COLOMBIA CHILD LABOR INFORMATION FOR TRADE AND

UNCLAS BOGOTA 001123

SIPDIS

PASS TO DOL/ILAB FOR TINA MCCARTER AND
STATE DRL/ILCSR FOR TU DANG

E.O. 12958: N/A
TAGS: ELAB EING ETRD PHUM SOCI PGOV PTER CO
SUBJECT: COLOMBIA CHILD LABOR INFORMATION FOR TRADE AND
DEVELOPMENT ACT 2008 REPORT

REF: 08 STATE 127448



1. (U) The following is Embassy Bogota's update on
Colombia's efforts to implement its international commitments
to eliminate the worst forms of child labor, as required
under the Trade and Development Act (TDA) of 2000.


2. (U) LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF
CHILD LABOR INDICATORS:

-- (U) 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?

(U) Resolution 1677, passed on May 16, 2008, updated the
list of prohibited activities for children and adolescents.
The GOC and the International Labor Organization (ILO) signed
a three-year memorandum of understanding on May 8, 2008. In
the past year the GOC developed a new seven-year National
Strategy to prevent and eradicate the worst forms of child
labor and to protect young workers.

(U) 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, with the permission of a Work
Inspector. 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.

(U) A five-year National Plan of Action to prevent and
eradicate sexual exploitation of children was established in

2006.

-- (U) 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?

(U) 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.

(U) Under Law 747 of July 2002, forcing someone into
prostitution is punishable by five to nine years in prison
and a fine of up to 500 times the monthly minimum wage.
These penalties can be increased by up to one-half if the
victim is under 14 years of age, if the criminal planned to
take the victim out of the country, or if the criminal is a
family member. Penalties are also increased by one-third if
the victim is under 18 years of age. Child pornography in
any form is also criminalized with punishment of up to ten
years in prison and a fine of up to 1,000 times the monthly
minimum salary. These penalties increase by half if the minor
is 12 years or younger.

(U) Law 890 of 2004, which entered into force on January 1,
2005, increases trafficking penalties to 13 to 23 years in
prison and fines of up to 1,500 times the monthly minimum
wage. These penalties can increase by up to one-third if
aggravated circumstances exist, such as if the victim is a
minor (less than 18 years of age),the victim is mentally
challenged, or if the trafficker is a family member or public
servant. If the victim is under 12 years of age, the penalty
increases by half. Additional charges of illegal detention,
violation of the right to work in dignified conditions, and
violation of personal freedom can be charged.

(U) 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 from
illegal armed groups with ICBF in order to participate in the
government's demobilization process.

-- (U) 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?

(U) The GOC ratified Convention 182 through Law 704 of 2001.
The Ministry of Social Protection (MSP) Resolution 1677 of
May 16, 2008 identifies the worst forms of child labor that
are prohibited for all minors under 18. Among others, the
worst forms of child labor are defined as slavery,
trafficking children, recruiting children into armed
conflict, prostitution, pornography, participating in illegal
activities (particularly in the production of narcotics),and
any work that could harm the health, security, or morality of
a minor. Minors are not permitted to perform 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; 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 in positions that could cause
problems due to posture or excessive physical activity.
Minors may not work under conditions that may harm their
psycho-social 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.

(U) An exception to the above restrictions applies for
minors between the age of 15 and 17 who have completed a
technical training apprenticeship course from the National
Apprentice Service (SENA). Graduates of technical training
may freely exercise the occupation for which they were
trained, provided they receive authorization from a labor
inspector.


3. (U) REGULATIONS FOR THE IMPLEMENTATION AND ENFORCEMENT
OF PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR.

-- (U) 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?

(U) 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 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 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.

-- (U) 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?

(U) Under Decree 205 of 2003 and Resolution 951 of 2003, the
MSP's Special Unit of Inspection, Supervision, and Control
conducts formal sector child labor inspections, with 289
inspectors. The MSP is currently planning to hire an
additional 135 inspectors. The MSP program promotes
prevention and education as well as conducts site inspections
and maintains a database to identify evasion. 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. Information is unavailable on how many
investigations have been conducted over the last year, and
how many resulted in fines, penalties, or convictions.

-- (U) Has the government provided awareness raising and/or
training activities for officials charged with enforcing
child labor laws?

(U) The Interagency Committee for the Eradication of Child
Labor (Interagency Committee),composed of the MSP, the ICBF,
the Ministry of Education, and the Ministry of Planning --
with technical assistance from the ILO -- lead the national
efforts to prevent and eradicate child labor. The
Interagency Committee has sub-committees in each department
to educate relevant ministries and law enforcement personnel
of their responsibilities under the law.

(U) The Interagency Committee hosted national and regional
fora with new governors and mayors on child labor and other
children's rights topics. The Committee is also promoting
local officials' awareness of the National Strategy to
Prevent and Eradicate the Worst Forms of Child Labor
(2008-2015) and the National Action Plan for the Prevention
and Eradication of Commercial Sexual Exploitation of Boys,
Girls, and Adolescents less than 18 Years of Age (2006-2011).



