Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Colombie

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 1963)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 1969)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee 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 31 August 2025. The Committee also notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE) received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Article 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. Sexual harassment. The Committee notes the Government’s indication in its report that, while Act No. 1010 of 2006 does not contain an explicit and differentiated definition of the types of work-related sexual harassment (quid pro quo – blackmail and hostile work environment harassment), regulatory measures have been adopted to strengthen protection against such conduct. In this respect, the Committee notes with interest: (1) the adoption of Act No. 2365 of 2024, which establishes a framework for prevention, assistance and penalties for sexual harassment in educational and work-related environments; (2) the issuance of Decree No. 405 of 2025, which regulates Act No. 2365 and provides for penalties against employers who dismiss victims who report sexual harassment (section 14); (3) Act No. 2466 of 2025 (labour reform), which sets out the requirement to implement prevention and assistance measures through specific protocols, committees, tools and mechanisms to address sexual harassment (section 18); and (4) the establishment of a system of information and registration of complaints and penalties for work-related and institutional sexual harassment. The Committee also notes the observations of ANDI and the IOE relating to the “Reconocimiento PROACTÚA” programme – a comparative evaluation tool to analyse, prevent and address work-related sexual harassment. The Committee requests the Government to ensure that the legislation explicitly defines and prohibits all forms of work-related sexual harassment, including quid pro quo – black mail and hostile work environment. The Committee trusts that the “Reconocimiento PROACTÚA” programme will allow for specific measures to continue to be taken to prevent and address work-related sexual harassment, and requests the Government to provide the available information of the Labour Inspectorate concerning the cases processed, sanctions imposed and remedies granted.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. The gender pay gap and occupational segregation. The Committee notes from the information provided by the Government that: (1) women continue to be concentrated in sectors with the lowest productivity and highest levels of informality, facing horizontal and vertical segregation; (2) despite the increase in earnings for both men and women, the pay gap widened in 2021–24; and (3) while the gender gap in occupation remain high for low levels of education, there is a positive trend towards equity for the highest levels. With regard to statistical information, the Committee notes that, according to the Government, women represent 46.6 per cent of top decision-making positions in the public sector and 49.9 per cent at the next level, and that between 2022 and 2025, more than 36,000 women were placed by the Public Employment Agency in traditionally male-dominated sectors, such as private security and information technologies. In turn, the economic activity rate of women was 53.2 per cent compared to 76.8 per cent of men; the employment rate was 45.8 compared to 70.7 per cent; and the unemployment rate was 13.5 compared to 5.1 per cent respectively. The Committee also notes that the activity sectors with a higher participation of women were vehicle trade and repair (19.9 per cent), public administration, defence, education and health (17 per cent), artistic, recreational and service activities (13.9 per cent), accommodation and catering services (12.2 per cent) and the manufacturing industries (11.2 per cent), noting, on the contrary, a decrease in vocational, scientific and technical activities, administrative services, and insurance and financial activities.

The Committee notes the observations of ANDI and the IOE, indicating that: (1) in order to ascertain the structural causes of the pay gap, it should be analysed closely against the gap in working hours. In this regard, they indicate that in examining the earnings in relation with the number of hours worked, the gap would be slightly favourable towards women, and that, due to greater load of unpaid work, their paid working hours are limited; and (2) the National Equity, Diversity and Inclusion Survey of ANDI (2025) showed that women’s participation on executive boards rose from 25 per cent in 2019 to 33 per cent in 2025, while in first ranking posts (chairs and general management) it rose from 34 per cent to 40 per cent in the same period. The Committee requests the Government to continue to take measures to narrow the gender pay gap and occupational segregation between men and women, particularly for the lowest educational levels, and to provide information on the impact of these measures, as well as updated statistics on men’s and women’s participation in the different sectors and occupations.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value.Legislation. With regard to the amendment to Act No. 1496 of 2011, with a view to giving full legislative effect to the principle of the Convention, the Committee notes the Government’s indication that this Act specifically provides for wage assessment factors aimed at ensuring equal pay and other forms of pay between men and women. The Government also reports on the formation of a state negotiating table with trade union organizations with the purpose of jointly developing input for the regulations to the above Act – a process which is still under way. In this regard, the Committee notes the observations of the CUT, CTC and CGT, which report that the Colombian legal framework is fragmented, which complicates the consistent application of the principle of equal pay, and that Act No. 1496 lacks mechanisms for enforceability and proportional penalties for non-compliance with the principle of the Convention. The Committee requests the Government to take the necessary measures to ensure that the legislation provides for equal pay between men and women workers for work of equal value and to provide information in this regard.

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