Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (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.