Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

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

The Committee notes the Government’s report. It also notes the comments of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 30 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee observed that, despite the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation and the measures taken by the Government to address the issue of forced recruitment of children for use in armed conflict, children were still being forced to join illegal armed groups or the armed forces.

The Committee notes the CTC’s and CUT’s comment that one of the reasons why the forced recruitment of children for use in armed conflict continues is that no dissuasive penalties have been inflicted on offenders. Moreover, enforcement agencies lack the necessary training as regards both the human rights of child victims of forced recruitment in armed forces and the protection that should be afforded by the State to children separated from illegal armed groups. The CTC and CUT also underline that dialogue with illegal armed groups to stop recruiting children under 18 years in armed conflict and to demobilize those currently recruited, is lacking.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 28 August 2009 (S/2009/434) (report of the Secretary-General), the Government of Colombia has adopted extensive measures to prevent the recruitment of children (such as developing an “early warning system” for monitoring imminent risks of violations of human rights and creating an inter-sectoral commission for the prevention of recruitment and use of children by illegal armed groups) and reintegrate former child victims of forced recruitment in illegal armed groups into their communities (paragraphs 52–72). Despite these measures, in the reporting period
(January–December 2008) illegal armed groups continued to recruit children for use in armed conflict. For example, in January 2008 a 16-year old child was recruited by the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC–EP) in Tame, department of Arauca; in May 2008, 40 members of the FACR–EP, half of them between 13 and 17 years of age, were seen in the department of Cauca; between February and March 2008, three 15-year-old indigenous girls were recruited by FARC–EP, two in Toribió, department of Cauca and one in the rural area of Pasto, department of Nariño. In August 2008, seven children who had been members of the Ejercito de Liberación Nacional (ELN) surrendered to the army in Cumbal, Nariño. Moreover, the illegal armed groups that emerged after the demobilization of the Autodefensas Unidas de Colombia (AUC) (such as Autodefensas Campesinas Nueva Generación, Aguilas Negras and Ejército Revolucionario Popular Antiterrorista de Colombia) reportedly continued to recruit children. Furthermore, both FARC–EP and ELN continued child recruitment campaigns in schools (paragraphs 15–22). In addition, some members of the armed forces continued to use children for intelligence activities. In February 2008, it was reported that the national police used a
12-year-old boy as an informant; the boy received death treats from FARC–EP and was eventually killed by an unidentified assailant (paragraph 23). It was also reported that, as a result of their forced recruitment for use in armed conflict, children suffered from serious violations by illegal armed groups and some individual members of the state forces, such as murder, injuries, abductions, rapes and other forms of sexual violence (paragraphs 27–51). Cases of children killed by FARC–EP and ELN were reported in the departments of Antioquia, Arauca, Guaviere, Huila, Meta, Nariño, Putumayo and Valle del Cauca. Cases were also reported of children being killed for refusing to join the illegal armed groups (paragraphs 27–29). Moreover, according to the Attorney-General’s Office, as of November 2008, among the 50 cases of extrajudicial executions under investigation, there are 51 child victims. In October 2008, a transitional commission was established to carry out an administrative investigation and to analyse the problem of extrajudicial executions: as a result, the President decided to dismiss 27 national army officers from service (paragraphs 34–35).

The Committee notes that, according to the report of the Secretary-General, estimates of the number of children participating in illegal armed groups range from 8,000 according to the Ministry of Defence, to 11,000 according to non‑governmental sources. As of December 2008, the Special Investigative Unit for Women, Adolescents and Children within the Attorney-General’s Office conducted investigations in 141 cases involving 634 child victims – 485 boys and 149 girls. Three guilty verdicts were handed down as of December 2008. Moreover, within the framework of the Justice and Peace Act No. 975 of 2005 (the law under which the members of demobilized self-defence groups are brought to trial), 2,133 child victims were identified. Out of the 3,284 former members of AUC who currently participate voluntarily in the depositions provided for by the Justice and Peace Act, 23 so far have confessed to the recruitment and use of a total of 654 children within their ranks, and the Attorney‑General’s Office is verifying 366 additional cases. However, less than 400 children were handed over in the collective demobilizations of AUC. According to the report of the Secretary-General, despite those positive advances, impunity for grave violations against children, as well as obtaining consolidated information and following up on convictions and proceedings, remain major challenges in Colombia (paragraphs 59–61).

