Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), received on 31 August 2025. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), and the International Organisation of Employers (IOE), received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. Race, colour. The Committee notes the information provided by the Government in its report, according to which, in 2024–25: (i) the overall activity rate of the indigenous population was 66 per cent, with an employment rate of 61 per cent and an unemployment rate of 7.5 per cent. The activity rate of indigenous women reached 55.7 per cent compared to 76.9 per cent for men, and as a whole the indigenous population was occupied mainly in agriculture, livestock, hunting, forestry and fishing (33.2 per cent), manufacturing industries (18.4 per cent), vehicle trade and repair (10.9 per cent), public administration, defence, education and health (7.9 per cent) and artistic, recreational and service activities (6.6 per cent); and (ii) with regard to the Black, Afro-descendant, Raizal and Palenquero (NARP) population, the overall activity rate was 64.7 per cent, with an employment rate of 56.6 per cent and an unemployment rate of 12.6 per cent. The activity rate of NARP women was 53.4 per cent compared with 77.1 per cent of men, and as a whole the NARP population was occupied mainly in agriculture, livestock, hunting, forestry and fishing (19.8 per cent), vehicle trade and repair (15.5 per cent), public administration, defence, education and health (10.5 per cent) and artistic, recreational and service activities (10.3 per cent). The Committee notes with concern the Government’s indication that the measures taken against the impact of the COVID-19 pandemic did not significantly reduce the structural gaps among ethnic and racial groups in the labour market, and that in many cases the labour conditions for these peoples deteriorated or was stable. It also notes that: (i) in 2021, the average monthly income for Afro-descendant households was 52 per cent lower than that of non-ethnic group households (862,501 Colombian pesos compared to 1,310,084 pesos), while that of indigenous households was even lower (521,849 pesos); and (ii) only 19.3 per cent of the Afro-descendant population and 10.3 per cent of the indigenous population reached the universal level or higher, compared to 27.6 per cent of the non-ethnic population. The Government indicates that the measures adopted include Act No. 2666 of 2025 (Labour Reform), which enshrines protection against work-related discrimination on the grounds of race or ethnicity, making it mandatory for employers to establish clear and effective mechanisms for the protection of these vulnerable groups, as well as the labour inclusion strategy implemented by the Public Employment Service.

With regard to cases of discrimination on grounds of race and colour in employment and occupation, the Government reports that between 2022 and 2025, the labour inspectorate registered 73 cases and that only one fine was imposed, which has been enforced. The Committee also observes that the United Nations Human Rights Committee was “concerned at the persistent structural and historical discrimination suffered by members of Indigenous Peoples and communities of persons of African descent, which manifests in high rates of poverty and social exclusion among those groups in comparison with the rest of the population” (CCPR/C/COL/CO/8, 4 September 2023, para. 10). The Committee requests the Government to continue to provide information on: (i) the impact of the measures adopted, including Act No. 2666 of 2025 and the labour inclusion strategy, on the activity of indigenous persons and persons belonging to NARP communities in the labour market, and on the reduction of the gaps identified; and (ii) the number of cases of racial discrimination in employment and occupation handled by the labour inspectorate and other competent authorities, including the penalties imposed and compensation awarded.

Persons with disabilities. The Committee notes with interest the adoption of various legislative measures by the Government: (i) Decree No. 533 of 2024, which established an incentive for the generation and retention of formal jobs through a state contribution of 35 per cent of the current legal minimum wage to employers who recruit persons with disabilities, with 2,155 incentives granted as of December 2024; (ii) Act No. 2294 of 2023 (National Development Plan 2022–26), which provides for the design of a road map to develop a scheme for reasonable adjustments in public and private employment; (iii) Act No. 2466 of 2025 (Labour Reform), which sets out special requirements for the employer to carry out reasonable accommodation in the workplace, report the recruitment of workers with disabilities to the Ministry of Labour, and maintain minimum employment quotas for persons with disabilities (two for every 100 permanent workers in enterprises with up to 500 employees, and one additional worker for every 100 workers in larger enterprises) (section 15). This Act also introduces increased protection in disciplinary proceedings to ensure the understanding and effective participation of persons with disabilities (section 7), thereby preventing the imposition of penalties as a result of communicative or cognitive barriers, and recognizes the right to flexible working hours for those who care for persons with disabilities, thus supporting social co-responsibility.

The Government also reports that: (i) between 2022 and 2025, around 314 activities to promote labour inclusion were carried out, resulting in the placement of more than 10,000 persons with disabilities through the Ministry of Labour; (ii) as of 30 December 2024, more than 17,000 persons with disabilities were occupied in the public sector, with sight, physical and hearing impairments being the most common; and (iii) in relation to the implementation of Decree No. 392 of 2018, which grants additional points in public procurement processes to those who employ persons with disabilities, the number of certificates issued by the Ministry of Labour increased from 607 in 2017 to 6,872 in 2023. With regard to job security, the Government indicates that Act No. 361 of 1997 establishes that the dismissal of a worker with disabilities is presumed to be discriminatory, and therefore any employer intending to terminate the employment relationship in this context must request prior authorization from the Ministry of Labour (section 26). In this respect, the Committee notes that out of the 1,384 requests filed in 2024, 107 were granted. The Committee notes this information.

Sex. Gender equality policy. The Government indicates that Act No. 2466 of 2025 (Labour Reform): (i) created the job creation benefit (Crea Empleo), granting benefits to employers who recruit women (section 35); (ii) strengthened protection against discrimination in employment and occupation on the grounds of pregnancy, gender or sexual orientation (section 17); and (iii) provides a stronger labour inspection framework to ensure equal pay for men and women. The Committee also notes: (i) the enactment of Act No. 2281 of 2023 and Act No. 2458 of 2025, which set up the Ministry of Equality and Equity and the National Care System, and establish measures to strengthen the breastfeeding community and promote breastfeeding in Colombia, respectively; (ii) the creation of the “Equirutas” platform, which enables enterprises, irrespective of the sector, to identify ways of advancing gender equality; (iii) 14 workshops that were attended by 70 enterprises, where topics such as new masculinities were discussed, and as of October 2023, 1,296 workers participated in free courses on gender equality; and (iv) that the business equality label (Sello Equipares Empresarial) programme recognizes those enterprises that implement policies that address work-related issues, such as the balance between private and professional life.

Regarding the LGTBI community, between 2024 and 2025 the workforce fell by 27,900 persons, while the number of employed rose to 323,000, with an unemployment rate of 11.4 per cent. The Committee also notes that, with regard to manicurists, formalization initiatives have been promoted by streamlining tax obligations for micro and small businesses and applying Act No. 711 of 2001 on beauty salons, which requires formal accreditation. The Government estimates that around 423,000 people work in hairdressing, beauty treatment salons and related occupations, with an informality rate of 85.3 per cent in 2024. The Committee notes the observations of ANDI and the IOE, regarding: (i) the “Impacto M” mentoring programme, which promotes women’s participation in leadership positions and has benefited more than 1,370 women in 481 enterprises; and (ii) the need to support micro, small and medium-sized enterprises in order to effectively implement the certifications and equity practices promoted by the Government. It also notes the observations of the CUT, CTC and CGT, which state that resolution No. 33 of 2025, adopting the Institutional Policy for Gender Equality and the National Labour Equity Programme with a differential and gender approach, lacks effective monitoring mechanisms and robust indicators to measure its impact. The Committee requests the Government to provide its comments in response to the observations of the CUT, CTC and CGT.

Convention No. 100 – Principle of equal pay between men and women for work of equal value

Articles 1 to 3. Application of the principle of equal pay. Objective job evaluation. The Committee notes with interest that Act No. 2466 of 2025 amended section 4 of Act No. 1496 of 2011, introducing new criteria for objective job evaluation, such as “skills and qualifications required for the performance of the job, which may be gained from education, training or experience”, and “physical, mental and or psychological effort, or degrees of expertise and skill within the development of an employment relationship”. The Government also reports that the business equality label (Sello Equipares Empresarial) programme promotes the use of wage analysis methodologies based on the principle of the Convention. The Committee further notes that the regulatory process for Act No. 1496 is under way. The Committee requests the Government to provide information on the application of the new section 4 of Act No. 1496 and its regulatory process. It also requests the Government to report on the implementation and impact of the business equality label (Sello Equipares Empresarial) programmein relation to the establishment of objective job evaluation methodologies, as well as on any new initiatives envisaged or adopted in this regard.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Government indicates that: (i) between 2021 and 2024, technical and educational support was provided to employers and workers in areas such as equity and equal pay between men and women in various economic sectors, including accommodation and catering, trade and construction; (ii) between 2021 and 2023, 2,372 labour inspection officials were trained in identifying cases of wage discrimination, and 36 cases of employment discrimination on grounds such as sex, race and religion were registered as a result; (iii) a committee was formed – the Elite Labour Inspection Group for Gender Equality – with specific expertise to carry out inspections and activities with a differential approach; (iv) with regard to equal pay infringements, 41 cases were identified relating to the failure to keep records of profiles and job assignments disaggregated by gender, job and remuneration, and non-compliance with the wage assessment criteria established; and (v) in only one of the above cases, in which some form of decision was taken, was a fine imposed. The Committee notes this information.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT) received on 31 August 2025. The Committee also notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE) received on 1 September 2025. The Committee requests the Government to provide its comments in this respect.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and occupation

Article 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. Sexual harassment. The Committee notes the Government’s indication in its report that, while Act No. 1010 of 2006 does not contain an explicit and differentiated definition of the types of work-related sexual harassment (quid pro quo – blackmail and hostile work environment harassment), regulatory measures have been adopted to strengthen protection against such conduct. In this respect, the Committee notes with interest: (1) the adoption of Act No. 2365 of 2024, which establishes a framework for prevention, assistance and penalties for sexual harassment in educational and work-related environments; (2) the issuance of Decree No. 405 of 2025, which regulates Act No. 2365 and provides for penalties against employers who dismiss victims who report sexual harassment (section 14); (3) Act No. 2466 of 2025 (labour reform), which sets out the requirement to implement prevention and assistance measures through specific protocols, committees, tools and mechanisms to address sexual harassment (section 18); and (4) the establishment of a system of information and registration of complaints and penalties for work-related and institutional sexual harassment. The Committee also notes the observations of ANDI and the IOE relating to the “Reconocimiento PROACTÚA” programme – a comparative evaluation tool to analyse, prevent and address work-related sexual harassment. The Committee requests the Government to ensure that the legislation explicitly defines and prohibits all forms of work-related sexual harassment, including quid pro quo – black mail and hostile work environment. The Committee trusts that the “Reconocimiento PROACTÚA” programme will allow for specific measures to continue to be taken to prevent and address work-related sexual harassment, and requests the Government to provide the available information of the Labour Inspectorate concerning the cases processed, sanctions imposed and remedies granted.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. The gender pay gap and occupational segregation. The Committee notes from the information provided by the Government that: (1) women continue to be concentrated in sectors with the lowest productivity and highest levels of informality, facing horizontal and vertical segregation; (2) despite the increase in earnings for both men and women, the pay gap widened in 2021–24; and (3) while the gender gap in occupation remain high for low levels of education, there is a positive trend towards equity for the highest levels. With regard to statistical information, the Committee notes that, according to the Government, women represent 46.6 per cent of top decision-making positions in the public sector and 49.9 per cent at the next level, and that between 2022 and 2025, more than 36,000 women were placed by the Public Employment Agency in traditionally male-dominated sectors, such as private security and information technologies. In turn, the economic activity rate of women was 53.2 per cent compared to 76.8 per cent of men; the employment rate was 45.8 compared to 70.7 per cent; and the unemployment rate was 13.5 compared to 5.1 per cent respectively. The Committee also notes that the activity sectors with a higher participation of women were vehicle trade and repair (19.9 per cent), public administration, defence, education and health (17 per cent), artistic, recreational and service activities (13.9 per cent), accommodation and catering services (12.2 per cent) and the manufacturing industries (11.2 per cent), noting, on the contrary, a decrease in vocational, scientific and technical activities, administrative services, and insurance and financial activities.

The Committee notes the observations of ANDI and the IOE, indicating that: (1) in order to ascertain the structural causes of the pay gap, it should be analysed closely against the gap in working hours. In this regard, they indicate that in examining the earnings in relation with the number of hours worked, the gap would be slightly favourable towards women, and that, due to greater load of unpaid work, their paid working hours are limited; and (2) the National Equity, Diversity and Inclusion Survey of ANDI (2025) showed that women’s participation on executive boards rose from 25 per cent in 2019 to 33 per cent in 2025, while in first ranking posts (chairs and general management) it rose from 34 per cent to 40 per cent in the same period. The Committee requests the Government to continue to take measures to narrow the gender pay gap and occupational segregation between men and women, particularly for the lowest educational levels, and to provide information on the impact of these measures, as well as updated statistics on men’s and women’s participation in the different sectors and occupations.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value.Legislation. With regard to the amendment to Act No. 1496 of 2011, with a view to giving full legislative effect to the principle of the Convention, the Committee notes the Government’s indication that this Act specifically provides for wage assessment factors aimed at ensuring equal pay and other forms of pay between men and women. The Government also reports on the formation of a state negotiating table with trade union organizations with the purpose of jointly developing input for the regulations to the above Act – a process which is still under way. In this regard, the Committee notes the observations of the CUT, CTC and CGT, which report that the Colombian legal framework is fragmented, which complicates the consistent application of the principle of equal pay, and that Act No. 1496 lacks mechanisms for enforceability and proportional penalties for non-compliance with the principle of the Convention. The Committee requests the Government to take the necessary measures to ensure that the legislation provides for equal pay between men and women workers for work of equal value and to provide information in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework and various judicial decisions in the country.

Article 2 of the Convention. Community mothers. The Committee notes the Government’s indication in its 2018 report that, following the labour formalization measures adopted in 2013 and 2014, community mothers are covered by a labour relationship with the administrative bodies of the Community Households Welfare Programme and receive the minimum monthly statutory wage. It adds that, in the support contracts concluded by the Colombian Family Welfare Institute with these administrative bodies, the requirement is established for the latter to ensure labour relationships with the community mothers. The Committee notes this information.

Article 3. Objective job appraisal. The Committee notes the Government’s indication in its 2018 and 2022 reports that Bill No. 177/2014 to amend Act No. 1496 of 2011 on equal remuneration has been shelved. The Government also explains that: (1) another legislative proposal was submitted in 2018 to the Gender Subcommission of the Standing Commission for Consultation on Wage and Labour Policies (the text of which included, as elements for the appraisal of jobs, qualifications related to education, training and/or acquired experience, physical, mental and psychological effort, responsibilities exercised in relation to persons and resources, and the physical and psychological conditions under which the work is performed), but was not accepted; and (2) a meeting of the Gender Subcommission examined the importance of the establishment of objective criteria for the evaluation of jobs through regulations issued under the Act, and the possible economic and human resources implications that the objective appraisal of jobs could have in small and medium-sized enterprises. The Committee notes that the CGT, CTC and CUT indicate in their observations that the Government has not yet issued the decree required for its implementation and that it would be appropriate to include indicators that can objectively take into account experience, skills and effort in the work performed. In response to these observations, the Government indicates that in 2018 the Gender Subcommission decided to amend Act No 1496 of 2011 before issuing its regulations, as the objective evaluation criteria initially put forward were difficult to regulate. The Government considers that it is important to reactivate the Gender Subcommission in order to make progress in a tripartite context, and indicates in both its reports that work is progressing on the preparation of a proposal for a regulatory decree that takes into account objective factors for the determination of wages. The Committee requests the Government to provide detailed information on the progress made in the amendment of Act No. 1496 of 2011 and the preparation and adoption of its regulatory decree with a view to the establishment of objective criteria for the objective evaluation of jobs in accordance with the principle of the Convention.

