THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar regions
AGRICULTURAL LABOR PRACTICES PROGRAM

Control Union Certifications
Meeuwenlaan 4-68011 BZ ZWOLLE
Netherlands

July 2015

PMI Third Party Assessment

Control Union Certifications
TABLE OF CONTENTS

1. ALP PROGRAM BACKGROUND AND ASSESSMENT OVERVIEW .......................... 5
2. COLTABACO ASSESSMENT: SCOPE AND METHODOLOGY .................................... 9
2.1 SCOPE ............................................................................................................................................ 10
2.2 OPENING MEETING ........................................................................................................................ 10
2.3 STAFF INTERVIEWS AND ALP PROGRAM DOCUMENTATION ....................................................... 10
2.4 FARM SAMPLE SELECTION ............................................................................................................. 11
2.5 FARM VISITS .................................................................................................................................. 14
2.6 PERSONS INTERVIEWED ................................................................................................................ 14
2.7 CLOSING MEETING ........................................................................................................................ 16
2.8 PREPARATION OF THE FINAL REPORT ........................................................................................... 16
3. ASSESSMENT OF THE IMPLEMENTATION OF PHASE 1 OF THE ALPPROGRAM ....................................................................................................................................... 17
3.1 CONDUCT OF THE ASSESSMENT ................................................................................................... 18
3.2 PEOPLE AND PROCESSES TO MANAGE THE ALP PROGRAM ........................................................ 18
3.2.1 Internal structure for ALP implementation ................................................. 18
3.2.2 Internal communication and reporting ........................................................ 19
3.2.3 ALP training, roles and responsibilities ........................................................ 20
3.2.4 Engagement with the ALP Program ............................................................... 20
3.3 COMMUNICATING THE ALP CODE REQUIREMENTS TO ALL FARMERS ........................................ 21
3.3.1 The ALP communication strategy ................................................................... 21
3.3.2 ALP communication methods and materials .............................................. 22
3.3.3 Understanding and perception of the ALP Program ................................ 24
3.4 BUILDING FARM PROFILES FOR ALL CONTRACTED FARMS ......................................................... 25
3.4.1 Data gathering system for Farm Profiles .................................................... 25
3.4.2 Accuracy of Farm Profiles .................................................................................. 26
3.4.3 Analysis of information on Farm Profiles ..................................................... 26
3.5 PROMPT ACTIONS .......................................................................................................................... 27
3.5.1 Prompt Action reporting mechanism ............................................................ 27
4. ASSESSMENT OF THE CURRENT STATUS OF PHASE 2 OF THE ALPPROGRAM ....................................................................................................................................... 29
4.1 MONITORING OF LABOR PRACTICES FARM BY FARM ................................................................... 30
4.1.1 Selection of issues ............................................................................................... 30
4.1.2 Pilot of mechanism for monitoring ................................................................ 30
4.2 ADDRESS WIDESPREAD AND/OR SYSTEMIC ISSUES ................................................................... 31
4.2.1 Investigation of root causes ............................................................................. 31
4.2.2 Initiatives to address widespread and/or systemic issues ................... 32
4.2.3 Stakeholder engagement .................................................................................. 33
4.3 SUPPORT MECHANISM ................................................................................................................... 33
4.3.1 COLabora program .............................................................................................. 33
5. FARM LEVEL ASSESSMENT OF ALP CODE STANDARDS ...................................... 35
5.1 ALP CODE PRINCIPLE 1: CHILD LABOR ...................................................................................... 36
5.1.1 Children working at the farm ........................................................................... 37

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5.1.2 Awareness of legal minimum working age ................................................. 39
5.1.3 Awareness of hazardous work ......................................................................... 39
5.1.4 Exchange of labor ................................................................................................ 39
5.1.5 Sharecropping ....................................................................................................... 40
5.1.6 Age verification ..................................................................................................... 40
5.2 ALP CODE PRINCIPLE 2: INCOME AND WORK HOURS ............................................................... 41
5.2.1 Minimum salary ..................................................................................................... 42
5.2.2 Payment schedule ................................................................................................ 43
5.2.3 Regular and overtime hours ............................................................................ 43
5.2.4 Legal benefits ........................................................................................................ 43
5.2.5 Awareness of legal minimum wage ............................................................... 44
5.2.6 Awareness of legal work hours ....................................................................... 44
5.2.7 Record keeping ..................................................................................................... 44
5.2.8 Pay slips ................................................................................................................... 44
5.2.9 Exchange of Labor ............................................................................................... 44
5.2.10 Sharecropping ..................................................................................................... 45
5.3 ALP CODE PRINCIPLE 3: FAIR TREAMENT .................................................................................. 47
5.3.1 Fair treatment ....................................................................................................... 47
5.3.2 Communication with workers .......................................................................... 47
5.4 ALP CODE PRINCIPLE 4: FORCED LABOR ................................................................................... 47
5.4.1 No evidence of workers unable to leave their job ................................... 48
5.4.2 Debts with the farmer ........................................................................................ 48
5.4.3 Financial problems among farmers ............................................................... 48
5.5 ALP CODE PRINCIPLE 5: SAFE WORK ENVIRONMENT ............................................................... 49
5.5.1 Training and awareness of Green Tobacco Sickness (GTS) ................. 50
5.5.2 CPA handling and training ................................................................................ 51
5.5.3 Clean drinking and washing water ................................................................ 51
5.5.4 Worker accommodation ..................................................................................... 52
5.5.5 Re-entry period ..................................................................................................... 52
5.5.6 CPA storage and final disposal ........................................................................ 53
5.5.7 General safety measures .................................................................................. 54
5.6 ALP CODE PRINCIPLE 6: FREEDOM OF ASSOCIATION ............................................................... 55
5.6.1 Workers´ right to freedom of association................................................... 55
5.6.2 Awareness of freedom of association ........................................................... 56
5.7 ALP CODE PRINCIPLE 7: COMPLIANCE WITH THE LAW ............................................................. 56
5.7.1 Information on legal rights ............................................................................... 56
5.7.2 Employment contracts ....................................................................................... 56
6. CONCLUDING REMARKS .................................................................................................... 58
APPENDICES ................................................................................................................................. 60
APPENDIX 1. COLTABACO RESPONSE AND ALP PROGRAM ACTION PLAN .................................... 61
APPENDIX 2. ALP CODE ...................................................................................................................... 76

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GLOSSARY OF TERMS and ACRONYMS
ALP
ALP Code
ALP Code Principle
ALP Program
ANSPE

CA
CU
COLTABACOCPA
Crew leader
DAC
Family farm
Farm Profiles

FCV
FMM
FEDETABACO
GAP
GTS
ITP
Leaf tobacco supplier
Migrant labor

Measurable Standard

NGO
OC
Phase 1
Phase 2
Piece work
PMI
PPE
Prompt Action

SENA
STP
Support mechanism

VAC
VFC

Agricultural Labor Practices
PMI’s Agricultural Labor Practices Code
Short statements that set expectations of how the farmer should
manage labor on his farm in seven focus areas
Agricultural Labor Practices Program
National Agency for Overcoming Extreme Poverty (ANSPE) is thenational government agency responsible for social marketingstrategy for the poorest and most vulnerable population
Corporate Affairs
Control Union
PMI affiliate in Colombia - Compañía Colombiana de Tabaco
Crop Protection Agents
Person responsible for managing a group of workers
Dark aired-cured tobacco
A farm that depends mainly on family members for the productionof tobacco
A data collecting tool developed by PMI with Verité to track thesocio-economic status of the farms, systematically gather detailed
information about, among other things, the type of labor employed,
farming activities that minors may be involved in, and hiring
Flue-cured Virginia tobacco“Fundación Manuel Mejía” foundation
National Federation of tobacco producers
Good Agricultural Practices
Green Tobacco Sickness
International Tobacco Procurement program of PMI
A company that has a contract with PMI to supply tobacco but is nota farmer
Migrant labor refers to labor that comes from outside the farm’s
immediate area. Migrant labor can come from a neighboring region
in the same country, or from a different country
A Measurable Standard defines a good labor practice on a tobacco
farm and helps determine to what extent the labor conditions andpractices on a tobacco farm are in line with each of the ALP Codeprinciples
Non-Governmental Organization
PMI Operations Center (Lausanne, Switzerland)Startup of ALP Program (training, communications, outreach)
ALP Program full implementation (monitoring, addressing problems)Payment at a fixed rate per unit of production/work
Philip Morris International, Inc. or any of its direct or indirect
subsidiaries
Personal Protection Equipment
A situation in which workers’ physical or mental well-being might be
at risk, children or a vulnerable group – pregnant women, the elderly- are in danger, or workers might not be free to leave their job
National Learning Service Department
Sustainable Tobacco Production
A way for workers to access information and get support in difficult
situations and for workers and farmers to get support in mediating
disputes. Farmers have access to additional services to improve laborand business practices.
Air-cured Virginia tobacco
Virginia flue-cured tobacco

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1. ALP Program background and assessment
overview

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar regions
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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In 2011, Philip Morris International Inc. (PMI)1 launched a worldwide Agricultural
Labor Practices (ALP) program to progressively eliminate child labor and other laborabuses where they are found and to achieve safe and fair working conditions on
tobacco farms. This program applies to all tobacco farms with which PMI or PMI´sleaf tobacco suppliers have contracts to grow tobacco for PMI and consist of fourmain components:(1) the Agricultural Labor Practices Code, setting clear standards for all
tobacco farms growing tobacco from which PMI ultimately buys;(2) an extensive training program for all PMI and leaf tobacco supplier’s staff
that are directly involved with tobacco growing, in particular the fieldtechnicians that provide regular visits to the farms;(3) a multi-layered internal and external monitoring system; and(4) involvement of governmental and non-governmental (NGO) stakeholders
in improving labor practices and enhancing the livelihoods of tobacco
growing communities.
The ALP Program was developed and is being implemented in partnership with
Verité, a global social compliance and labor rights NGO. Control Union Certifications(CU) was commissioned by PMI to develop the external monitoring component of
the ALP Program working in tandem with Verité to assess PMI leaf tobacco suppliers
and tobacco farms worldwide. All PMI leaf tobacco suppliers submit internal, annual
reports and are assessed regularly on their performance. For the ALP Program
implementation, internal reviews are also being performed to assess the progressand challenges in the program’s implementation. Third party assessments are
periodic reviews undertaken by CU of PMI leaf tobacco suppliers and tobacco farms
worldwide. In this initial stage of implementing the ALP Program, these third party
assessments focus solely on the ALP Program implementation. They specificallyfocus on each leaf tobacco supplier´s progress in implementing the ALP Codeframed against the strategic objectives set by PMI. The ALP Code contains
seven (7) principles:2

1

For the purposes of this report, “PMI” means Philip Morris International, Inc. or any of its direct orindirect subsidiaries.
2
The full ALP Code is contained in appendix 2.

