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The Committee notes the observations of August 2010 submitted by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) referring to the situation of vulnerable categories of workers (women, children, migrants or indigenous people) that may be the target of certain types of forced labour, including forced prostitution, trafficking in persons, the forced labour of children or exploitation in the context of compulsory military service. The Committee hopes that the Government will provide information on these observations with its next report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in reply to its general observation on trafficking in persons, the Government sent information in 2002 on the provisions of the law (section 188A of the Penal Code) that make trafficking in persons a criminal offence, the measures taken to combat the phenomenon and alert the population, and on the international cooperation activities developed for these purposes. The Committee has since then learned of the adoption of Act No. 985 of 2005 setting forth measures to combat trafficking in persons and protect the victims, and of Decree No. 4786 of 19 December 2008 establishing a comprehensive national strategy to combat trafficking in persons. The Committee notes that the aim of the strategy, which covers the period from 2007 to 2012, is to bolster the State policy so as to reduce trafficking, a scourge affecting both Colombia and the international community. The strategy has an integrated approach, covering prevention, protection and assistance for victims and witnesses, international cooperation, police investigation and judicial action.

The Committee notes that these measures reflect the Government’s determination to combat trafficking in persons. It nonetheless observes that several United Nations bodies have expressed concern that despite such measures, trafficking in persons is still a major problem in Colombia (see, for example, the 2007 concluding observations of the Committee on the Elimination of Discrimination against Women – CEDAW/C/COL/CO/6, paragraphs 20–21 – and those of 2009 by the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families – CMW/C/COL/CO/1CRP, paragraphs 31–32). The Committee asks the Government to provide, in its next report, detailed information on the measures taken to implement the various parts of the national strategy, specifying the results obtained and the difficulties encountered. Please also provide information on legal proceedings brought against perpetrators of trafficking, specifying the penalties imposed, so that the Committee may satisfy itself that such penalties are really adequate and strictly enforced as required by Article 25 of the Convention.

Article 2(2)(a). Purely military character of work exacted in the context of compulsory military service. In its previous comments, the Committee noted that there are various forms of compulsory military service and that graduates may perform compulsory military service as assistants in the National Prison Guards and Surveillance Service (section 50 of Act No. 65 of 1993 and Decree No. 537 of 1994 regulating military service for graduates in the National Prison Institute). The Government stated that the duties of such assistants include assisting prison staff with the guarding, surveillance and reintegration of prisoners and that they accordingly take part in educational, sports and social activities for prisoners. The Committee pointed out that to be excluded from the scope of the Convention and in order not to be considered as forced labour, work exacted in virtue of compulsory military service laws must be of a purely military character. It took the view that this was not the case of the duties assigned to graduates performing their military service in the National Prison Institute. In its latest report, the Government states that compulsory military service is a constitutional duty incumbent on all Colombians, except in certain instances expressly set out in the law (sections 27 and 28 of Act No. 48 of 1993 regulating the recruitment and mobilization service). The Government adds that compulsory military service has its roots in the need to ensure the protection of Colombia’s sovereignty, independence and territorial integrity and uphold the constitutional order. The Government provides statistical information showing that among the various forms of military service, conscripts are distributed as follows in 2010: 37,720 graduate soldiers, 36,814 regular soldiers and 25,654 “peasant” soldiers.

The Committee notes this information. It points out that, although when the Convention was in the course of adoption it was generally agreed that compulsory military service should remain beyond the scope of the Convention given the purpose and rationale for military service, conditions were nonetheless set so as to prevent military service from being diverted from its primary purpose and used to mobilize conscripts for the performance of public works or other tasks that are not purely military in nature. The Committee draws the Government’s attention to the fact that Act No. 48 of 1993 regulating the recruitment and mobilization service provides expressly in section 13 that “soldiers, and particularly graduate soldiers, in addition to their military training and the other obligations incumbent upon them as soldiers, shall receive instruction and carry on activities relating to furtherance of the wellbeing of the population and the conservation of the environment”. It is plain from this provision that compulsory military service is broader according to Colombia’s concept than the exception allowed by the Convention, and so fails to meet the condition laid down by the Convention for excluding military service from its scope, namely that work performed in the course of military service must be of a purely military character. In these circumstances, and in view of the fact that the statistics supplied by the Government show that there are more graduate soldiers than regular soldiers, the Committee again asks the Government to take the necessary steps to review all laws and regulations governing compulsory military service and bring them into line with the Convention.