Enforcement. The Committee notes the general information provided by the Government on the competences and powers of the labour inspection services in cases of discrimination, and the statistical data on the cases of discrimination examined. The Committee also notes the emphasis placed by the Government on the importance of strengthening the labour inspection services through the design of inspection tools, the allocation of resources and specialized capacity-building as one of the possible ways of resolving the wage gap. The Committee also notes that the CGT, CTC and CUT indicate in their observations that inspectors, unions and the committee mandated to prevent discrimination should have access to records of profiles, the attribution of responsibilities, functions and remuneration as set out in section 5 of Act No. 1496. The Committee once again requests the Government to provide information on any measures adopted to provide capacity-building and resources to the labour inspection services with a view to identifying cases of wage discrimination. It also requests the Government to provide any available information on cases of wage discrimination detected by labour inspectors which have been referred to the administrative and judicial authorities, and the action taken as a result.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 2 of the Convention. Gender equality policy. The Committee notes the range of information provided by the Government in its 2018 and 2022 reports on the Labour Equality Programme, and in particular: (1) the continuation of the Equipares labour equity label for enterprises and the launching of the SGIG Equipares label for small and medium-sized enterprises (SMEs), the PRIG Equipares Rural label for associations and cooperatives in the rural sector and the Equipares Público label for the public sector; (2) the gender equity at work awareness-raising and training initiatives, including the development of a virtual course covering the legislative framework, awareness-raising on equity and the prevention of labour and sexual harassment; (3) the adoption of the Gender Parity Initiative since 2018, which seeks to increase the participation of women in the labour force and in leadership positions and to reduce the gender wage gap. The Government also indicates that measurers have been adopted to promote the participation of men in housework and of women in occupations traditionally considered to be male (through training in such skills as welding, software, automobile parts, footwear and apparel), and to encourage the formalization of work in the domestic service sector and in manicure. The Committee further notes with interest the information provided by the Government on the adoption of a Public LGTBI Policy by Decree No. 762 of 2018, the formulation of a labour inclusion protocol for LGTBI persons and the preparation of a Bill establishing tax incentives for the recruitment of LGTBI persons. The Committee notes the information provided by the Government on various initiatives for the collection of statistics and the creation of the Colombia Labour Information Source (FILCO) labour statistics platform. The Committee requests the Government to provide:

• (i)updated statistical data on the labour market participation of men and women, including their participation in the various sectors and occupations and the participation of women in work traditionally considered to be male;
• (ii)information on the formalization of the manicure sector; and
• (iii)information on the specific measures adopted under the Public LGTBI Policy for the promotion of equality and non-discrimination against LGTBI persons in employment and occupation.

With regard to pregnant women, the Government refers in its 2018 report to Acts Nos 1822 and 1823 of 2017, which: (1) increased maternity leave from 14 to 18 weeks and extended the possibility for fathers to benefit from maternity leave in the event of the illness of the mother (section 236 of the Substantive Labour Code); (2) established the prohibition of the dismissal of pregnant women workers without the authorization of the Ministry of Labour and established a presumption of unfair dismissal when it is notified during the gestation period or during maternity leave (section 239 of the Substantive Labour Code); and (3) established the requirement to provide nursing rooms (“Family-friendly Nursing Rooms in the Work Environment”) in enterprises with a certain level of capital and with over 50 women employees (and also providing for benefits and tax relief or incentives for enterprises which create “Family-friendly Rooms”, without establishing the legal requirement to do so). The Committee notes this information.

Equality policy in relation to race and colour. The Committee notes the information provided in the Government’s 2018 report on: (i) the Special Educational Credit Fund for Black Communities between 2015 and 2018, emphasizing that there were more women than men and that almost 80 per cent of the persons surveyed indicated that the training received through the Fund contributed to their access to employment and work, thereby improving their living conditions and quality of life; and (2) statistics showing an increase between 2015 and 2018 in the training, guidance and employment services provided to Afro-Colombian and indigenous persons. The Government also provides information in its 2018 and 2022 reports on the action taken in cases of racial discrimination, including: (i) the adoption of Ministry of Labour Internal Circular No. 0066 in 2019 on the action to be taken and the processing of complaints and situations of racial discrimination in the work environment; (2) the preparation of the interinstitutional guide “Channels of action” by the Observatory against Racial Discrimination (OCDR) for Black, Afro-Colombian, Raizal and Palenque communities which suffer racial discrimination; (3) the organization of training days in 2021 and 2022 on racial discrimination and the dissemination of information on complaint procedures for racial harassment at work; and (4) the registration of 15 cases of discrimination at work by the OCDR between 2015 and 2018. The Committee requests the Government to continue providing information on:

(i)the impact of the measures adopted on the labour market participation of Black, Afro-Colombian, indigenous and Raizal persons; and

(ii)the number of cases of discrimination in employment and occupation on the basis of race and colour which have been brought to the attention of the labour inspection services and other competent authorities, as well as the compensation granted and penalties imposed.

The Committee also notes that the Government referred in its 2018 report to a series of challenges and obstacles to access to employment for the population of certain ethnic backgrounds and for indigenous peoples. The Committee refers in this regard to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), particularly in relation to conditions of employment and vocational training.

Policy of equality for persons with disabilities. The Committee notes the information provided by the Government in its 2022 report on the promotion of equality in employment and occupation for persons with disabilities, with particular reference to: (1) the creation of the Disability Inclusion Council by Decree No. 2177 of 2017, with a view to the coordination of awareness-raising activities for enterprises and entities in the private and public sectors, the implementation of the route to employability for persons with disabilities and the reinforcement of entrepreneurship for persons with disabilities and telework for the carers of persons with disabilities; (2) the implementation since 2019 of the Labour Inclusion Strategy for persons with disabilities with the objective of facilitating and progressively increasing their employment in the public and private sectors; (3) the establishment of a minimum quota for the employment of persons with disabilities in the public sector (Decree No. 2011 of 2017); (4) the award of additional points in public tender processes for enterprises which employ persons with disabilities (Decrees Nos 392 of 2018 and 1279 of 2021), and tax benefits for the employment of persons with disabilities; (5) the organization of workshops, forums, events, capacity-building and technical assistance throughout the territory. The Committee also notes the indication by the CUT, CTC and CGT in their observations that discriminatory practices against persons with disabilities persist and that many employers are unaware of the tax incentives available. The workers’ organizations also emphasize the urgent need to develop policies and legislation that not only promotes the access of men and women workers with disabilities to work, but also their retention and progress in employment. The Committee requests the Government to provide information on:

• (i)the measures adopted to publicize the available mechanisms to promote the employment of persons with disabilities and, if available, the number of employers availing themselves of these measures; and
• (ii)the measures intended to promote the retention and career progression of persons with disabilities in employment and occupation.

Specialized body. The Committee notes with interest the information provided by the Government in its 2022 report on the creation of the “Colombia for All” (Colombia es de Todos) Observatory (Decision No. 0338 of 2021) to promote the inclusion and combat any form of discrimination and stigmatization. The Government explains that, among other functions, the Observatory will compile information, identify preventive action, generate knowledge on the implementation of good practices and take the lead in decisions on the formulation of public policy. The Committee welcomes this initiative and requests the Government to provide information on the data compiled and the initiatives adopted by the Observatory to combat discrimination in employment and occupation.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, in which it refers to the current legislative framework and various judicial decisions in the country.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes, including occupational segregation. The Committee welcomes the statistical data provided by the Government in its 2018 and 2020 reports, which show that: (1) the gender income gap fell from 17.2 per cent in 2017 to 15.4 per cent in 2019, and to 8.7 per cent in 2021; (2) between 2015 and 2021, the economic activities in which most employed women work have not changed, and include commerce, healthcare and education; and (3) according to data for the years 2014 to 2021, the higher the educational level of women, the higher their labour market integration and the lower the wage gap. It further notes the Government’s explanation in its report that the gender wage gap must be understood as a multi-causal phenomenon that is not exclusively reduced to socio-economic variables or the work itself and is closely related to historical exclusions suffered by women in the past. The Committee notes that, in their observations the CGT, CTC and CUT provide various types of statistical data and indicate that: (1) in the context of the COVID-19 pandemic, women with the lowest levels of income from work were those most affected by the loss of their jobs; and (2) rural and migrant women, and those over 55 years of age, with lower educational levels, those in free relationships, or who are separated or divorced, living with minors in the household and those who recognize themselves as being indigenous are most affected by the wage gap.

With reference to measures to address the pay gap, the Committee notes the information provided by the Government on: (1) the Gender Parity Initiative, which seeks to increase the participation of women in the labour market and in leadership roles, and to reduce the wage gap; and (2) the preparation, within the context of the cooperation between Latin America and the European Union (EUROSOCIAL+), of an analytical study of gender wage gaps and of a technical good practice tool for gender equity in the workplace, to reduce wage gaps and gender bias. The CGT, CTC and CUT indicate in their observations that, since the adoption of Act No. 1496 in 2011, it is not known whether affirmative action has been taken in this regard with a positive outcome. The Committee also notes that the Government, and the IOE in its observations, recall the implementation of the EQUIPARES certification programme, which requires enterprises to establish objective methods for the determination of remuneration. The Committee requests the Government to take measures to reduce the persistent occupational segregation between men and women, and in particular to broaden the labour market opportunities of women and their capacity to progress and obtain promotion in their respective occupations. The Committee also requests the Government to provide detailed information on any measures adopted and on their impact, including measures adopted within the context of the Gender Parity Initiative and EUROSOCIAL+ cooperation. Noting the significant reduction of the gender income gap in 2021 as well as the economic context due to the pandemic, in particular the loss of jobs by women, the Committee requests the Government to continue to provide data on the evolution of the gender pay gap over the years and to provide a detailed analysis of such data, taking into account changes in the labour force.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. With reference to the amendment of Act No. 1496 of 2011, the terms of which are more restrictive than the principle of the Convention, the Committee notes the Government’s indication that it is working to amend the Act before adopting implementing regulations, with a view to facilitating understanding and the application of the principle of equal remuneration for work of equal value. The Committee hopes that the Government will take the necessary measures as soon as possible to make progress with the amendment of Act No. 1496 with a view to giving full legislative expression to the principle of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Employers Association of Colombia (ANDI), and those of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Workers (CGT), communicated with the Government’s 2022 report. The Committee also notes the observations of the International Organisation of Employers (IOE), of 31 August 2022, relating to the current legislative framework on gender equality at work and policies to promote youth employment.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee observes that, according to the Government’s indications in its 2018 report, the Strategic Plan for the Prevention of Labour and Sexual Harassment at Work has been developed and implemented, certain elements of which had already been brought to the attention of the Committee, such as the survey of perceptions of sexual harassment, a protocol for action agreed with the Office of the Public Prosecutor and the training of labour inspectors. The Committee also notes the adoption of capacity-building and awareness-raising measures for enterprises and other actors in the world of work, including through the Equipares equality label. In addition, the Committee notes the reference by the Government in its 2022 report to the Gender Equality Recognition Programme (PRIG Equipares Rural) intended for associations and cooperatives in the rural sector, the objectives of which include the promotion of a working environment free from discrimination and violence. However, the Committee regrets to note that section 3 of Act No. 1010 of 2006 on labour harassment, which provides for mitigating circumstances, is still in force. The Committee also observes that: (1) the information provided by the Government on the number of complaints of sexual harassment does not indicate the number of cases of sexual harassment; (2) Act No. 1010 defines ill-treatment at work as a form of workplace abuse which includes any act of violence against sexual freedom, but does not contain a clear and explicit definition of sexual harassment (either quid pro quo or hostile working environment harassment); and (3) in section 210-A of the Penal Code, sexual harassment is described as behaviour through which a person, taking advantage, inter alia, of their position at work, harasses, pursues, bullies or stalks another person for unwanted sexual purposes for the benefit of themselves or another person. The Committee requests the Government to: (i) indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against sexual harassment, including both quid pro quo and a hostile working environment; (ii) if such protection does not exist, to take measures to provide explicitly for specific protection; (iii) report the penalties imposed under the Act and the measures envisaged to ensure that such penalties are effective and dissuasive; and (iv) provide information on the number of cases of work-related sexual harassment examined by the labour inspection services and by administrative and judicial bodies, the penalties imposed and the compensation granted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Workers of Colombia (CTC) on 28 August 2015. It also notes the observations of the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the comments of the CTC, the CUT and the CGT of 28 November. In addition, it notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), dated 18 October 2013 and 1 September 2015, which refer to the measures adopted by the Government for the application of the Convention. The Committee requests the Government to provide its comments on these observations.

Article 2 of the Convention. Gender equality policy. In its previous comments, the Committee requested the Government to provide information on the impact and outcome of the programmes and measures referred to by the Government, including those adopted within the context of Act No. 1496 of 2011 and the Programme for Rural Women, as well as the measures adopted to improve women’s education and vocational training. In this connection, the Committee notes that the CTC refers in its observations to the failure to adopt the implementing regulations for the Act. The Committee also notes the indication by the CUT that, although an increase can be seen in women’s participation in the labour market, there remain situations of discrimination, such as the absence of social security coverage for rural women and the lack of protection for pregnant workers. The Committee notes the Government’s recognition in its report of the existence of a gender gap and its description of the measures adopted to deal with it. In this regard, the Committee emphasizes the various measures adopted by the Government and their impact, as described on the internet site of the Ministry of Labour. These measures include training activities for 4.8 million women, measures intended to increase the participation of women in managerial posts and measures to reduce unemployment among women. The Committee further notes the indication by the Government that the labour equity policy was adopted in 2012, with a gender approach, with a view to the eradication of all forms of discrimination, inequality and violence against women, and for the promotion of their labour market participation. The equality label “Equipares” has also been established, to which over 45 enterprises are committed, covering 75,000 workers. The label includes a programme composed of workshops on labour and sexual harassment, committees on coexistence at the workplace and hearings procedures. The Government is planning to extend Equipares to the public and rural sectors. The Government adds that measures have been adopted to improve the situation of rural women, and that a Decree is in the process of being adopted for the coverage of self-employed workers, including rural women, by the general scheme for employment risks. The Committee further notes the measures adopted by the Government for the inclusion in the social security system of women domestic workers. With reference to the adoption of the implementing regulations of Act No. 1496 of 2011, the Government indicates that, as certain elements of the Act relating to equal remuneration are being re examined by Congress, it has not yet been possible to adopt the implementing regulations. The Committee requests the Government to continue providing information on the measures adopted with a view to improving the situation of equality between men and women, including rural women. In particular, the Committee requests the Government to provide statistical information as a basis for identifying the progress achieved in the participation of men and women in vocational training, the labour market and managerial positions, including in non-traditional sectors. The Committee also requests the Government to provide information on measures offering protection against discrimination on the basis of pregnancy, and any progress in the amendment and adoption of the implementing regulations for Act No. 1496 of 2011.

Harassment at work. The Committee notes the information provided by the Government in relation to the application of Act No. 1010 on harassment at work, and particularly the action and measures taken by the labour inspectorate in the event of requests for intervention and conciliation. Nevertheless, the Committee observes that this information does not include the reasons for which such requests for intervention are made since, as indicated by the Government, no distinction is made between the reasons behind complaints. With a view to being able to determine the extent to which the procedure established by Act No. 1010 of 2006 is an effective tool to combat discrimination, the Committee requests the Government to take the necessary measures for the disaggregation of information concerning the activities of the labour inspectorate and the Ministry of Labour to give effect to Act No. 1010 of 2006, taking into account at least the grounds of discrimination set out in Article 1(1)(a) of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Community mothers. In its previous comments, the Committee noted the observations of the Single Confederation of Workers of Colombia (CUT), according to which community mothers (who provide care for young infants) are not recognized as workers and earn less than the minimum wage. The Committee notes the Government’s indication in its report that in 2013 the process of formalizing the work of community mothers was initiated with recognition of 100 per cent of the minimum wage. As from 2014, regulations have been issued respecting the labour relationship between community mothers and the administrators of the Community Households Welfare Programme, which will result in them being covered by the substantive Labour Code. The Committee welcomes this development regarding community mothers and requests the Government to provide information regarding the implementation and enforcement of the recent regulations.

Article 3 of the Convention. Objective evaluation of jobs. In its previous comments, the Committee requested the Government to provide information on the preparation of the decree issuing regulations under Act No. 1496 of 2011 to guarantee equality of wages and labour remuneration for men and women, and particularly, to determine the appraisal factors envisaged in section 4 of the Act. The Committee notes the Government’s indication that it has been decided to amend Act No. 1496 with a view to including evaluation factors that are objective. The Government indicates that for this purpose Bill No. 177 was submitted, which has been approved by the Chamber of Representatives and is currently being examined by the Senate. However, the Committee notes the Government’s indication that it plans to include among the factors of appraisal the educational level of the worker or their work experience. In this regard, the Committee draws the Government’s attention to the apparent confusion between the concept of the evaluation of professional performance, which has the objective of evaluating the manner in which an individual worker has performed her or his work, and the objective appraisal of jobs required by the Convention. The objective appraisal of jobs is the means by which the relative value of jobs is compared based on an examination of the specific tasks that have to be performed in each job. The Committee emphasizes that the objective appraisal of jobs is required to evaluate the specific job, and not the worker in that job. Although the Convention does not specify any particular method of conducting such an appraisal, Article 3 presupposes the use of suitable techniques for the objective appraisal of jobs which allow the comparison of factors such as the skills that are necessary to perform the tasks required for the job, effort and responsibilities, as well as the conditions in which the work or employment is to be performed (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to take the necessary measures to ensure that the Bill to amend Act No. 1496 provides for an adequate mechanism for the objective appraisal of jobs which takes into account the criteria specified, as envisaged in Article 3 of the Convention, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value is reflected when establishing or revising job classifications and when determining wages. The Committee requests the Government to provide information on any developments in this regard, including the discussions held on this issue in the Standing Dialogue Commission on Wage and Labour Policies.

