UPDATE OF WORST FORMS OF CHILD LABOR: COLOMBIA,

UNCLAS BOGOTA 000501 SIPDIS SIPDIS DEPT. PLEASE PASS TO DOL/ILAB FOR TINA MCCARTER, DRL/IL FOR TU DANG E.O. 12958: N/A TAGS: ELAB ETRD PHUM CA CO SUBJECT: UPDATE OF WORST FORMS OF CHILD LABOR: COLOMBIA, 2007 REF: STATE 158223 ¶1. Embassy Bogota's update of worst forms of child labor information request follows. ¶2. LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF CHILD LABOR INDICATORS: -What laws have been promulgated on child labor, such as minimum age(s) for employment or hazardous forms of work? Are there exceptions to the minimum age law? Colombia increased the minimum employment age to 15 years through the New Code on Children and Adolescents, enacted by law 1098, which it passed on November 8, 2006. This law supersedes previous provisions that allowed the Colombian Institute of Family Welfare (ICBF),under special circumstances, to make exceptions for some minors under age 15 to work. The law limits children's working hours. Children between 15 and 17 may work 6 hours per day and a maximum of 30 hours per week. Those between 17 and 18 may work 8 hours per day and a maximum of 40 hours per week. The law prohibits children under age 17 from working between the hours of 6 p.m. and 6 a.m. 17 year-olds may not work past 8 p.m. The law also bars minors from work that may harm their morality as well as work that is exploitative or hazardous. -What laws have been promulgated on the worst forms of child labor, such as forced child labor and trafficking or child prostitution and pornography? What is the country's minimum age for military recruitment? The Constitution prohibits slavery and servitude. It also bans human trafficking, and the law punishes trafficking of children under 18 with fines and 17 to 35 years incarceration. According to Decree 3966 of 2005, minors under 18 may not serve in the government armed forces or perform defense-related or intelligence activities. The law regards minors that participate in the country's hostilities as victims. Armed groups must place all minor recruits with ICBF in order to participate in the government's demobilization process. -If the country has ratified Convention 182, has it developed a list of occupations considered to be worst forms of child labor, as called for in article 4 of the Convention? The GOC ratified Convention 182 on Jan. 28, 2005, and Ministry of Social Protection (MSP) Resolution #4448, issued in 2005, identifies the worst forms of child labor that are prohibited for all minors under 18. Minors are cannot 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. Minors must also not work in conditions which have loud noises, strong vibrations, 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. 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; work in illegal or immoral situations; or between 8 p.m. and 6 a.m. Resolution #4448 allows the ICBF to authorize adolescents ages 16 and 17 to work at night under special circumstances but, according to the ILO-IPEC office in Colombia, the New Code on Children and Adolescents supersedes this provision and prohibits work between the hours of 6 p.m. and 6 a.m. for minors younger than 17 years old, and between 8 p.m. and 6 a.m. for those 17 years old. The ILO-IPEC Office will reconsider the provision of Resolution #4448 that allows ICBF to authorize 16 and 17 years olds to work after 8:00 p.m. as part of an upcoming review of the list of prohibited jobs, initiated by the MSP and under the framework of the Inter-institutional Committee for the Eradication of Child Labor. ¶3. REGULATIONS FOR THE IMPLEMENTATION AND ENFORCEMENT OF PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR. -What legal remedies are available to government agencies that enforce child labor laws (criminal penalties, civil fines, court orders),and are they adequate to punish and deter violations? Penalties for violating child labor laws can include fines and the temporary or permanent closure of violating establishments. Trafficking of children under 12 years of age is punishable by 20 to 35 years imprisonment. Inducing prostitution can result in 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. Crimes involving child pornography or the operation of an establishment in which minors practice sexual acts can carry a are punishment of 8 to 12 years incarceration and fines. 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. Posting child pornography on the Internet can result in fines and the cancellation or suspension of the web site. The law can penalize tourist agencies for involvement in child sex tourism by fines and the suspension or cancellation of their registration. Forced prostitution and sexual slavery related to the country's ongoing conflict are punishable by imprisonment from 13.3 to 27 years and fines. The recruitment of minors by armed groups in relation to the ongoing conflict carries punishments of 8 to 15 years in prison and fines. The commission of terrorist acts involving the participation of a minor is punishable by 16 to 30 years incarceration and fines. Individuals must report child labor law violations to MSP. Punishments for crimes involving illegal drugs, such as drug cultivation, manufacturing, and trafficking increase if the crimes involve a minor. - To what extent are complaints investigated and violations addressed? What level of resources does the government devote to investigating child labor cases throughout the country? How many inspectors does the government employ to address child labor issues? How many child labor investigations have been conducted over the past year? How many have resulted in fines, penalties, or convictions? The MSP conducts formal sector child labor inspections, with 277 