Forced Labour Convention, 1930 (No. 29) - Colombia (Ratification: 1969)

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

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) and the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2021. The Committee notes that the observations received relate to issues already raised.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously welcomed the measures taken by the Government to combat trafficking in persons and protect victims within a broad and coordinated policy, and requested the Government to continue taking measures to implement the second national strategy to combat trafficking in persons.

The Government reports the adoption of a new strategy to combat trafficking in persons for 2020–2024. The Committee welcomes the fact that the strategy is the product of a participative process with the Inter-institutional Committee to Combat Trafficking in Persons and based on input from the evaluation of the previous strategy. Apart from reinforcing the normal lines of action (coordination, protection, investigation, data, prevention, international cooperation), the strategy widened its coverage to include other elements/areas, such as the question of restoring the rights of victims, care for migrant populations, or the inclusion of areas with no State presence.

The Committee also notes the abundant and detailed information provided by the Government on:

• – Data and analysis of the trafficking phenomenon. In this regard, the Government specifies that Colombia is one of the epicentres of trafficking in persons in two ways: the first, where persons, principally women, are tricked and taken abroad for the purpose of exploitation; and the second, because Colombia is at the crossroads of transfer of victims coming from other countries in Latin America. Out of the 1208 victims who between 2008 and June 2021 benefited from protection and care services, the large majority are women (961), Colombian women (1051), Venezuelan women (110), victims of trafficking for sexual exploitation (708), forced labour (247) or servitude (23), externally trafficked (975), or internally trafficked (223). According to the Government, a major risk of vulnerability has been identified which is related the economic effects of the COVID-19 pandemic among persons already in a precarious situation (the lowest wages, informal sectors, irregular migrants, temporary workers);
• – the formulation of a psychosocial aid protocol for victims of trafficking;
• – action by the Office of the Public Prosecutor (FGN), through the Delegate for Citizen Security and the Delegate against Organized Crime (two posts held by women) which have specialized attorneys to prosecute trafficking cases, as well as various specialized judicial police. Work was undertaken to characterize the criminal phenomenon, so as to facilitate the investigation of cases, with the aim of increasing effective prosecution and to provide differentiated care to victims;
• – improved access to justice for victims, through telephone, written and electronic channels administrated by the FGN Contact Centre, which provides a system helping complainants to register information, with a view to having better quality data at the outset of investigations;
• – complaints and prosecutions coming through the Office of the Public Prosecutor: between July 2017 and May 2021, there were 718 complaints, corresponding to 531 victims, which resulted in 614 prosecutions, with 40 completed rulings.

The Committee notes, according to the Government, that among the main obstacles to the investigation of trafficking identified are the lack of in-depth knowledge and approach to cases among legal system actors, the refusal by victims to take part in the stages of the criminal procedure and the invisibility of certain cases, which makes it difficult to make the problem visible and attack criminal networks. The Committee also observes that although the CTC, CUT and CGT recognize the measures taken in respect of awareness-raising, training, complaints and investigation, they emphasize the acute need to determine the effects and results of these measures to establish whether they are having a real impact on protection of the most vulnerable, restoring the rights of victims and reducing levels of forced labour.

The Committee encourages the Government to pursue its efforts to prevent the trafficking of Colombian citizens abroad and to combat the trafficking of persons on national territory, and requests it to indicate the measures adopted under the main lines of action in the national strategy (in particular prevention, protection, data collection and international cooperation). The Government is also requested to provide information on the protection given to victims, including measures for remedy and rehabilitation, and on the measures to encourage them to collaborate in the investigations and criminal proceedings. The Committee also requests the Government to provide information on the measures taken to strengthen the system for identification of trafficking, as well as on the legal proceedings undertaken against perpetrators and the convictions handed down.

Articles 1(1) and 2(1). Vulnerable workers in illegal mines and risk of forced labour. The Committee notes the information provided by the Government regarding activities to prevent trafficking in persons in regions of the country where mining takes place, as well as on the preventive visits and reactive inspections undertaken by the labour inspectorate of the territorial directorates and the penalties imposed.

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

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) and the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2021. The Committee notes that the observations received refer to matters raised previously.

Article 2(2)(a) of the Convention. Purely military character of work exacted in the context of compulsory military service. The Committee has previously emphasized that the conception of compulsory military service in Colombia (Act No. 1861 of 2017 regulating the recruitment service and the monitoring and mobilizing of the reserve), which may be exacted in various forms, is broader than the exception allowed by the Convention. Thus, the various activities that the conscripts may undertake as part of the military service are not of a purely military character and are therefore not in conformity with the exception allowed in Article 2(2)(a) of the Convention, which excludes from its scope of application only work or service exacted in virtue of compulsory military service laws for work of a purely military character. The Committee highlighted in particular the situation of persons who have completed secondary education who carry out their military service in the National Penitentiary and Prison Institute (INPEC), and conscripts who carry out activities relating to the conservation of the environment and of natural resources in the “environmental” service.

The Committee recalls that compulsory military service in Colombia is of 18 months’ duration or 12 months for graduates of secondary education and comprises four stages: basic military training, training in productive work, application in practice of the basic military training and a period of rest. Under section 16 of Act No. 1861 of 2017, at least 10 per cent of personnel in each intake shall complete “environmental” service, that is, support activities aimed at protecting the environment and natural resources.

With regard to compulsory military service in the INPEC, the Government indicates in its report that within the framework of the agreements concluded between the Ministries of National Defence and of Justice and the INPEC a certain number of secondary education graduates are divided into four auxiliary contingents in the INPEC prison guard service. After three months’ prison-specific training, the auxiliaries assist in the basic penitentiary centre activities of security, custody, surveillance and treatment of prisoners.