Enforcement. The Committee notes that, under the terms of section 7 of Act No. 1496 referred to above, “any difference of treatment in respect of wages or remuneration shall be presumed to be unjustified until the employer demonstrates objective factors for such differentiation”. It notes that, according to the Government, one of the issues that is being examined, in the context of the National Plan for Labour Equality with a Gender Differential Approach for Women is the system of inspection, monitoring and control procedures in relation to equal wages. The Government adds that a protocol is being prepared which will serve as a guide for inspectors with a view to facilitating the identification of cases of wage discrimination. The Committee requests the Government to provide further information on this subject, and on cases of wage discrimination detected by inspectors and submitted to the administrative and judicial authorities, and on the action taken in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the observations made by the Confederation of Workers of Colombia (CTC), the CUT and the CGT, dated 28 November 2015. In addition, the Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), of 18 October 2013 and 1 September 2015, which refer to the measures adopted by the Government for the application of the Convention.

Article 2 of the Convention. Policy for equality in relation to race, colour and social origin. In its previous comments, the Committee requested the Government to provide specific information on the impact on the eradication of discrimination on grounds of race, colour and social origin of the various measures adopted by the Government in relation to Afro-Colombian and indigenous peoples. The Committee notes that, in their observations, the CUT and the CGT indicate that there are no specific data on discrimination against Afro-Colombian and indigenous peoples, and emphasize the importance of an adequate analysis of this data to ensure that the measures adopted by the Government are appropriate. According to the CUT, Afro-Colombian workers are concentrated in lower skilled work and receive lower wages than other workers. This situation particularly affects Afro-Colombian women. The CGT adds that place of residence is currently a criterion of discrimination on grounds of social origin. The Committee notes the Government’s indications in its report that in October 2012, a national forum was held on Afro-Colombians in the world of work with the participation of various public institutions and Afro-Colombian associations, as well as the discussion group on development with inclusion and labour protection for indigenous communities. In 2013, as a result of a series of meetings held in various departments with indigenous and Afro-Colombian populations, a proposed public policy was prepared for the labour market inclusion of Afro-Colombians, Raizal and indigenous peoples. The Government indicates that the Ministry of Labour carried out a socio-labour survey in the city of Cali, which is the city with the highest Afro-Colombian and indigenous population (24 per cent). The Committee notes that, according to the results of the survey, the activity rate is 53.8 per cent for indigenous workers, 49.8 per cent for Afro-Colombian workers, 53.3 per cent for Mulatto workers, 53.8 per cent for White workers and 52.5 per cent for Mestizo workers. The unemployment rate is 14.3 per cent for indigenous workers, 21.1 per cent for Afro-Colombian workers, 15 per cent for Mulatto workers, 13.7 per cent for White workers and 15.5 per cent for Mestizo workers.

The Government also reports the adoption of Act No. 1482 of 2011 to protect the rights of individuals, groups, communities or peoples against racism and discrimination, and the establishment by Decision No. 1154 of 2012 of the Discrimination and Racism Observatory. A special allocation of educational credits has also been made for Afro-Colombian and indigenous communities to ensure the access and continued presence of Afro-Colombian and indigenous students in higher education. The Committee notes that the Government’s report does not contain information on the impact of the measures and actions to which it referred in its previous report, namely: the strategy “Towards a national decent work policy in the framework of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”; the policy to promote equality of opportunity for the Black, Afro-Colombian, Raizal and Palenquero population and the Development Plan for Black, Afro-Colombian, Raizal and Palenquero Communities (2010–14). The Committee emphasizes in this regard the importance of undertaking an evaluation of the measures adopted to determine their impact and effectiveness in the elimination of discrimination.

The Committee requests the Government to continue adopting specific measures for the eradication of discrimination on the basis of race, colour, and social origin. Recalling that the Convention requires the national equality policy to be effective and that, in accordance with Article 3(f) of the Convention, information has to be provided on the results secured by the action taken, the Committee requests the Government to provide information on the impact of the measures taken including the educational audits on the inclusion of Afro-Colombian and indigenous peoples in the labour market under equal conditions with other workers in terms of access to employment, promotion and wage equality. In particular, the Committee requests the Government to provide information on the activities carried out by the Discrimination and Racism Observatory, and the information collected by the Observatory, including statistical information disaggregated by sex, race and place of residence (where available) on the labour market inclusion of Afro-Colombian and indigenous workers. The Committee requests the Government to indicate whether the strategies and measures referred to in its previous report are still in force.

Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee requested the Government to provide further information on the procedures followed by the labour inspectorate and the Ministry of Labour in relation to complaints of sexual harassment; the number of complaints filed and their outcomes; the application of section 3 of Act No. 1010 of 2006 on harassment at work (which provides for mitigating circumstances); and the application of the Act to associated work cooperatives. The Committee notes the Government’s indication that a survey of perceptions of sexual harassment at the workplace was carried out in 2014 in 13 metropolitan areas, and that approaches to dealing with cases of sexual harassment have been prepared jointly with the Office of the Public Prosecutor. Training has been provided for labour inspectors and workshops have been held in enterprises, as well as trade union meetings on this subject in 2015. The Government adds, with reference to associated work cooperatives, that Act No. 1010 applies to those workers who are in an employment relationship. The Committee observes that the information on the activities carried out by the labour inspectorate in response to requests for intervention and conciliation is not disaggregated by type of violation, but refers in general to labour harassment, which does not make it possible to determine the extent to which sexual harassment is dealt with by the labour inspectorate and other labour authorities. Moreover, the information supplied does not provide a basis for determining the manner in which sections 9 and 10 of Act No. 1010 concerning the prevention and punishment of labour harassment are applied in practice to cases of sexual harassment. Nor does the Government explain the application of the mitigating circumstances envisaged in section 3 of the Act. The Committee observes that those mitigating circumstances include violent emotions (which are not applicable in the case of sexual harassment), previous good conduct, discretionary compensation measures, even though they may be partial, and the harm caused. In this connection, the CUT indicates that mitigating circumstances may lead to the failure to impose penalties. The Committee recalls that acts of discrimination occur irrespective of the intentions of those responsible and considers that in the case of sexual harassment the types of mitigating circumstances envisaged in section 3 diminish the dissuasive nature of the penalties. Noting that, under the terms of section 1, Act No. 1010 does not apply “to civil or commercial relations deriving from service provision contracts for which there is no relationship of hierarchy or subordination”, the Committee recalls that all workers without distinction, including workers in cooperatives, whether or not they are in a dependent employment relationship or are self-employed, must be afforded adequate protection against discrimination, including against sexual harassment at work. While emphasizing the development of different actions to deal with cases of sexual harassment, the Committee requests the Government to take measures to raise awareness concerning these actions so as to ensure that they are easily accessible and effective, and that there is adequate compensation for victims and sufficiently dissuasive penalties for those responsible. Recalling that sexual harassment is a serious infringement of the right to dignity that should be strictly sanctioned without taking into account previous good conduct or voluntary compensatory measures, the Committee requests the Government to repeal the mitigating measures provided for in section 3 of Act 1010 of 2006 on harassment at work whenever the Act will be revised in the future. The Committee also requests the Government to ensure that all workers, including workers in cooperatives and self-employed workers, benefit from adequate protection against sexual harassment. The Committee requests the Government to provide information on any developments in this respect, and particularly on the specific number of cases of work-related sexual harassment examined by the labour inspectorate and by administrative or judicial bodies, the penalties imposed and the compensation granted.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), of 28 August 2015. The Committee also notes the observations of the General Confederation of Labour (CGT), of 2 September 2015. The Committee further notes the Government’s reply to the observations of the CTC and the CGT, of 28 November 2015. Moreover, the Committee notes the observations of the National Employers Association of Colombia (ANDI) and the International Organisation of Employers (IOE), of 27 August 2013 and 1 September 2015, which refer to the measures adopted by the Government to give effect to the Convention, and the Government’s reply to the 2013 observations, received on 6 November 2013.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes the Government’s indication in its report that the gap in average monthly income from labour in Colombia fell from 21.4 per cent in 2013 to 20.8 per cent in 2014. The Government has also provided statistical data on: the number of employed persons by sector and by sex at the national level; the number of employed persons by branch of economic activity, showing the persistence of significant occupational segregation (women are concentrated in services and commerce); and the number of employed persons by educational level and by sector, showing that the lower the education level of women, the lower their integration into the labour market. In this regard, the Committee notes the indication by the CGT that the higher the levels within an occupation, the greater the wage gap. The Government also provides information on the implementation of the National Plan for Labour Equity with a Gender Differential Approach for Women, which includes action on three levels: the Equipares labour equity label, the strengthening of inspection and monitoring to identify cases of gender discrimination, including wage discrimination, and awareness-raising measures on wage discrimination and the dissemination of the National Plan among the social partners. The Committee, however, notes that information has not been provided on the specific measures adopted within the framework of the National Plan to reduce the existing pay gap. The Committee further notes that, according to the Government, section 5 of Act No. 1496 of 2011 guaranteeing equal wages for men and women establishes the requirement to keep records of the profile and allocation of positions by sex, functions and remuneration in enterprises with over 200 workers. In this regard, taking into account that a significant number of enterprises have fewer than 200 employed persons, the Committee considers that this measure does not enable adequate monitoring of trends in the labour market participation of men and women and does not provide a basis for promoting equal remuneration for men and women in enterprises with fewer than 200 employed persons. The Committee requests the Government to take specific measures with a view to increasing the labour market participation of women and reducing the significant occupational segregation between men and women, including through the diversification of the vocational training and education provided for women to careers and occupations traditionally occupied by men. The Committee requests the Government to provide information on the measures adopted in the context of the National Plan for Labour Equity with a Gender Differential Approach for Women and their impact in terms of reducing the pay gap at all occupational levels. The Committee further requests the Government to continue providing statistical information on the labour market participation of men and women by sector, economic branch and educational level, disaggregated by gender, in the public and private sectors, including in enterprises with fewer than 200 workers.

Article 1(b). Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted the adoption of Act No. 1496 of 2011, which provides in section 7 that “there shall be equal pay for equal work performed in equal posts, with equal hours of work and equal conditions of efficiency …”. The Committee considered that this definition is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention and requested the Government to take the necessary measures to ensure that this principle is adequately reflected in the legislation, particularly when adopting the implementing regulations of the Act. The Committee notes the CTC’s indication that the implementing decree has not yet been adopted. The Committee notes the Government’s indication that, due to technical problems relating to objective factors in the allocation of remuneration, regulations have not been adopted under the Act and it is planned to amend the Act. The Government reports that Bill No. 177 of 2014 has been submitted and has already been approved by the Chamber of Representatives, and is currently being examined by the Senate. However, the Committee notes that this Bill does not envisage the amendment of section 7 of the Act. Nevertheless, the Government indicates in its report that the Committee’s comments on the concept of “work of equal value” will be taken into account when making the final adjustments to the Bill to amend Act No. 1496. The Committee once again recalls that the principle of the Convention is not restricted to equal work, but includes work of equal value, which includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work and also encompasses work that is of an absolutely different nature, but nevertheless of equal value. The Committee trusts that the Government will take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is adequately reflected in the Bill to amend Act No. 1496 of 2011. The Committee requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of 29 October 2011 of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM), and the Government’s reply thereto. The Committee also notes the observations dated 31 August 2012 of the Single Confederation of Workers of Colombia (CUT) and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee requests the Government to provide its observations on these comments.

Discrimination on the basis of race, colour and social origin. In its previous comments, the Committee asked the Government to provide specific information on various measures to promote fundamental rights and to prevent discrimination based on race, colour and social origin, such as the strategy “Towards a national decent work policy in the framework of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. The Committee notes that the Government indicates that under the Directorate of Fundamental Rights at Work two sub-directorates have been established, one for the protection of labour rights and the other to promote social organization, with a view to intensifying measures to prevent discrimination against Afro-Colombians and indigenous peoples. Two forums have also been held for the benefit of these two groups in order to ascertain the work-related problems they face and to establish the policy guidelines to be followed by the Ministry of Labour. The Government states that it knows of no complaints of discrimination based on social origin. The Committee observes that the Government provides no specific information on the results of the strategies it referred to previously, nor any particulars regarding the new measures or decisions taken to eliminate or prevent discrimination based on race, colour and social origin. While noting the importance of adopting long-term measures to combat discrimination, the Committee asks the Government to provide specific information on the impact of the measures adopted and the results achieved with a view to addressing discrimination based on race, colour and social origin.

In its previous observation, the Committee took note of a report produced by the National Council for Economic and Social Policy (CONPES, No. 3660) on the policy to promote equality of opportunity for the black, Afro-Colombian, Raizal and Palenquero communities (2010–14). The Committee notes that according to the CUT, Afro-Colombians have the highest poverty rate (82.12 per cent), have less access to formal employment and are generally concentrated in low-ranking jobs, earning 71 per cent of the pay of a mestizo. The Committee notes that according to the Government, a new CONPES report is being produced with information from all the national entities. The Government refers to a programme set up by the Office of the President to design strategies and action for the development of the Afro-Colombian people, which is divided into five strategic axes: addressing the institutional lag, the creation of human capital, economic development, institutional reinforcement and the Millennium Development Goals. The Committee notes that in the context of these strategies a number of practical measures have already been adopted including the award of collective land titles, measures to set up a Pacific university system, assistance to basic and higher education, improvement of the educational availability, arrangements with employers to conclude agreements with the communities and measures to include these peoples in formal employment. With regard to the specific measures for the education and training of indigenous peoples, the Government states that under the 2010–14 National Development Plan, several measures have been taken, ensuring their autonomy, for the establishment of an indigenous education system, policy guidelines for higher education have been laid down and an intercultural public universities project has been developed. The Committee also notes the measures adopted, including training, to integrate women belonging to these groups in the labour market. The Committee asks the Government to continue to provide information on the measures taken in the context of CONPES No. 3660, the programme for Afro-Colombians set up by the President’s Office and the National Development Plan for Indigenous Peoples 2010–14. It also asks the Government to provide information on the impact of each of the measures adopted in terms of improving access of Afro-Colombians and indigenous peoples to the education system and the labour market, and ensuring their traditional occupations. The Government is also asked to provide information on the measures aimed specifically at women belonging to these groups and the impact of such measures. Please also provide relevant statistical information disaggregated by sex.

Discrimination based on sex. The Committee notes that in its observations the CUT refers in general terms to the persistence of discrimination against women in the labour market, as reported in its previous comments. The Committee notes that the Government refers to the adoption of Act No. 1496 of 2011 to guarantee equality of wages and remuneration for men and women and to establish mechanisms for the elimination of all forms of discrimination. According to the Government, the purpose of the law is to establish mechanisms to bring about real and effective equality in both the public and the private sectors. The Act supplements and amends the Equality Opportunities Act, No. 823, and provides for the development of women’s training programmes that are free from stereotyping, for technological and organizational support for small and medium-sized enterprises managed by women or employing a majority of women, and for rural women’s access to landownership or tenure. The Government indicates that consultations are under way on draft implementing regulations for the Act. Furthermore, Ministry of Labour Resolution No. 162 of 2012 establishes a Gender Equity Group with responsibility for ensuring gender mainstreaming in the Ministry. Work is also under way on an equity seal to be used as a means of certifying private companies and public institutions that apply gender equality measures. The Government further indicates that in accordance with the recent regulations on teleworking, enterprises will be encouraged to adopt teleworking contracts for women prior to their maternity leave and during the period of breastfeeding. The Government has also developed a programme for rural women under which measures have been adopted in the areas of production and public and social policy with a view to improving the living conditions of rural women. While noting all these measures, the Committee notes that the Government provides no information on the impact of the measures and programmes it referred to in its previous observation. The Committee stresses the importance of continuity in the activities undertaken and of reporting on their effects and outcomes with a view to determining the extent to which they contribute to the achievement of gender equality, as foreseen in Article 3(f) of the Convention. The Committee requests the Government to provide information on the impact and outcome of the programmes and measures referred to in the present report and previously, including those adopted under Act No. 1496 of 2011 and the programme for rural women. Please provide information on the measures taken to improve women’s education and training with a view to improved access to employment and occupation.

