Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Colombia (Ratificación : 2005)

The Committee notes the Government’s first and second reports and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child Labour. Clause (a). Sale and trafficking of children. The Committee notes that section 188-A(1) of the Penal Code, as amended by Act No. 985 of 2005, provides for penalties to be imposed on anyone found guilty of procuring, transporting, receiving or accommodating a person, inside or outside national territory, for the purposes of exploitation. Under section 188-A(2), exploitation includes, in particular, obtaining financial gain or any other benefit, for oneself or for another person, by exploiting the prostitution of another person, through forced labour or services, slavery or similar practices, bondage, the exploitation of begging by another person, sex tourism or other forms of exploitation. Under section 188-A(3), consent given by a victim of trafficking cannot be considered as grounds for exoneration from criminal liability.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of February 2007 on the report by Colombia (CEDAW/C/COL/CO/6, paragraphs 20 and 21), expressed concern at the scale of the problem of the trafficking of women and girls in the country, including for sex tourism or economic exploitation. It recommended that the Government intensify its efforts to combat all these forms of trafficking. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 on the third periodic report by Colombia (CRC/C/COL/CO/3, paragraphs 86 and 87), welcomed the measures taken by the country to combat the trafficking of children, in particular the reinforcement of the Penal Code. However, the Committee expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking, the unequal enforcement of the law and the deficiencies in the campaign against trafficking in the country. It recommended the Government, in particular, to adopt the necessary measures and implement them effectively in order to ensure equal enforcement of the law.

Finally, the Committee notes that, according to the information available to the Office on the ILO/IPEC project entitled “Prevention and elimination of child domestic labour and of commercial sexual exploitation of children in Chile, Colombia, Paraguay and Peru”, which ended in December 2007, the trafficking of children under 18 years of age, particularly for sexual exploitation, exists in Colombia. The Committee expresses great concern with regard to the convergence of information confirming the existence of the trafficking of children in the country, which appears to be on a substantial scale. The Committee therefore requests the Government to step up its efforts to ensure the protection of young persons under 18 years of age against the sale and trafficking of children for sexual and economic exploitation. In this regard, it requests the Government to supply information on the practical application of section 188-A of the Penal Code, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes that, under sections 213 and 214 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, which amends certain provisions of the Penal Code relating to offences of sexual abuse (Act No. 1236 of 23 July 2008), anyone who, with the intention of financial gain or to satisfy the desires of another person, incites or obliges a person to engage in prostitution will be penalized. It also notes that section 217 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, lays down penalties for anyone who provides, rents, maintains, manages or finances a house or establishment for sexual acts involving minors.

The Committee notes that, according to the information contained in two ILO/IPEC studies published in 2006 and 2007, namely “Commercial sexual exploitation of boys, girls and young persons in Colombia” and “The demand side of the commercial sexual exploitation of adolescents: Qualitative study in South America (Chile, Colombia, Paraguay and Peru)”, respectively, young persons under 18 years of age – both girls and boys – are the victims of commercial sexual exploitation. Using them for prostitution is the most common form of sexual exploitation in the country. According to these studies, even though the national legislation contains provisions incriminating the use, procuring or offering of a child for prostitution, its application in practice is not effective. The Committee also notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), the CRC expressed concern at the high and rising number of children who are the victims of sexual exploitation and at the statement that these children risk being regarded as criminals. The Committee recommended, in particular, that the Government adopt and implement the necessary measures to ensure the effective enforcement of the law and the avoidance of impunity.