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Article 2, paragraph 2, subparagraph (a), of the Convention. Work exacted under compulsory military service laws. In its previous request, the Committee requested the Government to provide information on the performance of compulsory military service by graduates as auxiliaries in the National Prison Guards and Surveillance Service and to indicate the number of persons involved. It recalled that any service in virtue of compulsory military service is excluded from the application of the Convention in so far as the work performed is of a purely military character.

The Committee notes the information provided by the Government that 3,000 conscripts performed service in the National Prison Institute from December 2007 to December 2008. It also notes the duties assigned to these persons, which include guarding and inspecting prisoners, participating in educational activities and activities to promote social interaction among the prison population and participating in measures relating to the rehabilitation and reintegration of prisoners.

The Committee notes that, according to the Government’s indication in its report, the work exacted from auxiliary graduates produces “suitable, capable and well-prepared staff within the prison system”. However, such duties are not tasks of a purely military character and do not therefore come under the exception set out in Article 2(2)(a) of the Convention which exempts from its scope any work exacted in virtue of compulsory military service laws for work of a purely military character.

The Committee requests the Government to examine this situation in the light of the provisions of the Convention and to provide information on the measures taken or envisaged to bring the national legislation and practice relating to the work exacted from auxiliary graduates in the context of compulsory military service into conformity with the Convention.

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Article 2(2)(a) of the Convention. Work exacted under compulsory military service laws. The Committee notes that graduates may perform their compulsory military service as auxiliaries in the National Prison Guards and Surveillance Service, and that the Directorate of Recruitment and Control of Army Reserves will forward the required quotas to the National Prison Institute for the selection that is made by the National Prison School (Decree No. 537).

The Committee requests the Government to provide information on this form of military service, with an indication of the number of persons involved, and recalls that any service in virtue of compulsory military service is excluded from the application of the Convention in so far as the work performed is of a purely military character.

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Work of prisoners for private enterprises; consent and remuneration

In its earlier comments concerning the work of prisoners for private enterprises the Committee pointed out that such work could be compatible with the Convention only when it is performed in conditions approximating a free employment relationship; this necessarily requires a freely given consent of the persons concerned, as well as further guarantees and safeguards, such as normal wages and social security, etc.

The Committee notes with satisfaction a provision of section 62(10) of Agreement No. 011 of the National Penitentiary Institute, which stipulates that with regard to the work of prisoners for private enterprises, both profit-making or non-profit-making, it is necessary that a prisoner gives his/her voluntary consent to perform work or service, in conformity with the provisions of the ILO Conventions. By virtue of section 62(10), contracts concluded with private employers involving the use of prison labour must provide for compensation and a form of payment for prisoners. In no case the said remuneration may be inferior to the legally established minimum wage.

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1. The Committee takes note of the reports sent by the Government and of the promulgation in 1993 of a new Prison and Penitentiary Code (Act No. 65).

Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention. 2. In its comments over a number of years, the Committee has referred to sections 269 and 233 of Decree No. 1817 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted but on all detainees except those declared medically unfit. The Government had indicated that the obligation to work imposed on detainees is merely a written legal form which has no practical application, since despite inmates' requests, the Ministry of Justice and the Directorate of Prisons cannot respond satisfactorily due to lack of means and human resources. The Committee notes, however, that section 86 of the new Prison and Penitentiary Code provides that detainees may be allowed to work individually or in groups for performing public, agricultural or industrial work under the same conditions as convicts, with the permission of the director of the penal establishment in question.

3. The Committee recalls once again that an obligation to work may only be imposed on persons convicted in a court of law. Imposition of an obligation to work by the administrative authorities or other non-judicial bodies is therefore not compatible with the Convention; prisoners awaiting trial or detained without trial may work on a purely voluntary basis, if they wish to do so (see paragraphs 90 and 94 of the 1979 General Survey on the abolition of forced labour). As section 86 of the new Code in its current form leaves open the possibility of imposing compulsory labour on detainees, in contravention of the Convention, the Committee requests the Government to ensure that the necessary measures are taken to amend this section so as to bring it into line with the Convention by expressly establishing the purely voluntary basis of prison work done by detainees.

