Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (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.

Observation (CEACR) - adopted 2010, published 100th ILC session (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). Forced recruitment of children for use in armed conflict. In its previous comments, the Committee observed that, despite the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation and the measures taken by the Government to address the issue of forced recruitment of children for use in armed conflict, children were still being forced to join illegal armed groups or the armed forces.

The Committee notes the CTC’s and CUT’s comment that one of the reasons why the forced recruitment of children for use in armed conflict continues is that no dissuasive penalties have been inflicted on offenders. Moreover, enforcement agencies lack the necessary training as regards both the human rights of child victims of forced recruitment in armed forces and the protection that should be afforded by the State to children separated from illegal armed groups. The CTC and CUT also underline that dialogue with illegal armed groups to stop recruiting children under 18 years in armed conflict and to demobilize those currently recruited, is lacking.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 28 August 2009 (S/2009/434) (report of the Secretary-General), the Government of Colombia has adopted extensive measures to prevent the recruitment of children (such as developing an “early warning system” for monitoring imminent risks of violations of human rights and creating an inter-sectoral commission for the prevention of recruitment and use of children by illegal armed groups) and reintegrate former child victims of forced recruitment in illegal armed groups into their communities (paragraphs 52–72). Despite these measures, in the reporting period
(January–December 2008) illegal armed groups continued to recruit children for use in armed conflict. For example, in January 2008 a 16-year old child was recruited by the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC–EP) in Tame, department of Arauca; in May 2008, 40 members of the FACR–EP, half of them between 13 and 17 years of age, were seen in the department of Cauca; between February and March 2008, three 15-year-old indigenous girls were recruited by FARC–EP, two in Toribió, department of Cauca and one in the rural area of Pasto, department of Nariño. In August 2008, seven children who had been members of the Ejercito de Liberación Nacional (ELN) surrendered to the army in Cumbal, Nariño. Moreover, the illegal armed groups that emerged after the demobilization of the Autodefensas Unidas de Colombia (AUC) (such as Autodefensas Campesinas Nueva Generación, Aguilas Negras and Ejército Revolucionario Popular Antiterrorista de Colombia) reportedly continued to recruit children. Furthermore, both FARC–EP and ELN continued child recruitment campaigns in schools (paragraphs 15–22). In addition, some members of the armed forces continued to use children for intelligence activities. In February 2008, it was reported that the national police used a
12-year-old boy as an informant; the boy received death treats from FARC–EP and was eventually killed by an unidentified assailant (paragraph 23). It was also reported that, as a result of their forced recruitment for use in armed conflict, children suffered from serious violations by illegal armed groups and some individual members of the state forces, such as murder, injuries, abductions, rapes and other forms of sexual violence (paragraphs 27–51). Cases of children killed by FARC–EP and ELN were reported in the departments of Antioquia, Arauca, Guaviere, Huila, Meta, Nariño, Putumayo and Valle del Cauca. Cases were also reported of children being killed for refusing to join the illegal armed groups (paragraphs 27–29). Moreover, according to the Attorney-General’s Office, as of November 2008, among the 50 cases of extrajudicial executions under investigation, there are 51 child victims. In October 2008, a transitional commission was established to carry out an administrative investigation and to analyse the problem of extrajudicial executions: as a result, the President decided to dismiss 27 national army officers from service (paragraphs 34–35).

The Committee notes that, according to the report of the Secretary-General, estimates of the number of children participating in illegal armed groups range from 8,000 according to the Ministry of Defence, to 11,000 according to non‑governmental sources. As of December 2008, the Special Investigative Unit for Women, Adolescents and Children within the Attorney-General’s Office conducted investigations in 141 cases involving 634 child victims – 485 boys and 149 girls. Three guilty verdicts were handed down as of December 2008. Moreover, within the framework of the Justice and Peace Act No. 975 of 2005 (the law under which the members of demobilized self-defence groups are brought to trial), 2,133 child victims were identified. Out of the 3,284 former members of AUC who currently participate voluntarily in the depositions provided for by the Justice and Peace Act, 23 so far have confessed to the recruitment and use of a total of 654 children within their ranks, and the Attorney‑General’s Office is verifying 366 additional cases. However, less than 400 children were handed over in the collective demobilizations of AUC. According to the report of the Secretary-General, despite those positive advances, impunity for grave violations against children, as well as obtaining consolidated information and following up on convictions and proceedings, remain major challenges in Colombia (paragraphs 59–61).

