Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 30 August 2017, those of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017, as well as those of the General Confederation of Labour (CGT), received on 31 August 2017.

Article 3(a) and (b) of the Convention. Sale and trafficking of children for commercial sexual exploitation and use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted the measures adopted by the country to combat the trafficking of children, but expressed concern at the increase in the already high number of children who are victims of sexual exploitation and trafficking and at the unequal enforcement of the law. It noted the observations of the CUT, CTC and CGT according to which the trafficking of children, including for the purposes of commercial sexual exploitation and sex tourism, remained very predominant in the country. The Committee noted the various measures taken by the Inter-Institutional Committee to Combat Human Trafficking in the fields of prevention, assistance and protection, international cooperation, investigation and penalties. The Government described the initiatives taken by the Ministry of Labour, the Ministry of Education, the Ministry of National Defence and the Ministry of International Relations to combat this practice. However, it noted that most of the national efforts described in the Government’s report were related to trafficking in persons in general, and did not seem to include specific measures for the protection and removal of children of such situations. The Committee also noted that Colombia was, in South America, the country of origin of the largest number of victims of trafficking, and particularly children.

The Committee notes the indications of the CTC and the CUT that 7.1 per cent of persons working as prostitutes started to exercise this activity before the age of 15 years, and that 17.4 per cent of them started between the ages of 15 and 17 years. The Committee also notes the indication of the CGT that the measures taken and the laws adopted by the Government have not been effective, as a significant number of children continue to be the victims of sexual exploitation.

The Committee notes the Government’s indication in its report that the Colombian Family Protection Institute (ICBF) has adopted numerous measures to restore the rights of children and young persons who are victims of commercial sexual exploitation. Among the measures taken, the ICBF has collaborated with the Ministry of Labour, the tourist police and other state bodies for the implementation of the National Strategy to Prevent the Sexual Exploitation of Children and Young Persons in the context of tourism, the objective of which is to raise awareness of the various actors in the tourism sector to prevent the crime of commercial sexual exploitation of children and young persons. The ICBF has also prepared and published a document entitled “Analysis for the development of a public policy to combat the commercial sexual exploitation of children and young persons in Colombia – 2015”, with the aim of undertaking an analysis of the situation which is as close as possible to reality. The Government indicates that this analysis will help to identify the causes of the commercial sexual exploitation of children and to develop measures for its prevention. The Government adds that the ICBF has developed a strategy for cases to be followed up by the Anti-Trafficking Operational Centre (COAT) and that a matrix has been developed to ensure traceability and follow up to each case of trafficking, including cases of the sexual exploitation of children. The Committee further notes the establishment of a hotline for the prevention and surveillance of sexual violence. The Government reports that, through this hotline, 175 reports were received of cases of commercial sexual exploitation and 23 reports of trafficking for sexual exploitation in 2015. The Committee also notes that ten working sessions were held in 2016 with, among other participants, the ILO and UNICEF, to develop a public policy for the prevention and eradication of commercial sexual exploitation of children and young persons. The Committee further notes the adoption of Decree No. 87 of 2017 regulating the operation of the Fund to Combat the Sexual Exploitation of Children and Young Persons under the responsibility of the ICBF. Finally, the Government indicates that the process of development of a public policy to prevent and eradicate the commercial sexual exploitation of children and young persons (ESCNNA) advanced significantly at the end of 2016 and the beginning of 2017. The Committee notes the efforts made by the Government and requests it to continue taking measures to protect young persons under 18 years of age against commercial sexual exploitation and trafficking for this purpose. It also requests the Government to provide information on the results achieved further to the programme “Analysis for the development of public policy to combat the commercial sexual exploitation of children and young persons in Colombia – 2015”. The Committee further requests the Government to indicate the progress achieved in the development of the ESCNNA and to provide detailed information on its content once the public policy has been adopted.

Articles 3(a) and 7(1). Forced recruitment of children for use in armed conflict. Penal sanctions. In its previous comments, the Committee expressed deep concern that, despite the prohibition by the national legislation of the forced or compulsory recruitment of children for use in armed conflict and the measures taken by the Government to combat this practice, children were still being forced to join illegal armed groups. It noted the observations of the CTC and the CUT concerning the lack of dissuasive penalties that could be imposed on the perpetrators of such crimes and the lack of training of those responsible for law enforcement. It noted the many cases of recruitment of children by the Revolutionary Armed Forces of Colombia – People’s Army (FARC–EP) and the National Liberation Army (ELN). The Committee also noted the creation of the Inter-Sectoral Commission for the Prevention of the Recruitment and Use of Children by Armed Groups (Inter-Sectoral Commission) to prevent armed groups from recruiting and using children and committing acts of sexual violence against them. The International Organisation of Employers (IOE) and the National Association of Employers of Colombia (ANDI) also indicated that the ICBF had provided assistance for 5,000 child victims who had escaped from armed groups.