Sexual harassment. The Committee notes that according to the Government, Ministry of Labour Resolution No. 2646 of July 2008 requires public and private enterprises to establish a committee on coexistence in the workplace, with responsibility for establishing a confidential internal conciliation procedure to prevent harassment at work. These committees are to be established before 20 October 2012. The Government states that complaints of quid pro quo sexual harassment are filed not with the Ministry of Labour but with the criminal courts, as a mechanism for protecting women against violence. The Government states, however, that a system to follow up cases of sexual harassment at the workplace has been developed consisting of a compendium of information and complaints, which will enable labour inspectors to intervene, together with a protocol for receiving sexual harassment complaints for the purpose of providing legal advice and informing labour inspectors and public prosecutors. The Committee recalls that addressing sexual harassment only through criminal proceedings is not sufficient due to the sensitivity of the issue, the higher burden of proof which is harder to meet and the fact that criminal law does not address the wide spectrum of behaviours constituting sexual harassment in employment and occupation. The Committee, therefore, requests the Government to provide further information on sexual harassment measures taken by the labour inspectorate and the Ministry of Labour, and on the number of complaints filed and the outcome thereof. The Committee also asks the Government to provide information on the application of section 3 of Act No. 1010 of 2006 on harassment at work (which provides for compensatory measures), and the manner in which adequate protection is secured for victims of harassment. Please indicate whether the abovementioned Act applies to associated work cooperatives.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC) and the Association of Officials of the Medellín Municipality (ADEM) of 29 October 2011, and the Government’s reply. The Committee also notes the observations of 31 August 2012 from the Single Confederation of Workers of Colombia (CUT), and those of 5 September 2012 from the General Confederation of Labour (CGT). The Committee further notes the observations of the International Organisation of Employers (IOE) received on 8 September 2012. The Committee asks the Government to send its observations on the above comments.

Article 1 of the Convention. Work of equal value. Legislation. The Committee notes that the Government reports on the adoption of Act No. 1496 of 29 December 2011, which guarantees equality of pay and remuneration between men and women. The Government states that the Act establishes wage assessment factors such as the nature of the work to be performed, the conditions for admission to the job and conditions of work. The Act provides that enterprises, both public and private, shall keep a register recording profile tasks assigned and remuneration by sex. The Ministry of Labour shall carry out audits for the purpose of assessing the enterprise’s equal wage practices and procedures are established to apply sanctions for breach of wage equality. The Government indicates that there are not as yet any implementing regulations. The Committee notes that the CUT refers to the Act indicating that it was not the subject of consultation with the trade unions and that there is no mechanism for an objective evaluation of jobs. The Committee notes in this connection that although section 7 of Act No. 1496, which amends section 143 of the Labour Code, is entitled “Equal pay for work of equal value”, it provides (first paragraph) that “there shall be equal pay for equal work performed in equal posts with equal hours of work and equal conditions of efficiency ...”. The Committee notes that this is narrower than the principle of the Convention because it does not capture the concept of “work of equal value”: “equal value” goes beyond equal remuneration for “equal”, “the same” or “similar” work and encompasses in addition jobs that are of an entirely different nature but which are nevertheless of equal value. The Committee considers that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 677). The Committee asks the Government to take the necessary steps to ensure that the principle enshrined in the Convention, namely equal remuneration for work of equal value, is fully reflected in the legislation, and asks it to take the principle into account when the regulations to implement Act No. 1496 are being drafted. The Committee asks the Government to provide information on the progress made in this regard. While noting that according to section 4 of the Act, the Ministry of Labour and the Standing Committee for consultation on wage and labour policies are to determine by agreement the criteria for applying the wage assessment factors to be used by employers in determining remuneration, the Committee asks the Government to provide information on the effect given to section 4 of the Act and on the manner in which this provision promotes objective job evaluation, as envisaged in Article 3 of the Convention.

Remuneration. The Committee notes the Government’s statement that according to section 127 of the Substantive Labour Code, as amended by Act No. 50 of 1990, “wages shall consist not only of ordinary remuneration, whether fixed or variable, but of everything the worker receives in cash or kind in direct exchange for service ... allowances, premiums, ordinary bonuses, ... overtime ...”. The Government adds that this definition was confirmed by the Constitutional Court in Decision No. C-892 of 2009. The Committee notes that according to the relevant paragraph of that decision, transcribed by the Government, the term “wages” does not cover remuneration for the worker during compulsory rest (holidays and non-work days) or any cash or goods the worker receives in order to perform his or her duties properly such as for travel. While noting this information, the Committee asks the Government to ensure that remuneration during compulsory rest and any money or goods workers receive in order to perform their duties properly which, according to the Constitutional Court, do not constitute wages, are provided to workers without distinction as to sex, in accordance with the principle of the Convention.

Article 2. The Committee notes that, according to the Government, Decree No. 4463 of 25 November 2011 was adopted to regulate Act No. 1257 setting out rules on awareness raising, prevention and punishment relating to forms of violence and discrimination against women. An objective of the Decree is to define the actions needed to promote social and economic recognition of the work of women and establish mechanisms to make equal remuneration for men and women effective. The Committee notes that according to the CUT, there are no reports on the results of the implementation of these provisions. The Government reports on the drafting of the Ministry of Labour’s national plan for employment equity with a differential gender focus for women, which provides for the development of preventive measures and the reduction of unemployment and informal employment among women, and the design of a monitoring system. The plan also provides for strategies to eliminate the pay gap between men and women which include the redistribution of social roles, recognition of the care economy and the incorporation of women in sectors of economic activity which are predominantly male. Furthermore, pursuant to Resolution No. 404 of 22 March 2012, internal working groups were set up in the various territorial departments of the Ministry of Labour to develop strategies for the dissemination of women’s rights at work and for the preventive inspection of workplaces with a view to avoiding all violations of equal remuneration. The Committee asks the Government to provide information on the practical results obtained through the implementation of the national plan for employment equity with a differential gender focus for women in terms of the effect given to the principle of equal remuneration for men and women for work of equal value, laid down in the Convention, and its impact in terms of reducing the gender pay gap. Please provide information on the establishment of the monitoring system envisaged in the plan and on the preventive inspection visits to workplaces carried out with a view to ensuring equal remuneration.

Community mothers. The Committee notes the CUT’s observations to the effect that community mothers, whose job is to provide childcare for infants, are not recognized as workers and earn less than the minimum wage. The Committee asks the Government to send its comments on this subject.

Articles 3 and 4. The Government states that in accordance with section 6 of Act No. 1496, work has been undertaken jointly with the Standing Committee for consultation on wage and labour policies to draft a decree regulating the Act. Work is also under way in conjunction with the United Nations Development Programme (UNDP) to develop an equity seal for the certification of private companies and public institutions that undertake systemic changes and adopt new attitudes with a view to incorporating gender equity. The Committee notes that in its observations the CUT states that the Act was not submitted for consultation and that the Standing Committee met only once – unsuccessfully – to draft the regulatory decree and determine criteria for applying the assessment factors provided for in section 4 of the Act. The Committee asks the Government to continue to provide information on the implementation of these measures and on the measures adopted under the Agenda for Equality at Work and the Inter-Union Gender Committee, to which the Government referred in its previous report.

Statistical information. The Committee notes the information provided by the Government to the effect that, out of a total of 7,785,503 workers in the public and private sectors, 3,148,805 are women (40 per cent). In the public sector, women account for 51 per cent of the workforce. These statistics show that occupational segregation persists, since women are still poorly represented in sectors where men predominate traditionally, such as construction, electricity, agriculture and mining. The Committee notes that with the implementation of the recently adopted Act No. 1496, the Government plans to develop training programmes for women in the construction sector as a way of combating occupational segregation. The Committee observes, however, that the Government provides no information on the remuneration rates of men and women. It notes that according to the CUT, there was a 17.7 per cent wage gap between men and women in 2011, which rose to 20.2 per cent in the first quarter of 2012. The Committee asks the Government to provide information on the implementation of the women’s training programme in the construction sector, indicating whether it is to be extended to other sectors, and to continue to provide statistical information on the status of men and women in the labour market and on their distribution in the various occupations, jobs and economic sectors. Please also provide statistical information on the remuneration rates of men and women in the public and private sectors disaggregated by occupation and on measures taken to address the gender pay gap.

Enforcement. The Committee notes the information provided by the Government to the effect that four investigations are under way in connection with non-compliance with equal wages under Act No. 1496. The Committee asks the Government to provide information on the status of these and any other investigations and on any complaints addressed by the labour inspectorate or the judicial authority relevant to the application of the principle of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of 30 August 2011, of the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) concerning the persistence of a marked wage gap between men and women, and reporting that few women are employed in the rural sector and that there is no objective job evaluation mechanism, owing in part to the absence of regulations to Act 1258 of 2008. The Committee asks the Government to send its comments in reply.

Article 1 of the Convention. Work of equal value. Legislation. The Committee has, for a number of years, been asking the Government to amend the provisions of the legislation that are more restrictive than the principle of equal remuneration for work of equal value laid down in the Convention, namely: section 5 of Act No. 823 of 10 July 2003 establishing rules on equal opportunities for women; and section 143 of the Substantive Labour Code. The Committee understands that a bill is under preparation in the Seventh Committee of the Chamber of Representatives “to establish mechanisms to promote affirmative action for wage equality between men and women in Colombia” (Bill No. 015 of 2010). The Committee observes that section 1 of the Bill provides that the purpose of the law is to prevent and combat any unwarranted differential in pay between men and women engaged in the same job, occupation or post with identical functions. Section 4 of the Bill refers to “mandatory guiding criteria for employers regarding payment of equal wages for equal work for men and women”. The Committee notes that these provisions are more restrictive than the principle of “equal remuneration for work of equal value” laid down in the Convention. It recalls that in its general observation of 2006, it emphasized that the concept of “equal value” is essential to addressing occupational segregation, where men and women often perform different jobs under different conditions, and even in different establishments, since it permits a broad scope of comparison. “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (general observation of 2006, paragraph 3). The Committee asks the Government to report on the progress through Parliament of Bill No. 015 of 2010 and to take the necessary measures to ensure that the legislation adopted gives full effect in law to the principle of equal remuneration for men and women for work of equal value laid down in the Convention.

Articles 3 and 4. The Committee notes that the Government provides information on the adoption of an Agenda for equality at work, consisting of an express commitment made by the unions to gender equality in enterprises, in order to strengthen the role of women and to carry out specific measures to ensure their effective inclusion in the labour market. The Agenda sets out 12 strategies that include wage equality, and was signed in March 2009 by 17 country-level unions and 17 private enterprises, and these were joined in June 2010 by 22 unions belonging to the Inter-Union Committee of Valle del Cauca. As a result of the Agenda, an inter-union gender committee was established to pursue the objectives set, and in 2010 an “gender equity model” was adopted with a view to reducing the wage gap. The Committee asks the Government to continue to provide information on the implementation of these and similar measures and on their impact in reducing the wage gap and in giving effect to the principle of the Convention.

The Committee notes that although it contains some general information, the Government’s report does not reply specifically to the pending issues referred to below:

Article 1 of the Convention. Remuneration. The Committee notes that the Government’s report does not supply any information on the Committee’s comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) concerning the narrow definition of remuneration in the legislation. The Committee asks the Government once again to take the necessary steps to ensure that account is taken not only of the ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to include information in this respect in its next report.

...

Article 2. The Committee notes the adoption of Act No. 1257 of 4 December 2008 establishing standards regarding awareness raising, prevention and penalties relating to violence and discrimination against women. The Committee also notes the reform of the Penal Code and the Code of Criminal Procedure, the adoption of Act No. 294 of 1996 and of other provisions. In particular, section 12 establishes that the Ministry of Social Protection will promote the social and economic recognition of the work of women and will implement mechanisms for enforcing the right to equal remuneration. The Committee hopes that the planned mechanisms will include effective measures to ensure equal remuneration for work of equal value and not only for equal work, in order to effectively address pay discrimination against women. The Committee asks the Government to supply information on these mechanisms and their implementation.

...

Research and statistical information. The Committee notes the information supplied in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the research undertaken to compare the income of men and women in the private sector with a view to making progress in identifying possible reasons for the persistent wage gaps in the country. The Committee would welcome further information on the results of, and follow-up to, research on the gender wage gap. The Committee asks the Government once again to supply statistical information to the extent possible, in accordance with its 1998 general observation, namely with regard to:

• (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and
• (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Monitoring of application. The Committee asks the Government once again to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination on the basis of race, colour or social origin. The Committee notes the Government’s general reference to various measures to promote fundamental rights and also to technical studies, investigations, plans and policies, adopted with a view to preventing discrimination in access to employment, such as the strategy entitled “Towards a national decent work policy in the context of fundamental rights” and the “Strategy to promote dignified and decent work, from a corporate social responsibility perspective, for vulnerable population groups in Colombia”. However, the Committee observes that the Government does not provide specific information concerning the content of these plans and their impact in practice. The Committee requests the Government to send specific information on the abovementioned measures and plans and their impact on the elimination of discrimination in access to employment and 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 job candidates are carried out which result in discrimination on the basis of social origin and that measures are taken to prohibit discriminatory vacancy announcements. The Committee requests the Government to provide information on any administrative or judicial proceedings relating to allegations of discrimination on the basis of the abovementioned criteria.

People of African descent and indigenous peoples. The Committee notes the observations from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of 30 August 2010, referring once again to discrimination in access to employment and training suffered by Afro-Colombian and indigenous peoples. The Committee notes the report of the independent expert on minority issues of 25 January 2011 (A/HRC/16/45/Add.1), which refers, in particular, to discrimination in access to quality education, employment and participation in the economic and political life of the country and also the disproportionate poverty and displacement from their lands suffered by many Afro-Colombians. According to the report, the scant amount of statistical information that exists with respect to these peoples hampers the adoption of adequate government policies. The report states that the estimated rate of illiteracy among the Afro-Colombian population is 30 per cent (double the national average). Their poor level of education reduces their opportunities for employment, which is largely restricted to the informal sector, domestic work (in the case of women) and other unskilled jobs. Even though the Government has adopted a series of measures and plans in relation to the Afro-Colombian peoples, the independent expert considered that they were insufficiently enforced and urged the Government to adopt general anti-discrimination legislation which lays down civil and criminal penalties. In this regard, the Committee notes the 2010 study (No. 3660) produced by the National Council for Economic and Social Policy (CONPES) concerning the policy to promote equal opportunities for the Black Afro-Colombian, Palanquera and Raizal peoples and also the 2010–14 development plan for the Black Afro-Colombian, Palanquera and Raizal communities, entitled “Towards a multi-ethnic and pluricultural Colombia with democratic prosperity”. The Committee notes that the CONPES study evaluates the programmes implemented from 2002 to 2010 and makes a series of time-bound recommendations to various state bodies and institutions relating to education, training and employment for Afro-Colombian peoples. The Committee requests the Government to provide information on the specific measures taken on the basis of CONPES study No. 3660 and their impact on the situation of the Afro-Colombian peoples. The Committee also requests the Government to indicate whether similar studies have been produced or specific education and training measures have been adopted for indigenous peoples and, if so, to supply information on their impact on access to employment and occupations for the indigenous peoples.

Discrimination based on sex. In its previous comments the Committee noted the information supplied by the Government concerning anti-discrimination measures adopted as part of national development programmes and the programmes promoted, inter alia, by the Ministry of Social Protection, the Ministry of Agriculture and Rural Development and the National Training Service. The Committee notes that the CUT and CTC indicate in their observations that women are more heavily affected than men by unemployment, that they receive considerably lower wages, that they occupy less-skilled jobs, that they constitute the majority of workers in the informal sector and that they occupy only a small proportion of high-level posts. In this respect, the Committee notes that the Government provides information indicating that: (i) the Presidential High Council for Women’s Equality reached an agreement with UN Women for the follow up of judicial decisions concerning women’s labour and social security rights; (ii) the Javeriana University organized a course on women and gender addressed to public officers as well as managers from the private sector; (iii) in the framework of the UNIDOS programme, financial credits have been granted to women in situations of extreme poverty or having been displaced; (iv) the National Programme for the promotion of women entrepreneurs was developed; and (v) measures have been taken in order to include and retain women in the world of labour such as the Labour Equality Agenda and the National Public Policy for gender equality. The Committee requests the Government to continue to supply information on the practical implementation of these programmes, policies and measures, and on their impact on the 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), especially as regards employment training for women in both urban and rural sectors, and on measures taken to ensure that rural women have access to land ownership or possession, agrarian credit, technical assistance, and agricultural training and technology, as provided for in section 3 of Act No. 823 of 2003. Finally, the Committee 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. The Committee again requests the Government to provide information on action in favour of indigenous women formulated by the Presidential Office for Equal Rights for Women and the results achieved with regard to education, vocational training, employment and occupation.