The Committee is concerned at the statement that a large number of children are the victims of commercial sexual exploitation in the country, particularly prostitution, and risk being regarded as criminals. It therefore requests the Government to adopt immediate and effective measures to ensure that sections 213, 214 and 217 of the Penal Code, which prohibit the use, procuring or offering of a child for prostitution, are applied in an effective manner in practice. The Committee requests the Government to supply information in this regard, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims and not as criminals. Finally, the Committee requests the Government to indicate whether their national law contains provisions incriminating the client in cases of prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, under section 382 of the Penal Code, the production and trafficking of drugs or other illicit or psychotropic substances are prohibited and subject to penalties. It also notes that, under section 384 of the Penal Code, using a child to commit a crime covered by section 382 constitutes an aggravating circumstance with regard to the penalty imposed. The Committee points out that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 88), noted with deep concern that drugs manufactured in Colombia and exported from the country have a harmful impact on children engaged in the picking of coca leaves (raspachines) and also those forced or lured into trafficking drugs, including within their bodies (“mules”). The Committee is concerned at the information to the effect that children are being used for picking coca leaves and being forced into trafficking drugs. It therefore requests the Government to take the necessary steps to ensure the enforcement in practice of sections 382 and 384 of the Penal Code, which prohibit and penalize the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, and to supply information in this regard.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Child domestic labour. The Committee notes with interest the adoption of resolution No. 1677 of 20 May 2008 which determines the activities considered as the worst forms of child labour or as hazardous work and the activities whose working conditions are harmful to the health, safety or morals of persons under 18 years of age. It duly notes that this resolution contains a detailed list of the types of hazardous work prohibited to boys, girls and young persons under 18 years of age. It notes in particular that section 2(10.2) of the resolution prohibits the employment of children at the homes of third parties, in domestic service or in cleaning, washing or ironing. The Committee notes that, according to the statistics for 2004 contained in the reports on the ILO/IPEC project on child domestic labour and the commercial sexual exploitation of children, more than 60,000 children are engaged in domestic labour in the country, most of them girls. In view of the statistics which demonstrate the existence of child domestic labour in practice, the Committee requests the Government to take steps to ensure that any persons who use young persons under 18 years of age for domestic labour and employ them in hazardous work are prosecuted and effective and deterrent penalties are imposed on them. It request the Government to supply information in this regard.

Article 6. Programmes of action. The Committee notes the drawing up of the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, involving various government bodies and employers’ and worker’ organizations. It also notes that the National Strategy aims to drastically reduce child labour between 2008 and 2015. National programmes and projects for the prevention and elimination of the worst forms of child labour will be formulated and implemented. Among other things, they will be aimed at boys, girls and young persons who are the victims of sexual exploitation or who are engaged in prohibited work in small-scale mining, commercial agriculture or street trading. The objective will be to remove these children from these worst forms of child labour and provide them with education and their families with social services so that the children concerned do not return to these worst forms of child labour. The Committee requests the Government to supply information on the implementation of national programmes and projects on the prevention and elimination of the worst forms of child labour, specifically those covered by the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, and on the results obtained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 76 and 77), noted that free education for nine years in school is a constitutional right. However, school fees are imposed on parents who can afford to pay and this has lead to a discriminatory educational system, characterized by arbitrary fees and social exclusion. Among other things, the CRC recommended that the Government:

(a)   develop a national education strategy based on the rights of the child;

(b)   increase efforts to eliminate discrimination in access to education by ensuring the actual abolition of enrolment fees and other costs in order to counteract high dropout and low completion rates;

(c)   provide further resources and conduct prior consultations with indigenous communities in order to design and effectively provide them with bilingual and culturally sensitive education;

(d)   effectively monitor discrimination against female students who are expelled on grounds of pregnancy;

(e)   put an immediate stop to the occupation and use of schools by the national armed forces; and

(f)    refrain from involving children in any military activities.

The Committee notes that, according to data for 2005 from the UNESCO Institute of Statistics, the primary-school enrolment rate is 90 per cent for both girls and boys and, at secondary level, 64 per cent for girls and 58 per cent for boys. The Committee notes the detailed information provided by the Government on the measures taken in the field of education. Despite the Government’s efforts, the Committee expresses its concern at the secondary-school attendance rate, which is relatively low. It notes that, in the context of implementing the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, educational measures will be adopted. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the functioning of the education system, particularly by increasing the secondary school attendance rate and reducing the school dropout rate, with particular attention paid to girls. It requests the Government to supply information on the results obtained.

Clause (b). Assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while noting with satisfaction the measures adopted by the country to combat the sexual exploitation and trafficking of children, expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking. The CRC recommended that the Government: (a) undertake further in-depth studies on the sexual exploitation of children in order to assess its scope and root causes and enable effective monitoring and measures to prevent, combat and eliminate it; (b) provide adequate programmes of assistance and reintegration for children who have been the victims of sexual exploitation and trafficking.