With regard to environmental service, the Government refers to Decree No. 977 of 7 June 2018, under which the Ministry of National Defence, in coordination with the Ministry of the Environment and Sustainable Development, sets out guidelines for basic support activities aimed at protecting the environment and renewable natural resources, as an extension of the constitutional mission of the Military Forces and the National Police. The Government indicates that within the framework of its mandate, the National Police has a specialized branch of Environmental and Natural Resource Police, responsible for assisting the competent authorities in the defence and protection of the environment. In accordance with Act 1861 of 2017, the National Police included the protection of the environment and natural resources among the activities to be carried out by the police auxiliaries during their military service in the Institution.

With respect to the training in productive work, the Government indicates that the Ministry of National Defence and the National Apprenticeship Service establish the types of training for productive work available to military service conscripts, giving priority to training that is in line with each institution’s mission. The aim is to contribute to the promotion and strengthening of human talent, training, updating, certifying and increasing levels of qualification and developing technical and technological occupational skills.

The Government considers, as a social duty of young people towards the country, that both the services provided by the secondary education graduates in the INPEC, and the experience of the police auxiliaries within the environmental services, offer a useful opportunity to develop skills that will allow them to enter the world of work. The Government adds that with the de-escalation of the armed conflict, military service has evolved from military to social service in urban areas. Nevertheless, it retains its particular character due to the presence of armed groups, which puts the physical integrity of all members of the security forces at constant risk. For this reason, the Government considers that Act 1861 of 2017 has provided benefits and safeguards to the conscripts, it being necessary for military service in its various forms to be maintained, as an effective tool for achieving the goals of the State.

The Committee notes the explanations provided by the Government and recognizes that Governments may have a legitimate need to establish a compulsory military service. The Committee recalls in this regard that military service is outside the scope of the Convention, but conditions have been placed on this exception to prevent it from being diverted from its fundamental purpose and used to mobilize conscripts for public works or other tasks that are not of a purely military character. While recognizing and valuing the social and environmental considerations underlying the diversification of the tasks undertaken as part of compulsory military service, the Committee recalls that these tasks are nonetheless undertaken within a framework of legal obligation of service deriving from compulsory military service.

Therefore, the Committee trusts that the Government will take the necessary measures to review the legislation regulating obligatory military service in the light of the provisions of Article 2(2)(a) of the Convention, under which any work or service extracted in virtue of compulsory military service laws must be of a purely military character. The Committee requests the Government to provide information on the total number of conscripts who are enlisted in compulsory military service, the number of conscripts who perform their service in the National Penitentiary and Prison Institute (INPEC), the number of conscripts who perform it in the “environmental” service and the number of conscripts who undertake occupational training, together with the duration of the training.

The Committee recalls that the Government may avail itself, should it so wish, of the technical assistance of the ILO, with a view to resolving the difficulties raised concerning the application of the Convention.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 30 August 2017, the observations of the General Confederation of Labour (CGT), received on 31 August 2017, and the joint observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017.

The Committee takes note of the signing, in October 2018, of the Decent Work Pact through which the Government, employers and workers commit themselves, among other things, to contributing to the eradication of child labour and forced labour.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the Government’s commitment to combating trafficking in persons particularly through: Act No. 985 of 2005 on measures to combat trafficking in persons and protect victims; the comprehensive national strategy against trafficking in persons covering prevention, victim protection, international cooperation, and police and judicial investigation; the efforts made by the Inter-institutional Committee to Combat Trafficking in Persons; and the establishment of units within the National Police and the Ministry of the Interior specialized in combating trafficking. The Committee encouraged the Government to continue taking measures to combat the complex phenomenon of trafficking in persons, which is further complicated by the fact that Colombia is a departure, transit and destination country for trafficking and that a large number of persons have been displaced as a consequence of the internal armed conflict.

The Committee notes the detailed information supplied by the Government on the steps taken to implement the four prongs of the national strategy. In this regard, the Committee notes that a new strategy, developed by the Inter-institutional Committee, has been adopted for the 2016–18 period (Decree No. 1036 of 2016). This strategy is the result of a participative process to which the different actors involved in combating trafficking have contributed. The strategy is based on six cross-cutting pillars and seven lines of action. Decree No. 1036 also establishes a Human Trafficking Observatory, mandated to produce and collect reliable and recent data on trafficking in persons that contribute to a better understanding of the phenomenon and the development of effective public policies in that area.

With specific regard to victim protection, the Committee notes the adoption of Decree No. 1066 of 2015, one chapter of which describes in detail the nature of the protection and assistance to be provided to victims and establishes the procedures and formalities to be implemented by the authorities in this regard. The assistance programmes comprise two phases: immediate medical and psychological assistance; and medium- and long-term assistance to equip victims with the tools for social reintegration. Assistance is granted to victims regardless of whether they have filed a judicial complaint. With regard to investigation, the Government describes how different police units cooperate among themselves and with the Office of the Prosecutor-General, which has 26 prosecutors and specialized teams to lead enquiries into cases of trafficking in persons. Furthermore, the Government provides information on the various actions taken by the Ministry of Labour to prevent and combat fraudulent offers of employment, which are often used to trap victims in cases of trafficking in persons for labour exploitation (operation of a telephone helpline for reporting violations, analysis of the modus operandi of fraudulent employers, implementation of awareness-raising campaigns and the training of labour inspectors). The Committee also notes that, in the context of the eight Memoranda of Understanding signed between Colombia and Argentina, Chile, Costa Rica, Ecuador, El Salvador, Honduras, Paraguay and Peru, respectively, several bilateral meetings have been held to implement the Memoranda of Understanding, formulate bilateral plans of action against trafficking and share best practices. The Committee also observes that Colombia is among the 13 countries selected to benefit from the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO.ACT) programme, which supports countries in developing and implementing a comprehensive national response to combat both these crimes.

