Minimum Age Convention, 1973 (No. 138) - Colombia (RATIFICATION: 2001)

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The Committee notes the observations of the National Employers Association of Colombia (ANDI) received on 31 August 2021. 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 1 September 2021.

Article 1 of the Convention. National policy for the abolition of forced labour and application in practice. The Committee welcomes the response to its previous request, with the information in the Government’s report on the adoption of the Public Policy Framework for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017-2027, structured around six strategic pillars: (1) the strengthening of institutional architecture; (2) the promotion of rights and prevention of violations; (3) the quality and coverage of care; (4) the participation of children and their families; (5) knowledge management; and (6) monitoring and evaluation. The Committee notes that the Policy Framework has been discussed by national, regional and local authorities responsible for providing care for children engaged in child labour; and that the Colombian Family Welfare Institute (ICBF), in coordination with the Ministry of Labour, provided guidance in the formulation of action plans in 32 Interinstitutional Committees for the Eradication and Prevention of Child Labour and its Worst Forms (CIETIs) in the departments and the capital city. It notes the provision, under the Progressive Plan for Social Protection and Guaranteeing Rural Sector Workers’ Rights (under the Peace Agreement), of technical assistance in the area of child labour targeting family commissioners, territorial officials, social leaders, employers and workers.

The Committee welcomes the statistical information provided by the Government according to which the rate of child labour for boys and girls aged between 7 and 14 years fell by 2.1 per cent between 2015 and 2020. However, approximately 522,593 child and young workers were identified who were engaged in hazardous types of work affecting their mental and physical health, while 573,477 performed more than 15 hours work a week in their homes. The Committee notes that, in the framework of the ILO project Responsible Business Conduct in Latin America and the Caribbean (RBCLAC), the communication campaign “Coffee Producers for Child Protection” was launched by the Salgar Coffee Growers’ Cooperative in Antioquía to provide information and raise the awareness of families in coffee-growing areas to encourage them to take action to prevent child labour.

The Committee notes that the ANDI highlights the Government’s achievements in reducing child labour and emphasizes that the private sector is contributing actively to achieving this objective by raising enterprise leaders’ awareness of the importance of eradicating child labour in supply chains, as well as by supporting and participating in the elaboration of public policies. Public-private partnerships have been set up through the Network of Employers against Child Labour, which currently includes 44 enterprises and 19 strategic partnerships. Finally, the Committee notes that the Government emphasizes that it has an Integrated Information System for Identification, Registration and Classification of Child Labour and its Worst Forms (SIRITI), which provides a basis on which to build an institutional response to child labour. However, the CTC, CUT and CGT indicate that there are inconsistencies in the SIRITI, and that it does not provide information on the number of child workers assisted and how many have had their rights restored.

The Committee requests the Government to continue adopting measures, in collaboration with the social partners, to eliminate child labour, including child labour in dangerous conditions. To this end, the Committee requests the Government to provide information on the measures adopted in the context of the Public Framework Policy for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017–2027, and their results. The Committee also requests the Government to continue providing updated statistical data on the nature, extent and trends of child labour, particularly for child workers under the minimum age of 15 years, as well as information on the number of child workers covered by the measures adopted under the new policy.

Article 2(3) of the Convention. Compulsory education. The Committee has previously encouraged the Government to continue its efforts to ensure that all children attend school at least up to the age of 15 years (as provided in article 67 of the Political Constitution). The Committee notes with interest the detailed information provided by the Government and in particular that: (1) progress has been made in structuring a National Observatory of Educational Trajectories as an information system on the situation of students (access, repetition, those who have fallen behind or dropped out, and graduation) from pre-school to middle school, to facilitate analysis and the formulation of evidence-based public policies; (2) the Ministry of Education, in collaboration and coordination with the Certified Territorial Bodies (ETCs), is implementing a school retention strategy designed to take account of the health emergency, which includes reinforcing school retention strategies (including school meals programmes, coaching to prevent students falling behind, additional education days and flexible education, school residences and school transport); and (3) to promote retention within the education system, the Government has taken numerous measures, including providing training to 5,558 teachers and school heads in 83 ETCs in flexible education models during the second half of 2020, strengthening education services in rural areas by providing 234 educational establishments in 14 ETCs with sets of supplementary educational materials, such as libraries, laboratories and maps for use in the flexible education models.

The Committee, however, notes the Government’s indication that approximately 164,407 child workers (aged between 5 and 17 years) were without schooling in the fourth quarter of 2020. The Committee also notes, according to UNESCO statistics, that in 2019 there were 35,080 children and 106,186 young persons who were not at school; while in the same year the net primary (6 to 10 years of age) school attendance rate was at 93.9 per cent, and the secondary (11 to 16 years of age) school attendance rate was at 79.8 per cent. The Committee notes the Government’s indication that it is necessary for the Ministry of Labour, together with the various social actors and strategic partners, to continue developing innovative strategies for activities to prevent and eradicate child labour in order to make further progress in achieving this goal. The Committee trusts that the measures adopted will make it possible to continue promoting and ensuring compulsory schooling for children at the national level, at least up to the age of 15 years, and requests the Government to continue providing information on any measures adopted and their results. The Committee also requests the Government to continue providing updated statistics on the school attendance and completion rates of children under the age of 15.

