Texts of pending comments

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously welcomed the measures taken by the Government to combat trafficking in persons and protect victims within a broad and coordinated policy, and requested the Government to continue taking measures to implement the second national strategy to combat trafficking in persons.

The Government reports the adoption of a new strategy to combat trafficking in persons for 2020–2024. The Committee welcomes the fact that the strategy is the product of a participative process with the Inter-institutional Committee to Combat Trafficking in Persons and based on input from the evaluation of the previous strategy. Apart from reinforcing the normal lines of action (coordination, protection, investigation, data, prevention, international cooperation), the strategy widened its coverage to include other elements/areas, such as the question of restoring the rights of victims, care for migrant populations, or the inclusion of areas with no State presence.

The Committee also notes the abundant and detailed information provided by the Government on:

– Data and analysis of the trafficking phenomenon. In this regard, the Government specifies that Colombia is one of the epicentres of trafficking in persons in two ways: the first, where persons, principally women, are tricked and taken abroad for the purpose of exploitation; and the second, because Colombia is at the crossroads of transfer of victims coming from other countries in Latin America. Out of the 1208 victims who between 2008 and June 2021 benefited from protection and care services, the large majority are women (961), Colombian women (1051), Venezuelan women (110), victims of trafficking for sexual exploitation (708), forced labour (247) or servitude (23), externally trafficked (975), or internally trafficked (223). According to the Government, a major risk of vulnerability has been identified which is related the economic effects of the COVID-19 pandemic among persons already in a precarious situation (the lowest wages, informal sectors, irregular migrants, temporary workers);
– the formulation of a psychosocial aid protocol for victims of trafficking;
– action by the Office of the Public Prosecutor (FGN), through the Delegate for Citizen Security and the Delegate against Organized Crime (two posts held by women) which have specialized attorneys to prosecute trafficking cases, as well as various specialized judicial police. Work was undertaken to characterize the criminal phenomenon, so as to facilitate the investigation of cases, with the aim of increasing effective prosecution and to provide differentiated care to victims;
– improved access to justice for victims, through telephone, written and electronic channels administrated by the FGN Contact Centre, which provides a system helping complainants to register information, with a view to having better quality data at the outset of investigations;
– complaints and prosecutions coming through the Office of the Public Prosecutor: between July 2017 and May 2021, there were 718 complaints, corresponding to 531 victims, which resulted in 614 prosecutions, with 40 completed rulings.

The Committee notes, according to the Government, that among the main obstacles to the investigation of trafficking identified are the lack of in-depth knowledge and approach to cases among legal system actors, the refusal by victims to take part in the stages of the criminal procedure and the invisibility of certain cases, which makes it difficult to make the problem visible and attack criminal networks. The Committee also observes that although the CTC, CUT and CGT recognize the measures taken in respect of awareness-raising, training, complaints and investigation, they emphasize the acute need to determine the effects and results of these measures to establish whether they are having a real impact on protection of the most vulnerable, restoring the rights of victims and reducing levels of forced labour.

The Committee encourages the Government to pursue its efforts to prevent the trafficking of Colombian citizens abroad and to combat the trafficking of persons on national territory, and requests it to indicate the measures adopted under the main lines of action in the national strategy (in particular prevention, protection, data collection and international cooperation). The Government is also requested to provide information on the protection given to victims, including measures for remedy and rehabilitation, and on the measures to encourage them to collaborate in the investigations and criminal proceedings. The Committee also requests the Government to provide information on the measures taken to strengthen the system for identification of trafficking, as well as on the legal proceedings undertaken against perpetrators and the convictions handed down.

Articles 1(1) and 2(1). Vulnerable workers in illegal mines and risk of forced labour. The Committee notes the information provided by the Government regarding activities to prevent trafficking in persons in regions of the country where mining takes place, as well as on the preventive visits and reactive inspections undertaken by the labour inspectorate of the territorial directorates and the penalties imposed.

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

Article 2(2)(a) of the Convention. Purely military character of work exacted in the context of compulsory military service. The Committee has previously emphasized that the conception of compulsory military service in Colombia (Act No. 1861 of 2017 regulating the recruitment service and the monitoring and mobilizing of the reserve), which may be exacted in various forms, is broader than the exception allowed by the Convention. Thus, the various activities that the conscripts may undertake as part of the military service are not of a purely military character and are therefore not in conformity with the exception allowed in Article 2(2)(a) of the Convention, which excludes from its scope of application only work or service exacted in virtue of compulsory military service laws for work of a purely military character. The Committee highlighted in particular the situation of persons who have completed secondary education who carry out their military service in the National Penitentiary and Prison Institute (INPEC), and conscripts who carry out activities relating to the conservation of the environment and of natural resources in the “environmental” service.

The Committee recalls that compulsory military service in Colombia is of 18 months’ duration or 12 months for graduates of secondary education and comprises four stages: basic military training, training in productive work, application in practice of the basic military training and a period of rest. Under section 16 of Act No. 1861 of 2017, at least 10 per cent of personnel in each intake shall complete “environmental” service, that is, support activities aimed at protecting the environment and natural resources.

With regard to compulsory military service in the INPEC, the Government indicates in its report that within the framework of the agreements concluded between the Ministries of National Defence and of Justice and the INPEC a certain number of secondary education graduates are divided into four auxiliary contingents in the INPEC prison guard service. After three months’ prison-specific training, the auxiliaries assist in the basic penitentiary centre activities of security, custody, surveillance and treatment of prisoners.

With regard to environmental service, the Government refers to Decree No. 977 of 7 June 2018, under which the Ministry of National Defence, in coordination with the Ministry of the Environment and Sustainable Development, sets out guidelines for basic support activities aimed at protecting the environment and renewable natural resources, as an extension of the constitutional mission of the Military Forces and the National Police. The Government indicates that within the framework of its mandate, the National Police has a specialized branch of Environmental and Natural Resource Police, responsible for assisting the competent authorities in the defence and protection of the environment. In accordance with Act 1861 of 2017, the National Police included the protection of the environment and natural resources among the activities to be carried out by the police auxiliaries during their military service in the Institution.

With respect to the training in productive work, the Government indicates that the Ministry of National Defence and the National Apprenticeship Service establish the types of training for productive work available to military service conscripts, giving priority to training that is in line with each institution’s mission. The aim is to contribute to the promotion and strengthening of human talent, training, updating, certifying and increasing levels of qualification and developing technical and technological occupational skills.

The Government considers, as a social duty of young people towards the country, that both the services provided by the secondary education graduates in the INPEC, and the experience of the police auxiliaries within the environmental services, offer a useful opportunity to develop skills that will allow them to enter the world of work. The Government adds that with the de-escalation of the armed conflict, military service has evolved from military to social service in urban areas. Nevertheless, it retains its particular character due to the presence of armed groups, which puts the physical integrity of all members of the security forces at constant risk. For this reason, the Government considers that Act 1861 of 2017 has provided benefits and safeguards to the conscripts, it being necessary for military service in its various forms to be maintained, as an effective tool for achieving the goals of the State.

The Committee notes the explanations provided by the Government and recognizes that Governments may have a legitimate need to establish a compulsory military service. The Committee recalls in this regard that military service is outside the scope of the Convention, but conditions have been placed on this exception to prevent it from being diverted from its fundamental purpose and used to mobilize conscripts for public works or other tasks that are not of a purely military character. While recognizing and valuing the social and environmental considerations underlying the diversification of the tasks undertaken as part of compulsory military service, the Committee recalls that these tasks are nonetheless undertaken within a framework of legal obligation of service deriving from compulsory military service.

Therefore, the Committee trusts that the Government will take the necessary measures to review the legislation regulating obligatory military service in the light of the provisions of Article 2(2)(a) of the Convention, under which any work or service extracted in virtue of compulsory military service laws must be of a purely military character. The Committee requests the Government to provide information on the total number of conscripts who are enlisted in compulsory military service, the number of conscripts who perform their service in the National Penitentiary and Prison Institute (INPEC), the number of conscripts who perform it in the “environmental” service and the number of conscripts who undertake occupational training, together with the duration of the training.

The Committee recalls that the Government may avail itself, should it so wish, of the technical assistance of the ILO, with a view to resolving the difficulties raised concerning the application of the Convention.

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

In its previous comment, the Committee noted the criticisms of the trade union confederations concerning the excessive slowness and deficiencies of the arbitration system in relation to collective bargaining and the Government’s indication that it was examining the possibility of a legislative amendment to overcome the difficulties that had been observed in the operation of the procedure. The Committee therefore requested the Government to engage in discussions with the social partners to improve the efficiency of mediation, conciliation and arbitration procedures in relation to collective labour relations.

The Committee notes that, after recalling the legislative framework applicable to arbitration procedures, the Government indicates that: (i) a series of initiatives have been taken to facilitate the various administrative processes of the procedure, and particularly the increased use of information technologies and virtual platforms; (ii) in 2019, the Ministry of Labour received 171 requests to set up arbitration tribunals and convened 87 tribunals over the same period; (iii) during 2020, it received 80 requests and convened 69 arbitration tribunals; and (iv) between 1 January and 26 August 2021, it received 120 requests and convened 68 tribunals.

The Committee notes that the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) reiterate their criticism of the procedure, and denounce in particular: (i) its excessive slowness and the various possibilities that exist throughout the process for further delays; (ii) the procedure for the appointment of the arbitrators, which they indicate is unfavourable to workers; (iii) the inadequacies of Decree No. 17 of 2016 which, among other criticisms, defines excessively restrictively the powers of arbitrators and does not require specific training or experience of collective disputes; and (iii) the suspensive effect of appeals to set aside arbitration awards, which makes it possible to delay their effective application for years. Finally, the trade union confederations indicate that arbitration tribunals to resolve collective disputes should be voluntary and convened with the agreement of both parties.

The Committee finally notes the observations of the National Employers’ Association of Colombia (ANDI), which indicates that, although arbitration tribunals have various disadvantages in practice associated with malpractices and the operational limitations of the public institutions involved in their operation, they are nevertheless a mechanism for the protection of the collective rights of workers. The ANDI adds that the list of arbitrators drawn up by the Supreme Court of Justice includes lawyers, who are often close to trade unions. The Committee notes that the ANDI goes on to identify a series of operational difficulties in the process: (i) the delays in establishing arbitration tribunals; (ii) the lack of requirements for the professional competence of arbitrators; (iii) the withdrawal of claims and the commencement of a new collective dispute by trade unions, which has the effect of prolonging indefinitely the special protection of workers against dismissal; (iv) the very long duration of the arbitration process; and (v) the great length of the process for setting aside arbitration awards in the event of appeals. The Committee finally notes that the ANDI proposes, through tripartite social dialogue and with ILO support, the development of a mechanism for the training of arbitrators clearly focused on the resolution of disputes.

Recalling once again the importance for the effective promotion of collective bargaining of the existence of effective machinery for the voluntary settlement of collective disputes and observing that both workers’ organizations and employers’ organizations are calling for a series of modifications in this respect, particularly in relation to the need to make the various stages of the process significantly more flexible, the Committee: (i) requests the Government to engage in discussions with the social partners with a view to improving the efficiency of mediation, conciliation and arbitration procedures in relation to collective labour relations, including through legislative and regulatory reforms; and (ii) invites the Government to strengthen the mechanisms for the training of arbitrators. The Committee requests the Government to provide information in this regard and reminds it that it can avail itself of the technical assistance of the Office.

The Committee notes the joint observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) received on 1 September 2021. The Committee notes that these observations relate to matters examined by the Committee in its comments, as well as allegations of violations of the Convention in practice. The Committee also notes the allegations of anti-union discrimination contained in the observations of the International Trade Union Confederation relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 1 September 2021, as well as the Government’s comments in this regard.

The Committee also notes the observations of the National Employers’ Association of Colombia (ANDI), transmitted by the International Organisation of Employers (IOE) on 1 September 2021, which refer to matters raised in the Committee’s previous direct request relating to this Convention and, in relation to the matters examined in the present observation, refer to its 2020 observations.

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, having noted the slowness of the various administrative and judicial mechanisms for protection against anti-union discrimination and the recurrent criticisms by the unions concerning their lack of effectiveness, the Committee requested the Government, in consultation with the social partners, to launch a comprehensive examination of these mechanisms with a view to the adoption of the necessary measures to ensure the rapid imposition of effective sanctions in the event of anti-union acts. The Committee notes the Government’s indication that, in the context of the national inspection strategy, the Department of Territorial Inspection, Supervision, Control and Management formulates an annual strategic plan which includes within its priorities enterprises which have registered collective accords and contracts.

The Committee notes that the Government also refers to the administrative investigations undertaken by the Ministry of Labour into anti-union discrimination, in relation to which it provides the following statistics: (i) in 2020, there were 351 administrative labour disputes relating to complaints of acts against freedom of association and collective bargaining, of which 83 gave rise to a decision (of which 51 were given effect); (ii) between 1 January and 15 June 2021, there were 92 administrative labour disputes, of which 13 gave rise to a decision (of which four have already been given effect). The Committee notes that the Government also provides information on the general activities of the labour inspectorate, including detailed descriptions of the measures adopted by the labour inspectorate during the health emergency resulting from the COVID-19 pandemic, on inspection procedures relating to penalties and the collection of fines and on the frequent training courses provided to labour inspectors.