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1.

Control Union Certifications

Child Labor
There shall be no child labor.
Income and Work Hours
Income earned during a pay period or growing season shall always be enough to meet workers’ basic needs
and shall be of a sufficient level to enable the generation of discretionary income. Workers shall not work
excessive or illegal work hours.
Fair Treatment
Farmers shall ensure fair treatment of workers. There shall be no harassment, discrimination, physical ormental punishment, or any other forms of abuse.
Forced Labor
Farm labor must be voluntary. There shall be no forced labor.
Safe Work Environment
Farmers shall provide a safe work environment to prevent accidents and injury and to minimize health risks.
Accommodation, where provided, shall be clean, safe and meet the basic needs of the workers.
Freedom of Association
Farmers shall recognize and respect workers’ rights to freedom of association and to bargain collectively.
Compliance with the Law
Farmers shall comply with all laws of their country relating to employment.

2.

3.

4.
5.

6.
7.

The implementation of PMI’s ALP Program by leaf tobacco suppliers that purchase
tobacco for PMI has been divided into two phases 3:
Phase 1Management personnel and field technicians understand the ALP Code andthe implementation approach, ensuring capacity of people and the processes
in place to roll-out and manage the ALP Program;
Communicate the ALP Code, requirements and expectations to all farmers;
Document Farm Profiles for every contracted farm, identifying risk areas andtracking communication efforts to farmers;
Being aware and engaged to identify situations and incidents at farms thatshould be both reported and addressed immediately.

Phase 2 (full implementation of the program)








Collect detailed information about labor practices on every contracted farm;
Systemically assess each farm for status of the Measurable Standards
outlined in the ALP Code;Create and implement an improvement plan for each farm to improve theimplementation of all required standards;
Identify and implement corrective and/or preventive measures to identify
and address the root causes of potential situations not meeting thestandards and risks found on the farms;
Systemic reporting on the progress being made;Support mechanism in place.

3

Often there is not a strict distinction between the two phases during ALP implementation. In practicesuppliers in many markets start to consider how to address and respond to situations that do not meet
the Code and to monitor changes before formally finishing Phase 1.

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2. COLTABACO Assessment: Scope and Methodology

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar region
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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2.1 Scope
In 2011 PMI launched the ALP Program globally. This report of COLTABACO’s
tobacco growing operations in the Colombian regions of Capitanejo and Carmen de
Bolivar is the tenth external ALP assessment by Control Union. The assessment was
conducted in June/July 2015 during completion of COLTABACO’s third crop season
under the ALP Program and its first year of implementing a pilot stage for Phase 2.
2.2 Opening meeting
On 17 June 2015, CU started the assessment with a meeting at the COLTABACO
offices in Bogotá, attended by the COLTABACO ALP steering committee (which
included the senior management) and the COLTABACO ALP Country team. During
the meeting, CU presented the objectives of the assessment and COLTABACO
provided an overview of ALP implementation in their supply chain.
2.3 Staff interviews and ALP Program documentation
The assessment of COLTABACO’s work included individual interviews with the ALP
steering committee and the ALP Country Team at the head office. In addition, CU
conducted interviews with two area supervisors, three agronomy supervisors andone agronomy project coordinator at the local offices in both visited regions. In
addition to COLTABACO´s personnel, interviews also included two external
stakeholders supporting COLTABACO´s contribution programs designed to improve
the quality of education of rural schools located in the tobacco growing areas andthe development of entrepreneur programs for tobacco farmers. All interviews wereconducted individually so interviewees felt comfortable to speak freely and raise
any issues. The conversations covered the following topics:














General awareness of the ALP Program and knowledge of the ALP Code;
Implementation of the ALP Program at the COLTABACO level;
Responsibilities of management personnel;
Internal training and communication on the ALP Program;
Communication of the ALP Code to farmers;
Internal system to collect information through Farm Profiles;
Mechanism for reporting Prompt Actions;
Records showing the training of field technicians;
Relationship with external stakeholders;
Steps taken to prepare for Phase 2;
Pilot conducted for monitoring labor practices;
Initiatives implemented to address widespread and/or systemic issues; andSupport mechanism.

COLTABACO provided all the relevant documentation related to the ALP Program
implementation requested by CU, including Farm Profiles, farmer communicationmaterials, purchase contracts, Prompt Action reports, training records, personnel
records, and internal ALP related job objectives.

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2.4 Farm sample selection
To constitute a meaningful sample, CU needed to visit at least 49 farms; the squareroot of the total number of farmers directly contracted by COLTABACO in theregions of Capitanejo and Carmen de Bolivar.4 In total, CU visited 54 farms. Farm
selection was based on the following criteria:
 Geographical spread Farm size Variety of tobacco
 Farms with reported Prompt Actions in 2014 and/or 2015
100% of the farm visits were unannounced. The day before a specific farm visit andassessment of a field technician, CU informed the ALP Country Team leader. Boththe farmers and field technicians to be visited were informed on the day of the visit.
Over two weeks, CU visited an average of 11 farms per field day with a full day ofreporting reserved after each day of field visits.
The total number of contracted farms within the scope was divided over two
growing regions: the Capitanejo region including Dark Air-Cured (DAC), Virginia
Flue-Cured (VFC) and Virginia Air-Cured (VAC) tobacco farmers and the Carmen de
Bolivar region including only Burley farmers. The farms in the Capitanejo region
generally cultivate larger areas of tobacco (average production size is 0.9 hectares)
than the farms in the Carmen de Bolivar region (average 0.5 hectares). In bothregions, many farmers grow additional cash crops such as tomatoes, coffee, cornsweet potatoes and fruit.
The graphs and tables below provide information on the 54 sampled farms.
Percentages refer to the demographic breakdown of this specific sample of farms.

Total farms assessed by region

Capitanejo
48%

52%
Carmen de Bolivar

42,406 farms at the time of the assessment.

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The stage of tobacco production played a relevant role in the Carmen de Bolivar
area as most of the tobacco was still growing due to the lack of rain and for which
farmers in this area had not yet hired workers.

Stage of tobacco
production in Carmen de
Bolivar
28

Stage of tobacco
production in Capitanejo
20

26

16

24

16

20

11

16

12

12

8

7

8
4

4

1

0

1

1

1

0
Transplanting

Growing

Farm size in Carmen de Bolivar(ha) (Total = 26)

Farm size in Capitanejo(ha) (Total = 28)
4%
7%

0-0,5

27%
73%

25%

0-0,5
0,5-1
1-3

0,5-1

39%

25%

3-5
5-10

Type of tobacco in Carmen de
Bolivar (Total = 26)

Type of tobacco in Capitanejo(Total = 28)

4%

DAC

Burley

21%

18%

VFC
VAC

100%

57%

VFC & DAC

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Farms with only family members working

Types of farm Capitanejo(Total = 28)5

Farms with family members and local workers
Farms with only local workers (no family members)

4%
4%

7% 11%

Farms with family members and exchange of labor with otherfarmers

7%

Farms with only exchange of labor with other farmers (no family
members)

14%

Farms with exchange of labor and contracted local workers

3%
Farms with sharecroppers who hire local workers

25%

18%
7%

Farms with sharecroppers who hire local workers and exchange
labor with other sharecroppers
Farms with sharecroppers exchanging labor
Farms with only sharecropping5

Types of farms Carmen de Bolivar(Total = 26)54%
8%

Farms with only family members working

23%

7%

4%

Farms with family members and local workers

Farms with only local workers (no family members)

Farms with family members and exchange of labor with otherfarmers

54%

Farms with only exchange of labor with other farmers (nofamily members)
Family Farm with exchange of labor and contracted local
workers

5

Exchange of labor (“vuelta de costilla”): when neighboring farmers work on each other´s farms (often with theirfamily members) without receiving cash but in-kind payment.
Sharecropping: A small farmer is responsible for managing a plot of land for which the larger farmer provides the
inputs and at the end of the harvest the small farmer sells the tobacco to the larger farmer (“aparcero”). The
contract with COLTABACO is normally held by the aparcero.

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2.5 Farm visits
CU used a variety of methods to collect information on each farm’s practices toimplement the ALP Code’s Measurable Standards. These included interviews with
farmers and workers, verification of farm related documentation (Farm Profiles,
Monitoring Forms, COLTABACO production agreement, Prompt Action registers,etc.) and visual observation of fields, storage rooms, curing barns, working areasand housing. Before every interview, CU explained the objective of the assessment
and assured interviewees that anonymity would be preserved at all times.
On each farm, CU conducted an individual interview with the farmer to assess theeffectiveness of COLTABACO’s communication efforts, verifying:The farmer’s awareness of the ALP Code;The farmer´s level of understanding and attitude towards the ALP Code;The key messages received from COLTABACO;
The farmer’s willingness and ability to meet the standards of the ALP Code.

