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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Colombia (ratification: 2001) Published: 2011 Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee notes the CTC’s and CUT’s comment that the national policy to eliminate child labour is not effective, since it is based on helping families in situations of extreme poverty by providing them with conditional cash transfers. However, these subsidies are not sufficient to remove these families from poverty and further action is needed. The CTC and CUT further point out that the real percentage of working children in 2007 is 14.3 per cent (1,628,300 children), since in addition to the 6.9 per cent of children working (786,576), account should be taken of the 7.4 per cent (841,733) performing household chores for 15 hours or more daily. Children were prevalently found to be working in the agricultural sector (36.4 per cent). The Committee notes the Government’s information that, in the framework of the National Development Plan, the regional competent authorities committed themselves to give priority to projects targeting children and adolescents involved in child labour. As regards the implementation of the National strategy against the worst forms of child labour and the National plan for the eradication of child labour and the protection of young workers (National plan against child labour), the Government indicates that the percentage of working children between 5 and 17 years decreased from 8.9 per cent in 2005 to 6.9 per cent in 2007. The percentage of working boys is higher than that of working girls (9.4 per cent compared to 4.2 per cent). The Government further indicates that the next statistics on child labour will be included in the household-based survey of the fourth trimester of 2009 and results will be available in the second trimester of 2010. The Committee notes the Government’s information that 32 provinces were assisted in their strategies to eliminate child labour through the project “Strengthening direct intervention for the prevention, disincentive and progressive eradication of child labour and protection of young workers”. Article 2(1). Scope of application. The Government indicated that, as far as the Department of Cundinamarca was concerned, permission to work was also given to young persons working in a context other than an employment relationship. The Committee noted that this information concerned only one department and not the whole of the country. The Committee notes the CTC’s and CUT’s comment that the newly established labour inspection model only covers young persons with a work permit. No inspections are carried out with regard to children and young workers who work outside an employment relationship. Therefore, children and young persons who work in the informal sector or who are self-employed do not enjoy the protection afforded by the Convention. Currently, the number of labour inspectors has increased from 289 to 424. The Committee observes that the Government provides no information on whether inspections cover children and young persons working outside an employment relationship. The Committee further notes that, according to the National strategy against the worst forms of child labour, most working children are occupied in agriculture, mainly in harvesting coffee, sugar cane, fruit and vegetables, trade, services and industry. Article 2(3). Compulsory education. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 (CRC/C/COL/3, paragraph 76), expressed its concern that the Government still did not have a national education strategy focusing on the rights of the child, and that the ethnic education policy (bilingual education) for indigenous communities was limited in scope and often applied without the persons concerned being sufficiently consulted. It noted that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO, entitled Education for all by 2015: Will we make it?, while Colombia was on course to achieve the goal of universal primary education for all by 2015, the country might not achieve the goal of gender parity in secondary education, to the detriment of boys. It further noted the Government’s information on the various action programmes implemented in the country to improve the working of the education system in Colombia, particularly those relating to groups at risk of dropping out of school. Finally, it noted that, in the context of the implementation of the National strategy against the worst forms of child labour, educational measures would be adopted, particularly with regard to the most vulnerable groups in the population. The Committee notes that the CTC and CUT express their concern at the lack of measures to integrate children belonging to vulnerable groups, such as Afro-Colombian and indigenous people into education. They also recall that, in its concluding observations of 7 June 2010 (E/C.12/COL/CO/5, paragraph 29), the Committee on Economic, Social and Cultural Rights was concerned that access to free and compulsory education was not fully ensured. The CTC and CUT further stress that in 2007, 42.5 per cent of child labourers between 5 and 17 years did not attend school. Children from rural areas constituted the largest group not attending school. The Committee notes the Government’s information that regarding children between 5 and 14 years, the goal of universal primary education for all is being achieved since the net enrolment rate was 92.01 per cent in 2009. The Government indicates that the main objective of the education strategy is to integrate more