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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information supplied by the Government in its report, including extracts from the case law of the Constitutional Court which refer to the labour rights of women.

Discrimination on grounds of race, colour and social origin. The Committee notes that there is no reference in the Government’s report to the Committee’s requests concerning a communication from the Single Confederation of Workers of Colombia (CUT) relating to discrimination in access to employment with regard to members of indigenous and Afro-Colombian peoples. The Committee also notes the concern expressed by the Committee on the Elimination of Racial Discrimination (CERD/C/COL/CO/14, 28 August 2009) at the fact that, despite national policies establishing special measures, in practice Afro-Colombian and indigenous peoples continue to have great difficulty in securing respect for their rights and continue to be the victims of de facto racial discrimination and marginalization. The Committee further notes that the National Development Plan 2006–10 proposes the formulation of a comprehensive policy for indigenous peoples, including components relating to territoriality, identity, autonomy, governance and development plans. The Committee therefore requests the Government once again to take effective measures towards the elimination of discrimination in access to employment or occupation on the basis of social origin, race, colour or physical characteristics. It also requests the Government to take steps to ensure that no investigations into the social background of workers are carried out which result in discrimination on the basis of social origin, that actions are taken to prohibit in law and in practice discriminatory vacancy announcements and to promote the employment of Afro-Colombian and indigenous peoples, and to supply information on the measures taken. The Committee also requests the Government to provide detailed information on the training and employment situation of indigenous and Afro-Colombian men and women, including those living in the Pacific region.

Gender-based discrimination. The Committee notes that the National Development Plans lay down general guidelines for the definition of a policy for Colombian women focusing on job creation, access to and quality of education, prevention and elimination of gender-based violence and improvement of conditions for rural women. The Committee notes the programmes promoted by the Ministry of Social Protection, the Ministry of Agriculture and Rural Development, the National Training Service (SENA), the Ministry of Trade, Industry and Tourism, and especially those of the Presidential Office for Equal Rights for Women, by means of which the Government seeks to combat discrimination in employment and empower women. It also notes the Strategic Plan for the defence of women’s rights under the law in Colombia, specifically the plan for the protection of women against employment discrimination. The Committee requests the Government to supply information on the practical application and results of such policies, plans and programmes, and specifically on how they are helping to eliminate discrimination against women in employment and occupation. The Committee also requests the Government to provide information on the measures taken to give effect to the Equal Opportunities Act (No. 823 of 2003), specifically those aimed at establishing programmes of employment training and skills development for women which are free from stereotypes regarding “female” jobs, and on measures to ensure that rural women have access to land ownership or possession, agrarian credit, technical assistance, and agricultural training and technology. The Committee also requests the Government to provide statistical information on the situation of women and men in the labour market and on their distribution in the various economic occupations, posts and sectors.

Indigenous women. Noting that the Presidential Office for Equal Rights for Women is designing actions in favour of indigenous women with a view to tackling the various forms of discrimination which affect them and promoting equal opportunities, the Committee requests the Government to provide further information on these actions and the results achieved with regard to education, vocational training, employment and occupation, including information on the pilot project referred to in the report.

Sexual harassment. The Committee notes the adoption of Act No. 1257 of 4 December 2008 enacting legal provisions on awareness raising, prevention and penalties with respect to certain forms of violence and discrimination against women. The Committee also notes that Act No. 1257 amends the Penal Code, the Code of Penal Procedure, and Act No. 294 of 1996, and enacts other provisions. The Committee notes that sexual harassment has been defined as a criminal offence, with section 210A of the Penal Code laying down a penalty of imprisonment ranging from one to three years for anyone found guilty of committing sexual harassment. The Committee requests the Government to consider adopting specific legislation regulating sexual harassment at work, including both quid pro quo and hostile environment harassment in the definition, and which also regulates the scope of responsibility as regards employers, supervisors, work colleagues and, where possible, clients or other persons connected with the performance of work. The Committee also requests the Government to provide information on any campaigns conducted to prevent acts of discrimination and violence against women in the work environment and on the procedures being adopted for handling complaints of sexual harassment.

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Policy on equality for men and women in employment and occupation. The Committee takes note of the various programmes being developed by the Government to improve women’s access to employment and training. It notes that an Observatory on Gender Matters (OAG) has been established as a tool for monitoring compliance with national and international labour standards on equality between men and women. It notes in particular that in the area “Employment and Business Development” programmes are being set up under the titles Women Heads of Family as Micro-entrepreneurs, Business Training Plan under which 26,200 such women have been trained, and the National Business Woman’s Fair, which aims to set up a trade exhibition with a social focus to promote women’s business activities. It further notes the Strategic Plan for the defence of women’s rights before the law in Colombia, which emerged from an agreement signed by the Government of Colombia with the Autonomous Community of Madrid and which sets three work priorities. It notes in particular that one of the three priorities is to protect women against discrimination at work by: (1) promoting equal opportunities for women; (2) developing women’s employment; (3) encouraging reconciliation of family life and work; (4) defending women’s rights. The Committee notes that one aim is to ensure the effective exercise of women’s rights at work by encouraging the exercise and legal enforcement of the rights laid down in the Constitution and international treaties. In this context, a Strategic Plan has been prepared for the defence of women’s rights before the law in Colombia. Having noted in its observation the comments by the Single Confederation of Colombia (CUT) on the need to strengthen the legal enforcement of international labour Conventions, the Committee requests the Government to provide information on the manner in which it has associated employers’ and workers’ organizations with the abovementioned Strategic Plan and particularly with the measures to protect women against discrimination at work. It also asks the Government to provide detailed information on the measures taken under the Plan and their practical impact. Please also continue to provide information on the national gender equality strategy in relation to employment and occupation, and provide reports of the OAG, which is responsible for general oversight of the gender equality policy.

