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Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

The Government respects and complies with the recommendations made by the ILO supervisory bodies. We therefore wish to first highlight that the Government’s labour reforms intended to promote dignified and decent work, currently being considered by Congress, include, inter alia, an approach that will ensure the social and labour inclusion of persons with disabilities, provisions relating to their right to work and regulations governing legal capacity, reasonable accommodations, non-discrimination, a private-sector recruitment quota and job stability.
The relevant draft legislation includes specific obligations for employers in relation to the removal of barriers, accessibility and the adoption of reasonable accommodations so that persons with disabilities may enjoy their right to work. In this respect, the main focus of the barrier removal strategy should be reasonable accommodations, which should be linked to the concept of universal design for efficiency and collective well-being in a differential approach for the inclusion of persons with disabilities.
Regulations that allow for the removal of barriers to employment for persons with disabilities will be introduced as part of the labour reforms, including:
  • guarantees of the right to work and the legal capacity of persons with disabilities to enter into employment contracts;
  • an obligation for employers to make the reasonable accommodations required by persons with disabilities to allow them to undertake their work and remain in employment;
  • regulation of strengthened job security in relation to the termination of the employment relationship of persons with disabilities;
  • non-discrimination measures to assist persons with disabilities in gaining access to, and remaining in, employment, and the establishment of a recruitment quota for persons with disabilities in the private sector: “Companies with between 50 and 100 employees must recruit or retain, as applicable, at least one employee with a disability; companies with 101 or more employees must recruit or retain employees with disabilities so that such persons comprise at least 2 per cent of their workforce”.
The draft legislation bases the protective environment on the greater job security enjoyed by workers with disabilities who are in employment relationships governed by contracts setting out their declared disabilities, reversing the burden of proof when discrimination is suspected. At the same time, it sets out specific obligations for employers to remove barriers so that persons with disabilities may enjoy the right to work.

New regulations

National Development Plan 2022–26
The Government has included in the National Development Plan a chapter on guarantees to bring about a world without barriers for persons with disabilities. The chapter recognizes that, historically, persons with disabilities have suffered social and institutional exclusion, both in law and as a result of limited access to public services, rights and State provision. Consequently, it proposes around seven actions in that regard: strengthening the National Disability System so that the services offered to persons with disabilities align adequately with the State’s commitments under the Convention on the Rights of Persons with Disabilities; education and employment as vital tools in developing the skills of persons with disabilities given their contribution to reducing poverty; accessibility for the social and productive inclusion of persons with disabilities; realizing equality before the law and guaranteeing access to justice; and designing strategies to empower persons with disabilities in terms of citizen, electoral and political participation, ensuring reasonable accommodations that enable their participation. These actions are currently being planned and developed by the various ministries responsible, particularly the recently created Ministry of Equality and Equity, and it will therefore be possible to extend the documents and policies created in the coming months.
Decree No. 533 of 29 April 2024 represents a significant step forward, allowing the Ministry of Labour to introduce incentives for employers who recruit workers with disabilities in accordance with section 79 of Act No. 2294 of 19 May 2023. This programme, led by the Ministry of Labour, seeks to promote formal employment through financial incentives and remove barriers to access for specific groups.
The Decree aims to regulate incentives for the recruitment and retention of new formal jobs and is aimed at employers that create jobs employing new employees for at least six months. The Decree’s provisions include a State contribution of 35 per cent of the statutory monthly minimum wage for the recruitment of persons with disabilities, thereby illustrating the affirmative action taken, with State funding, to create new jobs using a differentiated approach for persons with disabilities.
The Decree also provides for a contribution of 30 per cent of the wage when new workers aged between 18 and 28 years are employed formally, 20 per cent in the case of new female workers aged over 28 years and 15 per cent in the case of new male workers over 28 years. An additional 10 per cent will be granted where the new worker has not made social security contributions in at least the four months prior to the minimum six-month employment relationship required to receive the incentive.
Furthermore, the Government issued Presidential Directive No. 005 of 25 August 2023 with the aim of helping persons with disabilities lead decent lives with equal opportunities, free from exclusion and discrimination.
Similarly, since the issuance of Decree No. 2011 of 2017, there has been a significant increase in the recruitment of persons with disabilities in public bodies; while there were 1,192 public officials with disabilities when the Decree was issued, data from the Public Employment Information and Management System demonstrates that, in 2023, up to 31 December, 13,581 persons with disabilities were recruited or contracted by 913 public sector bodies, including 11,424 public officials and 2,157 contract workers.

More specific action

To date in 2024, the Ministry of Labour, together with the Administrative Department of the Public Service and the Public Employment Service (PSE), and with the support of strategic partners such as the National Institute for the Blind and the National Institute for the Deaf, has planned four regional training workshops for employment managers in local government. Those workshops took place virtually and sought to strengthen the support provided by the relevant bodies and help regulate recruitment quotas for persons with disabilities in public bodies at the local level.
The Ministry of Labour, in coordination with the Public Employment Service Unit and employment agencies, has managed the placement of around 12,808 persons with disabilities over the last four years. Placements were found for 3,959 persons with disabilities in 2022, rising to 4,265 persons with disabilities in 2023.
Moreover, the Ministry of Labour has provided training to public officials and the social partners.
The Government, through the Ministry of Labour, has undertaken promotional activities in conjunction with the National Disability System, the Administrative Department of the Public Service, the Public Employment Service Unit and the National Training Service (SENA) with the aim of facilitating and gradually increasing the placement of persons with disabilities in the public and private sectors under the Labour Inclusion Model, with a focus on closing gaps.
Between 2020 and 2023, the Ministry of Labour participated in the implementation of 282 in-person, online and hybrid activities to promote the labour market inclusion of persons with disabilities, from which over 18,626 persons benefited.
A labour market inclusion strategy for persons with disabilities has been developed. The strategy aims to provide technical and operational capacity to the network of public employment service providers to ensure the adequate delivery of services for persons with disabilities and employers, thus allowing for the population to enter and remain in the workforce.
The Public Employment Service Unit has provided advisory services for employees of compensation funds on the labour market inclusion of persons with disabilities on the employability road map of the Public Employment Service Unit for the first and second levels of the employability road map.
During the implementation of the project financed by the International Organization for Migration and the United States Agency for International Development to strengthen management and placement services providing assistance to persons with disabilities and members of ethnic groups, five workshops were held for SPE providers, which focused on the provision of support by management and placement services for persons with disabilities belonging to ethnic groups.
An 80-hour workshop on Colombian sign language (levels I and II) was held with the participation of 23 SPE providers, and training and advisory services on web accessibility were provided to ten SPE providers. A toolbox was delivered with seven videos, five printed media documents in accessible format and three collections of recommendations, which strengthen the employment road map services for persons with disabilities, with a focus on members of ethnic groups.
A Colombian sign language course was delivered to SPE providers. The first online course was completed and was attended by 28 collaborators from the SPE provider network and two public officials from the SPE’s citizen assistance group.
Furthermore, the SPE has made available to the network of providers an online course aimed at public officials with the aim of strengthening skills for the labour inclusion of persons with disabilities. A total of 831 persons enrolled on the course and, by November 2021, 580 trainees had been certified.
Through an online event, 23 employment centres from 11 SPE providers were recognized as being inclusive of persons with disabilities and for the effective implementation of changes to the employability road map for the provision of assistance to persons with disabilities under the labour inclusion model, with the focus on closing gaps and the labour inclusion model for persons with disabilities. The ABC guide to promoting the labour market inclusion of persons with disabilities in the SPE was developed, which was aimed at the SPE network of providers, employers, persons with disabilities and the general public, and which sets out the management and placement services, and the main tax benefits for hiring persons with disabilities.
The document annexed to the recommendations and guidelines for the provision of assistance to persons with psychosocial disabilities has been developed and delivered in the context of the SPE employability road map with the aim of providing the SPE network of providers with recommendations and guidelines that promote assistance for persons with such disabilities.
Advisory services and support for business management were provided to promote the inclusion of persons with disabilities in the department of Caquetá, with the aim of fostering the employment of persons with disabilities. Forty employers participated.
The organization of a meeting with employers was promoted in the department of Meta, with the participation of the employment agencies, COFREM and APE SENA, the municipality of Villavicencio, the subcommittee for the labour market inclusion of persons with disabilities in the department, and the Ministry of Labour, as well as 13 employers.
An in-person meeting was held with employers in the Bogota Chamber of Commerce, at which the employability road map and the labour inclusion model were presented, with a focus on closing gaps. The meeting was held in coordination with the Presidential Council on Disability, the Ministry of Labour, the National Training Service, the Secretariat of Economic Development of Bogota, and seven public employment service providers from Bogota. Twenty five employers participated.
Advisory services were provided to 17 enterprises from the city of Bogota on the tax and financial benefits available for hiring persons with disabilities.
In 2023, assistance and training were provided on the National Care System, and discussions were held on basic concepts, the contents of the law and the priorities of the National Council for Economic and Social Policy (CONPES) regarding care and the adoption of the decree creating the Intersectoral Commission for the National Care Service.
Assistance was provided at the event “Business Roundtable and Inclusive Entrepreneurship”, which was held at the headquarters of the Kennedy Chamber of Commerce, where the progress of the district secretariats for social integration and economic development for groups requiring special attention was presented, with emphasis on the inclusion of persons with disabilities. The experience of the “Network for Inclusion”, led by the Bogota Chamber of Commerce, was discussed, and awards were presented to employers and entities that have worked actively on the labour and productive inclusion of persons with disabilities.
In coordination with the National Institute for the Blind, training was provided for the network of providers located in Valledupar, Armenia, Bucaramanga, Cali, Popayán, Soacha and Riohacha, on topics such as general information on visual impairment, disability certificates and tax benefits. Online training was also provided for the entire network of SPE providers on accessibility in digital environments, in which 134 public officials participated.
Furthermore, in coordination with the National Institute for the Deaf, the network of providers was strengthened through a workshop entitled “Learning about deaf culture: Generating inclusive care for the promotion of the rights of deaf persons”, in which providers from Fusagasugá, Girardot, Medellín, Cali, Santa Marta and Pereira participated.
Within the framework of the national public policy on disability, progress is being made with the process of reformulating the policy, with the participation in the development of the road map of social and institutional entities and forums working with persons with disabilities, carers and/or families.
