Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (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.