Expert Guide on Human Rights and Forced Labour in Colombia

Colombia does not have a single, comprehensive law specifically addressing forced labour, modern slavery, or mandatory human rights due diligence for companies. 

However, the legal and regulatory landscape is shaped by a combination of voluntary directives, constitutional provisions, international treaties, and significant jurisprudence from both the Colombian Constitutional Court and the Inter-American Court of Human Rights.

There are no sector-specific statutory rules on forced labour or modern slavery in Colombia. However, certain sectors—such as mining, oil, and infrastructure—are frequently the subject of judicial scrutiny and are expected to adhere to higher standards of due diligence due to their potential impact on human rights and the environment

• Voluntary reporting: Companies are encouraged, but not legally required, to conduct human rights due diligence and report on their efforts as part of sustainability disclosures.
• Jurisprudential obligation: According to the Constitutional Court, companies must implement human rights due diligence processes to identify, prevent, mitigate, and account for their impacts on human rights.

• Voluntary nature: There are no mandatory government reporting requirements for human rights due diligence or modern slavery. The existing sustainability reporting directive is voluntary. 
• Judicial oversight: Courts may require companies to demonstrate due diligence in legal proceedings, especially in cases involving indigenous rights, environmental impacts, or prior consultation obligations.

• Judicial remedies: While there are no administrative fines or regulatory penalties specifically for failing to conduct human rights due diligence, companies can be subject to judicial orders, including injunctions, suspension of activities, or requirements to undertake remedial actions if found to have violated human rights.
• Civil liability: Companies may be ordered to compensate affected individuals or communities for harm caused by their activities if due diligence is found lacking.

• Criminal liability: There is no specific criminal penalty for failing to conduct human rights due diligence, but criminal liability may arise if company actions result in violations of criminal law (e.g., environmental crimes, violations of indigenous rights).
• Civil liability: Companies may face civil lawsuits and be required to provide reparations for damages resulting from human rights abuses or environmental harm.
• Administrative sanctions: In some cases, administrative authorities may suspend or revoke permits or licenses if companies are found to have violated human rights or failed to conduct proper prior consultation.

• Personal liability: Directors and executives may be held personally liable if they are found to have acted negligently or failed to ensure the company’s compliance with human rights obligations, particularly in cases where harm to vulnerable communities or the environment occurs.
• Reputational risk: Senior management faces significant reputational risks, which can affect their professional standing and the company’s ability to operate or secure financing

• No comprehensive legislation yet: Colombia has not yet enacted a mandatory human rights due diligence law, but there is increasing pressure from courts and international bodies for the State to regulate and require such processes.
• Judicial trend: The Constitutional Court and Inter-American Court have repeatedly called for the State to adopt legislative and regulatory measures to ensure companies implement human rights due diligence, especially in high-risk sectors.
• Potential for future regulation: Given the evolving jurisprudence and international trends, it is likely that Colombia will move toward mandatory human rights due diligence requirements in the future, particularly for companies operating in sectors with significant human rights or environmental risks.