2. Public sector. The Committee notes that the Government has not sent the information requested in the previous comments and again asks it to provide statistical information on the distribution of men and women in the public sector.

3. Private sector. The Committee again asks the Government to provide information on the measures taken in cooperation with employers’ and workers’ organizations to improve application of the Convention in the private sector.

4. Indigenous women and Afro-Colombian women. The Committee notes that three workshops were held with indigenous women in which 132 women participated. It points out, however, that this information does not allow it to gain a full understanding of the employment and training situation or of how indigenous and Afro-Colombian women may be affected by discrimination. The Committee requests the Government to provide detailed information on the situation of indigenous women as regards employment and training, including statistical information, and on policies that aim to secure equality both in training and in access to employment and conditions of employment.

5. The Committee notes that the Government has not provided information on paragraphs 6 and 7 of the previous direct request. It is therefore bound to repeat the two paragraphs, which read as follows:

Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

6. The Committee notes in general terms that the report provides information on Government policy on gender equality but not on policies on equality based on the other criteria in the Convention. The Committee invites the Government to provide more detailed information on policies to promote equality in training and employment without discrimination on grounds of race and colour, focusing in particular on the situation of the black population. In drafting its report, the Government is asked to follow up on and respond to the questions raised by the Committee in its comments.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee takes note of the communication from the Single Confederation of Workers (CUT). In that communication, the CUT states, as the most representative organization, that as at 15 August 2007 it had not received a copy of the Government’s report and was therefore sending its comments without having seen the report, reserving the right to expand on them upon receiving it. The Committee notes that in its report sent on 25 July 2007, the Government states that it is forwarding a copy to the CUT among other organizations. The Committee will examine the communication together with the comments the Government may wish to make. The Committee notes that the CUT indicates that the Judiciary has difficulties in applying the Convention although under the Constitution, it is directly applicable; the cut proposes that judges and administrative officials receive training to further their knowledge of the international treaties to which Colombia is a party. In its report, the Government refers to proposals to improve application of the Convention in the judicial system as part of the Strategic Plan for the defence of women’s rights before the law in Colombia. The Committee accordingly invites the Government to provide information on any training envisaged and on measures to follow up on the Strategic Plan. It reminds the Government that it may seek technical assistance from the Office should it deem this necessary.

2. Discrimination on grounds of race and colour. Indigenous people and Afro-Colombians. In its previous comments the Committee referred to situations in which indigenous people and Afro-Colombians were the subject of discrimination in employment and occupation. It also referred to the conditions of extreme poverty suffered by Afro-Colombians. The Committee notes that the Government mentions some activities with indigenous women but sends no information on the other matters. The Committee accordingly asks the Government to provide information on the situation of indigenous people and Afro-Colombians as regards training and employment, and on the Government’s policy on equality in employment and training as regards these two groups.

3. Situation of the Roma. In its previous comments the Committee expressed concern at the situation of the Roma, who are subject to discrimination. It notes that the Government has not sent the information requested on this matter. The Committee is concerned at the lack of a reply from the Government on this matter and again requests it to provide information on the work situation of the Roma and on the application to the Roma of the principle of equality of opportunity and treatment in employment and occupation.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. With regard to point 2 of its previous direct request in which it commented on the worrying rise in unemployment among women, the Committee notes that progress has been made in implementing the employment generation and unemployment protection programmes developed by the General Directorate for the Promotion of Labour, including the unemployment subsidies programmes, the entrepreneurial fund and the employment in action programme. The Committee would be grateful if in its next report the Government would provide information on current activities aimed at reducing the high level of unemployment and underemployment among women and to improve women’s access to employment and training and their working conditions and standards of living.

2. Public sector. Having noted from the Government’s report on the application of Equal Remuneration Convention, 1951 (No. 100), that the participation rates of men and women in the public sector are regulated by Act No. 581 of 31 May 2000, the Committee requests the Government to send statistical information with its next report showing the distribution of men and women in high-level posts in the public administration.