inspectors. ICBF, the Ombudsmen's office, the Children and Adolescent Police, the Prosecutor General, and Family Commissioners enforce child labor laws. The National Police and Prosecutor General investigate and prosecute child trafficking and commercial sexual exploitation. The District Attorney's Office has a unit dedicated to trafficking, sexual violence and under-aged victims. Information is unavailable on how many investigations have been conducted over the last year, and how many resulted in fines, penalties, or convictions. -Has the government provided awareness raising and/or training activities for officials charged with enforcing child labor laws? The Inter-institutional Committee against Trafficking in Persons and various ministries have implemented 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. The Committee also maintains a database of trafficking cases and promotes collaboration between agencies. Colombian foreign missions and the National Police provide assistance to trafficking victims that includes referrals to the International Office of Migration's (IOM) repatriation services and information on legal protections. The Ministry of Education's (MEN) Policy Guide for Vulnerable Populations includes strategies to address child labor. 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. ¶4. WHETHER THERE ARE SOCIAL PROGRAMS SPECIFICALLY DESIGNED TO PREVENT AND WITHDRAW CHILDREN FROM THE WORST FORMS OF CHILD LABOR. -What initiatives has the government supported to prevent children from entering exploitative work situations, to withdraw children engaged in such labor, and to advocate on behalf of children involved in such employment and their families? These initiatives could include cash transfer programs that specifically target families with working children to enable children to leave work and enter school, establishment of shelters for child trafficking victims, or other programs. Since the focus of the report is on government efforts, reporting is requested on initiatives carried out either by the government or by NGOs, but with government support. (If possible, please provide information on funding levels for such initiatives.) 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. The National Police's program, &Colombia without Prostitution,8 uses family and community education to prevent the commercial sexual exploitation of children. 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. This project aims to withdraw 2,185 children from exploitative child labor and prevent 2,920 children from entering such work. 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. The Committee also maintains a database of trafficking cases and promotes collaboration between agencies. Colombian foreign missions and the National Police provide assistance to trafficking victims that includes referrals to the International Office of Migration's (IOM) repatriation services and information on legal protections. The GOC also participates in projects to combat child labor with the assistance of foreign governments and international organizations. The government participates in a USD 5.1 million, three-year USDOL-funded project implemented by Partners of the Americas and its associates to combat exploitative child labor by improving basic education. This project seeks to withdraw 3,663 children from their workplaces and prevent a further 6,537 children from entering the workplace. The Colombian Institute of Geology and Mining implements a project with UNDP to eradicate child labor in mining. 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. ICBF administers programs that provide services to former children soldiers and seek to prevent further recruitment of children by armed groups. These programs receive assistance from the United States and from several foreign governments and international organizations. The Ministries of Defense and Interior assist through the demobilization of child soldiers, who then go to the ICBF. The Colombian Government participated in a three-year, USD seven 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. The Inspector General began a project in 2007 to work with the mayors of capital cities and the governors of Colombia's departments to include children and adolescents in their municipal and departmental development plans. This includes developing indicators to track whether children and adolescents are meeting key goals and objectives related to staying in school and out of the work place. "Families in Action," the GOC's conditional cash transfer program, substantially increased school attendance and children's health for 700,000 families in extreme poverty. The GOC recently expanded the program to cover an additional one million impoverished families. The program follows a standard conditional cash transfer model to reduce poverty and build human capital. Impoverished families receive subsidies of USD 22 per month for taking their children for health check-ups and an additional USD 7-13 per month for each child in primary and secondary school. By reaching this at-risk population, the GOC has dramatically reduced the number of children who might otherwise have chosen to enter the workforce. ¶5. DOES THE COUNTRY HAVE A COMPREHENSIVE POLICY AIMED AT THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR? -Does the country have a comprehensive policy or national program of action on child labor or specific forms of child labor? Does the country incorporate child labor specifically as an issue to be addressed in poverty reduction, development, educational or other social policies or programs, such as Poverty Reduction Strategy Papers, etc. If so, to what degree has the country implemented the policy and/or program of action and