In coordination with the population itself, networks have been created to disseminate information on the development of the process of the reformulation of the Public Policy on Disability and the stakeholders have been diversified, which include:
  • persons with disabilities with the seven types of disability (physical, visual, cognitive, multiple, cognitive, psychosocial, auditive, deaf and blind);
  • carers, family members of persons with disabilities who need a high level of support for their participation;
  • children and young people with disabilities;
  • organizations of and for persons with disabilities (formal or informal);
  • organizations of carers of persons with disabilities (formal or informal);
  • social movements for the defence of the rights of persons with disabilities;
  • cooperatives of persons with disabilities;
  • sports clubs for persons with disabilities;
  • artistic groups of persons with disabilities;
  • organizations, movements, communities and networks of women, carers of persons with disabilities, young people, victims of armed conflict, migrants, ethnic groups, lesbian, gay, bisexual, transgender and intersex social sectors, citizen watchdogs, university networks and rural populations.
As noted by the Committee of Experts, the Government is complying in both law and practice with the Convention.

Discussion by the Committee

Chairperson – I invite the Government representative of Colombia, the Deputy Minister of Employment and Pensions, who on an exceptional basis has been authorized by the Officers of the Committee to intervene remotely.
Government representative – First, I would like to thank you all for allowing me this opportunity to address you remotely, as my health means that it is impossible for me to make the journey and share with the Committee our reflections on the Convention.
In the first place, I would like to say that this intervention, in addition to being made in my capacity as Deputy Minister of Employment and Pensions, as kindly indicated by the Chairperson, is being made in my modest capacity as a citizen with disabilities, from which I can confirm and bear witness to the situation of persons with disabilities in relation to employment, which is the area covered by the Convention.
Since the last report was provided on compliance with the Convention, Colombia has been in the process of adopting a public policy which represents significant progress in the application of the Convention, in accordance with the guidance provided by the Convention and the Convention on the Rights of Persons with Disabilities of 2006, which Colombia has ratified and has been implementing through specific statutory legislation, as well as through measures combining active policies and a national employment policy, as called for by the Convention, for the integration of persons with disabilities into the world of work.
We cannot overlook the fact that it is estimated that there are currently around 1,000 million persons in the world with some type of disability, which corresponds to 15 per cent of the world population. Most of these persons are of working age. In Colombia, we have 3.5 million persons with disabilities. We have made progress on the methodology for the measurement of this population group with a view to being able to adopt public policies. More specifically, since 2021, the major integrated household survey, which is the methodology for measuring the unemployment rate in Colombia, has included disaggregated data to identify the employment possibilities, or not, of persons with disabilities, which indicate that 42.3 per cent of persons with disabilities have fewer employment opportunities than those who do not have disabilities.
Similarly, the Government of Colombia has endorsed the overall commitment to remove physical, attitudinal and communication barriers, which are the factors that impede them from benefiting from the right to work, and in particular from decent jobs in accordance with ILO guidance. Colombia aspires to remove those barriers. Colombia has implemented a series of policies so that no one is left behind, so that policies are designed and developed with the participation of persons with disabilities, and focus on the removal of barriers and on social inclusion.
Who are the persons whom we are targeting? Who are the persons with disabilities for whom the Government of Colombia, and indeed the world, is developing these policies? They are those who, during the period of the Inquisition were seen as persons deserving of criticism, as persons who merited judgement or assessment for their conduct, because they had surely done something for God to impose this punishment, and they were accordingly harshly treated. Humanity then moved towards a supportive approach, with the focus on the medical aspects of disability, in the believe that persons with disabilities are deserving of medical attention, an approach involving scientific adaptation of our situation, but still of isolation from the enjoyment of rights.
It is in this light that the Government of Colombia understands the social approach set out in this Convention and the Convention on the Rights of Persons with Disabilities, and it is adopting it and incorporating it into the design of public policies and rules with a view to modernizing the whole system of regulation and the design of interventions so that persons with disabilities merit support, based on a differentiated approach with the focus on social inclusion, in the present case in the world of work.
For this purpose, Colombia has adopted measures for the entry into work and reassignment of persons with disabilities, always focussing on the transversal principle of stability, within the context of the affirmative measures that are merited in the case of persons with disabilities.
We included all measures of reasonable accommodation in Act No. 1618 of 2013, which is the law that gives statutory expression to the whole policy of the removal of barriers in the country, and we have also moved forward with the inclusion of specific requirements for employers in relation to access to work based on the removal of barriers.
Colombia is currently at a special moment in the process of the adoption of social reforms for the modernization of our regulatory system which, unfortunately, is not sufficiently in compliance and accordance with international labour standards. With specific reference to this Convention, the Negotiation Commission on Wages and Labour Policies, which has met on at least 12 occasions, reached agreement (it was one of the measures agreed to by employers, workers and the Government) on the inclusion of a requirement for employment quotas for persons with disabilities in the private sector.
Colombia already has employment quotas in the public sector, as set out in Decree No. 2011 of 2017. Through tripartite dialogue, with the participation of employers, workers and the Government, we agreed in Colombia on the inclusion in the draft labour reform of a provision for the inclusion of employment quotas for persons with disabilities (one worker with disabilities in enterprises with between 50 and 100 workers, and 2 per cent in enterprises with over 100 workers).
We call on employers, and of course workers, who have supported us, and the Congress of the Republic, to bring safely to port this initiative of the labour reform, which adopts in domestic law all the parameters and requirements of the ILO standards ratified by Colombia.
This is a Convention that has been ratified by Colombia, and Colombia is undergoing a transition towards the adoption of public policies in our labour law, with specific quotas. We therefore call on employers to focus on this Convention by supporting the labour reform, not opposing it, and welcoming into the world of work persons with disabilities who are deserving of rights, deserving of the removal of physical, attitudinal and communication barriers as a key component of the response for the inclusion and transformation of the social approach to disability, governed by the guidance set out in Convention No. 159 and the Convention on the Rights of Persons with Disabilities.
Accordingly, the Colombian National Development Plan, a World Power for Life 2022–26, includes a specific provision, section 79, for the promotion through the Jobs for Life Policy of incentives for the recruitment of persons with disabilities.
Employment policy in Colombia includes initiatives for the recruitment of young persons, women and men over 18 years of age with disabilities. Through this policy, emphasis is placed on persons with disabilities and the provision of greater financial incentives to enterprises for the recruitment of persons with disabilities through a differentiated approach.
An incentive is offered of between 35 and 45 per cent of the minimum wage. If the person with disabilities has been off work or unemployed for four months, or has not been able to find a job, the 35 per cent incentive offered by the programme is increased by 10 per cent, which means an incentive of 45 per cent to promote their recruitment through the Jobs for Life programme, which is already being implemented under Decree No. 533 of 2024, and which will become operational from the end of June for the first two categories of employers who wish to participate, with the provision of incentives as an active policy for the recruitment of persons with disabilities.
Colombia has a specific policy of incentives through the Jobs for Life Programme for the recruitment of persons with disabilities. This involves a sufficiently robust budgetary effort in support of our policy, with 400,000 million pesos already allocated for the programme in support of this initiative, which is an active policy, and I believe it is pioneering at the global level, for the recruitment of persons with disabilities.
The labour reform has not only been developed and designed through tripartism, as invitations were extended through the so-called tripartism plus approach to concerned social organizations for the design of the labour reform, with support from the Employers’ group and the Workers’ group. On this, I want to be very clear: persons with disabilities participated and made proposals, and they were well received by employers and workers and, I insist, the Employers’ group and the Workers’ group.
The proposals made by organizations of persons with disabilities sought fundamentally to: (1) include in the Labour Code the specific requirement for employers to remove physical, attitudinal and communication barriers so that they are no longer an impediment to the enjoyment of rights, and in this case the right to decent work; and (2) a relaxation of the guarantee of strengthened stability when a worker with disabilities is employed and the employer is aware of the situation, which is included in the contract and relaxes the presumption of discrimination in the event of termination, when the burden of proving discrimination in relation to termination lies with the worker, but there is no presumption of discrimination. This is a measure that was put forward by organizations of persons with disabilities, and was welcomed in particular by employers, while being accepted by workers and the Government, with a view to its inclusion in a specific statute. The development process was therefore not only tripartite, but also tripartite plus, for which reason we once again call on employers, workers and the Congress of the Republic to adopt this approach to the modernization of our rules, the modernization of the right to work as a key to improving rights, and as a key to harmonization with international standards. We, in the national Government, understand that these are international standards, standards that correct social dysfunctions, with the aspiration of remedying dysfunctions that are increasingly global and increasingly common in our society. Just as humanity transcends frontiers, so does the commitment to the inclusion of persons with disabilities in the world of work, in the context of the enjoyment of rights (in this case the right to decent work), as promised by the 1998 Declaration on Fundamental Principles and Rights at Work and the Political Constitution of Colombia, in article 25.
The positions taken up within the Congress of the Republic not to support the reform with the inclusion of the measures that I have just described are clearly a cause for concern, and are clearly related to the effect given to the Convention. However, the national Government is also promoting a reform of the system of protection for invalidity, old age and survivors for the citizens of the country.
In this pension reform, a reform of the invalidity, old-age and survivors’ protection system, there are also differentiated measures. The solidarity pillar, through which cash transfers are made to adults in a situation of vulnerability, will also have a differentiated approach under which persons with disabilities will become eligible from the age of 55 (men) and 50 (women). The general population is eligible for the cash transfer benefits of the solidarity pillar from the age of 65 (men) and 60 (women). In recognition of the lower life expectancy of persons with disabilities, there is a differentiation measure in the Bill that is currently being examined by the Chamber of Representatives, the lower house in Colombia.
Similarly, the revision includes a modification of invalidity pensions and includes a second activity policy, that is for persons who are recognized as suffering from invalidity for the purposes of entitlement to a pension. Their situation cannot be reviewed if they engage in an activity different from the one in which they have been recognized as suffering from invalidity for the purposes of eligibility to a benefit, in order to ensure that such persons, if they engage in another activity, with another skill, are not penalized through the loss of the benefit. This is a situation that needs to be brought up to date in accordance with the draft legislation that we are bringing forward. And finally, there needs to be an improvement in the recognition rate for invalidity pensions.
All of these plans have been thought out and are focused on the recognition of our own differences. We all aspire to being treated equally, and to effect being given to the principle of equality set out in the Convention, which the Committee very rightly proclaims. But, as also recognized by the Convention, we all aspire to our own differences being recognized, as they are recognized in the Convention, in relation to the obligations that are incumbent upon us under the policies that we have developed.
I have given a very brief summary of the policy for the labour and pension reform, the Jobs for Life Programme, the National Development Plan, all the plans that we have for vocational training as a route to improving the employability of persons with disabilities, with emphasis on the work of the National Training Service (SENA).
I would like to conclude by urging everyone to support this process that is being led by the Government of Colombia, and which I consider can be seen as an example at the global level of commitment to the inclusion of persons with disabilities. We have persons in the national Government who have disabilities who are taking the lead on very serious public policies. And we have a very specific commitment to labour reform and pension reform, a commitment to life, to the differentiated approach and the support that is merited by persons with disabilities, more as citizens than in any other role that they can play in society.