vulnerable groups into education. As a result of the measures taken in this regard, as of 2009, 526,044 displaced children and 361,348 children from indigenous groups were integrated into primary and secondary schools. The Committee notes the Government’s information that statistical data on the number of children and adolescents who work are checked against data on school enrolment. In the case in which it is found that children who work do not attend school, the education departments are directed in the framework of the National strategy against the worst forms of child labour to integrate these children into school. Of the 14,152 children and adolescents who were found working, 3,798 did not attend school; 1,799 of them were integrated into school in 2009. The Government indicates that various initiatives are carried out to assist children who work and study in order to keep them in schools. These measures especially focus on child and adolescent workers and displaced children. They include: (a) the conditional cash transfer programme “Familias en acción”, which provides grants to poor households with children, on the condition, inter alia, that children aged between 7 and 18 attend no less than 80 per cent of school classes during the school year; (b) “jornadas escolares complementarias”, which address the causes of school drop-outs and offer students alternatives for taking advantage of complementary education. In the first trimester of 2009, 1,938,626 students participated in “jornadas escolares complementarias”. The Committee notes that, according to data for 2008 from the UNESCO Institute of Statistics, the primary-school enrolment rate is 90 per cent both for girls and boys and the secondary-school enrolment rate is 75 per cent for girls and 68 per cent for boys, thus reflecting a rate increase compared with 2007. Article 3(3). Hazardous work from the age of 16 years. The Committee previously noted that, under the terms of section 4 of Resolution No. 01677 of 20 May 2008, young persons between 15 and 17 years of age who completed technical training with the National Apprenticeship Service (SENA) or institutes accredited for this purpose may be authorized to work in an activity for which they have been trained and may be able to freely exercise this occupation, art or trade, on condition that the contractor respects the terms of Decree No. 1295 of 1994 and Decree No. 933 of 2003, Resolution No. 1016 of 1989 and Resolution No. 2346 of 2007, and also Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations. While observing that both conditions laid down by Article 3(3) of the Convention were respected by section 4 of Resolution No. 01677, the Committee understood that under this provision young persons between 15 and 17 years of age who have completed their apprenticeship or technical training with the SENA or institutes accredited for this purpose may perform the types of hazardous work prohibited by section 2 of the resolution. The Committee notes the Government’s information that children between 15 and 17 years of age need the written authorization of the labour inspectorate to work. The ministry will analyse in each case whether there is any moral or physical hazard for the minor before issuing the permit. The Government further recalls that Resolution No. 01677 prohibits hazardous work for all children under 18 years. The Committee observes that it is still unclear whether pursuant to section 4 of Resolution No. 01677, young persons between 15 and 17 years of age may perform the types of hazardous work listed in section 2 of the resolution. Article 9(1). Penalties. The Committee previously noted that Resolution No. 01677 of 20 May 2008 does not contain any provision providing for penalties for violations of section 2 concerning the prohibition on employing young persons under 18 years of age in hazardous work. The Committee notes the Government’s information that non-compliance with legislation regarding minors is punishable by fines of between one and 100 minimum wages. ========================================================================================= CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Colombia (ratification: 2005) Published: 2011 Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee observed that, despite the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation and the measures taken by the Government to address the issue of forced recruitment of children for use in armed conflict, children were still being forced to join illegal armed groups or the armed forces. The Committee notes the CTC’s and CUT’s comment that one of the reasons why the forced recruitment of children for use in armed conflict continues is that no dissuasive penalties have been inflicted on offenders. Moreover, enforcement agencies lack the necessary training as regards both the human rights of child victims of forced recruitment in armed forces and the protection that should be afforded by the State to children separated from illegal armed groups. The CTC and CUT also underline that dialogue with illegal armed groups to stop recruiting children under 18 years in armed conflict and to demobilize those currently recruited, is lacking. The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 28 August 2009 (S/2009/434) (report of the Secretary-General), the Government of Colombia has adopted extensive measures to prevent the recruitment of children (such as developing an “early warning system” for monitoring imminent risks of violations of human rights and creating an inter-sectoral commission for the prevention