In addition, CU conducted individual and group interviews with farm workers andfamily members working at the farms, verifying:The worker’s awareness of the ALP Code;
The worker´s level of understanding and attitude towards the ALP Code;The labor practices at the farm.

2.6 Persons interviewed

In total, 108 people were interviewed. To avoid undue interference or influence, CU
attempted to conduct all interviews with workers without the presence of the
farmer.
The graphs below provide a demographic profile of this sample of interviews. In the
Carmen de Bolivar area, the low number of workers interviewed was due to theearly stage of the tobacco production in the region (see 2.7) during which external
workers are not required.

People interviewed in Carmen de
Bolivar (Total = 36)100%

People interviewed in
Capitanejo (Total = 63)
100%

80%

80%

Farmers

60%

Farmers

26

20%
0%

10

Sharecroppers

60%
Familymembers

40%

28
6

40%

15

External
workers

14

Familymembers

20%
0%

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The following two graphs provide demographic information on the 39 external
workers and family members of the farmers interviewed in each region. All workers
interviewed were local workers.6
Gender of family members
interviewed Carmen de Bolivar
100% (Total number = 10)

100%

80%

80%

8

60%

Male

20

60%

Female40%

Gender of external workers andfamily members interviewed in
Capitanejo (Total = 29)

40%

20%

Female

20%

9

2
0%

0%

Age of family members interviewed
Carmen de Bolivar (Total = 10)
100%
100%

Adults
(≥18)

9

40%

6

15-17

60%

25

Adults
(≥18)
15-17

40%
20%

20%
0%

Age of family members and external
workers interviewed in Capitanejo(Total = 29)

80%

80%
60%

Male

1

0%

4

Workers who travel home daily.

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The following graphs provide additional information about the workers’ type of
employment in each region during the farm visits.7

Work duration Carmen de
Bolivar (Total = 18)7100%
2
6-9 months
1
80%
2

80%

3
3
4

3-6 months

60%
40%

100%

Work duration in Capitanejo(Total = 33)

60%
1-3 months

13

20%

Less than 1
month

0%

Permanent
9-12 months
6-9 months

8

40%

1

20%

14

3-6 months
1-3 months
Less than 1
month

0%

2.7 Closing meeting
On 17 July 2015, the closing meeting was held in Bogotá where CU presented its
initial findings. The meeting was attended by the Managing Director of thecompany, CA Director, OPS Director, Legal Director, Head of Leaf, ALP Country
Team Leader, Law Analyst, one representative of the OC, one representative of the
PMI Regional Agricultural Programs team for Latin America and one consultant from
Verité, responsible for Latin America.
2.8 Preparation of the final report
This final, public report is an important, external measurement of the progress ofglobal ALP implementation in all countries where PMI sources tobacco including
Colombia. Public release demonstrates PMI’s commitment to transparency as animportant component of the ALP Program. CU authors the final assessment reportwith quality control provided by Verité. While drafting the report, PMI and the local
PMI entity or leaf tobacco affiliate may request clarifications on specific findings.
After both PMI and the local PMI entity or leaf tobacco supplier believe findings
have been clarified and understood, a country action plan is prepared or thecountry revises the existing GAP/ALP Program plans to respond to the findings.
All findings included in this report refer to the sample of employees of the leaf
tobacco supplier, farmers, family members and/or workers applicable and assessed,
unless described otherwise. Hence, the numbers and percentages presented do notrefer to the entire farm base or staff contracted by the tobacco leaf supplier.

7

Based on worker interviews in Capitanejo and farmer declarations in the Carmen de Bolivar region.

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3. Assessment of the implementation of Phase 1 of
the ALP Program

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar region
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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This chapter documents the findings of the assessment of COLTABACO’s
implementation of Phase 1 of the ALP Program. Phase 1 began with training for
management personnel and field technicians including:1) COLTABACO’s objectives and expectations;2) The meaning of the ALP Code Principles and Measurable Standards;
3) Techniques to communicate the ALP Code to farmers;
4) Tracking progress of communications and how to build a Farm Profile;5) Identifying issues when visiting farmers.
3.1 Conduct of the assessment
CU was satisfied with the cooperation and access to information provided by
COLTABACO. Everyone interviewed demonstrated a willingness to explain internal
processes and provide their professional feedback. Both management and field
personnel were fully transparent during the assessment and provided all support
requested by CU. All farmers visited were willing to participate in the assessment
while sharing the required documentation and/or allowing interviews with farmworkers.
3.2 People and processes to manage the ALP Program
3.2.1 Internal structure for ALP implementation
At the time of the assessment, COLTABACO had previously established a Steering
Committee which included senior management, an ALP Country Team consisting ofmanagement personnel and the ALP Country Team leader and Leaf Agronomy
Team. This Steering Committee was represented by the following departments:
Leaf, Finance, Corporate Affairs, Agricultural Programs, Planning and Law and theRegional Field Offices. The ALP Country Team leader worked in the department ofAgricultural Programs. Both the Steering Committee and ALP Country Team were
supported by the PMI Regional ALP Coordinator and all these employees wereinvolved in the broader GAP Program.
In addition, the Leaf Agronomy Team, with support from the agronomy supervisors
and field technicians, were part of the internal structure for ALP implementation.
They were working closely and in regular contact with members of the ALP Country
Team. See the organizational chart on the next page.
In 2014 changes were made to COLTABACO’s internal structure for the ALP
Program in which the ALP Country Team leader, Senior Analyst CA and Regional
ALP Coordinator for Latin America were replaced.

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Organizational chart for ALP implementation

3.2.2 Internal communication and reporting
The ALP Country Team and the ALP Steering Committee held quarterly meetings
during which ALP was discussed. The ALP Country Team leader reported onprogram developments and related issues including the ALP plan, farm monitoring,
addressing issues with farmers, Prompt Actions, the support mechanism,
conrtibutions, initiatives, budget, and stakeholder engagement. Subsequently, the
ALP Country Team leader sent a quarterly report to the ALP Steering Committee
and the PMI Regional ALP Coordinator.
The ALP Country Team held bi-weekly meetings to discuss the status of initiatives,
Farm Profiles, Prompt Actions, communication strategies to the farmers and anyother relevant issues in the ALP implementation. Subsequently, bi-weekly minutes
were sent by email to the ALP Country Team, ALP Steering Committee and the PMI
Regional ALP Coordinator.
In the local offices, agronomy supervisors and field technicians met weekly to
discuss ALP related issues including status of Prompt Actions, difficulties in how tocommunicate ALP to the farmers and strategies on how to better reach farmers.
These meetings were regularly attended by the ALP Country Team leader who
actively joined in discussions and the gathering of valuable field information. To
continually improve both the knowledge and understanding of the ALP Code,different teaching strategies including role playing were used to facilitate thelearning process and help field technicians share their experiences from field visits.
In between these weekly meetings, personnel involved in the ALP implementation
were constantly updated with emails, phone calls or informal meetings.

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3.2.3 ALP training, roles and responsibilities
All required personnel involved in implementing ALP were trained. The ALP Country
Team leader, Management Staff, Agronomy Supervisors, and Agronomy Manager
were first trained in 2011 by the PMI Regional Agronomy Team. In 2013, updated
training sessions with management personnel were conducted by Verité and the
PMI Regional ALP Coordinator. In 2014, the Senior Analyst CA was trained by the
ALP Coordinator.
In 2013, Verité and the ALP Country Team Leader conducted trainings in the local
offices. During weekly meetings, field technicians were repeatedly trained. At thetime of the assessment, local offices were starting to test the knowledge of fieldtechnicians with verbal and written tests.
All personnel involved in the ALP Program had clearly defined roles andresponsibilities relating to the implementation of ALP and specific ALP objectives
were included in their annual job objectives.
COLTABACO response: “CT repeatedly trains its FTs in Good Agricultural Practices (GAP) looking
for continuous improvement. A good example was the “train the trainers” methodology for pesticide
management, which focused on health and safety when handling pesticides. This training was carriedout at the Agronomic Research Center in Villanueva with the support of an external partner, CABI
(International Center for Agricultural Bioscience).
CT has also recognized the importance of increasing field technicians’ communication skills for the
implementation of the ALP Code using pragmatic methodologies to deliver appropriate messages tosupport the execution of action plans. Although CU acknowledges the high level of engagement from
CT’s staff involved with the ALP program, particularly FT’s “unique and personal commitment”, CT willcontinue reinforcing rural extension methods aimed at strengthening the competences of its field force,in order to better approach tobacco growers and promote cultural, technological and managerialchanges and a long-term partnership.”

3.2.4 Engagement with the ALP Program
The ALP Steering Committee, ALP Country Team and Leaf agronomy team werevery engaged with the ALP Program. From the perspective of the ALP Steering
Committee, the main goal of the ALP Program is to transform farmers into
entrepreneurs to better understand tobacco growing as a business reinforced
through the implementation of the ALP Code Measurable Standards. Achieving thisgoal was to be accomplished through communication and education.
The ALP Steering Committee was fully aware of the widespread issues and theprogress of the initiatives at the farm level. To reinforce a participatory role,
members of the ALP Steering Committee occasionally joined field personnel on a
farm visit giving them insight into specific challenges and the farmers’ perspective.
ALP Country Team members were specifically responsible for setting the objectives
for the ALP implementation. The primary objective was to achieve sustainableproduction which in the end would have a positive impact on tobacco quality andfarmer income.