The Committee further notes the information provided by the Government on the investigations undertaken under section 200 of the Penal Code, which criminalizes violations of the rights of association and assembly, subjects that have been examined by the Committee in recent years within the context of Convention No. 87 in relation to acts of anti-union violence. The Committee notes the Government’s indication that: (i) the Office of the National Public Prosecutor received a total of 90 complaints during the course of 2020, which was clearly lower than in previous years, probably, as emphasized by the Government, due to suspensions of work as a result of the COVID-19 pandemic; (ii) in one case, the issue was the subject of conciliation; in five cases the case was set aside due to related offences, or in other words the Public Prosecutor decided to continue the investigation under other criminal charges; 29 cases were set aside, either because there was no evidence of a crime or the complainant was not legitimate; of the 90 cases, 53 are still active (48 at the pre-trial stage and five under investigation). The Committee notes the Government’s further indication that the Ministry of Labour and the Office of the National Public Prosecutor have created an elite group with a view to promoting the investigation of anti-union offences.

The Committee also notes that the trade union confederations reiterate their denunciation of the ineffectiveness of the various administrative and judicial protection mechanisms against anti-union discrimination. With reference to administrative labour disputes, the confederations indicate that: (i) the procedure envisaged in section 354 of the Substantive Labour Code is not expeditious and in practice is excessively slow; (ii) on the basis of the statistics provided by the Government, only 11.5 per cent of the administrative labour disputes registered in 2020 and 2021 have so far resulted in a decision, without taking into account the possibility of appeals in those cases; the preliminary verification stage may last four or five years and many disputes from previous years have still not been resolved. The Committee notes that, in relation to the investigations by the Office of the National Public Prosecutor into complaints of violations of section 200 of the Penal Code, the trade union confederations indicate that: (i) following ten years of the labour action plan, in the context of which section 200 was amended, there have still been no investigations or sanctions imposed by the Office of the National Public Prosecutor; (ii) in addition to the consequences of the COVID-19 pandemic, the reduction in 2020 in the number of complaints of violations of section 200 is due to the loss of credibility of the mechanism, which suffers in particular from very long delays. The Committee finally notes that the trade union confederations once again denounce the absence of an expeditious judicial mechanism for protection against acts of interference and anti-union discrimination (with the exception of the special procedure for lifting trade union protection). Providing information on a series of specific cases, they indicate in this respect that: (i) unions only have access to ordinary labour courts through procedures that often take longer than four or five years, which makes the mechanism inoperative for the restoration of rights; and (ii) in the majority of cases, the courts find that appeals for constitutional protection, which are the most expeditious, are not valid to protect freedom of association, as there are other means of defence, such as the ordinary labour courts and the administrative penalty procedure of the Ministry of Labour.

The Committee notes the various elements provided by the Government and the unions. The Committee observes in this respect that: (i) the available data shows that the examination of administrative labour disputes in relation to freedom of association often takes a very long time; (ii) the Government has not provided information on cases in which criminal penalties have been handed down for violations of section 200 of the Penal Code, despite the high number of criminal complaints lodged since 2011; and (iii) the Government has still not expressed a view on the effectiveness of cases brought before labour tribunals. In this context, the Committee regrets that the Government has not provided information on the preparation of a comprehensive examination of the existing protection mechanisms against anti-union discrimination in consultation with the social partners, despite the Committee making this request on several occasions since 2016, and the request to the Government made by the Committee on Freedom of Association several times (Case No. 3061, 381st Report, March 2017, and Case No. 3150, 387th Report, October 2018). In light of the above, recalling the fundamental importance of protection against anti-union discrimination for the effective exercise of freedom of association, the Committee urges the Government, after consulting the social partners, to take the necessary measures, including through laws and regulations, to revise the procedures for the examination of administrative labour disputes in relation to freedom of association, on the one hand, and the judicial procedures concerning acts of anti-union discrimination and interference, on the other, in order to ensure that both are examined promptly and effectively. The Committee requests the Government to provide information on the progress made in this regard and recalls that it may avail itself of the technical assistance of the Office.

Articles 2 and 4. Collective accords with non-unionized workers. The Committee recalls that it has been requesting the Government since 2003 to take the necessary measures to ensure that collective agreements with non-unionized workers (collective accords) can only be concluded in the absence of trade union organizations. The Committee notes that the Government reiterates its position, in line with that of the ANDI, that: (i) collective accords with non-unionized workers are a form of social dialogue and collective bargaining recognized and regulated by the law and the case law of the Constitutional Court; and (ii) within this framework, collective accords can only be concluded when there is no union in the enterprise representing over one-third of the workers and the conditions negotiated in collective accords and agreements must be the same to prevent anti-union discrimination and any breach of the principle of equality. The Committee notes that the Government also indicates that the undue use of collective accords is being closely monitored by the competent authorities and penalized where necessary, and that their impact on association in unions is under examination in accordance with the considerations of the Organisation for Economic Co-operation and Development (OECD), the United States and Canada. The Government indicates in this regard that: (i) the labour inspection services carried out 23 planned inspections in 2020 of enterprises focussing on the use of collective accords; (ii) on 15 June 2021, the territorial labour inspection departments were examining 62 cases of the undue use of collective accords; (iii) through the Special Investigation Unit, 11 claims were being examined between January 2020 and 15 June 2021 relating to the undue use of collective accords; and (iv) as a result of the action described above, the number of collective accords concluded has decreased significantly, from 253 deposited in 2016 to 73 in 2020.

The Committee also notes that the national union confederations reiterate their previous allegations in their observations concerning the anti-union impact of collective accords, even in cases where the benefits of collective accords, which apply to non-unionised workers, are not more favourable than those agreed in the corresponding collective agreements. The trade union confederations also denounce: (i) the practice of first concluding a collective accord with non-unionized workers so as to then impose during the negotiation of the collective agreement a ceiling on benefits that cannot be improved upon, which removes any relevance from the negotiations undertaken by the union, thereby acting as a powerful disincentive to trade union membership; (ii) the supervision of the Ministry of Labour in relation to the unlawful nature of collective accords is biased and ineffective, as it focuses solely on verification of whether the content of collective accords is more favourable than that of collective agreements, without examining the common practice described in the previous point nor the other anti-union strategies involved in the conclusion of collective accords; and (iii) the lower numbers of collective accords deposited in 2020 is probably the consequence of the COVID-19 pandemic, which also resulted in fewer collective agreements being concluded that year.

While noting the information provided by the Government on the action taken to control the use of collective accords on the basis of the current legislation, the Committee regrets to note that there has been no progress in taking into account the comments that it has been making for many years on the need to revise the abovementioned legislation. The Committee is therefore bound to recall once again that Article 4 of the Convention recognizes, as the parties to collective bargaining, employers or their organizations, on the one hand, and workers’ organizations, on the other, in recognition that the latter offer guarantees of independence that may be absent in other forms of association. The Committee has therefore always considered that direct bargaining between the enterprise and unorganized groups of workers, in avoidance of workers’ organizations, where they exist, is not in accordance with the promotion of collective bargaining, as envisaged in Article 4 of the Convention. Moreover, the Committee has repeatedly noted that in practice the negotiation of terms and conditions of employment and work by groups that do not offer sufficient guarantees to be considered as workers’ organizations can be used to undermine the exercise of freedom of association and weaken the existence of workers’ organizations with the capacity to defend the interests of workers independently through collective bargaining. In light of the above, the Committee once again urges the Government to take the necessary measures to ensure that the conclusion of collective accords with non-unionized workers (pactos colectivos) is only possible in the absence of trade union organizations. The Committee hopes that the Government will be in a position to report progress in this regard in the near future.

Article 4. Personal scope of collective bargaining. Apprentices. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the remuneration of apprentices is not excluded by law from the scope of collective bargaining. The Committee notes the Government’s reiterated indication that, in accordance with the national legislation and the case law of the Constitutional Court, the apprenticeship contract is not a contract of employment, but is designed to help young persons who are still at the training stage. Recalling once again that the Convention does not exclude apprentices from its scope of application and that the parties to collective bargaining should therefore be able to decide to include the subject of their remuneration in their collective agreements, the Committee urges the Government to take the necessary measures to ensure that the remuneration of apprentices is not excluded by law from the scope of collective bargaining.

Subjects covered by collective bargaining. Pensions. After noting the Government’s indications that Legislative Act No. 1 of 2005 does not prevent the parties to collective bargaining, in both the public and private sectors, from improving on pensions through supplementary benefits based on voluntary savings, the Committee previously requested the Government to provide specific examples of collective agreements which provide for supplementary pension benefits. The Committee notes that the Government once again indicates that: (i) through voluntary savings, those covered by the Colombian pension system can make periodic contributions, or pay in amounts that are higher than the compulsory contributions set out by law, with a view to receiving a higher pension; and (ii) the possibility for a third party to pay contributions on behalf of the beneficiary makes it possible for the employer to act as a sponsor, and the possibility therefore exists for this supplementary benefit to be covered by collective bargaining. The Committee nevertheless observes that the Government has not provided specific examples of collective agreements which contain clauses of this nature. The Committee therefore reiterates its request for information on the application of this possibility in practice. It also invites the Government, in its activities to promote collective bargaining, to inform the social partners of the possibility, within the framework of and in accordance with the General Pensions System, to negotiate clauses in collective agreements providing for supplementary pension benefits.

Promotion of collective bargaining in the public sector. The Committee notes with satisfaction the Government’s indication that a new National State Agreement was concluded on 18 August 2021 with all the confederations in the country which benefits around 1,200,000 public sector workers. The Committee notes in particular the Government’s indication that: (i) in accordance with the agreement, Decree No. 961 of 22 August 2021 was adopted setting the remuneration for positions exercised by public employees in the executive branch, autonomous regional and sustainable development corporations, and issuing other provisions; and (ii) the agreement contains a series of clauses intended to reinforce the protection of the exercise of freedom of association in the public sector. The Committee also notes the indications by the CUT, CTC and CGT which: (i) welcome the conclusion of the agreement; (ii) nevertheless regret the high level of non-compliance with previous agreements, as noted by the Commission for the verification of the agreements concluded between the National Government and workers in the State sector, which met in July and August 2021; and (iii) denounce the role played by the Office of the Comptroller General of the Nation and its departmental offices which, through investigations into potential prejudices to the resources of public bodies, is undermining compliance with the agreements that have been concluded, and is likely to have a dissuasive effect on future negotiations. The Committee requests the Government to pay due attention to the observations of the trade union confederations and to indicate the action taken in this regard.

Promotion of collective bargaining in the private sector. The Committee recalls that in its previous comments it noted with concern the very low level of coverage of collective bargaining in the private sector. The Committee also noted the indication by the trade union confederations that a series of both legal and practical obstacles and inadequacies resulted in the complete absence of collective bargaining above the enterprise level, which in turn contributed to the very low coverage of collective bargaining in the private sector. The Committee requested the Government, in consultation with the social partners, to take all measures in the near future, including legislative measures where appropriate, to promote the use of collective bargaining in the private sector at all appropriate levels.

The Committee notes the Government’s indication that: (i) 194 collective agreements were signed in 2020 (in comparison with 572 in 2019, 490 in 2018 and 380 in 2017); (ii) collaboration with the Government of Canada is continuing for the development of a registration system which will make it possible to determine the coverage rate of collective bargaining; (iii) it is still planned to amend Decree No. 089 of 2014 to facilitate bargaining in a context of a multiplicity of unions by providing that, where there are several unions in the same enterprise, they will be required to form a joint bargaining committee and submit unified claims; and (iii) and the Government continues to be willing to support and accompany, without interference, the social partners when they so request. The Committee also notes that the trade union confederations: (i) place emphasis on the reduction in the number of collective agreements concluded in 2020 and point to the possible effects of the COVID-19 pandemic in this regard; (ii) regret the continuing absence of multi-level bargaining; and (iii) consider that the case of professional football is symptomatic in this respect where the clubs, the Colombian Football Federation (FCF) and the Major Division of Professional Football (Dimayor), institutions which, according to the trade unions confederations, are competent to determine the working conditions in the sector, refuse to bargain with the Colombian Association of Professional Footballers (ACOLFUTPRO), in relation to which the Ministry of Labour set aside the complaint by ACOLFUTPRO concerning the refusal to negotiate.

While noting the information provided by the Government, reiterating indications provided in previous reports, the Committee regrets to note that, despite the very low level of coverage of collective bargaining in the private sector, the Government does not refer to any further specific measures or initiatives adopted to resolve this situation. The Committee particularly notes with concern the absence of action to facilitate bargaining at levels higher than the enterprise level in a context in which: (i) collective bargaining at the sectoral level, in contrast with enterprise bargaining, is not covered by a specific legislative framework (with the exception of the provisions of the Substantive Labour Code relating to the possibility of extending collective agreements) and is almost non-existent in practice (with the exception of the banana sector in Urabá; and (iii) workers in small enterprises may have difficulty in gaining access to enterprise-level collective bargaining as they do not have enterprise unions, for the establishment of which a minimum of 25 members is required.

Recalling once again that, under the terms of Article 4 of the Convention, collective bargaining should be possible at all levels and should be promoted in a manner that is appropriate to national conditions and that, in accordance with Article 5(2)(d) of the Collective Bargaining Convention, 1981 (No. 154), which has been ratified by Colombia, the Government is required to ensure that collective bargaining is not hampered by the absence of rules governing the procedure to be used or by the inadequacy or inappropriateness of such rules, the Committee requests the Government: (i) following consultations with the social partners, to take measures, including legislative measures, for the effective promotion of collective bargaining in the private sector, especially at levels higher than the enterprise level; and (ii) to provide detailed information on the coverage rate of collective bargaining in the private sector.

