1. Legal Basis
1.1. Colombian Constitution
The Political Constitution of Colombia, in Chapter 2 regarding Social, Economic, and Cultural Rights, enshrines in Article 44 the fundamental rights of children. These include the right to life, physical integrity, health, social security, and nutrition. Additionally, it states that children must be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse, labor or economic exploitation, and hazardous work.
The Constitution also recognizes children’s rights as established in laws and international treaties ratified by Colombia.
1.2. Convention on the Rights of the Child
Colombia ratified the Convention on the Rights of the Child on January 28, 1991. According to the principles proclaimed in the United Nations Charter, nations recognize the special protection required for children’s rights, among them Colombia.
1.3. Optional Protocol on Child Trafficking
The Optional Protocol on Child Trafficking, Child Prostitution, and Child Pornography came into force internationally in 2002. This international instrument criminalizes violations of children’s rights and emphasizes the importance of fostering greater public awareness and international cooperation to combat these activities.
The Protocol includes definitions for crimes such as the "child trafficking", "child prostitution," and "child pornography," and mandates nations to criminalize and punish activities related to these offenses.
1.4. Law 679 of 2001
Through Law 679 of 2001, Colombia adopted measures to protect minors against exploitation, pornography, sexual tourism, and other forms of sexual abuse. The Colombian State must therefore commit to child protection principles and establish criminal penalties for child pornography and sexual tourism involving minors.
The legislation also mandates that tourism service providers, as defined by existing regulations, must not include programs promoting the sexual exploitation of minors in their offerings. Companies are encouraged to adopt measures to prevent employees, agents, or intermediaries from offering tourist guidance or sexual contact involving minors.
1.5. Law 1336 of 2009
In 2009, Law 679 of 2001 was amended to require tourism service providers and airlines to develop a code of conduct promoting prevention policies and avoiding the sexual exploitation of minors in their activities.
1.6. Resolution 4311 of August 30, 2010
This legislation by the Civil Aviation Authority outlines the basic content that a code of conduct or ethics protocol must include for commercial air passenger service companies. It mandates compliance by legal representatives, directors, administrators, and employees.
From the issuance of this resolution, contractors providing services related to commercial air transport must also observe the company’s code of conduct, policies, or ethics protocols.
2. Scope of Application
This code of conduct applies throughout the Colombian territory.
In compliance with the provisions of Law 1336 of 2009, transport operators must adhere to this Code of Conduct in their activities to prevent the sexual exploitation of children and adolescents.
3. Principles
Acknowledging the global concern and commitment of other nations and civil society to protect children’s rights and safeguard them against sexual exploitation, and,
Given the ongoing issue of sexual tourism and the particular vulnerability of children, transport operators authorized in Colombia commit to the principles enshrined by UNICEF, particularly in the Convention on the Rights of the Child and the Optional Protocol on sexual exploitation, child pornography, sexual tourism, and other forms of child abuse.
4. Corporate Policies
Transport operators, in compliance with legal provisions regarding child protection against all forms of exploitation and sexual abuse, and in line with national government policies, commit to:
4.1. Repressing, condemning, and reporting any criminal act of exploitation or sexual abuse of minors to competent authorities.
4.2. Prohibiting and rejecting the dissemination of child pornography by company personnel, contractors, or suppliers during working hours or via company facilities, including IT networks.
4.3. Banning the use and dissemination of illegal materials involving minors on company networks.
4.4. Condemning and rejecting promotional tourism programs, either explicitly or covertly, that promote or engage in the sexual exploitation of minors.
4.5. Preventing employees from offering tourist guidance or promoting sexual contacts involving minors.
4.6. Supporting the National Government by disseminating information about legislation against child sexual exploitation to users.
4.7. Establishing technical blocking mechanisms to protect users and their children from illegal, offensive, or undesirable materials involving minors in pornography and sexual abuse.
5. Application of Corporate Policies
5.1. Internal Application
The transport operator will inform its personnel about the duty to observe the policies contained in this document to prevent the sexual exploitation of children and adolescents and enforce compliance through the Internal Work Regulations.
5.2. Application to Third Parties
From the date of adoption of this code, contractors and suppliers entering contractual relationships with the airline for services related to commercial air transport must observe these policies to prevent the sexual exploitation of children and adolescents.
6. Information for Travelers
In compliance with Article 4 of Resolution No. 4311 of 2010 and the National Government’s information policies in airports, the airline will inform passengers that Colombia has laws preventing and punishing sexual tourism involving children and adolescents.
This information will be disseminated via the airline’s website, offices, and sales points in Colombia.
7. Procedure for Reporting to Competent Authorities
If an airline employee directly knows or suspects that a child or adolescent is being sexually exploited within airport facilities or onboard an aircraft, they must report this to the airport shift supervisor or the aircraft commander, who will notify the authorities available at the airport.
8. Validity
This Code is subject to the legal provisions in force at the time of its issuance and will be adjusted as necessary in accordance with Article 1 of Law 1336 of 2009.