2006 Findings on the Worst Forms of Child Labor - Colombia

Selected Statistics and Indicators on Child Labor
Percent of children 5-14 estimated as working in 2001:10.4%984
Minimum age for admission to work:14985
Age to which education is compulsory:15986
Free public education:Yes987*
Gross primary enrollment rate in 2004:111%988
Net primary enrollment rate in 2004:83%989
Percent of children 5-14 attending school in 2001:90%990
As of 2003, percent of primary school entrants likely to reach grade 5:77%991
Ratified Convention 138:2/2/2001992
Ratified Convention 182:1/28/2005993
ILO-IPEC participating country:Yes994
* Must pay for school supplies and related items.

Incidence and Nature of Child Labor

In 2001, approximately 14.1 percent of boys and 6.6 percent of girls ages 5 to 14 were working in Colombia. The majority of working children were found in the services sector (49.9 percent), followed by agriculture (35.6 percent), manufacturing (12.6 percent) and other sectors (1.9 percent).995 The Colombian Family Welfare Institute (ICBF) estimates that about 80 percent of working children work in the informal sector.996 In urban areas, children work primarily in such sectors as commerce, industry, and services.997 In rural areas, children work primarily in agriculture and commerce.998 Many children work as domestic servants or in family businesses, often without pay.999 Children mine emeralds, gold, clay, and coal under dangerous conditions.1000 According to the Colombia Department of National Statistics and the Colombian National Mining Company (MINERCOL), estimates of children working in illegal mines range from 10,000 to 200,000.1001 Children are also used in the cultivation of coca and opium for illegal purposes and in the processing of illicit drugs using harsh chemicals.1002

Many children are victims of commercial sexual exploitation, including pornography, prostitution, and sexual tourism.1003 An estimated 25,000 minors work in commercial sex trade in Colombia, according to a report by the Inspector General's Office, and Colombia is a major source of girls trafficked for the purpose of commercial sexual exploitation.1004 Children are trafficked internally from rural to urban areas for sexual exploitation and forced labor.1005

Children in Colombia are recruited, sometimes forcibly, by insurgent and paramilitary groups to serve as combatants in the country's ongoing conflict. In fact, the average age for deserters from these armed groups has gone down, which suggests that younger children are being recruited.1006 Some children have been required to perform forced labor by guerrillas and paramilitaries.1007 Many are forced to participate in and are victims of human rights violations such as torture and murder.1008 Many girl combatants are subject to sexual exploitation by other group members.1009 Reportedly, children have been used by government armed forces as informants.1010

Child Labor Laws and Enforcement

The minimum employment age in Colombia was 14 years in 2006; however, ICBF may make exceptions for 12 and 13 year-olds under special circumstances.1011 Authorization from a labor inspector or other designated authority is required for minors to work.1012 The law limits children's working hours. Children between 12 and 14 may only work 4 hours per day; those between 14 and 16 may work 6 hours per day; and those between 16 and 18 may work 8 hours per day.1013 While night work is prohibited, 16- and 17-year-olds can work until 8 p.m. if authorized.1014 The law also prohibits minors from work that may harm their morality as well as work that is exploitive or hazardous.1015 A new law regulating conditions under which children can work was being developed as this report was being developed.

The 2005 Ministry of Social Protection (MSP) Resolution #4448 identifies the worst forms of child labor that are prohibited for all minors under 18. Minors are not permitted to perform most work related to: agricultural work destined for market, such as coffee, flowers, sugarcane, cereals, vegetables, fruits, tobacco, and livestock; fisheries; lumber; mining or work underground; industrial manufacturing and bakeries; utilities; construction, painting, and heavy equipment; transportation or warehousing; healthcare; defense and private security; and unskilled labor such as shoe-shining, domestic service, trash collection, messenger service, doormen, gardening, work in clubs and bars, and street sales.1016 Minors must also not work in conditions where there are loud noises, strong vibrations, rigorous environments, dangerous substances, poor lighting or ventilation, activities underground or underwater, biological or chemical materials, safety risks, or problems due to posture or excessive physical activity.1017 Also, minors may not work under conditions that may harm their psychosocial development, such as work without pay; work that interferes with schooling; work that keeps them separated from their families; work under despotic or abusive conditions; in illegal or immoral situations; or between 8 p.m. and 6 a.m., except for minors over age 16 (this exception is contrary to provisions in other laws).1018 Individuals must report child labor law violations to MSP.1019 Penalties for violating child labor laws can include fines and the temporary or permanent closure of violating establishments.1020 The ILO CEACR has requested clarification on exceptions in Resolution #4448 that allow adolescents ages 16 and 17 to work at night.1021