4. In other comments that it has been making for some years, the Committee has referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration. The Committee notes that, under section 84 of the new Prison and Penitentiary Code, prisoners can work for private individuals and the conditions of employment, relating to the type of work, working time and remuneration, must be laid down in an employment contract. It also stipulates that compulsory work may be imposed on prisoners by order of the prison director, in accordance with the rules established by the National Penitentiary and Prison Institute (INPEC). The Committee also notes that section 87 empowers the director of any prison establishment to enter into agreements or contracts with private individuals or companies with the sole aim of providing work, education and recreation, and of maintaining the effective working of the establishment.

5. The Committee wishes to point out that work done by prisoners for the benefit of companies or private individuals cannot be compatible with the Convention unless the prisoners concerned have given their voluntary consent and provided that there are guarantees, such as normal wages, social security provision, etc. However, the Committee observes that there are currently no provisions in national legislation relating to the voluntary consent to work for private companies. Moreover, according to section 84 of the Code, work can be imposed on prisoners by order of the prison director, which is not compatible with voluntariness. The Committee therefore requests the Government to take the necessary measures to enshrine the principle that prisoners must give their voluntary consent to work for private individuals, and to inform it in its next report of any progress made in this regard.

6. The Committee also notes that section 86 provides that work done by prisoners shall be fairly remunerated. In order to allow it to assess the application of the Convention, the Committee requests the Government to indicate the type of remuneration paid to prisoners working for private companies and to provide copies of agreements that have been concluded between the private companies and prison establishments.

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1. Article 2, paragraph 2(a). In its previous comments, the Committee referred to the provisions of Act No. 1 of 1945 respecting compulsory military service, under which recruits can be assigned to civic military activities in order to provide assistance to economically weak sectors of the population in programmes such as the building of roads and bridges, the provision of medical services and the construction of houses and schools.

The Committee noted the Government's indications that civic military activities have the dual objective of creating an adequate infrastructure for the purposes of defence and at the same time of benefiting the community that will also make use of it.

The Committee points out once again that the only exception to this provision of the Convention is any work or service exacted in virtue of compulsory military service laws which is of a purely military character. The Committee once again requests the Government to take the necessary measures to ensure that the non-military work carried out by conscripts, whether voluntarily or as part of their training, is explicitly referred to as such in the legislation.

2. Freedom of workers in the service of the State to leave their employment. The Committee notes section 130 of Decree No. 1211 of 1990, the conditions of service of officers and non-commissioned officers in the armed forces; section 113 of Decree No. 1212 of 1990, the conditions of service of officers and non-commissioned officers in the national police, and section 77 of Decree No. 1213 of 1990, the conditions of service of officers in the national police, respecting applications to retire. The above provisions lay down that the retirement of the above persons is granted when, in the opinion of the competent authority, there are no reasons relating to national security or no special operational reasons requiring their continued service.

The Committee requests the Government to provide information on the criteria used by the competent authority as regards reasons of national security or special operational reasons referred to in the above provisions. The Committee also requests the Government to supply information on the time-limit set for the acceptance of applications to retire.

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Article 2, paragraph 2(c). Prison labour. In the comments that it has been making for a number of years the Committee has referred to Decree No. 18-17 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted (section 269), but on all detainees except those declared medically unfit (section 233). The Committee notes with satisfaction that the adoption of section 79 of the Prison and Penitentiary Code (Act No. 65 of 1993) which provides for an obligation to work in prison establishments only for persons who have been convicted.

Work for private enterprises. In its previous comments on the work undertaken by prisoners for private individuals and enterprises, the Committee indicated that such a labour relationship may be compatible with the Convention in so far as it may be regarded as a free employment relationship, that is to say, if those concerned have freely given their consent, provided that there are appropriate guarantees, such as the payment of normal wages, social security, etc.

The Committee notes that section 84 of the Prison Code referred to above provides that the work contract cannot be concluded between the prisoner and private individuals, who have to conclude it with the administration of each prison centre or with the company "Renacimiento" (a mixed economy company which is to be established by virtue of section 90 of the above Code for the purpose of producing and marketing goods and services produced in prison centres, in which the national Government will hold more than 50 per cent of the share capital). Section 84 provides that "work may be undertaken in prison centres by order of the director of the establishment to the prisoners ...". Section 87 empowers the director of each establishment to "conclude agreements or contracts with public or private law persons or entities ... with a view to assuring work ...".

With regard to the work undertaken by prisoners for private enterprises, whether or not they are profit-making, the Committee notes that the Code contains no provisions establishing that prisoners must be able to give their consent freely to the relationship, in accordance with the Convention.