Settlement of disputes. Committee for the Handling of Conflicts referred to the ILO (CETCOIT). The Committee notes the information provided by the Government on the activities of the CETCOIT, a tripartite body for the resolution of disputes relating to freedom of association and collective bargaining. The Committee notes with interest the Government’s indication that: (i) in 2020 and 2021, the CETCOIT held 71 meetings, during which 23 cases were identified for the promotion of conciliation decisions and agreements, with 48 follow-up meetings; (ii) agreements were concluded in 95 per cent of the cases, with the signature of 20 reports; (iii) effect was given to the recommendation made by the Committee on Freedom of Association in relation to Case No. 2657; and (iv) the conclusion was facilitated of two collective agreements in the private sector and one agreement in the public sector. The Committee welcomes the results achieved by the CETCOIT and requests the Government to continue providing information in this regard.

In its previous comments, the Committee noted the Government’s indications that the international affairs subcommittee of the Standing Committee for Dialogue on Wage and Labour Policies would follow up the comments made by the Committee of Experts on the application of the Conventions ratified by Colombia and hoped that the work of the subcommittee would facilitate the adoption of the various measures requested by the Committee to give full effect to the Convention. The Committee regrets to note that it has not received further information on this subject. The Committee finally recalls that the Government may request ILO technical assistance in this regard.

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

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

Article 1 of the Convention. National policy for the abolition of forced labour and application in practice. The Committee welcomes the response to its previous request, with the information in the Government’s report on the adoption of the Public Policy Framework for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017-2027, structured around six strategic pillars: (1) the strengthening of institutional architecture; (2) the promotion of rights and prevention of violations; (3) the quality and coverage of care; (4) the participation of children and their families; (5) knowledge management; and (6) monitoring and evaluation. The Committee notes that the Policy Framework has been discussed by national, regional and local authorities responsible for providing care for children engaged in child labour; and that the Colombian Family Welfare Institute (ICBF), in coordination with the Ministry of Labour, provided guidance in the formulation of action plans in 32 Interinstitutional Committees for the Eradication and Prevention of Child Labour and its Worst Forms (CIETIs) in the departments and the capital city. It notes the provision, under the Progressive Plan for Social Protection and Guaranteeing Rural Sector Workers’ Rights (under the Peace Agreement), of technical assistance in the area of child labour targeting family commissioners, territorial officials, social leaders, employers and workers.

The Committee welcomes the statistical information provided by the Government according to which the rate of child labour for boys and girls aged between 7 and 14 years fell by 2.1 per cent between 2015 and 2020. However, approximately 522,593 child and young workers were identified who were engaged in hazardous types of work affecting their mental and physical health, while 573,477 performed more than 15 hours work a week in their homes. The Committee notes that, in the framework of the ILO project Responsible Business Conduct in Latin America and the Caribbean (RBCLAC), the communication campaign “Coffee Producers for Child Protection” was launched by the Salgar Coffee Growers’ Cooperative in Antioquía to provide information and raise the awareness of families in coffee-growing areas to encourage them to take action to prevent child labour.

The Committee notes that the ANDI highlights the Government’s achievements in reducing child labour and emphasizes that the private sector is contributing actively to achieving this objective by raising enterprise leaders’ awareness of the importance of eradicating child labour in supply chains, as well as by supporting and participating in the elaboration of public policies. Public-private partnerships have been set up through the Network of Employers against Child Labour, which currently includes 44 enterprises and 19 strategic partnerships. Finally, the Committee notes that the Government emphasizes that it has an Integrated Information System for Identification, Registration and Classification of Child Labour and its Worst Forms (SIRITI), which provides a basis on which to build an institutional response to child labour. However, the CTC, CUT and CGT indicate that there are inconsistencies in the SIRITI, and that it does not provide information on the number of child workers assisted and how many have had their rights restored.

The Committee requests the Government to continue adopting measures, in collaboration with the social partners, to eliminate child labour, including child labour in dangerous conditions. To this end, the Committee requests the Government to provide information on the measures adopted in the context of the Public Framework Policy for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017–2027, and their results. The Committee also requests the Government to continue providing updated statistical data on the nature, extent and trends of child labour, particularly for child workers under the minimum age of 15 years, as well as information on the number of child workers covered by the measures adopted under the new policy.

Article 2(3) of the Convention. Compulsory education. The Committee has previously encouraged the Government to continue its efforts to ensure that all children attend school at least up to the age of 15 years (as provided in article 67 of the Political Constitution). The Committee notes with interest the detailed information provided by the Government and in particular that: (1) progress has been made in structuring a National Observatory of Educational Trajectories as an information system on the situation of students (access, repetition, those who have fallen behind or dropped out, and graduation) from pre-school to middle school, to facilitate analysis and the formulation of evidence-based public policies; (2) the Ministry of Education, in collaboration and coordination with the Certified Territorial Bodies (ETCs), is implementing a school retention strategy designed to take account of the health emergency, which includes reinforcing school retention strategies (including school meals programmes, coaching to prevent students falling behind, additional education days and flexible education, school residences and school transport); and (3) to promote retention within the education system, the Government has taken numerous measures, including providing training to 5,558 teachers and school heads in 83 ETCs in flexible education models during the second half of 2020, strengthening education services in rural areas by providing 234 educational establishments in 14 ETCs with sets of supplementary educational materials, such as libraries, laboratories and maps for use in the flexible education models.

The Committee, however, notes the Government’s indication that approximately 164,407 child workers (aged between 5 and 17 years) were without schooling in the fourth quarter of 2020. The Committee also notes, according to UNESCO statistics, that in 2019 there were 35,080 children and 106,186 young persons who were not at school; while in the same year the net primary (6 to 10 years of age) school attendance rate was at 93.9 per cent, and the secondary (11 to 16 years of age) school attendance rate was at 79.8 per cent. The Committee notes the Government’s indication that it is necessary for the Ministry of Labour, together with the various social actors and strategic partners, to continue developing innovative strategies for activities to prevent and eradicate child labour in order to make further progress in achieving this goal. The Committee trusts that the measures adopted will make it possible to continue promoting and ensuring compulsory schooling for children at the national level, at least up to the age of 15 years, and requests the Government to continue providing information on any measures adopted and their results. The Committee also requests the Government to continue providing updated statistics on the school attendance and completion rates of children under the age of 15.

Article 9(1). Penalties and labour inspection. The Committee notes the information provided by the Government on: (1) the legal instruments available to the labour inspectorate in carrying out its investigations; (2) the penalties that can be imposed (ranging from fines to the immediate stoppage of work); (3) section 113 of the Children and Young Persons Code, under which labour and social security inspectors responsible for authorizing work by young persons over the age of 15 years are required to undertake inspections to ascertain safety and working conditions for the health of the worker. For that purpose, in 2016 the Ministry of Labour issued a memorandum setting out inspection strategies and guidelines for the protection of the labour rights of children. While taking note of the functions of the labour inspectorate, the possibility of carrying out investigations and imposing penalties, the Committee observes that, according to the Government’s report, the rate of child labour, as well as that of children engaged in hazardous types of work, has further increased. Under these circumstances, the Committee trusts that the Government will continue taking all the necessary measures to give full effect to the Convention and once again requests it to provide information on the number of investigations carried out by the labour inspectorate in which penalties have been imposed for violations of the law in respect of work by persons under the minimum age of 15 years, with an indication of the type of penalty imposed and the nature of the violation.

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

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

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

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

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

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

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

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

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

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

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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the Government’s replies to the observations made by the social partners in 2016, which were included in its 2019 report. The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 4 September 2019. It also notes the observations of the General Confederation of Labour (CGT), received on 16 September 2019. The Committee requests the Government to provide its replies to these observations.

Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes the detailed information provided by the Government in its supplementary report on the tripartite consultations held within the framework of the various subcommittees of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL) on the labour measures adopted to mitigate the effects of the pandemic. In particular, the Government refers to the tripartite consultations held on such subjects as measures to prevent job losses and the follow-up to the complaints made relating to the suspension of contracts, the imposition of unpaid leave by the employer and dismissals. The Government also reports the adoption of the Labour Mediation Strategy during the COVID-19 Period, in the context of which 70 cases have been dealt with, as well as the establishment on 30 July of the Employment Mission, which will benefit from ILO technical assistance with a view to developing strategies and instruments to improve employment in the country. The Committee also notes the detailed information provided by the Government concerning the progress made by the Special Committee for the Handling of Conflicts referred to the ILO between 2012 and 2020, as the Special Committee continued to hold virtual meetings during the quarantine period established due to the pandemic. The Committee further notes the detailed information provided by the Government in its supplementary report on the four sessions of the Subcommittee on International Labour Matters held between March and September 2020, in which the discussions covered, among other subjects: the different measures adopted by ILO Member States to address the impact of the pandemic on the labour market; the implementation of technical cooperation activities in the country with ILO participation; the supplementary reports on ratified Conventions; the follow-up to the implementation of the Domestic Workers Convention, 2011 (No. 189), and particularly measures to mitigate the impact of the pandemic on domestic work. In the context of the global COVID-19 pandemic, the Committee recalls the broad guidance contained in international labour standards. The Committee encourages Member States to engage in broader tripartite consultation and social dialogue to provide a solid basis for the development and implementation of effective responses to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue providing updated information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, and particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.

Article 3(1) of the Convention. Election of the representatives of the social partners. In its previous comments, the Committee requested the Government to indicate the measures that had been adopted to conduct the trade union census envisaged in section 5 of Act No. 278 of 30 April 1996. In this regard, the Committee notes the Government’s indication that the census is the tool through which the representativeness of trade union confederations is determined on the various tripartite bodies in the country. The Committee notes with interest that in 2017 a trade union census was carried out for the first time in over 30 years. Since certain discrepancies were identified following the verification of the results, the Ministry of Labour initiated a verification process in which the data on the number of union members found by the trade union census carried out by the Ministry of Labour was compared with the information provided by union confederations. The Government reports the holding of regular workshops with union confederations in which they are consulted and their views are taken into consideration. The Government adds that most of the union confederations in the country were also consulted regarding the methodology used during the verification process. The Government adds that, as a result of the verification process, clearer information was obtained on, among other subjects, trade union registers that had been annulled, those that were active and inactive, the findings of the census and organizations that are not members of confederations. The Government indicates that since March 2018 information on the findings of the census and the implementation of the verification process has been published in quarterly bulletins. However, the Committee notes the Government’s indication that, as significant differences were identified between the information provided by trade union confederations and the findings of the census, the verification process has not yet been completed. The Government adds that the objective is to prevent any organization registered with the Ministry of Labour being able to claim that it speaks for the union movement. In this respect, the Government expresses its commitment to maintaining, together with the trade union confederations, a mechanism for the regular updating of the data of the trade union census. The Committee requests the Government to continue providing detailed and updated information on the measures adopted within the framework of the process of the verification of the Ministry of Labour’s trade union census, and its findings.

Article 5. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held between 2017 and 2019 on the matters relating to international labour standards covered by Article 5(1) of the Convention in the context of the Tripartite Subcommittee on International Labour Matters of the CPCPSL. With reference to the re-examination of unratified Conventions, the Government indicates that tripartite consultations have been held on the possible ratification of the Workers’ Representatives Convention, 1971 (No. 135), the Rural Workers’ Organisations Convention, 1975 (No. 141), the Nursing Personnel Convention, 1977 (No. 149), and the Maternity Protection Convention, 2000 (No. 183). The Government indicates that the process of the ratification of Conventions Nos 149 and 183 is currently proceeding in the Congress of the Republic. Tripartite consultations have also been held on the measures necessary to examine the potential ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that during the tripartite consultations it was also agreed to adopt measures to focus its efforts on analysis of compliance with ratified Conventions. The Government refers to the organization of various activities relating to international labour standards within the framework of the Subcommittee on International Labour Matters, such as capacity building on the ILO Standards Review Mechanism (SRM).

However, the Committee notes the CGT’s indication that tripartite consultations have not been held on proposals for the denunciation of ratified Conventions (Article 5(1)(e)), on reports to be made to the Office pursuant to article 19 of the ILO Constitution or on unratified Conventions and Recommendations to which effect has not yet been given, in accordance with Paragraph 5(e) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The CGT also considers that technical and financial assistance is necessary to increase the frequency of the tripartite consultations held in the Subcommittee on International Labour Matters. With regard to the manner in which the views of the representative organizations are taken into account during the tripartite consultations, the Government indicates that, under the terms of Act No. 278 of 1996, the decisions of the CPCPSL are adopted by consensus by the representative parties. The Government indicates that the claims of each of the actors in the CPCPSL are taken into consideration and voted upon, with a view to ensuring effective tripartite consultations, in accordance with the Convention. The Committee requests the Government to continue providing updated and detailed information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1) of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (accidents), 18 (occupational diseases) and 19 (equality of treatment) together.

The Committee notes the observations of the General Confederation of Labour (CGT) on the application of Conventions Nos 12 and 19, received in 2017, and the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), on the application of Conventions Nos 17 and 19, received in 2017.

Article 1 of Convention No. 12. Application of the Convention in practice. Progressive extension of coverage. In its previous comment, the Committee requested the Government to indicate the specific measures adopted to strengthen and extend the coverage of the General Occupational Risks System (SGRL) to agricultural workers. The Committee notes the Government’s reply in its report, in which it indicates that the strengthening and extension of SGRL coverage in the agricultural sector is continuing. The Committee notes that the average number of people insured by the SGRL is approximately 10.1 million, and that in May 2017 there were 372,309 insured persons in the agricultural, livestock, hunting and forestry sector. The Committee also notes the Government’s indication that the General Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace of 2016 laid the foundations for the Comprehensive Rural Reform and action to reduce poverty and inequality to secure the welfare of the rural population. The Committee also notes the allegations of the CTC and the CUT that the agricultural sector has the highest accident rate, and that crops such as sugar cane and palm oil have higher accident rates than the sector as a whole. The Committee also notes that the CGT, while emphasizing the importance of the signing of the Pact for Employment Formalization in the Agricultural and Livestock Sector in 2014, indicates that there is a high level of informality in the sector. The Committee trusts that the implementation of the General Agreement of 2016 and the Pact of 2014 will enable the continued pursuit of the extension of effective occupational accident coverage to agricultural workers and requests the Government to indicate any developments in this regard. The Committee also requests the Government to indicate any other measures envisaged or adopted to extend in practice the laws and regulations on occupational accident compensation to all agricultural wage earners and to give full effect to this Article of the Convention. Lastly, the Committee requests the Government to provide updated statistical data on the number of agricultural workers registered with the SGRL.

