the Penal Code, the Code of Penal Procedure, and Act No. 294 of 1996, and enacts other provisions. The Committee notes that sexual harassment has been defined as a criminal offence, with section 210A of the Penal Code laying down a penalty of imprisonment ranging from one to three years for anyone found guilty of committing sexual harassment. The Committee requests the Government to consider adopting specific legislation regulating sexual harassment at work, including both quid pro quo and hostile environment harassment in the definition, and which also regulates the scope of responsibility as regards employers, supervisors, work colleagues and, where possible, clients or other persons connected with the performance of work. The Committee also requests the Government to provide information on any campaigns conducted to prevent acts of discrimination and violence against women in the work environment and on the procedures being adopted for handling complaints of sexual harassment.

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

In its previous observation the Committee took note of a communication from the Single Confederation of Workers of Colombia (CUT). It notes the Government’s reply, received on 21 February 2008.

Discrimination on grounds of race and colour. The CUT alleges discrimination against members of indigenous and Afro-Colombian peoples, citing the fact that they are poorly represented in middle and high level posts in private companies. It states that the darker the skin the greater the discrimination. It refers to a report from the five dioceses of the pacific coast of Colombia according to which in Buenaventura, for example, although persons of African descent account for 92 per cent of the population, when they look for work they are turned down because of the colour of their skin. Furthermore, in banks and corporations black persons have the worst jobs. The employment office and the banks have rejected applicants “because they are very dark”. The employment office of the region and private companies set other physical requirements for employment, particularly for women, namely that they must be white, tall and slim.

Discrimination on the ground of social origin. The CUT states that the inhabitants of the poorer districts, despite a good education, are unable to get jobs in a number of private companies, particularly banks and financial companies. The selection process now involves a phase knows as “home visit”, the aim of which is to ascertain the applicant’s social background, which results in discrimination in access to employment based on social origin.

In its communication the Government states that it has focused its efforts on devising policy programmes to promote equality of rights and opportunities. In this context, it has promulgated the “Employability Act”, which provides for support to people who are at risk and vulnerable. While noting the Government’s comments on the efforts made for particularly vulnerable people, the Committee notes that the Government has not responded to the allegations of discrimination in access to employment and employment conditions based on race, colour and social origin. The Committee requests the Government to take effective measures to ensure that there is no discrimination in access to employment and in employment on grounds of social origin, race, colour, or physical characteristics. It also asks the Government to take measures to ensure that no investigations are carried out into applicants’ social backgrounds resulting in discrimination based on social origin, and to take measures to prohibit discriminatory job announcements, in both law and practice, and to promote the employment of Afro-Colombians and indigenous people. Please provide information on the steps taken in this regard. The Government is also asked to provide detailed information on the employment situation of indigenous and Afro-Colombian peoples, including those living in the Pacific coast area.

Communication of the report to the social partners. With reference to the CUT’s comments that by 15 August 2007, it had not received a copy of the Government’s report on the Convention so that it could submit comments, the Committee requests the Government to send its report to the social partners in a timely manner to enable them to make such comments as they deem appropriate, thus facilitating their participation in the monitoring of the application of the Convention. The Committee asks the Government to provide the information requested together with replies to the questions raised by the Committee in its comments of 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Policy on equality for men and women in employment and occupation. The Committee takes note of the various programmes being developed by the Government to improve women’s access to employment and training. It notes that an Observatory on Gender Matters (OAG) has been established as a tool for monitoring compliance with national and international labour standards on equality between men and women. It notes in particular that in the area “Employment and Business Development” programmes are being set up under the titles Women Heads of Family as Micro-entrepreneurs, Business Training Plan under which 26,200 such women have been trained, and the National Business Woman’s Fair, which aims to set up a trade exhibition with a social focus to promote women’s business activities. It further notes the Strategic Plan for the defence of women’s rights before the law in Colombia, which emerged from an agreement signed by the Government of Colombia with the Autonomous Community of Madrid and which sets three work priorities. It notes in particular that one of the three priorities is to protect women against discrimination at work by: (1) promoting equal opportunities for women; (2) developing women’s employment; (3) encouraging reconciliation of family life and work; (4) defending women’s rights. The Committee notes that one aim is to ensure the effective exercise of women’s rights at work by encouraging the exercise and legal enforcement of the rights laid down in the Constitution and international treaties. In this context, a Strategic Plan has been prepared for the defence of women’s rights before the law in Colombia. Having noted in its observation the comments by the Single Confederation of Colombia (CUT) on the need to strengthen the legal enforcement of international labour Conventions, the Committee requests the Government to provide information on the manner in which it has associated employers’ and workers’ organizations with the abovementioned Strategic Plan and particularly with the measures to protect women against discrimination at work. It also asks the Government to provide detailed information on the measures taken under the Plan and their practical impact. Please also continue to provide information on the national gender equality strategy in relation to employment and occupation, and provide reports of the OAG, which is responsible for general oversight of the gender equality policy.

