Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Colombia (Ratification: 1969)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), received on 30 August 2024. It also 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 3 September 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National strategy. With reference to the measures adopted within the framework of the National Strategy to Combat Trafficking in Persons (2020–24), the Government indicates that technical assistance is provided through the Ministry of the Interior to the local committees to combat trafficking in persons at both the departmental and municipal levels. There are active departmental committees with their local plans of action in force in 32 departments. It also reports the establishment of the REDPAT, a technological tool which facilitates the development of local plans of action at the departmental level.

The Committee notes the information that, between July 2021 and June 2024, a total of 635 awareness-raising sessions were undertaken, from which 236,458 persons benefited. Moreover, between 2021 and 2024, the Special Colombian Migration Administrative Unit (UAEMC) gave prevention talks on the crime of trafficking in persons to 119 potential victims of trafficking in the various migration control posts so that they are aware of their rights. In addition, 2,447 consultation and capacity-building activities for the prevention of trafficking in persons were carried out resulting in the increased awareness of 125,010 persons.

The Committee also notes that the Ministry of Labour has included a module in its virtual campus with a view to improving the understanding of trafficking in persons for forced labour, in which 669 public officials participated between 2021 and 2023. Moreover, efforts are made to disseminate information on trafficking in persons, sexual exploitation and the smuggling of migrants, with particular reference to the practices used, the related dangers and risks and the authorities that can be addressed through the national “It’s a lie” (#EsoEsCuento) strategy, with a focus on public spaces related to means of transport, such as airports and bus stations.

The Committee also notes that both the ANDI and the CUT, the CTC and the CGT in their joint observations, while recognizing the implementation of the National Strategy and the existence of a legislative framework to combat trafficking in persons, report the persistence of the problem. With reference to the increase in the number of cases of trafficking, the ANDI indicates that over the past four years, the number of victims of trafficking in persons has increased by 154 per cent. The CUT, the CTC and the CGT also allege that the increase in the number of cases of trafficking in persons over recent years could be attributed to the ineffectiveness of the measures adopted by the Government, the under-reporting of cases of trafficking or the migration crisis confronting the country. In this regard, they call for measures focusing particularly on the Darién region, which is one of the areas with the highest rates of illegal migration.

The Committee further notes that the United Nations Human Rights Committee, in its concluding observations in 2023, noted with concern the persistence of trafficking in persons, and particularly the trafficking of vulnerable persons, such as persons of African descent and indigenous persons (CCPR/C/COL/CO/8). Similarly, the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her final report in 2024 on her visit to Colombia, expressed concern at the incidence of conflict-related trafficking, the presence of armed groups engaging in trafficking in persons and the presence of trafficking for forced labour by armed groups in the illegal mining sector, including in gold mining (A/HRC/56/60/Add.1).

The Committee therefore encourages the Government to continue making all the necessary efforts to prevent and combat trafficking in persons within the framework of the National Strategy, especially in high-risk sectors and in areas where there are significant migration flows. The Committee requests the Government to provide information on: (i) the evaluations of the implementation of the National Strategy undertaken by the Inter-institutional Committee to Combat Trafficking in Persons; (ii) the results achieved; (iii) the difficulties encountered; and (iv) the action proposed by the Inter-institutional Committee with a view to the adoption of a new National Strategy. The Committee also requests the Government to provide information on the coordination between the Inter-institutional Committee and local and municipal committees.

2. Protection of victims. With reference to the protection measures granted to victims, the Government indicates that in 2023 the Ministry of Labour referred 23 victims of trafficking in persons for support from the National Education Service (SENA), of whom 4 victims were registered for coverage by the Public Employment Agency, 11 victims received vocational guidance and 3 victims were given jobs. It adds that 10 persons gained access to the vocational training service and 13 to training courses, and that no victims requested entrepreneurship courses or the certification of vocational skills.

With regard to the strengthening of the identification system, the Government indicates that the Office of the Public Prosecutor (FGN) has drawn up a strategy to address the criminal activities of trafficking in persons and the smuggling of migrants and the associated or related crimes (Decision No. 0-0261 of 2022) and has established an investigation and coordination working group for its implementation. Moreover, Decision No. 205 of 2024 issues regulations covering the Protection Programme for Witnesses, Victims, Persons Involved in the Criminal Trial and Officials of the Office of the Public Prosecutor, adopting security and assistance measures for victims who are at risk as a result of a criminal trial, including physical protection, security plans, changes of housing and adaptation of housing, clothing, psychosocial support, education and work-related training. The Committee further notes that, between 2021 and 2024, the Special Colombian Migration Administrative Unit (UAEMC) provided assistance to 651 repatriated victims who required assistance or support, of whom 80 victims had suffered exploitation through forced labour, 58 per cent of whom were men and 42 per cent women.

In this regard, the Committee notes that the CUT, the CTC and the CGT, in their joint observations, consider that, in view of the low number of victims who request protection measures, it is important to take measures to reach out to victims of trafficking, such as broad awareness-raising campaigns with a view to disseminating information on the mechanisms available through the Government for the restoration of their rights.

The Committee also notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her final report of 2024 on her visit to Colombia, expressed concern at the presence of armed groups and criminal organizations, which hinder prevention and protection measures, and emphasized the under-reporting of cases of trafficking in persons due to fear of and the risks of reprisals by armed groups and criminal organizations, and the limited presence of civilian authorities (A/HRC/56/60/Add.1). The Committee requests the Government to continue taking measures to strengthen the capacities of the authorities so that they take proactive action, especially in areas where there is a high incidence of criminal groups, with a view to the identification of victims of trafficking in persons for labour and sexual exploitation, and to ensure that they are informed of their rights and are provided with comprehensive care and protection. The Committee requests the Government to provide information on this subject.