The Committee duly notes that, according to the information available to the Office on the ILO/IPEC project on child domestic labour and commercial sexual exploitation of children which ended in December 2007, some 220 children, both girls and boys, were affected by the project in the cities of Bogotá and Medellín. Furthermore, a large number of children have benefited from this project through the provision of services such as nutrition, legal advice or psychological assistance. The Committee also duly notes the adoption of the “National Action Plan for the prevention of the commercial sexual exploitation of boys, girls and young persons under 18 years of age (2006–11) (ESCNNA)”. The Committee strongly encourages the Government to continue its efforts to combat commercial sexual exploitation and requests it to supply information on effective time-bound measures taken, particularly in the context of ESCNNA, to remove children from this worst form of child labour. Moreover, the Committee requests the Government to supply information on planned economic alternatives and also on steps taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

2. Child labour in small-scale mining. The Committee duly notes the information communicated by the Government on the programmes for the support of families living in remote rural areas. In this regard, it notes in particular that these programmes have enabled the Colombian Family Welfare Institute (ICBF) to remove a number of children from small-scale mines. The Committee also notes that, with regard to 2008, projects will be implemented in 27 municipalities where child labour in small-scale mines exists. The Committee requests the Government to supply information on the time-bound measures taken, in the context of projects for families who live in remote rural areas, to remove children from small-scale mines. It also requests the Government to provide information on specific measures taken to ensure the rehabilitation and social integration of any children removed from small-scale mines.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 84 and 85), the CRC noted with concern that the country has a very high number of street children, including more than 10,000 in Bogotá according to official estimates, owing in particular to socio-economic factors and the internal armed conflict. Among other things, the CRC recommended that the Government:

(a)   carry out a comprehensive study to assess the scope, nature and causes of the presence of street children and youth gangs (pandillas) in order to develop a comprehensive prevention strategy;

(b)   provide street children with rehabilitation and social reintegration services, particularly though preventive awareness-raising activities, taking due account of gender aspects, and with decent nutrition and housing, essential medical care and educational opportunities; and

(c)   develop a policy for family reunification where possible and in the best interests of the child.

The Committee expresses concern at the large number of street children and reminds the Government that these children are particularly vulnerable to the worst forms of child labour. It therefore encourages the Government to adopt effective and time-bound measures to protect street children from the worst forms of child labour and requests it to supply information on the measures taken in this regard. The Committee also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of children who have actually been taken off the streets.

2. Children belonging to indigenous and minority groups. The Committee notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 94 and 95), the CRC welcomed the legislative measures taken to recognize ethnic diversity, autonomy and collective land rights of minorities, in particular the Afro-Colombian and indigenous peoples. However, the CRC noted that in practice the above groups face serious challenges and obstacles to the enjoyment of their rights. In particular, the CRC is concerned at the threats against indigenous leaders, the over-representation of ethnic minority children among those displaced, victims of landmines and those recruited by force by illegal armed groups. The Committee notes with concern that, despite positive action measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. Noting that children belonging to indigenous and minority groups, such as the Afro-Colombian people, are often victims of exploitation, which takes on a great variety of forms, and are a group at risk of being involved in the worst forms of child labour, the Committee requests the Government to take the necessary steps to protect these children, particularly by adopting measures to reduce their vulnerability. To this end, it particularly requests the Government to take measures to ensure the effective exercise of the rights of children belonging to indigenous and minority groups, particularly in the area of education.

3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4, paragraph 1, of the Convention, the Committee notes that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. The Committee urges the Government to adopt effective and time-bound measures to protect these children, particularly against economic and sexual exploitation, and requests it to supply information on the measures taken.

Article 8. Enhanced international cooperation. The Committee notes that Colombia is a member of Interpol, an organization which assists cooperation between the countries of different regions, particularly in the fight against child trafficking. It also notes the drawing up of the National Development Plan
(2006–10), which aims in particular to reduce poverty and reduce child labour from 7.2 per cent to 5.3 per cent. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on the implementation of the National Development Plan (2006–10) and the results achieved.

Parts IV and V of the report from. Application of the Convention in practice. The Committee notes the statistics on child labour for 2005 from the National Department of Statistics supplied by the Government in its report. It notes that, according to the statistics, 1,058,810 children between 5 and 17 years of age (709,321 boys and 349,489 girls) are working in the country. The main areas of child labour are agriculture (393,058), trade (338,985), industry (132,842), services (92,030), transport and communications (46,418), construction (27,198), real estate (19,544), mining and quarrying (8,733) and other activities (52). The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 82), expressed concern at the high number of child victims of economic exploitation, who are estimated to exceed 1.5 million and the majority of whom work under dangerous or degrading conditions, particularly in mining or as agricultural labourers in coca plantations. The Committee notes that these data are principally concerned with hazardous work, one of the worst forms of child labour, but do not relate to the other worst forms, such as the sale and trafficking of children or their recruitment for armed conflict, prostitution or illicit activities. The Committee therefore requests the Government to consider the possibility of undertaking a comprehensive evaluation of these worst forms of child labour in order to have an overview of the extent of child labour, and of its worst forms, in the country. It requests the Government to supply information in this regard.