Sexual harassment. The Committee notes Act No. 1010 of 2006, whereby measures are being adopted to prevent, correct and penalize harassment in the workplace and other forms of harassment within the employment relationship. The Committee observes that section 2 of the Act refers to sexual harassment as abuse in the workplace which takes the form of violence against the sexual freedom of the worker. The Act provides that the existence of sexual harassment is presumed if certain circumstances are fulfilled. The Act lays down the obligation to prevent harassment through specific measures and establishes penalties for persons directly responsible for harassment and for employers who have not taken the necessary steps to prevent it. However, pursuant to section 3, a wide range of attenuating circumstances are set out, including emotional state, excusable passion, family links, evident or hidden provocation or “any other similar circumstances”. The Committee requests the Government to indicate the manner in which Act No. 1010 of 2006 guarantees in practice adequate protection against both quid pro quo and hostile working environment sexual harassment. Observing that section 3 sets out a wide range of attenuating circumstances in the event of proven harassment in the workplace, the Committee requests the Government to indicate the manner in which the full protection of victims is ensured in such circumstances. The Committee also requests the Government to provide information on administrative and judicial proceedings instituted in relation to sexual harassment and to indicate whether the Act applies to workers in associated cooperatives.

Finally, observing that the Government’s report contains very little information on the questions under consideration despite explicit requests in this regard, the Committee requests the Government to send a detailed reply to these questions in its next report.

Observation (CEACR) - adopted 2009, published 99th ILC session (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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Remuneration. The Committee notes that the Government’s report does not supply any information on the Committee’s comments regarding the communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) concerning the narrow definition of remuneration in the legislation. The Committee asks the Government once again to take the necessary steps to ensure that account is taken not only of the ordinary, basic or minimum wage or salary but also of “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to include information in this respect in its next report.

Work of equal value. For a number of years the Committee has been pointing out that certain legislative provisions should be amended, specifically section 5 of Act No. 823 of 10 July 2003 concerning equal opportunities for women, and also section 143 of the Substantive Labour Code, which establish a narrower principle than the one set forth in the Convention since they refer to equal wages for “equal work” and not for “work of equal value”. The Committee urges the Government to amend the abovementioned provisions to bring them into line with the principle of equal remuneration for men and women for work of equal value, and to provide information on steps taken in this regard.

Article 2. The Committee notes the adoption of Act No. 1257 of 4 December 2008 establishing standards regarding awareness raising, prevention and penalties relating to violence and discrimination against women. The Committee also notes the reform of the Penal Code and the Code of Criminal Procedure, the adoption of Act No. 294 of 1996 and of other provisions. In particular, section 12 establishes that the Ministry of Social Protection will promote the social and economic recognition of the work of women and will implement mechanisms for enforcing the right to equal remuneration. The Committee hopes that the planned mechanisms will include effective measures to ensure equal remuneration for work of equal value and not only for equal work, in order to effectively address pay discrimination against women. The Committee asks the Government to supply information on these mechanisms and their implementation.

Articles 3 and 4. The Committee again asks the Government to supply information in its next report on the way in which it collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions of the Convention, and in particular on any training activities relating to the principle of the Convention and the adoption of measures for promoting objective job evaluation on the basis of the tasks involved.

Research and statistical information. The Committee notes the information supplied in the Government’s report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the research undertaken to compare the income of men and women in the private sector with a view to making progress in identifying possible reasons for the persistent wage gaps in the country. The Committee would welcome further information on the results of, and follow-up to, research on the gender wage gap. The Committee asks the Government once again to supply statistical information to the extent possible, in accordance with its 1998 general observation, namely with regard to:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)   statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

Monitoring of application. The Committee asks the Government once again to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Concept of remuneration. In its previous comments, the Committee noted a communication of 15 August 2007 from the Single Confederation of Workers of Colombia (CUT) and stated that it would deal with it together with the Government’s comments. These were received on 18 March 2008. The CUT indicates that section 15 of Act No. 50 of 1990 amending the Substantive Labour Code expressly precludes any share in profits from being counted as wages. It also allows the exclusion from wages of “regular or occasional benefits or allowances established under agreements on contracts or otherwise granted by the employer on a non-statutory basis where the parties have expressly provided that these constitute wages in cash or in kind, such as food, accommodation or clothing, non-statutory bonuses for holidays, services or Christmas”. The CUT asserts that by excluding indirect payments and allowing, upon agreement, some regular or occasional benefits or allowances to be excluded from wages, Act No. 50 paved the way for discrimination in remuneration based on sex. The Committee observes that the Government has sent no information regarding this matter. The Committee recalls that as long ago as 1994, it referred to section 15 of Act No. 50. It noted that according to the interpretation of the abovementioned provisions given by the Supreme Court of Justice on 12 February 1993, premiums, bonuses or awards, the reimbursement of costs and allowances in kind, do not constitute wages in the legal sense but are nonetheless benefits arising out of employment. It pointed out that the principle of equal remuneration for men and women established in the Convention applies not only to wages but also to any additional emolument in cash or in kind payable to the worker and arising out of the worker’s employment, and it asked the Government to ensure that this principle was applied in practice. The Committee notes the CUT’s comment that the problem persists. It points out that regardless of the other effects of the Supreme Court’s interpretation, for the purposes of determining remuneration as defined in the Convention, with a view to ensuring equality of remuneration between men and women for work of equal value, account must be taken not only of the wage or salary but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee once again asks the Government to take the necessary steps to ensure that this principle is applied effectively and to provide detailed information on this matter, together with replies to the Committee’s comments of 2007.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

In its previous observation the Committee took note of a communication from the Single Confederation of Workers of Colombia (CUT). It notes the Government’s reply, received on 21 February 2008.

Discrimination on grounds of race and colour. The CUT alleges discrimination against members of indigenous and Afro-Colombian peoples, citing the fact that they are poorly represented in middle and high level posts in private companies. It states that the darker the skin the greater the discrimination. It refers to a report from the five dioceses of the pacific coast of Colombia according to which in Buenaventura, for example, although persons of African descent account for 92 per cent of the population, when they look for work they are turned down because of the colour of their skin. Furthermore, in banks and corporations black persons have the worst jobs. The employment office and the banks have rejected applicants “because they are very dark”. The employment office of the region and private companies set other physical requirements for employment, particularly for women, namely that they must be white, tall and slim.

Discrimination on the ground of social origin. The CUT states that the inhabitants of the poorer districts, despite a good education, are unable to get jobs in a number of private companies, particularly banks and financial companies. The selection process now involves a phase knows as “home visit”, the aim of which is to ascertain the applicant’s social background, which results in discrimination in access to employment based on social origin.

In its communication the Government states that it has focused its efforts on devising policy programmes to promote equality of rights and opportunities. In this context, it has promulgated the “Employability Act”, which provides for support to people who are at risk and vulnerable. While noting the Government’s comments on the efforts made for particularly vulnerable people, the Committee notes that the Government has not responded to the allegations of discrimination in access to employment and employment conditions based on race, colour and social origin. The Committee requests the Government to take effective measures to ensure that there is no discrimination in access to employment and in employment on grounds of social origin, race, colour, or physical characteristics. It also asks the Government to take measures to ensure that no investigations are carried out into applicants’ social backgrounds resulting in discrimination based on social origin, and to take measures to prohibit discriminatory job announcements, in both law and practice, and to promote the employment of Afro-Colombians and indigenous people. Please provide information on the steps taken in this regard. The Government is also asked to provide detailed information on the employment situation of indigenous and Afro-Colombian peoples, including those living in the Pacific coast area.

Communication of the report to the social partners. With reference to the CUT’s comments that by 15 August 2007, it had not received a copy of the Government’s report on the Convention so that it could submit comments, the Committee requests the Government to send its report to the social partners in a timely manner to enable them to make such comments as they deem appropriate, thus facilitating their participation in the monitoring of the application of the Convention. The Committee asks the Government to provide the information requested together with replies to the questions raised by the Committee in its comments of 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 3 and 4 of the Convention. The Committee asks the Government to provide information on the way in which it collaborates with the employers’ and workers’ organizations concerned in order to apply the provisions of the Convention, and in particular on the training activities relating to the principle of the Convention and the adoption of measures for promoting objective job evaluation, on the basis of the tasks involved, as provided for by Article 3 of the Convention.

2. Statistical information. The Committee asks the Government to supply in its next report the fullest possible statistical information, disaggregated by sex, in relation to paragraphs (i) and (ii) of its 1998 general observation on the Convention.

3. Monitoring of application. In its previous direct request, the Committee asked the Government to send details of the plan of action of the Ministry of Labour’s Special Labour Inspection, Supervision and Control Unit with regard to the application of the Convention and on any training courses held. It also requested information on the inspection unit’s activities to promote and enforce the principle of the Convention and on the number of complaints to judicial or administrative bodies concerning gender-based pay discrimination. The Committee notes that the Government’s report contains information of a general nature regarding the inspection unit’s activities and of the complaints lodged with no clear link to the application of the principle of the Convention. The Committee, therefore, concludes that the information supplied does not reply to its request. The Committee, therefore, repeats its request to the Government to supply information on the inspection unit’s activities in relation to the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Policy on equality for men and women in employment and occupation. The Committee takes note of the various programmes being developed by the Government to improve women’s access to employment and training. It notes that an Observatory on Gender Matters (OAG) has been established as a tool for monitoring compliance with national and international labour standards on equality between men and women. It notes in particular that in the area “Employment and Business Development” programmes are being set up under the titles Women Heads of Family as Micro-entrepreneurs, Business Training Plan under which 26,200 such women have been trained, and the National Business Woman’s Fair, which aims to set up a trade exhibition with a social focus to promote women’s business activities. It further notes the Strategic Plan for the defence of women’s rights before the law in Colombia, which emerged from an agreement signed by the Government of Colombia with the Autonomous Community of Madrid and which sets three work priorities. It notes in particular that one of the three priorities is to protect women against discrimination at work by: (1) promoting equal opportunities for women; (2) developing women’s employment; (3) encouraging reconciliation of family life and work; (4) defending women’s rights. The Committee notes that one aim is to ensure the effective exercise of women’s rights at work by encouraging the exercise and legal enforcement of the rights laid down in the Constitution and international treaties. In this context, a Strategic Plan has been prepared for the defence of women’s rights before the law in Colombia. Having noted in its observation the comments by the Single Confederation of Colombia (CUT) on the need to strengthen the legal enforcement of international labour Conventions, the Committee requests the Government to provide information on the manner in which it has associated employers’ and workers’ organizations with the abovementioned Strategic Plan and particularly with the measures to protect women against discrimination at work. It also asks the Government to provide detailed information on the measures taken under the Plan and their practical impact. Please also continue to provide information on the national gender equality strategy in relation to employment and occupation, and provide reports of the OAG, which is responsible for general oversight of the gender equality policy.

2. Public sector. The Committee notes that the Government has not sent the information requested in the previous comments and again asks it to provide statistical information on the distribution of men and women in the public sector.

3. Private sector. The Committee again asks the Government to provide information on the measures taken in cooperation with employers’ and workers’ organizations to improve application of the Convention in the private sector.

4. Indigenous women and Afro-Colombian women. The Committee notes that three workshops were held with indigenous women in which 132 women participated. It points out, however, that this information does not allow it to gain a full understanding of the employment and training situation or of how indigenous and Afro-Colombian women may be affected by discrimination. The Committee requests the Government to provide detailed information on the situation of indigenous women as regards employment and training, including statistical information, and on policies that aim to secure equality both in training and in access to employment and conditions of employment.

5. The Committee notes that the Government has not provided information on paragraphs 6 and 7 of the previous direct request. It is therefore bound to repeat the two paragraphs, which read as follows:

Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

6. The Committee notes in general terms that the report provides information on Government policy on gender equality but not on policies on equality based on the other criteria in the Convention. The Committee invites the Government to provide more detailed information on policies to promote equality in training and employment without discrimination on grounds of race and colour, focusing in particular on the situation of the black population. In drafting its report, the Government is asked to follow up on and respond to the questions raised by the Committee in its comments.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the communication from the Single Confederation of Workers (CUT) which not only refers to the application of the Convention but also indicates that by 15 August 2007 the CUT, which is the most representative organization, had not received a copy of the Government’s report. CUT was therefore sending its comments without having seen the report and reserved the right to enlarge on them upon receiving it. The Committee notes that in its report sent on 25 July 2007, the Government indicates that it is forwarding a copy to the CUT amongst others. The Committee will address these comments in greater detail together with any comments the Government may wish to formulate.

2. Work of equal value. For several years the Committee has been pointing out that the Substantive Labour Code ought to be amended in order to establish expressly the principle of equal remuneration for work of equal value and to bring the national legislation into line with the Convention. It observed previously that section 5 of Act No. 823 of 10 July 2003 issuing rules on equal opportunities for women contains, as does section 143 of the abovementioned Code, a principle that is narrower than the one set forth in the Convention since it refers to equal wages for “equal work” and not “work of equal value”, thus precluding any comparison of jobs that are different but that warrant equal remuneration because they are of equal value. The Committee asked the Government to consider amending the abovementioned provisions in order to bring them into line with the principle enshrined in Article 2(1) of the Convention.

3. The Committee notes that, according to the report, the Government considers that there is no need to amend the Labour Code in order to include the principle of equal value, because the Constitution provides that duly ratified international agreements “are an integral part of domestic legislation”, Convention No. 100 being a case in point. According to the report, “there is a specific rule on work and equal pay which states that ‘for equal work performed in a like post and according to the same schedule and conditions of efficiency, equal wages must be paid …’ (section 143 of the Labour Code)”. As the Committee has pointed out previously, this provision does not reflect the principle of the Convention, which includes but goes beyond the principle of equal pay for equal work performed in a like post. It draws the Government’s attention to its general observation of 2006 on the Convention, in which it explains the concept of equal value, and hopes that the general observation may be of use in clarifying the differences between equal work and work of equal value and the importance of appropriate legislation in applying the Convention. In paragraph 3 of its general observation, the Committee said as follows: “In order to address … occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, ‘the same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Furthermore, the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers.”

4. Legislative framework. In its general observation, the Committee stressed the importance of giving full legislative expression to the concept of work of equal value, since narrower provisions “hinder progress in eradicating gender-based pay discrimination against women at work”. The Committee went on to underline that “such legislation should not only provide for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value” (paragraph 6). Consequently, the Committee urges the Government to bring its legislation into line with the Convention’s principle of equal remuneration between men and women for work of equal value, including section 143 of the Substantive Labour Code and section 5 of Act No. 183 of 2003, as well as all other provisions of the legislation on this subject, and to provide relevant information of progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee takes note of the communication from the Single Confederation of Workers (CUT). In that communication, the CUT states, as the most representative organization, that as at 15 August 2007 it had not received a copy of the Government’s report and was therefore sending its comments without having seen the report, reserving the right to expand on them upon receiving it. The Committee notes that in its report sent on 25 July 2007, the Government states that it is forwarding a copy to the CUT among other organizations. The Committee will examine the communication together with the comments the Government may wish to make. The Committee notes that the CUT indicates that the Judiciary has difficulties in applying the Convention although under the Constitution, it is directly applicable; the cut proposes that judges and administrative officials receive training to further their knowledge of the international treaties to which Colombia is a party. In its report, the Government refers to proposals to improve application of the Convention in the judicial system as part of the Strategic Plan for the defence of women’s rights before the law in Colombia. The Committee accordingly invites the Government to provide information on any training envisaged and on measures to follow up on the Strategic Plan. It reminds the Government that it may seek technical assistance from the Office should it deem this necessary.

2. Discrimination on grounds of race and colour. Indigenous people and Afro-Colombians. In its previous comments the Committee referred to situations in which indigenous people and Afro-Colombians were the subject of discrimination in employment and occupation. It also referred to the conditions of extreme poverty suffered by Afro-Colombians. The Committee notes that the Government mentions some activities with indigenous women but sends no information on the other matters. The Committee accordingly asks the Government to provide information on the situation of indigenous people and Afro-Colombians as regards training and employment, and on the Government’s policy on equality in employment and training as regards these two groups.

3. Situation of the Roma. In its previous comments the Committee expressed concern at the situation of the Roma, who are subject to discrimination. It notes that the Government has not sent the information requested on this matter. The Committee is concerned at the lack of a reply from the Government on this matter and again requests it to provide information on the work situation of the Roma and on the application to the Roma of the principle of equality of opportunity and treatment in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2(1) of the Convention. The Committee notes that, according to the Government, the policies generated through the Ministry of Labour’s Special Labour Inspection, Supervision and Control Unit and implemented under its action plan make no distinction on grounds of sex and are based on the Constitution and the labour law in force. The Committee points out however that it is not enough to apply apparently neutral measures in order to promote and secure effective application of the principle of the Convention, and hopes that the Government will consider the possibility of providing specific training on the Convention for staff of the above Unit so that through their work they can contribute to ensuring that the Convention is fully applied. The Committee therefore asks the Government to send details of the action plan together with information on any training courses held. It also renews its request for information on the Unit’s activities to promote and enforce the principle of the Convention and on the number of complaints to judicial or administrative bodies on grounds of wage discrimination based on sex.