2. Public sector. The Committee notes that the Government has not sent the information requested in the previous comments and again asks it to provide statistical information on the distribution of men and women in the public sector.

3. Private sector. The Committee again asks the Government to provide information on the measures taken in cooperation with employers’ and workers’ organizations to improve application of the Convention in the private sector.

4. Indigenous women and Afro-Colombian women. The Committee notes that three workshops were held with indigenous women in which 132 women participated. It points out, however, that this information does not allow it to gain a full understanding of the employment and training situation or of how indigenous and Afro-Colombian women may be affected by discrimination. The Committee requests the Government to provide detailed information on the situation of indigenous women as regards employment and training, including statistical information, and on policies that aim to secure equality both in training and in access to employment and conditions of employment.

5. The Committee notes that the Government has not provided information on paragraphs 6 and 7 of the previous direct request. It is therefore bound to repeat the two paragraphs, which read as follows:

Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

6. The Committee notes in general terms that the report provides information on Government policy on gender equality but not on policies on equality based on the other criteria in the Convention. The Committee invites the Government to provide more detailed information on policies to promote equality in training and employment without discrimination on grounds of race and colour, focusing in particular on the situation of the black population. In drafting its report, the Government is asked to follow up on and respond to the questions raised by the Committee in its comments.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee takes note of the communication from the Single Confederation of Workers (CUT). In that communication, the CUT states, as the most representative organization, that as at 15 August 2007 it had not received a copy of the Government’s report and was therefore sending its comments without having seen the report, reserving the right to expand on them upon receiving it. The Committee notes that in its report sent on 25 July 2007, the Government states that it is forwarding a copy to the CUT among other organizations. The Committee will examine the communication together with the comments the Government may wish to make. The Committee notes that the CUT indicates that the Judiciary has difficulties in applying the Convention although under the Constitution, it is directly applicable; the cut proposes that judges and administrative officials receive training to further their knowledge of the international treaties to which Colombia is a party. In its report, the Government refers to proposals to improve application of the Convention in the judicial system as part of the Strategic Plan for the defence of women’s rights before the law in Colombia. The Committee accordingly invites the Government to provide information on any training envisaged and on measures to follow up on the Strategic Plan. It reminds the Government that it may seek technical assistance from the Office should it deem this necessary.

2. Discrimination on grounds of race and colour. Indigenous people and Afro-Colombians. In its previous comments the Committee referred to situations in which indigenous people and Afro-Colombians were the subject of discrimination in employment and occupation. It also referred to the conditions of extreme poverty suffered by Afro-Colombians. The Committee notes that the Government mentions some activities with indigenous women but sends no information on the other matters. The Committee accordingly asks the Government to provide information on the situation of indigenous people and Afro-Colombians as regards training and employment, and on the Government’s policy on equality in employment and training as regards these two groups.

3. Situation of the Roma. In its previous comments the Committee expressed concern at the situation of the Roma, who are subject to discrimination. It notes that the Government has not sent the information requested on this matter. The Committee is concerned at the lack of a reply from the Government on this matter and again requests it to provide information on the work situation of the Roma and on the application to the Roma of the principle of equality of opportunity and treatment in employment and occupation.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. With regard to point 2 of its previous direct request in which it commented on the worrying rise in unemployment among women, the Committee notes that progress has been made in implementing the employment generation and unemployment protection programmes developed by the General Directorate for the Promotion of Labour, including the unemployment subsidies programmes, the entrepreneurial fund and the employment in action programme. The Committee would be grateful if in its next report the Government would provide information on current activities aimed at reducing the high level of unemployment and underemployment among women and to improve women’s access to employment and training and their working conditions and standards of living.

2. Public sector. Having noted from the Government’s report on the application of Equal Remuneration Convention, 1951 (No. 100), that the participation rates of men and women in the public sector are regulated by Act No. 581 of 31 May 2000, the Committee requests the Government to send statistical information with its next report showing the distribution of men and women in high-level posts in the public administration.

3. Private sector. The Committee notes from the Government’s report on the application of Convention No. 100 the Government’s statement that although there are principles enshrined in the Constitution and the law that safeguard gender equality, it is ultimately employers who decide, according to their needs and on the strength of the free market, whether to select men or women in the recruitment procedure. The Committee reminds the Government that under
Article 2 of the Convention, the Government is required to declare (giving particulars) and pursue a policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee draws the Government’s attention in this context to paragraphs 157 to 176 of its General Survey on equality in employment and occupation, 1988, in which it examines the formulation and content of such a policy and methods of applying it. In particular, it points out in paragraph 159 that “while affirmation of the principle of equality before the law may be an element of such a policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention.” The Committee requests the Government to indicate in its next report the measures taken or envisaged to apply a policy in the private sector that is consistent with the Convention, including measures implemented in cooperation with employers’ and workers’ organizations.