The Constitution prohibits slavery and servitude.1022 Human trafficking is prohibited, and trafficking of children under 18 is punishable by fines and 17 to 35 years incarceration. Trafficking of children under 12 years is punishable by 20 to 35 years imprisonment.1023 Inducing prostitution is punishable by 2.7 to 6 years incarceration and fines. Penalties for forced prostitution range from 6.7 to 13.5 years incarceration and fines. Penalties increase by one-third to one-half for both induced and forced prostitution if the victim is under 14 or if the crime involved international trafficking.1024 Crimes involving child pornography or the operation of an establishment in which minors practice sexual acts are punishable by 8 to 12 years incarceration and fines.1025 The use of the mail or the Internet to obtain or offer sexual contact with a minor is punishable by 6.7 to 15 years incarceration and a fine, with increased penalties if the victim is under 12.1026 Posting child pornography on the Internet is punishable by fines and the cancellation or suspension of the Web site.1027 Tourist agencies can be penalized for involvement in child sex tourism by fines and the suspension or cancellation of their registration.1028 Forced prostitution and sexual slavery related to the country's ongoing conflict are punishable by imprisonment from 13.3 to 27 years and fines.1029

Minors may not serve in the government armed forces or perform defense-related or intelligence activities.1030 The recruitment of minors by armed groups in relation to the ongoing conflict is punishable by 8 to 15 years in prison and fines.1031 The law regards minors that participate in the country's hostilities as victims.1032 The commission of terrorist acts involving the participation of a minor is punishable by 16 to 30 years incarceration and fines.1033 Armed groups must place all minor recruits with ICBF in order to participate in the government's demobilization process.1034 Punishments for crimes involving illegal drugs, such as drug cultivation, manufacturing, and trafficking are increased if the crimes involve a minor.1035

The MSP is responsible for conducting formal sector child labor inspections, with 276 inspectors.1036 However, according to the U.S. Department of State, the MSP does not have sufficient resources to enforce labor laws effectively.1037 ICBF, the Children and Adolescent Police, the Prosecutor General, and Family Commissioners are responsible for enforcing child labor laws.1038 The National Police and Prosecutor General investigate and prosecute child trafficking and commercial sexual exploitation.1039 The District Attorney's Office has a unit dedicated to trafficking, sexual violence and victims who are minors.1040

Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor

The Colombian Government's National Development Plan 2002-2006 establishes the eradication of exploitive child labor as a priority.1041 The Plan for Childhood (2004-2015) contains provisions relating to child labor, and to specific worst forms including trafficking, recruitment into armed groups, and commercial sexual exploitation.1042 The objectives of the Third Plan for the Elimination of Child Labor and the Protection of Working Youth 2003-2006 are to increase knowledge and awareness; change cultural norms that promote child labor; improve legislation and public policy; and implement strategies that address these problems.1043 The Inter-institutional Committee for the Eradication of Child Labor has conducted trainings; it also maintains a child labor information system.1044 The MSP and the National University of Colombia have worked to eradicate exploitive child labor through a media campaign, community and school education, and inter-institutional coordination.1045

The Government of Colombia also participates in projects to combat child labor with the assistance of foreign governments and international organizations. The government participates in a USD 3.5 million, 4-year USDOL-funded project implemented by World Vision to combat exploitive child labor by improving basic education. This project seeks to withdraw 2,081 children from hazardous agricultural labor and prevent a further 2,419 children from entering that work.1046 The Colombian Institute of Geology and Mining implements a project with UNDP to eradicate child labor in mining.1047 With support from ILO-IPEC and Canada, the government executed a child labor survey and contributed to the consolidation of the National Policy for the Prevention and Elimination of Child Labor.1048