2. With regard to points 1 and 4 of its previous direct request, which concerned respectively the measures adopted or foreseen to facilitate the application of the principle laid down in the Convention and the job appraisal methods used in large enterprises, the Committee asks the Government to provide the information requested on these points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. With regard to point 2 of its previous direct request in which it commented on the worrying rise in unemployment among women, the Committee notes that progress has been made in implementing the employment generation and unemployment protection programmes developed by the General Directorate for the Promotion of Labour, including the unemployment subsidies programmes, the entrepreneurial fund and the employment in action programme. The Committee would be grateful if in its next report the Government would provide information on current activities aimed at reducing the high level of unemployment and underemployment among women and to improve women’s access to employment and training and their working conditions and standards of living.

2. Public sector. Having noted from the Government’s report on the application of Equal Remuneration Convention, 1951 (No. 100), that the participation rates of men and women in the public sector are regulated by Act No. 581 of 31 May 2000, the Committee requests the Government to send statistical information with its next report showing the distribution of men and women in high-level posts in the public administration.

3. Private sector. The Committee notes from the Government’s report on the application of Convention No. 100 the Government’s statement that although there are principles enshrined in the Constitution and the law that safeguard gender equality, it is ultimately employers who decide, according to their needs and on the strength of the free market, whether to select men or women in the recruitment procedure. The Committee reminds the Government that under
Article 2 of the Convention, the Government is required to declare (giving particulars) and pursue a policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee draws the Government’s attention in this context to paragraphs 157 to 176 of its General Survey on equality in employment and occupation, 1988, in which it examines the formulation and content of such a policy and methods of applying it. In particular, it points out in paragraph 159 that “while affirmation of the principle of equality before the law may be an element of such a policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention.” The Committee requests the Government to indicate in its next report the measures taken or envisaged to apply a policy in the private sector that is consistent with the Convention, including measures implemented in cooperation with employers’ and workers’ organizations.

4. Indigenous peoples and Afro-Colombians. With regard to point 3 of its previous direct request in which it noted a report on Colombia by the Committee on the Elimination of Racial Discrimination which referred to discrimination against indigenous populations and Afro-Colombians in that these communities are disproportionately subjected to violations of human rights and international humanitarian standards, and drew particular attention to the situation of women, who are victims of discrimination based on their gender, race or ethnicity, and their displaced status, and to the conditions of extreme poverty in which many Afro-Colombians live. The Committee asks the Government to provide information in its next report on the positive and effective measures applied to increase training and employment opportunities for Afro-Colombians and indigenous communities, in both the public and the private sectors.

5. Situation of the Roma. The Committee notes the Special Rapporteur’s report of 24 February 2004 (E/CN.4/2004/18/Add.3), “Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mission to Colombia”. The Committee expresses concern over the situation of the Roma, who are subject to discrimination, and requests the Government to provide information on their work situation in all aspects relating to the application of the principle of equality of opportunity and treatment in employment and occupation laid down in the Convention.

6. Complaints for labour discrimination. With reference to the information it requested in earlier comments on the status of the 3,436 complaints filed for labour discrimination against women, the Committee notes the information supplied by the Government on the operation and powers of the Special Labour Inspection, Supervision and Control Unit. It again asks the Government to send with its next report copies of the annual reports produced by the abovementioned special unit, together with information on the status of the complaints, indicating in particular how many of them have reached the courts, the decisions handed down and their outcome, identifying those that involved maternity issues and pregnant women and attaching, if possible, copies of any administrative and/or judicial decisions.

7. Sexual harassment. The Committee notes with interest Act No. 1010 of 2006 by which measures are adopted to prevent, correct and sanction sexual and other forms of harassment in the workplace. It notes that the Act does not contain a detailed consideration of sexual harassment that takes into account the various elements included in the Committee’s 2002 general observation. The Committee trusts that the Government will be in a position to provide information in its next report on the progress made towards adopting specific provisions guaranteeing protection from sexual harassment in the workplace in conformity with its 2002 general observation.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

For several years, the Committee has been pointing out that the Substantive Labour Code ought to be amended in order to enshrine expressly the principle of equal remuneration for work of equal value and to bring the national legislation into line with the Convention. The Committee observes that section 5 of Act No. 823 of 10 July 2003 sets forth, as does section 143 of the abovementioned Code, a principle that is narrower than the one laid down in the Convention in that it refers to equal pay for “equal work” and not for “work of equal value”, thus precluding any comparison of jobs that are different but that warrant equal remuneration because they are of equal value. The Committee trusts that in its next report the Government will be in a position to provide information on the progress made in amending these two provisions to bring them into conformity with the principle enshrined in Article 2, paragraph 1, of the Convention.

The Committee is also addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its last two reports.

1. The Committee notes that the Government’s reports contain no indications on the measures adopted or envisaged to incorporate into the Substantive Labour Code the principle of equal remuneration for men and women workers for work of equal value, and that no information is supplied on the measures taken to promote and, where appropriate, guarantee the application of the principle set out in the Convention. The Committee once again asks the Government to indicate the measures adopted or envisaged to make possible the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the information supplied by the Government in its report indicating that the participation rate of women in government departments and other administrative departments and state bodies is higher than that of men. The Committee trusts that the Government will provide statistics with its next report indicating the distribution of men and women at the higher levels of the public administration.

3. The Committee notes that the Government has not provided information in its reports in relation to its previous comment on the activities that are being undertaken by the Special Labour Inspection, Supervision and Control Unit of the Ministry of Labour with a view to ensuring equal remuneration for men and women workers for work of equal value. The Committee urges the Government to provide the above information with its next report, as well as information on the number of claims made to administrative or judicial bodies concerning wage discrimination on grounds of sex and their outcomes.

4. In various earlier comments, the Committee had asked the Government to provide information on the manner in which it ensures that methods of evaluating jobs and work in large enterprises are not discriminatory. It notes that the Government’s reports contain no indications in this respect. The Committee reminds the Government that the existence of evaluation criteria which are not discriminatory in themselves does not prevent them from becoming discriminatory if they are not applied in good faith. In the 1986 General Survey, the Committee referred, for example, to criteria which may become unacceptable when they give rise to different wages for men and women, as would occur in the case of performance, as a criterion, if the average performance of each sex were measured. The Committee once again asks the Government to indicate the manner in which it is ensured that evaluation criteria are encouraged in the private sector, an indication, for example, of whether there exist procedures by which such evaluations can be challenged where their outcome violates the principles set forth in the Convention. The Committee also once again asks the Government to provide copies of collective agreements concluded in sectors that generally employ a large number of women workers with a view to ascertaining the manner in which the principle of equal remuneration for men and women workers for work of equal value is applied in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government’s report and requests the Government to provide information on the following points.

1. In relation to its previous general observation of 2002 on sexual harassment, the Committee notes the information provided by the Government in its report indicating that, although there is no specific definition of sexual harassment, the behaviour of persons who abuse their authority to commit this type of offence can be investigated and punished in accordance with the existing provisions. The Committee requests the Government to consider the possibility of incorporating a more detailed provision in its legislation taking into account the various elements specified in its general observation. It also requests it to consider the adoption of specific procedures to investigate and punish this type of offence.

2. In its previous comment, the Committee noted a significant increase in the unemployment rate among women. The Committee notes with interest the adoption of Act No. 823 of 2003 issuing provisions respecting equality of opportunity for women, and particularly those related to the formulation of programmes and projects to promote equality of opportunity for women in labour matters, including vocational training courses to eliminate sexist stereotypes; raising public awareness of women’s rights and the corresponding protection mechanisms; examining the situation of rural women workers; maternity and social security provisions; promoting studies on gender and equality of opportunity through the allocation of the appropriate funds; and the collection of statistical data with a gender component. The Committee would be grateful if the Government would provide information in future reports on the activities carried out under the terms of this Act which lead to a reduction in the high rate of unemployment and under-employment among women and an improvement in women’s access to employment and training; as well as on their working and living conditions.

3. With reference to its previous comments, the Committee notes with interest the creation of the Special Commission for Negro Communities and the adoption of legislation to implement article 55 of the Constitution. The Committee noted in its previous comment that the above constitutional provision recognizes the right of Afro-Colombian communities to own as collective property the undeveloped lands (baldíos) in the rural areas along the rivers near the Pacific coast; their right to pursue economic, social and cultural development in conditions of equality; and respect for their cultural practices. In this respect, the Committee also noted in previous comments the concluding observations of the last report of the Committee on the Elimination of Racial Discrimination (CERD) with regard to Colombia which states that: (1) the indigenous and Afro-Colombian communities are disproportionately subjected to violations of human rights and international humanitarian standards; (2) the indigenous and Afro-Colombian communities are under-represented in State institutions, including the legislature, the judiciary, governmental ministries, the military and the civil and diplomatic services; (3) the government programmes are not responsive to the needs of many indigenous and Afro-Colombian women who are subjected to multiple forms of discrimination based on their gender and their race or ethnicity, and their displaced status; (4) the media coverage of minority communities, including the continued popularity of the television programmes that promote racial or ethnic stereotypes, CERD noted that such stereotypes serve to reinforce the cycle of violence and marginalization, which has had grave repercussions on the rights of Colombia’s historically disadvantaged communities; and (5) recognizing that many Afro-Colombian persons live in extreme poverty in urban slum areas, CERD recommends that the State take steps to address the de facto racial segregation in urban centres. The Committee, reiterating some of the recommendations made by CERD, trusts that the Government will adopt positive and effective measures to increase training and employment opportunities for minorities and indigenous communities in both the public and private sectors.

4. The Committee notes that the Government’s report does not provide any of the information requested in points 1 and 2 of its previous comment on the treatment of the 3,436 complaints of employment discrimination against women, in particular with regard to the number that reached the courts and the number for which decisions were handed down, and with regard to pregnant women. The Committee requests the Government to send the Office a copy of the successive annual reports of the Special Labour Inspection, Supervision and Control Unit with its next report and, where possible, some of the court rulings relating to the complaints of employment discrimination against women, including those related to pregnancy.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its two reports.

For several years the Committee has been pointing to the need to amend the Labour Code in order to establish expressly the principle of equal remuneration for work of equal value so as to bring the national legislation into conformity with the Convention. The Committee notes that section 5 of Act No. 823 of 10 July 2003 establishing rules on equal opportunities for women lays down a principle which is narrower than that of the Convention in that it refers to equal pay for "equal work" and not "work of equal value", and thus does not provide for the possibility of comparing work which is different but warrants equal pay. The Committee asks the Government to consider amending the abovementioned provision in order to bring it into line with the principle enshrined in Article 2, paragraph 1, of the Convention.

The Committee is also sending a direct request concerning other matters.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report, and particularly the attached documentation. It notes the copies of judicial rulings and the statistical data provided in reply to its previous request.

1. The Committee notes that no legal text has yet been adopted corresponding to the principles set out in the Convention. The Committee has been indicating for years the desirability of amending the Substantive Labour Code with a view to explicitly setting forth the principle of equal remuneration for work of equal value and thereby bringing the national legislation into harmony with the Convention on this point. The Committee recalls that this principle presupposes the adoption of the concept of work of equal value. The Committee adds that, while there is no general obligation to enact legislation setting forth this principle under the terms of the Convention, since it can also be applied by the other means indicated in Article 2, legislation is one of the best methods of guaranteeing this principle. The Committee asks the Government to indicate the means through which the Government promotes and ensures the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes the adoption of Act No. 581 of 31 May 2000 respecting the adequate and effective participation of women at the decision-making levels of the various branches and bodies of the public authority, in accordance with articles 13, 40 and 43 of the Constitution, which establishes a minimum level of 30 per cent for the participation of women. The Committee asks the Government to provide information on the application of this Act in practice, and to supply information on the number of "highest decision-making" and "other decision-making" positions which are in practice occupied by women, compared with the numbers of men in such positions.

3. The Committee notes the statistical information provided by the Government indicating that in 1996 the earnings gap was 27 per cent, compared with 1982 when women earned an average of 36 per cent less than men. The Committee asks the Government to provide information on the activities, as they relate to the principle set out in the Convention, that are being undertaken by the Permanent Dialogue Commission on Wage and Labour Policies, established under Act No. 278 of 30 April 1996, which has the mandate to guarantee both the equitable redistribution of income and women’s rights. It also asks the Government to provide further information on the action taken in practice in the context of the Equal Opportunities Plan under the National Development Plan "Change to construct peace, 1998-2002", as it relates to the application of the Convention.

4. The Committee notes that the Government has not provided information on the effect given to ruling No. T-026-96 of the Constitutional Court which, among other matters, found that there are "activities which for reasons of sex are outside the scope of the principle of non-discrimination and equality of treatment; as occurs with certain occupational categories or groups which, based on considerations of a biological or physical nature, as well as social or cultural characteristics, are occupied solely or predominantly by individuals of a single sex. In these limited cases, the majority or exclusive presence of individuals of the same sex in the performance of an activity is intended for a more effective performance of the range of activities discharged by a specific enterprise or the optimal provision of a public service, which would be undermined if the engagement of a worker of a different sex distorts, hinders or, in the final analysis, impedes the proper discharge of the inherent functions of the respective activity". The Committee reiterates its request for the Government to indicate the categories of work and occupations in which women would be excluded on grounds of sex.

5. The Committee notes the adoption of Decree No. 1128 of 29 June 1999 restructuring the Ministry of Labour and establishing the Special Labour Inspection, Supervision and Control Unit, with responsibility for coordinating, developing and evaluating prevention, inspection, supervision and control activities throughout the national territory and for promoting machinery, procedures and tools to guarantee compliance with the provisions governing individual and collective labour rights, in both the public and the private sector. The Committee asks the Government to provide information on the activities, inspections, procedures, etc. developed by the above unit with a view to ensuring equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information on the number of claims made to judicial bodies concerning wage discrimination on grounds of sex.

6. The Committee notes that the Government’s report does not reply to the request made in its previous comments. It asks the Government to reply in its next report to the questions raised in paragraph 4 of its previous comments, which read as follows:

With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government’s attention to paragraph 54 of the above General Survey in which it points out that, while such criteria (relating to performance appraisal) are not discriminatory in themselves as a basis for wage differentiation, they must be applied in good faith. The Committee once again asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report, including the attachments.

1. The Committee notes the Government’s statement that it is not aware of any ruling by courts concerning violations of the principle of equality in employment and occupation. The Committee notes the Annual Report on the Basic Activities of the Special Labour Inspection, Supervision and Control Unit for the period January December 2000. The Committee notes that a total of 3,436 complaints were submitted concerning employment discrimination against women, with 80 per cent of them being in Cauca. The Committee requests the Government to provide more detailed information on these cases, and particularly the number of them which reach the courts and the manner in which they are resolved, with an indication of the measures that are being taken to prevent discrimination against women in employment and occupation in this and other territories.

2. The Committee also notes that 186 applications were submitted for the termination of the employment of pregnant women. Of these, conciliation was undertaken in 39 cases, authorizations were provided for 27 of them and 32 applications were denied. The Committee requests the Government to provide information on the 34 remaining cases in which applications were submitted for the termination of the employment of pregnant women, for which no indications are provided in the table. The Committee notes the reference made by the Government to the various rulings handed down concerning pregnant women workers, maternity leave and discrimination on grounds of sex. The Committee requests the Government to continue providing information in future reports on any case which arises concerning these matters.

3. The Committee also notes the statistics provided by the Government concerning employment in Colombia in 1999 and 2000. The Committee notes that unemployment among women has increased by 3.5 per cent as a proportion of total unemployment since the previous year, with the rate for men falling by 3.5 per cent. It notes that since 1996 the number of unemployed women has increased from 308,000 to 681,000 in seven metropolitan areas. It also notes that the highest incidence of unemployment among women is concentrated in the commercial sector, communal and social services and industry. The Committee requests the Government to provide information on the measures which have been taken or are envisaged to promote the access of women to the labour market.

4. The Committee notes the information provided by the Government concerning the operative plan of the National Training Service (SENA) and requests the Government to provide detailed information in its next report on the activities undertaken to promote the economic participation of women and to offer training to the population groups with the highest rates of unemployment, and particularly women. With reference to training activities, the Committee would be grateful if the Government would provide copies of the curricula of the courses. The Committee would also be grateful if the Government would provide information on the activities that are being carried out by the Permanent Dialogue Commission on Wage and Labour Policies concerning the principle of non discrimination in employment and occupation.

5. The Committee notes that the Government has not provided information on the programmes and projects implemented under Act No. 508 of 1999, establishing the Plan for Equality between Men and Women, including the programmes and projects for women in different territorial areas, and particularly for those in rural areas or who are displaced. The Committee reiterates its request and also asks the Government to report on the application of the plan in practice.

6. The Committee also notes that the Government has not responded to the request for information on the national policy and practical measures adopted to promote the principle of equality in employment and occupation in relation to the Afro Colombian population. The Committee reiterates it requests and would also be grateful for the provision of statistical data on the skills levels and incomes of the above population.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that, during the course of its session, it received legislative texts that had been requested from the Government. These will be examined at the Committee's next session.