The Committee notes the agreements concluded (before the adoption of the new Prison and Penitentiary Code) between a number of private enterprises and prison establishments, which were supplied by the Government. The Committee notes that the remuneration agreed between prison centres and private entities is from 20 to 50 per cent less than the statutory minimum wage. In one case, the remuneration envisaged corresponded to the statutory minimum wage. The Committee considers that in cases in which remuneration is not only lower, but considerably lower (50 per cent) than the statutory minimum wage, the relationship clearly cannot be regarded as a free employment relationship and requests the Government to take the necessary measures to ensure that the remuneration conditions of prisoners who work for private enterprises are similar to those of free workers.

The Committee requests the Government to supply information on the application in practice of the provisions respecting work by convicted persons, and particularly the measures established to ensure that they freely give their consent to work for private enterprises. The Committee also requests the Government to supply a copy of the regulations adopted under section 86 of the Prison Code, which determine the social protection of prisoners, and to provide information on the operation of the mixed economy company "Renacimiento" (section 90 of the above Code).

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1. Article 2, paragraph 2(c), of the Convention. In comments that it has been making for some years, the Committee has referred to Decree No. 1817 of 1964 (the Prison Code), which imposes compulsory labour not only on persons who have been convicted (section 269) but on all detainees except those declared medically unfit (section 233).

The Committee noted from the information supplied by the Government that a special committee had been set up to amend the Prison Code so as specifically to prohibit the imposition of work on detainees.

The Committee notes that in its latest report the Government repeats that the obligation to work imposed on detainees is merely a written legal form which has no practical application, for despite the inmates' requests the Ministry of Justice and the Directorate of Prisons cannot respond satisfactorily for lack of means and human resources; nearly 11,000 more jobs would be needed.

The Committee points out once again that, under the Convention, labour may be imposed only on prisoners who have been convicted in a court of law. Prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis (paragraph 90 of the 1979 General Survey on the Abolition of Forced Labour).

Since section 233 of the Prison Code in its present form provides for compulsory labour for detainees in contradiction with the provisions of the Convention on this point and since, in practice, according to the Government's indications, detainees are not obliged to work, the Committee requests the Government to take the necessary measures to amend sections 233 and 269 of the Prison Code so that the national law may be brought formally into consistency with the Convention and statutory effect be given to the practice referred to by the Government.

In comments that it has been making for some years, the Committee has referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration; the Committee has requested the Government to take the necessary measures to give statutory effect to the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship.

The Committee noted Decision No. 357 of 1986, a copy of which was supplied by the Government and which lays down regulations pursuant to section 281 of Decree No. 1817 of 1964 (the Prison Code) and sets out the organisational structure of prison labour.

Among the types of labour included in the organisation of prison labour is labour hired to private enterprise (section 1(d)). Section 3(4) of the Decision provides that the organisation and type of remuneration for labour hired to private enterprise shall be specified in the relevant agreement, but that in no case may remuneration be less than 50 per cent of the minimum monthly wage fixed by the national Government.

The Committee observes that prisoners' work for private contractors may be compatible with the Convention in so far as the labour relationship may be regarded as a free employment relationship, that is to say if those concerned have freely given their consent, provided that there are appropriate safeguards such as the payment of normal wages, social security, consent of the trade unions, etc. However, the Committee notes that the national legislation does not at present contain any provision to the effect that prisoners' work for private enterprise must be based on a freely consented to relationship. Furthermore, if private enterprise is allowed to pay prisoners wages below the legal minimum wage, the relationship cannot be regarded as a free employment relationship.

The Committee notes that the Government's report contains no information about the questions raised.

With a view to being able to satisfy itself that the Convention is being applied, the Committee asks the Government to supply copies of the agreements that have been concluded between private undertakings and prison establishments. Similarly the Committee hopes that measures to bring the law into conformity with practice will be adopted shortly, embodying the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship. The Committee asks the Government to report on the progress achieved to that end.

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The Committee notes that the Government's report does not contain information concerning the points raised in its previous direct request and it hopes that this information will be supplied in the next report.

1. Article 2, paragraph 2(a), of the Convention. The Committee has been referring for some years to the provisions of Act No. 1 of 1945 respecting compulsory military service, under which recruits can be assigned to civic military activities in order to provide assistance for the economically weak sectors of the population, in programmes such as the building of roads and bridges, the provision of medical services and the building of houses and schools.

The Committee noted the Government's indications that civic military activities have the dual objective of creating an adequate infrastructure for the purposes of defence and at the same time of benefiting the community that will make use of them.

