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FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 1250
INFO RUEHOT/AMEMBASSY OTTAWA PRIORITY 2452
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 1535

UNCLAS BOGOTA 000501 
 
SIPDIS 
 
SIPDIS 
 
DEPT. PLEASE PASS TO DOL/ILAB FOR TINA MCCARTER, DRL/IL 
FOR TU DANG 
 
E.O. 12958: N/A 
TAGS: ELAB ETRD PHUM CA CO
SUBJECT: UPDATE OF WORST FORMS OF CHILD LABOR:  COLOMBIA, 
2007 
 
REF: STATE 158223 
 
¶1.  Embassy Bogota's update of worst forms of child labor 
information request follows. 
 
¶2.  LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF CHILD 
LABOR INDICATORS: 
 
-What laws have been promulgated on child labor, such as 
minimum age(s) for employment or hazardous forms of work? Are 
there exceptions to the minimum age law? 
 
Colombia increased the minimum employment age to 15 years 
through the New Code on Children and Adolescents, enacted by 
law 1098, which it passed on November 8, 2006.  This law 
supersedes previous provisions that allowed the Colombian 
Institute of Family Welfare (ICBF), under special 
circumstances, to make exceptions for some minors under age 
15 to work.  The law limits children's working hours. 
Children between 15 and 17 may work 6 hours per day and a 
maximum of 30 hours per week.  Those between 17 and 18 may 
work 8 hours per day and a maximum of 40 hours per week.  The 
law prohibits children under age 17 from working between the 
hours of 6 p.m. and 6 a.m.  17 year-olds may not work past 8 
p.m.  The law also bars minors from work that may harm their 
morality as well as work that is exploitative or hazardous. 
 
-What laws have been promulgated on the worst forms of child 
labor, such as forced child labor and trafficking or child 
prostitution and pornography?  What is the country's minimum 
age for military recruitment? 
 
The Constitution prohibits slavery and servitude.  It also 
bans human trafficking, and the law punishes trafficking of 
children under 18 with fines and 17 to 35 years 
incarceration. 
 
According to Decree 3966 of 2005, minors under 18 may not 
serve in the government armed forces or perform 
defense-related or intelligence activities.  The law regards 
minors that participate in the country's hostilities as 
victims.  Armed groups must place all minor recruits with 
ICBF in order to participate in the government's 
demobilization process. 
 
-If the country has ratified Convention 182, has it developed 
a list of occupations considered to be worst 
forms of child labor, as called for in article 4 of the 
Convention? 
 
The GOC ratified Convention 182 on Jan. 28, 2005, and 
Ministry of Social Protection (MSP) Resolution #4448, issued 
in 2005, identifies the worst forms of child labor that are 
prohibited for all minors under 18.  Minors are cannot 
perform most work related to: agricultural work destined for 
market, such as coffee, flowers, sugarcane, cereals, 
vegetables, fruits, tobacco, and livestock; fisheries; 
lumber; mining or work underground; industrial manufacturing 
and bakeries; utilities; construction, painting, and heavy 
equipment; transportation or warehousing; healthcare; defense 
and private security; and unskilled labor such as 
shoe-shining, domestic service, trash collection, messenger 
service, doormen, gardening, work in clubs and bars, and 
street sales.  Minors must also not work in conditions which 
have loud noises, strong vibrations, dangerous substances, 
poor lighting or ventilation, activities underground or 
underwater, biological or chemical materials, safety risks, 
or problems due to posture or excessive physical activity. 
Minors may not work under conditions that may harm their 
psychosocial development, such as work without pay; work that 
interferes with schooling; work that keeps them separated 
from their families; work under despotic or abusive 
conditions; work in illegal or immoral situations; or between 
8 p.m. and 6 a.m. Resolution #4448 allows the ICBF to 
authorize adolescents ages 16 and 17 to work at night under 
special circumstances but, according to the ILO-IPEC office 
in Colombia, the New Code on Children and Adolescents 
supersedes this provision and prohibits work between the 
hours of 6 p.m. and 6 a.m. for minors younger than 17 years 
old, and between 8 p.m. and 6 a.m. for those 17 years old. 
The ILO-IPEC Office will reconsider the provision of 
Resolution #4448 that allows ICBF to authorize 16 and 17 
years olds to work after 8:00 p.m. as part of an upcoming 
review of the list of prohibited jobs, initiated by the MSP 
and under the framework of the Inter-institutional Committee 
for the Eradication of Child Labor. 
 
¶3. REGULATIONS FOR THE IMPLEMENTATION AND ENFORCEMENT OF 
PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR. 
 