Article 1, in conjunction with Article 11 of Convention No. 17. Obligation of the State to guarantee the payment of benefits to workers whose employers have not taken out occupational accident insurance and payment of the allowance in the event of the insolvency of the insurer or employer. In its previous comment, the Committee requested the Government to clarify whether the victim of an occupational accident who is not registered with the SGRL would be entitled to reimbursement of his/her medical expenses and would receive compensation from occupational risk insurers (ARLs). The Committee also requested the Government to indicate the legal provisions that guarantee to victims of an occupational accident or disease the provision of the necessary medical care in the event of the insolvency of the ARL. Lastly, with regard to the insolvency of the employer, the Committee requested the Government to indicate the measures adopted or envisaged to guarantee the rights established by the Convention in the case of the insolvency of employers who are not insured through the SGRL. With reference to the first point, the Committee notes the Government’s indication that the occupational risk insurer to which an occupational accident claim is submitted is wholly liable for the benefits arising out of the accident and its sequelae, irrespective of whether or not the worker is registered with the insurer. Regarding the case of the insolvency of the ARL, the Government indicates that Decree No. 1295 of 1994 provides that the Financial Institutions Guarantee Fund (FOGAFIN) shall guarantee the payment of pensions in the event of loss of assets or the suspension of payments by the occupational risk insurer. Regarding medical care, it is provided by the General Comprehensive Safety and Health System in the case of persons who are not protected for the various reasons described. The Committee also notes the allegations by the CTC and CUT of the lack of protection against the insolvency of the insurer in the event of a loss of capacity for work of less than 50 per cent and in the case of workers whose employers are not insured through the SGRL. In this regard, the Committee notes the Government’s indication that the regulations in force provide for mechanisms for the constitution of reserve funds by ARLs. Concerning workers whose employers are not covered by the SGRL, in the event of the insolvency of the employer, the Committee notes the Government’s indication that the employer is responsible for registering workers and paying contributions to protect against contingencies in the event of occupational accidents or diseases. The State monitors social security registration, and to this end it has adopted Decision No. 1111 of 2017 on minimum standards of occupational safety and health management (now repealed by the new Decision No. 0312 of 2019). The Committee requests the Government to indicate the manner in which it is ensured that compensation is paid to victims of occupational accidents in the case of a loss of capacity for work of less than 50 per cent in the event of the insolvency of the ARL, and of the insolvency of employers not insured by the SGRL.

Article 5 of Convention No. 17. Compensation in the form of a lump sum. In its previous comments, the Committee expressed the hope that the Government would introduce appropriate procedures to strengthen the protection of victims of occupational accidents and diseases against the misuse of lump sum compensation, as provided for in Article 5 of the Convention. The Committee notes the observations of the CTC and the CUT alleging once again that, in the event of an occupational accident or disease resulting in a loss of capacity for work of between 20 and 50 per cent, workers are no longer granted pensions, but receive compensation in the form of a lump sum. The Committee notes the confirmation by the Government that the law establishes the provision of periodical payments only in the case of invalidity and survivors’ pensions for general or occupational injury granted for an incapacity for work of more than 50 per cent, and that the Office’s advice would be welcome to examine the possibility of providing compensation for permanent partial incapacity in the form of periodical payments, without prejudice to the right currently held by workers to the indexed lump sum. The Committee requests the Government to indicate the manner in which the competent authorities ensure the proper utilization of indexed lump sums. The Committee recalls that the Government may avail itself of the technical assistance of the Office to strengthen the measures to ensure the proper utilization of the indexed lump sum, or to examine the possibility of once again establishing periodical payments for workers victims of occupational accidents with a permanent partial incapacity exceeding a certain level. The Committee requests the Government to indicate any developments in this regard.

Article 2 of Convention No. 18. Recognition of occupational diseases. In its previous comments, the Committee requested the Government to respond to the observations of the trade union confederations and to provide information on the manner in which a disease is treated during the first 540 days that precede its classification as an occupational disease, and to indicate the average time for its recognition as such. The Committee also requested the Government to carry out a detailed analysis of the manner in which the national list of occupational diseases complies with the Schedule annexed to the Convention. Regarding the first point, the Committee notes the Government’s indication that Decree No. 1072 of 2015 provides that, where 30 days have elapsed from the end of the comprehensive rehabilitation process and the disease has still not been recognized on first application, in no event may the recognition exceed 540 days following the date of the accident or the diagnosis of the disease, in which case the worker shall have the right to appeal directly to the invalidity recognition board. The Government also indicates that during this period the cash benefits for temporary incapacity and permanent partial incapacity are set by Act No. 776 of 2002. Regarding the second point, the Committee notes the Government’s indication that Decree No. 1477 of 2014 is based on the legal presumption of the occupational nature of the diseases listed in its Schedule in accordance with section 202 of the Substantive Labour Code, and that the list of activities and industries contained in the Schedule of occupational diseases is not exhaustive. Finally, the Committee notes the Government’s indication regarding a draft decree to regulate the process for the recognition of occupational diseases on first application that must be followed by health promotion bodies, ARLs, insurance companies and pension funds. The Committee requests the Government to provide information on the progress achieved in strengthening the legal framework for the recognition of occupational diseases on first application by health promotion agencies, ARLs and other relevant bodies, and on any measures that simplify the recognition of the occupational origin of the occupational diseases listed in the Convention, thereby giving it full effect.

Article 1(1) of Convention No. 19, and the application of the Convention in practice. The Committee notes the Government’s indication that any foreign national who enters the labour market with a contract is entitled to the social benefits provided by the SGRL. The Committee notes the allegations of the CTC and the CUT that the Government has not provided data on the application of the Convention in practice, and their indication that, although under the law there is no difference of treatment of foreign workers for the purpose of the compensation of occupational accidents, in practice many unskilled migrant workers are recruited informally, so that they are not guaranteed registration with the SGRL. The CGT indicates that among foreign workers, irregular workers without a work permit are exposed to the absence of protection, and refers in particular to the situation of Venezuelan migrant workers in Colombia. The Committee requests the Government to provide information, if existing statistics so allow, on the approximate number of foreign workers in the country and on their occupation and nationality. The Committee also requests the Government to provide information on the number and nature of occupational accidents recorded among foreign workers, and on the compensation for occupational accidents provided to workers who are nationals of other member States that have ratified the Convention, and to their dependants.

Lastly, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept Part VI (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting Part VI), as the most up-to-date instruments in this area.

The Committee notes the reports provided by the Government on the application of Conventions Nos 22 and 23 on seafarers. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2019. In these observations, the CTC and CUT recommend the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006) to resolve the problems faced by seafarers in the absence of an instrument that protects them at the national and international levels. They also indicate that this view is shared by the General Maritime Directorate (DIMAR) of Colombia. The Committee also notes the Government’s indication that, in the context of the discussion on reports on the maritime Conventions held at the Tripartite Subcommittee on International Labour Affairs, it was agreed to request the technical assistance of the Office in relation to the possible ratification of the MLC, 2006. The Committee understands that the Office is in contact with the Government to provide the technical assistance requested. The Committee requests the Government to provide information on any developments in this regard. In order to provide an overview of the issues to be addressed in relation to the application of Conventions on seafarers, the Committee considers it appropriate to examine these instruments in a single comment, as set out below.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 3 of the Convention. Conditions and guarantees for the signing of the agreement. In its previous comments, the Committee requested the Government to provide information on the measures adopted to give effect to Article 3(1) and (2) of the Convention. The Committee notes with interest the Government’s indication in this regard that Decree No. 1015 of 16 June 1995, as compiled by Single Regulatory Decree No. 1072 of 2015 of the Ministry of Labour, in Chapter 3 on labour regulations concerning certain employees on board ships flying the Colombian flag in international service, section 2.2.1.6.3.2, establishes that facilities shall be provided to the worker and his advisers to examine the articles of agreement before they are signed. The Committee notes this information which corresponds to the request made previously.

The Committee previously requested the Government to provide its comments regarding the observations of the CUT that most seafarers are recruited under verbal agreements and, in some cases where they sign contracts, they are not provided with a copy. The Committee notes that the Government refers to section 2.2.1.6.3.14 of the Single Decree referred to above, which provides that the labour administration authorities, within their function of monitoring labour standards, shall enforce compliance with Convention No. 22 of the International Labour Organization approved by Act No. 129 of 1931 and the regulations set forth in this Chapter. The Government also provides information on the administrative actions taken in this context between 2014 and 30 March 2019. The Committee notes this information.

Repatriation of Seamen Convention, 1926 (No. 23)

Articles 3 and 6 of the Convention. Obligations pertaining to repatriation. The Committee previously requested the Government to provide its comments on the observations of the CUT regarding the ongoing problems relating to the repatriation of seafarers due to the Government’s lack of clear authority as the head of DIMAR to protect and ensure the repatriation of seafarers, whether they are foreign nationals in Colombia or Colombian nationals abroad. The Committee notes the Government’s indication that DIMAR prepared and made available to the Ministry of Labour the necessary technical assistance for the adoption of the draft decree adding to and amending Book 1, Part 1, Title 1, Chapter 6, section 3 of the Single Regulatory Decree 1072 of 2015 of the labour administration and issuing other provisions. The Government adds in this regard that this draft addresses, among other matters, the issue of repatriation. The Committee requests the Government to provide information on the development of the draft decree referred to above.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 24 (sickness insurance, industry) and 25 (sickness insurance, agriculture) together.

The Committee notes the observations of the General Confederation of Labour (CGT) on the application of Conventions Nos 24 and 25, received in 2017.

Article 4(1) of Conventions Nos 24 and 25. Access to medical care. The Committee notes the Government’s indication that 82.3 per cent of the almost 500,000 complaints received by the National Health Supervisory Office concern the restriction of access to health services. The Committee notes that, according to the CGT, these data show that the effective coverage of members or beneficiaries is completely deficient. The Committee requests the Government to provide its comments in this respect.

Article 4(2). Sharing in the cost of medical care. In its previous comments, the Committee asked the Government to provide statistical information on the number of workers who had been unable to pay the stipulated percentage for medical expenses, the number of workers who had paid a percentage of the total cost of the treatment, and the total amount paid in respect of these categories of beneficiaries. The Committee notes the information provided by the Government concerning the number of persons covered by the health system, which represented 95.66 per cent of the population in 2016, and the coverage of the General System of Occupational Risks, which was 39 per cent. The Committee once again requests the Government to provide detailed information concerning the participation of beneficiaries in the cost of medical care.

Article 6(1). Non-profit and profit-making health insurance institutions. In its previous comments, the Commission noted the Government's indications that there were 23 health promotion companies (EPS) operating under the contributory scheme, two of which were public, and requested the Government to provide statistical information on the activities of the management bodies, as well as of the national, district and municipal social security health councils that monitor the services to users. The Committee takes note of the Government’s indications that Decree No. 2462 of 2013 and its regulations delimit the functions for which the National Superintendence of Health (Supersalud) is responsible. In addition, the Government provides detailed data on, inter alia, the number of audits carried out by Supersalud in 2016 on EPS (430), the number of inspection visits to EPS customer service offices in the same year (245), the number of complaints received by Supersalud in 2016 (467,760) and the number of sanctions imposed (1,432). The Committee takes due note of the information provided by the Government on Supersalud and its activities, and reiterates its request to the Government to provide information on the activities of the national, district and municipal social security health councils that monitor services to users.

Article 6(2). Participation of insured persons in the management. In its previous comments, the Committee requested the Government to indicate the number of associations, leagues or alliances that operating within the EPS, as well as the conditions and requirements that the private EPS must adopt as part of their statutes and rules so that the users could participate in such bodies. The Committee takes note of the information provided by the Government concerning the number of associations and user alliances operating within 42 EPS. The Committee also requested the Government to clarify the functions of the National Social Security Council in the field of health (CNSSS) in relation to the Health Regulatory Commission (CRES), noting that at national level, the functions of the CNSSS had been considerably reduced, leaving most of its functions to CRES, which was not composed of social partners but by experts appointed by the President. With regard to the national level, the Committee notes the Government’s indication that CRES was liquidated by Decree No. 2560 of 2012 and that all its functions were transferred to the Directorate for the Regulation of Benefits, Costs and Tariffs of the Ministry of Health and Social Protection (Minsalud). The Committee also notes that section 3 of Act No. 1122 of 2007, to which the Government refers, establishes the consultative and advisory nature of the CNSSS, a tripartite body. On the basis of the information provided by the Government, the Committee observes that the Directorate of Minsalud, which replaced CRES in its functions, as well as the CNSSS, perform purely advisory functions and recalls in this respect, that Article 6(2) of the Conventions require the participation of insured persons in the management of the self-governing health insurance institutions. The Committee requests the Government to provide information on any measures taken or planned to ensure the full application of this Article of the Conventions at the national level. The Committee once again requests the Government to provide information on the conditions and requirements relating to the participation of insured persons in the management of private EPS.