The Committee notes that, in its observations, the CGT indicates that the network of labour inspectors specialized in the area of trafficking in persons, which was due to be established in July 2017, is not yet in place. The CGT considers that more complete data on the phenomenon of trafficking in persons are necessary, particularly with regard to women. In their joint communication, the CUT and the CTC observe that only a limited number of victims have been officially identified and that there are still problems regarding their access to the justice system. The two trade unions call on the Government to be more proactive, particularly by: establishing systems to facilitate the identification of victims and perpetrators of crimes; implementing a special programme for the protection of victims and their aftercare; establishing mechanisms to facilitate the detection of possible collusion by public officials; and collecting more precise data on cases which are pending or have already been settled.

The Committee notes that, according to data available on the website of the Ministry of the Interior, 422 cases of human trafficking were recorded between 2013 and May 2018, of which 84 per cent involved women, 60 per cent involved trafficking for sexual exploitation and 25 per cent involved trafficking for labour exploitation. In 2017, the operational anti-trafficking centre provided assistance to 98 victims.

The Committee notes all of this information and welcomes the Government’s efforts to adopt and implement a broad and coordinated policy to combat trafficking in persons. The Committee requests the Government to continue taking the necessary measures to implement the seven lines of action of the national strategy to combat trafficking in persons and to provide detailed information on this matter. The Committee also requests the Government to indicate the steps taken to ensure that all protection and assistance measures set out in the abovementioned Decree No. 1066 of 2015 are applied to victims in practice and to ensure better detection of situations involving trafficking in persons for both sexual and labour exploitation. Lastly, noting that the Government has not provided any information regarding ongoing investigations or judicial decisions even though 422 cases of trafficking have been recorded since 2013, the Committee requests the Government to supply information on the investigations conducted, the judicial proceedings initiated and the judgments handed down in cases of trafficking, with an indication of the difficulties faced by the competent authorities in this area. The Government is also requested to provide copies of reports or data published by the Human Trafficking Observatory and the Inter-institutional Committee to Combat Trafficking in Persons.

Article 2(2)(a). Purely military character of work exacted in the context of compulsory military service. For several years, the Committee has been requesting the Government to take the necessary measures to review all legislation governing compulsory military service and bring it into line with Article 2(2)(a) of the Convention, under which, in order to not be considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee has emphasized that the notion of compulsory military service in Colombia, which may be exacted in various forms, is much broader than the exception allowed by the Convention. For example, conscripts who have completed secondary education may be engaged in work that is not of a purely military nature. In this regard, the Committee has referred to:

• -sections 11 and 13 of Act No. 48 of 1993 regulating the recruitment and mobilization service under which soldiers, and particularly conscripts who have completed secondary education, shall “carry out activities relating to the furtherance of the well-being of the population and the conservation of the environment”; and
• -section 50 of Act No. 65 of 1993 and Decree No. 537 of 1994 regulating military service for graduates in the National Prison Institute, under which conscripts who have completed secondary school may perform their military service as auxiliaries in the National Prison Guard and Surveillance Service, where they assist prison staff in the guarding, surveillance and reintegration of prisoners.

In its report, the Government refers to the adoption of Act No. 1861 of 2017 regulating the recruitment service and the monitoring and mobilization of the reserve. The Committee notes that this Act repeals Act No. 65 of 1993. Under sections 4 and 11, military service is compulsory and is a duty that must be fulfilled by all Colombians who, from the age of 18 years, must declare their military status as a Class 1 or Class 2 reservist. The Act provides for a series of exemptions from compulsory military service, including conscientious objection. Military service lasts for 18 months and comprises four stages: military training, training in productive work, application in practice of the military training and a period of rest. However, military service for graduates of secondary education lasts for 12 months and they have no access to productive vocational training. The Committee also notes that, under section 16 of the Act, at least 10 per cent of personnel in each intake shall complete “environmental” service involving support activities aimed at protecting the environment and natural resources. Lastly, the Committee notes that while the CUT and the CTC, in their observations, welcome the changes introduced by the Act of 2017 with regard to the removal of the obligation to declare one’s military status to obtain employment in the public or private sectors, the CGT indicates that it has received information confirming that the activities carried out in the context of military service are not of an exclusively military character.

The Committee notes this information and notes with regret that the new legislation adopted does not respond to the concerns previously expressed by the Committee regarding the range of activities that may be undertaken by conscripts in the context of compulsory military service. The Committee once again expresses the firm hope that the Government will take the necessary measures to review the various forms of military service so that only work of a purely military character can be imposed on conscripts, particularly taking into account the situation of graduates of secondary education carrying out their military service in the National Prison Institute and conscripts conducting support activities aimed at protecting the environment and natural resources in the context of “environmental” service. Lastly, the Committee requests the Government to provide information on the “training in productive work” component of compulsory military service.