-What legal remedies are available to government agencies 
that enforce child labor laws (criminal penalties, civil 
fines, court orders), and are they adequate to punish and 
deter violations? 
 
Penalties for violating child labor laws can include fines 
and the temporary or permanent closure of violating 
establishments.  Trafficking of children under 12 years of 
age is punishable by 20 to 35 years imprisonment.  Inducing 
prostitution can result in 2.7 to 6 years incarceration and 
fines.  Penalties for forced prostitution range from 6.7 to 
13.5 years incarceration and fines.  Penalties increase by 
one-third to one-half for both induced and forced 
prostitution if the victim is under 14 or if the crime 
involved international trafficking.  Crimes involving child 
pornography or the operation of an establishment in which 
minors practice sexual acts can carry a are punishment of 8 
to 12 years incarceration and fines.  The use of the mail or 
the Internet to obtain or offer sexual contact with a minor 
is punishable by 6.7 to 15 years incarceration and a fine, 
with increased penalties if the victim is under 12.  Posting 
child pornography on the Internet can result in fines and the 
cancellation or suspension of the web site.  The law can 
penalize tourist agencies for involvement in child sex 
tourism by fines and the suspension or cancellation of their 
registration.  Forced prostitution and sexual slavery related 
to the country's ongoing conflict are punishable by 
imprisonment from 13.3 to 27 years and fines.  The 
recruitment of minors by armed groups in relation to the 
ongoing conflict carries punishments of 8 to 15 years in 
prison and fines.  The commission of terrorist acts involving 
the participation of a minor is punishable by 16 to 30 years 
incarceration and fines.  Individuals must report child labor 
law violations to MSP.  Punishments for crimes involving 
illegal drugs, such as drug cultivation, manufacturing, and 
trafficking increase if the crimes involve a minor. 
 
- To what extent are complaints investigated and violations 
addressed? What level of resources does the government devote 
to investigating child labor cases throughout the country? 
How many inspectors does the government employ to address 
child labor issues?  How many child labor investigations have 
been conducted 
over the past year?  How many have resulted in fines, 
penalties, or convictions? 
 
The MSP conducts formal sector child labor inspections, with 
277 inspectors.  ICBF, the Ombudsmen's office, the Children 
and Adolescent Police, the Prosecutor General, and Family 
Commissioners enforce child labor laws. The National Police 
and Prosecutor General investigate and prosecute child 
trafficking and commercial sexual exploitation.  The District 
Attorney's Office has a unit dedicated to trafficking, sexual 
violence and under-aged victims.  Information is unavailable 
on how many investigations have been conducted over the last 
year, and how many resulted in fines, penalties, or 
convictions. 
 
-Has the government provided awareness raising and/or 
training activities for officials charged with enforcing 
child labor laws? 
 
The Inter-institutional Committee against Trafficking in 
Persons and various ministries have implemented 
anti-trafficking awareness-raising activities within 
Colombia, including enclosing flyers about trafficking in 
newly issued passports; installing information kiosks at 
major airports; producing short television ads and a daytime 
soap opera about trafficking; making presentations for 
at-risk school children; and assisting with the development 
of departmental and municipal anti-trafficking plans.  The 
Committee also maintains a database of trafficking cases and 
promotes collaboration between agencies.  Colombian foreign 
missions and the National Police provide assistance to 
trafficking victims that includes referrals to the 
International Office of Migration's (IOM) repatriation 
services and information on legal protections. 
 
The Ministry of Education's (MEN) Policy Guide for Vulnerable 
Populations includes strategies to address child labor.  The 
military distributes educational kits to schools in areas 
where children are at risk for recruitment into armed groups, 
and awareness-raising materials for children to prevent 
involvement in armed groups. 
 
 
¶4.  WHETHER THERE ARE SOCIAL PROGRAMS SPECIFICALLY DESIGNED 
TO PREVENT AND WITHDRAW CHILDREN FROM THE WORST FORMS OF 
CHILD LABOR. 
 
-What initiatives has the government supported to prevent 
children from entering exploitative work situations, to 
withdraw children engaged in such labor, and to advocate on 
behalf of children involved in such employment and their 
families?  These initiatives could include cash transfer 
programs that specifically target families with working 
children to enable children to leave work and enter school, 
establishment of shelters for child trafficking victims, or 
other programs.  Since the focus of the report is on 
government efforts, reporting is requested on initiatives 
carried out either by the government or by NGOs, but with 
government support.  (If possible, please provide 
information on funding levels for such initiatives.) 
 