3. Private sector. The Committee notes from the Government’s report on the application of Convention No. 100 the Government’s statement that although there are principles enshrined in the Constitution and the law that safeguard gender equality, it is ultimately employers who decide, according to their needs and on the strength of the free market, whether to select men or women in the recruitment procedure. The Committee reminds the Government that under
Article 2 of the Convention, the Government is required to declare (giving particulars) and pursue a policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee draws the Government’s attention in this context to paragraphs 157 to 176 of its General Survey on equality in employment and occupation, 1988, in which it examines the formulation and content of such a policy and methods of applying it. In particular, it points out in paragraph 159 that “while affirmation of the principle of equality before the law may be an element of such a policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention.” The Committee requests the Government to indicate in its next report the measures taken or envisaged to apply a policy in the private sector that is consistent with the Convention, including measures implemented in cooperation with employers’ and workers’ organizations.

4. Indigenous peoples and Afro-Colombians. With regard to point 3 of its previous direct request in which it noted a report on Colombia by the Committee on the Elimination of Racial Discrimination which referred to discrimination against indigenous populations and Afro-Colombians in that these communities are disproportionately subjected to violations of human rights and international humanitarian standards, and drew particular attention to the situation of women, who are victims of discrimination based on their gender, race or ethnicity, and their displaced status, and to the conditions of extreme poverty in which many Afro-Colombians live. The Committee asks the Government to provide information in its next report on the positive and effective measures applied to increase training and employment opportunities for Afro-Colombians and indigenous communities, in both the public and the private sectors.

5. Situation of the Roma. The Committee notes the Special Rapporteur’s report of 24 February 2004 (E/CN.4/2004/18/Add.3), “Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Colombia”. The Committee expresses concern over the situation of the Roma, who are subject to discrimination, and requests the Government to provide information on their work situation in all aspects relating to the application of the principle of equality of opportunity and treatment in employment and occupation laid down in the Convention.

6. Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

7. Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government’s report and requests the Government to provide information on the following points.

1. In relation to its previous general observation of 2002 on sexual harassment, the Committee notes the information provided by the Government in its report indicating that, although there is no specific definition of sexual harassment, the behaviour of persons who abuse their authority to commit this type of offence can be investigated and punished in accordance with the existing provisions. The Committee requests the Government to consider the possibility of incorporating a more detailed provision in its legislation taking into account the various elements specified in its general observation. It also requests it to consider the adoption of specific procedures to investigate and punish this type of offence.

2. In its previous comment, the Committee noted a significant increase in the unemployment rate among women. The Committee notes with interest the adoption of Act No. 823 of 2003 issuing provisions respecting equality of opportunity for women, and particularly those related to the formulation of programmes and projects to promote equality of opportunity for women in labour matters, including vocational training courses to eliminate sexist stereotypes; raising public awareness of women’s rights and the corresponding protection mechanisms; examining the situation of rural women workers; maternity and social security provisions; promoting studies on gender and equality of opportunity through the allocation of the appropriate funds; and the collection of statistical data with a gender component. The Committee would be grateful if the Government would provide information in future reports on the activities carried out under the terms of this Act which lead to a reduction in the high rate of unemployment and under-employment among women and an improvement in women’s access to employment and training; as well as on their working and living conditions.

3. With reference to its previous comments, the Committee notes with interest the creation of the Special Commission for Negro Communities and the adoption of legislation to implement article 55 of the Constitution. The Committee noted in its previous comment that the above constitutional provision recognizes the right of Afro-Colombian communities to own as collective property the undeveloped lands (baldíos) in the rural areas along the rivers near the Pacific coast; their right to pursue economic, social and cultural development in conditions of equality; and respect for their cultural practices. In this respect, the Committee also noted in previous comments the concluding observations of the last report of the Committee on the Elimination of Racial Discrimination (CERD) with regard to Colombia which states that: (1) the indigenous and Afro-Colombian communities are disproportionately subjected to violations of human rights and international humanitarian standards; (2) the indigenous and Afro-Colombian communities are under-represented in State institutions, including the legislature, the judiciary, governmental ministries, the military and the civil and diplomatic services; (3) the government programmes are not responsive to the needs of many indigenous and Afro-Colombian women who are subjected to multiple forms of discrimination based on their gender and their race or ethnicity, and their displaced status; (4) the media coverage of minority communities, including the continued popularity of the television programmes that promote racial or ethnic stereotypes, CERD noted that such stereotypes serve to reinforce the cycle of violence and marginalization, which has had grave repercussions on the rights of Colombia’s historically disadvantaged communities; and (5) recognizing that many Afro-Colombian persons live in extreme poverty in urban slum areas, CERD recommends that the State take steps to address the de facto racial segregation in urban centres. The Committee, reiterating some of the recommendations made by CERD, trusts that the Government will adopt positive and effective measures to increase training and employment opportunities for minorities and indigenous communities in both the public and private sectors.

