Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

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.