4. (U) WHETHER THERE ARE SOCIAL PROGRAMS SPECIFICALLY
DESIGNED TO PREVENT AND WITHDRAW CHILDREN FROM THE WORST
FORMS OF CHILD LABOR.

-- (U) 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.)

(U) The GOC 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 program, "Colombia without
Prostitution," uses family and community education to prevent
the commercial sexual exploitation of children.

(U) The Interagency Committee implemented an intervention
and prevention program in 20 departments to reach 1800
children. The goal is to reach vulnerable groups like
afro-Colombians and the internally displaced and the
communities they live in to promote children's education and
to de-legitimize child labor. The Committee also released a
nation-wide media campaign on the negative consequences of
child labor. The GOC promotes the June 12 World Day Against
Child Labor, which is celebrated on national and local
levels.

(U) The interagency Committee for the Fight against
Trafficking in Persons has implemented various
anti-trafficking awareness-raising activities within
Colombia, including enclosing flyers about trafficking in
newly issued passports; installing information kiosks at
major airports; making presentations for at-risk school
children; and assisting with the development of departmental
and municipal anti-trafficking plans. The GOC, International
Organization for Migration, and some human rights
organizations hosted anti-trafficking websites with public
information on what services were available to victims of
trafficking (including the sites www.tratadepersonas.gov.co).

(U) 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.

(U) 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.


5. (U) DOES THE COUNTRY HAVE A COMPREHENSIVE POLICY AIMED
AT THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR?

-- (U) 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?

(U) The GOC has been actively addressing the problem of
child labor since 1995. The GOC's National Development Plan,
unveiled in July of 2007, establishes the eradication of
exploitative 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
GOC implemented its National Strategy for the Eradication of
Child Labor for 2008-2015 to increase knowledge and
awareness; change cultural norms that promote child labor;
improve legislation and public policy; and implement
strategies that address these problems. The Interagency
Committee has conducted training for teachers and government
officials and also maintains a child labor information
system. The Interagency Committee worked to eradicate
exploitative child labor through a media campaign, community
and school education, and interagency coordination.

(U) The Ministry of Education's Policy Guide for Vulnerable
Populations includes strategies to address child labor. The
Ministry of Defense developed an educational speakers program
for schools, which 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.

-- (U) Is education free in law and in practice? Is
education compulsory in law and in practice?

(U) Education is free, although students pay for school
supplies and related items. Education is compulsory in law
and practice until age 15.


6. (U) IS THE COUNTRY MAKING CONTINUAL PROGRESS TOWARD
ELIMINATING THE WORST FORMS OF CHILD LABOR?

-- (U) In what sectors/work activities/goods are children
involved and how has this changed over the past year.

(U) The GOC's National Statistics Agency (DANE) conducts a
child labor census every two years. The three latest
censuses show that child labor is decreasing. In 2003, 10.8
percent of children between 5-17 years old were working. In
2005 the number decreased to 8.9 percent, and in 2007, the
percentage decreased further to 6.9 percent (out of a total
population of 11,358,000 children aged 5-17). Approximately
783,000 children worked in 2007; 79.6 percent stated they
worked "to have their own money," "to work in the family
business," or to "help with the family's bills." The
majority of working children were aged 15-17. Nearly 50
percent of working children worked fewer than 24 hours a
week.

-- (U) 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.

(U) According to the 2007 child labor census, the majority
of working children worked in the illicit agricultural sector
(36.4 percent),followed by commerce (30.4 percent),and
manufacturing (11.6 percent). Only 3.6 of working children
worked in domestic service. Thirty-three percent worked in a
family business and received no payment.

(U) DANE reports that 285,267 children work in the
agricultural sector in Colombia, the majority of whom work on
illicit crops. The Colombian Human Rights Ombudsman reports
that 200,000 children work in the cultivation of illegal
coca. National Coordinator for the ILO's International
Program to Eliminate Child Labor (IPEC/ILO) reported that in
rural areas, and especially in indigenous-dominated areas of
Colombia, it is culturally acceptable for children to help
their families cultivate agricultural products such as
coffee, sugar cane, bananas, and plantains. IPEC/ILO tells
us there is no evidence of significant use of child labor in
the formal agricultural sector; the large-scale plantations,
which produce about 99% of Colombia's agricultural exports,
are inspected frequently.

-- (U) 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.

(U) Children in Colombia are recruited, sometimes forcibly,
by insurgent and new criminal groups to serve as fighters in
the country's ongoing conflict. 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 armed forces has used children as
informants in some cases.

-- (U) 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).

(U) Children are victims of commercial sexual exploitation,
including pornography and prostitution. 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. Still, we believe that sex trafficking is decreasing
due to stricter laws and enforcement as well as public
awareness campaigns.

BROWNFIELD