of recruitment and use of children by illegal armed groups) and reintegrate former child victims of forced recruitment in illegal armed groups into their communities (paragraphs 52–72). Despite these measures, in the reporting period (January–December 2008) illegal armed groups continued to recruit children for use in armed conflict. For example, in January 2008 a 16-year old child was recruited by the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC–EP) in Tame, department of Arauca; in May 2008, 40 members of the FACR–EP, half of them between 13 and 17 years of age, were seen in the department of Cauca; between February and March 2008, three 15-year-old indigenous girls were recruited by FARC–EP, two in Toribió, department of Cauca and one in the rural area of Pasto, department of Nariño. In August 2008, seven children who had been members of the Ejercito de Liberación Nacional (ELN) surrendered to the army in Cumbal, Nariño. Moreover, the illegal armed groups that emerged after the demobilization of the Autodefensas Unidas de Colombia (AUC) (such as Autodefensas Campesinas Nueva Generación, Aguilas Negras and Ejército Revolucionario Popular Antiterrorista de Colombia) reportedly continued to recruit children. Furthermore, both FARC–EP and ELN continued child recruitment campaigns in schools (paragraphs 15–22). In addition, some members of the armed forces continued to use children for intelligence activities. In February 2008, it was reported that the national police used a 12-year-old boy as an informant; the boy received death treats from FARC–EP and was eventually killed by an unidentified assailant (paragraph 23). It was also reported that, as a result of their forced recruitment for use in armed conflict, children suffered from serious violations by illegal armed groups and some individual members of the state forces, such as murder, injuries, abductions, rapes and other forms of sexual violence (paragraphs 27–51). Cases of children killed by FARC–EP and ELN were reported in the departments of Antioquia, Arauca, Guaviere, Huila, Meta, Nariño, Putumayo and Valle del Cauca. Cases were also reported of children being killed for refusing to join the illegal armed groups (paragraphs 27–29). Moreover, according to the Attorney-General’s Office, as of November 2008, among the 50 cases of extrajudicial executions under investigation, there are 51 child victims. In October 2008, a transitional commission was established to carry out an administrative investigation and to analyse the problem of extrajudicial executions: as a result, the President decided to dismiss 27 national army officers from service (paragraphs 34–35). The Committee notes that, according to the report of the Secretary-General, estimates of the number of children participating in illegal armed groups range from 8,000 according to the Ministry of Defence, to 11,000 according to non‑governmental sources. As of December 2008, the Special Investigative Unit for Women, Adolescents and Children within the Attorney-General’s Office conducted investigations in 141 cases involving 634 child victims – 485 boys and 149 girls. Three guilty verdicts were handed down as of December 2008. Moreover, within the framework of the Justice and Peace Act No. 975 of 2005 (the law under which the members of demobilized self-defence groups are brought to trial), 2,133 child victims were identified. Out of the 3,284 former members of AUC who currently participate voluntarily in the depositions provided for by the Justice and Peace Act, 23 so far have confessed to the recruitment and use of a total of 654 children within their ranks, and the Attorney‑General’s Office is verifying 366 additional cases. However, less than 400 children were handed over in the collective demobilizations of AUC. According to the report of the Secretary-General, despite those positive advances, impunity for grave violations against children, as well as obtaining consolidated information and following up on convictions and proceedings, remain major challenges in Colombia (paragraphs 59–61). Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Child soldiers. The Committee notes the CTC’s and CUT’s observation that, notwithstanding the significant efforts of the ICBF to protect children separated from illegal armed groups, the programme should extend its geographical coverage. Moreover, the collaboration of the health, education, justice and labour sectors with the ICBF should be strengthened. Measures and strategies at the national level to adequately reintegrate child victims are lacking, especially as regards programmes aimed at promoting access to education for former child victims thus ensuring that their needs are taken into account and that they stay in schools or have access to vocational training programmes. Psychological assistance to child victims is also lacking. The Committee notes that, according to the report of the Secretary-General, as of December 2008, the programme launched by ICBF assisted 3,876 children separated from illegal armed groups, of whom 2,146 were separated from FARC–EP, 1,042 from AUC, 538 from ELN and 150 from other groups. Of that number, 73 per cent were boys and 27 per cent were girls. During the reporting period (January–December 2008) the ICBF data indicates that a total of 314 children were separated from FARC–EP, 65 from ELN and 13 from the Ejército Revolucionario Guevarista. In addition, 23 children were separated from other groups, including the Autodefensas Campesinas Nueva Generación, Aguilas Negras and Rastrojos. In August 2008, the Ejército Revolucionario