Proposed Colombia Free Trade Agreent: Labor Laws, Protections, and Enforcent_child labor law officer

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Proposed Colombia Free Trade Agreent: Labor Laws, Protections, and Enforcent

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ciamemoryhole 2009-07-10 11:24:24 Publish:

A third main issue in the CFTA is adequacy of enforcement of Colombia's labor laws, and
Colombia's ability to protect workers. Many observers point out that enforcement of labor laws
and standards generally is an issue for Colombia as well as throughout Latin America and other
developing countries.

Proponents point to Colombia's system of labor laws and protections, which include ratification
of all four ILO core labor standards. They argue that "Colombia's laws provide for fundamental
labor rights and more."18 These ILO standards (1) protect the right of workers to organize and
bargain collectively, (2) prohibit forced labor, (3) prohibit child labor, and (4) provide for non-
discrimination in employment.

After long-standing criticisms by the ILO that Colombia was not adhering to its labor code, in
January 2007, a "permanent" ILO representative opened an office in Colombia pursuant to a June
2006 tripartite agreement. In October, 2007, it received $4.0 million in funding from the
Colombian government. Subsequently, the ILO removed Colombia from discussion in its
Committee for the Application of Standards (which examines significant problems in specific
countries) for the first time in 21 years.19 The ILO has no enforcement authority. Its main tools
are technical assistance and moral suasion. However, the government and the ILO are working to
improve cooperation among national, regional and municipal governments to eradicate child
labor and protect working youth issues addressed in the paragraph below.

Opponents argue that the State Department's Country Reports on Human Rights Practices, 2007
notes numerous shortcomings in Colombian law and its enforcement, of which the following are
examples: Right to organize and bargain collectively: The right to organize and bargain
collectively in Colombia is limited because of high unemployment, a large informal economic
sector, traditional anti-union attitudes, and violence against trade union leaders. Prohibitions
against forced labor: Forced labor is a problem in prostitution and in new illegal guerrilla
groups which practice forced conscription, including the conscription of children. Prohibitions
against child labor: Child labor remains a significant problem, particularly in the informal
sector, as well, in the sex industry, in mining, and in coca picking. Colombia's 276 labor
inspectors for enforcing child labor laws in the formal sector (covering about 20% of the child
labor force) are seen as inadequate for effective enforcement.

Finally, the State Department's Country Reports, 2007 also points to the inadequacy of some of
Colombia's labor laws. For example, the monthly minimum wage in Colombia, about $205, does
not provide sufficient income to purchase a basic market basket of goods for a family of four. In
addition, it is difficult to enforce the minimum wage in the informal sector.

Endnotes

18
Office of the USTR. Colombia FTA Facts. Colombia's Labor Laws and Labor Protections. March 2008.
19
Country Reports on Human Rights Practices, 2007. Yahoo: child labor law Proposed Colombia Free Trade Agreent: Labor Laws, Protections, and Enforcent child labor law officer
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