Articles 1(1) and 2(1). Vulnerable workers in illegal gold mines at risk of forced labour. The Committee notes that the CGT refers in its observations to illegal gold mines and considers that the State does not conduct sufficient inspections of the working conditions in this sector and does not undertake sufficient prevention activities. On the basis of a report of the Comptroller-General of the Republic, the CGT alleges forced displacements and human rights violations and emphasizes that the illegal nature of the economic activity encourages the exploitation of workers and the trafficking of persons, particularly of women for sexual exploitation. The CGT highlights the fact that this illegal mining takes place in isolated and inaccessible areas. The Committee requests the Government to supply information on the allegations of the CGT and to indicate the steps taken to protect workers in this sector to prevent them becoming trapped in situations of forced labour.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 29 August 2014, and the 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 29 August, 31 August and 1 September 2014, respectively.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee noted previously that trafficking in persons remains a major problem in Colombia despite the Government’s commitment to combat this scourge and the establishment of a comprehensive legislative and institutional framework. The Committee referred to Act No. 985 of 2005 setting forth measures to combat trafficking in persons and protect victims, and the comprehensive national strategy against trafficking in persons (2007–12), covering prevention, victim protection, international cooperation, and police and judicial investigation.

The Committee notes the comprehensive and detailed information provided by the Government on the measures taken to implement the national strategy. In the area of prevention, the Government refers to the numerous awareness-raising campaigns undertaken by all public authorities involved in combating trafficking. Within the Ministry of the Interior, 32 departmental committees and 48 municipal committees have been established to coordinate activities in this area. The Ministry of Labour has carried out training activities for labour inspectors in order to facilitate their intervention in cases of trafficking for purposes of labour exploitation. The police have established a group to investigate trafficking in persons and the Colombian Family Welfare Institute (ICBF) has set up a free telephone helpline to receive complaints from victims and provide them with assistance. Regarding the protection of victims, the Ministry of the Interior has established an operational anti-trafficking centre which, in 2013, took in 60 victims from other countries who all received assistance before being, for the most part, repatriated. The Government also refers to the efforts made by the Inter-institutional Committee to Combat Trafficking in Persons to encourage bilateral and regional cooperation mechanisms, and refers to bilateral agreements signed with Argentina, Chile, El Salvador, Ecuador and Honduras. Lastly, in relation to the judiciary, training activities have been carried out by the Ministry of the Interior for justice officials to ensure a better understanding of trafficking and to improve surveys and judicial procedures. The Ministry of Labour has also carried out activities to study the concept of labour exploitation in order to determine its basic components. Intervention procedures in cases of suspected trafficking have been put in place by the Special Administrative Unit on Migration of Colombia and by the national police. As a result of those actions, in 2013, the police dismantled seven transnational criminal networks and one national network; 28 people were arrested and 11 court decisions were handed down, sentencing the perpetrators to prison terms of between eight and ten years. In addition, according to a report of the Public Prosecutor, as at 31 December 2013, 143 judicial inquiries had been launched, 87 of which were for sexual exploitation and 21 for labour exploitation.

In their observations, all the social partners recognize the measures taken by the various competent bodies in the framework of the national strategy. The OIE and the ANDI emphasize the results achieved at the judicial level to protect victims and strengthen labour inspection. However, the CUT considers that the effectiveness of the strategy is insubstantial, since figures show that the phenomenon is not decreasing but indeed is persisting. Among the causes of trafficking, the CUT refers to the impact of internal armed conflict on the trafficking of women and forced prostitution, as well as the difficulty of gaining access to the formal labour market. Emphasizing that the overwhelming majority of victims of trafficking are women, the CGT refers to the historical discrimination of which they have been victims and emphasizes the need for a genuine public policy that takes into account the issues of gender and territory. The CTC highlights the shortcomings of the labour inspectorate, which is not in a position to access rural areas or mining sites. Lastly, both the CUT and the CTC emphasize the need to strengthen the protection of vulnerable workers (women, children, indigenous workers).

The Committee also notes that, in its concluding observations of May 2013, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families notes the steadfast efforts of Colombia to combat the crime of trafficking in persons. It nevertheless states its concern at the fact that the State party is one of the primary countries of origin of victims of trafficking in the region, especially women and girls (CMW/C/COL/CO/2).

The Committee notes all this information and encourages the Government to continue its efforts to combat this complex phenomenon, which is further complicated by the fact that Colombia is a departure, transit and destination country for trafficking and that a large number of persons have been displaced as a consequence of the internal armed conflict. The Committee requests the Government to indicate how the implementation and impact of measures taken in the four areas of the national strategy are evaluated and what measures have been taken to overcome the obstacles identified and to adapt the national strategy accordingly. Emphasizing that the coordination of actors is essential in order to identify situations of trafficking in persons and gather the evidence to institute appropriate legal proceedings, the Committee requests the Government to continue to take the necessary measures to that end and to provide information on this subject. Please also provide information on the legal proceedings initiated against perpetrators of trafficking in persons, specifying the penalties imposed. Lastly, the Committee requests the Government to indicate the measures taken to strengthen cooperation with countries in which its citizens are victims of trafficking and to ensure their protection, particularly on their return to Colombia.

Article 2(2)(a). Purely military character of work exacted in the context of compulsory military service. In its previous comments, the Committee requested the Government to take the necessary steps to bring the legislation governing compulsory military service into line with the Convention. The notion of compulsory military service in Colombia, which may be performed in various forms, is much broader than the exception allowed by the Convention. Furthermore, in the case of conscripts who have completed secondary school (bachilleres), the condition required under the Convention in order to exclude military service from its scope, that is, that work exacted in virtue of compulsory military service must be of a purely military character, is not fulfilled. In this regard, the Committee referred to:

• – sections 11 and 13 of Act No. 48 of 1993 regulating the recruitment and mobilization service under which soldiers, and particularly conscripts, shall “carry out activities relating to the furtherance of the wellbeing of the population and the conservation of the environment”; and
• – section 50 of Act No. 65 of 1993 and Decree No. 537 of 1994 regulating military service for graduates in the National Prison Institute, under which conscripts who have completed secondary school may perform their compulsory military service as auxiliaries in the National Prison Guard and Surveillance Service, where they assist prison staff in the guarding, surveillance and reintegration of prisoners.