Guevarista handed over seven children to the ICBF. The number of children separated from illegal armed groups was greater in 2008 than in 2006 and 2007 (paragraphs 67–70). The Committee notes that, according to the report of Colombia of 21 October 2009 submitted under article 8 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/COL/1), the model implemented by ICBF for the protection of children and young persons demobilized from illegal armed groups was strengthened between 1 June 2006 and 31 May 2007 and now involves four distinct phases: identification and diagnosis, treatment, consolidation, and monitoring and follow-up. Each of the four phases entails specific action to restore rights through assistance provided through transition homes, specialized care centres, juvenile centres, foster families or family-based support systems. As of 30 June 2008, 516 children were in this programme (paragraphs 258–264). ========================================================================================= CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Colombia (ratification: 2005) Published: 2011 Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that the Government’s report contains no information on this point. However, it notes that, according to the 2009 Report on Trafficking in Persons in Colombia, available at the Office of the High Commissioner for Refugees website (www.unhcr.org), the Government of Colombia increased law enforcement efforts against trafficking offenders during the reporting period. In 2008, Colombian authorities initiated 159 anti-trafficking investigations, 20 prosecutions, and achieved 16 convictions, sentencing trafficking offenders to periods of imprisonment ranging from four-and-a-half years to 14 years. Such results compare to 182 investigations, 44 prosecutions, and six convictions reported for 2007. Clause (b). Use, procuring or offering of a child for prostitution. The Committee also noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), the CRC expressed concern at the high and rising number of children who are the victims of sexual exploitation and at the statement that these children risk being regarded as criminals. It requested the Government to adopt immediate and effective measures to ensure that sections 213, 214 and 217 of the Penal Code, which prohibit the use, procuring or offering of a child for prostitution, are applied in an effective manner in practice. The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), section 213A of the Penal Code, as amended by Act No. 1329 of 2009, prohibits procuring children under 18 years for commercial sexual exploitation. Moreover, the Committee notes with interest that section 217A of the Penal Code, as amended by Act No. 1329 of 2009, punishes the client who requests the sexual services of a child under 18 years in exchange for money. The Committee further notes that, according to the same source, four cases were reported in 2009 on procuring children under 18 years for commercial sexual exploitation; one case regarding requesting the paid sexual services of children under 18 years; and 23 cases concerning the incitement of children under 18 years to prostitution. Twelve convictions were reported in 2009 for procuring children under 18 years for commercial sexual exploitation; one for requesting the paid sexual services of children under 18 years; and 19 for inciting the prostitution of children under 18 years. Some 587 denunciations regarding the commercial sexual exploitation of children (including prostitution, pornography and sexual tourism) were received in 2009 by the Colombian Family Welfare Institute (ICBF) and transmitted to the Attorney-General’s Office. Finally, the police carried out investigations in gaming and Internet rooms, movie theatres, public establishments and airports and arrested 34 people in 2008 and 49 people in 2009 who committed crimes regarding the commercial sexual exploitation of children. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 382 of the Penal Code prohibits the production and trafficking of drugs and section 384 of the Penal Code provides that using a child to commit a crime covered by section 382 constitutes an aggravating circumstance. The Committee observed that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 88), noted with deep concern that drugs manufactured in Colombia and exported from the country have a harmful impact on children engaged in the picking of cocoa [sic!] leaves (raspachines) and also those forced or lured into trafficking drugs, including within their bodies (“mules”). Articles 3(d) and 4(1). Hazardous work. Child domestic labour. The Committee previously noted with interest the adoption of resolution No. 1677 of 20 May 2008, which identifies the worst forms of child labour, including the types of hazardous work that are prohibited for all children under 18 years. The Committee noted in particular that section 2(10)(2) of the resolution prohibits the employment of children at the homes of third parties, in domestic service or in cleaning, washing or ironing. The Committee further noted that, according to the statistics for 2004 contained in the reports on the ILO–IPEC project on child domestic labour and the commercial sexual exploitation of children, more than 60,000 children were engaged in domestic labour in the country, most of them girls. Article 6. Programmes of action. The Committee previously noted the drawing up of the “National strategy for preventing and eliminating the worst forms of child labour and protecting young workers 2008–15” (national