Employer members – Colombia ratified Convention No. 159 in 1989 and, since then, the Committee of Experts has made three observations, in 2011, 2015 and 2023. It is the first occasion on which the Committee has discussed this case.
In the first place, we thank the Government of Colombia for the information provided to the Committee on the application of the Convention in law and practice. We find this information very promising, as is the commitment expressed by the Government representative. However, it is necessary to take into consideration the following shortcomings identified by the Committee of Experts.
With reference to Articles 2 and 3 of the Convention on the national policy and the vocational rehabilitation of persons with disabilities, respectively, the Committee emphasizes the fact that, despite the existence of a national policy, only 2.5 per cent of persons with disabilities are in formal employment or have an income equivalent to the minimum wage.
Taking into account the policies and measures reported by the Government, it is necessary to consider two issues.
First, the factors that are limiting the scope and effectiveness of the action taken, in contrast with the figures provided by the Administrative Department for Statistics, and in particular the procedures for the design and adoption of the policies described. In view of the persistence of shortcomings in the inclusion of persons with disabilities, the Employers echo the request made by the Committee of Experts for the Government to provide more detailed information on the manner in which it is ensured in both law and practice that adequate vocational rehabilitation measures are made available to all persons with disabilities and to supply updated information on the nature, scope and impact of these measures on the creation of opportunities on the formal labour market.
We also request the Government to continue its political and legislative efforts for the development of policies for the labour market integration of persons with disabilities by promoting their inclusion in the context of a regulatory framework that is conducive to the development of sustainable enterprises.
A substantive element of the Convention is the requirement to consult representative organizations of workers and employers. It is not clear from the written information provided by the Government that tripartite consultations were held in the various bodies involved in the design and implementation of the measures that have been reported, particularly at the level of the National Development Plan, as well as in relation to the detailed process of the formulation of the new disability and inclusion policy. Moreover, according to the report of the Committee of Experts, workers’ organizations in Colombia have indicated that consultation procedures have not been created for the discussion of policies affecting workers with disabilities.
The Government has reported in its written information, and has just reiterated this orally to the Committee, the existence of draft labour reform legislation which would include a social and labour inclusion approach for persons with disabilities, but nor is reference made in the written information to whether the views of the social partners were included in its development in any way. In this regard, we respectfully invite the Government to specify whether the 12 meetings referred to within the framework of the Negotiation Commission on Wages and Labour Policies were held to discuss the draft labour reform that is currently before the Congress of the Republic.
It hardly seems necessary to remind this Committee that the sustainability and effectiveness of labour market policies are closely related to effective consultation with the most representative organizations of employers and workers. This is especially true for the development of vocational rehabilitation and training measures, for which the social partners are the ones who can offer a comprehensive vision of the strategic skills needed in the labour market, the challenges and opportunities that arise and the measures that can best improve the employability of persons with disabilities. We therefore call on the Government to make every effort to ensure institutionalized and effective consultation with the social partners in the design, implementation, revision and follow-up stages of such policies, and more specifically to provide detailed information on the process of the formulation of the new policy on disability and inclusion.
We then need to consider the recommendations of the Committee of Experts in relation to Articles 7, 8 and 9 of the Convention on vocational training for persons with disabilities, services in rural areas and the training of qualified staff.
The Employer members note the information provided by the Government on the programmes and action taken to promote equality of opportunity and the elimination of segregated action for persons with disabilities in the field of education.
However, we also need to take into consideration the Government’s statistics, according to which only 10 per cent of persons with disabilities are able to enter the formal education system, or of the United Nations Educational, Scientific and Cultural Organization (UNESCO), which indicate that only 56 per cent of young persons with disabilities in Colombia between the ages of 15 and 24 are able to read and write. In the words of the Committee of Experts, this compromises the future of young persons with disabilities, especially in light of the technological transformations in the world of work.
In light of this data, we call on the Government to renew its efforts to collaborate with the social partners to ensure the participation of young persons with disabilities in the education system and in vocational training programmes, and to ensure inclusive access at the various levels, as well as the design of relevant curricula in consultation with the social partners which include technological skills and transferable skills, which are of strategic importance for the employability of young persons.
We also request the Government to provide detailed information on the policies implemented to promote access to the various levels of vocational training, the consultations held with the social partners, their outcome, the number of persons reached disaggregated by age and their impact in terms of access to formal employment, including information on rural areas and remote communities in the country, as well as the enterprises covered by the incentive policies implemented.
The Employer members reiterate our thanks for the information provided to the Committee and we hope that the strong commitment expressed by the Government will be translated into action based on dialogue to improve the inclusion and vocational training of persons with disabilities.
We reiterate our request for the Government to intensify its efforts for the development and implementation of policies for the inclusion and vocational training of persons with disabilities, with an improvement in the allocation of resources and guaranteeing that the views of the most representative organizations of employers are taken into account through institutionalized consultations at all the stages of the development, review and implementation of these policies. We also request the Government to provide detailed information on the implementation and results of the policies developed to remedy the shortcomings of compliance in law and practice.
Worker members – We thank the Deputy Minister of Labour of the Government of Colombia for the outstanding quality of the information provided to the ILO on the effect given to the Convention. It is only the third time in history that this Convention has been examined by our Committee. The two previous cases, in 2006 and 2013, were considered to be cases of progress.
The Government has demonstrated, based on specific figures and data, the importance that it places on training and employment generation for persons with disabilities.
We note with satisfaction the adoption in May 2023 of the National Development Plan 2022–2026 which, among other measures, provides guarantees of inclusive education and work for persons with disabilities. As reported to the Committee of Experts, they include a broadened range of institutional training programmes for inclusive and accessible work, initiatives to facilitate access to work for persons with disabilities in the public sector and the strengthening strategies for SPE providers to promote the employment of persons with disabilities.
The Government has also reported that funding has been provided for enterprise initiatives for by persons with disabilities. It should be noted that outreach activities have been conducted targeting employers and representatives of various national bodies, and enterprises have been advised on labour inclusion mechanisms and employment services for persons with disabilities.
The Committee of Experts has also received information from the Government on the development of a new disability and inclusion policy that envisages the adoption of measures to provide opportunities for the development of persons with disabilities in education and production.
The Government of Colombia has also reported that it has submitted to the Congress of the Republic a labour reform to ensure decent and dignified work. The reform includes an approach for the social and labour inclusion of persons with disabilities, provisions on their right to work and regulations on their legal capacity, reasonable accommodations, non-discrimination, a private-sector recruitment quota and job stability. We encourage the Government to adopt the reforms without delay.
We welcome the Government’s initiatives and the action intended to give effect to the Convention, and we request it to continue providing updated information on the progress made in that regard.
Employer member, Colombia – We would first like to present some of the main labour market figures for persons with disabilities in the labour market in Colombia. Some 76 per cent of working-age persons with disabilities are outside the workforce, while informality among this group currently stands at 75.8 per cent.
Similarly, when we examine the education levels of persons with disabilities, we find that 41.6 per cent have completed basic primary education and just 5.1 per cent hold a university degree. These figures show a complex situation, in which persons with disabilities have been excluded from settings that are vital for their development, particularly in the world of work.
Moreover, a broader overview of the problem is provided by the World Bank calculation that unemployment among persons with disabilities in Colombia represents a loss of between 5.35 and 6.97 per cent of the country’s gross domestic product (GDP).
This exclusion from economic and social life is often linked to misconceptions of persons with disabilities, including persistent stereotypes that perpetuate the cycle of poverty.
All of this highlights the urgent need to work in a tripartite context on public policy for vocational training to improve the employability of this population group.
Secondly, I would like to refer to the two types of action to which Colombian employers are committed with the aim of creating and promoting inclusive jobs: (i) the Inclusion Label Programme that verifies and endorses employers’ corporate responsibility as inclusive organizations; and (ii) the creation of specific productive strategies that seek to promote the formal recruitment of persons with disabilities.
A specific example of this action is the Productivity Pact, an initiative involving around 1,700 companies across Colombia, some 30 per cent of which have so far recruited workers with disabilities. The business sector is also working in partnership with a public institution, the National Training Service (SENA), to provide vocational training for 1,116 persons with disabilities through some 106 technical and technological programmes.
Thirdly, the guide entitled “Beyond Disability: an opportunity for labour market inclusion”, provides a road map to help companies identify the necessary steps for the development of successful inclusion processes.
These are just some specific examples of the action taken by the business sector to ensure the training and inclusion of persons with disabilities, demonstrating that employers are vital actors in the implementation of inclusive policies targeting this population group.
Thirdly, and also to conclude, after recalling the statistics on persons with disabilities and the examples of the action taken by employers, we reiterate the need for the Government of Colombia to work together with the most representative social partners to identify and overcome the most significant shortcomings.
We believe that this is the only way that, in both theory and practice, public policy will succeed in overcoming barriers, support successful labour inclusion processes and develop new incentives to increase the employability rate of this vulnerable group.
We must point out that, regrettably, in recent years neither we nor the other representative social partners have been consulted, thereby ignoring the need to take our views into account when developing a public policy on labour market inclusion.
In this regard, it has not gone unnoticed that the Government has referred, in its intervention and in the additional information sent to the Committee, to the chapter of the labour reform bill currently being examined in Congress that deals with the inclusion of workers with disabilities. The Government’s indication is particularly striking that this bill, which is currently before Congress, was the result of tripartite dialogue.
It must be clarified before the Committee that the dialogue to which the Deputy Minister referred during his intervention addressed a labour reform bill that was submitted in March 2023, which was not approved by the Congress and was therefore set aside. The examination of that bill ended in June 2023. The meetings of the Negotiating Committee on Labour and Wage Policies, to which the Deputy Minister referred, related to a previous and separate bill.
As employer representatives, we wish to emphasize that the most representative social partners were not consulted on the labour reform bill currently before Congress, as it was not submitted to the Negotiating Committee on Labour and Wage Policies, which is the natural setting for the tripartite dialogue envisaged in the Colombian Constitution. It therefore cannot be said that the bill currently under discussion includes the views of employers.
We want to emphasize that progress in the labour market inclusion of persons with disabilities is an objective that should unite employers, workers and, of course, the Government.
The call by the Committee for Colombia to give effect to instruments that extend protection for persons with disabilities and support their inclusion in the areas of education and work should come as no surprise to trade unions, particularly as the Committee of Experts based its conclusions on the comments and concerns expressed by their own trade union confederations, that is the observations made by the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT).
Political ideology should not carry more weight than the defence of the rights of vulnerable groups, a cause that should bring us together as social partners in constructive dialogue.
