Observation (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, relating to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee observes that, according to the Government’s indications in its 2018 report, the Strategic Plan for the Prevention of Labour and Sexual Harassment at Work has been developed and implemented, certain elements of which had already been brought to the attention of the Committee, such as the survey of perceptions of sexual harassment, a protocol for action agreed with the Office of the Public Prosecutor and the training of labour inspectors. The Committee also notes the adoption of capacity-building and awareness-raising measures for enterprises and other actors in the world of work, including through the Equipares equality label. In addition, the Committee notes the reference by the Government in its 2022 report to the Gender Equality Recognition Programme (PRIG Equipares Rural) intended for associations and cooperatives in the rural sector, the objectives of which include the promotion of a working environment free from discrimination and violence. However, the Committee regrets to note that section 3 of Act No. 1010 of 2006 on labour harassment, which provides for mitigating circumstances, is still in force. The Committee also observes that: (1) the information provided by the Government on the number of complaints of sexual harassment does not indicate the number of cases of sexual harassment; (2) Act No. 1010 defines ill-treatment at work as a form of workplace abuse which includes any act of violence against sexual freedom, but does not contain a clear and explicit definition of sexual harassment (either quid pro quo or hostile working environment harassment); and (3) in section 210-A of the Penal Code, sexual harassment is described as behaviour through which a person, taking advantage, inter alia, of their position at work, harasses, pursues, bullies or stalks another person for unwanted sexual purposes for the benefit of themselves or another person. The Committee requests the Government to: (i) indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against sexual harassment, including both quid pro quo and a hostile working environment; (ii) if such protection does not exist, to take measures to provide explicitly for specific protection; (iii) report the penalties imposed under the Act and the measures envisaged to ensure that such penalties are effective and dissuasive; and (iv) provide information on the number of cases of work-related sexual harassment examined by the labour inspection services and by administrative and judicial bodies, the penalties imposed and the compensation granted.

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