Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the information supplied by the Government in its first and second reports and observes that it is taking a number of measures to abolish child labour. It notes with interest that on 25 July 2002 the Government signed a memorandum of understanding (MOU) with ILO/IPEC, which is to terminate on 24 July 2005. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. National policy to ensure the effective abolition of child labour. 1. Programmes of action. The Committee notes the projects undertaken by the Government in collaboration with ILO/IPEC, including the Programme for the elimination and prevention of child labour in the "peptima" small-scale mines in Colombia and the Programme on the prevention and elimination of domestic work by children in the households of others. With regard to the latter, the Committee notes the Government’s indication that the aim of this Programme is to affirm the rights of child domestic workers and to eliminate this form of work. Activities have been conducted in Bogota (Kennedy and Engativá) and Bucaramanga. The Committee notes that the programme’s target for 2004 is to withdraw 686 boys and girls under 18 years of age from work, including 478 under 14 years of age. Access to basic social services is also planned, in particular physical and mental health services and education. The Committee requests the Government to provide information on the results obtained, particularly as regards the number of children actually removed from domestic work as a result of the Programme on the elimination and prevention of domestic work by children in the households of others.

2. Committees for the elimination of child labour. The Committee notes that the Interinstitutional Committee for the elimination of child labour and the protection of working minors was established by Decree No. 859 of 26 May 1995. It further notes that the internal committee for coordination in the elimination of child labour and the protection of working minors was established by Resolution No. 00669 of 26 May 2000. The Committee requests the Government to provide information on the activities conducted by these two committees to eliminate child labour.

3. National plan for the elimination of child labour and the protection of young people’s labour (2003-06). The Committee notes that, according to the Government, it has adopted a National Plan for the elimination of child labour and the protection of youth labour. It notes that the National Plan is managed by the abovementioned Interinstitutional Committee under the responsibility of the Ministry of Social Protection and the Colombian Institute of Family Welfare and ILO/IPEC. Its objective is to prevent and eliminate the worst forms of child labour and determine the types of hazardous work that are prohibited for young people. The Committee requests the Government to provide information on the implementation of the National Plan and the results obtained, particularly as regards the effective elimination of child labour.

Article 2, paragraphs 1 and 4. 1. Scope of application. According to section 248 of the Minors’ Code, self-employment by minors is employment executed without a relationship of dependency and subordination. A minor wishing to carry out an activity on his or her own account must seek written authorization to work. According to section 238 of the Code, written authorization to work must be sought from the labour inspector or else the local authority, by the parents or, in the absence thereof, the family ombudsman. The Committee notes that the purpose of the abovementioned application procedure is to ensure better monitoring and hence better protection of young persons who are self-employed. It requests the Government to provide information on the application in practice of this procedure including statistics on the number of authorizations granted, the types of activity carried out by minors and the age of the minors.

2. Minimum age for admission to employment or work. (i) Specification of the age of 14 years. The Committee notes that upon ratifying the Convention, Colombia specified a minimum age of 14 years for admission to employment or work, under Article 2, paragraphs 1 and 4, of the Convention. The Committee requests the Government to indicate whether consultations were held with organizations of employers and workers in setting the minimum age at 14 years, and to provide any available information in this regard. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention which provides that each Member that has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization, information on its reasons for so doing.

(ii) "Associative" work. The Committee notes that according to section 250 of the Minors’ Code, the Government shall protect, encourage and promote "associative" work in which minors aged from 12 to 18 years participate as full members. This provision defines "associative" work as work done by any organization the statutory or de facto object of which is the production, processing, distribution or sale of goods, or the provision of services for the purposes of profit and solidarity for which all the members work. The Committee reminds the Government that according to Article 2, paragraphs 1 and 4, of the Convention, no child under the age of 14 shall be admitted to employment or work in any occupation whatever other than the exceptions allowed by the Convention. The Committee requests the Government to indicate the types of activity covered by "associative" work and to provide information on employment conditions in this type of work.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes that according to article 67(3) of the Constitution, education shall be compulsory from the age of 5 to 15 years and shall include at least one year’s pre-school education and nine years’ basic education. However, the minimum age for admission to employment or work specified by Colombia is 14 years. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age for completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning Minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140).

The Committee takes note of the "National survey on child labour - An analysis of the results of the survey on characterization of the population aged from 5 to 17 years in Colombia", conducted in November 2001 and published by ILO/IPEC at Bogotá and the National Department of Statistics (DANE) in 2003. According to the statistics in the survey, the proportion of children who both work and study is as follows: 4.8 per cent of children aged 5-9 years; 11.6 per cent of children aged 10-11 years; 14.6 per cent of children aged 12-14 years and 13.8 per cent of children aged 13-17 years. The Committee further notes that in its concluding observations on the second periodic report of Colombia in October 2000 (CRC/C/15/Add.137, paragraph 52), the Committee on the Rights of the Child expressed appreciation at the Government’s achievements in the field of education, but remained concerned at the high drop-out and repetition rates in primary and secondary school, and at the disparities in access to education between rural and urban areas. With regard to access to education, it expressed particular concern at the situation of children belonging to Afro-Colombian and indigenous groups, as well as those living in camps for the displaced. The Committee requests the Government to indicate how compulsory schooling is effectively monitored in practice. It also requests the Government to provide information on school enrolment and attendance rates.

