Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Colombia (Ratification: 1969)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 2 of the Convention. Gender equality policy. The Committee notes the range of information provided by the Government in its 2018 and 2022 reports on the Labour Equality Programme, and in particular: (1) the continuation of the Equipares labour equity label for enterprises and the launching of the SGIG Equipares label for small and medium-sized enterprises (SMEs), the PRIG Equipares Rural label for associations and cooperatives in the rural sector and the Equipares Público label for the public sector; (2) the gender equity at work awareness-raising and training initiatives, including the development of a virtual course covering the legislative framework, awareness-raising on equity and the prevention of labour and sexual harassment; (3) the adoption of the Gender Parity Initiative since 2018, which seeks to increase the participation of women in the labour force and in leadership positions and to reduce the gender wage gap. The Government also indicates that measurers have been adopted to promote the participation of men in housework and of women in occupations traditionally considered to be male (through training in such skills as welding, software, automobile parts, footwear and apparel), and to encourage the formalization of work in the domestic service sector and in manicure. The Committee further notes with interest the information provided by the Government on the adoption of a Public LGTBI Policy by Decree No. 762 of 2018, the formulation of a labour inclusion protocol for LGTBI persons and the preparation of a Bill establishing tax incentives for the recruitment of LGTBI persons. The Committee notes the information provided by the Government on various initiatives for the collection of statistics and the creation of the Colombia Labour Information Source (FILCO) labour statistics platform. The Committee requests the Government to provide:

(i)updated statistical data on the labour market participation of men and women, including their participation in the various sectors and occupations and the participation of women in work traditionally considered to be male;
(ii)information on the formalization of the manicure sector; and
(iii)information on the specific measures adopted under the Public LGTBI Policy for the promotion of equality and non-discrimination against LGTBI persons in employment and occupation.

With regard to pregnant women, the Government refers in its 2018 report to Acts Nos 1822 and 1823 of 2017, which: (1) increased maternity leave from 14 to 18 weeks and extended the possibility for fathers to benefit from maternity leave in the event of the illness of the mother (section 236 of the Substantive Labour Code); (2) established the prohibition of the dismissal of pregnant women workers without the authorization of the Ministry of Labour and established a presumption of unfair dismissal when it is notified during the gestation period or during maternity leave (section 239 of the Substantive Labour Code); and (3) established the requirement to provide nursing rooms (“Family-friendly Nursing Rooms in the Work Environment”) in enterprises with a certain level of capital and with over 50 women employees (and also providing for benefits and tax relief or incentives for enterprises which create “Family-friendly Rooms”, without establishing the legal requirement to do so). The Committee notes this information.

Equality policy in relation to race and colour. The Committee notes the information provided in the Government’s 2018 report on: (i) the Special Educational Credit Fund for Black Communities between 2015 and 2018, emphasizing that there were more women than men and that almost 80 per cent of the persons surveyed indicated that the training received through the Fund contributed to their access to employment and work, thereby improving their living conditions and quality of life; and (2) statistics showing an increase between 2015 and 2018 in the training, guidance and employment services provided to Afro-Colombian and indigenous persons. The Government also provides information in its 2018 and 2022 reports on the action taken in cases of racial discrimination, including: (i) the adoption of Ministry of Labour Internal Circular No. 0066 in 2019 on the action to be taken and the processing of complaints and situations of racial discrimination in the work environment; (2) the preparation of the interinstitutional guide “Channels of action” by the Observatory against Racial Discrimination (OCDR) for Black, Afro-Colombian, Raizal and Palenque communities which suffer racial discrimination; (3) the organization of training days in 2021 and 2022 on racial discrimination and the dissemination of information on complaint procedures for racial harassment at work; and (4) the registration of 15 cases of discrimination at work by the OCDR between 2015 and 2018. The Committee requests the Government to continue providing information on:

(i)the impact of the measures adopted on the labour market participation of Black, Afro-Colombian, indigenous and Raizal persons; and

(ii)the number of cases of discrimination in employment and occupation on the basis of race and colour which have been brought to the attention of the labour inspection services and other competent authorities, as well as the compensation granted and penalties imposed.

The Committee also notes that the Government referred in its 2018 report to a series of challenges and obstacles to access to employment for the population of certain ethnic backgrounds and for indigenous peoples. The Committee refers in this regard to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), particularly in relation to conditions of employment and vocational training.

Policy of equality for persons with disabilities. The Committee notes the information provided by the Government in its 2022 report on the promotion of equality in employment and occupation for persons with disabilities, with particular reference to: (1) the creation of the Disability Inclusion Council by Decree No. 2177 of 2017, with a view to the coordination of awareness-raising activities for enterprises and entities in the private and public sectors, the implementation of the route to employability for persons with disabilities and the reinforcement of entrepreneurship for persons with disabilities and telework for the carers of persons with disabilities; (2) the implementation since 2019 of the Labour Inclusion Strategy for persons with disabilities with the objective of facilitating and progressively increasing their employment in the public and private sectors; (3) the establishment of a minimum quota for the employment of persons with disabilities in the public sector (Decree No. 2011 of 2017); (4) the award of additional points in public tender processes for enterprises which employ persons with disabilities (Decrees Nos 392 of 2018 and 1279 of 2021), and tax benefits for the employment of persons with disabilities; (5) the organization of workshops, forums, events, capacity-building and technical assistance throughout the territory. The Committee also notes the indication by the CUT, CTC and CGT in their observations that discriminatory practices against persons with disabilities persist and that many employers are unaware of the tax incentives available. The workers’ organizations also emphasize the urgent need to develop policies and legislation that not only promotes the access of men and women workers with disabilities to work, but also their retention and progress in employment. The Committee requests the Government to provide information on:

(i)the measures adopted to publicize the available mechanisms to promote the employment of persons with disabilities and, if available, the number of employers availing themselves of these measures; and
(ii)the measures intended to promote the retention and career progression of persons with disabilities in employment and occupation.

Specialized body. The Committee notes with interest the information provided by the Government in its 2022 report on the creation of the “Colombia for All” (Colombia es de Todos) Observatory (Decision No. 0338 of 2021) to promote the inclusion and combat any form of discrimination and stigmatization. The Government explains that, among other functions, the Observatory will compile information, identify preventive action, generate knowledge on the implementation of good practices and take the lead in decisions on the formulation of public policy. The Committee welcomes this initiative and requests the Government to provide information on the data compiled and the initiatives adopted by the Observatory to combat discrimination in employment and occupation.