Article 9(1). Penalties and labour inspection. The Committee notes the information provided by the Government on: (1) the legal instruments available to the labour inspectorate in carrying out its investigations; (2) the penalties that can be imposed (ranging from fines to the immediate stoppage of work); (3) section 113 of the Children and Young Persons Code, under which labour and social security inspectors responsible for authorizing work by young persons over the age of 15 years are required to undertake inspections to ascertain safety and working conditions for the health of the worker. For that purpose, in 2016 the Ministry of Labour issued a memorandum setting out inspection strategies and guidelines for the protection of the labour rights of children. While taking note of the functions of the labour inspectorate, the possibility of carrying out investigations and imposing penalties, the Committee observes that, according to the Government’s report, the rate of child labour, as well as that of children engaged in hazardous types of work, has further increased. Under these circumstances, the Committee trusts that the Government will continue taking all the necessary measures to give full effect to the Convention and once again requests it to provide information on the number of investigations carried out by the labour inspectorate in which penalties have been imposed for violations of the law in respect of work by persons under the minimum age of 15 years, with an indication of the type of penalty imposed and the nature of the violation.

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The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 30 August 2017, those of the General Confederation of Labour (CGT), received on 31 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.

Article 1 of the Convention. National policy and application of the Convention in practice. In view of the expiry of the National Strategy to Prevent and Eradicate the Worst Forms of Child Labour and Protect Young Workers (ENETI) 2008–15, the Government indicated previously that the National Planning Department (DNP) had undertaken an evaluation of the implementation of the Strategy, which would need to be taken into account in the redesign of the public policy paper for the prevention and eradication of child labour and the protection of young workers (2016–26).

The Committee notes the observations made by the CUT and the CTC in which they indicate that 869,000 children between the ages of 5 and 17 years work, and that rural areas are those most affected by child labour. They add that 4.2 per cent of children between the ages of 5 and 14 years are engaged in work, compared with 19.8 per cent of those between 15 and 17 years of age. The Committee notes the observations of the IOE and the ANDI, indicating that child labour has decreased, falling from 9.1 per cent in 2015 to 7.8 per cent in 2016. The CGT explains that most children participate in family economic activities and that the Government should therefore provide assistance to families, for example through subsidies, to prevent children being faced with the need to work.

The Committee notes the Government’s indication in its report that 20 working days have been organized with the participation of the Colombian Family Welfare Institute (ICBF), the DNP and the ILO with a view to preparing the new public policy paper for the prevention and eradication of child labour and the protection of young workers (2016–26). During the preparation of this public policy, 13 seminars were also held to gather the views of children and young persons.

The Committee notes the Government’s indication that child labour fell by 2.4 per cent between 2015 and 2016. The Government adds that, in 2016, 2,746 authorizations to work were granted to young persons under 18 years of age and that 202 applications for authorizations were refused, 129 authorizations were revoked and 1,870 inspections were carried out. The Committee takes due note of the reduction of child labour in the country and requests the Government to continue its efforts for the progressive elimination of child labour, especially in rural areas. It also requests the Government to indicate whether the public policy for the prevention and eradication of child labour and the protection of young workers (2016–26) has been finalized and adopted, and to provide detailed information on its content and implementation. The Committee further requests the Government to continue providing updated statistical data on the employment of children and young persons, and to provide copies of any labour inspection reports.

Article 2(3). Compulsory education. The Government indicated previously that, in cooperation with the National Agency to Combat Extreme Poverty, measures had been taken to carry out a census of the whole population and to ensure the integration of all children in the education system, including through collaboration with families to identify children marginalized by the education system.

The Committee noted the measures taken by the Government to increase the school attendance rate in the context of the ENETI 2008–15. However, it noted that the primary school enrolment rate was 90 per cent for girls and boys, and that at the secondary level it was 78.7 per cent for girls and 73.3 per cent for boys.

The Committee notes the observations of the CTC and the CUT, according to which 29.8 per cent of children between the ages of 5 and 17 years do not go to school because they are working. The Committee also notes the CGT’s indication that the measures adopted by the Government to promote education have not been effective, as primary school attendance by children in 2016 fell by 85,005 pupils in relation to 2015.

The Committee notes the Government’s indication that the Ministry of National Education has collaborated with strategic partners, including the Administrative Department for Social Prosperity, to ensure that the provision of education reaches the poorest and most vulnerable children and young persons. In this context, the Ministry of Education prepared a protocol at the beginning of 2016 for the organization of active outreach days in the cities of Medellín, Calí and Cartagena, where action has been carried out to reach out to children and young persons not attending school and to help them to enrol. The Government has also established various strategies to reduce school drop-outs through: (1) the implementation of flexible education models (MEF); (2) the school meals programme (PAE); (3) assistance for school transport; (4) the investment of public funds in educational assistance; and (5) a monitoring system to prevent and analyse the causes of school drop-outs. The Committee also takes due note of the adoption of Act No. 1753 of 2015 issuing the National Development Plan 2014–18 (PND 2014–18), of which one of the three pillars is education. It notes that, within the context of the PND 2014–18, the National Educational Infrastructure Plan (PNIE) has resulted in the creation of 3,243 new classrooms, which has benefitted 129,720 children and young persons, and that 2,533 additional classrooms intended to benefit 101,320 children and young persons are under construction. The Committee encourages the Government to continue its efforts to ensure that all children attend compulsory school at least up to the age of 15 years, and particularly the poorest children and young persons. It requests it to provide statistical data on school attendance rates in the country. To the extent possible, this information should be disaggregated by age and gender.

Article 9(1). Penalties. The Committee noted previously that, although the Government indicates that any non-compliance with the legislation respecting minors is punishable with a fine of between one and 100 times the minimum wage, it did not provide details on the legislation.