The Committee observes that, despite the further measures taken by the Government, children are still being forced to join illegal armed groups. It once again expresses its deep concern at the persistence of this practice, especially as its leads to other grave violations of the rights of children, such as murder, sexual violence or abduction. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop in practice to the forced or compulsory recruitment of children for use in armed conflict and proceed with the full and immediate demobilization of all children. With reference to Security Council resolution 1882 of 4 August 2009, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee once again urges the Government to ensure that thorough investigations and robust prosecutions of offenders are undertaken and that sufficient effective and dissuasive penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests the Government to supply information in this regard.

Article 6. Programmes of action. Inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups. The Committee notes the Government’s information that the inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups was created by Decree No. 4690 of 2007. It is in charge of coordinating the actions of ten governmental institutions, each of which has responsibilities in prevention and recruitment. The Committee notes that, according to the report of the Secretary-General, as a result of the technical support provided by the inter‑sectoral commission in 50 municipalities in 26 departments, 40 municipalities and two departments adopted specific action plans to prevent child recruitment by illegal armed groups (paragraph 65). The Committee requests the Government to provide information on the implementation of the plans of action adopted to prevent the forced recruitment of children for use in armed conflict following the intervention of the inter-sectoral commission for the prevention of recruitment and the use of children by illegal armed groups.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Child soldiers. The Committee previously noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113 to 120), positive efforts were made by the Government in the demobilization of combatants from the AUC. It noted that 3,326 children previously associated with illegal armed groups benefited, through the Colombian Family Welfare Institute (ICBF), from the government initiative to prevent the recruitment of children by armed groups and reintegrate them into their communities.

The Committee notes the CTC’s and CUT’s observation that, notwithstanding the significant efforts of the ICBF to protect children separated from illegal armed groups, the programme should extend its geographical coverage. Moreover, the collaboration of the health, education, justice and labour sectors with the ICBF should be strengthened. Measures and strategies at the national level to adequately reintegrate child victims are lacking, especially as regards programmes aimed at promoting access to education for former child victims thus ensuring that their needs are taken into account and that they stay in schools or have access to vocational training programmes. Psychological assistance to child victims is also lacking.

The Committee notes that, according to the report of the Secretary-General, as of December 2008, the programme launched by ICBF assisted 3,876 children separated from illegal armed groups, of whom 2,146 were separated from FARC–EP, 1,042 from AUC, 538 from ELN and 150 from other groups. Of that number, 73 per cent were boys and 27 per cent were girls. During the reporting period (January–December 2008) the ICBF data indicates that a total of 314 children were separated from FARC–EP, 65 from ELN and 13 from the Ejército Revolucionario Guevarista. In addition, 23 children were separated from other groups, including the Autodefensas Campesinas Nueva Generación, Aguilas Negras and Rastrojos. In August 2008, the Ejército Revolucionario Guevarista handed over seven children to the ICBF. The number of children separated from illegal armed groups was greater in 2008 than in 2006 and 2007
(paragraphs 67–70). The Committee notes that, according to the report of Colombia of 21 October 2009 submitted under article 8 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC/C/OPAC/COL/1), the model implemented by ICBF for the protection of children and young persons demobilized from illegal armed groups was strengthened between 1 June 2006 and 31 May 2007 and now involves four distinct phases: identification and diagnosis, treatment, consolidation, and monitoring and follow-up. Each of the four phases entails specific action to restore rights through assistance provided through transition homes, specialized care centres, juvenile centres, foster families or family-based support systems. As of 30 June 2008, 516 children were in this programme (paragraphs 258–264). The Committee strongly encourages the Government to continue its efforts to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to continue to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of these measures.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first and second reports and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child Labour. Clause (a). Sale and trafficking of children. The Committee notes that section 188-A(1) of the Penal Code, as amended by Act No. 985 of 2005, provides for penalties to be imposed on anyone found guilty of procuring, transporting, receiving or accommodating a person, inside or outside national territory, for the purposes of exploitation. Under section 188-A(2), exploitation includes, in particular, obtaining financial gain or any other benefit, for oneself or for another person, by exploiting the prostitution of another person, through forced labour or services, slavery or similar practices, bondage, the exploitation of begging by another person, sex tourism or other forms of exploitation. Under section 188-A(3), consent given by a victim of trafficking cannot be considered as grounds for exoneration from criminal liability.