4. Indigenous peoples and Afro-Colombians. With regard to point 3 of its previous direct request in which it noted a report on Colombia by the Committee on the Elimination of Racial Discrimination which referred to discrimination against indigenous populations and Afro-Colombians in that these communities are disproportionately subjected to violations of human rights and international humanitarian standards, and drew particular attention to the situation of women, who are victims of discrimination based on their gender, race or ethnicity, and their displaced status, and to the conditions of extreme poverty in which many Afro-Colombians live. The Committee asks the Government to provide information in its next report on the positive and effective measures applied to increase training and employment opportunities for Afro-Colombians and indigenous communities, in both the public and the private sectors.

5. Situation of the Roma. The Committee notes the Special Rapporteur’s report of 24 February 2004 (E/CN.4/2004/18/Add.3), “Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Colombia”. The Committee expresses concern over the situation of the Roma, who are subject to discrimination, and requests the Government to provide information on their work situation in all aspects relating to the application of the principle of equality of opportunity and treatment in employment and occupation laid down in the Convention.

6. Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

7. Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government’s report and requests the Government to provide information on the following points.

1. In relation to its previous general observation of 2002 on sexual harassment, the Committee notes the information provided by the Government in its report indicating that, although there is no specific definition of sexual harassment, the behaviour of persons who abuse their authority to commit this type of offence can be investigated and punished in accordance with the existing provisions. The Committee requests the Government to consider the possibility of incorporating a more detailed provision in its legislation taking into account the various elements specified in its general observation. It also requests it to consider the adoption of specific procedures to investigate and punish this type of offence.

2. In its previous comment, the Committee noted a significant increase in the unemployment rate among women. The Committee notes with interest the adoption of Act No. 823 of 2003 issuing provisions respecting equality of opportunity for women, and particularly those related to the formulation of programmes and projects to promote equality of opportunity for women in labour matters, including vocational training courses to eliminate sexist stereotypes; raising public awareness of women’s rights and the corresponding protection mechanisms; examining the situation of rural women workers; maternity and social security provisions; promoting studies on gender and equality of opportunity through the allocation of the appropriate funds; and the collection of statistical data with a gender component. The Committee would be grateful if the Government would provide information in future reports on the activities carried out under the terms of this Act which lead to a reduction in the high rate of unemployment and under-employment among women and an improvement in women’s access to employment and training; as well as on their working and living conditions.

3. With reference to its previous comments, the Committee notes with interest the creation of the Special Commission for Negro Communities and the adoption of legislation to implement article 55 of the Constitution. The Committee noted in its previous comment that the above constitutional provision recognizes the right of Afro-Colombian communities to own as collective property the undeveloped lands (baldíos) in the rural areas along the rivers near the Pacific coast; their right to pursue economic, social and cultural development in conditions of equality; and respect for their cultural practices. In this respect, the Committee also noted in previous comments the concluding observations of the last report of the Committee on the Elimination of Racial Discrimination (CERD) with regard to Colombia which states that: (1) the indigenous and Afro-Colombian communities are disproportionately subjected to violations of human rights and international humanitarian standards; (2) the indigenous and Afro-Colombian communities are under-represented in State institutions, including the legislature, the judiciary, governmental ministries, the military and the civil and diplomatic services; (3) the government programmes are not responsive to the needs of many indigenous and Afro-Colombian women who are subjected to multiple forms of discrimination based on their gender and their race or ethnicity, and their displaced status; (4) the media coverage of minority communities, including the continued popularity of the television programmes that promote racial or ethnic stereotypes, CERD noted that such stereotypes serve to reinforce the cycle of violence and marginalization, which has had grave repercussions on the rights of Colombia’s historically disadvantaged communities; and (5) recognizing that many Afro-Colombian persons live in extreme poverty in urban slum areas, CERD recommends that the State take steps to address the de facto racial segregation in urban centres. The Committee, reiterating some of the recommendations made by CERD, trusts that the Government will adopt positive and effective measures to increase training and employment opportunities for minorities and indigenous communities in both the public and private sectors.

4. The Committee notes that the Government’s report does not provide any of the information requested in points 1 and 2 of its previous comment on the treatment of the 3,436 complaints of employment discrimination against women, in particular with regard to the number that reached the courts and the number for which decisions were handed down, and with regard to pregnant women. The Committee requests the Government to send the Office a copy of the successive annual reports of the Special Labour Inspection, Supervision and Control Unit with its next report and, where possible, some of the court rulings relating to the complaints of employment discrimination against women, including those related to pregnancy.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report, including the attachments.