ICBF administers programs that provide services to former children soldiers and seek to prevent further recruitment of children by armed groups.1049 These programs receive assistance from the United States and from several foreign governments and international organizations.1050 The Ministries of Defense and Interior assist through the demobilization of child soldiers, who are turned over to the ICBF.1051 The Colombian Government participated in a 3-year, USD 7 million, inter-regional ILO-IPEC project funded by USDOL to combat the involvement of children with armed groups. This project, which ended in 2007, sought to withdraw 5,264 children from child soldiering and prevent an additional 4,250 children from becoming child soldiers in seven countries, including Colombia.1052

The Government of Colombia has developed a National Plan of Action for the Prevention and Eradication of Commercial Sexual Exploitation of Boys, Girls, and Adolescents Less than 18 Years of Age (2006-2011). This plan establishes such objectives as generating information, developing and applying legislation, prevention, provision of services to children, institutional capacity building, and participation of children in the plan.1053 The National Police's program, "Colombia without Prostitution," uses family and community education to prevent the commercial sexual exploitation of children.1054 The government participates in a USDOL-funded ILO-IPEC regional project costing USD 5.5 million to combat child domestic labor and commercial sexual exploitation. The goal of this project is to withdraw 2,185 children from exploitive child labor and prevent 2,920 children from entering such work.1055

The Inter-institutional Committee against Trafficking in Persons and various ministries have implemented various anti-trafficking awareness-raising activities within Colombia, including enclosing flyers about trafficking in newly issued passports; installing information kiosks at major airports; producing short television ads and a daytime soap opera about trafficking; making presentations for at-risk school children; and assisting with the development of departmental and municipal anti-trafficking plans.1056 The Committee also maintains a database of trafficking cases and promotes collaboration between agencies.1057 Colombian foreign missions and the National Police provide assistance to trafficking victims that includes referrals to IOM repatriation services and information on legal protections.1058

The Ministry of Education's (MEN) Policy Guide for Vulnerable Populations includes strategies to address child labor.1059 The military distributes educational kits to schools in areas where children are at risk for recruitment into armed groups, and awareness-raising materials for children to prevent involvement in armed groups.1060


984 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates, October 7, 2005.

985 Government of Colombia, Código del Menor, Decree No. 2737, (November 27, 1989); available from http://www.icbf.gov/co/espanol/normatividad2.asp.

986 Government of Colombia, Constitución Política de Colombia de 1991, con reformas hasta marzo 2005, Article 67; available from http://www.georgetown.edu/pdba/.

987 Government of Colombia, Código de la Infancia y la Adolescencia, Ley 1098 of 2006, (August 29, 2006), Article 28; available from http://www.secretariasenado.gov.co/compendio_legislativo.htm. See also U.S. Department of State, "Colombia," in Country Report on Human Rights Practices – 2006, Washington, DC, March 6, 2007; available from http://www.state.gov/g/drl/rls/hrrpt/2005/61721.htm.

988 UNESCO Institute for Statistics, Gross Enrolment Ratio. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

989 UNESCO Institute for Statistics, Net Enrolment Rate. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

990 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates.

991 UNESCO Institute for Statistics, Survival Rate to Grade 5. Total, accessed December 18, 2006; available from http://stats.uis.unesco.org.

992 ILO, Ratifications by Country, accessed December 16, 2005; available from http://www.ilo.org/ilolex/english/newratframeE.htm.

993 ILO, IPEC Action Against Child Labor – Highlights 2006, [online] February 2007 [cited March 29, 2007]; available from http://www.ilo.org/iloroot/docstore/ipec/prod/eng/20070228_Implementati….

994 ILO, IPEC Action Against Child Labor – Highlights 2006, [online] February, 2007 [cited March 29, 2007]; available from http://www.ilo.org/iloroot/docstore/ipec/prod/eng/20070228_Implementati….

995 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates.