The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of February 2007 on the report by Colombia (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 recommended that the Government intensify its efforts to combat all these forms of trafficking. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 on the third periodic report by Colombia (CRC/C/COL/CO/3, paragraphs 86 and 87), welcomed the measures taken by the country to combat the trafficking of children, in particular the reinforcement of the Penal Code. However, the Committee expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking, the unequal enforcement of the law and the deficiencies in the campaign against trafficking in the country. It recommended the Government, in particular, to adopt the necessary measures and implement them effectively in order to ensure equal enforcement of the law.

Finally, the Committee notes that, according to the information available to the Office on the ILO/IPEC project entitled “Prevention and elimination of child domestic labour and of commercial sexual exploitation of children in Chile, Colombia, Paraguay and Peru”, which ended in December 2007, the trafficking of children under 18 years of age, particularly for sexual exploitation, exists in Colombia. The Committee expresses great concern with regard to the convergence of information confirming the existence of the trafficking of children in the country, which appears to be on a substantial scale. The Committee therefore requests the Government to step up its efforts to ensure the protection of young persons under 18 years of age against the sale and trafficking of children for sexual and economic exploitation. In this regard, it requests the Government 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 notes that, under sections 213 and 214 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, which amends certain provisions of the Penal Code relating to offences of sexual abuse (Act No. 1236 of 23 July 2008), anyone who, with the intention of financial gain or to satisfy the desires of another person, incites or obliges a person to engage in prostitution will be penalized. It also notes that section 217 of the Penal Code, as amended by Act No. 1236 of 23 July 2008, lays down penalties for anyone who provides, rents, maintains, manages or finances a house or establishment for sexual acts involving minors.

The Committee notes 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 the victims of commercial sexual exploitation. Using them for prostitution is the most common form of sexual exploitation in the country. According to these studies, even though the national legislation contains provisions incriminating the use, procuring or offering of a child for prostitution, its application in practice is not effective. The Committee also notes 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. The Committee recommended, in particular, that the Government adopt and implement the necessary measures to ensure the effective enforcement of the law and the avoidance of impunity.

The Committee is concerned at the statement that a large number of children are the victims of commercial sexual exploitation in the country, particularly prostitution, and risk being regarded as criminals. It therefore requests 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 requests the Government to supply information in this regard, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims and not as criminals. Finally, the Committee requests the Government to indicate whether their national law contains provisions incriminating the client in cases of prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, under section 382 of the Penal Code, the production and trafficking of drugs or other illicit or psychotropic substances are prohibited and subject to penalties. It also notes that, under section 384 of the Penal Code, using a child to commit a crime covered by section 382 constitutes an aggravating circumstance with regard to the penalty imposed. The Committee points out 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”). The Committee is concerned at the information to the effect that children are being used for picking coca leaves and being forced into trafficking drugs. It therefore 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.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Child domestic labour. The Committee notes with interest the adoption of resolution No. 1677 of 20 May 2008 which determines the activities considered as the worst forms of child labour or as hazardous work and the activities whose working conditions are harmful to the health, safety or morals of persons under 18 years of age. It duly notes that this resolution contains a detailed list of the types of hazardous work prohibited to boys, girls and young persons under 18 years of age. It notes 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 notes 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 are engaged in domestic labour in the country, most of them girls. In view of the statistics which demonstrate the existence of child domestic labour in practice, the Committee 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 effective and deterrent penalties are imposed on them. It request the Government to supply information in this regard.

Article 6. Programmes of action. The Committee notes the drawing up of the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, involving various government bodies and employers’ and worker’ organizations. It also notes that the National Strategy aims to drastically reduce child labour between 2008 and 2015. National programmes and projects for the prevention and elimination of the worst forms of child labour will be formulated and implemented. Among other things, they will be aimed at boys, girls and young persons who are the victims of sexual exploitation or who are engaged in prohibited work in small-scale mining, commercial agriculture or street trading. The objective will be to remove these children from these worst forms of child labour and provide them with education and their families with social services so that the children concerned do not return to these worst forms of child labour. The Committee requests the Government to supply information on the implementation of national programmes and projects on the prevention and elimination of the worst forms of child labour, specifically those covered by the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, and on the results obtained.