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Moving down the organization, the engagement of field technicians was importantas they manage the primary contact with the farmers. All of them declared seeing
the ALP Code as an opportunity for farmers to improve both their production
techniques and rural incomes. In the Carmen de Bolivar region, some fieldtechnicians developed their own methodologies to train farmers and workers
demonstrating a unique and personal commitment with the ALP Code
implementation.
3.3 Communicating the ALP Code requirements to all farmers
3.3.1 The ALP communication strategy
All farmers contracted by COLTABACO were included in ALP communication andtraining programs. Although the communication materials described in the following
chapter include all seven ALP Code Principles, during farm visits, field technicians
focused primarily on two topics; child labor and safety (GTS & CPA). These wereconsidered the most critical topics in the country.
As a result of COLTABACO´s communication efforts, 27 farmers in Capitanejo(98%) and 24 farmers in Carmen de Bolivar8 (92%) were aware of the ALP Code.
The table below summarizes farmers’ awareness of different ALP Code principles.
These percentages do not refer to the farmers’ total awareness of the ALP CodePrinciples, only the 7 major topics selected for the interviews.9
ALP Code Principle

Capitanejo

Carmen de Bolivar

Child Labor

24 (86%)23 (88%)

Safe Work environment

23 (82%)23 (88%)Fair Treatment

17 (61%)19 (73%)Forced Labor

17 (61%)15 (58%)

Income and Work hours

11 (39%)14 (54%)

Freedom of Association

6 (21%)

6 (23%)

Compliance with the law

4 (14%)

2 (8%)In Capitanejo, 26 farmers (96% of the farmers visited) and 24 farmers (100%) in
Carmen de Bolivar were aware of the ALP Code and considered it important. They
understood the importance of sending children to school and ensuring their healthand wellbeing. From interviews, they believed the ALP Code was a guide to comply
with local laws and should be followed.
8

Two farmers were unaware of the ALP Code, one was a new farmer and the other had two children
under 18 helping at the farm performing hazardous activities.
9
Numbers in brackets refer to the total number of farmers.

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27 (98%) farmers in Capitanejo, and 26 (100%) in Carmen de Bolivar considered
their relationship with the field technicians good. They were satisfied with theagronomy support that helps them improve their tobacco productivity and income.
Only one farmer declared he was dissatisfied with the field technician support.
COLTABACO response: “Although pleased with the progress made so far, CT acknowledges that
more work needs to be done, as identified by CU, including the proper understanding and perception of
the following principles: Child Labor, Safe Work Environment and Compliance with the Law. To address
this, CT will adopt the following actions:








Update and distribute communication materials on all seven principles to ensure a proper
understanding, with the objective to cover 100% of farmers by 2018.”“Train tobacco farmers through the Manuel Mejía Foundation, a local NGO partner which
implements a distance learning program in business management for tobacco growing…”“Train Field Technicians on communication skills to strengthen their capability to communicate
ALP principles more effectively and promote cultural, technological and managerial changes.”“Continue engaging with Fedetabaco (National Tobacco Growers Association) and Ministry ofAgriculture representatives to communicate the ALP Code and principles…”“Organize an annual workshop to further communicate and update FTs on their understandingof the ALP Code.”“Annual update of the Legal guidelines and training of FTs on "Compliance with the Law"
standards.”“Reinforce the discussion of practical cases presented by FTs and supervisors regarding prompt
actions, farm profiles and farm-by-farm monitoring…”

3.3.2 ALP communication methods and materials
Five specific groups of activities and materials were used to communicate the ALP
Code to farmers. First, group meetings of 15 to 20 farmers were held during thecontracting period to introduce the ALP Code to farmers. In the 2013/2014 crop
season, 66 group meetings were held in Capitanejo. In the 2014/2015 crop season,
45 meetings were held in Carmen de Bolivar.
Second, a variety of communication materials were provided to farmers. These
included: Calendars: The seven ALP principles were illustrated in calendars whichin 2015 also included the phases of the moon as COLTABACO realizedthat farmers plan their production based on these.
 ALP posters: These referenced each of the 7 ALP Code Principles.
 Captain GAP posters and comics: Posted in schools, along roads at the
local offices. Captain GAP comic books were distributed in schools.
 Notebook to record daily labor activities: Includes a reference to theseven ALP Code Principles and designed as a form with tear-off pages torecord the activities performed at the farm.
 Videos about ALP: Stored on the handheld tablets of field technicians andused to share other farmers’ experiences related to the ALP Code
implementation (success stories). Videos also included information about
the support mechanism and safe work environment at the farm. These

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videos were also broadcast on screens at local COLTOBACO offices
during the contracting and buying season.10
CPA quizzes: field technicians used CPA quizzes stored on their tablets to
examine the farmers’ knowledge on the use of the correct PPE.

All communication materials were adapted to ensure that farmers and workers
could understand them. For example, written materials were replaced with images
for illiterate farmers and workers.
Third is the growing contract. Since 2013, COLTABACO has included a specificannex with the seven ALP Code Principles. The contract clearly states that thefarmer should meet the standards of the ALP Code. If the standard is not met,
COLTABACO has the right to cancel the farmer’s contract.
Fourth, COLTABACO organized meetings in groups of 60 to 100 farmers called fielddays. Field technicians led these field days at which farmers learnt about different
topics related to the ALP Code such as the proper way to use the CPA kit and theharvesting PPE to avoid GTS.
Fifth and most important is the support of field technicians. Seven field technicians(58%) declared that they communicate the ALP Code to the farmer, the family
members, external workers and neighboring farmers in case they were present on
their visit. During the assessment, the field technician to farmer ratio was 1:109 in
Capitanejo and 1:129 in Carmen de Bolivar. All Field Technicians declared visiting
farms five to nine times per season. Eight (66%) said they needed more time tocommunicate the ALP Code with farmers who sometimes had difficulties toassimilate these new practices.
The table below summarizes the response from farmers to the different
communication methods. CU focused on identifying which communication method
was used to first teach farmers about ALP.11
Communication method

Capitanejo

Carmen de BolivarVideo

11 (39%)7 (26%)

Calendar

7 (26%)

1 (5%)

Regular visit

6 (22%)

8 (31%)

Group meeting

2 (9%)

3 (14%)

Poster1 (4%)

5 (21%)Radio-

1 (5%)

10

For realism the company decided to produce videos with real farmers. According to farmers’
declarations this strategy was successful.
11
The numbers refer to the number of farmers providing the corresponding answer. Percentages inbrackets refer to the number of farmers that gave the corresponding answer over the total interviewed
farmers. A farmer could give more than one answer (i.g. Regular Visits and Poster).

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COLTABACO response: “Originally implemented by Philip Morris Brazil (PMB), CT leveraged on theexperience of PMI’s affiliate in Brazil and adapted “+Campo” to the local context and the needs of its
contracted farmers and rural workers. Launched in March 2016, two vehicles equipped with media andpractical training capabilities are used to reach farmers and deliver training and guidance on the threepillars of Good Agricultural Practices (GAP: (Crop, Environment and People), of which the people pillar
refers to the Agricultural Labor Practices (ALP) program.
Since the program was launched, 60% of farmers in Capitanejo and 100% of those in Huila haveparticipated in the training. In 2016 and 2017, all farmers will be trained through “+Campo” training
courses.
After each “+Campo” training session, participants are tested. CT is pleased with the feedback received
from farmers and rural workers after the initial training sessions, which show significant levels of
engagement and satisfaction for the topics covered and the information delivered by “+Campo”.”

3.3.3 Understanding and perception of the ALP Program
COLTABACO management personnel generally had a good understanding of the ALP
Program and ALP Code Principles especially the field technicians who serve as theprimary contact for farmers. Consequently, their understanding of the ALP wascritical. They saw the ALP Code as a tool to progressively eradicate child labor andimprove the quality of life for farmers. Overall, their knowledge of the seven ALP
Code Principles was good but some improvements were identified:Child labor: All field technicians were aware of the legal minimum working
age which is 18 years. Five (42%) field technicians were able to explain thatchildren between 15 and 17 inclusive can work but under certain conditions,meaning with the proper working permit12 and doing activities considered
non-hazardous.
The majority of the field technicians had a good understanding of theconcept of “hazardous activities” giving accurate examples. Only one (1%)
field technician recognized CPA application as hazardous but thought itwould not be hazardous when using PPE, which is not the case.

Income and work hours: All field technicians were aware of the legalmonthly and daily minimum wage, the legal maximum work hours per day,the concept of overtime and that it should be voluntary and that one paid
rest day should be provided per week. Five (42%) field technicians could
also name the maximum hours per week. However, none of the fieldtechnicians interviewed was aware of the exact number of working hours forchildren between 15 and 17 years. With regards to legal benefits, all field

12

Minimum working age in Colombia is 18 years old. Below 18 juveniles between 15 and 17 years old
may work if they have completed a technical education from the National Service of Learning (SENA)
and written authorization from the Inspector of Labor or the authority delegated by the Ministry ofLabor in their absence.

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technicians could name them but they did not know these were applicable todaily workers.
Fair treatment: All field technicians understood the basic concept of thisprinciple. They knew that workers should be treated equally (nodiscrimination) and fairly (provide good working conditions / “treat them as
friends”).

Forced labor: All field technicians understood the concept of this principle as
they said workers must be free to work and cannot be forced under any
circumstance. They also mentioned the risks associated with maintaining
original identity documents, working under debt and end of harvest
payment.

Safe work environment: All field technicians had a good understanding of
this principle; that workers should have a safe work place and take adequate
safety measures to avoid accidents. The need to use PPE for CPA
application, protective clothing for harvesting, sanitary facilities, access towater and adequate housing.
Eleven (91%) of the field technicians
understood the usage of PPE13 and the proper re-entry period to the field.

Freedom of association: All field technicians understood that workers shouldbe free to join unions or build their own labor unions and no worker shall be
excluded for membership of a union.