The Government refers to Act No. 1610 of 2013 regulating certain aspects of labour inspection and indicates that sections 1 and 2 of the Act empower labour inspectors to monitor individual and collective issues in the private and public sectors relating to labour law and the ILO standards ratified by Colombia. The Committee notes that section 7 of the Act provides that labour inspectors shall have the authority to penalize offences with penalties from one to 5,000 times the monthly minimum wage depending on the gravity of the offence. Sections 8 to 11 provide for the possibility for inspectors to issue other penalties, such as the closure of workplaces, evidence gathering, the imposition of a trial period or the suspension of work. The Government adds that in 2015 violations of the legislation concerning minors resulted in 11 penalties (of a total value of 50,891,350 Colombian pesos (COP)) and that nine penalties were imposed by labour inspectors in 2016 (to a value of COP40,677,836). The Committee requests the Government to continue providing information on the practical implementation of Act No. 1610 of 2013, in particular the number and nature of the violations and the penalties imposed.

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Article 2(3) of the Convention. Compulsory education. In its previous comment, the Committee noted the measures taken by the Government towards attaining its goal of universal primary education for all by 2015, but nevertheless noted the gender disparity in secondary education, to the detriment of boys.

The Committee notes the Government’s reference to the National Development Plan 2010–14, which includes among its objectives a cross-cutting educational policy. The Government indicates that it has assigned 94 Secretaries of Education for the implementation of this policy. The Government further refers to the Ministry of Education, as an integral part of the Committee on the Eradication of Child, which has promulgated various measures to reduce child labour through the education sector, including a 2012–13 pilot programme in the mining sector which links children to educational programmes and identifies those children who are otherwise outside of the education system. The Government further indicates that, along with the National Agency for Overcoming Extreme Poverty, it has taken action to identify and educate the entire population, including working with families to identify children otherwise left outside of the education system. The Committee further notes the Government’s reference to Decree 4807 of 2012 which regulates a system of free education for all students through the eleventh grade.

The Committee takes due note of the Government’s measures to increase school attendance under the “National strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)” (ENETI 2008 15). It also notes, however, that according to the 2012 data from the UNESCO Institute of Statistics, the primary-school enrolment rate is over 90 per cent both for girls and boys and the secondary-school enrolment rate is 78.7 per cent for girls and 73.3 per cent for boys. Noting that the attendance rate for both boys and girls remains higher in primary education than in secondary education, the Committee requests the Government to continue to strengthen its efforts to ensure that children attend compulsory education, particularly in secondary education, at least until the age of 14 years.

Article 8. Artistic performances. The Committee notes that under section 6 of Resolution 3597 of October 2013, young persons under the age of 15 years may participate in activities such as artistic performances with the authorization of the Labour Inspectorate, which will establish the maximum number of hours of work and the conditions in which the activities may be carried out, so long as the activities do not exceed 14 hours per week. The Committee also notes the Government’s indication that 114 requests for authorization to work in artistic performances were registered in 2012.

Article 9(1). Penalties. The Committee previously noted that, although the Government indicated that non-compliance with legislation regarding minors is punishable by fines of between one and 100 minimum wages, it had not identified such legislation. In this respect, the Committee notes that the Government has still not identified this legislation, although it has provided information concerning labour inspection visits and actions taken towards permits assigned to young workers. The Committee accordingly requests, once again, the Government to indicate the provisions of national legislation which lay down penalties for non-compliance with legislation regarding minors and to provide information on their application in practice.

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The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August 2014, as well as the observations of the International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI), received on 29 August 2014, the observations of the Single Confederation of Workers of Colombia (CUT), received on 31 August 2014 and the observations of the General Confederation of Labour (CGT), received on 1 September 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comment, the Committee noted the adoption of the “National strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)” (ENETI 2008–15), drawn up in cooperation with ILO–IPEC and UNICEF. It also noted the CTC’s and CUT’s observations that the national policy to eliminate child labour is not effective, because the subsidies offered in the policy are not sufficient to remove these families from poverty. The Committee noted the Government’s information that, under the National Development Plan 2010–14, regional competent authorities committed themselves to giving priority to projects targeting children and adolescents involved in child labour. Finally, it noted the Government’s indication that the next statistics on child labour would be included in the household-based survey of the fourth trimester of 2009 and results would be available in the second trimester of 2010.

The Committee notes the recent observations submitted by the CUT and the CGT, which allege that child labour remains a serious problem in practice in the country, in particular in areas of poverty and in the informal economy. In addition, the Committee notes the CUT’s reference to the results of the national child labour statistics (ENTI) of 2013 which, the CUT indicates, do not capture the real measure of child labour in the country because certain sectors of the economy in which child labour is the most prevalent, such as agriculture, mining and commerce, were not properly measured. Finally, the Committee notes the observations of the IOE and ANDI, which reference the statistics provided in the ENTI and indicate: (i) that child labour has diminished from 13 per cent in 2011 to 9.7 per cent in 2013, (ii) that the Government has identified and removed 445,994 children from child labour, ahead of its goal of 304,500 children, and (iii) that it had increased the capacity of its officials and committees on the eradication of child labour.

The Committee notes the information in the Government’s report concerning measures it has taken to ensure the effective application and implementation of the ENETI 2008–15, including the training of 2,700 officials in 2013 and, thus far, 590 officials in 2014, as well as the establishment of 514 committees on the eradication of child labour (CETI), covering over 50 per cent of the national territory. Further, in view of the impending termination of the ENETI 2008–15, the Government indicates that the National Planning Department (DNP) had conducted an evaluation of the strategy’s implementation to be considered in redesigning a national policy for the next ten years. The Committee further notes the Government’s reference to the Network for a Child Labour Free Colombia, which involves ILO assistance and works with the Ministry of Labour to contribute to the prevention and eradication of child labour in enterprises.