There is no doubt that the employment of persons with disabilities strengthens their autonomy, and enables them to gain access to education, work and leisure pursuits, while allowing them to participate in economic growth and feel that they are playing an active and useful role in the society to which they belong.
On behalf of the employers of Colombia, we therefore once again call for tripartite dialogue to identify the way forward for the achievement of worthwhile objectives in this important area.
The provision of taxes for the health and pension systems, boosting the economy, improving poverty indicators and consumption all contribute to national economic growth.
Worker member, Colombia – On behalf of the workers of Colombia, I wish to inform this honourable Committee of our perplexity at the inexplicable inclusion of Colombia in the list of countries called upon to appear at this year’s Conference at the request of the Employers. In the past, there were different circumstances surrounding violations of the fundamental labour Conventions, and the situation was very different. It is surprising that they have now managed to include our country for alleged non-compliance with the Convention.
It should be noted that the conclusions of the Committee of Experts relate to 2021, when the President of the Republic was Mr Iván Duque, a Government against which the trade union confederations, together with other social sectors and pensioners, led the “social uprising”.
On this specific subject, we have to inform this Committee that the Government of change has been adopting inclusive measures for persons with disabilities, with the result that we have jointly submitted a draft labour reform to the Congress of the Republic. Although this draft was discussed in the committee in a tripartite context, the employers did not submit any proposals of the kind that they are now making in response to the proposals put forward by the Government and the workers.
In the reform proposal we seek to strengthen the employment stability of persons with disabilities, including by prohibiting discrimination on the grounds of disability, together with initiatives to prevent dismissal by the employer and to eliminate harassment and violence in the workplace, while offering flexible working hours for workers with family care responsibilities and for carers of persons with disabilities.
In 2021, we commented on the non-compliance of previous Government’s. However, we recognize that the current Government has shown political will to improve the situation of persons with disabilities, as set out in the National Development Plan, including guarantees for a world without barriers, and inclusive measures and other legislative initiatives, such as the labour reform that seeks to improve the working conditions of persons with disabilities and their vocational rehabilitation and employment. Recent figures from the National Department of Statistics show greater employment stability and a decrease in unemployment for persons with disabilities. Nevertheless, we reiterate that the figures cited by the Committee of Experts are not recent.
It is striking that, while the current Government is demonstrating its political will to comply with the provisions of the Convention, it is precisely the employers in our country who are opposing the implementation of these types of measures and related policies, as shown by their opposition to the approval of the current draft labour reform, which collapsed during the Government’s first legislature, undermining the possibility of proposing improvements to the legislation.
However, this has not been their main interest, nor have they demonstrated their commitment in this regard, since in practice it is clear that most of them do not employ persons with disabilities and do not adopt support measures. Persons with disabilities there have to work in the informal economy and in self-employment, thereby endangering their right to a life under decent and fair conditions.
Not many years ago in Colombia, many workers were victims of violence, and we are now engaged in a collective compensation process, in respect of which we receive expressions of solidarity from employers, for which we are grateful. However, we are not aware of good practices for the inclusion of those who became disabled during the conflict. In this context, we must affirm that, on the contrary, most employers do not seem to be willing to include and respect employment for persons with disabilities, and therefore are failing to set an example on what they are calling for. We therefore invite them to comply with the provisions of this Convention, for example in relation to the employment stability of persons with disabilities, who in many cases are dismissed, in disregard for the specific protection afforded to them by the law and case law on employment protection.
The participation of Dr Iván Daniel Jaramillo in the Government as Deputy Minister of Labour and Pensions is a clear example of the progress that has been made in compliance with the Convention in this regard. Moreover, incentives have been made available for employers to recruit persons with disabilities in their enterprises, such as the provision of a subsidy of 35 per cent of the value of the minimum wage, and an additional 30 per cent for persons between 18 and 28 years of age. In addition, a presidential directive was issued in August 2023 that seeks to promote a decent life with equal opportunities and without any form of discrimination for persons with disabilities.
We must also recognize that, through the Ministry of Labour, training has been provided through the National Institute for the Blind and the National Institute for the Deaf, together with municipalities and local administrations, to facilitate the inclusion of people and their interaction in society. The Ministry of Labour has also been undertaking activities through the National Disability System and other public authorities, including the public employment service, the National Training Service (SENA) and the Administrative Department of the Public Service, to facilitate the employment in the public service of persons with disabilities. However, with rare exceptions, we are not aware of private employers promoting such social inclusion.
In conclusion, the current Government has been taking measures for the protection of the rights of workers with disabilities, which has seldom happened in the past, and we hope that it will continue to do so for the good of this vulnerable population group. We also hope that employers will set an example and approve policies for the employment of persons with disabilities and allow them the right to associate and negotiate the conditions of their jobs as a basis for the development of the right to a decent life for everyone.
In light of the above, as has happened before when the application of this Convention has been examined, it should be considered as a case of progress.
Government member, Mexico, speaking on behalf of the group of Latin American and Caribbean countries (GRULAC) – We welcome the information provided by the Government of Colombia in relation to the comments made by the Committee of Experts on the Convention. We appreciate the information provided by the Government on the policies adopted to ensure a world without barriers for persons with disabilities, which include a system of incentives for jobs for life, the provision of between 35 and 45 per cent of the minimum wage for recruiting members of this group, in accordance with the national legislation adopted by the Government of Colombia.
We urge the ILO to continue providing technical assistance to the Government so that it can continue making progress in promoting the access to employment of persons with disabilities and continue the process of the adoption of the labour reforms that are currently before the Congress, setting out the requirement for the recruitment of persons with disabilities, based on the size of the enterprise.
Finally, we invite the Government of Colombia to continue to move forward with its strategy of removing barriers to inclusion in the world of work for persons with disabilities using the differentiated approach that it has adopted so far.
Employer member, Mexico – Firstly, we would like to thank the Government of Colombia for the information provided on this case. However, it is extremely important to focus on one crucial aspect, which is tripartite consultation and the pursuit of social dialogue.
We cannot overlook the following aspects of the Convention, which are of fundamental importance: (1) Article 1(2) provides that “each Member shall consider the purpose of vocational rehabilitation as being to enable” a person with disabilities “to secure, retain and advance in suitable employment and thereby to further such person’s integration or reintegration into society”; (2) Article 2 explicitly provides that each Member shall “formulate, implement and periodically review a national policy on vocational rehabilitation and employment” of persons with disabilities; and (3) Article 5 of the Convention provides that the “representative organisations of employers and workers shall be consulted on the implementation of the said policy, including the measures to be taken to promote co-operation and co-ordination between the public and private bodies engaged in vocational rehabilitation activities”.
These provisions lead us to make a number of observations, as access cannot be provided to suitable employment without listening to the most representative organizations of both employers and workers, as they are the ones who, in everyday life, are aware of the existing needs of employment sources.
Similarly, one of the most important measures to be taken to promote the inclusion of persons with disabilities is the adjustment of the respective national regulatory framework. This adjustment process should generate adequate social dialogue with a view to establishing a regulatory framework consistent with the needs of persons with disabilities.
It should also be recalled that the Government of Colombia, on 9 November 1999, ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which provides in Article 1 that “the term representative organisations means the most representative organisations of employers and workers enjoying the right of freedom of association” and in Article 2 that “Each Member of the International Labour Organisation which ratifies this Convention undertakes to operate procedures which ensure effective consultations [...] between representatives of the government, of employers and of workers”. And although that Convention covers matters related to the activities of the International Labour Organization, it is a clear example of the importance of social dialogue through the most representative organizations.
Social dialogue is a means of harmonizing conflicting interests, and as both employers and workers are the main providers of goods and services, and creators of wealth, they are undoubtedly two important stakeholders in any market economy, according to a December 2023 analysis carried out by the International Organisation of Employers.
In light of the above, the Employers respectfully request this Committee to continue following this case to ensure that the Government of Colombia, at the earliest opportunity, has recourse to tripartite consultation to strengthen social dialogue and avoid continuing to be in violation of Conventions Nos 144 and 159.
Finally, merely drawing attention to the fact that persons with disabilities have historically been a vulnerable group that has suffered discrimination, and their undoubted need for an adequate legislative framework, should be sufficient in itself to encourage the holding of consultations so as to ensure the inclusion of all the necessary aspects and that nothing is left out.
Worker member, Costa Rica – The Convention seeks to promote inclusive policies and equitable employment opportunities, with the aim of integrating persons with disabilities into the open labour market, encouraging vocational rehabilitation measures that respond to their specific needs and eliminating barriers to their full participation in economic and social life.
According to the report, the Government has adopted measures, such as Decree No. 2011 of 2017 and Decree No. 392 of 2018, establishing employment quotas in the public sector and incentives for enterprises.
The National Development Plan 2022–2026 also includes measures for inclusive education and work, and a new inclusive disability policy is being formulated. The report also refers to the Productivity Pact, which has been implemented in collaboration with various entities and has benefited many enterprises. However, only 15.5 per cent of persons with disabilities have work and only 2.5 per cent are in formal employment. The public employment service has also implemented programmes for the labour market inclusion of persons with disabilities. Between 2018 and 2020, 12,255 persons with disabilities were registered and 4,852 were placed in employment.
With regard to the institutional framework, the report refers to the Disability Inclusion Council, which coordinates labour inclusion initiatives, and the National Training Service (SENA), which adapts its programmes to the needs of persons with disabilities.
The trade union confederations note that the measures taken have not had the desired impact due to educational barriers and misperceptions among employers. Continued efforts are required to improve opportunities in both the public and private sectors.
In its comments, the Committee of Experts considers that more information is required to adequately monitor the problem. For example, it requests the Government to continue its efforts in both the political and legal fields, including in relation to monitoring and the allocation of the necessary funding for the implementation of the measures taken to secure, retain and promote opportunities for persons with disabilities to find employment in the open labour market in the public and private sectors, including the measures targeting small and medium-sized enterprises. It requests the Government to provide more detailed information on how it ensures, in both law and in practice, that appropriate vocational rehabilitation measures are made available to all persons with disabilities and requests the provision of detailed information on the manner in which representative organizations of employers and workers and of persons with disabilities are consulted on the implementation and periodic review of the national policy for vocational rehabilitation.
In conclusion, the Committee would like the Government to intensify its efforts in collaboration with the social partners with a view to addressing the extremely low levels of participation by young persons with disabilities in the education system, and to continue providing updated information on the nature, scope and impact of the measures taken to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services.
These requests for further information also include the measures taken to train rehabilitation officers and other qualified staff involved in vocational guidance, vocational training, placement and employment of persons with disabilities in the open labour market. The extensive information requested is, in our view, nothing more than recognition of the efforts being made in the country in relation to the issue addressed by this Committee.