Article 9 of Convention No. 24, and Article 8 of Convention No. 25. Right of appeal. The Committee notes the detailed information provided by the Government on the number of appeals submitted in relation to the right to health to the Constitutional Court in 2016. The Committee requests the Government to provide information on other legal remedies available at both the administrative and judicial levels in case of dispute concerning the right to benefit of insured persons established in the Conventions, as well as on the duration of the related proceedings. The Committee also requests the Government to provide information on the number of administrative and judicial appeals lodged and the time taken to process such appeals.

Application of Convention No. 24 in practice. Payment of health insurance . In its previous comment, the Committee requested the Government to indicate whether the employees of the International Aviation Company had recovered their rights with respect to health insurance, and to keep the Office informed in this regard. The Committee notes that the Government has not provided information on this subject and once again requests the Government to indicate the outcome of the investigation envisaged by the Ministry of Labour and the progress achieved in this regard.

Lastly, the Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Conventions Nos 24 and 25 are in force should be encouraged to ratify the Medical Care and Sickness Benefits Convention, 1969 (No. 130), or the Social Security (Minimum Standards) Convention, 1951 (No. 102), and accept its Parts II and III (see GB.328/LILS/2/1). The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 130 or Convention No. 102 (and accept Parts II and III) as the most up-to-date instruments in this subject area.

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI) received on 31 August 2018, which highlight and welcome the Government’s efforts towards the implementation of the Convention. The Committee also notes the observations of the IOE, received on 2 September 2019.

The Committee also notes the observations of the Workers’ Trade Union Confederation of the Oil Industry (USO) received on 1 September 2017; the joint observations of the Single Confederation of Workers of Colombia (CUT), the Colombian Federation of Education Workers (FECODE) and the Teachers’ Association of Cundinamarca (ADEC) received on 30 May 2018; and the joint observations of the Confederation of Workers of Colombia (CTC) and the CUT received on 1 September 2018. The Committee notes the Government’s reply to the joint observations of the CTC and CUT, and to the observations of the ANDI and IOE, received on 23 November 2018, and to the joint observations of the CUT, FECODE and ADEC, received on 20 May 2019.

The Committee also notes the observations of the General Confederation of Workers of Peru (CGTP) received on 23 March 2017, which include the report of the Coordinating Body of Indigenous Organizations in the Amazon Basin (COICA) on the application of the Convention in various countries.

Articles 2, 3 and 33 of the Convention. Restoration of peace. Human rights. Reparations. The Committee notes the Final Agreement for the end of the conflict and the building of stable and lasting peace signed by the Government and the Revolutionary Armed Forces of Colombia on 24 November 2016, and the corresponding Framework Plan for its implementation. The Committee welcomes the inclusion, in the Agreement, of a chapter on ethnic groups, which establishes that the interpretation and implementation of the Agreement shall take into account the principles of participation and consultation, identity and cultural integrity and the rights of ethnic peoples over their land. The Committee notes that the Framework Plan for the implementation of the Agreement contains specific targets and indicators for indigenous peoples, persons of African descent, and Raizal, Palenquero and Roma peoples, which were determined in consultation with the Government and the special high-level body for ethnic peoples. The targets include the delineation and protection of collective lands, the participation of the peoples concerned in the comprehensive rural reform, and the promotion of the participation and leadership of indigenous and Roma women and women of African descent.

The Committee notes that the Unit for comprehensive victim support and reparation is the entity responsible for registering individual or collective victims, and in implementing support, assistance and reparation measures. The Unit houses the Ethnic Affairs Directorate, whose function is to coordinate the comprehensive support and reparation actions for indigenous peoples and communities, the Roma people and the Black, Afro-Colombian, Raizal and Palenquero communities. The Government indicates that any person or authorized spokespersons of the communities can report violations of their rights in the context of the armed conflict to the offices of the State Prosecutor, following which the Unit reviews these reports in order to determine whether the victims will be registered. The Government adds that collective reparation plans incorporate the stages of identification, registration, enlistment and assessment of the damage, drawing up the reparations plan, implementation and follow-up. According to information from the Unit for comprehensive victim support and reparation, the number of collective victims from ethnic groups as of February 2018 was 390; while in October 2019 there were 227,686 individual victims from indigenous peoples, 792,540 identified as Afro-Colombian, 19,317 as Roma, 10,048 as Raizal and 2,731 as Palenquero people. The Committee notes the Government’s indication that the Committee for follow-up and monitoring the implementation of Decree Laws Nos 4633, 4634 and 4635 of 2011 on comprehensive reparation measures and restitution of territorial rights of collective victims belonging to indigenous peoples, Roma or Gypsy peoples, and the Black, Afro-Colombian, Raizal and Palanquero communities, respectively, set out, in its five reports submitted to Congress, its concern at the significant delay in the implementation of collective reparations for ethnic groups. In this regard, the Committee notes that, in their joint observations, the CUT and the CTC also refer to the shortcomings in the implementation of collective reparations mechanisms for indigenous communities.

In its previous comments, the Committee noted the ethnic safeguard plans for the indigenous peoples who have faced threats to their life and culture owing to the armed conflict, which had been issued by the Constitutional Court in its ruling No. 004 of 2009. The Committee requested the Government to provide information on the implementation and impact of those plans. In this respect, the Government reports that in 2017 there were 39 ethnic safeguard plans, of which 78 per cent have passed the self-assessment stage with the peoples concerned, 62 per cent have passed the concertation stage and 46 per cent are in the implementation stage.

The Committee notes that, in its 2019 report on the situation of human rights in Colombia, the United Nations High Commissioner for Human Rights noted with concern the high number of killings of human rights defenders of indigenous and Afro-Colombian persons primarily in Antioquia, Cauca and Norte de Santander (A/HRC/40/3/Add. 3 of 4 February 2019, paragraphs 15–17). The Committee also observes that the 2018 report of the State Prosecutor, entitled “Systemic violence against territorial rights defenders in Colombia”, analyses the interplay of violence against land rights defenders and their actions to defend their land rights. The report indicates that between January 2016 and March 2017, 156 murders of social campaigners, community leaders and human rights defenders were registered, at least 25 per cent of whom were leaders of indigenous peoples and communities. The Committee notes that, in its observations, USO refers in general to threats and acts of violence faced by the indigenous communities (Chidima Tolo and Pescadito) in the northern part of the Chocó region owing to the presence and actions of armed groups on their lands. It also refers to limitations to their right to movement inside and outside of their territory, and to the existence of anti-personnel mines and explosives, which amounts to a high-risk situation for members of the communities.

The Committee encourages the Government to continue to take actions for the restoration of peace that may contribute to the cessation of violence, the inclusion of members of the peoples covered by the Convention in the economic and social development of the country, and the full exercise of their human and collective rights. The Committee urges the Government to take appropriate measures to investigate the causes, establish responsibility and punish the perpetrators and instigators of the murders of indigenous rights defenders and acts of violence, and to guarantee the physical integrity and access to justice of the peoples covered by the Convention who continue to be victims of the conflict.

The Committee recalls that the Convention is an instrument that seeks to contribute to sustainable and inclusive peace and requests the Government to provide information on the manner in which the peoples covered by the Convention participate in the implementation of the Peace Agreement in all aspects that concern them. The Committee also requests the Government to intensify its efforts to ensure the implementation, without delay, of the collective reparations plans and ethnic safeguard plans, and provide detailed and updated information on progress in this regard, indicating the manner in which the peoples covered by the Convention have participated in the evaluation of the implementation and sustainability of the measures taken to this end.

Articles 6, 7 and 15. Consultation. Development projects. In its previous observation, the Committee noted the Presidential Directive No. 10 of 2013, containing the Guide on holding prior consultations with ethnic communities; as well as the document approved in 2013 by the National Economic and Social Policy Council, namely the Conpes Document No. 3762, which sets out the main features for the development of projects of national and strategic interest and, according to the Government, seeks to improve the exercise of the right to prior consultation. The Committee requested the Government to report on the functioning of those mechanisms and on the manner in which the participation of ethnic peoples covered by the Convention is ensured in the benefits accruing from such activities. The Government indicates that, between 2013 and 2018, 6,243 prior consultation processes were carried out, of which 18 per cent regarded activities in the hydrocarbons sector, 10 per cent in the environmental sector, 9 per cent in infrastructure and telecommunications, 7 per cent in mining and 6 per cent in electricity. The Government indicates that the Directorate for Prior Consultation of the Ministry of the Interior takes into consideration the principles developed by the Constitutional Court in its decisions regarding consultation, particularly as they relate to mining or port projects and infrastructure works, and provides examples of the way in which these principles of jurisprudence have been applied in prior consultations held with the different communities.

With respect to the identification of the communities to be consulted, the Government reports that the process to certify the presence or otherwise of ethnic communities in the area that will be affected by a project, works or activities is initiated by an application from the persons concerned, which is examined by the Directorate for Prior Consultation of the Ministry of the Interior to determine whether the information provided by the applicant is sufficient to continue with the certification process. This information is compared with the information contained in the cartographic databases of indigenous reservations and community councils; the databases of the Directorate for Indigenous Affairs and Roma Communities and the Directorate for Black, Raizal and Palenquero communities; the database for prior consultation; and the information on applications for collective land titling by indigenous and Black communities from the National Land Agency. The Government specifies that, where there is uncertainty in determining the presence of an ethnic community within the area of interest of the projects, works or activities, a visit is planned to verify the situation.

The Committee notes that, in its observations, the IOE indicates that the lack of clear rules for the development of the processes of prior consultation is a concern for the ANDI. The ANDI considers that despite the extensive jurisprudence of the Constitutional Court on the matter, there is no legislation that establishes basic guidelines in relation to the stages of prior consultation process, its duration, costs rights and obligations of the parties involved in the process and a closing mechanism. Therefore, the ANDI, the lack of clear rules in prior consultation processes becomes the main difficulty to advance investments in the country.

The Committee notes all of this information and, with reference to its previous observation, once again requests the Government to indicate whether Presidential Directive No. 10 and the Conpes Document No. 3762 are still applied and, if so, to provide information in this respect. The Committee requests the Government to continue providing information on the progress towards the adoption of regulations for prior consultation relating to projects undertaken on land belonging to peoples covered by the Convention, with an indication of the measures taken to ensure that full and informed consultations are held with the peoples concerned. It also requests the Government to indicate which mechanisms are in place to ensure the participation of those peoples in the benefits accruing from such activities.

The Committee also notes that ruling No. SU 123 de 2018 of the Constitutional Court, which compiles the Court’s jurisprudence on prior consultation, states that prior consultation is imperative “when there is reasonable evidence that a measure is likely to directly affect an indigenous people or a community of African descent”. The Committee recalls that Article 15(2) of the Convention sets out that the aim of the consultation is to ascertain whether and to what degree the interests of the peoples concerned would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of resources pertaining to their lands. The Convention does not set forth evidence of a possible impact as a condition for consultation. In this connection, the Committee requests the Government to adopt measures to ensure that, in practice, the scope of the obligation of consultation is not reduced, by requiring evidence that the measure is likely to affect the indigenous peoples. Considering that Article 15(2) establishes the obligation to ascertain whether and to what degree the interest of these peoples would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of resources pertaining to their lands, the Committee trusts that the judicial interpretation be read and applied in this sense.

Fees for holding prior consultation. The Committee notes that, in its ruling No. SU123 de 2018, the Constitutional Court ordered Congress and the Government to take measures to establish a robust institutional framework for the issuance of certificates regarding the presence of ethnic groups in areas affected by projects, works and activities that balances between the right to consultation of the ethnic groups with the legal certainty of the investors. It notes in this respect that section 161 of Act No. 1955 of 2019 establishes the fee for holding prior consultation, which must be paid to the Ministry of the Interior by the party organizing the prior consultation and must cover the costs of the fees of the officials who devise the methodology, preconsultation and consultation, including travel expenses. The Act also provides for related costs and access to information on the presence of communities. The Committee recalls that in its general observation of 2018 it highlighted that it is incumbent upon governments to establish appropriate mechanisms for consultation at the national level and that public authorities must undertake consultations, without interference, in a manner appropriate to the circumstances. The Committee requests the Government to provide information and examples of the application in practice of the fees for holding prior consultation, with an indication of whether this has affected the effective implementation of consultation processes with the peoples covered by the Convention.

Article 1 of the Convention. Peoples covered by the Convention. Self-identification. In its previous comments, the Committee noted that the Directorate for Indigenous, Roma and Minorities Affairs (DAIRM) was responsible for keeping the registry of peoples covered by the Convention. The Committee requested the Government to provide information on this matter and on the self-censuses of indigenous peoples. In its report, the Government states that, from 2013 to September 2018, a total of 3,416 censuses have been uploaded into Colombia's indigenous information system. The Government indicates that, in September 2014, the DAIRM issued a circular with instructions for indigenous authorities and/or councils on carrying out censuses. The DAIRM defines the indigenous self-census as an autonomous exercise carried out by indigenous authorities through census lists in order to establish the social composition of their communities, and the periodical developments on account of births, deaths, migration and marriages. In this process, the governing council of each reservation and community or group is responsible for the self-census and its supervision. The Committee requests the Government to provide updated statistical data on the number of persons belonging to peoples covered by the Convention, disaggregated by sex, age, people and geographical location, as well as examples of self-censuses, indicating how they are used. The Committee refers to its general comment of 2018 in which it reiterated the importance of having reliable statistical data on the peoples covered by the Convention, including on their socio-economic conditions, as a tool for effectively guiding and defining public policies, and encourages the Government to provide information in this regard.