The Committee also notes the Government’s statistical information concerning child labour, as well as its information concerning the new methods of measuring child labour, which were developed in 2011 and which have been incorporated into the integrated household surveys carried out by the National Administrative Department of Statistics (DANE). The Government indicates that, owing to this new methodology, it is not accurate to compare the child labour statistics contained in the 2009 household survey (1,050,147 children, or 9.2 per cent) to the results contained in the 2011 household surveys (1,465,031 children, or 13 per cent). Rather, the Government indicates that the results of the 2011 through 2013 household surveys, utilizing the same methodology, demonstrate that child labour has decreased from 1,465,031 children (13 per cent) in 2011 to 1,160,000 (10.2 per cent) in 2012 and to 1,091,000 (9.7 per cent) in 2013. The Committee also notes the Government’s indication that it intends to further reduce child labour to 6.2 per cent by 2014. The Committee takes due note of the Government’s efforts to reduce child labour progressively. Noting the Government’s indication that the ENETI 2008–15 will be redesigned to formulate a new ten-year national policy, the Committee requests the Government to take the necessary measures to ensure that the new policy is adopted. The Committee also requests the Government to continue to provide updated statistical information on the employment of children and young persons, as well as any labour inspection reports.

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

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The Committee notes the Government’s report. It also notes the comments of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 30 August 2010 and the General Confederation of Labour (CGT) of 10 September 2010.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the “National strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)” (National strategy against the worst forms of child labour), drawn up in cooperation with ILO–IPEC and UNICEF. It noted that programmes of action would be developed to implement the national strategy. It further noted the adoption of the “National Development Plan (2006–10)”, which aims in particular to reduce poverty and reduce child labour. The Committee noted that the measures taken by the Government enabled the percentage of working children to be reduced between 2001 and 2005.

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”. While taking due note of the efforts made by the Government, the Committee must express its concern at the large number of children found to be working, especially in the agricultural sector and in household chores. The Committee strongly encourages the Government to continue its efforts to combat child labour and requests it to provide information on any measures taken in the context of the National strategy against the worst forms of child labour, the National plan against child labour and the National Development Plan, indicating in particular the programmes of action to be implemented and the results achieved. It also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistical data relating to the employment of children between 5 and 15 years of age, and extracts of the reports of the inspection services.

Article 2(1). Scope of application. In its previous comments, the Committee indicated that its understanding was that the provisions of the Children and Young Persons’ Code regulating the employment of children and young persons apply in the context of an employment relationship. 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.

The Committee notes the Government’s information that the preventive inspection model aims to promote actions to protect children and young persons who work as a vulnerable category of workers. 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. It once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is an employment contract and whether or not the work is paid. The Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship, such as those who are self-employed or who work in the informal economy, are granted the protection afforded by the Convention. In this regard, it requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspection services in order to ensure that inspections cover children and young persons who are self-employed or work in the informal economy.

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. In view of the fact that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to continue its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to continue to supply information on the measures taken, within the framework of the National strategy against the worst forms of child labour, to increase school attendance rates at both primary and secondary levels and further reduce gender disparity in access to education, particularly at the secondary level, by giving special attention to boys and to the most vulnerable groups in the population, such as children in rural areas and displaced children, Afro-Colombian and indigenous children.

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. The Committee requests the Government to clarify whether under section 4 of Resolution No. 01677, young persons between 15 and 17 years may perform the types of hazardous work prohibited for children under 18 years listed in section 2 of the resolution. If so, it requests the Government to take the necessary measures to ensure that only young persons from 16 years who have received adequate specific instruction or vocational training may be allowed to perform types of hazardous work, in conformity with Article 3(3) of the Convention.

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. The Committee requests the Government to indicate the provisions of national legislation which lay down such penalties and to provide information on their application in practice.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. With reference to its previous comments, the Committee notes with interest the adoption of the “National strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)”, drawn up in cooperation with ILO–IPEC and UNICEF. The implementation of this strategy is based on six guiding principles, namely: the family as a unit of social action; the key cycles in the life of the child; recognition of the rights of the child; education as the best means of combating child labour; good use of resources; and the drawing up of measures resulting in synergy. In order to implement these six guiding principles, programmes of action will be drawn up and implemented. The Committee also notes that, according to the December 2007 evaluation report on the ILO/IPEC project on the elimination of child labour in Latin America, the Colombian Family Welfare Institute (ICBF) has implemented a project to prevent and eliminate child labour in 25 municipalities in the country. In addition, it notes the drawing up of the “National development plan (2006–10)”, which aims in particular to reduce poverty and cut child labour from 7.2 per cent to 5.3 per cent.

The Committee also notes that, according to the information contained in the explanatory notes relating to the national strategy, the percentage of children under 15 years of age who were working in 2005 is as follows: 1.4 per cent of children between 5 and 9 years of age (compared to 3.9 per cent in 2001), 4.9 per cent of children aged 10 or 11 (compared with 10.7 per cent in 2001) and 11.2 per cent of children between 12 and 14 years of age (compared with 16.6 per cent in 2001). Most working children are occupied in agriculture, mainly in harvesting coffee, sugar cane, fruit and vegetables, trade, services and industry. The Committee appreciates the measures taken by the Government to abolish child labour, measures which it considers as the affirmation of a political will to develop strategies to combat this problem. It also notes that these measures have enabled the percentage of working children to be reduced between 2001 and 2005. The Committee therefore strongly encourages the Government to continue its efforts to combat child labour and requests it to provide information on any measures taken in the context of the national strategy, the ICBF project to prevent and eliminate child labour and the National Development Plan for eliminating child labour, indicating in particular the programmes of action to be implemented and the results achieved. It also requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistical data relating to the employment of children and young persons, and extracts of the reports of the inspection services, particularly concerning inspections conducted in the abovementioned sectors.

