Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

In its previous observation the Committee took note of a communication from the Single Confederation of Workers of Colombia (CUT). It notes the Government’s reply, received on 21 February 2008.

Discrimination on grounds of race and colour. The CUT alleges discrimination against members of indigenous and Afro-Colombian peoples, citing the fact that they are poorly represented in middle and high level posts in private companies. It states that the darker the skin the greater the discrimination. It refers to a report from the five dioceses of the pacific coast of Colombia according to which in Buenaventura, for example, although persons of African descent account for 92 per cent of the population, when they look for work they are turned down because of the colour of their skin. Furthermore, in banks and corporations black persons have the worst jobs. The employment office and the banks have rejected applicants “because they are very dark”. The employment office of the region and private companies set other physical requirements for employment, particularly for women, namely that they must be white, tall and slim.

Discrimination on the ground of social origin. The CUT states that the inhabitants of the poorer districts, despite a good education, are unable to get jobs in a number of private companies, particularly banks and financial companies. The selection process now involves a phase knows as “home visit”, the aim of which is to ascertain the applicant’s social background, which results in discrimination in access to employment based on social origin.

In its communication the Government states that it has focused its efforts on devising policy programmes to promote equality of rights and opportunities. In this context, it has promulgated the “Employability Act”, which provides for support to people who are at risk and vulnerable. While noting the Government’s comments on the efforts made for particularly vulnerable people, the Committee notes that the Government has not responded to the allegations of discrimination in access to employment and employment conditions based on race, colour and social origin. The Committee requests the Government to take effective measures to ensure that there is no discrimination in access to employment and in employment on grounds of social origin, race, colour, or physical characteristics. It also asks the Government to take measures to ensure that no investigations are carried out into applicants’ social backgrounds resulting in discrimination based on social origin, and to take measures to prohibit discriminatory job announcements, in both law and practice, and to promote the employment of Afro-Colombians and indigenous people. Please provide information on the steps taken in this regard. The Government is also asked to provide detailed information on the employment situation of indigenous and Afro-Colombian peoples, including those living in the Pacific coast area.

Communication of the report to the social partners. With reference to the CUT’s comments that by 15 August 2007, it had not received a copy of the Government’s report on the Convention so that it could submit comments, the Committee requests the Government to send its report to the social partners in a timely manner to enable them to make such comments as they deem appropriate, thus facilitating their participation in the monitoring of the application of the Convention. The Committee asks the Government to provide the information requested together with replies to the questions raised by the Committee in its comments of 2007.