4. The Committee notes that the Government’s report does not provide any of the information requested in points 1 and 2 of its previous comment on the treatment of the 3,436 complaints of employment discrimination against women, in particular with regard to the number that reached the courts and the number for which decisions were handed down, and with regard to pregnant women. The Committee requests the Government to send the Office a copy of the successive annual reports of the Special Labour Inspection, Supervision and Control Unit with its next report and, where possible, some of the court rulings relating to the complaints of employment discrimination against women, including those related to pregnancy.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report, including the attachments.

1. The Committee notes the Government’s statement that it is not aware of any ruling by courts concerning violations of the principle of equality in employment and occupation. The Committee notes the Annual Report on the Basic Activities of the Special Labour Inspection, Supervision and Control Unit for the period January December 2000. The Committee notes that a total of 3,436 complaints were submitted concerning employment discrimination against women, with 80 per cent of them being in Cauca. The Committee requests the Government to provide more detailed information on these cases, and particularly the number of them which reach the courts and the manner in which they are resolved, with an indication of the measures that are being taken to prevent discrimination against women in employment and occupation in this and other territories.

2. The Committee also notes that 186 applications were submitted for the termination of the employment of pregnant women. Of these, conciliation was undertaken in 39 cases, authorizations were provided for 27 of them and 32 applications were denied. The Committee requests the Government to provide information on the 34 remaining cases in which applications were submitted for the termination of the employment of pregnant women, for which no indications are provided in the table. The Committee notes the reference made by the Government to the various rulings handed down concerning pregnant women workers, maternity leave and discrimination on grounds of sex. The Committee requests the Government to continue providing information in future reports on any case which arises concerning these matters.

3. The Committee also notes the statistics provided by the Government concerning employment in Colombia in 1999 and 2000. The Committee notes that unemployment among women has increased by 3.5 per cent as a proportion of total unemployment since the previous year, with the rate for men falling by 3.5 per cent. It notes that since 1996 the number of unemployed women has increased from 308,000 to 681,000 in seven metropolitan areas. It also notes that the highest incidence of unemployment among women is concentrated in the commercial sector, communal and social services and industry. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to promote the access of women to the labour market.

4. The Committee notes the information provided by the Government concerning the operative plan of the National Training Service (SENA) and requests the Government to provide detailed information in its next report on the activities undertaken to promote the economic participation of women and to offer training to the population groups with the highest rates of unemployment, and particularly women. With reference to training activities, the Committee would be grateful if the Government would provide copies of the curricula of the courses. The Committee would also be grateful if the Government would provide information on the activities that are being carried out by the Permanent Dialogue Commission on Wage and Labour Policies concerning the principle of non discrimination in employment and occupation.

5. The Committee notes that the Government has not provided information on the programmes and projects implemented under Act No. 508 of 1999, establishing the Plan for Equality between Men and Women, including the programmes and projects for women in different territorial areas, and particularly for those in rural areas or who are displaced. The Committee reiterates its request and also asks the Government to report on the application of the plan in practice.

6. The Committee also notes that the Government has not responded to the request for information on the national policy and practical measures adopted to promote the principle of equality in employment and occupation in relation to the Afro Colombian population. The Committee reiterates it requests and would also be grateful for the provision of statistical data on the skills levels and incomes of the above population.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that, during the course of its session, it received legislative texts that had been requested from the Government. These will be examined at the Committee's next session.

1. With respect to its previous comments, the Committee notes the information supplied by the Government that an enforcement action (acci¢n de cumplimiento) may be brought on the basis of any act or omission of a public authority that fails to apply or executes legislative acts, or performs or fails to perform actions that result in the imminent non-application of binding laws or administrative acts, as well as against the acts or omissions of individuals. It also notes that this action is subordinated to an action brought on the basis of the violation of a fundamental constitutional right (acci¢n de tutela) and that, in this case, the judge will apply the constitutional right procedure. The Committee would appreciate receiving information indicating whether any judgements have been handed down in relation to the principle of non-discrimination in employment and occupation, whether through an action brought on the basis of the violation of a fundamental constitutional right or an enforcement action, and requests the Government to supply copies of any such judgements, if possible not only in respect of discrimination on the ground of sex, but also concerning the other grounds set forth in the Convention.

2. The Committee notes the enactment of Act No. 508, of 1999, which establishes the Plan for Equality Between Men and Women ("the Plan"). According to the report, the Plan is intended to implement the constitutional principles of equality and relevant international Conventions and formulates strategies to overcome those limitations and obstacles which impede women from participating in society on an equal basis with men. In addition, the Committee notes that, under the Plan, the Government undertakes to develop programmes and projects that place priority on the employment of women, as well as on the promotion of training courses for women. The Committee asks the Government to provide copies of the programmes and projects developed by the Government in furtherance of the Plan, including those programmes and projects for women from the different territorial districts, particularly those that live in rural areas or are displaced. Please also provide information on the actual application of the Plan.