Article 3, paragraph 3, and Article 6. Hazardous work and apprenticeship. The Committee notes that the national legislation regulates admission to employment or work in the case of hazardous activities and apprenticeship. Section 245 of the Minors’ Code prohibits minors (persons under the age of 18 - section 28) from being employed in jobs that involve exposure to risks to health or physical integrity. Section 245 lists the types of work prohibited for minors under 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. Section 81 of the Labour Code defines an apprenticeship contract as a contract whereby an employee undertakes to provide a service to an employer in return for which the employer provides the employee with the means of acquiring methodical and full vocational training in the craft or trade which the employee has been contracted to perform, for a specified period and for an agreed wage. According to section 82 of the Labour Code and section 3 of Decree No. 933 of 2003, persons 14 years of age who have completed their primary education or who show that they have knowledge equivalent to that standard may conclude an apprenticeship contract, in accordance with Article 6 of the Convention.

The Committee notes that under section 245(2) of the Minors’ Code, working minors over 14 years of age and under 18 years of age who are in technical training with the National Apprenticeship Service or in a specialized technical institute recognized by the Ministry of National Education or in an institution of the national system of family welfare authorized for the purpose by the Ministry of Labour and Social Security, or who obtain the occupational aptitude certificate of the National Apprenticeship Service (SENA), may be employed in the occupations specified in section 245(1). In order to be employed, minors must have authorization from the Ministry of Labour and Social Security, which will ensure that the activities may be performed with no serious risk to the health or physical integrity of the minor, who must have received appropriate training, and that security measures fully ensure the prevention of such risks. The Committee notes that under section 245(2), an apprentice of aged 14-18 years may, as part of the apprenticeship, perform hazardous work. The Committee reminds the Government that under Article 3, paragraph 3, of the Convention, national laws or regulations may, after the organizations of employers and workers concerned have be consulted, authorize hazardous work by young persons aged from 16-18 provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on the measure taken or envisaged to ensure that no minor under 16 years of age will be authorized to carry out any of the hazardous activities listed in section 245 of the Minors’ Code.

Article 7. Light work. Section 238 of the Minors’ Code provides that, exceptionally and in special circumstances determined by the family ombudsman, minors over the age of 12 years may be authorized to work in the conditions established by the Code. According to section 242(1) of the Minors’ Code, minors aged 12-14 years may work for only four hours a day on light work. According to section 161(1)(a) of the Labour Code, minors aged 12-14 years may work only four hours a day and 24 hours a week on light work. The Committee reminds the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit persons 12-14 years of age to be engaged in light work provided that it is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine not only the number of hours, but also the activities in which light work may be permitted and the conditions in which it may be undertaken. The Committee observes, however, that section 242(1) of the Minors’ Code and section 161(1)(a) of the Labour Code prescribe only the number of hours per day or per week during which light work may be permitted. The Committee requests the Government to provide information on the manner in which the requirements set in Article 7, paragraph 1, of the Convention are observed, namely: that the work is not liable to harm the child’s health or development; and is not such as to prejudice attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the capacity to benefit from the instruction received. It also asks the Government to indicate the activities in which light work by minors aged 12-14 years may be permitted, and to provide information on the working condition requirements.

Article 8. Artistic performances. The Committee notes that national laws and regulations do not appear to include provisions governing artistic performances. It reminds the Government that Article 8 of the Convention allows exemptions from the minimum age for admission to employment or work: after consultation with the organizations of employers and workers concerned, individual permits may be granted for such purposes as participation in artistic performances. Such permits must limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities.

Part V of the report form. Practical application of the Convention. The Committee notes from the statistical data in the National Survey on Child Labour - Analysis of the results of the survey on the characterization of the population aged from five to 17 years in Colombia, 225,000 children aged 5-9 years and 670,000 aged 10-14 years work. Child labour is concentrated in four sectors of economic activity: agriculture (36.4 per cent); commerce (32.7 per cent); industry (12.5 per cent); and services (11.7 per cent); other (6.6 per cent). Moreover, 51.5 per cent of boys and girls who work are not paid. A fairly high proportion work between 25 and 48 hours or more than 49 hours a week. The Committee further notes that in its concluding observations on the second periodic report of Colombia in October 2000 (CRC/C/15/Add.137, paragraphs 62-65), the Committee on the Rights of the Child expressed concern that economic exploitation remains one of the major problems affecting children in Colombia. It was also concerned at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation, particularly in the informal sector. It also showed concern at the situation of children working in coca leaf plantations. It expressed most particular concern for children who work or live in the street in order to survive and who require special attention because of the risks to which they are exposed. It recommended that the Government take effective measures to address the situation of children involved in hazardous labour, especially in the informal sector and coca leaf plantations. It further recommended strict enforcement of child labour laws, strengthening of the labour inspectorates and the imposition of penalties in cases of violation. In addition, it recommended that the Government adopt appropriate programmes and policies for the protection and rehabilitation of children living and/or working in the streets.

The Committee likewise expresses its deep concern at the situation of young children in Colombia who are compelled to work out of personal need. In this connection, it notes from the abovementioned statistical data that the child labour legislation appears difficult to enforce and that child labour is a problem in practice. The Committee therefore strongly encourages the Government to step up efforts gradually to improve the situation and asks it to continue to provide detailed information on the practical effect given to the Convention, such as statistical information on the employment of children and young persons by age group, extracts of the reports of the inspection services, particularly inspections in agriculture, including the sugar cane, coffee, melon and tomato sectors, and in domestic work.