Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Colombie (Ratification: 2005)

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 24 August 2017, and those of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017.

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

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

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

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

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

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

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

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

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