Compliance with the law: All field technicians understood this principle as arequirement for the farmer to comply with all the country’s laws but none ofthem explicitly mentioned employment contracts and legal rights. Two(16%) field technicians specifically mentioned the terms and conditions of
the employment contract between the farmer and worker.

3.4 Building Farm Profiles for all contracted farms
As a requirement of Phase 1, COLTABACO employees were expected to build FarmProfiles for every farm. PMI developed a global template to support the collection of
information on socio-economic indicators including farm size, number of workers,
age and number of children in the farmer’s family, working status (for example parttime, full time, migrant), the pay period for workers and living conditions.
3.4.1 Data gathering system for Farm Profiles
In 2013 the company used a digital system to complete the Farm Profiles. In 2014
the company changed the hardware used by field technicians to gather thisinformation but the software was not ready for deployment. Consequently, they
moved back to physical forms to collect Farm Profiles until the software could be
developed. Following the PMI global template, a new Farm Profile was developed13

One (1%) field technician believed that it was not necessary to use gloves when harvesting in dry
weather and that it was only a risk when wet.

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but was missing the following information; ALP communication, training to farmer
and tasks performed at the farm.
At the time of the assessment two methods of data collection were used; ten (83%)
field technicians declared that they used the digital system to complete the FarmProfile and two (17%) said they used written forms.
Field technicians were in charge of gathering and updating the information for the
Farm Profiles. After completing the Farm Profile template they handed it over to theagronomy supervisor who would update the information in COLTABACO’s internal
system.
Of the farms visited during the assessment, 53 Farm Profiles (98%) were provided
to CU during the visit. One Farm Profile (2%) could not be shown by the fieldtechnician as this related to a new farmer in Carmen de Bolivar and was sent to CU
later by email.
3.4.2 Accuracy of Farm Profiles
By comparing the information on the Farm Profiles with the situations found at thefarms, CU concluded that 20 (71%) of the Farm Profiles assessed in Capitanejo and18 (72%) in Carmen de Bolivar were accurate. The remaining Farm Profiles farms
had one or more of the following inaccuracies in the data collected:
 Number of hectares: in three Farm Profiles of the Capitanejo region and six
Farm Profiles of the Carmen de Bolivar region the number of hectares did
not match with the area declared by the farmer. Additionally, in four FarmProfiles of the Capitanejo region, the area cultivated under a sharecropping
agreement was not included and therefore the number of hectares did not
represent the total area used for tobacco production.
 People on the farm: two Farm Profiles in the Carmen de Bolivar region did
not include the workers hired by the farmer.
 Other commercial crops: One Farm Profile in the Capitanejo region did notinclude the other commercial crops being grown by the farmer.
According to the supervisors and field technicians interviewed, Farm Profiles areconstantly revised and updated if and when relevant changes are identified on thefarm. Field technicians primarily focus their attention on changes in the production
area. They do not note changes in the family structure or the number of workers
being employed during tobacco production.
3.4.3 Analysis of information on Farm Profiles
Based on the information obtained through the Farm Profiles, COLTABACO
conducted annual analyses to design initiatives to address widespread and/or
systemic issues.
COLTABACO response: “CT will implement the following actions:

Align the farm profile template used by FTs with PMI’s global template and include the missing
information: ALP communications, trainings to farmers and tasks performed at the farm. CT
updated the farm profiles immediately after the CU Assessment.

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In 2016, Coltabaco will update 100% of farm profiles in all tobacco growing areas.
Deliver periodic trainings for its FTs, emphasizing the importance of the accuracy of farm
profiles and will coordinate annual information updates. In addition, CT is developing a datacollection system which will be fully operational for the 2017 crop season, allowing FTs tocollect data electronically from 100% of its contracted farms, including sharecroppers. This will
speed up information collection and processing. During 2016, FTs will continue collecting theinformation manually.”

3.5 Prompt Actions
PMI defines a Prompt Action as:“a situation in which workers’ physical or mental well-being might be at risk,children or a vulnerable group – pregnant women, the elderly - are indanger, or workers might not be free to leave their job.” (source: PMI, 2011)
Another Phase 1 requirement is to identify and address Prompt Actions found on
farms contracted to supply tobacco to COLTABACO. A Prompt Action should bereported immediately to the ALP Country Team leader, who should then provide
guidance on how to address the issue or escalate it within the organization.
3.5.1 Prompt Action reporting mechanism
In the 2014/2015 crop season, 143 Prompt Actions were identified in Capitanejo
and 161 in Carmen de Bolivar. All related to child labor and safe work environment.
Everyone involved in reporting Prompt Actions was aware of the reporting
procedure. Field technicians had a manual in their tablets to identify Prompt Actions
and the procedures to be followed. The manual also included specific examples ofsituations at the farm that were considered to be Prompt Actions. The template forreporting Prompt Actions was clear and easy to understand.
3.5.2 Understanding Prompt Actions
All field technicians understood a Prompt Action as an activity or situation that has
to be immediately stopped. Five field technicians considered (42%) that a Prompt
Action only applied if minor and vulnerable groups were involved in dangerous
situations. The remaining field technicians considered a Prompt Action any situation
not meeting the ALP Code.
3.5.3 Addressing Prompt Actions
When observing a Prompt Action situation, field technicians were expected to
explain the danger involved to the farmer, family members and/or workers andthen complete the Prompt Action form and submit it to the agronomy supervisor
during their weekly meetings. All Prompt Actions were escalated to the national ALP
Country Team leader who, in turn, forwarded them to the other members of the
ALP Country Team and the ALP Steering Committee. The field technicians followed
up with the farmer but with no specific deadline. Prompt Actions need to bemonitored closely to ensure the situation is addressed quickly. This will help avoid

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confusion for both the farmer and field technician. The Prompt Action should be
resolved before the next field visit. From the Prompt Actions verified by CU in
Capitanejo, all three farmers were aware of the Prompt Action being reported. In
two (67%) farms the incident was repeated during the CU visit. In Carmen de
Bolivar, of the 10 Prompt Actions verified by CU, seven (70%) farmers were awareof the Prompt Action while three (30%) were not. This lack of awareness could be
because the farmers did not receive a copy of the Prompt Action form. In one(10%) farm, the incident was repeated during CU’s visit.
COLTABACO response: “Once a promt action is reported, the FT will notify the farmer about thefinding and agree on an improvement plan for resolving the issue identified. All FTs will conduct asecond visit to the farmer to verify whether the farmer has followed the agreed improvement plan andthat the situation has been resolved and closed.
CT will address these gaps through the training of field technicians with the objective of improving theirunderstanding of prompt actions, emphasizing the reporting and monitoring procedures. CT will also
improve the existing Prompt Action Manual used by FTs to include a more detailed list of hazardous
activities that might trigger a prompt action situation. The detailed list of hazardous activities will also
be communicated to farmers through the “+ Campo” mobile unit.”

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4. Assessment of the current status of Phase 2 of the
ALP Program

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar region
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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This chapter describes COLTABACO’s implementation of Phase 2 of the ALP Program
It should be noted that COLTABACO was still at the pilot stage of Phase 2
implementation and so certain requirements were not yet completed, including
improvement plans for every farm and addressing widespread issues, which werestill in the pilot phase.
PMI introduces leaf tobacco suppliers to Phase 2 when the required preparation to
implement the program has been taken. This does not necessarily mean that all
Phase 1 requirements have been achieved. PMI and Verité then provide training to
the ALP Country Team including:1) Preparation of the ALP Country Team to train staff to systematically monitor
labor practices on farms;2) ALP status update;3) Introduction to Phase 2;
4) General approach for monitoring before, during and after a farm visit; and
5) Next steps and planning for the upcoming season.
4.1 Monitoring of labor practices farm by farm
In Phase 2, PMI expects that monitoring of labor practices on individual farms has
started and that at least two ALP Code Principles have been selected to focus
efforts on in year one. By year two, the intention is that all ALP Code Principles andMeasurable Standards should be implemented and monitored.
4.1.1 Selection of issues
Based on Farm Profile analysis, Prompt Actions, and personnel experience on thefield, COLTABACO selected several issues that were considered widespread and/or
systemic. In both regions, the most widespread issues were children involved inhazardous activities, lack of usage of the complete PPE and protective clothing,poor rural living conditions, and lack of entrepreneurship among farmers. In
addition, COLTABACO specifically identified the lack of drinking water in the farms
in Capitanejo.
4.1.2 Pilot of mechanism for monitoring
In order to develop an accurate monitoring system, COLTABACO executed a pilot
for monitoring labor practices in 2014 covering 863 farms (81% of the total) in
Capitanejo and 1,562 farms (88% of the total) in Carmen de Bolivar. During thepilot, all seven ALP Code Principles were covered. The results demonstrated theneed for adaptations to the monitoring software and improvement of the fieldtechnicians’ interpretation and understanding of certain principles.
In 2015, COLTABACO developed an improvement plan which included thedevelopment of a digital monitoring system and training of field technicians toincrease the consistency in the interpretation of different situations on the farm
either meeting or not meeting the ALP code. In Capitanejo 19 (68%) of the farms
visited by CU had been included in the pilot and 22 (85%) in Carmen de Bolivar.