The Committee notes that, in their observations, the CUT and the CTC call for urgent measures to be taken to end this form of compulsory military service, and the CGT emphasizes the discriminatory nature of this practice, since conscripts who have completed secondary school are mainly young persons in situations of poverty and vulnerability. The CTC also draws attention to the irregularities in the recruitment process for conscripts, which have been noted by the State Council. The Committee also observes in this regard that the information provided by the Government only concerns the procedure established to deal with requests for exemption from compulsory military service, particularly for victims of crimes.

Recalling that according to the statistics provided previously by the Government, there are more conscripts (bachilleres) than regular soldiers, the Committee expresses the firm hope that the Government will take the necessary measures to review the legislation governing compulsory military service and bring it into line with Article 2(2)(a) of the Convention, under which any work exacted in virtue of compulsory military service laws shall be of a purely military character.

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

The Committee notes the observations of August 2010 submitted by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) referring to the situation of vulnerable categories of workers (women, children, migrants or indigenous people) that may be the target of certain types of forced labour, including forced prostitution, trafficking in persons, the forced labour of children or exploitation in the context of compulsory military service. The Committee hopes that the Government will provide information on these observations with its next report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in reply to its general observation on trafficking in persons, the Government sent information in 2002 on the provisions of the law (section 188A of the Penal Code) that make trafficking in persons a criminal offence, the measures taken to combat the phenomenon and alert the population, and on the international cooperation activities developed for these purposes. The Committee has since then learned of the adoption of Act No. 985 of 2005 setting forth measures to combat trafficking in persons and protect the victims, and of Decree No. 4786 of 19 December 2008 establishing a comprehensive national strategy to combat trafficking in persons. The Committee notes that the aim of the strategy, which covers the period from 2007 to 2012, is to bolster the State policy so as to reduce trafficking, a scourge affecting both Colombia and the international community. The strategy has an integrated approach, covering prevention, protection and assistance for victims and witnesses, international cooperation, police investigation and judicial action.

The Committee notes that these measures reflect the Government’s determination to combat trafficking in persons. It nonetheless observes that several United Nations bodies have expressed concern that despite such measures, trafficking in persons is still a major problem in Colombia (see, for example, the 2007 concluding observations of the Committee on the Elimination of Discrimination against Women – CEDAW/C/COL/CO/6, paragraphs 20–21 – and those of 2009 by the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families – CMW/C/COL/CO/1CRP, paragraphs 31–32). The Committee asks the Government to provide, in its next report, detailed information on the measures taken to implement the various parts of the national strategy, specifying the results obtained and the difficulties encountered. Please also provide information on legal proceedings brought against perpetrators of trafficking, specifying the penalties imposed, so that the Committee may satisfy itself that such penalties are really adequate and strictly enforced as required by Article 25 of the Convention.

Article 2(2)(a). Purely military character of work exacted in the context of compulsory military service. In its previous comments, the Committee noted that there are various forms of compulsory military service and that graduates may perform compulsory military service as assistants in the National Prison Guards and Surveillance Service (section 50 of Act No. 65 of 1993 and Decree No. 537 of 1994 regulating military service for graduates in the National Prison Institute). The Government stated that the duties of such assistants include assisting prison staff with the guarding, surveillance and reintegration of prisoners and that they accordingly take part in educational, sports and social activities for prisoners. The Committee pointed out that to be excluded from the scope of the Convention and in order not to be considered as forced labour, work exacted in virtue of compulsory military service laws must be of a purely military character. It took the view that this was not the case of the duties assigned to graduates performing their military service in the National Prison Institute. In its latest report, the Government states that compulsory military service is a constitutional duty incumbent on all Colombians, except in certain instances expressly set out in the law (sections 27 and 28 of Act No. 48 of 1993 regulating the recruitment and mobilization service). The Government adds that compulsory military service has its roots in the need to ensure the protection of Colombia’s sovereignty, independence and territorial integrity and uphold the constitutional order. The Government provides statistical information showing that among the various forms of military service, conscripts are distributed as follows in 2010: 37,720 graduate soldiers, 36,814 regular soldiers and 25,654 “peasant” soldiers.

The Committee notes this information. It points out that, although when the Convention was in the course of adoption it was generally agreed that compulsory military service should remain beyond the scope of the Convention given the purpose and rationale for military service, conditions were nonetheless set so as to prevent military service from being diverted from its primary purpose and used to mobilize conscripts for the performance of public works or other tasks that are not purely military in nature. The Committee draws the Government’s attention to the fact that Act No. 48 of 1993 regulating the recruitment and mobilization service provides expressly in section 13 that “soldiers, and particularly graduate soldiers, in addition to their military training and the other obligations incumbent upon them as soldiers, shall receive instruction and carry on activities relating to furtherance of the wellbeing of the population and the conservation of the environment”. It is plain from this provision that compulsory military service is broader according to Colombia’s concept than the exception allowed by the Convention, and so fails to meet the condition laid down by the Convention for excluding military service from its scope, namely that work performed in the course of military service must be of a purely military character. In these circumstances, and in view of the fact that the statistics supplied by the Government show that there are more graduate soldiers than regular soldiers, the Committee again asks the Government to take the necessary steps to review all laws and regulations governing compulsory military service and bring them into line with the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2, subparagraph (a), of the Convention. Work exacted under compulsory military service laws. In its previous request, the Committee requested the Government to provide information on the performance of compulsory military service by graduates as auxiliaries in the National Prison Guards and Surveillance Service and to indicate the number of persons involved. It recalled that any service in virtue of compulsory military service is excluded from the application of the Convention in so far as the work performed is of a purely military character.

