Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Colombie (Ratification: 2005)

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

Article 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and the use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the measures taken by the country to combat the trafficking of children but expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking and at the unequal enforcement of the law.

The Committee notes the observations of the CUT, the CTC and the CGT, which allege that the trafficking of children, including for the purposes of commercial sexual exploitation and sexual tourism, remains prevalent in the country. The Committee also takes note of the observations of the IOE and ANDI, which refer to the integral national strategy to combat human trafficking 2007–12 as well as to the Inter-Institutional Committee to Combat Human Trafficking. The IOE and ANDI also highlight the measures undertaken by the Ministry of Labour to strengthen the capacity of labour inspectors with respect to labour migration, the socio-labour rights of working migrants, human trafficking and labour exploitation.

The Committee notes the Government’s detailed information concerning the various measures which have been taken by the Inter-Institutional Committee to Combat Human Trafficking concerning human trafficking prevention, assistance and protection, international cooperation, investigation and sanctioning. The Government also describes the initiatives undertaken by the Ministry of Labour, the Ministry of Education, the Ministry of National Defence and the Ministry of International Relations to prevent human trafficking. In addition, with respect to trafficking for the purpose of the sexual exploitation of minors, the Committee notes that a national police campaign was carried out that involved 167,650 persons and enterprises in the tourist industry, and that a National Strategy was elaborated for the prevention and eradication of the commercial sexual exploitation of children.

The Committee appreciates the Government’s continued measures to combat human trafficking and notes the Government’s information that, in 2013, the national police dismantled seven transnational criminal networks and one domestic human trafficking network and penalized 28 persons for human trafficking. The Committee notes, however, that most of the national efforts described in the Government’s report concern human trafficking, generally, and do not seem to contain specific provisions for the protection and removal of children. Moreover, the Committee notes the report from the International Organization for Migration (IOM) entitled “Migratory Panorama of South America 2012”, which indicates that Colombia remains one of the largest countries of origin in South America for human trafficking, including children. Recalling the unique vulnerability of children in these cases, the Committee requests the Government to continue to take measures to protect young persons under 18 years of age from commercial sexual exploitation and trafficking for that purpose.

Articles 3(d) and 4(1). Hazardous work. Child domestic labour. Further to its previous comment, the Committee notes with interest that the Government ratified the Domestic Workers Convention, 2011 (No. 189) in May 2014. The Committee also notes the Government’s reference to Resolution No. 0430 of February 2014, which establishes an internal working group specializing in the eradication of child labour. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect child domestic workers from hazardous work, including within the framework of the internal working group, and to provide information concerning the number of child domestic workers who have been removed from hazardous working conditions as a result of these measures.

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. Further to its previous comment, the Committee notes the observations of the CUT and the CGT which allege that children in the mining sector remain victims of exploitation and sexual abuse.

The Committee notes the Government’s information concerning the national mining policy under the Ministry of Mines, which aims to eradicate child labour in the mining sector by 2019. The Government also indicates that the Colombian Institute of Familiar Well-Being (ICBF) has taken several measures concerning children in the mining sector throughout the country. Finally, the Committee notes the Government’s reference to the collaborative project “We are Treasure” (Proyecto Somos Tesoro), 2013–17, with the US Department of Labor and the Ministry of Labour, Mines and Energy, which aims to reduce child labour in the mining industry and to generate public policies to combat child labour in the formal and informal mining sectors by, among others, enhancing the capacity of labour inspectors. The Committee requests the Government to continue to strengthen its efforts to combat chid labour in the mining sector and to provide information on the number of children removed from work in mines, rehabilitated and socially integrated pursuant to the Proyecto Somos Tesoro.

Clause (d). Identifying and reaching out to children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. The Committee notes, in this respect, the Government’s indication that the National Strategy to prevent and eradicate the worst forms of child labour (ENETI 2008–15) is being modified to reflect the results of a 2013 study and proposed protection plan concerning the labour market for afro-Colombian, indigenous and native islanders (raizales). The Committee requests the Government to provide information on the results of the ENETI 2008–15 modifications, including statistical information concerning the number of children of ethnic minorities who have been removed from the worst forms of child labour under the strategy.