Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Colombia (Ratification: 1969)

1. Article 2 of the Convention. With regard to point 2 of its previous direct request in which it commented on the worrying rise in unemployment among women, the Committee notes that progress has been made in implementing the employment generation and unemployment protection programmes developed by the General Directorate for the Promotion of Labour, including the unemployment subsidies programmes, the entrepreneurial fund and the employment in action programme. The Committee would be grateful if in its next report the Government would provide information on current activities aimed at reducing the high level of unemployment and underemployment among women and to improve women’s access to employment and training and their working conditions and standards of living.

2. Public sector. Having noted from the Government’s report on the application of Equal Remuneration Convention, 1951 (No. 100), that the participation rates of men and women in the public sector are regulated by Act No. 581 of 31 May 2000, the Committee requests the Government to send statistical information with its next report showing the distribution of men and women in high-level posts in the public administration.

3. Private sector. The Committee notes from the Government’s report on the application of Convention No. 100 the Government’s statement that although there are principles enshrined in the Constitution and the law that safeguard gender equality, it is ultimately employers who decide, according to their needs and on the strength of the free market, whether to select men or women in the recruitment procedure. The Committee reminds the Government that under
Article 2 of the Convention, the Government is required to declare (giving particulars) and pursue a policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee draws the Government’s attention in this context to paragraphs 157 to 176 of its General Survey on equality in employment and occupation, 1988, in which it examines the formulation and content of such a policy and methods of applying it. In particular, it points out in paragraph 159 that “while affirmation of the principle of equality before the law may be an element of such a policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention.” The Committee requests the Government to indicate in its next report the measures taken or envisaged to apply a policy in the private sector that is consistent with the Convention, including measures implemented in cooperation with employers’ and workers’ organizations.

4. Indigenous peoples and Afro-Colombians. With regard to point 3 of its previous direct request in which it noted a report on Colombia by the Committee on the Elimination of Racial Discrimination which referred to discrimination against indigenous populations and Afro-Colombians in that these communities are disproportionately subjected to violations of human rights and international humanitarian standards, and drew particular attention to the situation of women, who are victims of discrimination based on their gender, race or ethnicity, and their displaced status, and to the conditions of extreme poverty in which many Afro-Colombians live. The Committee asks the Government to provide information in its next report on the positive and effective measures applied to increase training and employment opportunities for Afro-Colombians and indigenous communities, in both the public and the private sectors.

5. Situation of the Roma. The Committee notes the Special Rapporteur’s report of 24 February 2004 (E/CN.4/2004/18/Add.3), “Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Colombia”. The Committee expresses concern over the situation of the Roma, who are subject to discrimination, and requests the Government to provide information on their work situation in all aspects relating to the application of the principle of equality of opportunity and treatment in employment and occupation laid down in the Convention.

6. Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

7. Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.