1. With respect to its previous comments, the Committee notes the information supplied by the Government that an enforcement action (acci¢n de cumplimiento) may be brought on the basis of any act or omission of a public authority that fails to apply or executes legislative acts, or performs or fails to perform actions that result in the imminent non-application of binding laws or administrative acts, as well as against the acts or omissions of individuals. It also notes that this action is subordinated to an action brought on the basis of the violation of a fundamental constitutional right (acci¢n de tutela) and that, in this case, the judge will apply the constitutional right procedure. The Committee would appreciate receiving information indicating whether any judgements have been handed down in relation to the principle of non-discrimination in employment and occupation, whether through an action brought on the basis of the violation of a fundamental constitutional right or an enforcement action, and requests the Government to supply copies of any such judgements, if possible not only in respect of discrimination on the ground of sex, but also concerning the other grounds set forth in the Convention.

2. The Committee notes the enactment of Act No. 508, of 1999, which establishes the Plan for Equality Between Men and Women ("the Plan"). According to the report, the Plan is intended to implement the constitutional principles of equality and relevant international Conventions and formulates strategies to overcome those limitations and obstacles which impede women from participating in society on an equal basis with men. In addition, the Committee notes that, under the Plan, the Government undertakes to develop programmes and projects that place priority on the employment of women, as well as on the promotion of training courses for women. The Committee asks the Government to provide copies of the programmes and projects developed by the Government in furtherance of the Plan, including those programmes and projects for women from the different territorial districts, particularly those that live in rural areas or are displaced. Please also provide information on the actual application of the Plan.

3. The Committee also notes the concluding observations of the Committee for the Elimination of Discrimination Against Women (A/54/38, 2 February 1999), indicating that the school drop-out rate among girls and young women remains high, and that the causes of this high rate are linked to sexist stereotypes. In addition, the vocational choices made by women when they reach higher education are still gender-differentiated. The Committee recalls that occupational guidance and vocational training are essential, given that they determine actual possibilities of access to employment and occupations and that discrimination in access to training is subsequently perpetuated and accentuated at the levels of employment and occupation. It therefore requests the Government to provide statistical information, disaggregated by sex, on educational levels. In this context, the implementation of the Plan could play an important role in achieving the goal of the Convention. The Committee requests that, in developing training programmes and projects under the Plan, account be taken of paragraphs 38 and 77 through 85 of the General Survey on equality in employment and occupation, 1988. It requests the Government to keep it informed concerning the actions taken or contemplated.

4. Having noted that the Committee for the Elimination of Racial Discrimination, in its concluding observations of 20 August 1999 (CERD/C/55/Misc. 43/Rev. 3), expressed its concern regarding discrimination against the Afro-Colombian population, the Committee requests the Government to provide information regarding the national policy and any practical measures adopted to promote the principle of equality in employment and occupation in respect of this population. The Committee would also be grateful if the Government would supply statistical information on the levels of training and income received by members of the Afro-Colombian population.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report. Given that the jurisprudence referred to in the report was not received, the Committee requests the Government to provide it with copies of Constitutional Court decisions SU-519/97 and T-026.

1. The Government indicates that article 13 of the Colombian Constitution prohibits any form of discrimination, thereby implicitly establishing the principle of equality, which the Government states has been applied in the area of labour through the relevant jurisprudence. For some years, the Committee has noted that section 143 of the Substantive Labour Code ("the Code") provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency". The relevant jurisprudence has expressed the principle of equal pay for equal work, establishing it as a fundamental right under the Colombian Constitution. However, the Committee refers the Government to the language of Article 2(1) of the Convention, which calls for "the application to all workers of the principle of equal remuneration for men and women workers for work of equal value". The Convention thus moves beyond a reference to the "same" or "similar" work, choosing instead the "value" of the work as the point of comparison. This basis of comparison is intended to reach discrimination which may arise out of the existence of occupational categories and jobs reserved for women and is aimed at eliminating inequality of remuneration in female-dominated sectors, where jobs traditionally considered as "feminine" may be undervalued due to sex stereotyping (see General Survey on equal remuneration, ILO, 1986, paragraphs 19-23). The Committee therefore again asks the Government to indicate whether it contemplates giving legislative expression to the principle of Article 2 of the Convention.

2. The Government indicates that, in decision No. T-026 of 26 January 1996, the Constitutional Court established criteria for evaluating jobs to determine the existence of discrimination on the basis of sex. The Committee notes with interest the Government's summary of the Court's decision. According to the summary provided, the Court held, inter alia, that the exclusion of certain activities from the scope of equal opportunity and treatment on the basis that the sex of the actor is an inherent requirement of the activity must be analysed in a restrictive manner. The Government is asked to indicate the manner in which this principle is applied in practice and to provide information on the categories of jobs and occupations, if any, from which women are excluded on the basis of sex.

3. The Committee notes that the Government's report does not contain any information reflecting the average earnings of men and women. In order to permit an evaluation of the application of the principle of the Convention, the Government is asked to provide, in its next report, the statistical information requested in the general observation on the Convention.

4. The Committee notes that the Government's report does not respond fully to the points made in the Committee's previous comments. The Government is asked to provide a response in its next report to the matters raised in points 3 and 4 of the previous comments, which read as follows:

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that, while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government once again to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

4. The Committee notes the statistical information supplied by the Government in its report on administrative careers and the protection provided by the State through the National Civil Service Commission to these officials. The Committee requests the Government to supply these statistics disaggregated according to sex and any decision of the National Civil Service Commission relating to equal remuneration for work of equal value.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the communication dated 19 November 1996 submitted by the National Union of National Tourist Board's Workers (SNT) relating to alleged violations of the Convention by the Government in drawing up the General Tourism Act No. 300 of 30 July 1996. The SNT's communication claims that this Act, in particular sections 101, 102, 103 and 108, violates Article 1, paragraph 1(a), of the Convention, because it establishes a different statute for workers of the National Tourist Board in relation to the termination of employment contracts, pension rights and admission to other state bodies, since they have already received compensation for their dismissal. The Committee also notes the detailed information sent by the Government in relation to the SNT's communication. In particular, the Government points out that at no time does the text of the Act seek to nullify or impair equality of opportunity or treatment in employment or occupation.

2. In this respect, the Committee notes that it is not clear from the SNT's communication how the sections of Act No. 300 violate the principles of the Convention, since paragraph 1(a) of Article 1 of the Convention establishes seven specific criteria for discrimination likely to nullify or impair equality of opportunity or treatment in employment or occupation (race, colour, sex, religion, political opinion, national extraction or social origin) and none of the seven criteria for discrimination has been mentioned in the points raised in the SNT's communication. In these circumstances, the Committee considers that the questions raised by the SNT do not fall within the framework of the Convention.

3. Finally, the Committee notes with interest the adoption of Act No. 393 of 1997 on enforcement procedures, which can be brought by any person, physical or legal, whose interests have been harmed by the failure of a public authority to comply with a law or administrative act. The Committee would be grateful if the Government would inform it whether under this Act, cases can be brought for acts of discrimination in employment and occupation.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the reply to its comments, particularly on Article 1(a) of the Convention.

1. In its previous comments, the Committee noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which did not seem to be construed as encompassing equal remuneration for work of equal value, as provided for in the Convention. The Committee noted that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government stated that wages are fixed on the basis of the tasks performed, regardless of whether the work is done by a man or a woman. In its latest report, the Government indicates that in Judgement No. T-102/95, the Constitutional Court referred to section 143 of the Labour Code relating to "equal work, equal pay", as a fundamental right under the Constitution.

2. The Committee points out again that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "identical" or "similar" or "equal" work. It asks the Government to refer to its 1986 General Survey on equal remuneration, particularly paragraphs 44 to 78, in which the concepts of equality are explained. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended so as to lay down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that, while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government once again to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity which employ a large number of women workers.

4. The Committee notes the statistical information supplied by the Government in its report on administrative careers and the protection provided by the State through the National Civil Service Commission to these officials. The Committee requests the Government to supply these statistics disaggregated according to sex and any decision of the National Civil Service Commission relating to equal remuneration for work of equal value.

5. The Committee noted that the Government again stated that the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security and the National Wages Council, a tripartite body, were empowered to monitor and supervise the observance of legal provisions. It also noted that the above-mentioned Decree No. 1398 (sections 14 and 15) provided for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee repeats its previous request regarding the "Dirección de Vigilancia y Control" of the Ministry of Labour and Social Security in regard to observance of the standards relating to the Convention (infringements recorded, penalties imposed and court decisions, if any).

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with satisfaction the adoption, following receipt of technical assistance from the Office, of Ministry of Labour and Social Security resolution No. 3716 of 3 November 1994 which restricts the requirement of a pregnancy test for obtaining employment in both the private and public sectors to employment or occupations where pregnancies might be at risk. It also notes with satisfaction the adoption of resolution No. 3941 of 24 November 1994 which specifies that such employment and occupations shall be only those listed as "high risk" in Decrees Nos. 1281 and 1835 of 1994. It also notes with interest the copy of the Ministry of Labour's circular, addressed to all regional labour directors and labour inspectors, recalling the importance of verifying compliance with the constitutional provisions on equality of opportunity between men and women, including the elimination of sex-based discrimination and sexual harassment.

2. The Committee also notes with satisfaction the Constitutional Court ruling of 21 April 1994 which declares unconstitutional the listing, by virtue of section 1 of Act No. 61 of 1987 on the career public service, of certain posts as exceptions to the career public service. The ruling refers, among others, to those exceptions raised in previous observations as being potentially discriminatory since they left a large number of general posts classified as "posts of free appointment and dismissal", namely subsection (j) concerning part-time posts; and subsections (f), (g) and (i) concerning the General Directorates of Customs and Taxes and public employees of state-run industrial and commercial establishments which were held to be constitutional subject to the condition that the posts do not, by their content, correspond to public career posts or that they refer to directorate-level posts or posts of confidence. According to the Government's report, this ruling clarifies that "posts of free appointment and dismissal" are only those at the directorate level or, exceptionally, those at other levels involving positions of trust. The effect of the ruling is that these posts have become posts of the career public service, and only those limited exceptions allowed by Article 1, paragraph 2 of the Convention remain subject to free appointment and dismissal.

3. With regard to its previous request for copies of any texts regulating access to and conditions of employment in certain posts excluded from the career public service, the Committee notes with interest Decree No. 1221 of 28 June 1993 concerning capacity building in the national public service and Decree No. 1222 of the same date (amended by Decrees Nos. 256 and 805 of 28 January and 21 April 1994) prescribing the rules for selection, promotion and evaluations in the career public service, which now cover those posts deemed to be within the career public service following the above-mentioned Constitutional Court ruling.

4. These texts have been adopted by virtue of new legislation which also has an impact on the Committee's previous observation. Act No. 27/1992, which entered into force on 3 February 1993, to amend the Career Public Service Act No. 61 of 1987 - and Decree No. 256 mentioned above - state that access to and capacity building and promotion within the public service shall take place through systems which allow for democratic participation in a context of equality of opportunities. According to section 2, the Act also extends the career public service system to those posts previously not covered, such as employees of territorial administrations. In addition, the Committee notes with satisfaction implementing Decree No. 1224 of 28 July 1993, which prescribes the steps to be taken by such state employees for entry into the career public service.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the information it contains in reply to its comments.

1. The Committee recalls that under section 128 of the Labour Code, as amended by section 15 of Act No. 50 of 1990, remuneration does not include sums that are paid to the worker by the employer on an occasional basis and out of generosity (bonuses, premiums or awards) or allowances in cash or in kind that are paid to workers to carry out their jobs (costs of representation, transport or other similar expenses) or certain social benefits or customary or occasional benefits when the parties have explicitly provided that they do not constitute remuneration (food, housing or clothing, certain bonuses above the legal minimum). The Committee notes that according to the interpretation of the above-mentioned provisions given by the Supreme Court of Justice on 12 February 1993, premiums, bonuses or awards, the reimbursement of costs and allowances in kind do not constitute wages in the legal sense, but are none the less benefits arising out of employment. The Committee points out that the principle of equal remuneration for men and women laid down in the Convention means not only the wage or salary but also any additional emoluments (Article 1 of the Convention). The Committee would therefore be grateful if the Government would indicate how it guarantees the practical application of this principle to elements of remuneration other than the ordinary, basis or minimum wage or salary, in accordance with the Convention.

2. In its previous comments, the Committee also noted that section 143 of the Labour Code provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency", which does not appear to be able to be construed so as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee notes that Decree No. 1398 of 3 July 1990 protects women against all discriminatory practices and, in particular, provides (section 9(e)) that equality in employment includes, amongst other things, equality of remuneration, benefits and any assessment of performance of work. The Government states that wages are fixed on the basis of the tasks performed regardless of whether the work is done by a man or a woman.

The Committee points out that by requiring jobs to be compared in terms of their value, the Convention goes beyond the concept of "same" or "similar" work. It asks the Government to refer to its 1986 General Survey on Equal Remuneration, particularly paragraphs 44 to 78 in which it explains the concepts of equality. It hopes that the Government will take the necessary measures to ensure that section 143 of the Labour Code is amended and lays down explicitly the principle of equal remuneration for work of equal value, in order to bring it into conformity with the Convention on this point.

3. With regard to methods of evaluating tasks in order to determine wages, particularly in large enterprises, the Committee notes that, according to the Government, the criteria taken into account are length of service, improvement of occupational skills and output. The Committee draws the Government's attention to paragraph 54 of the above-mentioned General Survey in which it points out that while such criteria (relating to performance appraisal), are not discriminatory in themselves as a basis for wage differentiation, they must be applied bona fide. The Committee asks the Government to indicate how it ensures that these methods for assessing tasks are not applied in a discriminatory manner and to provide copies of collective agreements in sectors of activity employing a large number of women workers.

4. The Committee notes the information supplied on the public service and Decree No. 11 of 7 January 1993 fixing the public service wage scales. It notes that although there are women at all levels, there are fewer women than men except in administrative jobs. The Committee notes that a Bill is being prepared on the promotion of women particularly in employment. It asks the Government to keep it informed of the progress of the above Bill in its reports on the application of Convention No. 111.

5. The Committee notes that the Government again states that the "Direccíon de Vigilancia y Control" and the labour inspection services are empowered to monitor and supervise the observance of legal provisions, and that the National Wages Council is a tripartite body. It also notes that above-mentioned Decree No. 1398 (sections 14 and 15) provides for the establishment of a coordination and supervision committee to monitor the strict application of its provisions. The Committee would be grateful if the Government would supply information on the activities of the "Direccíon de Vigilancia y Control" and the labour inspection services which concern the Convention (infringements recorded, penalties imposed and court decisions, if any) and on the activities of the new Committee insofar as they concern the application of the principle of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information contained in the Government's report in reply to its previous comments.

1. Application of the Convention in the national public service. For many years the Committee has been making comments on the possibility under the legislation of discriminatory measures - particularly on grounds of political opinion - liable to be used in appointments to the public service. The Committee recalls that by virtue of Decrees No. 2400 of 1968, amended by Act No. 61 of 1987, and No. 1950 of 1973, the power of free appointment and dismissal applies to many posts (for example, employees of the General Directorates of Customs and Taxes, public employees of State-run industrial and commercial establishments and part-time posts) and that this could lead to decisions being taken in an arbitrary manner, contrary to the Convention. The Committee notes with interest that the new Constitution of 1991 provides, in its article 13, that there can be no discrimination against workers on the grounds of sex, race, national or family origin, language, religion and political opinion or philosophy and requires, in its article 53, that the labour legislation which is to be adopted shall take into account certain fundamental principles, including equality of opportunity for workers. It also notes with interest article 125, paragraph 5, of the Constitution according to which political affiliation can in no way count in appointment to, advancement in or dismissal from the career public service. The Committee nevertheless notes that Act No. 61 of 1987 remains in force and that a large number of posts are therefore still excluded from the career public service and subject to free appointment and dismissal. It accordingly asks the Government to take measures to ensure that those posts subject to free appointment are limited to those higher posts involving special responsibility for the execution of government policy, as allowed by Article 1, paragraph 2, of the Convention, and to inform the Committee of any progress made in this respect.

In addition, the Committee notes that under section 1, paragraph 3, of Act No. 61 of 1987, the Government was to set rules concerning the selection, promotion and termination of employees of the General Directorates of Customs and Taxes which are excluded from the career public service. It requests the Government to supply copies of any texts which may have been adopted.