strategy against the worst forms of child labour), which is aimed at drastically reducing child labour between 2008 and 2015. It noted that the national strategy against the worst forms of child labour envisages the adoption of programmes and projects for the prevention and elimination of the worst forms of child labour, which are aimed at child victims of sexual exploitation or children engaged in prohibited work in small-scale mining, commercial agriculture or street trading. The Committee notes the Government’s information that as a result of the national strategy against the worst forms of child labour, 22,572 children and adolescents were prevented from being engaged in the worst forms of child labour and provided assistance. It also notes the Government’s information that the tripartite Committee for Eradicating Child Labour was established for implementing the national strategy against the worst forms of child labour. Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 76 and 77), noted that free education for nine years in school is a constitutional right. However, school fees are imposed on parents who can afford to pay and this has lead to a discriminatory educational system, characterized by arbitrary fees and social exclusion. It further noted that, according to data for 2005 from the UNESCO Institute of Statistics, the primary school enrolment rate is 90 per cent for both girls and boys and, at the secondary level, is 64 per cent for girls and 58 per cent for boys. The Committee noted the Government’s information on the measures taken in the field of education. It finally noted that educational measures would be adopted in the context of the implementation of the national strategy against the worst forms of child labour. The Committee notes the CTC’s and CUT’s comment that the objectives of educational measures adopted in the context of the national strategy against the worst forms of child labour were not achieved due to schools drop-outs, lack of financial resources and lack of adequate teaching staff. The Committee notes that, according to data for 2007 from the UNESCO Institute of Statistics, the secondary school enrolment rate is 74 per cent for girls and 67 per cent for boys, thus reflecting a rate increase compared with 2005. However, it also notes the Government’s information that out of 30,276 boys who work, 19,585 do not attend school. Out of 20,910 girls who work, 13,131 do not attend school. The Committee expresses its concern at the fact that almost two‑thirds of the boys who work and more than half of the girls who work, do not attend school. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while noting with satisfaction the measures adopted by the country to combat commercial sexual exploitation, expressed concern at the high and rising number of children who are the victims of commercial sexual exploitation. The Committee further noted the adoption of the national action plan for the prevention of the commercial sexual exploitation of boys, girls and young persons under 18 years of age (2006–11) (ESCNNA). The Committee notes the CTC’s and CUT’s comment that along with a tourism boost, the commercial sexual exploitation of children has increased alarmingly, especially in touristic areas such as the Caribbean. The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), 2,294 child victims of commercial sexual exploitation were assisted and rehabilitated in 2009 as a result of the implementation of the ESCNNA. 2. Child labour in small-scale mining. The Committee previously noted the Government’s information on the programmes for the support of families living in remote rural areas. In this regard, it noted in particular that these programmes enabled the ICBF to remove a number of children from small-scale mines. The Committee also noted that in 2008 projects would be implemented in 27 municipalities where child labour exists in small-scale mines. The Committee notes the Government’s information that, according to data for 2009, 2,137 children and adolescents were removed from work in mines in the departments of Bolívar, César and Boyacá and are being assisted by the ICBF. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 84 and 85), the CRC noted with concern that the country had a very high number of street children, including more than 10,000 in Bogotá according to official estimates, owing in particular to socio-economic factors and the internal armed conflict. 2. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), the ICFB works in assisting and rehabilitating vulnerable groups such as Afro-Colombian and indigenous people and displaced people, through projects adapted to these groups. It notes that assistance to children of these groups also includes an educational component. 3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4(1) of the Convention, the Committee noted in its previous comments that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. Article 8. Enhanced international cooperation. The Committee previously noted the drawing up of the National Development Plan (2006–10), which aims in particular to reduce poverty and reduce child labour from 7.2 per cent to 5.3 per cent. Parts IV and V of the report from. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, according to the results of the household-based survey for 2007, 6.9 per cent of children between 5 and 17 years of age work in the country. Data of the household-based survey, read in conjunction with data of the project “Red Juntos para la superación de la pobreza extrema”, show that a total of 51,186 children work.