Article 2, paragraph 1. Scope of application. The Committee noted that section 113 of the Children and Young Persons’ Code lays down the procedure for requesting permission to work for young persons. In this regard, it noted that section 113(1) provides that the permission to work must be requested jointly by the employer and the young person and that section 113(5) requires the employer to obtain a health certificate for the young worker. The Committee indicated that its understanding was that the provisions of the Children and Young Persons’ Code regulating the employment of children and young persons apply in the context of an employment relationship. It asks the Government to supply information on the way in which children and young persons who are not bound by an employment relationship, such as those who are self-employed, enjoy the protection afforded by the Convention.

The Government indicates in its report that, as far as the department of Cundinamarca is concerned, permission to work is also given to young persons working in a context other than an employment relationship. In addition, those young persons must be registered in the social security system. The Committee notes that this information concerns only one department and not the whole of the country. It therefore reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is an employment contract and whether or not the work is paid. The Committee requests the Government once again to provide information on the way in which children who are not bound by an employment relationship, such as those who are self-employed or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, it requests the Government to consider the possibility of taking steps to adapt and strengthen the labour inspection services in order to ensure this protection.

Article 2, paragraph 2. Raising the initially specified minimum age for admission to work. With reference to its previous comments, the Committee notes with interest that on 17 April 2008 the Government sent a declaration to the Director-General indicating that it was officially raising the minimum age for admission to employment or work from 14 to 15 years, thus bringing the minimum age fixed by national law into line with that prescribed at international level.

Article 2, paragraph 3. 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), while noting some improvements in the area of education, 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. The Committee requested the Government to provide information on the measures taken to increase the school enrolment and attendance rates and invited it to draw up a national education strategy.

The Committee duly notes 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?, Colombia is on course to achieve the goal of universal primary education for all by 2015. However, it notes that this report indicates that the country may not achieve the goal of gender parity in secondary education, to the detriment of boys. Furthermore, the Committee notes that, according to data for 2005 from the UNESCO Institute for Statistics, the primary school enrolment rate is 90 per cent for both girls and boys and, at secondary level, 64 per cent for girls and 58 per cent for boys. The Committee duly notes the detailed information from the Government 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 notes that, in the context of the implementation of the “National Strategy to prevent and eliminate the worst forms of child labour and protect young workers (2008–15)”, educational measures will be adopted, particularly with regard to the most vulnerable groups in the population.

In view of the fact that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to continue its efforts to improve the working of the education system in the country. In this regard, it requests the Government to supply information on the measures taken, in the context of the “National Strategy to prevent and eliminate the worst forms of child labour and protect young workers”, for increasing the school attendance rate at both primary and secondary levels and for reducing the gender disparity in access to education, particularly at secondary level, by giving special attention to boys and to the most vulnerable groups in the population, such as children in rural areas and displaced, Afro‑Colombian or indigenous children. The Committee also requests the Government to intensify its efforts to combat child labour by strengthening the measures enabling child workers to enrol in the school system, whether formal or informal, or in vocational training, provided that minimum age criteria are respected. The Committee requests the Government to provide information on the results achieved.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes with interest the adoption of resolution No. 01677 of 20 May 2008 determining the activities considered as the worst forms of child labour or hazardous and those whose working conditions are harmful to the physical and psychological health and safety of persons under 18 years of age (resolution No. 01677 of 20 May 2008). It duly notes that this resolution contains a detailed list of the types of hazardous work prohibited to all young persons under 18 years of age.

Article 3, paragraph 3. Hazardous work. The Committee notes 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 have 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.

The Committee reminds the Government that, under Article 3, paragraph 3, of the Convention, national laws or regulations may, after the organizations of employers and workers concerned have been consulted, authorize hazardous work by young persons aged 16 years or over, provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Even though both conditions laid down by Article 3, paragraph 3, of the Convention are respected by section 4 of resolution No. 01677, the Committee understands 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 requests the Government to provide information on the work which may be performed by young persons between 15 and 17 years of age under section 4 of resolution No. 01677 of 20 May 2008. It also requests the Government to provide information on the measures taken or contemplated to guarantee that no young person under 16 years of age will be authorized to perform hazardous work, as prohibited by section 2 of resolution No. 01677 of 20 May 2008.

Article 9, paragraph 1. Penalties. The Committee notes 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 requests the Government to indicate the provisions of national legislation which lay down such penalties and to provide copies of the relevant texts.

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The Committee notes the information sent by the Government in its report. It also notes the adoption of resolution No. 004448 of 2 December 2005 concerning the types of work which may not be performed by boys, girls and young people under 18 years of age and also Act No. 1098 of 8 November 2006 enacting the Children and Young Persons’ Code.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the “National survey on child labour – an analysis of the results of the survey on characterization of the population aged from 5 to 17 years in Colombia”, published by ILO/IPEC and the National Department of Statistics (DANE) in 2003. According to the statistics in this report, 225,000 children between 5 and 9 years of age and 670,000 between 10 and 14 years of age were working. Children were working principally in four sectors of economic activity, namely agriculture (36.4 per cent); commerce (32.7 per cent); industry (12.5 per cent); services (11.7 per cent); and others (6.6 per cent). The Committee also noted the National Plan for the elimination of child labour and the protection of youth labour and the programmes of action implemented in collaboration with ILO/IPEC to abolish child labour. It observed that the application of legislation on child labour appeared difficult and that child labour was a problem in practice. The Committee asked the Government to supply information on the results obtained following implementation of the National Plan and the programmes of action.