Article 4. Protection of the rights of indigenous peoples in isolation. The Committee notes with interest the adoption of Decree No. 1232 of 17 July 2018 establishing the National System for the prevention and protection of the rights of indigenous peoples living in isolation or natural conditions. The objectives of the system include developing and implementing measures to protect the rights of peoples in living isolation, by ensuring the participation of indigenous peoples in surrounding areas, and strengthening the competent public institutions. Under the system, the National Committee for the prevention and protection of the rights of indigenous peoples living in isolation has been established, whose objective is to guide the development of strategies for the planning and management of the system and which is composed of various governmental department employees, indigenous members of the Standing Dialogue Forum and indigenous representatives of civil society organizations. The Committee requests the Government to provide information on the protective measures adopted by the National System for the prevention and protection of the rights of indigenous peoples living in isolation, indicating how it ensures that such a system has the means and resources necessary to achieve its objectives.

Article 7. Development. The Committee notes the adoption of Act No. 1955 of May 2019, which sets out the National Development Plan 2018–2022, “Pact for Colombia, Pact for Equity”. The Plan aims to lay the foundations of legality, entrepreneurship and equity for the achievement of equal opportunities for all Colombians. The Plan consists of public policy objectives known as “pacts”, including the Pact for equality of opportunity among indigenous, Black, Afro-descendant, Raizal, Palenquero and Roma groups. According to information from the National Planning Department, the objectives of the Pact are to increase comprehensive care for children of ethnic origin, from early childhood to adolescence; improve access and health outcomes for ethnic groups through an intercultural approach; and narrow the gap in their access to basic services. The Committee requests the Government to provide information on the measures taken within the framework of the Pact for equality of opportunity among indigenous, Black, Afro-descendant, Raizal, Palenquero and Roma groups and on any evaluations conducted on the impact of the measures. In this regard, the Committee requests the Government to clarify the manner in which the peoples covered by the Convention have participated in the development, implementation and evaluation of these measures.

Articles 5 and 7. Protection of cultural values and practices. Raizal fishers. The Committee recalls that, for some years now, it has been addressing the situation of Raizal small-scale fishers in the Department of San Andrés, Providencia and Santa Catalina, referring to the constraints they have faced in the exercise of their traditional fishing activities. In its previous observation, the Committee noted the Government’s initiative to prepare a Statute for the Raizal people and requested the Government to continue providing information on the measures taken to improve the conditions of life and work of the Raizal people. The Government reports that, within the context of a prior consultation process, the Bill, through which the rights of the Raizal ethnic people of the Archipelago of San Andrés, Providencia and Santa Catalina are recognized under the Statute for the Raizal people, has been finalized and submitted to the Senate for approval. Under the Bill, the right is recognized of the Raizal people to prior consultation and participation in the design, development and evaluation of environmental, socio-economic and cultural impact studies on projects likely to affect them directly. The Bill also provides for the establishment of the Forum for discussion and cooperation of the Raizal people as a body for dialogue with the Government. The Government also reports the development of a special plan for safeguarding ancestral knowledge and skills, and Raizal cultural practices relating to their coexistence with the sea, 2016, as a result of a participative process with the Raizal people. The Committee welcomes the progress made in developing the Statute for the Raizal people and trusts that the Government will take the necessary measures to adopt and implement the Act, through which the rights of the Raizal ethnic people of the Archipelago of San Andrés, Providencia and Santa Catalina are recognized under the Statute for the Raizal people, in cooperation with the indigenous peoples concerned. The Committee requests the Government to provide information on this subject, as well as on the implementation in practice of the special plan for safeguarding the ancestral knowledge of the Raizal people, indicating how the plan has contributed to the improvement of the conditions of life of the Raizal people and the protection of their traditional fishing activities.

Articles 6 and 15(1) Consultation. Legislative measures on the use of natural resources. In its previous comments, the Committee noted the consultations on draft legislative texts at the national level held through the Standing Dialogue Forum with indigenous peoples and organizations, and requested the Government to continue providing information on the outcome of those consultations. The Committee notes the list provided by the Government of draft legislative texts which were submitted for consultation between 2010 and 2018 to the Standing Dialogue Forum. These drafts include the proposal for a decree establishing and recognizing the competencies of the indigenous territories’ authorities with respect to the administration and preservation of natural resources and the environment. The Committee also notes the adoption of Decree No. 1372 of 2 August 2018, establishing a national space for prior consultation with the Black, Afro-Colombian, Raizal and Palenquero communities, which aims to serve as a forum for dialogue with the Government to advance the various stages of prior consultation on general legislative and administrative measures. The Government indicates that two prior-agreements have been reached through this forum with the Black, Raizal and Palenquero communities on the regulation process of Chapter IV of Act No. 70 of 1993, on transitory article 55 of the Political Constitution of Colombia, referring to the use of land and protection of natural resources, and the environment of the Black communities of the Pacific. The Committee requests the Government to report on the laws adopted following consultation with the peoples covered by the Convention, with examples of how those peoples have been able to influence the legislative texts adopted and how their proposals have been taken into consideration. In this connection, the Committee also requests the Government to provide information on the agreements reached, within the consultation process, and draft legislative texts regulating the use of natural resources by indigenous and Afro-descendant communities.

Articles 7 and 15. Natural resources. Impact studies of mining activities. In its previous comments, the Committee referred to the Mandé Norte and La Toma mining projects and noted that the Ministry of the Environment was undertaking environmental impact studies of mining activities in the indigenous communities in the reservations concerned. In this regard, the Government indicates that there are currently no records of procedures or granting of environmental licences related to the development of this project. In relation to the La Toma project, the Government indicates that the Ministry of Mines and Energy led the consultation process with the communities concerned. The Committee requests the Government to continue providing information on the mining projects that have been approved following a consultation process with the peoples concerned, indicating also how the outcome of environmental, social and cultural impact studies, undertaken with the participation of those peoples, have been considered fundamental criteria for carrying out such mining projects. Referring to its 2015 direct request, the Committee trusts that the necessary measures will be taken to ensure access to natural sources of water of the communities of Guajira.

The Committee further notes that the United Nations High Commissioner for Human Rights, in her report for Colombia, refers to violations of the right to health of indigenous peoples owing to the pollution of rivers used by these peoples as a result of mining activities (A/HRC/40/3/Add.3 of 4 February 2019, paragraph 62). The Committee also requests the Government to report on the measures adopted to protect the environment, including rivers, of the territories inhabited by the peoples covered by the Convention and of those where mining activities are carried out.

Articles 14, 17 and 19. Lands. The Committee notes the Government’s indication regarding the establishment of the National Land Agency (ANT), through Decree No. 2363 of 2015, replacing the Colombian Institute of Rural Development. The functions of the ANT include promoting the training of ethnic communities on managing the formalization and regularization of property rights; and agreeing and implementing, with these communities, the assistance plans that cover collective land titling programmes; the establishment, expansion, delineation and restructuring of indigenous reservations; acquisition and expropriation of land; and improvements.

In its previous comments, the Committee noted the measures adopted for the restitution of the ancestral lands of the Nasa indigenous communities of northern Cauca and the Afro-Colombian communities of Curvaradó and Jiguamiandó, and requested the Government to continue providing information on the restitution processes, as well as on the activities undertaken to ensure the personal and cultural integrity of these communities. In its reply, the Government indicates that between 1993 and 2016, seven reservations were established and six have been expanded for these peoples, benefiting 8,239 families over a total area of 35,849 hectares. With respect to the Curvaradó and Jiguamiandó communities, the Government reports that of the 156 plots of land that were separated from the collective titles of Curvaradó and Jiguamiandó, the ANT only received ten voluntary offers from the landowners. The ANT has made arrangements for the acquisition of the ten plots of land within the framework of the delineation of the collective territory of these communities. In relation to the other plots, visits have been carried out to verify the security of the area and actions have been taken for the re-housing of properties, which have been suspended due to the lack of minimum security conditions. The Committee also notes that the Government has implemented programmes to promote rural development for indigenous and Afro-descendant communities at the national level, and in particular for displaced families and voluntary returnees.

The Committee notes that, in their joint observations, the Confederation of Workers of Colombia and the Single Confederation of Workers of Colombia provide information on land claims, such as the case recognizing the ancestral lands of the Barí people, and express their concern at the ongoing conflicts over land between indigenous communities and non-indigenous people from rural areas. The trade unions consider that the problem concerning the recognition of ancestral lands stems from the superposition of multiple legal systems that creates conflicts between indigenous and rural peoples. The Committee also notes that the 2018 report of the Attorney General’s Office, entitled “Systematic violence against territorial rights defenders in Colombia”, states that State institutional weakness, at both legal and structural levels, in the constitutional protection of the territories of indigenous peoples and of Black, Afro-Colombian, Raizal and Palenquero communities, has generated long-term conflicts, fuelled by violent interactions over the years.

The Committee requests the Government to provide updated and detailed information on the activities of the National Land Agency relating to progress in land restitution processes for indigenous and Afro-descendant communities, in particular those who were displaced during the armed conflict, indicating the number and names of the beneficiary communities. It requests the Government to indicate the means and financial resources available to the ANT and other bodies responsible for resolving land restitution claims, and the conflicts generated in this respect. The Committee requests the Government to intensify its efforts to resolve the remaining land conflicts between indigenous communities and non-indigenous persons and to provide information on this matter.

Articles 20 to 22. Conditions of employment. Vocational training. The Committee notes that the Government, through the Directorate for the generation and protection of employment and family allowance of the Ministry of Labour, has identified various barriers to the integration of ethnic groups into the labour market, including a lack of awareness of their community skills, lack of procedures to strengthen their organizational processes from a commercial perspective, lack of basic and secondary education, and lack of knowledge of Spanish. The Government indicates that both the National System for victim support and reparation and the Standing Dialogue Forum with indigenous peoples and organizations seek to encourage differentiated active employment policies. The Committee also notes that, in its concluding observations, the United Nations Committee on Migrant Workers emphasized that the indigenous population on the border between Colombia and the Bolivarian Republic of Venezuela, particularly the Yukpa, and Wayuu peoples, and the Warao cross-border community, are in a situation of vulnerability and face threats of abuse, forced labour and slavery (CMW/C/COL/CO/3 of 13 September 2019, paragraph 52). The Committee requests the Government to take measures to strengthen the vocational, occupational and commercial skills of indigenous peoples to promote their integration into the labour market. The Committee also requests the Government to indicate the measures taken to ensure that the labour inspectorate can carry out its activities in border areas with a high concentration of indigenous migrant workers, in order to monitor their working conditions.

Articles 24 and 25. Social security and health. The Committee notes the Government’s indication that the Ministry of Health and Social Welfare has been taking steps to guarantee that ethnic groups are covered by the General Health and Social Security Scheme (SGSSS). The Government indicates that it is the obligation of health providers and public hospitals to deliver care to ethnic groups not affiliated with the SGSSS and not able to pay. It indicates that affirmative actions have been taken through the inclusion of the indigenous population in the SGSSS’s subsidized branch and that the funds for the subsidies for this population are channelled by the State through the mayor’s offices to the bodies promoting indigenous health. The Committee notes the detailed information provided by the Government on the manner in which ethnic groups participate in the SGSSS and the specific actions carried out by the Ministry of Health and Social Welfare with the indigenous, Afro-descendant and Roma populations. It also notes that the healthcare sub-committee of the Standing Dialogue Forum with indigenous peoples and organizations has been working on structuring the independent and intercultural indigenous health system. The Committee requests the Government to continue providing information on the progress made in expanding the social security regime to indigenous peoples, specifying the number of persons belonging to the peoples covered by the Convention who are under the subsidized scheme. The Committee also requests the Government to report on the progress made in structuring the independent and intercultural indigenous health system, indicating how the cooperation of indigenous peoples in the administration and organization of health services is guaranteed.

Part VI. Education. The Committee notes the Government’s indication that the Ministry of National Education has collaborated with national indigenous organizations in the development of the independent indigenous education system, for which the Standing Concertation Forum adopted methodology for the consolidation of a draft standard on the subject. The Committee notes that the report of the Coordinating Body of Indigenous Organizations in the Amazon Basin (COICA) indicates that, despite the significant autonomy granted to the indigenous authorities in the management of their educational policies, the Government retains the competence for coordinating curricular and pedagogical principles at all levels of education. The Government points out that it has also been consolidating the educational policy for the Black, Afro-Colombian, Raizal and Palenquero populations within the National Pedagogical Commission. Within the context of a differential approach in national education, the Government indicates that between 2007 and 2017 it signed approximately 292 agreements with indigenous organizations and 42 agreements with community organizations and councils of Black, Afro-Colombian, Raizal and Palenquero communities for the development of ethnic group-based educational projects. The Government reports on the implementation of a training plan for community teachers with an intercultural approach and on progress in the development of a training plan for translators and interpreters in native languages and Spanish. The Government also indicates that it has developed the Higher Education Inclusion Index as a tool that enables higher education institutions to recognize the manner in which they manage the diversity of their students. In addition, in order to ensure that Black, Afro-Colombian, Raizal and Palenquero populations access and remain in higher education, the Government has launched the Black Communities Fund, which has benefited a total of 294 students from the departments of Chocó, Valle, Cauca, Nariño, Atlántico and Bolívar, the majority of whom are women of African descent. The Committee requests the Government to continue providing information on progress in the development and establishment of an intercultural education system, indicating how this is coordinated with the general national education system, and how cooperation is facilitated with the peoples covered by the Convention in the development and implementation of study programmes. The Committee also requests the Government to continue providing updated data on the number of students enrolled in programmes designed to promote access to and retention of members of indigenous peoples and persons of African descent in higher education institutions.

The Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), received on 31 August 2018, in which they place emphasis on the measures adopted in recent years to protect and extend the rights of men and women domestic workers. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2018, and the Government’s response, received on 19 November 2018. The Committee requests the Government to provide its comments on the observations of the ANDI and the IOE.