The Committee also previously noted the Government’s information that 2,641 investigations concerning illegal recruitment of children had been carried out in 2013, of which 1,849 remained in course. The Government indicated that between 2013 and 2014, the Office of the Attorney General received 189 reports concerning cases of recruitment and use of children in armed conflict and sexual violence. With regard to the measures taken to improve investigations and convictions of those responsible for these crimes, the Government indicated that the “technical secretary” of the Inter-Sectoral Commission had made the sentencing of cases of illegal recruitment of children automatic, at the national level. In May 2014, the “technical secretary” imposed penalties in 54 cases of illegal recruitment of children, including five cases involving 511 victims.

The Committee notes with interest the final agreement to bring an end to the conflict in Colombia and to build a stable and lasting peace (Final Peace Agreement) concluded on 24 November 2016 between the Government and the FARC–EP, and approved by the Senate and the Chamber of Representatives on 29 and 30 November 2016. However, it notes that the Government’s report does not contain information on the investigations conducted and the penalties imposed against persons who have recruited or used children under 18 years of age in armed conflict. While welcoming the Final Peace Agreement concluded by the Government and the FARC–EP, the Committee requests the Government to provide information on the investigations conducted and the penal sanctions imposed against the perpetrators of such crimes, as well as the imposition of sufficiently effective and dissuasive penalties against any person found guilty of recruiting or using children under 18 years of age for armed conflict.

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 recalls its previous comments concerning the measures taken by the ICBF for the protection of children and young persons demobilized from illegal armed groups, which comprise four distinct phases: identification and diagnosis; treatment; consolidation; and monitoring and follow up. The Committee also noted the integrated model of psycho-social assistance developed by the ICBF in response to the needs of children, according to their age, gender, ethnic origin and the nature of the crime committed against them, in which 800 professionals are participating. The Committee also noted that the number of children demobilized from armed groups increased from 195 in 2012 to 332 in 2014.

The Committee notes the indications of the CUT and the CTC that the ICBF is playing an important role, but is not receiving the necessary resources from the Ministry of Labour to carry out its mission. The Committee notes the CGT’s indication that the use of children by armed forces continues to be a problem in Colombia, despite the peace agreement. The CGT adds that, even though the figures provided by the Government show that the number of children used in armed conflict has fallen (72 children used in 2017, compared with 203 in 2016), these statistics are too general and should include the number of children who have been demobilized and be disaggregated by gender and age. The Committee notes the Government’s indication that Decree No. 891 of 28 May 2017 adds a transitional paragraph to section 190 of Act No. 1448 of 2011 on the process, for which the ICBF is responsible, of restoring the rights of children and young persons who have been demobilized following the Final Peace Agreement. It notes with interest that the transitional paragraph adds the possibility for children and young persons to remain in the transitional shelters envisaged for this purpose, until their age is verified by the ICBF. Section 190 of Act No. 1448 of 2011 provides that all child victims of forced or compulsory recruitment can claim compensation for the damages suffered and that the ICBF is responsible for ensuring the restitution of their rights. The Government adds that the ICBF and the enterprise Akubadabra Jurist Community have concluded the association agreement No. 1557 of 2016 for the implementation of a programme of harmonious recovery to ensure the proper return and guarantee the rights of demilitarized children and young persons. In the framework of this association agreement, the Government focused its action on the villages of Awá, Nasa, Wounnan and Emberá for the organization of consultation meetings, community workshops and intercultural meetings with a view to the reintegration of child victims of forced recruitment. Moreover, the National Council for Reintegration (CNR), established by Decree No. 2027 of 2016, plays the role, among others, of adopting special measures to care for and protect demobilized children and young persons and to follow up the programme of reintegration into civilian life. Finally, the Government indicates that point 1.3.3.5 of the Final Peace Agreement provides for the organization of awareness-raising campaigns for the eradication of child labour and the adoption of immediate measures to combat the worst forms of child labour. The Committee requests the Government to continue adopting and implementing effective and time-bound measures for the removal and rehabilitation of child victims of unlawful recruitment. Noting the absence of information on this subject, the Committee once again requests the Government to provide information on the number of children under 18 years of age who have been rehabilitated and integrated into their communities as a result of these measures.

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