The Committee notes the information provided by the Government that 3,000 conscripts performed service in the National Prison Institute from December 2007 to December 2008. It also notes the duties assigned to these persons, which include guarding and inspecting prisoners, participating in educational activities and activities to promote social interaction among the prison population and participating in measures relating to the rehabilitation and reintegration of prisoners.

The Committee notes that, according to the Government’s indication in its report, the work exacted from auxiliary graduates produces “suitable, capable and well-prepared staff within the prison system”. However, such duties are not tasks of a purely military character and do not therefore come under the exception set out in Article 2(2)(a) of the Convention which exempts from its scope any work exacted in virtue of compulsory military service laws for work of a purely military character.

The Committee requests the Government to examine this situation in the light of the provisions of the Convention and to provide information on the measures taken or envisaged to bring the national legislation and practice relating to the work exacted from auxiliary graduates in the context of compulsory military service into conformity with the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 2(2)(a) of the Convention. Work exacted under compulsory military service laws. The Committee notes that graduates may perform their compulsory military service as auxiliaries in the National Prison Guards and Surveillance Service, and that the Directorate of Recruitment and Control of Army Reserves will forward the required quotas to the National Prison Institute for the selection that is made by the National Prison School (Decree No. 537).

The Committee requests the Government to provide information on this form of military service, with an indication of the number of persons involved, and recalls that any service in virtue of compulsory military service is excluded from the application of the Convention in so far as the work performed is of a purely military character.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Work of prisoners for private enterprises; consent and remuneration

In its earlier comments concerning the work of prisoners for private enterprises the Committee pointed out that such work could be compatible with the Convention only when it is performed in conditions approximating a free employment relationship; this necessarily requires a freely given consent of the persons concerned, as well as further guarantees and safeguards, such as normal wages and social security, etc.

The Committee notes with satisfaction a provision of section 62(10) of Agreement No. 011 of the National Penitentiary Institute, which stipulates that with regard to the work of prisoners for private enterprises, both profit-making or non-profit-making, it is necessary that a prisoner gives his/her voluntary consent to perform work or service, in conformity with the provisions of the ILO Conventions. By virtue of section 62(10), contracts concluded with private employers involving the use of prison labour must provide for compensation and a form of payment for prisoners. In no case the said remuneration may be inferior to the legally established minimum wage.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee takes note of the reports sent by the Government and of the promulgation in 1993 of a new Prison and Penitentiary Code (Act No. 65).

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 2. In its comments over a number of years, the Committee has referred to sections 269 and 233 of Decree No. 1817 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted but on all detainees except those declared medically unfit. The Government had indicated that the obligation to work imposed on detainees is merely a written legal form which has no practical application, since despite inmates' requests, the Ministry of Justice and the Directorate of Prisons cannot respond satisfactorily due to lack of means and human resources. The Committee notes, however, that section 86 of the new Prison and Penitentiary Code provides that detainees may be allowed to work individually or in groups for performing public, agricultural or industrial work under the same conditions as convicts, with the permission of the director of the penal establishment in question.

3. The Committee recalls once again that an obligation to work may only be imposed on persons convicted in a court of law. Imposition of an obligation to work by the administrative authorities or other non-judicial bodies is therefore not compatible with the Convention; prisoners awaiting trial or detained without trial may work on a purely voluntary basis, if they wish to do so (see paragraphs 90 and 94 of the 1979 General Survey on the abolition of forced labour). As section 86 of the new Code in its current form leaves open the possibility of imposing compulsory labour on detainees, in contravention of the Convention, the Committee requests the Government to ensure that the necessary measures are taken to amend this section so as to bring it into line with the Convention by expressly establishing the purely voluntary basis of prison work done by detainees.

4. In other comments that it has been making for some years, the Committee has referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration. The Committee notes that, under section 84 of the new Prison and Penitentiary Code, prisoners can work for private individuals and the conditions of employment, relating to the type of work, working time and remuneration, must be laid down in an employment contract. It also stipulates that compulsory work may be imposed on prisoners by order of the prison director, in accordance with the rules established by the National Penitentiary and Prison Institute (INPEC). The Committee also notes that section 87 empowers the director of any prison establishment to enter into agreements or contracts with private individuals or companies with the sole aim of providing work, education and recreation, and of maintaining the effective working of the establishment.

5. The Committee wishes to point out that work done by prisoners for the benefit of companies or private individuals cannot be compatible with the Convention unless the prisoners concerned have given their voluntary consent and provided that there are guarantees, such as normal wages, social security provision, etc. However, the Committee observes that there are currently no provisions in national legislation relating to the voluntary consent to work for private companies. Moreover, according to section 84 of the Code, work can be imposed on prisoners by order of the prison director, which is not compatible with voluntariness. The Committee therefore requests the Government to take the necessary measures to enshrine the principle that prisoners must give their voluntary consent to work for private individuals, and to inform it in its next report of any progress made in this regard.

6. The Committee also notes that section 86 provides that work done by prisoners shall be fairly remunerated. In order to allow it to assess the application of the Convention, the Committee requests the Government to indicate the type of remuneration paid to prisoners working for private companies and to provide copies of agreements that have been concluded between the private companies and prison establishments.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. Article 2, paragraph 2(a). In its previous comments, the Committee referred to the provisions of Act No. 1 of 1945 respecting compulsory military service, under which recruits can be assigned to civic military activities in order to provide assistance to economically weak sectors of the population in programmes such as the building of roads and bridges, the provision of medical services and the construction of houses and schools.