Article 6 of the Convention. Fair terms of employment and decent working conditions. In its previous comments, the Committee requested the Government to take the necessary measures to amend sections 77 and 103 of the Substantive Labour Code to ensure that domestic workers have the same trial period, the same period of notice for the termination of fixed-term contracts and the same guarantees as other workers. It also requested the Government to indicate the measures envisaged or adopted to ensure that domestic workers, like other workers generally, enjoy fair terms of employment and decent working conditions. The Committee notes that the Government indicates once again that the labour rights and guarantees recognized in national legislation apply equally to domestic workers, on the basis, among other provisions, of Article 13 of the Constitution, which sets out the principle of equality, and Article 53, which establishes the minimum labour rights recognized for all workers. The Committee notes with interest ruling No. C-028/19, of 30 January 2019, of the Constitutional Court of Colombia, which declares inapplicable section 77(2) of the Substantive Labour Code, which provided for the presumption of a trial period of 15 days in the contracts of domestic workers, while subsection 1 did not establish any such presumption for other workers, but provided that the trial period was to be set out in writing. Section 77(2) was declared inapplicable on the grounds that it was incompatible with Articles 13 and 53 of the Political Constitution. The Constitutional Court emphasized in particular that “the precept included differentiated treatment in respect of domestic work, which is undertaken mainly by women with few means and a social protection deficit”. It also found that “as it is established that the majority of their labour relations are agreed through verbal contracts, in which the presumption of the trial period applies, which is not the case of employees engaged in other types of work, in contravention of the principles set out in Article 53 of the Constitution respecting equality of opportunities and the performance of work under decent and just conditions.” With regard to section 103 of the Substantive Labour Code, which provides for a written notice period of 30 days for the termination of fixed-term contracts, except in the case of domestic workers, for whom there is a notice period of only seven days, the CUT, CTC and CGT indicate that no measures have been adopted to amend the section with a view to guaranteeing equality for domestic workers in relation other workers with regard to the period of notice required for the termination of contracts of employment. The Committee therefore reiterates its request to the Government to take the necessary measures to amend section 103 of the Substantive Labour Code with a view to ensuring that domestic workers benefit from the same period of notice for the termination of fixed-term contracts, as well as the same guarantees as other workers. The Committee also requests the Government to continue providing information on the measures adopted or envisaged to ensure in practice that domestic workers, like workers generally, enjoy fair terms of employment and decent working conditions, as envisaged in Article 6 of the Convention.

Articles 6, 9(a) and 10. Workers who reside in the household. Decent living conditions that respect their privacy. Equality in respect of other workers in relation to hours of work and overtime compensation. In response to its previous comments, the Government indicates that domestic work can take three forms: internal, that is those who reside in the household; external, that is those who do not reside in the household; and daily, that is domestic workers who do not reside in the household and only work certain days of the week, for one or more employers. The Government adds that the working hours of domestic workers therefore vary depending on the form of their work. In this regard, the Government reiterates that the ordinary maximum hours of work established by law for external or daily domestic workers are eight in the day and 48 in the week. All hours that are worked in addition to the maximum number of hours established are considered to be overtime and paid as such. With regard to domestic workers who reside in the household, the Government refers once again to ruling No. C-372 of 1998 of the Constitutional Court, under the terms of which such domestic workers may not work more than ten hours a day. According to the High Court, when the hours of work a domestic worker are over that limit, such hours must be paid as overtime, under the terms of the labour legislation. The Government adds that the domestic worker and the employer may agree fewer hours than the legal maximum, in which case the wages paid will be proportional to the hours worked. The CUT, CTC and CGT observe that measures have not been taken to eliminate the discrimination existing for domestic workers who reside in the household in relation to other workers with regard to maximum hours of work and overtime pay. The workers’ organizations reiterate that in practice such different treatment implies that, due to the exception to maximum working hours establishing a maximum of ten hours a day for live-in domestic workers, the additional two hours that they may work, are not included and therefore not paid as overtime, compared to the situation of other workers, for whom maximum daily hours of work are set at eight. In its reply, the Government reiterates that the limit of ten hours of work a day established by the case law of the Constitutional Court is applied to live-in domestic workers, while the normal maximum statutory working time of eight hours a day is applied to other domestic workers. The Government adds that, although the maximum weekly limit of 48 hours set out in section 161 of the Substantive Labour Code does not apply to live-in domestic workers, Sunday is the compulsory day of rest for all workers. In the event that work is performed on a Sunday, the appropriate supplement has to be paid, and if more than three Sundays are worked in a month, the employer is required to grant the worker the corresponding compensatory rest. Finally, the Committee notes that the Government has not provided information in its report on the existence of provisions regulating the quality of food, the nature of accommodation or the right to privacy that must be enjoyed by domestic workers who reside in the household. The Committee recalls that, under the terms of Article 9(a) of the Convention, each member shall take measures to ensure that domestic workers are free to reach agreement with their potential employer on whether to reside in the household. When workers reside in the household, legal provisions on their living conditions are an essential component of the promotion of decent work for them. The Committee considers that the legislation should set out the obligations of employers in this respect. The Committee once again requests the Government to take the necessary measures to guarantee equal conditions in terms of normal hours of work between domestic workers who do not reside in the household and those who do. The Committee also once again requests the Government to provide information on the measures adopted to ensure that domestic workers who reside in the household receive overtime compensation under equal conditions with other workers. It also requests the Government to provide detailed information on the manner in which the quality of food, the nature of their accommodation and the right to privacy of domestic workers who reside in the household are regulated.

The Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), received on 31 August 2018, in which they place emphasis on the measures adopted in recent years to protect and extend the rights of men and women domestic workers. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2018, and the Government’s response, received on 19 November 2018. The Committee requests the Government to provide its comments on the observations of the ANDI and the IOE.

Article 3(1), (2)(a) and (3) of the Convention. Freedom of association and collective bargaining. In reply to the Committee’s previous comments, the Government reiterates that the guarantees of the exercise of the fundamental rights of freedom of association and collective bargaining recognized in articles 39 and 55 of the Political Constitution apply to domestic workers under the same conditions as to other workers. The Government indicates that labour and social security inspectors have the power to levy fines for acts that are in violation of the right to organize. In this regard, section 39(2)(a) of Act No. 50 of 1990 includes, among the acts by employers that are in violation of the right to organize, making it difficult for their personnel to join a union through the use of handouts or promises, or making it a condition for obtaining or retaining a job; and dismissing, suspending or changing conditions of work by reason of workers’ activities to establish trade unions. Moreover, the offence of the violation of the rights of association and assembly is criminalized by section 200 of Act No. 1453 of 2011. The Government indicates in its report that six organizations of domestic workers are registered in the database of the union register. The CTC, CUT and CGT indicate that, although the number of organizations of domestic workers has increased, their membership continues to be very low in comparison with the actual number of domestic workers. According to the calculations of the workers’ confederations, there are around one million men and women domestic workers in the country, of whom approximately 1,000 are unionized, as a result of which the unionization rate is 0.1 per cent in the domestic work sector. They add that domestic workers exercise their right to organize in hiding out of fear of dismissal, and usually on non-working days. The workers’ confederations refer to cases of the dismissal of domestic workers on the grounds of their trade union membership or participation in trade union activities, as well as the fact that there has not been any collective bargaining in the domestic work sector. In response, the Government indicates that there have been no administrative procedures for violations of the rights of domestic workers arising out of their trade union membership as a result of complaints lodged by domestic workers or workers’ organizations. Finally, the Government indicates that, within the framework of the tripartite round table to follow up the implementation of the Convention, organizations of domestic workers and of employers are participating in the design and development of public policies with a view to promoting decent work in the domestic work sector. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to ensuring the effective exercise in practice of the right to freedom of association and collective bargaining of domestic workers.

Article 3(2)(b). Forced labour. In response to the Committee’s previous comments, the Government refers once again to article 17 of the Constitution, which prohibits slavery, servitude and trafficking in human beings, and article 25, which recognizes the right of all persons to work in decent and fair conditions. In their observations, the CUT, CTC and CGT report cases in which they allege that domestic workers are required to perform work that is not included in their contract of employment and to work in houses other than those of their employers or enterprises. They also report that the labour inspection services do not carry out investigations into forced labour since, as a criminalized act, they consider it to be a matter for criminal investigation, and not for the labour authorities. The Government reports the absence of complaints in the database of the Ministry of Labour in relation to the cases denounced by the workers’ confederations. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged to guarantee in practice the protection of domestic workers from all forms of forced or compulsory labour. The Committee also requests the Government to provide statistical data on the number and nature of the offences reported in relation to cases of forced labour in the domestic sector, the investigations conducted, prosecutions and convictions.

Articles 3(2)(c) and 4. Child labour. Minimum age. The Government reports the development of the public policy component on the prevention and eradication of child labour and the protection of young workers 2017–27. The general objectives of the policy include action to address child domestic labour which, in view of its size, the extent of the violations, the circumstances and context in which it is performed, places girls, boys and young persons at a risk that is not visible. The Committee also notes the information provided by the Government on the action undertaken by the Ministry of Labour in relation to child labour between July 2016 and April 2017, including: inspections of the places in which minors work to follow up the authorizations issued for work by boys, girls and young persons; and training for labour and social security inspectors on the legislation in force on the protection of boys, girls and young persons. The workers’ confederations report that cases of child domestic work frequently involve the daughters of rural workers in houses in cities, where they are confined to the workplace and do not have access to education. With reference to the authorizations issued for work by minors, the Government indicates that between June 2016 and April 2018, a total of 5,048 authorizations were issued, 249 applications were refused and 136 were renewed. Moreover, 4,095 inspections were undertaken of the working conditions of minors engaged in work. In this regard, the Committee notes the indication by the CUT, CTC and CGT that cases in which authorizations are issued are more numerous than those in which they are denied, and that the Government does not indicate the authorizations issued in the domestic work sector. They also report alleged cases of the corruption of labour inspectors in relation to authorizations for work by minors. The Government indicates that in order to issue an authorization, labour inspectors have to comply with the requirements set out in section 3(36) of Decision No. 1796 of 2018, which prohibits work by minors in activities related to domestic work in their own households and in those of third parties for over 15 hours a week. With regard to the alleged cases of the corruption of the labour inspection services, the Government observes that the workers’ confederations have not provided evidence to support their allegations. It also reports the adoption of various measures by the Ministry of Labour to identify and bring to an end possible cases of corruption, including the establishment of a telephone line for complaints. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to the eradication of child labour in the domestic work sector, including those adopted under the public policy component for the prevention and eradication of child labour and the comprehensive protection of young workers 2017–27. The Committee also requests the Government to provide statistical data on cases of child domestic labour that are identified, the investigations conducted, prosecutions and sanctions imposed.

Articles 3(2)(d) and 11. Discrimination based on sex and race. Minimum wage. In its previous comments, the Committee referred to comments it had made concerning the Equal Remuneration Convention, 1951 (No. 100), and anticipated that the Government would take the necessary measures to amend the relevant legislation with a view to ensuring equal remuneration for men and women domestic workers for work of equal value. Moreover, noting that women Afro-Colombian domestic workers receive remuneration that is lower than the national minimum wage, it requested the Government to provide detailed information on the manner in which the application in practice is ensured in the domestic work sector of section 143(b) of the Substantive Labour Code, which prohibits differences in wages based, inter alia, on sex and race. The Government reports that on 18 May 2018 a proposed amendment to Act No. 1496 of 2011 was submitted to the Gender Subcommission of the Standing Tripartite Dialogue Commission on Wage and Labour Policies to guarantee equal wages and remuneration from work for women and men, establish machinery to eradicate any form of discrimination and adopt other provisions with a view to introducing the principle of equal wages for work of equal value. However, the Committee observes that the Government has not provided information in its report on the measures adopted to guarantee in practice the application of section 143(b) of the Substantive Labour Code in the domestic work sector with a view to the elimination of wage differences based, inter alia, on sex and race. The Committee also notes the indication by the CUT, CTC and CGT that domestic workers receive daily pay, depending on the city, of between 20,000 and 50,000 Colombian pesos, which is below the minimum wage. In that regard, the Government indicates that the remuneration received by domestic workers cannot be lower than the minimum wage and that they should also receive payment for overtime. The Government adds that ignorance of these rights does not exempt employers from their responsibilities or from sanctions for failure to comply with these provisions. The Committee requests the Government to provide information on the situation in relation to the proposed amendment to Act No. 1496 of 2011 and to provide a copy once it has been adopted. The Committee once again requests the Government to provide detailed information on the manner in which the application is ensured in practice of section 143(b) of the Substantive Labour Code in the domestic work sector, including reports from the labour inspectorate detailing the number of violations detected and the remedial action taken in this respect.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Committee notes that, in reply to its previous comments, the Government reiterates that domestic workers are protected on an equal footing with other workers by Act No. 1010 of 2006, under which measures are taken to prevent, correct and penalize work-related and other forms of harassment in the context of employment relationships. However, the Government does not indicate the manner in which full protection is ensured for domestic workers in the event of any of the extenuating circumstances set out in section 3 of Act No. 1010 of 2006, such as violent emotions, excusable passion or state of anger (which is not applicable in the event of sexual harassment), previous good conduct and discretionary compensation, even partial, for the damages caused. The Committee also notes the Government’s indication that the Labour Equity Group with a focus on gender of the Ministry of Labour has undertaken various activities to prevent and combat labour harassment and sexual harassment of women workers, including the training of labour inspectors in the various territorial departments, as well as the development of a tool for their use with a view to the identification of the types of violence referred to in complaints, and particularly those based on gender. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged with a view to ensuring compliance in practice with this Article of the Convention, especially in the case of migrant domestic workers. The Committee also requests the Government to provide statistical data on the number of complaints received by the various competent bodies concerning harassment, abuse and violence in the context of domestic work, their outcome, the penalties imposed on those responsible and the compensation granted. Moreover, recalling that section 3 of Act No. 1010 of 2006 provides for very broad attenuating circumstances in the case of workplace harassment, the Committee encourages the Government to remove those attenuating circumstances in order to ensure the full protection of domestic workers in the event of such circumstances.