1. The Committee notes the Government’s statement that it is not aware of any ruling by courts concerning violations of the principle of equality in employment and occupation. The Committee notes the Annual Report on the Basic Activities of the Special Labour Inspection, Supervision and Control Unit for the period January December 2000. The Committee notes that a total of 3,436 complaints were submitted concerning employment discrimination against women, with 80 per cent of them being in Cauca. The Committee requests the Government to provide more detailed information on these cases, and particularly the number of them which reach the courts and the manner in which they are resolved, with an indication of the measures that are being taken to prevent discrimination against women in employment and occupation in this and other territories.

2. The Committee also notes that 186 applications were submitted for the termination of the employment of pregnant women. Of these, conciliation was undertaken in 39 cases, authorizations were provided for 27 of them and 32 applications were denied. The Committee requests the Government to provide information on the 34 remaining cases in which applications were submitted for the termination of the employment of pregnant women, for which no indications are provided in the table. The Committee notes the reference made by the Government to the various rulings handed down concerning pregnant women workers, maternity leave and discrimination on grounds of sex. The Committee requests the Government to continue providing information in future reports on any case which arises concerning these matters.

3. The Committee also notes the statistics provided by the Government concerning employment in Colombia in 1999 and 2000. The Committee notes that unemployment among women has increased by 3.5 per cent as a proportion of total unemployment since the previous year, with the rate for men falling by 3.5 per cent. It notes that since 1996 the number of unemployed women has increased from 308,000 to 681,000 in seven metropolitan areas. It also notes that the highest incidence of unemployment among women is concentrated in the commercial sector, communal and social services and industry. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to promote the access of women to the labour market.

4. The Committee notes the information provided by the Government concerning the operative plan of the National Training Service (SENA) and requests the Government to provide detailed information in its next report on the activities undertaken to promote the economic participation of women and to offer training to the population groups with the highest rates of unemployment, and particularly women. With reference to training activities, the Committee would be grateful if the Government would provide copies of the curricula of the courses. The Committee would also be grateful if the Government would provide information on the activities that are being carried out by the Permanent Dialogue Commission on Wage and Labour Policies concerning the principle of non discrimination in employment and occupation.

5. The Committee notes that the Government has not provided information on the programmes and projects implemented under Act No. 508 of 1999, establishing the Plan for Equality between Men and Women, including the programmes and projects for women in different territorial areas, and particularly for those in rural areas or who are displaced. The Committee reiterates its request and also asks the Government to report on the application of the plan in practice.

6. The Committee also notes that the Government has not responded to the request for information on the national policy and practical measures adopted to promote the principle of equality in employment and occupation in relation to the Afro Colombian population. The Committee reiterates it requests and would also be grateful for the provision of statistical data on the skills levels and incomes of the above population.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that, during the course of its session, it received legislative texts that had been requested from the Government. These will be examined at the Committee's next session.

1. With respect to its previous comments, the Committee notes the information supplied by the Government that an enforcement action (acci¢n de cumplimiento) may be brought on the basis of any act or omission of a public authority that fails to apply or executes legislative acts, or performs or fails to perform actions that result in the imminent non-application of binding laws or administrative acts, as well as against the acts or omissions of individuals. It also notes that this action is subordinated to an action brought on the basis of the violation of a fundamental constitutional right (acci¢n de tutela) and that, in this case, the judge will apply the constitutional right procedure. The Committee would appreciate receiving information indicating whether any judgements have been handed down in relation to the principle of non-discrimination in employment and occupation, whether through an action brought on the basis of the violation of a fundamental constitutional right or an enforcement action, and requests the Government to supply copies of any such judgements, if possible not only in respect of discrimination on the ground of sex, but also concerning the other grounds set forth in the Convention.

2. The Committee notes the enactment of Act No. 508, of 1999, which establishes the Plan for Equality Between Men and Women ("the Plan"). According to the report, the Plan is intended to implement the constitutional principles of equality and relevant international Conventions and formulates strategies to overcome those limitations and obstacles which impede women from participating in society on an equal basis with men. In addition, the Committee notes that, under the Plan, the Government undertakes to develop programmes and projects that place priority on the employment of women, as well as on the promotion of training courses for women. The Committee asks the Government to provide copies of the programmes and projects developed by the Government in furtherance of the Plan, including those programmes and projects for women from the different territorial districts, particularly those that live in rural areas or are displaced. Please also provide information on the actual application of the Plan.

3. The Committee also notes the concluding observations of the Committee for the Elimination of Discrimination Against Women (A/54/38, 2 February 1999), indicating that the school drop-out rate among girls and young women remains high, and that the causes of this high rate are linked to sexist stereotypes. In addition, the vocational choices made by women when they reach higher education are still gender-differentiated. The Committee recalls that occupational guidance and vocational training are essential, given that they determine actual possibilities of access to employment and occupations and that discrimination in access to training is subsequently perpetuated and accentuated at the levels of employment and occupation. It therefore requests the Government to provide statistical information, disaggregated by sex, on educational levels. In this context, the implementation of the Plan could play an important role in achieving the goal of the Convention. The Committee requests that, in developing training programmes and projects under the Plan, account be taken of paragraphs 38 and 77 through 85 of the General Survey on equality in employment and occupation, 1988. It requests the Government to keep it informed concerning the actions taken or contemplated.