2. Application of the Convention at other levels of the public service. In previous comments, the Committee had noted, and the Government had acknowledged, that there had been cases of discrimination based on political opinion at the regional level of the public service. The Committee notes that under article 125, paragraph 1, of the 1991 Constitution "employment in State bodies and entities shall be career posts". It notes with interest the Government's statement that this means that the career public service has been opened up to extend to employment at the departmental and municipal levels, thus restricting the power of free appointment and dismissal available at those levels, and that the number of posts that could be listed as career posts has been increased. The Committee would be grateful if the Government would communicate with its next report copies of the laws or regulations which regulate the career public service at the departmental and municipal levels.

3. Discrimination on grounds of sex. In relation to the comments made by the Workers' Central Organization (CUT) in 1989 concerning practices which are discriminatory on grounds of sex, such as negative pregnancy testing before employing a woman, lower wages for women and absence of protection against sexual harassment, the Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is to issue a resolution expressly banning the requirement of a pregnancy test for obtaining employment and that it will send to labour inspectors a circular requiring them to make sure that there is no discrimination based on sex or sexual harassment. The Committee hopes that this resolution and the circular will be issued in the near future and requests the Government to furnish copies of them once they are adopted.

The Committee again expresses the hope that the Government will provide information on the practical effect given to Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination against women in employment and provides for measures of inspection and supervision in relation to education and training.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government in its last report.

1. The Committee notes that, under the terms of section 128 of the Substantive Labour Code, as amended by Act No. 50 of 1990, remuneration does not include sums that are paid to the worker by the employer on an occasional basis and out of generosity, such as occasional premiums, bonuses or rewards, or the allowances in cash or in kind that are paid to workers to carry out their jobs, such as the costs of representation, means of transport or other similar expenses, and also certain social benefits or customary or occasional benefits, when the parties have explicitly provided that they do not constitute remuneration, such as food, housing or clothing, holiday bonuses above the legal minimum and holidays for service or Christmas. The Committee points out that in accordance with Article 1, paragraph (a), of the Convention, the term "remuneration" includes the wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. The Committee hopes that the Government will take the necessary measures to bring section 128 of the Substantive Labour Code into conformity with this provision of the Convention and that it will supply information in its next report on the progress achieved in this respect.

2. In its previous comments, the Committee requested information on the application of section 143 of the Substantive Labour Code, which provides that "equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency".

The Committee notes the ruling by the Supreme Court, referred to by the Government in its report, under which it appears that section 143 of the Substantive Labour Code may not be interpreted in such a way as to cover equal remuneration for work of equal value, as provided for in the Convention. The Committee therefore hopes that the Government will be able to take the necessary measures to amend section 143 of the Substantive Labour Code so that it provides for equal remuneration for work of equal value.

3. The Committee once again requests the Government to supply detailed information in its next report on the methods used in job evaluation systems in large enterprises, and on how the principle of equal remuneration is applied in practice to men and women workers who are paid above the minimum wage level. In this respect, the Committee would be grateful if the Government would supply copies of collective agreements concluded in sectors of activity that employ a large number of women workers.

4. The Committee notes that Decree No. 1042 of 1978 (7 June) establishes the system for job titles and classification in the public services and that Decree No. 050 of 1981 sets out the remuneration rates for jobs in the public service. The Committee requests the Government to indicate the types of jobs in which women are employed in the public service and the number and proportion of women at the various levels.

5. The Committee notes that the Dirección de Vigilancia y Control and the labour inspection services are empowered to monitor and survey the observance of legal provisions. The Committee requests the Government to supply statistics on the number of contraventions reported under section 143 of the Substantive Labour Code and the sanctions imposed.

6. In its previous comments, the Committee noted that the representative organisations of employers and workers form part of the National Wages Council, permitting them to cooperate in the decision-making process with regard to wages. The Committee once again hopes that the Government will continue to provide information on the progress achieved in giving effect to the provisions of the Convention through cooperation with employers' and workers' organisations.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee refers to its previous comments and takes note of the Government's report received in January and November 1990.

1. Application of the Convention in the Public Service

In previous comments, the Committee has noted that by virtue of the provisions of the national legislation (Decrees Nos. 2400 of 1968 and No. 1950 of 1973) the power of free appointment and dismissal may be exercised by a large number of public servants and applies to many posts, and that this could lead to the adoption of decisions that are arbitrary and contrary to the Convention. The Committee takes note of Act No. 61 of 1987 transmitted by the Government, which, inter alia, issues rules on careers in the administration. Section 1 of this Act amending and supplementing Decree No. 2400, specifies the posts subject to free appointment and dismissal. The Committee notes that free appointment and dismissal still apply to a large number of posts and have been extended to those of rectors, vice-rectors and deans of universities and their secretariat staff, and to employees of the General Directorate of Customs and Taxes.

With regard to public employees in industrial and commercial state enterprises (section 1(i) of Act No. 61 of 1987) which are included in the category subject to free appointment and dismissal, the Committee duly notes that section 3 of Decree No. 1950 of 24 September 1973 defines public employees as persons holding the management posts or positions of trust specified in the statutes of such enterprises. The Committee wishes to point out that, even in the case of management posts or positions of trust, the appointment and dismissal of their holders should not automatically be freed from the protection against discrimination laid down in the Convention, particularly discrimination on grounds of political opinion.

The Committee notes in this connection that according to Report No. 259 of the Committee on Freedom of Association (Case No. 1465) (Executive Decrees No. 1044 of 1987 and No. 510 of 1988), 478 "official workers" were reclassified as public employees at Colombian National Railways and are therefore subject to free appointment and dismissal and consequently to possible discrimination contrary to the Convention. In this connection, the Committee refers to its General Survey of 1988 on Equality in Employment and Occupation, and particularly to the indications concerning the manner in which the terms of Article 1, paragraph 2, of the Convention should be applied, according to which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. As regards the public service in particular, it is admissible to take account of the political opinions of those concerned only in the case of certain higher posts which are directly concerned with implementing government policy.

In its previous observation, the Committee referred to the allegations of the United Central Workers' Organisation (CUT) that dismissals for political reasons are still occurring in the public sector owing to the absence of a true administrative career structure and that the relevant provisions in force are only applied at national level. The Committee notes the Government's statement in its report, that the administration is alert to the matter and has exercised strict control to avoid further dismissals of this nature which occur particularly at regional level. The Committee notes with interest the Circular of 28 June 1989 sent for this purpose by the Ministers of Government and Labour and Social Security to the heads of all provincial and local administrations.

The Committee also notes with interest Act No. 10 of 1990 to reorganise the National Health System and establish rules governing the administrative careers of personnel in the National Health system, including the provincial and local public health sectors. Section 27 of the Act provides that municipalities must apply the administrative career rules by 30 July 1991 at the latest, and the other levels of administration before 30 December 1990. The Committee notes the Government's statement that, pending the issuance of rules governing careers in local and provincial administrations for public employees in all other departments, municipalities and mayors shall apply to their employees the disciplinary system established for public employees in the national administration in Act No. 13 of 1984 and Regulatory Decree No. 482 of 1985.

The Committee requests the Government to report on measures taken or envisaged to limit the jobs subject to free appointment and dismissal at both national level and local levels of administration so as to prevent dismissals of a discriminatory nature and particularly dismissals on grounds of political opinion or affiliation. The Committee hopes that the Bill to establish an administrative career structure at levels other than the national level, to which the Government referred previously, will be adopted shortly and that the Government will continue to report on measures taken to eliminate discrimination in employment for political reasons, in conformity with the Convention.

2. Discrimination on grounds of sex

The Committee recalls the allegations of the CUT concerning practices which are discriminatory on grounds of sex: negative pregnancy test before employing a woman, lower wages of women in percentage terms and absence of protection against sexual harassment.

The Committee again requests the Government to provide information on the allegations submitted by the United Central Workers' Organisation and on any measures taken or envisaged to implement the Convention in respect of the matters raised, in particular on the practical effect given to the provisions of Decree No. 1398 of 1990 which aims, inter alia, at eliminating discrimination in employment and provides for measures for inspection and supervision in this field.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the Government's report and the annexes thereto, and observes that section 143 of the Labour Code to which the Government refers provides that equal wages shall be paid for equal work performed in the same job, with the same working time and under equal conditions of efficiency. It also notes that the Supreme Court, in its judgement of 10 October 1980, interpreted section 143 of the Labour Code to the effect that in individual cases there is a strict requirement to show fully the equality of conditions of efficiency between workers who receive different wages, though working in the same enterprise and performing the same job with the same working time. The Committee wishes to point out that under the Convention the principle of equal remuneration applies not only to equal or similar work but also to work of a different nature but of an equal value, and refers in this respect to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration. The Committee requests the Government to include in its next report information on how the principle of equal remuneration in the meaning of the Convention is applied to men and women workers who perform in practice jobs of a different nature but of equal value.

2. The Committee notes that remuneration is generally agreed upon in collective agreements, and that a minimum wage applicable to all workers is fixed by the Government through the National Council on Salaries. It also notes from the Government's report that the great majority of large enterprises have established job evaluation systems. The Committee requests the Government to include in its next report detailed information on the methods used for the establishment of these job evaluation systems, as well as information on how the principle of equal remuneration is applied in practice to men and women workers who are paid above the minimum wage level. In that respect, the Committee asks the Government to communicate copies of collective agreements concluded in sectors of activity that employ a large number of women workers.

3. With regard to the public sector, the Committee requests the Government to include in its next report detailed information on the application of the principle of equal remuneration for work of equal value to men and women workers in that sector, including descriptions of job evaluation systems used.

4. The Committee notes that the Labour Department is responsible for supervising and ensuring the application of the provisions of the Convention; it has noted the statistics attached to the Government's 1987 report. The Committee asks the Government to continue to provide it with information on the measures taken by the Labour Department to promote the application of the principle of equal remuneration for work of equal value.

5. The Committee notes that the most representative employers' and workers' organisations form part of the National Wages Council, permitting them to co-operate in the decision-making process with regard to salaries. The Committee asks the Government to continue to provide information on the progress achieved in giving effect to the provisions of the Convention through co-operation with employers' and workers' organisations.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee noted that Act No. 13 of 9 March 1984, respecting the disciplinary system, and Decree No. 583 of 1984, regulating special enrolment in the administrative careers system, apply to persons employed at the national level and it requested the Government to supply information on the measures that have been taken or are envisaged to ensure employees of departments and municipalities the protection of an administrative career and protection against dismissal, except for previously established breaches and following a special procedure as provided for in Act No. 13 and Decree No. 583 of 1984 for persons employed at the national level.

The Committee notes the Government's indications to the effect that departmental assemblies and municipal councils are competent to issue the corresponding rules for their jurisdictions, although it is probable that, in accordance with the fundamental objective of the Government to give the state administration an effective administrative career structure, the legislative body will regulate this structure at all levels.

The Committee requests the Government to continue supplying information on this matter and refers to the comments that it makes in its observation concerning the protection granted by the Convention against discrimination on grounds of political opinion or affiliation.

2. The Committee notes that the Ministry of Labour and Social Security has promoted the examination and analysis of particular situations which create conflicts and give rise to discrimination against women at work, and has prepared various proposals, among which are the creation of the Office of Labour and Social Security Affairs for Women (report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women, CEDAW/C/5/Add.32, of 21 January 1986).

The Committee requests the Government to indicate whether the Office of Labour and Social Security Affairs for Women has been set up and, if so, to supply information on the activities undertaken by it.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report and the comments submitted by the United Central Workers' Organisation (CUT) in a communication dated 3 March 1989 concerning the application of the Convention.

1. Discrimination for political reasons in the public service

In its previous comments, the Committee noted that posts in the public service are career administration posts or posts subject to "free appointment and dismissal" ("cargo de libre nombramiento y remoción", section 3 of Decree No. 2400 of 1968 and 18 of Decree No. 1950 of 1973) and that the latter posts can be declared abolished at any time "in accordance with the power held by the Government freely to appoint and dismiss its employees" (section 107 of Decree No. 1950 of 1973). The Committee also noted that for ten years, as a result of the declaration of the state of emergency, the Decrees on administrative careers had been suspended and all officials who entered the public service at that period were subject to "free appointment and dismissal".

When the state of emergency was lifted, the Decrees on administrative careers came back into force, but non-permanent posts continue to be subject to "free appointment and dismissal".

The Committee referred to section 3 of Decree No. 2400 and section 18 of Decree No. 1950, concerning the offices of "free appointment and dismissal", which include staff members of the secretariats of certain administrative authorities which perform auxiliary functions, part-time employees and those coming, inter alia, under the staff regulations of public establishments.

The Committee requested the Government to supply information concerning the authorities which exercise the power of "free appointment and dismissal" and concerning the number of employees in posts of this type.

With reference to the power of free appointment and dismissal, the Government indicates that this is exercised, firstly, by the President of the Republic, who appoints ministers, junior ministers, heads of administrative departments, superintendents, managers of national public establishments and governors. These in turn appoint employees who are subject to "free appointment and dismissal" in the bodies for which they are responsible.

With regard to declaring jobs abolished, the Government indicates that this is a manner of dismissing a public employee from his post, as a result of the wish of the administration, and that the latter is not obliged to give reasons for the act of declaring the post abolished, although there must exist just causes for its decision.

The Committee wishes to refer to paragraphs 112 et seq. of its 1988 General Survey on Equality in Employment and Occupation in which it indicates that "in the context of efforts to promote equality of opportunity and treatment in employment, the concept of security of tenure denotes in effect the guarantee that dismissal must not take place on discriminatory grounds, but must be justified by reasons connected with the worker's conduct, his or her ability or fitness to perform his or her functions ..."

The Committee notes that under the above provisions of the national legislation, the power of free appointment and dismissal can be exercised for a fairly large number of employees and can include a large number of posts. This broad discretional power to appoint and dismiss employees opens up the possibility of arbitrary decisions that are contrary to the Convention, without those affected being able to defend themselves effectively.

The Committee notes that the concerns that it has been expressing for several years in this connection coincide with the comments submitted by three national workers' organisations concerning the effect given in practice to the Convention.

In its comments set out in a communication dated 3 March 1989, the CUT alleges the existence in practice of discrimination for political reasons in the public service. Many workers have been dismissed from their posts when there have been political changes in the public authorities. By way of illustration, the CUT alleges that more than 100 workers, who did not belong to the political party of the Governor who was appointed in 1987, were dismissed in Sucre; more than 50 employees in the District Treasury and Health Secretariat were dismissed following changes in the political coalitions in the Council of Bogotá at the end of 1988 and many public employees in various municipalities in the Valle del Cauca were dismissed following the election of mayors in 1988.

The CUT states that the absence of a true administrative career structure and the use of the procedure of declaring jobs abolished (a procedure under which an official appointed to a post that is subject to "free appointment and dismissal" may be dismissed without giving reasons for so doing) facilitates a practice known as "patronage" and that the implementation of an administrative career structure appears to be a prerequisite for the eradication of such discriminatory practices.

In previous comments, the Committee referred to the same issues, which had been the subject of comments (on the application of the Convention) submitted by various workers' organisations; by the Workers' Union of Colombia (UTC) in 1979 and the General Confederation of Labour (CGT) in 1982.

The Committee notes that the allegations of the above organisations coincide in referring to the existence of discrimination on grounds of political affiliation in the public service, where posts are attributed on the basis of quotas reserved for the political leaders, the use of the procedure of declaring jobs abolished for this purpose and the urgent need to introduce an administrative career structure as a means of eradicating these practices.

The Committee requests the Government to examine the provisions respecting the power to freely appoint and dismiss in the light of the Convention so that decisions respecting the appointment and dismissal of employees are subject to objective criteria and guarantees that are explicitly set out in law and ensure the observance of the Convention, which is to protect workers against discrimination on grounds of political opinion.

The Committee also requests the Government to supply information on the distinction that exists between "public employees" and "official workers" and to specify employees who belong to one or the other category and the rules which are applicable to them.

The Committee hopes that the Government will supply detailed information on the questions that have been raised and on the allegations of the CUT concerning the dismissal of workers in the public sector in Bogotá, Sucre, Valle del Cauca (Candelaria, Roldanillo) and Antioquia. The Committee also hopes that the Government will supply information on the measures that have been taken or are envisaged to give effect to the Convention on these matters.

2. Discrimination on grounds of sex

The Committee notes the information contained in the report submitted by the Government of Colombia to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add.32) of 21 January 1986, according to which discrimination in employment on grounds of sex exists, due to the legislation that is in force and to cultural attitudes.

The CUT also refers in its comments to the existence in practice of discrimination on grounds of sex, since many enterprises in practice require a negative pregnancy test before employing a woman and since the wages of women in enterprises are lower in percentage terms. Furthermore, the CUT alleges that there is no protection against the sexual harassment to which women workers are subject in many cases, both for access to employment and for its maintenance, and to obtain promotion and transfers.

The Committee hopes that the Government will supply detailed information regarding the allegations submitted by the United Central Workers' Organisation and on the measures that have been taken or are envisaged to implement the Convention in relation to the matters that have been raised.