Practice Related to Rule 95. Forced Labour
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
Taking into account … the development of customary international humanitarian law applicable in internal armed conflicts, the Constitutional Court notes that the fundamental guarantees stemming from the principle of humanity, some of which have attained ius cogens
status, … [include] the prohibition of uncompensated or abusive forced labour.
[footnote in original omitted]
In 2010, Colombia’s National Council for Social and Economic Policy approved the Policy for the Prevention of Recruitment and Use of Children and Adolescents by Organized Armed Groups Outside the Law and Organized Criminal Groups. The Policy states:
[of the 2006 Code on Children and Adolescents] provides that children and adolescents are protected from wars and internal armed conflicts, their recruitment and use by organized armed groups outside the law, [and] the worst forms of child labour pursuant to ILO Convention No. 182 [1999 Convention on the Worst Forms of Child Labour], among other acts that violate or threaten their rights.
The Policy also states: “Convention No. 182 was adopted by the ILO on 17 June 1999. Its Article 3
(b) states that the recruitment and use of children [in armed conflict] is … one of the worst forms of child labour
(emphasis in original)
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, compels or orders the compelling of a protected person to serve in the armed forces of the enemy.