Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Colombia (Ratificación : 2005)

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 Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 3 September 2024. The Committee requests the Government to provide its comments in this respect.

Articles 3(a) and 7(1) and (2)(b) of the Convention. Worst forms of child labour. Sale and trafficking of children, penalties and effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information, in its report, on the different measures adopted to prevent the trafficking of children and young persons, in particular: (1) the adoption of Act No. 2205 of 2022 amending sections 175 and 201 of Act No. 906 of 2004 and establishing the Special Investigative Unit for Prioritized Crimes against Children and Young Persons, to expedite legal proceedings related to serious crimes against minors; (2) the adoption of Resolution No. 409 of 2023 establishing the Investigative Taskforce for Prioritized Crimes against Children and Young Persons, to strengthen the investigative capacity of the Office of the Attorney-General for crimes against minors, ensuring specialized and priority attention in the investigation and prosecution of those crimes; and (3) the awareness-raising campaign #EsoEsCuento (“It’s a fairytale”), which is a strategy for the prevention of trafficking in persons, commercial sexual exploitation and smuggling of migrants, through which interventions with the wider community have been implemented in public spaces related to means of transport, prioritized school settings and youth networks in areas of high vulnerability to crime, with the aim of preventing such crimes and alerting persons to the recruitment mechanisms used by traffickers and sexual exploiters.

The Committee notes the detailed information provided by the Government on the “Road map for the provision of care for children and young persons affected by trafficking in persons”, which explains the procedure to be followed by the Colombian Family Welfare Institute (ICBF) for the comprehensive care of children who are victims of trafficking, as part of the National Strategy against Trafficking in Persons 2020–2024, as well as on the Technical Guidelines for the Specialized Care of Child and Young Victims of Trafficking in Persons, which include legal support, technical and legal advice, legal representation, and access to health and education services.

The Committee also notes that, during the period between July 2022 and June 2024, a total of 5 boys and 49 girls began the administrative process for the restoration of rights on the grounds of trafficking (48 for sexual exploitation, 3 for labour exploitation, 1 for trafficking for servitude, 1 for begging, and 1 for forced marriage).

The Committee notes that, according to the report of the Special Rapporteur on trafficking in persons, especially women and children: (1) trafficking in children for a range of purposes of exploitation persists, including sexual exploitation, exploitation in criminal activities, recruitment and use in support roles and in combat roles, and for purposes of domestic servitude; (2) the increase in the budget of the national fund to combat trafficking in persons in 2023 was welcomed; (3) in 2022, a protocol for identifying, protecting and assisting victims of trafficking in migration contexts was adopted; (4) concerns were raised during the visit that assistance for victims remains limited; and (5) the absence of safe accommodation for victims is particularly alarming despite the fact that the ICBF provides partial funding for two shelters that assist children who are victims of trafficking (A/HRC/56/60/Add.1, 20 May 2024, paragraphs 32, 68, 69, 70 and 73). The Committee requests the Government to continue to take measures to prevent the trafficking of children and to provide appropriate direct assistance to child victims to ensure their rehabilitation and social integration, and to provide information on the measures adopted. The Committee also requests the Government to provide information on the number and nature of the violations observed, the investigations and prosecutions carried out, and the criminal penalties imposed.

Forced recruitment of children for use in armed conflict. With regard to the investigations and prosecutions undertaken in relation to the recruitment and use of children under the age of 18 years in armed conflict, the Committee notes the following information provided by the Government: (1) the Directorate for Policy and Strategy (DPE) and the Directorate to Support Investigations and Analysis on Organized Crime (DAIACCO) receive, by special assignment from the Office of the Attorney-General, investigations into crimes that are allegedly attributable to organized groups, and take charge of these investigations until their completion; (2) between June 2021 and June 2024, 1,313 inquiries were conducted in relation to the “illicit recruitment of minors”, three sentences were handed down, five investigations were conducted and six trials were held; (3) during the same period, 652 inquiries were conducted in relation to the “use of minors”, 439 sentences were handed down, 179 investigations were conducted and 723 trials were held; and (4) between June 2023 and July 2024, the DAIACCO reported six convictions handed down against armed groups, seven rulings resulting from a pre-settlement, and two plea bargains due to acceptance of the facts.