996 U.S. Department of State, "Country Reports – 2006: Colombia."

997 National Administrative Department of Statistics, Encuesta Nacional de Trabajo Infantil: Análisis de los resultados de la encuesta sobre caracterización de la población entre 5 y 17 años en Colombia, Bogota, November 2001, 55; available from http://www.ilo.org/public/spanish/standards/ipec/simpoc/colombia/report….

998 Ibid.

999 Ibid., page 125.

1000 ILO-IPEC, Diagnóstico sobre el Trabajo Infantil en el Sector Minero Artesanal en Colombia, Lima, 2001, 49, 50, 61 and 62; available from http://www.oit.org.pe/ipec/documentos/mineriacol.pdf.

1001 U.S. Department of State, "Country Reports – 2006: Colombia," Section 6d.

1002 U.S. Embassy – Bogotá official, Email communication to USDOL official, July 31, 2007. See also, IOM, Panorama sobre la trata de personas. Desafíos y Respuestas: Colombia, Estados Unidos y República Dominicana (Bogota: IOM, 2006), 20; available from http://www.oim.org.co/modulos/contenido/default.asp?idmodulo=7&idlibro=…. See also United Nations Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, Concluding Observations: Colombia, CRC/COL.CO/3, Forty-second session, June 8 2006, para 82 and 88; available from http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/7ca95bbddbe4f74c4125617b0052d….

1003 IOM, Panorama sobre la trata de personas., 18. See also Ministry of Social Protection, Informe especial sobre violencia contra la infancia en Colombia, Bogota, 2006, 231; available from http://www.minproteccionsocial.gov.co/entornoambiental/library/document… o1819.PDF. See also U.S. Department of State, "Colombia," in Trafficking in Persons Report – 2007, Washington, D.C., March 5, 2007; available from http://www.state.gov/g/tip/rls/tiprpt/2006/.

1004 U.S. Department of State, "Country Reports – 2006: Colombia," Section 5.

1005 U.S. Department of State, "Colombia (Tier 1)," in Trafficking in Persons Report – 2006, Washington, DC, June 5, 2006; available from http://www.state.gov/g/tip/rls/tiprpt/2006/. See also U.S. Department of State, "Country Reports – 2006: Colombia," Section 5.

1006 U.S. Department of State, "Country Reports – 2006: Colombia," Section 5, 6d. See also United Nations Committee on the Rights of the Child, Concluding Observations: Colombia, para. 80. See also Ministry of Social Protection, Informe especial sobre violencia contra la infancia en Colombia, 187-228. See also U.S. Embassy – Bogotá official, Email communication, July 31, 2007.

1007 U.S. Department of State, "Country Reports – 2006: Colombia," Section 5c.

1008 Human Rights Watch, You'll Learn Not to Cry: Child Combatants in Colombia, Washington, DC, September 2003, 68-77 and 88-98; available from http://www.hrw.org/reports/2003/colombia0903/.

1009 United Nations Committee on the Rights of the Child, Concluding Observations: Colombia, para. 80. See also Human Rights Watch, You'll Learn Not to Cry, 53-59.

1010 Coalition to Stop the Use of Child Soldiers, "Colombia," in Child Soldiers Global Report 2004, London, 2004 See also Human Rights Watch, You'll Learn Not to Cry, 102-103. See also United Nations Committee on the Rights of the Child, Concluding Observations: Colombia, para 80.

1011 Código del Menor, (November 27, 1989), Article 237-238; available from www.icbf.gov/co/espanol/normatividad2.asp.

1012 Ibid., Articles 238-239.

1013 Ibid., Article 242.

1014 Ibid.

1015 Ibid., Articles 245 and 246.

1016 Ministry of Social Protection, Resolución No 004448: por la cual se desarrolla la facultad contenida en el Código del Menor (December 2, 2005); available from http://www.minproteccionsocial.gov.co/MseContent/images/news/DocNewsNo6….

1017 Government of Colombia, Resolución No 4448: por la cual se desarrolla la facultad contenida en el numeral 23 del artículo 245 del Decreto 2737 de 1989 o Código del Menor, (December 2, 2005); available from http://www.minproteccionsocial.gov.co/MseContent/images/news/DocNewsNo6….