The Committee notes the information supplied by the Government, in particular that the measures taken have enabled the situation in the country to be improved but that, given the coexistence of various social and economic factors that maintain the phenomenon, other measures will have to be implemented. It also notes that on 5 May 2005 the Government signed a Memorandum of Understanding (MOU) with the ILO, for an initial duration of three years, concerning cooperation for the elimination of child labour, and in particular the worst forms thereof. In addition, a new National Plan for the prevention and elimination of child labour is currently being prepared. The Committee also notes the project to eliminate and prevent child labour in small-scale mines in Colombia, one of the objectives of which is to withdraw some 5,000 children from these mines. The Committee greatly appreciates the measures taken by the Government to abolish child labour, measures which it considers to be the affirmation of a political will to develop strategies to combat this problem. It also considers that the adoption of resolution No. 004448 of 2 December 2005 and the Children and Young Persons’ Code will make for better protection of children against economic exploitation. The Committee strongly encourages the Government to continue its efforts to combat child labour. Noting the Government’s indication that statistical information on the employment of children and young persons and labour inspection reports were not available, it sincerely hopes that it will be in a position to supply information in its next report on the implementation of new programmes of action and the new national plan, on the results obtained regarding the progressive abolition of child labour and on the application of the Convention in practice, by means of, for example, statistical data on the employment of children and young persons for each age group and extracts from the reports of the inspection services.

Article 2, paragraph 1. Scope of application. The Committee notes that section 113 of the Children and Young Persons’ Code lays down the procedure for requesting permission to work for young persons, which calls for certain actions on the part of the young person or his legal representatives and also on the part of the employer. It notes that section 113(1) provides that the permission to work must be requested jointly by the employer and the young person and that section 113(5) requires the employer to obtain a certificate of health for the young worker. It is the Committee’s understanding that the provisions of the Children and Young Persons’ Code regulating the employment of children and young persons apply in the context of an employment relationship. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee therefore asks the Government to supply information on the way in which children and young persons who are not bound by an employment relationship, enjoy the protection afforded by the Convention.

Article 2, paragraph 2. Raising the initially specified minimum age for admission to work. The Committee notes that, according to section 35 of the Children and Young Persons’ Code, the minimum age for admission to employment or work is 15 years, thus raising the initially specified minimum age from 14 to 15 years. It draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at international level.

Article 2, paragraph 3. Education. The Committee previously noted that, according to the statistics in the “National survey on child labour” published in 2003, the percentage of children who were working and studying simultaneously was as follows: 4.8 per cent for children from 5 to 9 years of age; 11.6 per cent for children from 10 to 11 years of age; 14.6 per cent for children from 12 to 14 years of age; and 13.8 per cent for children from 13 to 17 years of age. Moreover, referring to the concluding observations on the second periodic report of Colombia formulated by the Committee on the Rights of the Child in October 2000 (CRC/C/15/Add.137, paragraph 52), the Committee noted that the high drop-out and repetition rates in primary and secondary school was high and that there were disparities in access to education between rural and urban areas. With regard to access to education, it noted that the situation of children belonging to Afro-Colombian and indigenous groups was a source of particular concern, as was that of children living in camps for the displaced. It requested the Government to supply information on school enrolment and attendance rates.

The Committee notes the measures taken by the Government, in collaboration with ILO/IPEC, with regard to education to eliminate child labour. In its concluding observations on the third periodic report of the Government in June 2006 (CRC/C/COL/CO/3), the Committee on the Rights of the Child, while noting certain improvements in education, expressed its continuing concern at the following: that the Government had still not adopted a national education strategy based on children’s rights; indirect costs relating to administrative fees, to the purchase of uniforms and materials and to transport still existed, which explained the high and increasing drop-out rate among children from vulnerable groups in society, particularly in rural areas; the ethnic education policy (bilingual education) for indigenous communities was limited in scope and was often applied without the parties concerned being adequately consulted; and there were still no statistics on coverage, drop-out and completion rates according to type of area (urban or rural), ethnicity and sex. Considering that education is one of the most effective means for combating child labour, the Committee hopes that the Government will continue its efforts in this area and asks it to supply information on the measures taken, in particular to increase school enrolment and attendance rates. In this respect, the Committee invites the Government to draw up a national education strategy aimed at combating discrimination in access to education and social exclusion, the victims of which are vulnerable groups such as rural, displaced, Afro-Colombian or indigenous children.

Article 3, paragraph 2. Identification of types of hazardous work. The Committee notes with interest that resolution No. 004448 of 2 December 2005 contains a detailed list of types of hazardous work which may not be performed by boys, girls and young people under 18 years of age.

Article 3, paragraph 3 and Article 6.  Hazardous work and apprenticeships. In its previous comments, the Committee noted that section 245(1) of the Minors’ Code stated that minors under 18 years of age could not be employed in work involving exposure to risks to physical health or safety and listed the types of work which were thus prohibited to persons under 18 years of age. However, it noted that, under section 245(2) of the Minors’ Code, an apprentice between 14 and 18 years of age could perform hazardous work in the context of his apprenticeship. In this respect, the Committee notes that the new Children and Young Persons’ Code does not contain any provision similar to section 245(2) of the Minors’ Code and understands that minors over 14 years of age who are engaged in an apprenticeship may no longer perform hazardous work.

