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

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

Other comments on C138

Observation
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Direct Request
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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 1 of the Convention. National policy and application of the Convention in practice. In its previous comment, 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)” (ENETI 2008–15), drawn up in cooperation with ILO–IPEC and UNICEF. It also noted the CTC’s and CUT’s observations that the national policy to eliminate child labour is not effective, because the subsidies offered in the policy are not sufficient to remove these families from poverty. The Committee noted the Government’s information that, under the National Development Plan 2010–14, regional competent authorities committed themselves to giving priority to projects targeting children and adolescents involved in child labour. Finally, it noted the Government’s indication that the next statistics on child labour would be included in the household-based survey of the fourth trimester of 2009 and results would be available in the second trimester of 2010.
The Committee notes the recent observations submitted by the CUT and the CGT, which allege that child labour remains a serious problem in practice in the country, in particular in areas of poverty and in the informal economy. In addition, the Committee notes the CUT’s reference to the results of the national child labour statistics (ENTI) of 2013 which, the CUT indicates, do not capture the real measure of child labour in the country because certain sectors of the economy in which child labour is the most prevalent, such as agriculture, mining and commerce, were not properly measured. Finally, the Committee notes the observations of the IOE and ANDI, which reference the statistics provided in the ENTI and indicate: (i) that child labour has diminished from 13 per cent in 2011 to 9.7 per cent in 2013, (ii) that the Government has identified and removed 445,994 children from child labour, ahead of its goal of 304,500 children, and (iii) that it had increased the capacity of its officials and committees on the eradication of child labour.
The Committee notes the information in the Government’s report concerning measures it has taken to ensure the effective application and implementation of the ENETI 2008–15, including the training of 2,700 officials in 2013 and, thus far, 590 officials in 2014, as well as the establishment of 514 committees on the eradication of child labour (CETI), covering over 50 per cent of the national territory. Further, in view of the impending termination of the ENETI 2008–15, the Government indicates that the National Planning Department (DNP) had conducted an evaluation of the strategy’s implementation to be considered in redesigning a national policy for the next ten years. The Committee further notes the Government’s reference to the Network for a Child Labour Free Colombia, which involves ILO assistance and works with the Ministry of Labour to contribute to the prevention and eradication of child labour in enterprises.
The Committee also notes the Government’s statistical information concerning child labour, as well as its information concerning the new methods of measuring child labour, which were developed in 2011 and which have been incorporated into the integrated household surveys carried out by the National Administrative Department of Statistics (DANE). The Government indicates that, owing to this new methodology, it is not accurate to compare the child labour statistics contained in the 2009 household survey (1,050,147 children, or 9.2 per cent) to the results contained in the 2011 household surveys (1,465,031 children, or 13 per cent). Rather, the Government indicates that the results of the 2011 through 2013 household surveys, utilizing the same methodology, demonstrate that child labour has decreased from 1,465,031 children (13 per cent) in 2011 to 1,160,000 (10.2 per cent) in 2012 and to 1,091,000 (9.7 per cent) in 2013. The Committee also notes the Government’s indication that it intends to further reduce child labour to 6.2 per cent by 2014. The Committee takes due note of the Government’s efforts to reduce child labour progressively. Noting the Government’s indication that the ENETI 2008–15 will be redesigned to formulate a new ten-year national policy, the Committee requests the Government to take the necessary measures to ensure that the new policy is adopted. The Committee also requests the Government to continue to provide updated statistical information on the employment of children and young persons, as well as any labour inspection reports.
The Committee is raising other matters in a request addressed directly to the Government.
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