3. Prosecution and application of criminal penalties. The Committee notes the Government’s indication that between 2014 and 2024 there were a total of 236 cases, of which 184 involved forced labour and 52 concerned slavery. Moreover, between 2020 and the first quarter of 2024, under sections 141B and 188A of the Penal Code, which criminalize trafficking in persons, there were 63 trials in 2020, 97 in 2021, 81 in 2022, 79 in 2023 and 80 in 2024. In this regard, the Committee notes that the CUT, the CTC and the CGT indicate in their joint observations that these figures do not include other forms of trafficking in persons which also involve forced labour, but which are classified differently, resulting in the under-reporting of these crimes. The Committee requests the Government to continue adopting measures for the appropriate identification and investigation of situations of trafficking in persons for both sexual and labour exploitation so that judicial action can be initiated against those presumed to be guilty. In this regard, it requests the Government to provide information on the number of investigations and prosecutions that are under way or have been finalized in relation to cases of trafficking in persons, and on the number of cases in which those responsible were convicted and the type of criminal penalties imposed.

Article 2(2)(a). Purely military character of work undertaken in the context of compulsory military service. In its previous comments, the Committee emphasized that the conception of compulsory military service in Colombia, regulated by Act No. 1861 of 2017, is broader than the exception envisaged in Article 2(2)(a) of the Convention, as conscripts may undertake various types of activities as part of their service that are not of a purely military character and are therefore not covered by the exception envisaged in the Convention. The Committee recalls that compulsory military service in Colombia is of 18 months in duration or 12 months for graduates of secondary education and consists of four stages (basic military training, training in productive work, application in practice and experience of the basic military training, and periods of rest). It may be carried out as a soldier or as an auxiliary of the police or the prison officers service of the National Penitentiary and Prison Institute (INPEC). Under section 16 of Act No. 1861 of 2017, at least 10 per cent of conscripts in each intake are engaged in “environmental” service, that is support activities for the protection of the environment and natural resources.

The Committee notes the Government’s indication in its report that between 2021 and 2024 there were a total of 132,259 conscripts engaged in compulsory military service, with a total of 7,245 conscripts who performed their military service in the INPEC; 1,594 conscripts who performed environmental service and a total of 67,788 police auxiliaries, of whom 10 per cent performed environmental service in parallel or in addition to the work covered by that service.

With regard to training in productive work, the Government indicates that the National Apprenticeship Service (SENA) concluded Agreement No. 001-2023 with the Ministry of National Defence and the national police with a view to strengthening skills. In this regard, the Committee notes the list of personnel provided by the Government, which includes the persons registered with the various training programmes in the SENA in 2021–24. The Committee also notes that conscripts who carried out their military service during the period 2012–24 in the national police did not participate in training programmes for productive work. The Government adds that there is an academic training programme of basic instruction for auxiliaries in the INPEC prison officers service, which is considered to be a basic vocational training course for reservists who wish to join the INPEC.

The Committee further notes that Act No. 2272 of 2022 created the social service for peace as an alternative to military service, and that it is regulated by Decree No. 1079 of 2024. The social service for peace is 12 months in duration and can be performed in various areas, such as digital numeracy, work with victims of conflict, support and implementation of the peace agreement, the promotion of public policies for peace and the protection of nature. The Public Service Administrative Department, in coordination with the Ministry of Equality and Equity, is responsible for implementing the processes of call-up, registration, selection and prioritization, entry, training, practice and completion of this social service.

The Committee notes that the CUT, the CTC and the CGT emphasize in their joint observations that both environmental service and the guard work undertaken for the INPEC are not purely military services and that, in the case of the INPEC, these duties can be carried out by specialized public officials. The unions consider that these types of work are not included in the exception envisaged in the Convention and suggest that the legislation should be amended so that work as prison guards and environmental service do not form part of compulsory military service in the strict sense.

The Committee, while understanding the social and environmental considerations underlying the diversification of the work performed within the context of the requirement to undertake compulsory military service, including social service for peace as an alternative to military service, recalls that the existence of a choice between the performance of purely military service and work that is not of a military character, does not in itself exclude the application of the Convention, as the choice between the different types of service is made within the context of the requirement to perform compulsory service, as set out in section 4 of Act No. 1861. In this regard, the Committee regrets to note that the Government did not take the opportunity offered by the adoption of Act No. 2384 of 2024 (amending some provisions of Act No. 1861) to adapt the legislation governing compulsory military service in light of the provisions of Article 2(2)(a) of the Convention.

The Committee once again emphasizes that the requirement to perform military service is not contrary to the Convention where conscripts exclusively undertake work or services of a purely military character. The Committee therefore urges the Government to take the necessary measures to revise the legislation governing compulsory military service in light of the provisions of Article 2(2)(a) of the Convention so as to ensure that the work carried out within the context of the requirement to perform military service is limited exclusively to activities or work of a purely military character. The Committee suggests that the Government, while taking measures to amend the legislation, should examine the possibility of taking urgent measures so that non-military duties, such as the work performed as INPEC auxiliaries, in the police, or environmental service or social service for peace, do not form part of the requirement to perform military service, although they are considered an alternative service.