Employer member, Honduras – We have had the opportunity to analyse this case relating to compliance by Colombia with Convention No. 159, which has been a matter of concern for the Committee of Experts based on a complaint by workers indicating that, according to statistics that we have been able to review, there is room for improvement in the opportunities that the State of Colombia is required to ensure for persons with disabilities.
It should be emphasized that it is the duty of States to develop public policies to promote equality of opportunity for everyone, but in the design of these policies, it is necessary to be able to consult the social partners.
We see that, in the case at hand, the main problem that has prevented the Government of Colombia from complying with the provisions of the Convention is the failure to hold effective consultations with the social partners for the design and implementation of public policy measures to ensure the rehabilitation and integration of persons with disabilities. We therefore request the Government of Colombia to allow the social partners to be part of the solutions to the problems that it is currently facing in giving effect to this Convention, as there can only be effective compliance with ILO Conventions where there is social dialogue and respect for the social partners.
Finally, we call for the conclusions to urge the Government to make every effort to ensure effective institutionalized consultation with the social partners in the design, implementation, review and monitoring of the public policies adopted to ensure compliance with the Convention and, more specifically, to provide detailed information on the process of the formulation of the new disability policy and the inclusion of the social partners, thereby guaranteeing an inclusive future in Colombia.
Worker member, Spain – This is a joint statement that I am making on behalf of the General Union of Workers (UGT) and the Trade Union Confederation of Workers’ Commissions of Spain (CCOO). First, I wish to recall that this Committee is examining compliance with Convention No. 159, not Convention No. 144.
Workers with disabilities throughout the world suffer from greater discrimination at work, both in access to employment and in the performance of their work, as well as in any vocational rehabilitation that is required, including in cases where their disabilities are due to industrial accidents. We therefore welcome the concern of the Employer and Worker members with regard to compliance with Convention No. 159.
The report of the Committee of Experts makes repeated reference to the need for the Government of Colombia to provide information on the results of the policies implemented in relation to the Convention.
The report recognizes that since the Committee “last examined the application of the Convention by Colombia, the Government has taken various measures to promote the employment of persons with disabilities, including in the period immediately preceding the examination”.
We welcome the updated information provided by the Government of Colombia, which we have taken into account and examined. Analysis of this information leads us to the conclusion that the current Government has adopted many measures, including a chapter of the National Development Plan (PND) 2022–2026 on guarantees to bring about a world without barriers for persons with disabilities. The chapter not only recognizes the historical discrimination against persons with disabilities, but also proposes action in seven specific areas to promote their rights.
Decree No. 533 of this year, adopted only a month and a half ago, introduces a system of incentives for employers which recruit workers with disabilities. The workers of Colombia view this Decree very positively, and it will surely also be warmly welcomed by employers, as the programme initiated by the Ministry of Labour seeks to promote formal employment through incentives for employers.
The Presidential Directive of 2023 was issued with the aim of making progress towards a decent life with equality of opportunity, without exclusion or discrimination, for persons with disabilities.
In its report, the Committee of Experts also highlights the tax incentives introduced by the Government for employers that recruit persons with disabilities.
But clearly, and in light of the provisions of Article 5 of the Convention on the consultation of the representative organizations of employers and workers on the implementation of the national policy on vocational rehabilitation and employment of persons with disabilities, the most relevant initiative that should be noted is the labour reform promoted by the Government of Colombia.
Based on the assessment carried out by the workers, we know that the labour reform proposed by the Government includes specific obligations for employers, such as making the necessary accommodations required by persons with disabilities to be able to work and remain in employment, and a recruitment quota for enterprises which, depending on their size, have to recruit or retain either one person with disabilities or at least 2 per cent of the labour force.
Furthermore, under the proposed reforms, employers will be required to assume responsibility for removing barriers and ensuring accessibility, and for guaranteeing the employment stability of persons with disabilities.
The adoption of the labour reform in Colombia could therefore represent a significant step towards full compliance with Convention No. 159 and the decent work objectives on which the proposals, are based, as indicated by the workers’ organizations, and as we hope will be endorsed by employers.
Close analysis of this case reveals promising signs. The Government of Colombia has provided information on the progress made in recent years and is also promoting a comprehensive labour reform that is supported by workers’ organizations and includes specific measures that respond to the concerns of employers. As well pointed out by the Employer member of Colombia, political ideology should carry no weight when promoting a fundamental labour reform to improve labour regulation in general, and the application of this Convention in particular in Colombia.
Employer member, Costa Rica – This Organization has emphasized that, for all countries, irrespective of their level of development, the basis for the sustainable and growing promotion of prosperity, inclusion and social cohesion is the availability of sufficient jobs.
Work allows people to overcome poverty, and the route to growth and economic diversification is productive and decent employment. For this reason, the labour market inclusion of persons with disabilities has to be a priority and constant objective of our societies with a view to the eradication of any form of discrimination that is contrary to human dignity.
The report of the Committee of Experts requests the Government of the Republic of Colombia to develop policies and action with a view to promoting efforts for the creation of more job opportunities for persons with disabilities on the open labour market, in both the public and private sectors, including in small and medium-sized enterprises, with special emphasis on the employment of young persons. It also calls for the development of vocational rehabilitation services in urban areas and the most remote areas and communities in the country.
What we are calling for is that the development of any policy related to employment, and particularly the employment of persons with disabilities, is carried out within the framework of tripartite social dialogue. Social dialogue strengthens us as societies, and in enterprises and employers’ organizations we have understood that, in order to go further, we have to travel together.
We have seen this in the case of Costa Rica, as a result of which, in recent times, we have managed to make progress in areas of transcendent importance, through tripartite dialogue, for example in the beginnings of the development of a national employment policy and the establishment of the fundamental pillars for the formulation of a national decent work plan, both of which will seek to promote fundamental principles and rights at work.
The employers of Costa Rica call on the Government, in collaboration with the social partners, who are strategic allies for the construction of a country which complies effectively with national and international standards to offer more quality employment opportunities and remove the barriers that are preventing the integration of vulnerable groups. And we advocate all of this in our awareness of our responsibilities as enterprises in our society.
Worker member, Finland – I am speaking on behalf of the trade unions of the Nordic countries. A Convention by itself, without respect for the rights and obligations arising therefrom, is rarely a guarantee of anything. All international obligations also need to be complied with.
With the case under examination, that is Colombia, one cannot underline enough the significance of the expressions used by the Committee of Experts in its report. Also, no Convention is unimportant. These are legally binding instruments whether we consider them fundamental, governance or technical by nature. They form the basis of what the ILO Member States have taken upon themselves to respect. The principle goes far beyond this particular case of Colombia. We are speaking of the very fundamentals of the supervision of international obligations. In this sense, the follow up of a case by the Committee of Experts is naturally an integral part of this supervisory process and, in this case, the comments of the Committee of Experts in the report place strong emphasis on this function. Here, the Committee of Experts explicitly recognizes that the Government has taken various measures to promote the employment of persons with disabilities, which is exactly what should be done with respect to the Convention.
The measures taken by the Government of Colombia, such as the adoption of the National Development Plan and the adoption of Decree No. 21/77 of 22 December 2017 establishing the Disability Inclusion Council (CID) are more than welcome steps towards full conformity with Convention No. 159. Yet, the improvements driven by the current Government do not stop there. There are proposals on the way, such as the labour reform that demonstrates even further commitment to ILO Conventions and to the improvement of the regulatory framework of working conditions in the country. All these developments will present significant opportunities for all the social partners in Colombia in the near future.
Most importantly, however, all these measures are a concrete indication of the fact that Colombia has, as noted by the Committee of Experts, aimed for improvements of workers’ rights by recognizing both obligations and rights arising from fundamental and other Conventions alike. While the work is far from done, indeed Colombia is currently acting as an encouraging example of both the willingness and ambition that are necessary for a better society and, ultimately, the full realization of workers’ rights.
Observer, IndustriALL Global Union (IndustriALL) – My organization represents trade unions in the mining, energy and manufacturing sectors in Colombia. IndustriALL finds it difficult to understand why Colombia has been included in the list of cases for the examination of the application of Convention No. 159.
Our organization has not received any response from our affiliated unions. Naturally, we recognize and respect the case presented by the Employers.
However, this situation raises the question of whether this is the main problem in industrial relations and working life in Colombia. In this regard, I would like to highlight the realities on the ground in the sectors that we cover, so that they can be taken into account by the Committee.
Coal exports from Colombia account for 14 per cent of its total exports, and the country is now an important battleground for the principles of the just transition, as discussed at the Conference last year. The Government of Colombia has taken positive steps by committing to a National Just Transition Strategy, which forms part of the country’s green growth policy. This Strategy places emphasis on genuine social dialogue involving all the social partners.
In this regard, I would like to highlight certain examples in these sectors. There is a mining enterprise that initially suspended operations in the Calenturitas and La Jagua mines due to low coal prices. The enterprise then definitively closed these mines, resulting in the loss of thousands of jobs. Unfortunately, this closure also left a worrying legacy of violence and pollution, as three villages had to be relocated due to the environmental destruction.
It is shocking that there was no compensation plan for the environmental damage caused, let alone a just transition plan to help the workers and communities affected by the move away from coal.
Following the dismissal of the workers, the enterprise rehired them under subcontracts without engaging in any social dialogue with the workers.
Similarly, at another mine, the enterprise’s contract with the Government ends in 2034, which could lead to the closure of the mine. Regrettably, the workers and their unions do not know what the future holds in store for them. It is crucial for workers to know when there is a plan for closure and how it will affect them, taking into account labour, community and environmental aspects. This also requires the genuine commitment of all the social partners to dialogue and action.
It is crucial for the social partners to give priority to industrial relations and to engage in meaningful social dialogue on urgent matters directly related to the situation on the ground.
As trade unions, we are committed to this cause. We appreciate and support the progressive social and labour policies of the current Government and we hope that employers will follow in this positive direction, taking into account the real situation in the country.
Chairperson – I see no more requests for the floor. I now invite the Government representative of Colombia, the Deputy Minister, to take the floor.
Government representative – Many thanks for giving us the floor once again, and for all your interventions, which we value and have listened to carefully.
We wish to reiterate our commitment to continuing along the road to compliance with the Convention in respect of the rights of persons with disabilities in accordance with the international and global approach.
Colombia, in addition to legislative measures to promote the employability of this population group, which faces additional barriers in access to the world of work, is committed to the design of institutional support. Act No 2297 of 2023 was proposed by this Government, under the leadership of the Ministry of Equality and the Vice-President, with the support of the Ministry of Labour and all the related institutions. The Act contains specific provisions to promote recognition of the rights of carers and support personnel for persons with disabilities.