4. Having noted that the Committee for the Elimination of Racial Discrimination, in its concluding observations of 20 August 1999 (CERD/C/55/Misc. 43/Rev. 3), expressed its concern regarding discrimination against the Afro-Colombian population, the Committee requests the Government to provide information regarding the national policy and any practical measures adopted to promote the principle of equality in employment and occupation in respect of this population. The Committee would also be grateful if the Government would supply statistical information on the levels of training and income received by members of the Afro-Colombian population.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the communication dated 19 November 1996 submitted by the National Union of National Tourist Board's Workers (SNT) relating to alleged violations of the Convention by the Government in drawing up the General Tourism Act No. 300 of 30 July 1996. The SNT's communication claims that this Act, in particular sections 101, 102, 103 and 108, violates Article 1, paragraph 1(a), of the Convention, because it establishes a different statute for workers of the National Tourist Board in relation to the termination of employment contracts, pension rights and admission to other state bodies, since they have already received compensation for their dismissal. The Committee also notes the detailed information sent by the Government in relation to the SNT's communication. In particular, the Government points out that at no time does the text of the Act seek to nullify or impair equality of opportunity or treatment in employment or occupation.

2. In this respect, the Committee notes that it is not clear from the SNT's communication how the sections of Act No. 300 violate the principles of the Convention, since paragraph 1(a) of Article 1 of the Convention establishes seven specific criteria for discrimination likely to nullify or impair equality of opportunity or treatment in employment or occupation (race, colour, sex, religion, political opinion, national extraction or social origin) and none of the seven criteria for discrimination has been mentioned in the points raised in the SNT's communication. In these circumstances, the Committee considers that the questions raised by the SNT do not fall within the framework of the Convention.

3. Finally, the Committee notes with interest the adoption of Act No. 393 of 1997 on enforcement procedures, which can be brought by any person, physical or legal, whose interests have been harmed by the failure of a public authority to comply with a law or administrative act. The Committee would be grateful if the Government would inform it whether under this Act, cases can be brought for acts of discrimination in employment and occupation.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with satisfaction the adoption, following receipt of technical assistance from the Office, of Ministry of Labour and Social Security resolution No. 3716 of 3 November 1994 which restricts the requirement of a pregnancy test for obtaining employment in both the private and public sectors to employment or occupations where pregnancies might be at risk. It also notes with satisfaction the adoption of resolution No. 3941 of 24 November 1994 which specifies that such employment and occupations shall be only those listed as "high risk" in Decrees Nos. 1281 and 1835 of 1994. It also notes with interest the copy of the Ministry of Labour's circular, addressed to all regional labour directors and labour inspectors, recalling the importance of verifying compliance with the constitutional provisions on equality of opportunity between men and women, including the elimination of sex-based discrimination and sexual harassment.

2. The Committee also notes with satisfaction the Constitutional Court ruling of 21 April 1994 which declares unconstitutional the listing, by virtue of section 1 of Act No. 61 of 1987 on the career public service, of certain posts as exceptions to the career public service. The ruling refers, among others, to those exceptions raised in previous observations as being potentially discriminatory since they left a large number of general posts classified as "posts of free appointment and dismissal", namely subsection (j) concerning part-time posts; and subsections (f), (g) and (i) concerning the General Directorates of Customs and Taxes and public employees of state-run industrial and commercial establishments which were held to be constitutional subject to the condition that the posts do not, by their content, correspond to public career posts or that they refer to directorate-level posts or posts of confidence. According to the Government's report, this ruling clarifies that "posts of free appointment and dismissal" are only those at the directorate level or, exceptionally, those at other levels involving positions of trust. The effect of the ruling is that these posts have become posts of the career public service, and only those limited exceptions allowed by Article 1, paragraph 2 of the Convention remain subject to free appointment and dismissal.

3. With regard to its previous request for copies of any texts regulating access to and conditions of employment in certain posts excluded from the career public service, the Committee notes with interest Decree No. 1221 of 28 June 1993 concerning capacity building in the national public service and Decree No. 1222 of the same date (amended by Decrees Nos. 256 and 805 of 28 January and 21 April 1994) prescribing the rules for selection, promotion and evaluations in the career public service, which now cover those posts deemed to be within the career public service following the above-mentioned Constitutional Court ruling.

4. These texts have been adopted by virtue of new legislation which also has an impact on the Committee's previous observation. Act No. 27/1992, which entered into force on 3 February 1993, to amend the Career Public Service Act No. 61 of 1987 - and Decree No. 256 mentioned above - state that access to and capacity building and promotion within the public service shall take place through systems which allow for democratic participation in a context of equality of opportunities. According to section 2, the Act also extends the career public service system to those posts previously not covered, such as employees of territorial administrations. In addition, the Committee notes with satisfaction implementing Decree No. 1224 of 28 July 1993, which prescribes the steps to be taken by such state employees for entry into the career public service.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information contained in the Government's report in reply to its previous comments.