The Government of Colombia has developed a National Plan of 
Action for the Prevention and Eradication of Commercial 
Sexual Exploitation of Boys, Girls, and Adolescents less than 
18 Years of Age (2006-2011).  This plan establishes such 
objectives as generating information, developing and applying 
legislation, prevention, provision of services to children, 
institutional capacity building, and participation of 
children in the plan.  The National Police's program, 
&Colombia without Prostitution,8 uses family and community 
education to prevent the commercial sexual exploitation of 
children.  The government participates in a USDOL-funded 
ILO-IPEC regional project costing USD 5.5 million to combat 
child domestic labor and commercial sexual exploitation. 
This project aims to withdraw 2,185 children from 
exploitative child labor and prevent 2,920 children from 
entering such work. 
 
The Inter-institutional Committee against Trafficking in 
Persons and various ministries have implemented various 
anti-trafficking awareness-raising activities within 
Colombia, including enclosing flyers about trafficking in 
newly issued passports; installing information kiosks at 
major airports; producing short television ads and a daytime 
soap opera about trafficking; making presentations for 
at-risk school children; and assisting with the development 
of departmental and municipal anti-trafficking plans.  The 
Committee also maintains a database of trafficking cases and 
promotes collaboration between agencies.  Colombian foreign 
missions and the National Police provide assistance to 
trafficking victims that includes referrals to the 
International Office of Migration's (IOM) repatriation 
services and information on legal protections. 
 
The GOC also participates in projects to combat child labor 
with the assistance of foreign governments and international 
organizations.  The government participates in a USD 5.1 
million, three-year USDOL-funded project implemented by 
Partners of the Americas and its associates to combat 
exploitative child labor by improving basic education.  This 
project seeks to withdraw 3,663 children from their 
workplaces and prevent a further 6,537 children from entering 
the workplace.  The Colombian Institute of Geology and Mining 
implements a project with UNDP to eradicate child labor in 
mining.  With support from ILO-IPEC and Canada, the 
government executed a child labor survey and contributed to 
the consolidation of the National Policy for the Prevention 
and Elimination of Child Labor. 
 
ICBF administers programs that provide services to former 
children soldiers and seek to prevent further recruitment of 
children by armed groups.  These programs receive assistance 
from the United States and from several foreign governments 
and international organizations.  The Ministries of Defense 
and Interior assist through the demobilization of child 
soldiers, who then go to the ICBF.  The Colombian Government 
participated in a three-year, USD seven million, 
inter-regional ILO-IPEC project funded by USDOL to combat the 
involvement of children with armed groups.  This project, 
which ended in 2007, sought to withdraw 5,264 children from 
child soldiering and prevent an additional 4,250 children 
from becoming child soldiers in seven countries, including 
Colombia. 
 
The Inspector General began a project in 2007 to work with 
the mayors of capital cities and the governors of Colombia's 
departments to include children and adolescents in their 
municipal and departmental development plans.  This includes 
developing indicators to track whether children and 
 
adolescents are meeting key goals and objectives related to 
staying in school and out of the work place. 
 
"Families in Action," the GOC's conditional cash transfer 
program, substantially increased school attendance and 
children's health for 700,000 families in extreme poverty. 
The GOC recently expanded the program to cover an additional 
one million impoverished families.  The program follows a 
standard conditional cash transfer model to reduce poverty 
and build human capital.  Impoverished families receive 
subsidies of USD 22 per month for taking their children for 
health check-ups and an additional USD 7-13 per month for 
each child in primary and secondary school.  By reaching this 
at-risk population, the GOC has dramatically reduced the 
number of children who might otherwise have chosen to enter 
the workforce. 
 
¶5.  DOES THE COUNTRY HAVE A COMPREHENSIVE POLICY AIMED AT THE 
ELIMINATION OF THE WORST FORMS OF CHILD LABOR? 
 
-Does the country have a comprehensive policy or national 
program of action on child labor or specific forms of child 
labor?  Does the country incorporate child labor specifically 
as an issue to be addressed in poverty reduction, 
development, educational or other social policies or 
programs, such as Poverty Reduction Strategy Papers, etc.  If 
so, to what degree has the country implemented the policy 
and/or program of action and achieved its 
goals and objectives? 
 
The GOC's National Development Plan, unveiled in July of 
2007, establishes the eradication of exploitive child labor 
as a priority.  The Plan for Childhood (2004-2015) contains 
provisions relating to child labor, including worst forms 
such as trafficking, recruitment into armed groups, and 
commercial sexual exploitation.  The objectives of the Third 
Plan for the Elimination of Child Labor and the Protection of 
Working Youth 2003-2006 included increasing knowledge and 
awareness; changing cultural norms that promote child labor; 
improving legislation and public policy; and implementing 
strategies that address these problems.  The GOC finalized 
its National Strategy for the Eradication of Child Labor for 
2007-2015 at the end of 2007, and will unveil it in February 
¶2008.  The Inter-institutional Committee for the Eradication 
of Child Labor has conducted training; it also maintains a 
child labor information system.  The MSP and the National 
University of Colombia worked to eradicate exploitive child 
labor through a media campaign, community and school 
education, and inter-institutional coordination. 
 