Article 7, paragraph 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 notes 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. Among other things, the CRC recommended that the Government:

(a)   develop a national education strategy based on the rights of the child;

(b)   increase efforts to eliminate discrimination in access to education by ensuring the actual abolition of enrolment fees and other costs in order to counteract high dropout and low completion rates;

(c)   provide further resources and conduct prior consultations with indigenous communities in order to design and effectively provide them with bilingual and culturally sensitive education;

(d)   effectively monitor discrimination against female students who are expelled on grounds of pregnancy;

(e)   put an immediate stop to the occupation and use of schools by the national armed forces; and

(f)    refrain from involving children in any military activities.

The Committee notes 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 secondary level, 64 per cent for girls and 58 per cent for boys. The Committee notes the detailed information provided by the Government on the measures taken in the field of education. Despite the Government’s efforts, the Committee expresses its concern at the secondary-school attendance rate, which is relatively low. It notes that, in the context of implementing the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, educational measures will be adopted. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to intensify its efforts to improve the functioning of the education system, particularly by increasing the secondary school attendance rate and reducing the school dropout rate, with particular attention paid to girls. It requests the Government to supply information on the results obtained.

Clause (b). Assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes 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 the sexual exploitation and trafficking of children, expressed concern at the high and rising number of children who are the victims of sexual exploitation and trafficking. The CRC recommended that the Government: (a) undertake further in-depth studies on the sexual exploitation of children in order to assess its scope and root causes and enable effective monitoring and measures to prevent, combat and eliminate it; (b) provide adequate programmes of assistance and reintegration for children who have been the victims of sexual exploitation and trafficking.

The Committee duly notes that, according to the information available to the Office on the ILO/IPEC project on child domestic labour and commercial sexual exploitation of children which ended in December 2007, some 220 children, both girls and boys, were affected by the project in the cities of Bogotá and Medellín. Furthermore, a large number of children have benefited from this project through the provision of services such as nutrition, legal advice or psychological assistance. The Committee also duly notes 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 strongly encourages the Government to continue its efforts to combat commercial sexual exploitation and requests it to supply information on effective time-bound measures taken, particularly in the context of ESCNNA, to remove children from this worst form of child labour. Moreover, the Committee requests the Government to supply information on planned economic alternatives and also on steps taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

2. Child labour in small-scale mining. The Committee duly notes the information communicated by the Government on the programmes for the support of families living in remote rural areas. In this regard, it notes in particular that these programmes have enabled the Colombian Family Welfare Institute (ICBF) to remove a number of children from small-scale mines. The Committee also notes that, with regard to 2008, projects will be implemented in 27 municipalities where child labour in small-scale mines exists. The Committee requests the Government to supply information on the time-bound measures taken, in the context of projects for families who live in remote rural areas, to remove children from small-scale mines. It also requests the Government to provide information on specific measures taken to ensure the rehabilitation and social integration of any children removed from small-scale mines.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes 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 has 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. Among other things, the CRC recommended that the Government:

(a)   carry out a comprehensive study to assess the scope, nature and causes of the presence of street children and youth gangs (pandillas) in order to develop a comprehensive prevention strategy;

(b)   provide street children with rehabilitation and social reintegration services, particularly though preventive awareness-raising activities, taking due account of gender aspects, and with decent nutrition and housing, essential medical care and educational opportunities; and

(c)   develop a policy for family reunification where possible and in the best interests of the child.

The Committee expresses concern at the large number of street children and reminds the Government that these children are particularly vulnerable to the worst forms of child labour. It therefore encourages the Government to adopt effective and time-bound measures to protect street children from the worst forms of child labour and requests it to supply information on the measures taken in this regard. The Committee also requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of children who have actually been taken off the streets.

2. Children belonging to indigenous and minority groups. The Committee notes that, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 94 and 95), the CRC welcomed the legislative measures taken to recognize ethnic diversity, autonomy and collective land rights of minorities, in particular the Afro-Colombian and indigenous peoples. However, the CRC noted that in practice the above groups face serious challenges and obstacles to the enjoyment of their rights. In particular, the CRC is concerned at the threats against indigenous leaders, the over-representation of ethnic minority children among those displaced, victims of landmines and those recruited by force by illegal armed groups. The Committee notes with concern that, despite positive action measures provided for in the legislation, children of ethnic minorities are victims of social exclusion and racial discrimination. Noting that children belonging to indigenous and minority groups, such as the Afro-Colombian people, are often victims of exploitation, which takes on a great variety of forms, and are a group at risk of being involved in the worst forms of child labour, the Committee requests the Government to take the necessary steps to protect these children, particularly by adopting measures to reduce their vulnerability. To this end, it particularly requests the Government to take measures to ensure the effective exercise of the rights of children belonging to indigenous and minority groups, particularly in the area of education.