Colombia is showing leadership, in addition to the whole approach to recruitment and adaptation through the removal of barriers for the inclusion of persons with disabilities, in the recognition of carers, whose role is essential for the inclusion and removal of barriers for persons with disabilities.
We are supporting the rights of carers and the right to be cared for. To a large extent, I am addressing you here today because there is a carer behind me who can help me into my wheelchair and attach my cannula, which allows me to move, who has brought me here and has made this conversation possible. This recognition is being pioneered in Colombia and we are setting out a route for any system of regulation that promotes all the support policies that are required by persons with the various types of disabilities. Disability is evidently not always the same, as there are very many causes, very many reasons and very many visible and invisible measures, which are increasingly invisible, and that the Government of Colombia is committed to pioneering and implementing.
I would also like to appreciate very positively all the interventions. But I repeat that the policies that we have designed have been developed in accordance with tripartism, with employers, workers and the Government. Employers participate in the Board of the National Training Service, where they establish vocational training policies. We agree that training paths for persons with disabilities are key determinants in their access to employment.
The lack of knowledge of dialogue institutions is strange, as there are at least 12 of them. Between October 2022 and March 2023, when the labour reform was presented to employers, who are bringing this case before the Committee, when the same discussions are being held in the democratic institutions of the country, where the provisions of the new labour legislation are being discussed with the representatives of the people, on a text that incorporates all the international guidance of the ILO and of the various international bodies into our labour legislation. And we wish to offer genuine thanks for the participation and support of countries, including Spain, Chile, Mexico, the United States of America and Canada, which accompanied and can bear witness to the efforts at tripartite dialogue during the development of the reform. Tripartite plus dialogue was also held so that those affected by differentiated measures, the measures that are guiding the removal of barriers for persons with disabilities, could participate in the development of the policies. The Government of Colombia wishes to give special recognition to the importance of social dialogue and tripartism in the development and determination of the pathways to the improvement of employability through legal intervention and public policies initiated by the national Government.
The whole development plan was built up with the participation of organizations of persons with disabilities. Colombia does not cold shoulder the participation of the various employers’ and workers’ organizations in the various bodies for the development of public policies and regulation. Indeed, Decree No. 533 of 2024, which has been welcomed, as we are delighted to see, is designed to provide support to employers of between 35 and 45 per cent of the minimum wage to encourage the recruitment of persons with disabilities and to remove the physical, attitudinal and communication barriers which sometimes prevent their recruitment. And yes, we have included conditions. The worker has to be recruited for at least six months for the incentive to be payable, because in our understanding decent work is intimately related to stability, a transversal principle of the labour reform and of the recuperation of rights through the design and direction of the labour reform, which is undergoing parliamentary scrutiny in the lower house (the Chamber of Representatives of Colombia). The reform aspires to update, amalgamate and offer up for discussion the whole system of international regulations in contrast with the outdated Colombian Labour Code adopted in the 1950s, when such issues were certainly not prominent and disability was surely not seen from a viewpoint of support.
This transition to the social inclusion approach, the bio-psychosocial approach, is precisely the objective of a Government of change, and it is precisely through social dialogue and the participation of all parties that it will be possible to develop the best possible standards for our society.
This is a contract as a society rather than a mere labour reform, and we aspire as a national Government to the recognition by employers that their participation in the Negotiation Commission was appropriate in over 12 meetings and that the debate is now being held in the forum that is the depositary of the people’s sovereignty in Colombia, namely the Parliament and the Congress of the Republic. We are also aware that hearings have been held there of representatives of academia, employers’ and workers’ organizations, but the decision lies with the Parliament, as the independence of the authorities is respected in Colombia.
Colombia is maintaining its intention to continue building and laying the basis for pathways for the transition of persons with disabilities to the world of work, but to a world of work with rights and to decent work.
I agree that we have high levels of informality, but precisely for this reason the objective has been established of inclusion through recruitment quotas for persons with disabilities in the public sector under Decree No. 2011 of 2017, and employment quotas in the private sector through the labour reform. These incentives for the recruitment of persons with disabilities with the accompanying social conditions can be a pathway that is pioneered at the global level as an example for the world to follow, for society to be welcoming, to give hope and to build the path for the integration of persons with disabilities in the world of work. It is often the case, and I know this from experience, that therapeutic care is provided with a view to labour market inclusion, and it is provided to value persons with disabilities as being worthy of and meriting participation in the productive life of our countries. For this purpose, the Government of change has to continue building the pathway, clearly with employers and workers, but also with persons with disabilities, because nihil de nobis, sine nobis, or nothing about us without us, because today we are united at the international level, in Europe, in Geneva, and the anthem for this continent, the melody that inspired the union of European peoples was written by a person with a disability. In May, we celebrated the 200th anniversary of Beethoven’s Ninth Symphony, a composer who never heard this marvel that we have all heard, and who did not hear the ovation in the theatre in Vienna when he first performed the Ninth Symphony.
We, in the Government of change, understand disability as going beyond figures, which of course are of interest to us for the design and development of public policies by persons and citizens until they become law. We need them to be integrated, and thankfully, in addition to employer representatives, there were persons with disabilities and their organizations participating actively in the meetings so that development was not imposed on us, but with us.
Disability has to be seen as a gift. This is the objective of the Government of change, and is what has been left to us by Borges, one of the best Latin American writers, who was blind and taught his alter ego that the progressive loss of vision is like a slow summer evening.
This is the vision of the Government of change, thinking of each person, each citizen who deserves decent work, not only in terms of social and therapeutic measures, but also in relation to the social contract. This is a Convention that we recognize as being of great relevance and which requires commitment more as societies than governments, as humanity. That is why this meeting is so important and it is so important for us to transmit and leave before you the declaration and manifesto of the commitment of the Government of change led by President Gustavo Pérez Petro to develop policies with persons with disabilities as the centre of gravity of their construction, with employers, of course, and with workers. But democratic forums have already been open, and participatory forums have already had their say, and it is now going through the parliamentary process. The participation of employers, and of course of workers and the Government, cannot be disregarded in the project that we have submitted to the Congress. And this covers not only labour matters, I insist, but also pensions, because we adults with disabilities live shorter lives and are therefore deserving of differentiated treatment.
I insist that women at the age of 50 and men at the age of 55 will be deserving of a transfer to unconditional solidarity to give them dignity in old age, through an old-age benefit that claims to repay in just proportions their contribution to society. But persons without disabilities will benefit from cash transfers from the age of 60 in the case of women and 65 in the case of men. As can be seen, there is differentiated treatment that is recognized and accepted by the Government, and we are absolutely convinced of the importance of the commitment of society, and of everyone, to a better old age for our persons with disabilities.
In addition, we are adopting a social approach that is changing and, by order to the Constitutional Court, we are updating all the legislation to ensure that it no longer refers to “invalids” or the “handicapped”, terms that are frequently used in the legislation, and which end up being burdensome in the terminology, which we want to update to “persons with disabilities”. “Handicap”, as I was taught by some of my English teachers, includes the word “cap”, with the connotation of going cap in hand for charity. This vision of assistance is what we are trying to change, to persons with disabilities who are deserving of having rights and duties, with a differentiated approach.
The report provided to the ILO sets out the progress and compliance by Colombia with the obligations set out in the Convention in relation to aspects such as employment quotas, the quotas included in the labour reform for the private sector, and all the reasons for our commitment as a society.
I insist that all the incentives and the whole design of the policy is directed towards and benefits employers, precisely by recognizing their efforts for the removal of barriers. And we know that there is a very strong cultural burden, which we are removing and which we have to be capable of removing as a society, because we cannot be left at a time of global economic recovery without the contribution of 15 per cent of the world’s population to this recovery.
This commitment is recognized by President Gustavo Petro, who has given us instructions to include it in each and every policy.
We once again give thanks for this invitation and hope that we have provided satisfactory information in the report that was sent.
I would like you to close your eyes for a second and think about the anthem of the continent where you are today which, thanks to life and this wonderful meeting, was inspired by a person with a disability, who if he could hear us would say: “We persons with disabilities aspire to the removal of barriers, we aspire that the whole legislative and policy structure that we are developing, over and above its design and its success or failure, has our participation.” What would he say about all this if he could hear us? That he would be happy to participate in this development, that he would like to finish his Ninth Symphony, which he had been composing for 12 years. But that is another story because, although depressed by his deafness, he was capable of writing the most beautiful notes in history which have come to encapsulate European unity. These are the people we are working for, and it is to these people that we are sending the message, to employers, to workers of course, and to the national Government, in the hope that the Congress of the Republic will be capable of taking its place in history and will adopt these reforms to update the Colombian legislation of 50 years ago and adapt it to the humane standards that now prevail in society.
Worker members – We note the exemplary and valuable information provided by the Government, and all the valuable contributions that have enriched this discussion. As we stated in our opening intervention, the Worker members applaud the initiatives and actions of the Government of Colombia to comply, in law and practice, with the provisions of the Convention. We request it to continue submitting updates on the progress made in its implementation.
Employer members – In our final considerations, the Employer members wish to thank the other delegates for their contributions and we once again express our gratitude to the Government of Colombia for the information provided to the Committee.
In the first place, I want to make a special point, as it is not acceptable to us that this case has repeatedly been referred to as an Employers’ case. It is necessary in this regard to recall that, in accordance with the working methods of the Committee, all the cases examined by the Committee are selected by consensus by workers and employers.
After listening carefully to the statements made to the Committee by the Employer and Worker representatives of Colombia, we would like to be clear: we cannot accept this being treated as a case of progress. There is no case of progress when explicit complaints have been made for over a year that the existing tripartite social dialogue mechanisms in the country are not working, and that the consultations required by the Convention are not being held.
Consultation with civil society organizations, in what has been referred to as tripartite plus, does not in any way replace the requirement to consult the representative organizations of employers in their capacity as partners in the world of work, just as it does not replace the legislative examination of legal texts by the body that exercises legislative power in the country.
We therefore call upon the Government to engage in deeper tripartite social dialogue. We trust that the commitment expressed by the Government will be translated into the effective consultation of the representative organizations of employers and workers to reach agreement on strategic action and promote coordination between the public and private bodies engaged in vocational training activities, as set out in Article 5 of the Convention.
The Employer members reaffirm our commitment to the inclusion of persons with disabilities in workplaces and we emphasize the positive impact of work teams that are diverse in terms of both sustainability and productivity.