Regarding the measures adopted to ensure comprehensive care for children who are victims of forced recruitment by armed groups, and to prepare them for social integration, the Committee notes that, according to the Government: (1) since 1999, the ICBF has continued to implement the specialized care programme on restoring rights for child and young victims of illicit recruitment who leave armed groups operating outside of the law; (2) as part of the care provided to child victims who have left an organized armed group, the ICBF must verify their physical and psychological health, nutritional and vaccination status, and registration in the civil birth registry, as well as the location of their family of origin, conduct a study of the family environment, identify elements of both protection and risk for the enforcement of their rights, and check whether they are registered with the health, social security and education systems; (3) the process for the provision of care includes the technical guidelines for the implementation of the model of care for children and young persons in procedures for the restoration of rights, which were approved by Decision No. 4199 of 15 July 2021; and (4) care was provided to 302 children and young persons between July and December 2022, 419 between January and December 2023, and 373 between January and April 2024. The Committee also notes that ANDI underscores the progress made in the provision of assistance and care, and the restoration of rights for child and young victims of illicit recruitment.

The Committee notes that the Special Rapporteur on trafficking in persons: (1) expressed concern about the continued incidence of forced recruitment by armed groups among indigenous and Afro-Colombian communities, as well as the recruitment and use of children; (2) noted that, in addition to combat roles, children are used by armed groups in support roles, such as acting as lookouts and assisting in activities such as the supply of narcotics and smuggling, while girls are specifically targeted for purposes of sexual exploitation, sexual slavery, child marriage and domestic servitude; (3) expressed concern at the limited assistance and protection given to children who escape from armed groups or criminal organizations, as they are at high risk of violence or reprisals, including being assassinated or becoming once again victims of trafficking, cases that are not always reported due to the lack of trust in the protection mechanisms available, fear of reprisals and continuing concerns in relation to the possible complicity of law enforcement authorities in the activities of armed groups and criminal organizations; and (4) noted that where children and young people are demobilized, with limited protection or follow-up mechanisms in place, serious risks of re-trafficking remain. The Committee also notes that the Special Rapporteur was concerned that children are not recognized as victims, are not provided with assistance and protection measures and may be subject to criminal prosecution, in violation of the non-punishment principle, highlighting the particular vulnerability of children and the impact of intersectional and multiple discrimination based on race and ethnicity and gender (A/HRC/56/60/Add. 1, 20 May 2024, paragraphs 15, 33, 34 and 36).

The Committee also notes that, according to the report of the United Nations High Commissioner for Human Rights: (1) the Office of the High Commissioner and the Secretary-General verified 134 cases (86 boys, 42 girls and 6 children whose sex is unknown) of recruitment or use of children in the armed conflict by non-State armed groups and criminal organizations; (2) such violations are highly underreported, and so these figures are mere illustrations of a wider problem, and it is of particular concern that, in 75 cases, the victims belonged to ethnic groups (71 indigenous persons and 4 Afrodescendants); and (3) five children were tried for having been members of a non-State armed group, instead of seeing their rights restored and their status as victims recognized (A/HRC/55/23, 12 July 2024, paragraphs 16 and 17). While noting the efforts of the Government to prevent the recruitment of children in armed conflict, the Committee notes with deep concern that armed groups continue to recruit and use children in armed conflict. The Committee therefore urges the Government to take the necessary measures to ensure the full and immediate demobilization of all children and to put a stop to the forced recruitment of children in armed groups, including by: (i) ensuring that investigations and prosecutions of all persons who forcibly recruit children under 18 years of age for use in armed conflict are carried out to facilitate the imposition of sufficiently effective and dissuasive penalties in practice; and (ii) ensuring comprehensive care for all children who are victims of forced recruitment by armed groups, preparing them for social integration, and ensuring that they are treated as victims and not as criminals. In this regard, the Committee requests the Government to continue to provide information on: (i) the investigations and prosecutions undertaken and the convictions imposed on those responsible for the recruitment and use of persons under 18 years of age in armed conflict; and (ii) the number of victims who have benefited from the specialized care programme for social reintegration.