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The Committee takes note of the information supplied by the Government in its first and second reports and observes that it is taking a number of measures to abolish child labour. It notes with interest that on 25 July 2002 the Government signed a memorandum of understanding (MOU) with ILO/IPEC, which is to terminate on 24 July 2005. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. National policy to ensure the effective abolition of child labour. 1. Programmes of action. The Committee notes the projects undertaken by the Government in collaboration with ILO/IPEC, including the Programme for the elimination and prevention of child labour in the "peptima" small-scale mines in Colombia and the Programme on the prevention and elimination of domestic work by children in the households of others. With regard to the latter, the Committee notes the Government’s indication that the aim of this Programme is to affirm the rights of child domestic workers and to eliminate this form of work. Activities have been conducted in Bogota (Kennedy and Engativá) and Bucaramanga. The Committee notes that the programme’s target for 2004 is to withdraw 686 boys and girls under 18 years of age from work, including 478 under 14 years of age. Access to basic social services is also planned, in particular physical and mental health services and education. The Committee requests the Government to provide information on the results obtained, particularly as regards the number of children actually removed from domestic work as a result of the Programme on the elimination and prevention of domestic work by children in the households of others.

2. Committees for the elimination of child labour. The Committee notes that the Interinstitutional Committee for the elimination of child labour and the protection of working minors was established by Decree No. 859 of 26 May 1995. It further notes that the internal committee for coordination in the elimination of child labour and the protection of working minors was established by Resolution No. 00669 of 26 May 2000. The Committee requests the Government to provide information on the activities conducted by these two committees to eliminate child labour.

3. National plan for the elimination of child labour and the protection of young people’s labour (2003-06). The Committee notes that, according to the Government, it has adopted a National Plan for the elimination of child labour and the protection of youth labour. It notes that the National Plan is managed by the abovementioned Interinstitutional Committee under the responsibility of the Ministry of Social Protection and the Colombian Institute of Family Welfare and ILO/IPEC. Its objective is to prevent and eliminate the worst forms of child labour and determine the types of hazardous work that are prohibited for young people. The Committee requests the Government to provide information on the implementation of the National Plan and the results obtained, particularly as regards the effective elimination of child labour.

Article 2, paragraphs 1 and 4. 1. Scope of application. According to section 248 of the Minors’ Code, self-employment by minors is employment executed without a relationship of dependency and subordination. A minor wishing to carry out an activity on his or her own account must seek written authorization to work. According to section 238 of the Code, written authorization to work must be sought from the labour inspector or else the local authority, by the parents or, in the absence thereof, the family ombudsman. The Committee notes that the purpose of the abovementioned application procedure is to ensure better monitoring and hence better protection of young persons who are self-employed. It requests the Government to provide information on the application in practice of this procedure including statistics on the number of authorizations granted, the types of activity carried out by minors and the age of the minors.

2. Minimum age for admission to employment or work. (i) Specification of the age of 14 years. The Committee notes that upon ratifying the Convention, Colombia specified a minimum age of 14 years for admission to employment or work, under Article 2, paragraphs 1 and 4, of the Convention. The Committee requests the Government to indicate whether consultations were held with organizations of employers and workers in setting the minimum age at 14 years, and to provide any available information in this regard. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention which provides that each Member that has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization, information on its reasons for so doing.

(ii) "Associative" work. The Committee notes that according to section 250 of the Minors’ Code, the Government shall protect, encourage and promote "associative" work in which minors aged from 12 to 18 years participate as full members. This provision defines "associative" work as work done by any organization the statutory or de facto object of which is the production, processing, distribution or sale of goods, or the provision of services for the purposes of profit and solidarity for which all the members work. The Committee reminds the Government that according to Article 2, paragraphs 1 and 4, of the Convention, no child under the age of 14 shall be admitted to employment or work in any occupation whatever other than the exceptions allowed by the Convention. The Committee requests the Government to indicate the types of activity covered by "associative" work and to provide information on employment conditions in this type of work.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes that according to article 67(3) of the Constitution, education shall be compulsory from the age of 5 to 15 years and shall include at least one year’s pre-school education and nine years’ basic education. However, the minimum age for admission to employment or work specified by Colombia is 14 years. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age for completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning Minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee takes note of the "National survey on child labour - An analysis of the results of the survey on characterization of the population aged from 5 to 17 years in Colombia", conducted in November 2001 and published by ILO/IPEC at Bogotá and the National Department of Statistics (DANE) in 2003. According to the statistics in the survey, the proportion of children who both work and study is as follows: 4.8 per cent of children aged 5-9 years; 11.6 per cent of children aged 10-11 years; 14.6 per cent of children aged 12-14 years and 13.8 per cent of children aged 13-17 years. The Committee further notes that in its concluding observations on the second periodic report of Colombia in October 2000 (CRC/C/15/Add.137, paragraph 52), the Committee on the Rights of the Child expressed appreciation at the Government’s achievements in the field of education, but remained concerned at the high drop-out and repetition rates in primary and secondary school, and at the disparities in access to education between rural and urban areas. With regard to access to education, it expressed particular concern at the situation of children belonging to Afro-Colombian and indigenous groups, as well as those living in camps for the displaced. The Committee requests the Government to indicate how compulsory schooling is effectively monitored in practice. It also requests the Government to provide information on school enrolment and attendance rates.