Greater participation in the labour market always results in improvements in the productive and social development of our countries. However, this can only be achieved in a sustainable manner, in the presence of public policies that level the playing field to enable the participation of persons with disabilities. Policies which ensure their access to education and vocational training, and which take into account the characteristics of the productive fabric and enterprises in each country, through the provision of support for the integration of persons with disabilities into the labour force.
These are the objectives of the Convention that is under examination.
In light of the characteristics of the case, the Employer members reiterate our request to the Government of Colombia to hold relevant consultations with the representative organizations of employers to ensure that their views are taken into account in the development and review of labour market policies and regulation.
We therefore request the provision of detailed information on the process of the formulation of the new policy on disability and inclusion, and on the social dialogue processes carried out in relation to the Bill on labour reform referred to by the Government.
In addition, we request the Government to renew its efforts, in collaboration with the social partners, to increase the participation of young persons with disabilities in the education system and in vocational training programmes, and to provide detailed information on the policies implemented, the results achieved, the number of beneficiaries disaggregated by age, and their impact in terms of access to formal employment, as well as information on rural areas and remote communities in the country, and the number and characteristics of the enterprises covered by the incentive policies implemented.
Finally, we reiterate our expectation that the strong commitment expressed by the Government will be translated into coordinated and concerted action to improve the inclusion and vocational training of persons with disabilities with a view to promoting their access to productive and quality jobs, taking advantage of the opportunities that arise in the productive system of the country.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.
The Committee noted with satisfaction the Government’s indication that it continues to develop, periodically review and implement a national policy on vocational rehabilitation and employment of persons with disabilities based on the principles of equality of opportunity and treatment and non-discrimination.
Taking the discussion into account, the Committee requested the Government to:
  • continue to ensure that social partners, persons with disabilities and representative organizations of persons with disabilities are consulted and their views are fully considered in the design, implementation and review of labour market policies and regulations, in line with the Convention;
  • redouble its efforts, in collaboration with the social partners to continue to applying the Convention in law and practice.
The Committee requested the Government to submit a report to the Committee of Experts in accordance with the regular reporting cycle on these measures.
Government representative – We thank the Committee for these very important conclusions that are being transmitted to the Government of the Republic of Colombia, for your interest in emphasizing the policy for the inclusion of persons with disabilities in the world of work and for having afforded us the opportunity to show the world what the Government is doing in Colombia, in focusing on the issues of labour and equality, through the National Planning Department and all the institutions of the Government, under the leadership of President Gustavo Pedro, in order to welcome persons with disabilities into the world of work.
We take note of your observations, which we welcome and call on employer representatives. We have had meetings with the National Employers Association of Colombia (ANDI), with Teleformas, with chambers of commerce, with Corabastos, which groups together market segments, with the ANDI Foundation, with a view to the integration of the policy for the inclusion of persons with disabilities, as set out in Decree No. 5.33, issuing the National Development Plan, to reward employers that recruit persons with disabilities, although always giving centre stage to the development of the policy for persons with disabilities.
Nihil de nobis, sine nobis, nothing about us without us.
The economic recovery policy, the policy of leveraging, economic growth and social progress in our countries cannot leave aside 15 per cent of the population of the world.
We persons with disabilities can talk and are central to the development of active policies and employability policies. The citizenship passport that grants access to decent work has to be provided to persons with disabilities through the policies of the Government of change.
The Government of change has taken action and is already examining an advisory paper on economic and social policy for the integration of action, spaces for productive inclusion and employability of persons with disabilities.
Your conclusions are therefore welcomed by the Government of Colombia. The Republic of Colombia wishes to lead a global exercise of brotherhood, humanity and inclusion of persons with disabilities so that the 15 per cent of the world’s population has access to the passport to citizenship that is decent work.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the National Employers Association of Colombia (ANDI), received on 31 August 2021. The Committee also notes the observations of the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2021. Noting that the Government has so far not responded to these observations, the Committee has decided to examine them in view of the relevant provisions of the Convention, and requests the Government to provide its comments thereon.
Article 2 the Convention. National policy on the vocational rehabilitation of persons with disabilities. The Committee observes that, since it last examined the application of the Convention by Colombia, the Government has taken various measures to promote the employment of persons with disabilities, including in the period immediately preceding the examination. The Government refers to the adoption of: (i) Decree No. 2011 of 30 November 2017, establishing the percentage of employment of persons with disabilities in public sector entities depending on the size of the personnel (between 3 and 1 per cent by 31 December 2023), and (ii) Decree No. 392 of 26 February 2018, establishing an incentive of 1 per cent in public tenders and merit-based selection processes to enterprises that employ a certain number of persons with disabilities based on the total number of workers. In this regard, the Government indicates that, as of 31 March 2020, 5,026 persons with disabilities were employed in 834 public entities, and in 2020, 4,290 certifications were issued in public procurement processes to employers having engaged persons with disabilities. In 2018, 466 employers benefited from tax incentives granted for engaging persons with disabilities, an increase of 25 per cent compared with the previous four years. On 19 May 2023, the National Development Plan (PND) 2022–2026 was also adopted, establishing measures to ensure inclusive education and work for persons with disabilities, including broadening the range of institutional training programmes for inclusive and accessible work, initiatives to facilitate access to work for persons with disabilities in the public sector and strengthening the strategies of providers of the Public Employment Service (SPE) to promote the employment of persons with disabilities. The Government also indicates that funding has been provided for entrepreneurial initiatives undertaken by persons with disabilities, outreach activities have been conducted targeting employers and representatives of various national bodies, and enterprises have been advised on employment inclusion mechanisms and labour intermediation services for persons with disabilities. In addition, a new Disability and Inclusion Policy is under development, including measures to provide opportunities for the advancement of persons with disabilities in the spheres of education and production. Finally, the Committee notes the ANDI’s indication of the implementation, in collaboration with various public and private entities and organizations of persons with disabilities, of the model Productivity Pact of the Enterprise Programme for the Promotion of Employment for Persons with Disabilities in 1,700 enterprises, around 30 per cent of which have engaged persons with disabilities. The Government indicates that the programme aims to develop a replicable and sustainable model to make the recruitment of persons with disabilities effective and productive for individuals and enterprises. The ANDI also refers to the introduction of the Seal of Inclusion to endorse an employer’s corporate responsibility as an inclusive organization and indicates that, through a partnership with the National Learning Service (SENA), 1,116 persons with disabilities have participated in vocational training.
However, the Committee notes, based on data from the National Department of Statistics (DANE), that while 52.3 per cent of persons with disabilities are of working age, only 15.5 per cent are engaged in work and only 2.5 per cent are in formal employment or have an income equivalent to a minimum wage. The Committee also notes that, in their observations, the CTC, the CGT and the CUT maintain that the legislative measures adopted have not had an impact on the creation of employment opportunities for persons with disabilities in the open labour market due to barriers in academic training and misperceptions among employers regarding the strengthened employment stability guaranteed to persons with disabilities. They also note that unemployment figures for persons with disabilities are under-reported, thus impeding an assessment of the real impact of the measures taken. In light of the above, the Committee requests the Government to continue its efforts in both the political and legal fields, including in relation to the monitoring and allocation of the necessary funding for the implementation of the measures adopted to secure, retain and promote opportunities for persons with disabilities to find employment in the open labour market, both in the public and private sectors, including measures targeting small and medium-sized enterprises. It also requests the Government to send detailed information on the measures taken in this regard, including information on the impact of Decree No. 2011 of 30 November 2017 and Decree No. 392 of 26 February 2018 on employment generation for persons with disabilities. It further requests the Government to provide information on the adoption of the new Disability and Inclusion Policy, and to provide a copy thereof once it has been adopted.The Committee lastly requests the Government to respond to the above-mentioned concerns raised by the trade union confederations.
Article 3. Vocational rehabilitation measures. The Committee notes the Government’s indication that the public employment and vocational guidance services have specialized units providing assistance to persons with disabilities, including remote assistance using new technologies. The Government reports on the implementation by the SPE of the inclusive employment model with a focus on bridging gaps, including programmes, methodologies and instruments tailored to the jobseeker’s profile, with a view to producing effective and targeted interventions in relation to population groups facing the greatest labour market integration difficulties, including persons with disabilities. In this framework, since 2019, the SPE implements the Labour Inclusion Strategy for persons with disabilities with the objective of promoting the employment of persons with disabilities in the public and private sectors. The Committee observes that, according to the Public Employment Service Information System (SISE) and the SENA, between 2018 and February 2020, 12,255 persons with disabilities were registered with the SPE, 4,852 of whom were placed in employment. In April 2021, the SPE singled out 23 employment centres for their inclusiveness. While taking due note of the information provided by the Government concerning the measures taken to promote employment opportunities for persons with disabilities in the open labour market, the Committee requests the Government to provide more detailed information on how it ensures, both in law and in practice, that appropriate vocational rehabilitation measures are made available to all persons with disabilities. The Committee also requests the Government to provide updated information on the nature, scope and impact of the measures taken, in terms of the creation of employment opportunities for such persons in the open labour market.
Article 5. Consultations. The Committee notes the adoption of Decree No. 2177 of 22 December 2017, establishing the Disability Inclusion Council (CID), with the objective of coordinating training initiatives for the work and employment of persons with disabilities in the private sector. The CID includes among its members representatives of workers’ confederations, employers’ organizations and organizations of persons with various types of disabilities. The CID is responsible for, among other functions, coordinating initiatives for the social, labour market and productive inclusion of persons with disabilities; promoting and disseminating the effective exercise of the rights to social, labour market and productive inclusion of persons with disabilities through various initiatives, such as campaigns, strategies and participation mechanisms; and promoting the establishment of a national network of inclusive enterprises. The Government indicates that, in this framework, subcommittees for social, labour market and productive inclusion have been established in the disability committees of nine cities. The Government adds that the policies and programmes of the National Council on Disability (CND) are regularly reviewed in Sectoral Liaison Groups (GES), comprising representatives from various government ministries and agencies. The CTC, CGT and CUT maintain, for their part, that no opportunities for consultation with workers’ organizations have been provided to discuss policies affecting workers with disabilities. The Committee requests the Government to provide detailed information on the manner in which representative organizations of employers and workers and representative organizations of persons with disabilities are consulted on the implementation and periodic review of the national policy for the vocational rehabilitation of persons with disabilities, including in the framework of the Disability Inclusion Council (CID).
Article 7. Vocational training for persons with disabilities. The Committee notes the Government’s indication that the SENA does not provide any specific training for persons with disabilities, but rather makes reasonable accommodations to the various training programmes in accordance with labour market demand, and the interests of persons with disabilities. The Committee also notes that the PND provides for the establishment of the national equal opportunities programme for higher education access, retention and graduation of persons with disabilities, together with the implementation of initiatives to phase out the segregated provision of education for persons with disabilities. The Government also indicates the adoption of Decree No. 1421 of 2017, which regulates, within the framework of inclusive education, the provision of education for persons with disabilities. The Decree provides for measures to encourage the participation of young persons with disabilities in training processes. The Government also refers to the implementation of entrepreneurship programmes by the SENA for persons with disabilities. The Government indicates that between 2017 and 2019, 81,243 persons with disabilities were trained as apprentices.