The Committee points out once again that the only exception to this provision of the Convention is any work or service exacted in virtue of compulsory military service laws which is of a purely military character. The Committee once again requests the Government to take the necessary measures to ensure that the non-military work carried out by conscripts, whether voluntarily or as part of their training, is explicitly referred to as such in the legislation.

2. In its previous comments, the Committee referred to section 125 of Decree No. 89 of 1984, reorganising the career of officers and non-commissioned officers of the military forces, the full text of which has been forwarded by the Government with its last report. Under the above section, officers and non-commissioned officers of the military forces may apply for retirement from active service at any time and their application is granted where at the discretion of the competent authority there are no reasons of national security or special service reasons that require them to remain in service.

In order to assess the scope of section 125, the Committee requests the Government to indicate the criteria employed by the competent authority with regard to the "special service reasons" referred to in the provision. The Committee also requests the Government to supply information on the time-limits envisaged for the acceptance of retirement applications submitted by members of the armed forces.

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1. Article 2, paragraph 2(c), of the Convention. In comments that it has been making for some years, the Committee referred to the Prison Code (Decree No. 1817 of 1964) which imposes compulsory labour not only on persons who have been convicted (section 269), but also on all other detainees except those declared medically unfit (section 233).

The Committee noted from the information supplied by the Government that a special committee had been set up to amend the Prison Code so as to specifically prohibit the imposition of work on detainees.

The Committee notes that the Government's report contains no information on this question.

The Committee recalls once again that under the Convention labour may be imposed only on prisoners who have been convicted in a court of law. Prisoners awaiting trial or persons detained without trial may work if they so wish on a purely voluntary basis (paragraph 90 of the 1979 General Survey on the Abolition of Forced Labour).

In view of the fact that section 233 of the Prison Code, in its current form, provides for compulsory labour for detainees, in contradiction with the provisions of the Convention on this point, and that, according to the Government's indications, in practice detainees are not obliged to work, the Committee requests the Government to take the necessary measures to amend sections 233 and 266 of the Prison Code so as to give statutory effect to the practice referred to by the Government.

2. In comments that it has been making for some years, the Committee referred to section 182 of Decree No. 1817 of 1964, under which work in prison establishments may be arranged directly through the administration or through contractors who are provided with premises and the labour of detainees and convicted persons, and who in exchange supply the necessary equipment and materials for the work and pay wages in accordance with the terms and conditions laid down by the prison administration, and it requested the Government to take the necessary measures to give statutory effect to the principle that prisoners' work for private contractors must be based on a freely consented to employment relationship.

In its report, the Government indicates that sections 41 and 42 of the Prison Code do not envisage the supplementary sentence of labour and that section 45 of the same Code abolished the penalty of hard labour.

The Committee however notes that section 269 of the Prison Code that is currently in force (Decree No. 1817 of 1964) lays down that "in all penitentiaries, prison colonies and prisons, sentences are accompanied by the obligation to work during the day ...".

The Committee notes Decision No. 357 of 1986, a copy of which was supplied by the Government, which issues regulations under section 281 of Decree No. 1817 of 1964 (Prison Code) and sets out the organisational structure of prison labour.

Among the types of labour included in the organisation of prison labour is labour hired to private enterprises (section 1(d)). Moreover, section 3(4) of the same Decision lays down that the organisation and type of remuneration for labour hired to private enterprises shall be set out in the respective agreement, but that in no case may remuneration be less than 50 per cent of the minimum monthly wage fixed by the national Government.

The Committee points out that work by prisoners for private enterprises is compatible with the Convention only so far as the labour relationship can be assimilated to a free employment relationship, that is, if the prisoners concerned have fully consented to it, provided that there are appropriate guarantees, such as the payment of normal wages, social security, consent of the trade unions, etc. The Committee notes that there is no provision in national legislation to the effect that prisoners' work for private enterprises must be based on a freely consented to relationship. Furthermore, where private enterprises are permitted to pay prisoners wages that are less than the minimum wage, their relationship cannot be considered comparable to a free employment relationship.

To be able to ascertain the observance of the Convention, the Committee requests the Government to supply copies of agreements that have been concluded between private enterprises and prison establishments. The Committee moreover hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with practice, by giving statutory effect to the principle whereby prisoners' work for private enterprises must be based on a freely consented to employment relationship. The Committee requests the Government to indicate the progress achieved to this effect.