1. Application of the Convention in the national public service. For many years the Committee has been making comments on the possibility under the legislation of discriminatory measures - particularly on grounds of political opinion - liable to be used in appointments to the public service. The Committee recalls that by virtue of Decrees No. 2400 of 1968, amended by Act No. 61 of 1987, and No. 1950 of 1973, the power of free appointment and dismissal applies to many posts (for example, employees of the General Directorates of Customs and Taxes, public employees of State-run industrial and commercial establishments and part-time posts) and that this could lead to decisions being taken in an arbitrary manner, contrary to the Convention. The Committee notes with interest that the new Constitution of 1991 provides, in its article 13, that there can be no discrimination against workers on the grounds of sex, race, national or family origin, language, religion and political opinion or philosophy and requires, in its article 53, that the labour legislation which is to be adopted shall take into account certain fundamental principles, including equality of opportunity for workers. It also notes with interest article 125, paragraph 5, of the Constitution according to which political affiliation can in no way count in appointment to, advancement in or dismissal from the career public service. The Committee nevertheless notes that Act No. 61 of 1987 remains in force and that a large number of posts are therefore still excluded from the career public service and subject to free appointment and dismissal. It accordingly asks the Government to take measures to ensure that those posts subject to free appointment are limited to those higher posts involving special responsibility for the execution of government policy, as allowed by Article 1, paragraph 2, of the Convention, and to inform the Committee of any progress made in this respect.

In addition, the Committee notes that under section 1, paragraph 3, of Act No. 61 of 1987, the Government was to set rules concerning the selection, promotion and termination of employees of the General Directorates of Customs and Taxes which are excluded from the career public service. It requests the Government to supply copies of any texts which may have been adopted.

2. Application of the Convention at other levels of the public service. In previous comments, the Committee had noted, and the Government had acknowledged, that there had been cases of discrimination based on political opinion at the regional level of the public service. The Committee notes that under article 125, paragraph 1, of the 1991 Constitution "employment in State bodies and entities shall be career posts". It notes with interest the Government's statement that this means that the career public service has been opened up to extend to employment at the departmental and municipal levels, thus restricting the power of free appointment and dismissal available at those levels, and that the number of posts that could be listed as career posts has been increased. The Committee would be grateful if the Government would communicate with its next report copies of the laws or regulations which regulate the career public service at the departmental and municipal levels.

3. Discrimination on grounds of sex. In relation to the comments made by the Workers' Central Organization (CUT) in 1989 concerning practices which are discriminatory on grounds of sex, such as negative pregnancy testing before employing a woman, lower wages for women and absence of protection against sexual harassment, the Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is to issue a resolution expressly banning the requirement of a pregnancy test for obtaining employment and that it will send to labour inspectors a circular requiring them to make sure that there is no discrimination based on sex or sexual harassment. The Committee hopes that this resolution and the circular will be issued in the near future and requests the Government to furnish copies of them once they are adopted.

The Committee again expresses the hope that the Government will provide information on the practical effect given to Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination against women in employment and provides for measures of inspection and supervision in relation to education and training.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments and takes note of the Government's report received in January and November 1990.

1. Application of the Convention in the Public Service

In previous comments, the Committee has noted that by virtue of the provisions of the national legislation (Decrees Nos. 2400 of 1968 and No. 1950 of 1973) the power of free appointment and dismissal may be exercised by a large number of public servants and applies to many posts, and that this could lead to the adoption of decisions that are arbitrary and contrary to the Convention. The Committee takes note of Act No. 61 of 1987 transmitted by the Government, which, inter alia, issues rules on careers in the administration. Section 1 of this Act amending and supplementing Decree No. 2400, specifies the posts subject to free appointment and dismissal. The Committee notes that free appointment and dismissal still apply to a large number of posts and have been extended to those of rectors, vice-rectors and deans of universities and their secretariat staff, and to employees of the General Directorate of Customs and Taxes.

With regard to public employees in industrial and commercial state enterprises (section 1(i) of Act No. 61 of 1987) which are included in the category subject to free appointment and dismissal, the Committee duly notes that section 3 of Decree No. 1950 of 24 September 1973 defines public employees as persons holding the management posts or positions of trust specified in the statutes of such enterprises. The Committee wishes to point out that, even in the case of management posts or positions of trust, the appointment and dismissal of their holders should not automatically be freed from the protection against discrimination laid down in the Convention, particularly discrimination on grounds of political opinion.