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COLTABACO response: “During 2016, FTs will continue collecting the information manually, while
the electronic data collection system is further developed. CT expects to have the new system ready forthe 2017 crop season. In order to improve the quality and accuracy of farm-by-farm monitoring data in
2016, Coltabaco will focus its monitoring on three principles: Child Labor, Safe Work Environment, andIncome and Work Hours. These principles had been identified as priorities in previous risk assessments
conducted by CT (2015 and 2016). Field Tehcnicians are expected to monitor these principles at 100% of
the farms in all tobacco growing areas.
At the end on each crop season, CT’s ALP Country Team will analyse the internal monitoring data, theprompt action issues and situations not meeting the ALP Code standards, to define the monitoring
strategy for the following crop season. CT’s objective is to progressively expand the principles to besystematically monitored.”
4.2 Address widespread and/or systemic issues
Phase 2 requires investigation of the root causes of various challenges for thepractical implementation of ALP. The diverse challenges are identified andaddressed under the ALP Program with two distinct but complementary approaches.
First, initiatives are implemented to mitigate specific risks and improve the overallrural living conditions of contracted farms. Second, other initiatives involving therelevant stakeholders, including projects sponsored by the PMI Contributions
department, address problems identified at the community level.
4.2.1 Investigation of root causes
Based on analyses conducted on Farm Profiles, irregularities reported during farm
visits, Prompt Action analysis, a risk assessment performed by Verité andconsultation with different national and private stakeholders, COLTABACO identified
four root causes for the above-mentioned widespread and/or systemic issues;
1. Armed conflict: Although this posed a challenge for both areas, the Carmen
de Bolivar region was particularly affected as many farmers were displaced
from their farms during the guerrilla conflict and were still returning to theirlands at the time of the assessment. Due to the conflict, many farmers had
forgotten the technical knowledge and needed to learn again how to growtobacco. In Capitanejo, tobacco production was considered an effective
solution for replacing illicit crops.
2. Poverty14 and low educational coverage15 were identified as having asignificant impact on living conditions, safe working environment and school
attendance across rural Colombia.
3. Weak government presence and infrastructure: a lack of government SENA
offices limited the ability of children between 15 and 17 years to obtain therequired technical certificates for working on tobacco farms. In addition,
there is a lack of access to sewage systems, drinkable water and/or
electricity and poor road infrastructure in rural areas.

14
15

Rural Poverty 48.3% and Rural Extreme Poverty 24.1% (Department of National Planning).
28% educational coverage and 41% school dropout in rural areas (Ministry of Education).

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4. Illiteracy rates: According to COLTABACO’s internal assessment, 13.7% of
the contracted farmers are illiterate which limits the way in which the ALP
Code can be communicated.16
4.2.2 Initiatives to address widespread and/or systemic issues
At the time of the assessment, COLTABACO was implementing several initiatives tomitigate specific risks and improve overall rural living conditions for contracted
farmers. These included distribution of clips; stalk cutting to reduce child labor;
distribution of PPE and protective clothing; distribution of CPA lockers, and safety
training to address unsafe work environments. The details of these initiatives canbe found in chapter 5.
In addition, COLTABACO was implementing initiatives to address problems
identified at the community level to address poor living conditions and the lack ofentrepreneurship among farmers. These included:


Farmers Entrepreneurship Program “Manejo Empresarial de Tabaco”17:
since 2011 COLTABACO has been working with FEDETABACO and Fundación
Manuel Mejía (FMM) on the development of an education program toincrease the entrepreneurship skills of farmers. In 2015 the company
decided to include ALP Code Principles in this program.

“Sembrando Futuro” Program: Since 2008, COLTABACO and the NGO“Dividendo por Colombia” worked on this program to improve the quality ofeducation in the rural areas where tobacco is grown. The program wasbased on three pillars; to develop an education program focused on ruralneeds, support young mothers with children between six months and five
years old and improve school infrastructure. In total 66 schools were
included in the program.



Solar lamps: COLTABACO distributed solar lamps to farms that did not haveaccess to the electricity grid. In Carmen de Bolivar, 15 farmers (58%) said
they had received solar lamps from COLTABACO. All were very pleased withthis initiative as before they had no artificial light at night. In Capitanejo one
farmer assessed by CU had received a solar lamp. The remaining farmers
were on the electricity grid.



Infrastructure initiatives to solve specific living conditions, for example
projects related to rural housing, water filters and sanitary units (see section
5.5.3 for further details).

CU is aware that finding a farm that had not benefited from any of these initiatives
does not mean that the initiatives were not being implemented. In many cases
COLTABACO was still in the process of reaching out to the farms, and in others,
initiatives were being implemented for the first time.

16

At the time of the assessment COLTABACO was working with governmental agencies on an adultliteracy program.
17
Business management in tobacco production.

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4.2.3 Stakeholder engagement
For these initiatives, COLTABACO worked with stakeholders such as FEDETABACO,
the Ministry of Labor, FMM, and the NGO Dividendo por Colombia. In addition,
COLTABACO collaborated closely with the Colombian government to facilitate thereintegration of former members of the armed forces.
4.3 Support mechanism
Unlike programs targeting the root cause of poverty, support mechanisms areprograms that support both farmers (as employers) and workers that need help toimprove their practices and specific farm situations, particularly providing
information about rights and regulations that apply to them, and mediating
disputes.
4.3.1 COLabora program
The COLabora18 program is a governmental initiative led by the Ministry of Labor
and aimed at providing information on worker/employer legal rights. Farmers or
workers can contact COLabora through a phone hotline or at a local office.
According to COLTABACO, the program itself had no deficiencies but they had
realized that farmers generally prefer to go to a governmental office to be informed
rather than calling a hot line.
This program was promoted through radio advertisements. Field technicians had avideo on their tablets which was used to explain the support mechanism during
farm visits and posters and flyers were distributed among the farmers.
14 farmers (50%) in Capitanejo were aware of the support mechanism and one
farmer (4%) declared to have used it once. All farmers aware of the mechanism inthis region declared that they were verbally informed about the COLabora project
during regular visits by the field technicians. Three farmers (10%) also stated they
had been informed by the video on the field technician’s tablet and the posters
distributed by COLTABACO. None of the workers interviewed in this area was awareof the support mechanism.
In Carmen de Bolivar, 17 farmers (65%) were aware of the support mechanism but
none of them had ever used it. All farmers in this region said they had been
verbally informed about the COLabora project during the field technicians’ regular
visits. Three farmers (13%) also declared they had been informed by posters
distributed by COLTABACO and eight farmers (32%) through the videos.
Three agronomy supervisors and 10/12 field technicians were not convinced about
the utility of COLabora’s support mechanism, and so they were less likely topromote it enthusiastically. Field staff believed farmers would not use it because of
the low employment of hired labor and the limited trust in governmentorganizations following recent conflicts. In order to address this issue and get anunderstanding of the effectiveness of the mechanism, COLTABACO met with the18

http://www.mintrabajo.gov.co/colabora

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coordinator of COLabora to evaluate the possibility of building a public-private
partnership (PPP) between PMI and the Ministry of Labor. This PPP would help
produce periodic reports on the questions and complaints registered in specificareas where the company buys tobacco. COLTABACO was also interested in training
the call center personnel about the tobacco market and the principles in the ALP
Code.

COLABORA flyer

COLTABACO response: “Although COLabora is considered an important tool, in 2017 CT willcomplement it with the implementation of a Support Mechanism Pilot in Capitanejo targeting
approximately 800 farms. It will be operated by a third-party in order to allow farmers and workers to
ask questions, request information and receive communications on farmers’ responsibilities andworkers’ rights defined in the labor law, as well as information related to the ALP Code Principles,particularly Income and Working Hours, Compliance with the Law, Forced Labor, and Child Labor.”

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5. Farm level assessment of ALP Code standards

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar region
AGRICULTURAL LABOR PRACTICES PROGRAM

AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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Chapter 5 summarizes the field assessment of the current status of the ALP
implementation. At the time of the assessment, COLTABACO was in the third yearof implementing Phase 1 and in the first year of the pilot stage of implementing
Phase 2 of the ALP Program, expecting to engage directly with farmers to address
farm practices not meeting the ALP Code standards. As COLTABACO had initiatedthe pilot Phase 2 in 2014, the CU farm assessment should be viewed as a baseline
to support the further implementation of Phase 2.
Before presenting the findings, it is important to clarify the structure of the ALP
Code as this determines CU´s analysis of farmers´ practices. The ALP Code has
seven ALP Code Principles, each with several Measurable Standards. ALP CodePrinciples are short statements designed to guide farmers on specific practices
resulting in safe and fair working conditions.
A Measurable Standard defines a good practice and over time can be objectively
monitored to determine whether and to what extent the labor conditions andpractices on a tobacco farm are in line with each ALP Code Principle. Each chapter
covers one of the seven ALP Code Principles and CU’s findings. Risks, situations that
may lead to problems in the future or about which a conclusion cannot be reached
due to lack of evidence are also discussed.
5.1 ALP Code Principle 1: Child labor
Background
Minimumage
regulations:
Accordingto
Article 29 of the Substantive Labor Code,18 years is the general legal minimum working
age in Colombia. However, and in accordance to
Article 35 of Law 1098/2006 and Article 4 of
Resolution 1677/2008, juveniles between 15 and17 years old may work if they have acquired atechnical accreditation (training), given by the
National Service of Learning (SENA) along withwritten authorization from the Inspector of Laboror, in their absence, the authority delegated by
the Ministry of Labor.

ALP Code Principle 1
Child labor´There shall be no childlabor.´

The Colombian Constitution encompasses the right to education which includes one
year of pre-school and nine years of basic education (elementary school and middle
school). Minors (per Article 117 of Law 1098/2006) under 15 years old and older
than 12, can be exceptionally authorized to work, but only for artistic, cultural,
recreational, and sport-type remunerated activities (with an authorization from theInspector of Labor or the authority delegated by the Ministry of Labor in theirabsence). There is no age limit for Colombian nationals to start attending school.
Under Colombian law tobacco farming is not considered a hazardous activity.