3. The Committee also notes the concluding observations of the Committee for the Elimination of Discrimination Against Women (A/54/38, 2 February 1999), indicating that the school drop-out rate among girls and young women remains high, and that the causes of this high rate are linked to sexist stereotypes. In addition, the vocational choices made by women when they reach higher education are still gender-differentiated. The Committee recalls that occupational guidance and vocational training are essential, given that they determine actual possibilities of access to employment and occupations and that discrimination in access to training is subsequently perpetuated and accentuated at the levels of employment and occupation. It therefore requests the Government to provide statistical information, disaggregated by sex, on educational levels. In this context, the implementation of the Plan could play an important role in achieving the goal of the Convention. The Committee requests that, in developing training programmes and projects under the Plan, account be taken of paragraphs 38 and 77 through 85 of the General Survey on equality in employment and occupation, 1988. It requests the Government to keep it informed concerning the actions taken or contemplated.

4. Having noted that the Committee for the Elimination of Racial Discrimination, in its concluding observations of 20 August 1999 (CERD/C/55/Misc. 43/Rev. 3), expressed its concern regarding discrimination against the Afro-Colombian population, the Committee requests the Government to provide information regarding the national policy and any practical measures adopted to promote the principle of equality in employment and occupation in respect of this population. The Committee would also be grateful if the Government would supply statistical information on the levels of training and income received by members of the Afro-Colombian population.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the communication dated 19 November 1996 submitted by the National Union of National Tourist Board's Workers (SNT) relating to alleged violations of the Convention by the Government in drawing up the General Tourism Act No. 300 of 30 July 1996. The SNT's communication claims that this Act, in particular sections 101, 102, 103 and 108, violates Article 1, paragraph 1(a), of the Convention, because it establishes a different statute for workers of the National Tourist Board in relation to the termination of employment contracts, pension rights and admission to other state bodies, since they have already received compensation for their dismissal. The Committee also notes the detailed information sent by the Government in relation to the SNT's communication. In particular, the Government points out that at no time does the text of the Act seek to nullify or impair equality of opportunity or treatment in employment or occupation.

2. In this respect, the Committee notes that it is not clear from the SNT's communication how the sections of Act No. 300 violate the principles of the Convention, since paragraph 1(a) of Article 1 of the Convention establishes seven specific criteria for discrimination likely to nullify or impair equality of opportunity or treatment in employment or occupation (race, colour, sex, religion, political opinion, national extraction or social origin) and none of the seven criteria for discrimination has been mentioned in the points raised in the SNT's communication. In these circumstances, the Committee considers that the questions raised by the SNT do not fall within the framework of the Convention.

3. Finally, the Committee notes with interest the adoption of Act No. 393 of 1997 on enforcement procedures, which can be brought by any person, physical or legal, whose interests have been harmed by the failure of a public authority to comply with a law or administrative act. The Committee would be grateful if the Government would inform it whether under this Act, cases can be brought for acts of discrimination in employment and occupation.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with satisfaction the adoption, following receipt of technical assistance from the Office, of Ministry of Labour and Social Security resolution No. 3716 of 3 November 1994 which restricts the requirement of a pregnancy test for obtaining employment in both the private and public sectors to employment or occupations where pregnancies might be at risk. It also notes with satisfaction the adoption of resolution No. 3941 of 24 November 1994 which specifies that such employment and occupations shall be only those listed as "high risk" in Decrees Nos. 1281 and 1835 of 1994. It also notes with interest the copy of the Ministry of Labour's circular, addressed to all regional labour directors and labour inspectors, recalling the importance of verifying compliance with the constitutional provisions on equality of opportunity between men and women, including the elimination of sex-based discrimination and sexual harassment.

2. The Committee also notes with satisfaction the Constitutional Court ruling of 21 April 1994 which declares unconstitutional the listing, by virtue of section 1 of Act No. 61 of 1987 on the career public service, of certain posts as exceptions to the career public service. The ruling refers, among others, to those exceptions raised in previous observations as being potentially discriminatory since they left a large number of general posts classified as "posts of free appointment and dismissal", namely subsection (j) concerning part-time posts; and subsections (f), (g) and (i) concerning the General Directorates of Customs and Taxes and public employees of state-run industrial and commercial establishments which were held to be constitutional subject to the condition that the posts do not, by their content, correspond to public career posts or that they refer to directorate-level posts or posts of confidence. According to the Government's report, this ruling clarifies that "posts of free appointment and dismissal" are only those at the directorate level or, exceptionally, those at other levels involving positions of trust. The effect of the ruling is that these posts have become posts of the career public service, and only those limited exceptions allowed by Article 1, paragraph 2 of the Convention remain subject to free appointment and dismissal.

3. With regard to its previous request for copies of any texts regulating access to and conditions of employment in certain posts excluded from the career public service, the Committee notes with interest Decree No. 1221 of 28 June 1993 concerning capacity building in the national public service and Decree No. 1222 of the same date (amended by Decrees Nos. 256 and 805 of 28 January and 21 April 1994) prescribing the rules for selection, promotion and evaluations in the career public service, which now cover those posts deemed to be within the career public service following the above-mentioned Constitutional Court ruling.

