Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Colombia (Ratification: 1969)

Other comments on C029

Observation

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

The Committee takes note of the signing, in October 2018, of the Decent Work Pact through which the Government, employers and workers commit themselves, among other things, to contributing to the eradication of child labour and forced labour.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the Government’s commitment to combating trafficking in persons particularly through: Act No. 985 of 2005 on measures to combat trafficking in persons and protect victims; the comprehensive national strategy against trafficking in persons covering prevention, victim protection, international cooperation, and police and judicial investigation; the efforts made by the Inter-institutional Committee to Combat Trafficking in Persons; and the establishment of units within the National Police and the Ministry of the Interior specialized in combating trafficking. The Committee encouraged the Government to continue taking measures to combat the complex phenomenon of trafficking in persons, which is further complicated by the fact that Colombia is a departure, transit and destination country for trafficking and that a large number of persons have been displaced as a consequence of the internal armed conflict.

The Committee notes the detailed information supplied by the Government on the steps taken to implement the four prongs of the national strategy. In this regard, the Committee notes that a new strategy, developed by the Inter-institutional Committee, has been adopted for the 2016–18 period (Decree No. 1036 of 2016). This strategy is the result of a participative process to which the different actors involved in combating trafficking have contributed. The strategy is based on six cross-cutting pillars and seven lines of action. Decree No. 1036 also establishes a Human Trafficking Observatory, mandated to produce and collect reliable and recent data on trafficking in persons that contribute to a better understanding of the phenomenon and the development of effective public policies in that area.

With specific regard to victim protection, the Committee notes the adoption of Decree No. 1066 of 2015, one chapter of which describes in detail the nature of the protection and assistance to be provided to victims and establishes the procedures and formalities to be implemented by the authorities in this regard. The assistance programmes comprise two phases: immediate medical and psychological assistance; and medium- and long-term assistance to equip victims with the tools for social reintegration. Assistance is granted to victims regardless of whether they have filed a judicial complaint. With regard to investigation, the Government describes how different police units cooperate among themselves and with the Office of the Prosecutor-General, which has 26 prosecutors and specialized teams to lead enquiries into cases of trafficking in persons. Furthermore, the Government provides information on the various actions taken by the Ministry of Labour to prevent and combat fraudulent offers of employment, which are often used to trap victims in cases of trafficking in persons for labour exploitation (operation of a telephone helpline for reporting violations, analysis of the modus operandi of fraudulent employers, implementation of awareness-raising campaigns and the training of labour inspectors). The Committee also notes that, in the context of the eight Memoranda of Understanding signed between Colombia and Argentina, Chile, Costa Rica, Ecuador, El Salvador, Honduras, Paraguay and Peru, respectively, several bilateral meetings have been held to implement the Memoranda of Understanding, formulate bilateral plans of action against trafficking and share best practices. The Committee also observes that Colombia is among the 13 countries selected to benefit from the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO.ACT) programme, which supports countries in developing and implementing a comprehensive national response to combat both these crimes.

The Committee notes that, in its observations, the CGT indicates that the network of labour inspectors specialized in the area of trafficking in persons, which was due to be established in July 2017, is not yet in place. The CGT considers that more complete data on the phenomenon of trafficking in persons are necessary, particularly with regard to women. In their joint communication, the CUT and the CTC observe that only a limited number of victims have been officially identified and that there are still problems regarding their access to the justice system. The two trade unions call on the Government to be more proactive, particularly by: establishing systems to facilitate the identification of victims and perpetrators of crimes; implementing a special programme for the protection of victims and their aftercare; establishing mechanisms to facilitate the detection of possible collusion by public officials; and collecting more precise data on cases which are pending or have already been settled.

The Committee notes that, according to data available on the website of the Ministry of the Interior, 422 cases of human trafficking were recorded between 2013 and May 2018, of which 84 per cent involved women, 60 per cent involved trafficking for sexual exploitation and 25 per cent involved trafficking for labour exploitation. In 2017, the operational anti-trafficking centre provided assistance to 98 victims.