The Committee noted the Government's indications that civic military activities have the dual objective of creating an adequate infrastructure for the purposes of defence and at the same time of benefiting the community that will also make use of it.

The Committee points out once again that the only exception to this provision of the Convention is any work or service exacted in virtue of compulsory military service laws which is of a purely military character. The Committee once again requests the Government to take the necessary measures to ensure that the non-military work carried out by conscripts, whether voluntarily or as part of their training, is explicitly referred to as such in the legislation.

2. Freedom of workers in the service of the State to leave their employment. The Committee notes section 130 of Decree No. 1211 of 1990, the conditions of service of officers and non-commissioned officers in the armed forces; section 113 of Decree No. 1212 of 1990, the conditions of service of officers and non-commissioned officers in the national police, and section 77 of Decree No. 1213 of 1990, the conditions of service of officers in the national police, respecting applications to retire. The above provisions lay down that the retirement of the above persons is granted when, in the opinion of the competent authority, there are no reasons relating to national security or no special operational reasons requiring their continued service.

The Committee requests the Government to provide information on the criteria used by the competent authority as regards reasons of national security or special operational reasons referred to in the above provisions. The Committee also requests the Government to supply information on the time-limit set for the acceptance of applications to retire.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2, paragraph 2(c). Prison labour. In the comments that it has been making for a number of years the Committee has referred to Decree No. 18-17 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted (section 269), but on all detainees except those declared medically unfit (section 233). The Committee notes with satisfaction that the adoption of section 79 of the Prison and Penitentiary Code (Act No. 65 of 1993) which provides for an obligation to work in prison establishments only for persons who have been convicted.

Work for private enterprises. In its previous comments on the work undertaken by prisoners for private individuals and enterprises, the Committee indicated that such a labour relationship may be compatible with the Convention in so far as it may be regarded as a free employment relationship, that is to say, if those concerned have freely given their consent, provided that there are appropriate guarantees, such as the payment of normal wages, social security, etc.

The Committee notes that section 84 of the Prison Code referred to above provides that the work contract cannot be concluded between the prisoner and private individuals, who have to conclude it with the administration of each prison centre or with the company "Renacimiento" (a mixed economy company which is to be established by virtue of section 90 of the above Code for the purpose of producing and marketing goods and services produced in prison centres, in which the national Government will hold more than 50 per cent of the share capital). Section 84 provides that "work may be undertaken in prison centres by order of the director of the establishment to the prisoners ...". Section 87 empowers the director of each establishment to "conclude agreements or contracts with public or private law persons or entities ... with a view to assuring work ...".

With regard to the work undertaken by prisoners for private enterprises, whether or not they are profit-making, the Committee notes that the Code contains no provisions establishing that prisoners must be able to give their consent freely to the relationship, in accordance with the Convention.

The Committee notes the agreements concluded (before the adoption of the new Prison and Penitentiary Code) between a number of private enterprises and prison establishments, which were supplied by the Government. The Committee notes that the remuneration agreed between prison centres and private entities is from 20 to 50 per cent less than the statutory minimum wage. In one case, the remuneration envisaged corresponded to the statutory minimum wage. The Committee considers that in cases in which remuneration is not only lower, but considerably lower (50 per cent) than the statutory minimum wage, the relationship clearly cannot be regarded as a free employment relationship and requests the Government to take the necessary measures to ensure that the remuneration conditions of prisoners who work for private enterprises are similar to those of free workers.

The Committee requests the Government to supply information on the application in practice of the provisions respecting work by convicted persons, and particularly the measures established to ensure that they freely give their consent to work for private enterprises. The Committee also requests the Government to supply a copy of the regulations adopted under section 86 of the Prison Code, which determine the social protection of prisoners, and to provide information on the operation of the mixed economy company "Renacimiento" (section 90 of the above Code).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Article 2, paragraph 2(c), of the Convention. In comments that it has been making for some years, the Committee has referred to Decree No. 1817 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted (section 269) but on all detainees except those declared medically unfit (section 233).

The Committee noted from the information supplied by the Government that a special committee had been set up to amend the Prison Code so as specifically to prohibit the imposition of work on detainees.

The Committee notes that in its latest report the Government repeats that the obligation to work imposed on detainees is merely a written legal form which has no practical application, for despite the inmates' requests the Ministry of Justice and the Directorate of Prisons cannot respond satisfactorily for lack of means and human resources; nearly 11,000 more jobs would be needed.

The Committee points out once again that, under the Convention, labour may be imposed only on prisoners who have been convicted in a court of law. Prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis (paragraph 90 of the 1979 General Survey on the Abolition of Forced Labour).

Since section 233 of the Prison Code in its present form provides for compulsory labour for detainees in contradiction with the provisions of the Convention on this point and since, in practice, according to the Government's indications, detainees are not obliged to work, the Committee requests the Government to take the necessary measures to amend sections 233 and 269 of the Prison Code so that the national law may be brought formally into consistency with the Convention and statutory effect be given to the practice referred to by the Government.

In comments that it has been making for some years, the Committee has referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration; the Committee has requested the Government to take the necessary measures to give statutory effect to the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship.

The Committee noted Decision No. 357 of 1986, a copy of which was supplied by the Government and which lays down regulations pursuant to section 281 of Decree No. 1817 of 1964 (the Prison Code) and sets out the organisational structure of prison labour.

Among the types of labour included in the organisation of prison labour is labour hired to private enterprise (section 1(d)). Section 3(4) of the Decision provides that the organisation and type of remuneration for labour hired to private enterprise shall be specified in the relevant agreement, but that in no case may remuneration be less than 50 per cent of the minimum monthly wage fixed by the national Government.