Article 7. Understandable information on conditions of employment. Written contract of employment. In response to the Committee’s previous comments, the Government indicates that the Sub-directorate for Employment Formalization and Protection of the Ministry of Labour has undertaken awareness-raising and promotional activities on the labour rights of domestic workers, including participation in the media and the production of booklets and brochures. Through the National Citizens’ Service Programme, information is also provided to workers and employers on their rights and obligations, as well as on the various complaint mechanisms available. This information is available in the territorial departments and municipal inspection services throughout the country, as well as over a free telephone line. The CUT, CTC and CGT indicate that oral contracts continue to be used in general in the domestic work sector, and do not include the minimum terms and conditions set out in this Article of the Convention. The workers’ confederations allege that, in the absence of a written contract setting out the work to be performed, domestic workers are obliged to carry out additional unpaid work and to perform work that is not related to domestic work. They also emphasize that the Government has not adopted any type of model contract in the domestic work sector, and has not held consultations on this subject with the representative organizations of domestic workers. In its reply, the Government indicates that it plans to adopt measures for the preparation of a model employment contract for the domestic work sector. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to ensure in practice that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner, especially in the case of migrant domestic workers. The Committee also requests the Government to provide information regarding the way in which the model contract for the sector will include the elements set out in this Article of the Convention and requests the Government to provide a copy of the model contract when it has been finalized and to indicate whether it was adopted in consultation with the organizations of employers and workers.

Articles 8(1) and 9(c). Migrant domestic workers. Written job offers. Right to keep in their possession their travel and identity documents. With reference to the requirement to provide a written contract to migrant workers prior to them crossing national borders, the Government refers once again to section 37 of Act No. 1636 of 2013 and Decision No. 1481 of 2014, which establish the requirements to be met by management service and job placement agencies in order to recruit workers, including domestic workers, abroad. Section 4 of the Decision provides that “any regulations governing the provision of services shall contain specialized information, guidance and prevention module which shall be brought to the attention of users at the commencement of the provision of the service and at the final stage of pre-selection”. Regulations for the provision of services have to meet these requirements in order to receive the prior technical approval necessary for authorization to be issued by the Special Administrative Unit of the Public Employment Service. However, the Committee observes that the information module does not contain many of the terms and conditions that must be set out in the contract of employment in accordance with the provisions of Article 7 of the Convention, including the provision of food and accommodation, if applicable, and terms and conditions relating to the termination of employment. In their observations, the workers’ confederations emphasize the increasing number of women migrant domestic workers from the Bolivarian Republic of Venezuela. They allege that these women workers, due to their situation of particular vulnerability, earn on average half of the wages received by national female domestic workers. Moreover, they are not registered with the social security system as dependent workers and are not entitled to social benefits. The workers’ confederations report that, out of fear that their irregular migratory situation could be reported, migrant female domestic workers do not initiate action or make a complaint when their rights are violated and are afraid to join unions. They add that in the departments of Santander and North Santander (which are on the border with the Bolivarian Republic of Venezuela), the National Union of Food Workers (SINTRAIMAGRA) has received complaints or requests for advice by irregular Venezuelan female migrant domestic workers concerning allegations of sexual harassment, the failure to pay wages or the payment of wages below the minimum wage. The Government reports the inspection, supervision and control activities carried out to verify the working conditions of migrant workers and identify possible abusive recruitment practices, especially in the case of Venezuelan nationals. It adds that, between January 2017 and September 2018, the Territorial Department of Santander was consulted on six occasions by migrant domestic workers concerning compensation for their unfair dismissal, the payment of social benefits and the non-payment of wages. However, the Government indicates that no complaints have been received and no administrative measures have been taken in relation to the acts alleged by the trade union confederations in their observations. In that regard, the Committee notes that the Government has still not indicated the provision that guarantees that migrant workers are entitled to keep in their possession their travel and identity documents. The Committee requests the Government to adopt the necessary measures to guarantee that migrant domestic workers who are recruited in one country for domestic work in another receive a written job offer or a contract of employment which includes the terms and conditions set out in Article 7 prior to crossing national borders for the purpose of taking up domestic work. In light of the observations made by the workers’ confederations, the Committee also requests the Government to continue providing information on the consultations held and the complaints received, as well as the inspections conducted in relation to the conditions of work of migrant domestic workers, and particularly those from the Bolivarian Republic of Venezuela. The Committee also once again requests the Government to provide detailed information indicating the manner in which it is ensured in practice that domestic workers are entitled to keep in their possession their travel and identity documents.

Article 10(3). Periods during which workers remain at the disposal of the household. In response to the Committee’s previous comments, the Government refers to the memorandum of 8 July 2018 of the Directorate of Inspection, Supervision, Control and Territorial Management, which provides that the working hours of domestic workers vary depending on their employment arrangement (live-out, live-in or daily). The Government reiterates that for domestic workers who reside in the household of the employer (live-in) the working day is a maximum of ten hours a day, while for other domestic workers (live-out or daily workers) the maximum working day is eight hours. When service is required beyond these time limits, it is necessary to recognize and pay overtime hours in accordance with the terms of the labour legislation. The Committee however notes that the Government does not indicate in its report whether periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household in order to respond to possible requests for their services (periods of immediate availability for work) are regarded as paid hours of work. The Committee reiterates its request to the Government to provide information on the manner in which it is guaranteed that periods during which domestic workers are not free to dispose of their time as they please and remain at the disposal of the household are regarded as paid hours of work, in accordance with Article 10 of the Convention.

Article 13. Specific and effective measures to ensure safety and health in domestic work. The Committee notes that, in response to its previous comments, the Government refers to the adoption of Decision No. 1111 of 27 March 2017, which determines the Minimum Standards of the Occupational Safety and Health Management System for employers and contractors. Section 2 of the Decision provides that “the Minimum Standards of the Occupational Safety and Health Management System … for individuals engaged in domestic service shall be established by an independent administrative act”. However, the Government does not provide information in its report on the specific minimum safety and health standards established in the domestic work sector. The Committee also notes that the Government reports, based on the statistical data of the Directorate of Labour Risks and the Federation of Colombian Insurers (FASECOLDA), that the number of domestic workers registered with labour risk administrators increased from 121,404 in 2017 to 125,069 in the first quarter of 2018. The Committee requests the Government to provide information on the application in practice of the minimum standards of the Occupational Safety and Health Management System established for the domestic work sector. It also requests the Government to continue providing statistical information, disaggregated by sex, on the number of domestic workers covered by insurance through labour risk administrators.

Article 14. Social security. In response to the Committee’s previous comments, the Government reports that between January 2015 and January 2017, the number of domestic workers registered fell from 101,335 to 96,159 for health protection, from 92,953 to 89,988 for pension coverage, from 100,933 to 95,935 for risk insurance and from 98,731 to 95,891 for family subsidies. The CUT, CTC and CGT emphasize that the number of domestic workers registered with the social security system continues to be very low (only 10 per cent). The Committee also notes that measures have continued to be taken to promote the registration of domestic workers with the social security system, including hourly domestic workers. The Government refers, among other measures, to the holding of a meeting on 27 April 2018, supported by the ANDI, to develop measures to strengthen awareness-raising concerning Act No. 1788 of 7 July 2016, which guarantees universal access to entitlement to the service bonus for men and women domestic workers, and the implementation of measures to raise awareness of Decree No. 2616 of 2013, establishing a weekly contribution mechanism to the pension system. However, the Government reports that lack of knowledge by domestic employers and workers of the applicable legislation continues to be an obstacle to its effective implementation. The Government also reports difficulties relating to the application of Decree No. 2616 of 2013, which does not refer to the registration of daily workers with the health system. The Committee requests the Government to continue providing information on the measures adopted or envisaged with a view to promoting the registration of domestic workers with the social security system. The Committee also requests the Government to continue providing statistical data, disaggregated by sex, on the number of domestic workers paying social security contributions, including an indication of the modality.

Article 15(1)(a), (b) and (e) and (2). Private employment agencies. In response to the Committee’s previous comments, the Government indicates that Decree No. 1072 of 2015, issuing the single decree regulating labour, provides that public and private employment management and placement agencies are service providers to the Public Employment Service. Such agencies are required to comply with the principles of the Public Employment Service for the provision of management and placement services, establish rules regulating the provision of services and inform users of them, and provide basic employment management and placement services free of charge for workers. The Government adds that, in the event of failure to comply with the requirements for the provision of employment management and placement services, the penalties include fines, suspension or the withdrawal of authorization. The Committee requests the Government to provide statistical data on the number of complaints received for alleged abuses and fraudulent practices by private employment agencies in relation to domestic workers, the violations identified and the penalties imposed.

Article 17(1). Complaint mechanisms. The Government indicates that, through the territorial departments, labour inspection services and labour guidance and support centres, guidance is provided to domestic workers on their rights and duties in relation, among other issues, to working time, wages, the payment of work on Sundays and public holidays, entitlement to social benefits and the service bonus. Advice is also provided to workers concerning their requests, complaints, claims, suggestions and denunciations. The Government indicates that between June 2016 and March 2018 the territorial departments were consulted on 29,719 occasions by domestic workers seeking information. The Government adds that, between January 2016 and April 2018, a total of 7,232 conciliation procedures were undertaken by labour inspectors in relation to disputes between workers and employers in the domestic work sector. In their observations, the workers’ confederations emphasize that the figures show a very sharp increase in the number of conciliation procedures, in contrast with the low number of labour inspections conducted (between June 2016 and March 2018, there were only 16 labour inspections in the domestic work sector and 53 penalties were handed down for violations of the rights of workers). In this regard, the workers’ confederations consider that conciliation does not safeguard or protect the rights of domestic workers, as labour inspectors act as mere mediators in the unequal employment relationship that generally exists between domestic workers and their employers. The CUT, CTC and CGT consider that effective complaint procedures are necessary to guarantee that violations of the rights of domestic workers are investigated and punished. The Government expresses the view that the high number of conciliation procedures is due to the fact that in the event of the violation of their rights domestic workers tend to opt for this expeditious means of resolving disputes, as it allows the flexible settlement of disputes and achieves the desired results. The Committee requests the Government to continue providing detailed information on the measures adopted or envisaged to ensure compliance in practice with this Article of the Convention. The Committee also requests the Government to continue providing detailed information on the number of complaints made by domestic workers to the various competent bodies, the penalties imposed and the compensation granted.

Article 17(2) and (3). Labour inspection and penalties. In response to the Committee’s previous comments, the Government indicates that the inspection of the working conditions of domestic workers, including internal domestic workers, is part of the national inspection system. However, the fact that the workplace is the home of the employer makes inspection difficult. Inspection in the domestic work sector therefore requires a different approach, as a result of which supervision of compliance with labour and social security provisions by the labour inspection services is carried out by requesting a series of elements from the employer with a view to carrying out a preliminary verification and/or administrative labour investigation. The Government reports that between June 2016 and March 2018 a total of 15 inspections were carried out in relation to all labour undertaken in households through a preliminary verification and an inspection in the case of administrative labour investigations. However, the Committee observes that the Government has not indicated which of the inspections were undertaken in the domestic work sector. The CUT, CTC and CGT emphasize that the conditions have not yet been established under which the access of the inspection services is authorized to household premises, having due respect for privacy. The workers’ confederations consider that it is necessary to prepare a labour inspection strategy for the domestic work sector and to establish a body of inspectors specialized in the sector in each territorial department of the Ministry of Labour. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the development and application in practice of a labour inspection strategy for the domestic work sector, as well as for the application of the legislation and sanctions, having due regard for the special characteristics of domestic work. The Committee also requests the Government to provide information on the number of inspections in the domestic work sector, the number of violations identified and the penalties imposed. The Committee also reiterates its request for the Government to specify, insofar as compatible with national laws and regulations, the conditions under which access to household premises may be granted, having due respect for privacy.

Article 18. Measures for the implementation of the provisions of the Convention. The Government reports the various activities undertaken within the context of the tripartite round table to follow up the implementation of the Convention. In this respect, the Government refers to the presentation on 17 October 2017 of the Inter-Union Agenda for the Domestic Work Sector by the Confederation of Women Afro-Colombian Domestic Service Workers in Colombia (USTRAD) and the SINTRAIMAGRA. The contents of the Agenda were presented on 22 March 2018 and include the development of activities in relation to the legal aspects of domestic work, the Afro-Colombian and gender components in the sector, social security, inspection, supervision and control, as well as awareness-raising and educational campaigns. The Committee requests the Government to provide detailed information on the activities of the tripartite round table to follow up the implementation of the Convention, as well as copies of the annual reports that the Ministry of Labour submits to the Congress of the Republic on the action taken and progress achieved in guaranteeing decent working conditions in the domestic work sector.

Application of the Convention in practice. The Committee requests the Government to continue providing information on any judicial or administrative decisions relating to the application of the Convention and to provide copies of the decisions.

Comments adopted by the CEACR: Colombia

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C019 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C023 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Repatriation of Seamen Convention, 1926 (No. 23)

C025 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C169 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C169 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Colombia

Display the list by:

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C019 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C023 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Repatriation of Seamen Convention, 1926 (No. 23)

C025 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C169 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C169 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C189 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)