Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report. It also notes the comments of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) of 30 August 2010.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that section 188-A of the Penal Code, as amended by Act No. 985 of 2005, punishes trafficking of persons for the purposes of sexual and economic exploitation. It further noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of February 2007 (CEDAW/C/COL/CO/6, paragraphs 20 and 21), expressed concern at the scale of the problem of the trafficking of women and girls in the country, including for sex tourism or economic exploitation. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while welcoming the measures taken by the country to combat the trafficking of children, expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking and at the unequal enforcement of the law.

The Committee notes that the Government’s report contains no information on this point. However, it notes that, according to the 2009 Report on Trafficking in Persons in Colombia, available at the Office of the High Commissioner for Refugees website (www.unhcr.org), the Government of Colombia increased law enforcement efforts against trafficking offenders during the reporting period. In 2008, Colombian authorities initiated 159 anti-trafficking investigations, 20 prosecutions, and achieved 16 convictions, sentencing trafficking offenders to periods of imprisonment ranging from four-and-a-half years to 14 years. Such results compare to 182 investigations, 44 prosecutions, and six convictions reported for 2007. The Committee requests the Government to pursue its efforts to ensure the protection of young persons under 18 years of age against sale and trafficking for sexual and economic exploitation. In this regard, it requests the Government to continue to supply information on the practical application of section 188–A of the Penal Code, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties applied.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Penal Code, as amended by Act No. 1236 of 23 July 2008, punishes various offences related to prostitution, including when minors are involved (sections 213, 214 and 217). It further noted that, according to the information contained in two ILO–IPEC studies published in 2006 and 2007, namely “Commercial sexual exploitation of boys, girls and young persons in Colombia” and “The demand side of the commercial sexual exploitation of adolescents: Qualitative study in South America (Chile, Colombia, Paraguay and Peru)”, respectively, young persons under 18 years of age – both girls and boys – are victims of commercial sexual exploitation and using them for prostitution is the most common form of sexual exploitation in the country. The Committee also noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), the CRC expressed concern at the high and rising number of children who are the victims of sexual exploitation and at the statement that these children risk being regarded as criminals. It requested the Government to adopt immediate and effective measures to ensure that sections 213, 214 and 217 of the Penal Code, which prohibit the use, procuring or offering of a child for prostitution, are applied in an effective manner in practice.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), section 213A of the Penal Code, as amended by Act No. 1329 of 2009, prohibits procuring children under 18 years for commercial sexual exploitation. Moreover, the Committee notes with interest that section 217A of the Penal Code, as amended by Act No. 1329 of 2009, punishes the client who requests the sexual services of a child under 18 years in exchange for money. The Committee further notes that, according to the same source, four cases were reported in 2009 on procuring children under 18 years for commercial sexual exploitation; one case regarding requesting the paid sexual services of children under 18 years; and 23 cases concerning the incitement of children under 18 years to prostitution. Twelve convictions were reported in 2009 for procuring children under 18 years for commercial sexual exploitation; one for requesting the paid sexual services of children under 18 years; and 19 for inciting the prostitution of children under 18 years. Some 587 denunciations regarding the commercial sexual exploitation of children (including prostitution, pornography and sexual tourism) were received in 2009 by the Colombian Family Welfare Institute (ICBF) and transmitted to the Attorney-General’s Office. Finally, the police carried out investigations in gaming and Internet rooms, movie theatres, public establishments and airports and arrested 34 people in 2008 and 49 people in 2009 who committed crimes regarding the commercial sexual exploitation of children. The Committee requests the Government to continue to supply information on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed regarding the violation of the provisions prohibiting using, procuring or offering of children for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 382 of the Penal Code prohibits the production and trafficking of drugs and section 384 of the Penal Code provides that using a child to commit a crime covered by section 382 constitutes an aggravating circumstance. The Committee observed that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 88), noted with deep concern that drugs manufactured in Colombia and exported from the country have a harmful impact on children engaged in the picking of coca leaves (raspachines) and also those forced or lured into trafficking drugs, including within their bodies (“mules”). Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to take the necessary steps to ensure the enforcement in practice of sections 382 and 384 of the Penal Code, which prohibit and penalize the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs, and to supply information in this regard.

Articles 3(d) and 4(1). Hazardous work. Child domestic labour. The Committee previously noted with interest the adoption of resolution No. 1677 of 20 May 2008, which identifies the worst forms of child labour, including the types of hazardous work that are prohibited for all children under 18 years. The Committee noted in particular that section 2(10)(2) of the resolution prohibits the employment of children at the homes of third parties, in domestic service or in cleaning, washing or ironing. The Committee further noted that, according to the statistics for 2004 contained in the reports on the ILO–IPEC project on child domestic labour and the commercial sexual exploitation of children, more than 60,000 children were engaged in domestic labour in the country, most of them girls. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to take steps to ensure that any persons who use young persons under 18 years of age for domestic labour and employ them in hazardous work are prosecuted and that sufficiently effective and dissuasive penalties are imposed on them. It requests the Government to supply information in this regard.

Article 6. Programmes of action. The Committee previously noted the drawing up of the “National strategy for preventing and eliminating the worst forms of child labour and protecting young workers 2008–15” (national strategy against the worst forms of child labour), which is aimed at drastically reducing child labour between 2008 and 2015. It noted that the national strategy against the worst forms of child labour envisages the adoption of programmes and projects for the prevention and elimination of the worst forms of child labour, which are aimed at child victims of sexual exploitation or children engaged in prohibited work in small-scale mining, commercial agriculture or street trading.