The Committee notes in this connection that according to Report No. 259 of the Committee on Freedom of Association (Case No. 1465) (Executive Decrees No. 1044 of 1987 and No. 510 of 1988), 478 "official workers" were reclassified as public employees at Colombian National Railways and are therefore subject to free appointment and dismissal and consequently to possible discrimination contrary to the Convention. In this connection, the Committee refers to its General Survey of 1988 on Equality in Employment and Occupation, and particularly to the indications concerning the manner in which the terms of Article 1, paragraph 2, of the Convention should be applied, according to which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. As regards the public service in particular, it is admissible to take account of the political opinions of those concerned only in the case of certain higher posts which are directly concerned with implementing government policy.

In its previous observation, the Committee referred to the allegations of the United Central Workers' Organisation (CUT) that dismissals for political reasons are still occurring in the public sector owing to the absence of a true administrative career structure and that the relevant provisions in force are only applied at national level. The Committee notes the Government's statement in its report, that the administration is alert to the matter and has exercised strict control to avoid further dismissals of this nature which occur particularly at regional level. The Committee notes with interest the Circular of 28 June 1989 sent for this purpose by the Ministers of Government and Labour and Social Security to the heads of all provincial and local administrations.

The Committee also notes with interest Act No. 10 of 1990 to reorganise the National Health System and establish rules governing the administrative careers of personnel in the National Health system, including the provincial and local public health sectors. Section 27 of the Act provides that municipalities must apply the administrative career rules by 30 July 1991 at the latest, and the other levels of administration before 30 December 1990. The Committee notes the Government's statement that, pending the issuance of rules governing careers in local and provincial administrations for public employees in all other departments, municipalities and mayors shall apply to their employees the disciplinary system established for public employees in the national administration in Act No. 13 of 1984 and Regulatory Decree No. 482 of 1985.

The Committee requests the Government to report on measures taken or envisaged to limit the jobs subject to free appointment and dismissal at both national level and local levels of administration so as to prevent dismissals of a discriminatory nature and particularly dismissals on grounds of political opinion or affiliation. The Committee hopes that the Bill to establish an administrative career structure at levels other than the national level, to which the Government referred previously, will be adopted shortly and that the Government will continue to report on measures taken to eliminate discrimination in employment for political reasons, in conformity with the Convention.

2. Discrimination on grounds of sex

The Committee recalls the allegations of the CUT concerning practices which are discriminatory on grounds of sex: negative pregnancy test before employing a woman, lower wages of women in percentage terms and absence of protection against sexual harassment.

The Committee again requests the Government to provide information on the allegations submitted by the United Central Workers' Organisation and on any measures taken or envisaged to implement the Convention in respect of the matters raised, in particular on the practical effect given to the provisions of Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination in employment and provides for measures for inspection and supervision in this field.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee noted that Act No. 13 of 9 March 1984, respecting the disciplinary system, and Decree No. 583 of 1984, regulating special enrolment in the administrative careers system, apply to persons employed at the national level and it requested the Government to supply information on the measures that have been taken or are envisaged to ensure employees of departments and municipalities the protection of an administrative career and protection against dismissal, except for previously established breaches and following a special procedure as provided for in Act No. 13 and Decree No. 583 of 1984 for persons employed at the national level.

The Committee notes the Government's indications to the effect that departmental assemblies and municipal councils are competent to issue the corresponding rules for their jurisdictions, although it is probable that, in accordance with the fundamental objective of the Government to give the state administration an effective administrative career structure, the legislative body will regulate this structure at all levels.

The Committee requests the Government to continue supplying information on this matter and refers to the comments that it makes in its observation concerning the protection granted by the Convention against discrimination on grounds of political opinion or affiliation.

2. The Committee notes that the Ministry of Labour and Social Security has promoted the examination and analysis of particular situations which create conflicts and give rise to discrimination against women at work, and has prepared various proposals, among which are the creation of the Office of Labour and Social Security Affairs for Women (report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women, CEDAW/C/5/Add.32, of 21 January 1986).

The Committee requests the Government to indicate whether the Office of Labour and Social Security Affairs for Women has been set up and, if so, to supply information on the activities undertaken by it.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report and the comments submitted by the United Central Workers' Organisation (CUT) in a communication dated 3 March 1989 concerning the application of the Convention.

1. Discrimination for political reasons in the public service

In its previous comments, the Committee noted that posts in the public service are career administration posts or posts subject to "free appointment and dismissal" ("cargo de libre nombramiento y remoción", section 3 of Decree No. 2400 of 1968 and 18 of Decree No. 1950 of 1973) and that the latter posts can be declared abolished at any time "in accordance with the power held by the Government freely to appoint and dismiss its employees" (section 107 of Decree No. 1950 of 1973). The Committee also noted that for ten years, as a result of the declaration of the state of emergency, the Decrees on administrative careers had been suspended and all officials who entered the public service at that period were subject to "free appointment and dismissal".

When the state of emergency was lifted, the Decrees on administrative careers came back into force, but non-permanent posts continue to be subject to "free appointment and dismissal".