1018 Ibid.

1019 Código del Menor, Article 247.

1020 Ibid., Articles 262-263.

1021 ILO, Individual Direct Request concerning Night Work of Young Persons (Industry) Convention, 1919 (No. 6) Colombia (ratification: 1983), Geneva, 2007; available from http://www.ilo.org/ilolex/english/newcountryframeE.htm.

1022 Government of Colombia, Constitución Política de Colombia, Article 17.

1023 Ibid. See also Government of Colombia, Código Penal, with modifications, (July 24, 2000), Articles 188-A and 188-B; available from http://www.secretariasenado.gov.co/compendio_legislativo.HTM.

1024 Government of Colombia, Código Penal, with modifications, Art. 213, 214, and 216.

1025 Ibid., Articles 218.

1026 Ibid., Article 219-A.

1027 Government of Colombia, Decree 1524, (July 24, 2002), Articles 4 and 9; available from http://www.i-uris.com/leyes/dec/1524.htm. See also Government of Colombia, Law 679, (August 4, 2001), Articles 7 and 10; available from http://www.secretariasenado.gov.co/leyes/L0679001.

1028 Government of Colombia, Law 679, Articles 19-20.

1029 Government of Colombia, Código Penal, with modifications, Article 141.

1030 Government of Colombia, Resolución 004448, Article 1 and 9.1. See also Government of Colombia, Decreto 128 sobre política de reincorporación a la vida civil, (2003); available from http://www.presidencia.gov.co/prensa_new/decretoslinea/.

1031 Government of Colombia, Código Penal, with modifications, Article 162.

1032 Government of Colombia, Ley 782, (December 23, 2002), Article 15; available from http://www.altocomisionadoparalapaz.gov.co/juridicos/ley_782.pdf.

1033 Government of Colombia, Código Penal, with modifications, Articles 343 and 344.

1034 Government of Colombia, Ley 975, (July 25, 2005), Article 10; available from http://www.presidencia.gov.co/leyes/2005/julio/ley975250705.pdf. See also Government of Colombia, Decreto 4760 Por el cual se reglamenta parcialmente la ley 975 de 2005, (December 30, 2005), Article 3; available from http://www.altocomisionadoparalapaz.gov.co/noticias/2006/enero/document….

1035 Government of Colombia, Código Penal, with modifications, Articles 375 and 384.

1036 Código del Menor, Article 261. See also U.S. Department of State, "Country Reports – 2006: Colombia," Section 6d.

1037 U.S. Department of State, "Country Reports – 2006: Colombia," Section 6d.

1038 Código de la Infancia y la Adolescencia, Ley 1098 of 2006, (November 8, 2006), Articles 11, 79-95; available from http://www.secretariasenado.gov.co/compendio_legislativo.htm. See also Código del Menor, Article 288.

1039 National Agency for Police News, Operación "Patria 36 y 37", press release, Montería, June 2006; available from http://www.policia.gov.co/inicio/portal/portal.nsf/paginas/BoletinesdeP…. See also National Agency for Police News, Operación República 5, press release, Bogota, February 14, 2006; available from http://www.policia.gov.co/inicio/portal/portal.nsf/paginas/BoletinesdeP….

1040 Dimensiones de la trata de personas en Colombia, 28.

1041 National Planning Department, Plan Nacional de Desarrollo 2002-2006: Hacia un Estado Comunitario, Bogota, 2003, 209; available from http://www.dnp.gov.co/archivos/documentos/GCRP_PND/PND.pdf.

1042 Government of Colombia, Plan Decenal de Infancia (2004-2015) para Colombia, 20, 31, 33, 35-36, 40-41; available from http://www.icbf.gov.co/espanol/decenal.htm.

1043 ILO and Inter-institutional Committee for the Eradication of Child Labor and Protection of the Youth Worker, III Plan Nacional para la Erradicación del Trabajo Infantil y la Protección del Trabajo Juvenil 2003-2006, Bogotá, 2003, 51-52; available from http://www.oit.org.pe/ipec/documentos/3erplan03_06.pdf.