3. Child domestic labour. With reference to the statistics noted under Articles 3(d) and 4, paragraph 1, of the Convention, the Committee notes 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. 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.

Article 8. Enhanced international cooperation. The Committee notes that Colombia is a member of Interpol, an organization which assists cooperation between the countries of different regions, particularly in the fight against child trafficking. It also notes 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 poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee 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. The Committee notes the statistics on child labour for 2005 from the National Department of Statistics supplied by the Government in its report. It notes that, according to the statistics, 1,058,810 children between 5 and 17 years of age (709,321 boys and 349,489 girls) are working in the country. The main areas of child labour are agriculture (393,058), trade (338,985), industry (132,842), services (92,030), transport and communications (46,418), construction (27,198), real estate (19,544), mining and quarrying (8,733) and other activities (52). The Committee notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraph 82), expressed concern at the high number of child victims of economic exploitation, who are estimated to exceed 1.5 million and the majority of whom work under dangerous or degrading conditions, particularly in mining or as agricultural labourers in coca plantations. The Committee notes that these data are principally concerned with hazardous work, one of the worst forms of child labour, but do not relate to the other worst forms, such as the sale and trafficking of children or their recruitment for armed conflict, prostitution or illicit activities. The Committee therefore requests the Government to consider the possibility of undertaking a comprehensive evaluation of these worst forms of child labour in order to have an overview of the extent of child labour, and of its worst forms, in the country. It requests the Government to supply information in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced recruitment of children for use in armed conflict. The Committee notes that section 13 of Act No. 418 of 1997, as amended by section 2 of Act No. 548 of 1999, prohibits the enlistment of minors under 18 years of age into the armed forces. However, it notes that no penalties are laid down for violations of this prohibition. It also notes that, under section 14 of Act No. 418 of 1997, anyone who recruits minors under 18 years of age with a view to incorporating them into insurgent or self-defence groups, encourages them or allows them to join these groups or, to that end, provides them with military training, shall be liable to prosecution.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113–120), the Government of Colombia, through the Colombian Family Welfare Institute (ICBF), has made efforts to prevent the recruitment of children and, where applicable, reintegrate them into their communities. However, according to the report, the Colombian Revolutionary Armed Forces (FARC) continue to recruit and use children. Cases have been reported in the departments of Cauca, Antioquia, Sucre, Bolivar, Cundinamarca, Guaviare, Meta and Nariño. In Corinto in the department of Cauca, members of the FARC frequently visit schools to persuade children to join their ranks. Furthermore, the National Liberation Army (ELN) continues to recruit children, even though it is currently in talks with the Government and the National Council for Peace has asked it to cease this practice and immediately release all children from its ranks.

The Committee also notes that, according to the report of the United Nations Secretary-General, children have been used by government armed forces for intelligence purposes despite official government policy to the contrary. On 6 March 2007, the Colombian Ministry of Defence issued Directive No. 30743, prohibiting all members of the armed forces from using children for intelligence activities, especially children recovered from illegal armed groups. However, the Ombudsman’s Office (Defensoría del Pueblo) reported that in Cauca a child demobilized from the FARC was used by the XXIXth Brigade as an informant for the armed forces in a military operation. Children have reportedly been forced by the national army to carry equipment for them. Moreover, armed forces operating in certain regions are said to have children with food in exchange for cleaning and maintaining their weapons. The Ombudsman’s Office continues to report children being held for unauthorized periods in police stations, army battalions or judicial police premises.

The report also refers to violations and abuses committed against children by new organized illegal armed groups. These groups, such as the Aguilas Negras, Manos Negras, Organización Nueva Generación or the Rastrojos, are extensively involved in criminal activities related especially to drug trafficking. In June 2007, the Aguilas Negras were reported to have forced children to join their ranks in Cartagena in the department of Bolivar. The other three groups mentioned above are also reported to have recruited and used children from Valle de Cauca, Bolivar (Cartagena) and Antioquia (Medellín).