The Committee referred to section 3 of Decree No. 2400 and section 18 of Decree No. 1950, concerning the offices of "free appointment and dismissal", which include staff members of the secretariats of certain administrative authorities which perform auxiliary functions, part-time employees and those coming, inter alia, under the staff regulations of public establishments.

The Committee requested the Government to supply information concerning the authorities which exercise the power of "free appointment and dismissal" and concerning the number of employees in posts of this type.

With reference to the power of free appointment and dismissal, the Government indicates that this is exercised, firstly, by the President of the Republic, who appoints ministers, junior ministers, heads of administrative departments, superintendents, managers of national public establishments and governors. These in turn appoint employees who are subject to "free appointment and dismissal" in the bodies for which they are responsible.

With regard to declaring jobs abolished, the Government indicates that this is a manner of dismissing a public employee from his post, as a result of the wish of the administration, and that the latter is not obliged to give reasons for the act of declaring the post abolished, although there must exist just causes for its decision.

The Committee wishes to refer to paragraphs 112 et seq. of its 1988 General Survey on Equality in Employment and Occupation in which it indicates that "in the context of efforts to promote equality of opportunity and treatment in employment, the concept of security of tenure denotes in effect the guarantee that dismissal must not take place on discriminatory grounds, but must be justified by reasons connected with the worker's conduct, his or her ability or fitness to perform his or her functions ..."

The Committee notes that under the above provisions of the national legislation, the power of free appointment and dismissal can be exercised for a fairly large number of employees and can include a large number of posts. This broad discretional power to appoint and dismiss employees opens up the possibility of arbitrary decisions that are contrary to the Convention, without those affected being able to defend themselves effectively.

The Committee notes that the concerns that it has been expressing for several years in this connection coincide with the comments submitted by three national workers' organisations concerning the effect given in practice to the Convention.

In its comments set out in a communication dated 3 March 1989, the CUT alleges the existence in practice of discrimination for political reasons in the public service. Many workers have been dismissed from their posts when there have been political changes in the public authorities. By way of illustration, the CUT alleges that more than 100 workers, who did not belong to the political party of the Governor who was appointed in 1987, were dismissed in Sucre; more than 50 employees in the District Treasury and Health Secretariat were dismissed following changes in the political coalitions in the Council of Bogotá at the end of 1988 and many public employees in various municipalities in the Valle del Cauca were dismissed following the election of mayors in 1988.

The CUT states that the absence of a true administrative career structure and the use of the procedure of declaring jobs abolished (a procedure under which an official appointed to a post that is subject to "free appointment and dismissal" may be dismissed without giving reasons for so doing) facilitates a practice known as "patronage" and that the implementation of an administrative career structure appears to be a prerequisite for the eradication of such discriminatory practices.

In previous comments, the Committee referred to the same issues, which had been the subject of comments (on the application of the Convention) submitted by various workers' organisations; by the Workers' Union of Colombia (UTC) in 1979 and the General Confederation of Labour (CGT) in 1982.

The Committee notes that the allegations of the above organisations coincide in referring to the existence of discrimination on grounds of political affiliation in the public service, where posts are attributed on the basis of quotas reserved for the political leaders, the use of the procedure of declaring jobs abolished for this purpose and the urgent need to introduce an administrative career structure as a means of eradicating these practices.

The Committee requests the Government to examine the provisions respecting the power to freely appoint and dismiss in the light of the Convention so that decisions respecting the appointment and dismissal of employees are subject to objective criteria and guarantees that are explicitly set out in law and ensure the observance of the Convention, which is to protect workers against discrimination on grounds of political opinion.

The Committee also requests the Government to supply information on the distinction that exists between "public employees" and "official workers" and to specify employees who belong to one or the other category and the rules which are applicable to them.

The Committee hopes that the Government will supply detailed information on the questions that have been raised and on the allegations of the CUT concerning the dismissal of workers in the public sector in Bogotá, Sucre, Valle del Cauca (Candelaria, Roldanillo) and Antioquia. The Committee also hopes that the Government will supply information on the measures that have been taken or are envisaged to give effect to the Convention on these matters.

2. Discrimination on grounds of sex

The Committee notes the information contained in the report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.32) of 21 January 1986, according to which discrimination in employment on grounds of sex exists, due to the legislation that is in force and to cultural attitudes.

The CUT also refers in its comments to the existence in practice of discrimination on grounds of sex, since many enterprises in practice require a negative pregnancy test before employing a woman and since the wages of women in enterprises are lower in percentage terms. Furthermore, the CUT alleges that there is no protection against the sexual harassment to which women workers are subject in many cases, both for access to employment and for its maintenance, and to obtain promotion and transfers.

The Committee hopes that the Government will supply detailed information regarding the allegations submitted by the United Central Workers' Organisation and on the measures that have been taken or are envisaged to implement the Convention in relation to the matters that have been raised.