The Committee observes that, despite the further measures taken by the Government, children are still being forced to join illegal armed groups. It once again expresses its deep concern at the persistence of this practice, especially as its leads to other grave violations of the rights of children, such as murder, sexual violence or abduction. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop in practice to the forced or compulsory recruitment of children for use in armed conflict and proceed with the full and immediate demobilization of all children. With reference to Security Council resolution 1882 of 4 August 2009, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee once again urges the Government to ensure that thorough investigations and robust prosecutions of offenders are undertaken and that sufficient effective and dissuasive penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests the Government to supply information in this regard.

Article 6. Programmes of action. Inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups. The Committee notes the Government’s information that the inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups was created by Decree No. 4690 of 2007. It is in charge of coordinating the actions of ten governmental institutions, each of which has responsibilities in prevention and recruitment. The Committee notes that, according to the report of the Secretary-General, as a result of the technical support provided by the inter‑sectoral commission in 50 municipalities in 26 departments, 40 municipalities and two departments adopted specific action plans to prevent child recruitment by illegal armed groups (paragraph 65). The Committee requests the Government to provide information on the implementation of the plans of action adopted to prevent the forced recruitment of children for use in armed conflict following the intervention of the inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Child soldiers. The Committee previously noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113 to 120), positive efforts were made by the Government in the demobilization of combatants from the AUC. It noted that 3,326 children previously associated with illegal armed groups benefited, through the Colombian Family Welfare Institute (ICBF), from the government initiative to prevent the recruitment of children by armed groups and reintegrate them into their communities.

The Committee notes the CTC’s and CUT’s observation that, notwithstanding the significant efforts of the ICBF to protect children separated from illegal armed groups, the programme should extend its geographical coverage. Moreover, the collaboration of the health, education, justice and labour sectors with the ICBF should be strengthened. Measures and strategies at the national level to adequately reintegrate child victims are lacking, especially as regards programmes aimed at promoting access to education for former child victims thus ensuring that their needs are taken into account and that they stay in schools or have access to vocational training programmes. Psychological assistance to child victims is also lacking.

The Committee notes that, according to the report of the Secretary-General, as of December 2008, the programme launched by ICBF assisted 3,876 children separated from illegal armed groups, of whom 2,146 were separated from FARC–EP, 1,042 from AUC, 538 from ELN and 150 from other groups. Of that number, 73 per cent were boys and 27 per cent were girls. During the reporting period (January–December 2008) the ICBF data indicates that a total of 314 children were separated from FARC–EP, 65 from ELN and 13 from the Ejército Revolucionario Guevarista. In addition, 23 children were separated from other groups, including the Autodefensas Campesinas Nueva Generación, Aguilas Negras and Rastrojos. In August 2008, the Ejército Revolucionario Guevarista handed over seven children to the ICBF. The number of children separated from illegal armed groups was greater in 2008 than in 2006 and 2007
(paragraphs 67–70). The Committee notes that, according to the report of Colombia of 21 October 2009 submitted under article 8 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/COL/1), the model implemented by ICBF for the protection of children and young persons demobilized from illegal armed groups was strengthened between 1 June 2006 and 31 May 2007 and now involves four distinct phases: identification and diagnosis, treatment, consolidation, and monitoring and follow-up. Each of the four phases entails specific action to restore rights through assistance provided through transition homes, specialized care centres, juvenile centres, foster families or family-based support systems. As of 30 June 2008, 516 children were in this programme (paragraphs 258–264). The Committee strongly encourages the Government to continue its efforts to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to continue to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of these measures.

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