The Committee observes that prisoners' work for private contractors may be compatible with the Convention in so far as the labour relationship may be regarded as a free employment relationship, that is to say if those concerned have freely given their consent, provided that there are appropriate safeguards such as the payment of normal wages, social security, consent of the trade unions, etc. However, the Committee notes that the national legislation does not at present contain any provision to the effect that prisoners' work for private enterprise must be based on a freely consented to relationship. Furthermore, if private enterprise is allowed to pay prisoners wages below the legal minimum wage, the relationship cannot be regarded as a free employment relationship.

The Committee notes that the Government's report contains no information about the questions raised.

With a view to being able to satisfy itself that the Convention is being applied, the Committee asks the Government to supply copies of the agreements that have been concluded between private undertakings and prison establishments. Similarly the Committee hopes that measures to bring the law into conformity with practice will be adopted shortly, embodying the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship. The Committee asks the Government to report on the progress achieved to that end.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report does not contain information concerning the points raised in its previous direct request and it hopes that this information will be supplied in the next report.

1. Article 2, paragraph 2(a), of the Convention. The Committee has been referring for some years to the provisions of Act No. 1 of 1945 respecting compulsory military service, under which recruits can be assigned to civic military activities in order to provide assistance for the economically weak sectors of the population, in programmes such as the building of roads and bridges, the provision of medical services and the building of houses and schools.

The Committee noted the Government's indications that civic military activities have the dual objective of creating an adequate infrastructure for the purposes of defence and at the same time of benefiting the community that will make use of them.

The Committee points out once again that the only exception to this provision of the Convention is any work or service exacted in virtue of compulsory military service laws which is of a purely military character. The Committee once again requests the Government to take the necessary measures to ensure that the non-military work carried out by conscripts, whether voluntarily or as part of their training, is explicitly referred to as such in the legislation.

2. In its previous comments, the Committee referred to section 125 of Decree No. 89 of 1984, reorganising the career of officers and non-commissioned officers of the military forces, the full text of which has been forwarded by the Government with its last report. Under the above section, officers and non-commissioned officers of the military forces may apply for retirement from active service at any time and their application is granted where at the discretion of the competent authority there are no reasons of national security or special service reasons that require them to remain in service.

In order to assess the scope of section 125, the Committee requests the Government to indicate the criteria employed by the competent authority with regard to the "special service reasons" referred to in the provision. The Committee also requests the Government to supply information on the time-limits envisaged for the acceptance of retirement applications submitted by members of the armed forces.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 2, paragraph 2(c), of the Convention. In comments that it has been making for some years, the Committee referred to the Prison Code (Decree No. 1817 of 1964) which imposes compulsory labour not only on persons who have been convicted (section 269), but also on all other detainees except those declared medically unfit (section 233).

The Committee noted from the information supplied by the Government that a special committee had been set up to amend the Prison Code so as to specifically prohibit the imposition of work on detainees.

The Committee notes that the Government's report contains no information on this question.

The Committee recalls once again that under the Convention labour may be imposed only on prisoners who have been convicted in a court of law. Prisoners awaiting trial or persons detained without trial may work if they so wish on a purely voluntary basis (paragraph 90 of the 1979 General Survey on the Abolition of Forced Labour).

In view of the fact that section 233 of the Prison Code, in its current form, provides for compulsory labour for detainees, in contradiction with the provisions of the Convention on this point, and that, according to the Government's indications, in practice detainees are not obliged to work, the Committee requests the Government to take the necessary measures to amend sections 233 and 266 of the Prison Code so as to give statutory effect to the practice referred to by the Government.

2. In comments that it has been making for some years, the Committee referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration, and it requested the Government to take the necessary measures to give statutory effect to the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship.

In its report, the Government indicates that sections 41 and 42 of the Prison Code do not envisage the supplementary sentence of labour and that section 45 of the same Code abolished the penalty of hard labour.

The Committee however notes that section 269 of the Prison Code that is currently in force (Decree No. 1817 of 1964) lays down that "in all penitentiaries, prison colonies and prisons, sentences are accompanied by the obligation to work during the day ...".

The Committee notes Decision No. 357 of 1986, a copy of which was supplied by the Government, which issues regulations under section 281 of Decree No. 1817 of 1964 (Prison Code) and sets out the organisational structure of prison labour.

Among the types of labour included in the organisation of prison labour is labour hired to private enterprises (section 1(d)). Moreover, section 3(4) of the same Decision lays down that the organisation and type of remuneration for labour hired to private enterprises shall be set out in the respective agreement, but that in no case may remuneration be less than 50 per cent of the minimum monthly wage fixed by the national Government.

The Committee points out that work by prisoners for private enterprises is compatible with the Convention only so far as the labour relationship can be assimilated to a free employment relationship, that is, if the prisoners concerned have fully consented to it, provided that there are appropriate guarantees, such as the payment of normal wages, social security, consent of the trade unions, etc. The Committee notes that there is no provision in national legislation to the effect that prisoners' work for private enterprises must be based on a freely consented to relationship. Furthermore, where private enterprises are permitted to pay prisoners wages that are less than the minimum wage, their relationship cannot be considered comparable to a free employment relationship.

To be able to ascertain the observance of the Convention, the Committee requests the Government to supply copies of agreements that have been concluded between private enterprises and prison establishments. The Committee moreover hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with practice, by giving statutory effect to the principle whereby prisoners' work for private enterprises must be based on a freely consented to employment relationship. The Committee requests the Government to indicate the progress achieved to this effect.