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Child labor: Overall findings and challenges
5.1.1 Children working at the farmCapitanejo

At one farm (4%) a 14 years old child was employed to do stringing and sticking.
At six farms (21%) children below 18 were performing hazardous activities. Besides
the 14 year old child hired for stringing and sticking, the rest of the cases were all
farmers’ children.
At one farm, two brothers (16 and 17 years old) were performing all tasks except
CPA application. At another farm, a 15 year old farmer daughter was performing
seedbed management, cultivation, fertilization, harvesting, bundling and grading.
In one farm, a farmer’s 16 year old niece helped with stringing and sticking
activities. She was not attending school and was breastfeeding. One 16 year olddaughter performed all the tasks on the farm except the application of CPA. Her
father did not agree with the ALP Code and explained that he wanted his daughterto learn all the tobacco farming techniques; an important, local dynamic toconsider. These two girls were the only children not attending school.
At one farm (4%) two children below 13 (9 and 11 years old) were helping withseedbed management and transporting water and food to workers.
Carmen de Bolivar

CU did not find evidence of employment of children below 18 years on the visited
farms.
One farmer (4%) declared that his 15 year old son helped him with harvesting,seedbed management, transplanting and stringing/sticking. At one farm (4%) a
14 year old child was involved in harvesting and stringing/sticking activities. Bothchildren were attending school.

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Activities of children
8
6
5

5

5

5
4

4

4

4

Capitanejo

4

3
2

2
1

2
1

1

1

1

1

1

2

Carmen de Bolivar

2
11

1

1

* Hazardous activities

Initiatives to address Child laborClips distribution: This initiative aims to replace stringing of VFC tobaccowith clips as this is an activity often done by children. In addition, it reduces
the labor required as less time is needed to hang the tobacco leaves in the
curing barn. COLTABACO only grew VFC tobacco in the Capitanejo region
and four farmers (27%) declared they had received clips from COLTABACO.
Two stated they used them for safe working, the other two were concerned
the clips might damage the tobacco leaves. COLTABACO expected a 100%coverage of this initiative by 2019.



COLTABACO volunteering program: COLTABACO´s employees participatedin a volunteer program where they educated farmers´ children about safe
farm practices, GTS and child labor issues. These activities were done inlocal schools participating in the “Sembrando Futuro” program (see 4.2.3).
One farmer (4%) in Carmen de Bolivar declared that one of his children
attended a GTS training at school. Because farming is an inherent part ofthe local culture and economy, this program is an effective method forincreasing the family’s overall engagement with the ALP Program andhelping attract future farmers into socially and economically beneficial
tobacco production.



Stalk cutting: This initiative is for Burley farmers and aims to stop children
harvesting tobacco leaves. It also reduces the harvesting time. It requires
farmers to cut the entire plant in one go. Introduced in the 2014/2015 crop

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season, it was the first year field technicians had taught the technique tofarmers and as it was not harvest season yet, CU could not verify thepotential impact. One farmer (3%) visited by CU declared he was planning
to use stalk cutting for the coming harvest.

5.1.2 Awareness of legal minimum working age
Capitanejo

Regardless of the findings above, the awareness of the legal minimum working age
was high among farmers (88% or 23) and the workers at eight farms (90%).
Carmen de Bolivar

The level of awareness about the legal minimum working age among farmers was
also high in this region (95% or 25 farmers). Worker awareness could not be
verified as no workers were available for interview at the time of the assessment.
Child labor: Risks
5.1.3 Awareness of hazardous workCapitanejo

The majority of the farmers (71% or 20) and the workers at seven farms (70%)
were aware of the meaning of “hazardous activities”.
Carmen de Bolivar

20 farmers (77%) were aware of the meaning of “hazardous activities”. Worker
awareness could not be verified as no workers were interviewed in this region.
5.1.4 Exchange of labor
14 farmers in Capitanejo (50%) and five farmers in Carmen de Bolivar (21%)
participated in some type of exchange of labor arrangement (see 2.4). This practice
can represent a risk as children can be potentially involved in family laborexchanges in which farmers declared that they could sometimes send their children
to other farms to replace them if they are ill or have no time to go. This risk could
be increased when the exchange of labor is done with farmers who have nocommercial contracts with COLTABACO, and therefore these other farmers are notaware of COLTABACO’s standards. In the CU assessment this finding was evidenced
in Capitanejo and then only at one farm (4%).

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5.1.5 Sharecropping
Six farms in Capitanejo (21%) were managed by sharecroppers.19 In thesesituations, the sharecroppers managed a plot of land and hired workers, resulting ina lack of insight by the farmer in the terms and conditions of the labor force hiredby the sharecroppers. Consequently, the farmers were unaware of the presence ofchildren and the activities they performed. As field technicians did not include
sharecroppers in the communication of the ALP Code, they might not be aware of
the legal minimum working age and/or meaning of “hazardous activities”.
5.1.6 Age verification

Capitanejo

16 farmers (70%) did not verify the age of their workers.
Carmen de Bolivar

10 farmers (50%) did not verify the age of their workers.
Child labor: Analysis and Priorities
Although a farmer was found in Capitanejo employing one 14 year old child, theawareness level of the legal minimum working age among farmers and workers was
relatively high. This may be due to COLTABACO´s efforts to improve farmer
awareness on child labor or the efforts to address the difficulties for children to get
the proper working permission from the Ministry of Labor and the SENA’s training(see 4.2.1).
In both regions, most of the farmers and workers interviewed were able todifferentiate between hazardous and non-hazardous activities. However, CU foundchildren below 18 in both regions involved in hazardous activities. So while farmers
were aware, this did not automatically result in them ensuring that child family
members were not involved in hazardous activities.
COLTABACO’s strategy to address this principle is bearing fruit in both regions but
additional efforts are required to raise awareness on the prohibition of family
members below 18 from performing hazardous activities. As only a few farmers
visited by CU had adopted the new harvesting methods aimed at reducing labor ingeneral and eliminating children involved in stringing tobacco leaves, it was too
early to determine whether these initiatives have had any impact at the farms.
COLTABACO response: “CT will continue to strengthen its collaboration with the Colombian
Government and the International Labor Organization to eradicate child labor in those areas where ourfamers live and work.”“CT will continue partnering with local NGOs to implement community programs focused on the accessto and quality of education.”

19

The farmer signed the contract with COLTABACO.

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Control Union Certifications“The alignment between CT's Contributions Programs and the implementation of ALP is essential totackle child labor in tobacco growing. Therefore CT will roll out volunteer programs focused onchildrens’ rights in order to raise awareness of the topic among farmers, workers and their families.”“Through Captain GAP comics and educational materials created by the International Labor
Organization, and in association with the specific Departments’ Secretaries of Education, CT willcontinue to involve employees, particularly FTs, with these activities.”“In 2015, CT developed 4 volunteer activities in 7 rural schools in Sucre, benefiting 200 children throughthe story book created by ILO and Captain GAP comics. During 2016, CT will continue implementing
volunteer activities and by the end of the year, CT expects to have developed 6 volunteer activities in 6
different rural schools for approximatelty 300 children.”“CT will strengthen the communication of ALP’s Child Labor Principle through FT and farmer trainings toraise awareness of the topic, particularly the prohibition of family members below 18 performing
hazardous activities.”“CT will reinforce the communication on the prevention of child labor to farmers and family members
participating in the training conducted by the “Foundation Manuel Mejia”…”“The introduction of wooden clips to replace manual stringing of Flue Cured tobacco leaves has
significantly reduced the labor hours involved. By 2016, CT had invested in 445,000 clips (66% of Flue
Cured farmers) and is expected to reach 827,000 clips by 2019, meeting the needs of 100% of FC
farmers.”
CT plans to replace the stringing of Burley tobacco with stalk cutting which will simplify the production
process, eliminate some time consuming activities and reduce the risk of child labor…”“CT will also pay particular attention to the farms where there is an exchange of labor and/or
sharecropping practices, as these pose an additional challenge in terms of visibility of who is working on
the farm and how old the workers are.”

5.2 ALP Code Principle 2: Income andwork hours
Background
Labor Relation: According to the ColombianLabor Code the following aspects are required
to constitute a labor relation: (i) personal
activity,(ii)
subordinationand(iii) remuneration (Colombian Labor Code, Art.
23). The regulations mentioned below are only
applicable to labor relations.
Minimum salary regulations: According to
Decree 2731/2014, the legal minimum wage is644.350 COP$20 per month, or 25.058 COP$20

ALP Code Principle 2
Income and Work Hours‘Income earned during apay period or growing
season shall always beenough to meet workers’
basic needs and shall be ofa sufficient level to enable
the generation of
discretionary income.
Workers shall not work
excessive or illegal work
hours.’

Colombian Pesos.

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per day, or 3.132 COP$ per hour.21 The Colombian labor law only states thatsalaries or wages must be paid at least monthly. For day laborers, salaries or wages
must be paid at least weekly (Substantive Labor Code, Article 134). Piece work isallowed and so is payment in kind but these forms of payment must be included
within the employment agreement (either verbal or written) and cannot exceed
50% of the total worker's salary, except for employees who earn the legal
minimum salary, in which case it cannot exceed the 30% of the total salary. End of
season payments are not allowed.
Work hours regulations: According to Article 161 from the Colombian Labor Code;

Maximum work hours for children of 15-16 years old: six hours a day and36 hours a month. Maximum until 6pm.
Maximum work hours for children of 17 years old: eight hours a day and40 hours a month. Maximum until 8pm.
Maximum work hours for adults: 48 hours a week. Eight hours a day.