achieved its goals and objectives? The GOC's National Development Plan, unveiled in July of 2007, establishes the eradication of exploitive child labor as a priority. The Plan for Childhood (2004-2015) contains provisions relating to child labor, including worst forms such as trafficking, recruitment into armed groups, and commercial sexual exploitation. The objectives of the Third Plan for the Elimination of Child Labor and the Protection of Working Youth 2003-2006 included increasing knowledge and awareness; changing cultural norms that promote child labor; improving legislation and public policy; and implementing strategies that address these problems. The GOC finalized its National Strategy for the Eradication of Child Labor for 2007-2015 at the end of 2007, and will unveil it in February ¶2008. The Inter-institutional Committee for the Eradication of Child Labor has conducted training; it also maintains a child labor information system. The MSP and the National University of Colombia worked to eradicate exploitive child labor through a media campaign, community and school education, and inter-institutional coordination. The GOC 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, instituting prevention programs, providing services to children, building institutional capacity, and boosting children's participation. The National Police's program, &Colombia without Prostitution,8 uses family and community education to prevent the commercial sexual exploitation of children. The government participated in a USDOL-funded ILO-IPEC regional project costing USD 5.5 million to combat child domestic labor and commercial sexual exploitation. This project, which ended in December, 2007, had a goal of withdrawing 1,747 children from exploitive child labor and preventing 2,584 children from entering such work. Similarly, Colombia participates in the US-DOL funded project for the elimination of child Labor run by Partners of the Americas. The ICBF currently works in 25 municipalities to identify and document children workers. MSP also helps to do this in twelve departments. In conjunction with the ILO, these entities work to develop a national database of child workers, which will facilitate targeting resources and services to the children that need them. -Is education free in law and in practice? Is education compulsory in law and in practice? Education is free, although students pay for school supplies and related items. Education is compulsory in law and practice until age 15. ¶6. IS THE COUNTRY MAKING CONTINUAL PROGRESS TOWARD ELIMINATING THE WORST FORMS OF CHILD LABOR? - In what sectors/work activities/goods are children involved and how has this changed over the past year. New information from the national statistics agency released in 2007, indicates that in 2005, approximately 11.6 percent of boys and 6 percent of girls ages 5 to 17 worked in Colombia. The majority of those children labored in the agricultural sector (37.1 percent),followed by commerce (32.01 percent),manufacturing (12.6 percent),services (8.69 percent) and other sectors (9.6 percent). -Please provide information on industries where child labor occurs as well as specific tasks in which children are involved and goods they produce, if available. Please also provide information on age and gender of working children, desegregated by industry/work activity/good, if possible. In urban areas, children work primarily in such sectors as commerce, industry, and services. In rural areas, children work primarily in agriculture and commerce. Many children work as domestic servants or in family businesses, often without pay. Children mine emeralds, gold, clay, and coal under dangerous conditions. Colombia's Department of National Statistics estimates that 8,733 children work in illegal mines. Some Colombian children harvest coca, most of which is used in the illegal drug trade. -To what extent are children working in slavery or practices similar to slavery, such as debt bondage, serfdom, and forced or compulsory labor? Please indicate industries where this occurs and, if applicable, specific goods that such children produce. Children in Colombia are recruited, sometimes forcibly, by insurgent and new criminal groups to serve as fighters in the country's ongoing conflict. Over the last year, the average age for deserters of Foreign Terrorist Organizations (FTOs) has gone down. The ILO office has received reports that some criminal groups have forced some children to perform forced labor. Many are forced to participate in and are victims of human rights violations such as torture and murder. Children also work in the cultivation of coca and opium and in the processing of illicit drugs using harsh chemicals. Reportedly, the government armed forces has used children as informants in some cases. -To what extent are children trafficked to work? Are children trafficked for commercial sex or for labor exploitation? If labor-related, what specific industries or for the production of what specific goods are children known to be trafficked? Are they trafficked across national borders or within the country (specify source, destination and transit countries/regions/communities, if possible). Many children are victims of commercial sexual exploitation, including pornography, prostitution, and sexual tourism. Colombia is a major source of girls trafficked for commercial sexual exploitation. An estimated 25,000 minors worked in the commercial sex trade in Colombia, according to a 2001 report by the Inspector General's Office, and Colombia is a major source of girls trafficked for the purpose of commercial sexual exploitation. Children are trafficked internally from rural to urban areas for sexual exploitation and forced labor. Brownfield