Furthermore, the United Nations Secretary-General states in his report that the National Institute for Forensic Medicine certified that in the reporting period 37 children (13 girls and 24 boys) were killed and 34 children (four girls and 30 boys) were allegedly injured by government security forces. According to the Office of the United Nations High Commissioner for Human Rights (OHCHR), nine cases have been filed with the judicial police. Extra-judicial executions by some members of the government security forces have also been reported. Children have also been abducted, killed or injured by illegal armed groups. From October 2006 to May 2007, approximately 43 children were reported to have been held hostage and others killed. Rape and other forms of sexual violence and exploitation by illegal armed groups and some members of the state forces are also said to be continuing.

The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the third periodic report of Colombia of June 2006 (CRC/C/COL/CO/3, paragraphs 80 and 81), expressed its deep concern at the grave consequences of the internal armed conflict on children in Colombia, causing them serious physical and mental injury and denying them the enjoyment of their most basic rights. The CRC is concerned at: (a) the large-scale recruitment of children by illegal armed groups for combat purposes and also as sex slaves; (b) the use of children by the army for intelligence purposes; and (c) the general lack of adequate transparency in consideration of aspects relating to children in the negotiations with illegal armed groups, resulting in ongoing impunity for those responsible for the recruitment of child soldiers. In order to improve the situation of children affected by the internal armed conflict, the CRC made various recommendations to the Government, including: (a) never to use children for military intelligence purposes, as this places them at the risk of reprisals from illegal armed groups; and (b) to take due account, in peace negotiations with illegal armed groups, that former child soldiers are victims and that the recruitment of children is a war crime for which these groups are accountable.

The Committee notes that, despite the measures taken by the Government and the prohibition on the forced or compulsory recruitment of children for use in armed conflict laid down by the national legislation, children are still being forced to join illegal armed groups or the armed forces. It is deeply concerned at the persistence of this practice, especially as its leads to other violations of the rights of children, such as abduction, murder or sexual violence. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop in practice to the forced or compulsory recruitment of children for use in armed conflict and proceed with the full and immediate demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to ensure that investigations and prosecutions of offenders are undertaken and that effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests the Government to supply information in this regard.

Article 6. Programmes of action. The Committee notes the drawing up of the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, involving various government bodies and employers’ and workers’ organizations. It also notes that the National Strategy aims to drastically reduce child labour between 2008 and 2015. National programmes and projects for the prevention and elimination of the worst forms of child labour will be formulated and implemented. They will be aimed at all young persons who are the victims of forced recruitment into the illegal armed groups. The objective will be to withdraw these children from this worst form of child labour and remove any risk of their returning to it by providing them with education and their families with social services. The Committee requests the Government to supply information on the implementation of national programmes and projects for the prevention and elimination of the forced recruitment of children into illegal armed groups adopted under the “National Strategy for preventing and eliminating the worst forms of child labour and protecting young workers (2008–15)”, and on the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. Child soldiers. The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict of 21 December 2007 (A/62/609-S/2007/757, paragraphs 113 to 120), positive efforts have been made by the Government in the demobilization of combatants from the United Self-Defence Forces of Colombia (AUC). The report also states that 3,326 children previously associated with illegal armed groups have benefited, through the Colombian Family Welfare Institute, from the government initiative to prevent the recruitment of children by armed groups and reintegrate them into their communities.

The Committee also notes that the CRC, in its concluding observations of June 2006 (CRC/C/COL/CO/3, paragraphs 80 and 81), noted with satisfaction that educational kits have been distributed to schools in heavily affected conflict areas by the army, and that certain measures have been taken to improve the reintegration and rehabilitation of demobilized child soldiers. However, the CRC considers that a number of important measures for demobilized and captured child soldiers are still lacking and notes with concern that: (a) captured and demobilized child soldiers are subjected to interrogation and the armed forces do not comply with the 36-hour deadline established by law for handing them over to the civilian authorities; (b) children are used by the army for intelligence purposes; and (c) rehabilitation, social reintegration and compensation available for demobilized child soldiers are inadequate. The CRC made a number of recommendations to the Government, including that it should substantially increase the resources for rehabilitation, social reintegration and reparations available to demobilized child soldiers as well as for child victims of landmines.

The Committee notes that the Government has participated in the ILO–IPEC interregional programme on the prevention of child recruitment and the reintegration of children involved in armed conflict, which ended in 2007. According to the information available to the Office, more than 650 children have been prevented from becoming involved in the conflict and more than 560 have been removed from it. The Committee strongly encourages the Government to continue its efforts and take steps to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to supply information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities as a result of these measures.

The Committee is also raising a number of other points in a direct request to the Government.