The Committee notes all of this information and welcomes the Government’s efforts to adopt and implement a broad and coordinated policy to combat trafficking in persons. The Committee requests the Government to continue taking the necessary measures to implement the seven lines of action of the national strategy to combat trafficking in persons and to provide detailed information on this matter. The Committee also requests the Government to indicate the steps taken to ensure that all protection and assistance measures set out in the abovementioned Decree No. 1066 of 2015 are applied to victims in practice and to ensure better detection of situations involving trafficking in persons for both sexual and labour exploitation. Lastly, noting that the Government has not provided any information regarding ongoing investigations or judicial decisions even though 422 cases of trafficking have been recorded since 2013, the Committee requests the Government to supply information on the investigations conducted, the judicial proceedings initiated and the judgments handed down in cases of trafficking, with an indication of the difficulties faced by the competent authorities in this area. The Government is also requested to provide copies of reports or data published by the Human Trafficking Observatory and the Inter-institutional Committee to Combat Trafficking in Persons.

Article 2(2)(a). Purely military character of work exacted in the context of compulsory military service. For several years, the Committee has been requesting the Government to take the necessary measures to review all legislation governing compulsory military service and bring it into line with Article 2(2)(a) of the Convention, under which, in order to not be considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee has emphasized that the notion of compulsory military service in Colombia, which may be exacted in various forms, is much broader than the exception allowed by the Convention. For example, conscripts who have completed secondary education may be engaged in work that is not of a purely military nature. In this regard, the Committee has referred to:

-sections 11 and 13 of Act No. 48 of 1993 regulating the recruitment and mobilization service under which soldiers, and particularly conscripts who have completed secondary education, shall “carry out activities relating to the furtherance of the well-being of the population and the conservation of the environment”; and
-section 50 of Act No. 65 of 1993 and Decree No. 537 of 1994 regulating military service for graduates in the National Prison Institute, under which conscripts who have completed secondary school may perform their military service as auxiliaries in the National Prison Guard and Surveillance Service, where they assist prison staff in the guarding, surveillance and reintegration of prisoners.

In its report, the Government refers to the adoption of Act No. 1861 of 2017 regulating the recruitment service and the monitoring and mobilization of the reserve. The Committee notes that this Act repeals Act No. 65 of 1993. Under sections 4 and 11, military service is compulsory and is a duty that must be fulfilled by all Colombians who, from the age of 18 years, must declare their military status as a Class 1 or Class 2 reservist. The Act provides for a series of exemptions from compulsory military service, including conscientious objection. Military service lasts for 18 months and comprises four stages: military training, training in productive work, application in practice of the military training and a period of rest. However, military service for graduates of secondary education lasts for 12 months and they have no access to productive vocational training. The Committee also notes that, under section 16 of the Act, at least 10 per cent of personnel in each intake shall complete “environmental” service involving support activities aimed at protecting the environment and natural resources. Lastly, the Committee notes that while the CUT and the CTC, in their observations, welcome the changes introduced by the Act of 2017 with regard to the removal of the obligation to declare one’s military status to obtain employment in the public or private sectors, the CGT indicates that it has received information confirming that the activities carried out in the context of military service are not of an exclusively military character.

The Committee notes this information and notes with regret that the new legislation adopted does not respond to the concerns previously expressed by the Committee regarding the range of activities that may be undertaken by conscripts in the context of compulsory military service. The Committee once again expresses the firm hope that the Government will take the necessary measures to review the various forms of military service so that only work of a purely military character can be imposed on conscripts, particularly taking into account the situation of graduates of secondary education carrying out their military service in the National Prison Institute and conscripts conducting support activities aimed at protecting the environment and natural resources in the context of “environmental” service. Lastly, the Committee requests the Government to provide information on the “training in productive work” component of compulsory military service.

Articles 1(1) and 2(1). Vulnerable workers in illegal gold mines at risk of forced labour. The Committee notes that the CGT refers in its observations to illegal gold mines and considers that the State does not conduct sufficient inspections of the working conditions in this sector and does not undertake sufficient prevention activities. On the basis of a report of the Comptroller-General of the Republic, the CGT alleges forced displacements and human rights violations and emphasizes that the illegal nature of the economic activity encourages the exploitation of workers and the trafficking of persons, particularly of women for sexual exploitation. The CGT highlights the fact that this illegal mining takes place in isolated and inaccessible areas. The Committee requests the Government to supply information on the allegations of the CGT and to indicate the steps taken to protect workers in this sector to prevent them becoming trapped in situations of forced labour.