4. These texts have been adopted by virtue of new legislation which also has an impact on the Committee's previous observation. Act No. 27/1992, which entered into force on 3 February 1993, to amend the Career Public Service Act No. 61 of 1987 - and Decree No. 256 mentioned above - state that access to and capacity building and promotion within the public service shall take place through systems which allow for democratic participation in a context of equality of opportunities. According to section 2, the Act also extends the career public service system to those posts previously not covered, such as employees of territorial administrations. In addition, the Committee notes with satisfaction implementing Decree No. 1224 of 28 July 1993, which prescribes the steps to be taken by such state employees for entry into the career public service.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information contained in the Government's report in reply to its previous comments.

1. Application of the Convention in the national public service. For many years the Committee has been making comments on the possibility under the legislation of discriminatory measures - particularly on grounds of political opinion - liable to be used in appointments to the public service. The Committee recalls that by virtue of Decrees No. 2400 of 1968, amended by Act No. 61 of 1987, and No. 1950 of 1973, the power of free appointment and dismissal applies to many posts (for example, employees of the General Directorates of Customs and Taxes, public employees of State-run industrial and commercial establishments and part-time posts) and that this could lead to decisions being taken in an arbitrary manner, contrary to the Convention. The Committee notes with interest that the new Constitution of 1991 provides, in its article 13, that there can be no discrimination against workers on the grounds of sex, race, national or family origin, language, religion and political opinion or philosophy and requires, in its article 53, that the labour legislation which is to be adopted shall take into account certain fundamental principles, including equality of opportunity for workers. It also notes with interest article 125, paragraph 5, of the Constitution according to which political affiliation can in no way count in appointment to, advancement in or dismissal from the career public service. The Committee nevertheless notes that Act No. 61 of 1987 remains in force and that a large number of posts are therefore still excluded from the career public service and subject to free appointment and dismissal. It accordingly asks the Government to take measures to ensure that those posts subject to free appointment are limited to those higher posts involving special responsibility for the execution of government policy, as allowed by Article 1, paragraph 2, of the Convention, and to inform the Committee of any progress made in this respect.

In addition, the Committee notes that under section 1, paragraph 3, of Act No. 61 of 1987, the Government was to set rules concerning the selection, promotion and termination of employees of the General Directorates of Customs and Taxes which are excluded from the career public service. It requests the Government to supply copies of any texts which may have been adopted.

2. Application of the Convention at other levels of the public service. In previous comments, the Committee had noted, and the Government had acknowledged, that there had been cases of discrimination based on political opinion at the regional level of the public service. The Committee notes that under article 125, paragraph 1, of the 1991 Constitution "employment in State bodies and entities shall be career posts". It notes with interest the Government's statement that this means that the career public service has been opened up to extend to employment at the departmental and municipal levels, thus restricting the power of free appointment and dismissal available at those levels, and that the number of posts that could be listed as career posts has been increased. The Committee would be grateful if the Government would communicate with its next report copies of the laws or regulations which regulate the career public service at the departmental and municipal levels.

3. Discrimination on grounds of sex. In relation to the comments made by the Workers' Central Organization (CUT) in 1989 concerning practices which are discriminatory on grounds of sex, such as negative pregnancy testing before employing a woman, lower wages for women and absence of protection against sexual harassment, the Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is to issue a resolution expressly banning the requirement of a pregnancy test for obtaining employment and that it will send to labour inspectors a circular requiring them to make sure that there is no discrimination based on sex or sexual harassment. The Committee hopes that this resolution and the circular will be issued in the near future and requests the Government to furnish copies of them once they are adopted.

The Committee again expresses the hope that the Government will provide information on the practical effect given to Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination against women in employment and provides for measures of inspection and supervision in relation to education and training.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments and takes note of the Government's report received in January and November 1990.

1. Application of the Convention in the Public Service

In previous comments, the Committee has noted that by virtue of the provisions of the national legislation (Decrees Nos. 2400 of 1968 and No. 1950 of 1973) the power of free appointment and dismissal may be exercised by a large number of public servants and applies to many posts, and that this could lead to the adoption of decisions that are arbitrary and contrary to the Convention. The Committee takes note of Act No. 61 of 1987 transmitted by the Government, which, inter alia, issues rules on careers in the administration. Section 1 of this Act amending and supplementing Decree No. 2400, specifies the posts subject to free appointment and dismissal. The Committee notes that free appointment and dismissal still apply to a large number of posts and have been extended to those of rectors, vice-rectors and deans of universities and their secretariat staff, and to employees of the General Directorate of Customs and Taxes.

With regard to public employees in industrial and commercial state enterprises (section 1(i) of Act No. 61 of 1987) which are included in the category subject to free appointment and dismissal, the Committee duly notes that section 3 of Decree No. 1950 of 24 September 1973 defines public employees as persons holding the management posts or positions of trust specified in the statutes of such enterprises. The Committee wishes to point out that, even in the case of management posts or positions of trust, the appointment and dismissal of their holders should not automatically be freed from the protection against discrimination laid down in the Convention, particularly discrimination on grounds of political opinion.