The GOC has developed a National Plan of Action for the 
Prevention and Eradication of Commercial Sexual Exploitation 
of Boys, Girls, and Adolescents Less than 18 Years of Age 
(2006-2011).  This plan establishes such objectives as 
generating information, developing and applying legislation, 
instituting prevention programs, providing services to 
children, building institutional capacity, and boosting 
children's participation.  The National Police's program, 
&Colombia without Prostitution,8 uses family and community 
education to prevent the commercial sexual exploitation of 
children.  The government participated in a USDOL-funded 
ILO-IPEC regional project costing USD 5.5 million to combat 
child domestic labor and commercial sexual exploitation. 
This project, which ended in December, 2007, had a goal of 
withdrawing 1,747 children from exploitive child labor and 
preventing 2,584 children from entering such work. 
Similarly, Colombia participates in the US-DOL funded project 
for the elimination of child Labor run by Partners of the 
Americas. 
 
The ICBF currently works in 25 municipalities to identify and 
document children workers.  MSP also helps to do this in 
twelve departments.  In conjunction with the ILO, these 
entities work to develop a national database of child 
workers, which will facilitate targeting resources and 
services to the children that need them. 
 
-Is education free in law and in practice?  Is education 
compulsory in law and in practice? 
 
Education is free, although students pay for school supplies 
and related items.  Education is compulsory in law and 
practice until age 15. 
 
¶6.  IS THE COUNTRY MAKING CONTINUAL PROGRESS TOWARD 
ELIMINATING THE WORST FORMS OF CHILD LABOR? 
 
- In what sectors/work activities/goods are children involved 
and how has this changed over the past year. 
 
New information from the national statistics agency released 
in 2007, indicates that in 2005, approximately 11.6 percent 
of boys and 6 percent of girls ages 5 to 17 worked in 
Colombia.  The majority of those children labored in the 
agricultural sector (37.1 percent), followed by commerce 
(32.01 percent), manufacturing (12.6 percent), services (8.69 
percent) and other sectors (9.6 percent). 
 
-Please provide information on industries where child labor 
occurs as well as specific tasks in which children 
are involved and goods they produce, if available.  Please 
also provide information on age and gender of working 
children, desegregated by industry/work activity/good, if 
possible. 
 
In urban areas, children work primarily in such sectors as 
commerce, industry, and services.  In rural areas, children 
work primarily in agriculture and commerce.  Many children 
work as domestic servants or in family businesses, often 
without pay.  Children mine emeralds, gold, clay, and coal 
under dangerous conditions. Colombia's Department of National 
Statistics estimates that 8,733 children work in illegal 
mines.  Some Colombian children harvest coca, most of which 
is used in the illegal drug trade. 
 
-To what extent are children working in slavery or practices 
similar to slavery, such as debt bondage, 
serfdom, and forced or compulsory labor?  Please indicate 
industries where this occurs and, if applicable, specific 
goods that such children produce. 
 
Children in Colombia are recruited, sometimes forcibly, by 
insurgent and new criminal groups to serve as fighters in the 
country's ongoing conflict.  Over the last year, the average 
age for deserters of Foreign Terrorist Organizations (FTOs) 
has gone down. The ILO office has received reports that some 
criminal groups have forced some children to perform forced 
labor.  Many are forced to participate in and are victims of 
human rights violations such as torture and murder.  Children 
also work in the cultivation of coca and opium and in the 
processing of illicit drugs using harsh chemicals. 
Reportedly, the government armed forces has used children as 
informants in some cases. 
 
-To what extent are children trafficked to work? Are children 
trafficked for commercial sex or for labor 
exploitation?  If labor-related, what specific industries or 
for the production of what specific goods are children 
known to be trafficked?  Are they trafficked across national 
borders or within the country (specify source, 
destination and transit countries/regions/communities, if 
possible). 
 
Many children are victims of commercial sexual exploitation, 
including pornography, prostitution, and sexual tourism. 
Colombia is a major source of girls trafficked for commercial 
sexual exploitation.  An estimated 25,000 minors worked in 
the commercial sex trade in Colombia, according to a 2001 
report by the Inspector General's Office, and Colombia is a 
major source of girls trafficked for the purpose of 
commercial sexual exploitation.  Children are trafficked 
internally from rural to urban areas for sexual exploitation 
and forced labor. 
 
 
Brownfield