Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Colombia (Ratification: 2005)

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 Columbia (CUT), and the General Confederation of Labour (CGT) received on 1 September 2021.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring t and offering of children for the production of pornography or pornographic acts. The Committee notes the Government’s indication that, in the framework of Act No. 1336 of 2009, supplementing and reinforcing Act No. 679 of 2001 combating exploitation, pornography and sexual tourism involving children and young persons, prevention programmes have been put in place in respect of online commercial sexual exploitation of children. Noting also that, with the support of the Columbian Family Protection Institute (ICBF), technical assistance has been provided on the use, recruitment and offering of children for pornographic purposes to defenders, family commissioners and police officers. The Committee requests the Government to continue providing information on the measures adopted to prevent and punish the use, procuring or offering of children for the production of pornography and on their impact.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child labour in small-scale mining. In its previous comments, the Committee noted the policies and projects implemented by the Government to eradicate child labour in both the formal and informal mining sector, and requested the Government to continue its efforts in this regard. It also noted that mining activities are considered to be hazardous, and are prohibited for persons under 18 years of age. The Committee observes that the CTC, CUT and CGT refer to situations in which miners, despite awareness of the labour standards in force, allow persons under 18 years of age to work in mines, a fact worsened under the prevailing COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that within the framework of the Somos Tesoro (We Are a Treasure) project, implemented in partnership with the private sector in eight municipalities in the country, assistance was given in the formalization process for mining and provided to families identified as having children or young persons engaged in child labour. As at April 2019, a total of 13,239 children and young persons had participated in the educational component focused on child labour prevention, more than 280 miners had received training and 4,312 families had participated in the livelihood component. As a result of this, the Government indicates that child labour in the mining sector fell from 2.6 per cent in 2014 to 0.5 per cent in 2018. The Committee also takes note of the signing of the inter-administrative agreement between the Ministry of Mining and Energy and the ICBF to encourage action to strengthen and implement policies and guidelines on prevention and eradication of child labour in mining. Within the framework of this agreement, in 2017, care was provided to 210 children and young persons at risk of or engaged in child labour, and training on comprehensive protection for children and young persons was given to 531 public servants in the National System for Family Protection and to 49 mine owners. The Committee welcomes the measures adopted to provide care to children engaged in the worst forms of child labour in the mining sector and requests the Government to continue providing information in this regard, including information on the number of children and young persons who have been removed, rehabilitated and socially integrated.

Clauses (a) and (d). Prevent the engagement of children in the worst forms of child labour. Children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted that the Government had undertaken interventions to eradicate child labour in territories inhabited by ethnic minorities, in application of the standards provided in the Indigenous and Tribal Peoples Convention, 1989 (No. 169). At the same time, the Committee notes the high school d0rop-out rate among indigenous, Afro-Colombian and rural children. The Committee notes the Government’s indication in its report that the formulation of an ethnic chapter of the Public Policy Framework for the Prevention of Commercial Sexual Exploitation of Children and Young Persons is being coordinated with the Standing Round Table for Concertation of the Indigenous Peoples. It also notes that the ICBF has undertaken an initiative to accompany young persons from the indigenous, Afro-Colombian, Black, Raizal, Palenquero and Rom communities in formulating life-projects with a differential approach to ethnic rights. The Committee notes that the CTC, CUT and CGT indicate that there are significant numbers of indigenous children working exhausting days exposed to cold, rain and infection. The Committee again requests the Government to provide information on the results of the measures adopted to remove and rehabilitate children belonging to indigenous and ethnic minorities from the worst forms of child labour, including through measures adopted to facilitate their access to, and maintenance in, basic education. It also requests the Government to provide updated statistical information on the school attendance rates of children belonging to indigenous and ethnic minorities.

Article 8. International cooperation. The Committee notes the Government’s indication that it has signed a cooperation agreement with the United Nations Office on Drugs and Crime (UNODC) with the objective of coordinating efforts to build the capacities of children, parents, caregivers and communities to promote and guarantee the rights of the child. Under the cooperation agreement, developing action specifically to prevent the trafficking of children in the context of migration flows is envisaged. The Committee also notes that, as part of the Latin America and the Caribbean Free of Child Labour Regional Initiative, the Government has institutionalized the Risk of Child Labour Identification Model in order to identify the territories at higher risk of child labour, taking into account such criteria as armed conflict, economic production sectors, poverty figures and unemployment rates. The Committee requests the Government to provide information on the results obtained from implementation of the agreement signed with UNODC to prevent the trafficking of migrant children. The Committee also requests the Government to continue providing information on the measures adopted in the context of the Regional Initiative, and on the results obtained through the Risk of Child Labour Identification Model.