The Committee notes in this connection that according to Report No. 259 of the Committee on Freedom of Association (Case No. 1465) (Executive Decrees No. 1044 of 1987 and No. 510 of 1988), 478 "official workers" were reclassified as public employees at Colombian National Railways and are therefore subject to free appointment and dismissal and consequently to possible discrimination contrary to the Convention. In this connection, the Committee refers to its General Survey of 1988 on Equality in Employment and Occupation, and particularly to the indications concerning the manner in which the terms of Article 1, paragraph 2, of the Convention should be applied, according to which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. As regards the public service in particular, it is admissible to take account of the political opinions of those concerned only in the case of certain higher posts which are directly concerned with implementing government policy.

In its previous observation, the Committee referred to the allegations of the United Central Workers' Organisation (CUT) that dismissals for political reasons are still occurring in the public sector owing to the absence of a true administrative career structure and that the relevant provisions in force are only applied at national level. The Committee notes the Government's statement in its report, that the administration is alert to the matter and has exercised strict control to avoid further dismissals of this nature which occur particularly at regional level. The Committee notes with interest the Circular of 28 June 1989 sent for this purpose by the Ministers of Government and Labour and Social Security to the heads of all provincial and local administrations.

The Committee also notes with interest Act No. 10 of 1990 to reorganise the National Health System and establish rules governing the administrative careers of personnel in the National Health system, including the provincial and local public health sectors. Section 27 of the Act provides that municipalities must apply the administrative career rules by 30 July 1991 at the latest, and the other levels of administration before 30 December 1990. The Committee notes the Government's statement that, pending the issuance of rules governing careers in local and provincial administrations for public employees in all other departments, municipalities and mayors shall apply to their employees the disciplinary system established for public employees in the national administration in Act No. 13 of 1984 and Regulatory Decree No. 482 of 1985.

The Committee requests the Government to report on measures taken or envisaged to limit the jobs subject to free appointment and dismissal at both national level and local levels of administration so as to prevent dismissals of a discriminatory nature and particularly dismissals on grounds of political opinion or affiliation. The Committee hopes that the Bill to establish an administrative career structure at levels other than the national level, to which the Government referred previously, will be adopted shortly and that the Government will continue to report on measures taken to eliminate discrimination in employment for political reasons, in conformity with the Convention.

2. Discrimination on grounds of sex

The Committee recalls the allegations of the CUT concerning practices which are discriminatory on grounds of sex: negative pregnancy test before employing a woman, lower wages of women in percentage terms and absence of protection against sexual harassment.

The Committee again requests the Government to provide information on the allegations submitted by the United Central Workers' Organisation and on any measures taken or envisaged to implement the Convention in respect of the matters raised, in particular on the practical effect given to the provisions of Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination in employment and provides for measures for inspection and supervision in this field.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee noted that Act No. 13 of 9 March 1984, respecting the disciplinary system, and Decree No. 583 of 1984, regulating special enrolment in the administrative careers system, apply to persons employed at the national level and it requested the Government to supply information on the measures that have been taken or are envisaged to ensure employees of departments and municipalities the protection of an administrative career and protection against dismissal, except for previously established breaches and following a special procedure as provided for in Act No. 13 and Decree No. 583 of 1984 for persons employed at the national level.

The Committee notes the Government's indications to the effect that departmental assemblies and municipal councils are competent to issue the corresponding rules for their jurisdictions, although it is probable that, in accordance with the fundamental objective of the Government to give the state administration an effective administrative career structure, the legislative body will regulate this structure at all levels.

The Committee requests the Government to continue supplying information on this matter and refers to the comments that it makes in its observation concerning the protection granted by the Convention against discrimination on grounds of political opinion or affiliation.

2. The Committee notes that the Ministry of Labour and Social Security has promoted the examination and analysis of particular situations which create conflicts and give rise to discrimination against women at work, and has prepared various proposals, among which are the creation of the Office of Labour and Social Security Affairs for Women (report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women, CEDAW/C/5/Add.32, of 21 January 1986).

The Committee requests the Government to indicate whether the Office of Labour and Social Security Affairs for Women has been set up and, if so, to supply information on the activities undertaken by it.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report and the comments submitted by the United Central Workers' Organisation (CUT) in a communication dated 3 March 1989 concerning the application of the Convention.

1. Discrimination for political reasons in the public service

In its previous comments, the Committee noted that posts in the public service are career administration posts or posts subject to "free appointment and dismissal" ("cargo de libre nombramiento y remoción", section 3 of Decree No. 2400 of 1968 and 18 of Decree No. 1950 of 1973) and that the latter posts can be declared abolished at any time "in accordance with the power held by the Government freely to appoint and dismiss its employees" (section 107 of Decree No. 1950 of 1973). The Committee also noted that for ten years, as a result of the declaration of the state of emergency, the Decrees on administrative careers had been suspended and all officials who entered the public service at that period were subject to "free appointment and dismissal".

