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

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

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.