1044 U.S. Department of State, "Country Reports – 2006: Colombia," Section 6d.

1045 Center for Social Studies National University of Colombia, Informe sobre las acciones realizadas en el desarrollo del convenio interadministrativo 047 de 2005, Bogota, June 9, 2006, 3-4.

1046 World Vision, Combating Exploitive Child Labor Through Education in Colombia, project document, Washington, DC, 2005.

1047 ICBF, "PEPTIMA, un ejemplo para las comunidades mineras," Diálogos, July 2005, 8; available from http://www.oit.org.pe/spanish/260ameri/oitreg/activid/proyectos/ipec/do…. See also Maria del Pilar Gómez Herrera, "De la oscuridad de las minas a la luz de la fotografía," in Hechos del Callejón, Bogota: UNDP, October 2006, 18 and 20; available from http://indh.pnud.org.co/files/boletin_hechos/Boletin_hechos_del_callejo….

1048 ILO-IPEC official, Email communication to USDOL official, November 16, 2006.

1049 Colombian Family Welfare Institute, Servicios del Instituto Colombiano de Bienestar Familiar, [online] [cited October 8, 2006]; available from http://www.icbf.gov.co/espanol/general1.asp. See also, IOM and U.S. Agency for International Development Mission to Colombia, Post-Emergency Assistance to Displaced Groups, Receptor Communities and Vulnerable Populations Program, 22nd Quarterly Report, March 2006; available from http://pdf.usaid.gov/pdf_docs/PDACH020.pdf. See also, IOM, Programmes and Projects: Excombatant Children, [online] [cited January 9, 2006]; available from http://www.oim.org.co/modulos/contenido/default.asp?idmodulo=145.

1050 IOM, Programmes and Projects: Excombatant Children. See also IOM and U.S. Agency for International Development Mission to Colombia, Support Program for Ex-Combatant Children – Colombia, 20th Quarterly Report, March 2006, 3; available from http://dec.usaid.gov/index.cfm?p=search.getCitation&CFID=4892846&CFTOKE….

1051 Ministry of Defense, Reclutamiento de Menores: Otra agresión de los grupos ilegales contra la niñez colombiana, January 26, 2006; available from http://alpha.mindefensa.gov.co/index.php?page=181&id=3295.

1052 ILO-IPEC, Prevention and Reintegration of Children Involved in Armed Conflict: An Inter-Regional Program, project document, Geneva, September 17, 2003.

1053 ICBF-UNICEF-ILO-IPEC Fundación Renacer, Plan de acción para la prevención y erradicación de la explotación sexual comercial de niños, niñas y adolescentes menores de 18 años 2006-20011, Bogota, 2006, 43.

1054 ECPAT International CSEC Database, Colombia, accessed June 8, 2007; available from http://www.ecpat.net.

1055 ILO-IPEC, Prevention and Elimination of Child Domestic Labour (CDL) and of Commercial Sexual Exploitation of Children (CESC) in Chile, Colombia, Paraguay and Peru, project document, Geneva, September 8, 2004, 27.

1056 U.S. Embassy – Bogota, reporting, December 6, 2005. See also U.S. Department of State, "Trafficking in Persons Report – 2006: Colombia." See also Ministry of Communication, Qué es Internet Sano, [online] [cited October 10, 2006]; available from http://www.internetsano.gov.co/que_es.htm. See also National Police News Agency, "Que Nadie Dañe Tus Sueños", press release, August 9, 2006; available from http://www.policia.gov.co/__85256EA10053F753.nsf/0/AA9949A80C6E0D510525….

1057 U.S. Department of State, "Country Reports – 2006: Colombia."

1058 Ibid. See also U.S. Department of State, "Trafficking in Persons Report – 2006: Colombia."

1059 Ministry of Education, Lineamientos de política para la atención educativa a poblaciones vulnerables, Bogota, July 2005, 32-35; available from http://www.mineducacion.gov.co/cvn/1665/article-90668.html.

1060 Ministry of Defense, Reclutamiento de Menores. See also United Nations Committee on the Rights of the Child, Concluding Observations: Colombia, para 80.

Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.