The Committee notes the Government’s information that as a result of the national strategy against the worst forms of child labour, 22,572 children and adolescents were prevented from being engaged in the worst forms of child labour and provided assistance. It also notes the Government’s information that the tripartite Committee for Eradicating Child Labour was established for implementing the national strategy against the worst forms of child labour. The Committee requests the Government to continue to provide information on the implementation of the national strategy against the worst forms of child labour, and results achieved in terms of the number of children prevented from, or withdrawn from, the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 76 and 77), noted that free education for nine years in school is a constitutional right. However, school fees are imposed on parents who can afford to pay and this has lead to a discriminatory educational system, characterized by arbitrary fees and social exclusion. It further noted that, according to data for 2005 from the UNESCO Institute of Statistics, the primary school enrolment rate is 90 per cent for both girls and boys and, at the secondary level, is 64 per cent for girls and 58 per cent for boys. The Committee noted the Government’s information on the measures taken in the field of education. It finally noted that educational measures would be adopted in the context of the implementation of the national strategy against the worst forms of child labour.

The Committee notes the CTC’s and CUT’s comment that the objectives of educational measures adopted in the context of the national strategy against the worst forms of child labour were not achieved due to schools drop-outs, lack of financial resources and lack of adequate teaching staff.

The Committee notes that, according to data for 2007 from the UNESCO Institute of Statistics, the secondary school enrolment rate is 74 per cent for girls and 67 per cent for boys, thus reflecting a rate increase compared with 2005. However, it also notes the Government’s information that out of 30,276 boys who work, 19,585 do not attend school. Out of 20,910 girls who work, 13,131 do not attend school. The Committee expresses its concern at the fact that almost two‑thirds of the boys who work and more than half of the girls who work, do not attend school. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to take the necessary measures, in the framework of the implementation of the national strategy against the worst forms of child labour, to integrate children who work into school. It also requests the Government to provide updated statistics on the secondary school attendance rate and school drop-out rate.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee previously noted that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 86 and 87), while noting with satisfaction the measures adopted by the country to combat commercial sexual exploitation, expressed concern at the high and rising number of children who are the victims of commercial sexual exploitation. The Committee further noted the adoption of the national action plan for the prevention of the commercial sexual exploitation of boys, girls and young persons under 18 years of age (2006–11) (ESCNNA).

The Committee notes the CTC’s and CUT’s comment that along with a tourism boost, the commercial sexual exploitation of children has increased alarmingly, especially in touristic areas such as the Caribbean.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), 2,294 child victims of commercial sexual exploitation were assisted and rehabilitated in 2009 as a result of the implementation of the ESCNNA. The Committee strongly encourages the Government to pursue its efforts to combat the commercial sexual exploitation of children and requests it to continue to supply information on the number of children removed from commercial sexual exploitation and rehabilitated in the context of ESCNNA.

2. Child labour in small-scale mining. The Committee previously noted the Government’s information on the programmes for the support of families living in remote rural areas. In this regard, it noted in particular that these programmes enabled the ICBF to remove a number of children from small-scale mines. The Committee also noted that in 2008 projects would be implemented in 27 municipalities where child labour exists in small-scale mines.

The Committee notes the Government’s information that, according to data for 2009, 2,137 children and adolescents were removed from work in mines in the departments of Bolívar, César and Boyacá and are being assisted by the ICBF. The Committee requests the Government to continue to provide information on the number of children removed from work in mines and rehabilitated and socially integrated pursuant to the implementation of programmes and projects for the support of families living in remote rural areas and the intervention of the ICBF.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. The Committee previously noted that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 84 and 85), the CRC noted with concern that the country had a very high number of street children, including more than 10,000 in Bogotá according to official estimates, owing in particular to socio-economic factors and the internal armed conflict. Noting the absence of information on this point and reminding the Government that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to remove children from the streets, rehabilitate and socially integrate them and to provide information on the measures taken in this regard.

2. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted with concern that, despite positive measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination.

The Committee notes that, according to the written replies by the Government of Colombia to the list of issues (CRC/C/OPSC/COL/Q/1) to be taken up in connection with the consideration of the initial report of the Government of Colombia submitted under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/COL/1), of 5 May 2010 (CRC/OPSC/COL/Q/Add.1), the ICFB works in assisting and rehabilitating vulnerable groups such as Afro-Colombian and indigenous people and displaced people, through projects adapted to these groups. It notes that assistance to children of these groups also includes an educational component. The Committee requests the Government to provide information on the results of the projects aimed at assisting and rehabilitating children belonging to vulnerable groups, such as Afro-Colombian and indigenous people and displaced people, and on the number of children integrated into school pursuant to the adoption of these projects.

3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4(1) of the Convention, the Committee noted in its previous comments that children employed in domestic work, particularly young girls, are often the victims of exploitation, which assumes highly diverse forms, and that it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work. Noting the absence of information on this point in the Government’s report, the Committee urges the Government to adopt effective and time-bound measures to protect these children, particularly against economic and sexual exploitation, and requests it to supply information on the measures taken in this regard.

Article 8. Enhanced international cooperation. The Committee previously noted the drawing up of the National Development Plan (2006–10), which aims in particular to reduce poverty and reduce child labour from 7.2 per cent to 5.3 per cent. Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to supply information on the implementation of the National Development
Plan (2006–10) and the results achieved.

Parts IV and V of the report from. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that, according to the results of the household-based survey for 2007, 6.9 per cent of children between 5 and 17 years of age work in the country. Data of the household-based survey, read in conjunction with data of the project “Red Juntos para la superación de la pobreza extrema”, show that a total of 51,186 children work.