The Committee observes, however, the alarming number of young persons with disabilities who lack access to formal education. The Government indicates that, according to statistical information from the DANE, less than 10 per cent of persons with disabilities have access to the formal education system. Trade union confederations further note the low levels of education of persons with disabilities. By way of example, they indicate that, according to statistical information of the United Nations Educational, Scientific and Cultural Organization (UNESCO), only 56 out of every 100 young persons with disabilities (between 15 and 24 years of age) can read and write, while among the general population the proportion is 98 out of every 100. The Committee wishes to underline in this respect that the lack of access to quality education seriously compromises the future of young persons with disabilities by depriving them of the possibility to participate fully in the labour market, at a time when the market is undergoing rapid transformations, including digital transformations, which offer great potential for the integration of persons with disabilities into the open labour market. The Committee therefore requests the Government to intensify its efforts, in collaboration with the social partners, with a view to improving the extremely low levels of participation of young persons with disabilities in the education system and to ensure inclusive education.The Committee further requests the Government to provide detailed information on the concrete measures taken in this respect, including information on the impact of such measures on the ability of persons with disabilities to secure, remain and advance in employment.
Article 8.Services in rural areas and remote communities. The Committee notes the Government’s indication that the SPE provides specific assistance to persons with disabilities through mobile units in the country’s remotest regions and municipalities involved in the peace process. The Government further indicates that a virtual course is planned in a number of remote municipalities with a view to strengthening employment channels for persons with disabilities in such areas. The Committee requests the Government to continue to provide updated information on the nature, scope and impact of the measures taken to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services for persons with disabilities, both in rural areas and remote communities.
Article 9.Training of qualified staff. The Committee notes the Government’s indication that the SPE providers receive training on the physical and technological adaptations necessary to ensure appropriate assistance to persons with disabilities. In addition, in 2020, the Guide on Adjustments to the Employability Road Map with a Focus on Persons with Disabilities was presented to 198 civil servants, 63 SPE providers and labour sector entities. The SPE also has a virtual course for civil servants to strengthen competences for the inclusion of persons with disabilities in the labour market. The Committee requests the Government to provide information on the results achieved through the measures taken with regard to the training of rehabilitation officers and other qualified staff involved in vocational guidance, vocational training, placement, and employment of persons with disabilities in the open labour market. It also requests the Government to provide statistical information on the number of civil servants who have received training on the inclusion of persons with disabilities, as well as on the availability of qualified staff for vocational rehabilitation.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August 2015, and the observations of the Single Confederation of Workers (CUT) and the General Confederation of Labour (CGT), received on 2 September 2015.
Article 2. National policy on the vocational rehabilitation of persons with disabilities. The Committee notes with interest the adoption of Act No. 1618 of 27 February 2013 setting forth provisions to ensure the full exercise of the rights of persons with disabilities. Section 13 of the Act No. 1618 recognizes the right to work of all persons with disabilities and lays down an obligation for the Ministry of Labour to guarantee this right in terms of equal opportunities, equity and inclusion. According to Decree No. 723 of 15 April 2013, persons with disabilities who are self-employed are covered for occupational hazards. Furthermore, Act No. 1562 of 11 July 2012 requires occupational hazard insurers to set up mechanisms for the retraining and relocation of persons with work-incurred disabilities. The CUT and the CTC stress the need to improve the register of persons with disabilities since the current register does not cover all such persons resident in the country or draw any distinction between the various types of disability. The CUT and the CTC further suggest that there is a lack of commitment on the part of employers to create jobs for persons with disabilities. The CGT, for its part, indicates that disabilities are to be observed more in sectors where incomes are lower. The Government states in its report that since 2013 an employers’ work promotion programme for persons with disabilities, the “productivity agreement”, has been implemented. Since it started, the programme has helped to generate 721 job opportunities for persons with disabilities. The Government adds that progress has been made in the modernization of the register of persons with disabilities under the coordination of the Ministry of Health and Social Welfare. In February 2015, 1,144,242 persons with disabilities were registered, of whom 48,436 reported occupational disease or injury as the cause of disability. The Committee requests the Government to continue to provide information on the results of the national policy for the vocational rehabilitation and employment of persons with disabilities.
Article 3. Measures for occupational rehabilitation. The Government indicates that to encourage the labour market integration of persons with disabilities, campaigns to raise awareness in enterprises are being organized through regional forums with the participation of employers, persons with disabilities, public and private employment agencies, special education institutions and representatives of regional governments. Furthermore, teleworking has been promoted as a mechanism that facilitates the recruitment of persons with disabilities. The “Enterprise” fund established by the National Training Service (SENA) provides financial support for the creation of undertakings by persons with disabilities and for the establishment of companies in which persons with disabilities hold a share of 20 per cent or more in the equity. The Committee requests the Government to provide information on the impact of the measures taken to promote the vocational rehabilitation of persons with disabilities in terms of the creation of employment opportunities for such persons in the open labour market.
Article 5. Consultations. The CTC and the CUT observe that the Government has not set up any forums for consultation and cooperation with representative organizations of workers to discuss policies that affect workers with disabilities. The Committee requests the Government to provide detailed information on the manner in which the representative organizations of employers and workers and the representative organizations of persons with disabilities are consulted on the application and periodical review of the national policy on vocational rehabilitation and employment for persons with disabilities.
Article 7. Vocational training for persons with disabilities. The Committee takes note of Resolution No. 1726, adopted by the SENA on 12 August 2014 adopting an institutional policy on comprehensive care for persons with disabilities. The aim of the policy is to ensure that persons with disabilities have effective access to the services offered by the SENA. The CUT and the CTC highlight the progress made in promoting vocational training for persons with disabilities and adapting the SENA offices so that they are able to respond to the requirements of such persons. The Government indicates that between 2013 and 2014, vocational training has been provided for 43,359 persons with disabilities, of whom 3,938 have had employment opportunities. Persons with visual disability receive guidance and training suited to their needs under the AGORA programme implemented by the SENA, the National Institute for the Blind and the Foundation of the Spanish Organization for the Blind (ONCE) for Latin America. Under this programme 3,335 persons with visual disability were trained, and 220 joined the labour market. The Government further indicates that in the context of its national policy on persons with disabilities, a training programme is planned for carers of persons with disabilities. The Committee requests the Government to continue to provide information on the results of the vocational guidance and training measures that have been adopted to enable persons with disabilities to secure, retain and advance in employment. Please also provide information on any difficulties found to offer employment opportunities to persons with disabilities who have obtained training.

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

Application of a national policy. In its direct request in 2010, the Committee invited the Government to provide its comments on the observations made by the Single Confederation of Workers (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), which were forwarded to it in September 2010. The CUT and CTC indicate that, according to specialized studies, 85 out of every 100 Colombian nationals with a permanent disability do not receive the rehabilitation that they need, in most cases due to lack of resources. Furthermore, a policy has not been formulated for the integration into work of persons with disabilities which combines elements for the harmonization of employment policy with access to employment opportunities under equality of conditions for persons with disabilities. The CUT and CTC emphasize the important role played by the case law of the Constitutional Court in protecting the labour rights of workers with disabilities, even though court decisions have not succeeded in promoting employability, but only in guaranteeing the employment stability of persons with disabilities. The CGT also comments on the failure to give effect to the existing legislation and indicates that broader awareness-raising measures are required in accordance with the needs of persons with disabilities. In the report received in August 2010, the Government provided full documentation on the comprehensive standards for the protection of disability, the methodological guide for the implementation of a comprehensive socio-employment model for persons with disabilities and a detailed table of the forums of enterprises established to facilitate intermediation between enterprises and persons with disabilities. In the reply received in May 2011, the Government indicates that it is endeavouring to include the theme of disability in its various programmes in a transversal manner, and particularly in the framework of the National Disability System. The Committee also notes a further report by the Government received in July 2011 in which it emphasizes the role played by the Ministry of Social Protection in coordinating public policy on disability and as the body responsible for the National Disability System. The report includes a review of the case law on the strengthening of employment stability to protect persons in a situation of vulnerability or who suffer from a serious health problem. The CUT and CTC, in further observations which were forwarded to the Government in September 2011, reiterate their concern regarding the application of the Convention. The trade unions called on employers to generate employment and provide stability for men and women workers with disabilities. The Government should also afford greater accessibility to workers with disabilities at the national, departmental and local levels. The Committee invites the Government to provide updated information in its next report on the results achieved by the national policy of vocational rehabilitation and employment for persons with disabilities in terms of their entry into the free labour market (Articles 2 and 3 of the Convention). In particular, the Committee requests the Government to indicate in its report the manner in which the representative organizations of employers and workers, as well as the representative organizations of persons with disabilities, are consulted on the matters covered by the Convention (Article 5). The Committee further requests the Government to provide with the report data disaggregated, in so far as possible, by age and gender, and taking into account the nature of the disability, as well as extracts from reports and summaries of inquiries as a basis for examining the manner in which the Convention is applied in practice (Part V of the report form for the Convention).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s detailed report for the period ending May 2010, received on 30 August 2010. The Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) formulated comments on the application of Convention No. 159, which the Office sent to the Government on 6 September 2010. The General Confederation of Labour (CGT) also formulated comments which the Office sent to the Government on 23 September 2010. In order to carry out a complete examination of the application of Convention No. 159, the Committee requests the Government to send its own comments concerning the observations received from the CUT, CTC and CGT.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes with interest the Government's first report on the application of the Convention, and the report received in November 1992. Article 47 of the Political Constitution of 1991 provides that the State shall promote a policy of planning, rehabilitation and social integration for those who are physically or psychologically disabled, who shall receive the specialized attention that they need. Furthermore, measures have been adopted to give effect to the Convention, such as Decree No. 2177 of 21 September 1989. From the information that has been analysed, it appears that the provisions which have been adopted and the programmes which are planned are in conformity with the Convention. Nevertheless, the Committee would be grateful if the Government would include in its future reports the general information requested in Part V of the report form by supplying, in particular, statistics, extracts from reports and inquiries into the subject covered by the Convention. For example, the Government could include documentation on the work of the Coordinating Counsellor for the Rehabilitation and Employment of Disabled Persons and of the regional coordinating counsellors in order to enable the Committee to assess the manner in which effect is given in practice to Articles 2, 3, 7, 8 and 9 of the Convention.

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