Articles 3(b), 7(1) and 7(2)(b). Use, procuring or offering of a child for prostitution, penalties and effective and time-bound measures. Direct and necessary assistance for the removal of children from the worst forms of child labour and for their rehabilitation. Commercial sexual exploitation of children. The Committee notes with interest the Government’s information that Act No. 2197 of 2022 was adopted, which amends section 9 of Act No. 1336 of 2009, and which establishes that: “Annulment of ownership shall be applied to hotels, boarding houses, hostels, residences, apartment hotels and other establishments that provide hosting services, where such properties are used for activities involving the sexual use of children and young persons”. The Government also indicates that, under the first component of the Public Policy Framework for the Prevention and Elimination of Commercial Sexual Exploitation of Children and Young Persons, which concerns the promotion of rights and prevention, the following measures were taken: (1) in 2023, technical assistance was provided to sensitize 4,072 persons in 27 departments, with actions carried out to strengthen 317 municipalities; (2) the launch of the campaign ¡No permito! (“I won’t allow it!”) is being prepared, which is aimed at strengthening reporting of this crime; and (3) the Inter-Institutional Committee for the Prevention and Elimination of the Commercial Sexual Exploitation of Children and Young Persons was reactivated in order to implement the Public Policy, in accordance with Act No. 1336 of 2009.

The Committee notes the Government’s indication that the type of assistance received by victims of commercial sexual exploitation is the same as that for victims of sexual violence. In such cases, the administrative authority may establish that the victims will receive care under the arrangements provided by the ICBF, such as initial placement in an emergency centre, followed by the provision of support and strengthening services for the families (outpatient psychosocial support), or in an alternative family environment (in a children’s home or foster home). The Committee also notes ANDI’s indication that the ICBF has developed care strategies and that, in conjunction with the Office of the Attorney-General, actions have been implemented to ensure the right to justice and comprehensive compensation of children and young persons who are victims of crimes related to commercial sexual exploitation. In this regard, the Government indicates that 432 child and young victims of sexual violence and commercial sexual exploitation began an administrative process for the restoration of rights in 2021, 261 in 2022, 298 in 2023 and 57 between January and March 2024. The Committee requests the Government to continue to take the necessary measures, including under the Public Policy Framework, to combat the commercial sexual exploitation of children and young persons, and to provide the necessary and appropriate direct assistance to remove them from this worst form of child labour. In this regard, the Committee requests the Government to continue to provide information on the measures taken and the results obtained in this respect. The Committee also once again 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 criminal penalties imposed on its perpetrators.

Articles 3(d) and 4(1). Hazardous work and penalties. Child domestic work. The Committee notes that, according to the Government, the rate of child labour expanded to include unpaid domestic work exceeding 15 hours per week was 11 per cent in 2022 and 10 per cent in 2023. It also notes that, in her report, the Special Rapporteur on trafficking in persons, indicated that the prevalence of child labour is a serious concern, in particular in the domestic work sector (A/HRC/56/60/Add.1, paragraph 38). While noting the decrease by one percentage point in the rate of child labour extended to include domestic work, the Committee notes with regret that the level of child domestic labour remains high. In this regard, it recalls that Decision No. 1796 of 2018 updating the list of hazardous work prohibited for persons under 18 years of age includes domestic work at home of more than 15 hours a week as hazardous, as well as domestic work in third party houses (section 3(36)).

The Committee also notes the Government’s indication that the Ministry of Labour, in cooperation with the ICBF, is currently in the process of updating Decision No. 1796 of 2018 which updates the list of hazardous activities, which by their nature or type of work are harmful to the health and physical or psychological integrity of persons under 18 years of age. In this respect, ANDI indicates that, in July 2024, a first meeting was held to update the list of hazardous activities and requests the Government to pursue the tripartite development of public policies on labour. The Committee requests the Government to take the necessary measures to combat child domestic labour, and to ensure the effective application of section 3(36) of Decision No. 1796 of 2018 which prohibits domestic labour for persons under 18 years of age and, the imposition of sufficiently dissuasive penalties against persons who subject persons under 18 years of age to domestic labour in hazardous conditions. The Committee requests the Government to provide information on the number and nature of the violations detected, the number of persons prosecuted and the penalties imposed, and on the process to update the list of work considered as hazardous for persons under 18 years of age.

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