When the state of emergency was lifted, the Decrees on administrative careers came back into force, but non-permanent posts continue to be subject to "free appointment and dismissal".

The Committee referred to section 3 of Decree No. 2400 and section 18 of Decree No. 1950, concerning the offices of "free appointment and dismissal", which include staff members of the secretariats of certain administrative authorities which perform auxiliary functions, part-time employees and those coming, inter alia, under the staff regulations of public establishments.

The Committee requested the Government to supply information concerning the authorities which exercise the power of "free appointment and dismissal" and concerning the number of employees in posts of this type.

With reference to the power of free appointment and dismissal, the Government indicates that this is exercised, firstly, by the President of the Republic, who appoints ministers, junior ministers, heads of administrative departments, superintendents, managers of national public establishments and governors. These in turn appoint employees who are subject to "free appointment and dismissal" in the bodies for which they are responsible.

With regard to declaring jobs abolished, the Government indicates that this is a manner of dismissing a public employee from his post, as a result of the wish of the administration, and that the latter is not obliged to give reasons for the act of declaring the post abolished, although there must exist just causes for its decision.

The Committee wishes to refer to paragraphs 112 et seq. of its 1988 General Survey on Equality in Employment and Occupation in which it indicates that "in the context of efforts to promote equality of opportunity and treatment in employment, the concept of security of tenure denotes in effect the guarantee that dismissal must not take place on discriminatory grounds, but must be justified by reasons connected with the worker's conduct, his or her ability or fitness to perform his or her functions ..."

The Committee notes that under the above provisions of the national legislation, the power of free appointment and dismissal can be exercised for a fairly large number of employees and can include a large number of posts. This broad discretional power to appoint and dismiss employees opens up the possibility of arbitrary decisions that are contrary to the Convention, without those affected being able to defend themselves effectively.

The Committee notes that the concerns that it has been expressing for several years in this connection coincide with the comments submitted by three national workers' organisations concerning the effect given in practice to the Convention.

In its comments set out in a communication dated 3 March 1989, the CUT alleges the existence in practice of discrimination for political reasons in the public service. Many workers have been dismissed from their posts when there have been political changes in the public authorities. By way of illustration, the CUT alleges that more than 100 workers, who did not belong to the political party of the Governor who was appointed in 1987, were dismissed in Sucre; more than 50 employees in the District Treasury and Health Secretariat were dismissed following changes in the political coalitions in the Council of Bogotá at the end of 1988 and many public employees in various municipalities in the Valle del Cauca were dismissed following the election of mayors in 1988.

The CUT states that the absence of a true administrative career structure and the use of the procedure of declaring jobs abolished (a procedure under which an official appointed to a post that is subject to "free appointment and dismissal" may be dismissed without giving reasons for so doing) facilitates a practice known as "patronage" and that the implementation of an administrative career structure appears to be a prerequisite for the eradication of such discriminatory practices.

In previous comments, the Committee referred to the same issues, which had been the subject of comments (on the application of the Convention) submitted by various workers' organisations; by the Workers' Union of Colombia (UTC) in 1979 and the General Confederation of Labour (CGT) in 1982.

The Committee notes that the allegations of the above organisations coincide in referring to the existence of discrimination on grounds of political affiliation in the public service, where posts are attributed on the basis of quotas reserved for the political leaders, the use of the procedure of declaring jobs abolished for this purpose and the urgent need to introduce an administrative career structure as a means of eradicating these practices.

The Committee requests the Government to examine the provisions respecting the power to freely appoint and dismiss in the light of the Convention so that decisions respecting the appointment and dismissal of employees are subject to objective criteria and guarantees that are explicitly set out in law and ensure the observance of the Convention, which is to protect workers against discrimination on grounds of political opinion.

The Committee also requests the Government to supply information on the distinction that exists between "public employees" and "official workers" and to specify employees who belong to one or the other category and the rules which are applicable to them.

The Committee hopes that the Government will supply detailed information on the questions that have been raised and on the allegations of the CUT concerning the dismissal of workers in the public sector in Bogotá, Sucre, Valle del Cauca (Candelaria, Roldanillo) and Antioquia. The Committee also hopes that the Government will supply information on the measures that have been taken or are envisaged to give effect to the Convention on these matters.

2. Discrimination on grounds of sex

The Committee notes the information contained in the report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.32) of 21 January 1986, according to which discrimination in employment on grounds of sex exists, due to the legislation that is in force and to cultural attitudes.

The CUT also refers in its comments to the existence in practice of discrimination on grounds of sex, since many enterprises in practice require a negative pregnancy test before employing a woman and since the wages of women in enterprises are lower in percentage terms. Furthermore, the CUT alleges that there is no protection against the sexual harassment to which women workers are subject in many cases, both for access to employment and for its maintenance, and to obtain promotion and transfers.

The Committee hopes that the Government will supply detailed information regarding the allegations submitted by the United Central Workers' Organisation and on the measures that have been taken or are envisaged to implement the Convention in relation to the matters that have been raised.