Article 3, paragraph 3, and Article 6. Hazardous work and apprenticeship. The Committee notes that the national legislation regulates admission to employment or work in the case of hazardous activities and apprenticeship. Section 245 of the Minors’ Code prohibits minors (persons under the age of 18 - section 28) from being employed in jobs that involve exposure to risks to health or physical integrity. Section 245 lists the types of work prohibited for minors under 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. Section 81 of the Labour Code defines an apprenticeship contract as a contract whereby an employee undertakes to provide a service to an employer in return for which the employer provides the employee with the means of acquiring methodical and full vocational training in the craft or trade which the employee has been contracted to perform, for a specified period and for an agreed wage. According to section 82 of the Labour Code and section 3 of Decree No. 933 of 2003, persons 14 years of age who have completed their primary education or who show that they have knowledge equivalent to that standard may conclude an apprenticeship contract, in accordance with Article 6 of the Convention.

The Committee notes that under section 245(2) of the Minors’ Code, working minors over 14 years of age and under 18 years of age who are in technical training with the National Apprenticeship Service or in a specialized technical institute recognized by the Ministry of National Education or in an institution of the national system of family welfare authorized for the purpose by the Ministry of Labour and Social Security, or who obtain the occupational aptitude certificate of the National Apprenticeship Service (SENA), may be employed in the occupations specified in section 245(1). In order to be employed, minors must have authorization from the Ministry of Labour and Social Security, which will ensure that the activities may be performed with no serious risk to the health or physical integrity of the minor, who must have received appropriate training, and that security measures fully ensure the prevention of such risks. The Committee notes that under section 245(2), an apprentice of aged 14-18 years may, as part of the apprenticeship, perform hazardous work. The Committee reminds the Government that under Article 3, paragraph 3, of the Convention, national laws or regulations may, after the organizations of employers and workers concerned have be consulted, authorize hazardous work by young persons aged from 16-18 provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measure taken or envisaged to ensure that no minor under 16 years of age will be authorized to carry out any of the hazardous activities listed in section 245 of the Minors’ Code.

Article 7. Light work. Section 238 of the Minors’ Code provides that, exceptionally and in special circumstances determined by the family ombudsman, minors over the age of 12 years may be authorized to work in the conditions established by the Code. According to section 242(1) of the Minors’ Code, minors aged 12-14 years may work for only four hours a day on light work. According to section 161(1)(a) of the Labour Code, minors aged 12-14 years may work only four hours a day and 24 hours a week on light work. The Committee reminds the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit persons 12-14 years of age to be engaged in light work provided that it is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine not only the number of hours, but also the activities in which light work may be permitted and the conditions in which it may be undertaken. The Committee observes, however, that section 242(1) of the Minors’ Code and section 161(1)(a) of the Labour Code prescribe only the number of hours per day or per week during which light work may be permitted. The Committee requests the Government to provide information on the manner in which the requirements set in Article 7, paragraph 1, of the Convention are observed, namely: that the work is not liable to harm the child’s health or development; and is not such as to prejudice attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the capacity to benefit from the instruction received. It also asks the Government to indicate the activities in which light work by minors aged 12-14 years may be permitted, and to provide information on the working condition requirements.

Article 8. Artistic performances. The Committee notes that national laws and regulations do not appear to include provisions governing artistic performances. It reminds the Government that Article 8 of the Convention allows exemptions from the minimum age for admission to employment or work: after consultation with the organizations of employers and workers concerned, individual permits may be granted for such purposes as participation in artistic performances. Such permits must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities.

Part V of the report form. Practical application of the Convention. The Committee notes from the statistical data in the National Survey on Child Labour - Analysis of the results of the survey on the characterization of the population aged from five to 17 years in Colombia, 225,000 children aged 5-9 years and 670,000 aged 10-14 years work. Child labour is concentrated in four sectors of economic activity: agriculture (36.4 per cent); commerce (32.7 per cent); industry (12.5 per cent); and services (11.7 per cent); other (6.6 per cent). Moreover, 51.5 per cent of boys and girls who work are not paid. A fairly high proportion work between 25 and 48 hours or more than 49 hours a week. The Committee further notes that in its concluding observations on the second periodic report of Colombia in October 2000 (CRC/C/15/Add.137, paragraphs 62-65), the Committee on the Rights of the Child expressed concern that economic exploitation remains one of the major problems affecting children in Colombia. It was also concerned at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation, particularly in the informal sector. It also showed concern at the situation of children working in coca leaf plantations. It expressed most particular concern for children who work or live in the street in order to survive and who require special attention because of the risks to which they are exposed. It recommended that the Government take effective measures to address the situation of children involved in hazardous labour, especially in the informal sector and coca leaf plantations. It further recommended strict enforcement of child labour laws, strengthening of the labour inspectorates and the imposition of penalties in cases of violation. In addition, it recommended that the Government adopt appropriate programmes and policies for the protection and rehabilitation of children living and/or working in the streets.

The Committee likewise expresses its deep concern at the situation of young children in Colombia who are compelled to work out of personal need. In this connection, it notes from the abovementioned statistical data that the child labour legislation appears difficult to enforce and that child labour is a problem in practice. The Committee therefore strongly encourages the Government to step up efforts gradually to improve the situation and asks it to continue to provide detailed information on the practical effect given to the Convention, such as statistical information on the employment of children and young persons by age group, extracts of the reports of the inspection services, particularly inspections in agriculture, including the sugar cane, coffee, melon and tomato sectors, and in domestic work.