Overtime hour’s regulations: In accordance with Article 22 of the Law 50/1990 for
overtime in daytime work22 between 6am and 10pm there is a 25% surcharge on
the normal hourly wage plus base hourly rate. For overtime on night work between
10pm and 6am, there is a 75% surcharge on the normal hourly wage plus the basehourly rate. In addition, the employer must obtain an authorization from Ministry ofLabor to request overtime from workers, valid for one year.
Benefits regulations: In accordance with the Colombian Labor Code, worker benefits
include pension contributions, health care, transportation assistances if applicable,23
vacations, fixed annual bonus, unemployment bonus, severance payments,
mourning leave, maternity leave and paternity leave. Additionally, labor law andjurisprudence determined that the employer is obliged to authorize remunerated
time off to serve in a public office of forced acceptance, for domestic incidents, toattend a funeral and medical appointments.
Income and work hours: Overall findings and challenges
5.2.1 Minimum salaryCapitanejo

In 11 farms (65%) workers were being paid below the legal minimum wage. In twoof these cases, sharecroppers hired external workers and farmers had no insight of
their payment practices.

21

Colombian law does not specify a minimum hourly rate, but the amount can be calculated based on
the monthly salary: (Monthly salary/30 days = X) + (Paid rest days/X) = Y. Hourly rate = Y/8 hours.
22Work that exceeds eight hours a day.
23
Workers whose salary is less than two minimum wages, unless they live within 1.000 meters of theworkplace, in which case Transportation Assistance is not mandatory for the employer.

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Control Union Certifications

Carmen de Bolivar

In 13 farms (76%), farmers declared that they paid workers below the legal
minimum wage. As there were no workers employed at the time of the assessment,a cross check was not possible.
RegionNumber offarms at which
workers werebeing paid
between13.000-25.058
COP $/day24

Number offarms at which
workers werebeing paid
between
25.058-28.600
COP $/day25

Below
legal
minimumwage

In -kind
payment

Daily
payment

Weeklypayment

1026

627

63%

88%

50%

73%

13

4

76%

82%

50%

27%

Capitanejo
28

Carmen de Bolivar

5.2.2 Payment schedule

Capitanejo

On 15 farms (86%), the payment schedules were in accordance with the local law.
Workers were being paid either daily or on a weekly basis. On two farms (12%) the
farmer said he paid workers at the end of the harvest.
Carmen de Bolivar

All farmers declared that they paid workers on a schedule in accordance to the law.
5.2.3 Regular and overtime hours
No evidence was found of involuntary overtime hours in either region. On those
farms with overtime hours, none of the farmers paid overtime hours in accordancewith the legal overtime rate. Workers only received a fixed amount per day. In
Capitanejo, this was the case on eight farms (14%) where work exceeded 48 hours
a week.
5.2.4 Legal benefits
None of the workers interviewed in either region received the benefits to which they
were entitled by law. Furthermore, none of the farmers or workers in either region
were aware of the legal requirements regarding benefits, holidays and leave towhich workers were entitled.
24

Salaries include payment in-kind; 3 meals per day (up to 30% as per the law).
Salaries include payment in-kind; 3 meals per day (up to 30% as per the law).
26
The values includes two workers hired by Sharecroppers earning 15.600 and 20.800 COP$/day
respectively).
27
The number includes two workers hired by Sharecroppers earning 26.000 and 28.600 COP$/day
respectively).
28
Based on farmers’ declaration.
25

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5.2.5 Awareness of legal minimum wageCapitanejo

19 farmers (86%) and the workers at five farms (31%) were aware of the legal
minimum wage.
Carmen de Bolivar

13 farmers (72%) were aware of the legal minimum wage. Worker awareness could
not be verified as no workers were interviewed in this region.
5.2.6 Awareness of legal work hours


Capitanejo

19 farmers (86%) farmers and the workers at four farms (50%) were aware of thelegal work hours.


Carmen de Bolivar

17 farmers (67%) were aware of the legal work hours. Worker awareness could not
be verified as no workers were interviewed in this region.
Income and work hours: Risks
5.2.7 Record keeping
None of the farmers visited in either region kept records of tasks performed or
payments made to workers.
5.2.8 Pay slips
None of the farmers visited in either region provided pay slips to workers.
5.2.9 Exchange of Labor
The common agricultural practice of exchanging labor normally involved two or
more parties that exchange the same type of work and/or for the same amount oftime. As this practice does not result in a labor relation, it made it difficult to assess
against the ALP Code. In Capitanejo, there was also an exchange of labor amongsharecroppers. Some farmers interviewed who exchanged labor declared they wereoccasionally involved in these arrangements for more than seven consecutive days
and/or more than eight hours a day, in order to comply with the exchange of labor
agreement and finish tasks on time. Nevertheless, CU could not find any evidence
that would indicate an unfair or unequitable relationship between these farmers. It
is recommended that a further assessment is conducted to determine if thesearrangements are fair and equitable.

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5.2.10 Sharecropping
Six farmers (21%) in Capitanejo worked together with sharecroppers. Five of thesefarmers had a commercial relation with the sharecropper(s) as the latter were
responsible for managing their own piece of land. Four of these sharecroppers hired
external workers. In one case, however, several factual elements (personal tasks,
remuneration, and certain elements indicative of subordination29) in the relationshipbetween one farmer and three sharecroppers were suggestive of an employment
relationship. This farmer provided inputs (CPA and seeds) and gave thesharecroppers loans for buying food and hiring external workers during the harvest
season. The farmer would earn half of the income at the end of the season and therest would be split among the three sharecroppers after deducting agrochemicalcosts and loans. The facts at hand and the information obtained did not allow
Control Union to draw a final conclusion on the exact nature of the relationship.
The main risk associated with sharecroppers being employees is that such anarrangement could be considered unfair because as employees, sharecroppers
should be paid a salary, receive this at least monthly, should not have to pay for
any inputs, and have their employment formalize. In this one case, they received apercentage of the revenue without knowing the total amount, did not receive
payment until the end of the harvest, and had to pay for crop inputs.
Having said that, even situations in which sharecroppers were in a commercial
relation with the farmer presented risks. First, the lack of written records meansthat it is more difficult to evidence the activities performed, leading to a risk of nonpayment. Second, sharecroppers generally did not know the total revenue of thetobacco sales causing a lack of transparency in the relation. Third, mostsharecroppers did not own the land they managed which poses a risk to theirinvestment30. Foruth, all sharecroppers paid 50% of the crop inputs without having
a formal contract with the farmer, so if the farmer would decide not to pay for the
tobacco they did not have proof of their right to claim 50% of the revenue.
COLTABACO response: “The existence of several traditional commercial agreements such as
sharecropping and labor exchange - which are not labor relations according to the local regulation –occur in agriculture in Colombia, including some tobacco growing regions, and shall be addressed in
depth. Such agreements are a way to practically address land ownership and tenancy difficulties in rural
areas, one of the biggest challenges that is being dealt with by the Colombian government andinstitutions, given the forced displacement of people that led to widespread land ownership issues.”
Income and work hours: Analysis and Priorities
Communication efforts implemented by COLTABACO to raise awareness of income
and work hour topics such as the legal minimum wage, overtime hours, andbenefits were still in their infancy and need time to mature before achieving the29

The farmer explained he could fire a sharecropper if he was not following his production rules, which
he had done in the past.
30
Farmers executing that commercial production agreements with COLTABACO are protected by a crop
insurance policy which includes coverage for harvest losses due to bad weather, but sharecroppers do
not have this insurance.

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desired result. CU’s findings clearly demonstrated that this ALP Code Principle
required further investigation and attention. Even if most of the farmers were
aware of it, the majority of farmers and sharecroppers were paying below theminimum wage. In addition, workers seemed to be less aware of the legal minimum
wage. Consequently, the COLABORA support mechanism could become a useful
tool, if properly promoted by field technicians and through other communications
tools.
The agreements between farmers and sharecroppers needed special attention as
they faced different challenges. When sharecroppers were in a commercial
agreement, they experienced pressure to produce high yields and worked longhours or hired workers to finish the tasks on time. They were also exposed tofinancial risks, for instance they could face be in debt to the farmer when hiring
workers. If the harvest is lost due external conditions including bad weather, there
is a risk that they do not receive any income. Moreover, in some farms thesharecroppers could be involved in a labor rather than a commercial relation and if
so, all the rules and labor laws apply. Increasing understanding of this relation
between the farmer and sharecropper is crucial to ensure that farmers contracted
by COLTABACO assume their responsibilities for all people working at the farm.
COLTABACO response: “In order to address awareness issues, CT will train 100% of farmers on
country laws through the “+ Campo” project, regular meetings and visits to farmers, in addition to
distributing communication materials on the minimum wage and workers’ rights during 2016, 2017 and2018 crops.”“…CT therefore seeks to pool its efforts with the Ministry of Agriculture, the Ministry of Labor, SENA andthe ILO, within the framework of a Memorandum of Understanding to design and execute programs on
income generation, formalization and improvement of living conditions in rural areas, signed by thoseauthorities in June 2015.”“Regarding the risks identified by CU related to sharecropping and the exchange of labor, CT will map
out the different elements of commercial contracts, labor relations, sharecropping and labor exchange
agreements with the objective of better understanding the different types of relations in thoseagreements. By the end of 2016, CT will develop a template for a basic commercial contract toapproximately 200 farmers who work with sharecroppers on their lands and a support booklet to aid all
farmers in identifying the differences between contracting practices, further enabling them to document
relations in a manner consistent with their nature, highlighting the importance of keeping records oftheir employment agreements with their workers, including the duration of employment of workers,
working hours, wage, and tasks performed.”

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5.3 ALP Code Principle 3: Fair treament
Background
Regulations: The Colombian Labor Code andLaw 1010/2006
protect
employees
fromdiscrimination and/or harassment. The employer
must give an equal and proper treatment to its
employees and must not harass them. Employees
have the right to denounce any type of
discrimination and/or harassment by the employer,
and can file an action in the labor court.
Additionally, Law 1496 of 2011 establishes equalpay between men and women and mechanisms toeradicate all forms of discrimination.

ALP Code Principle 3
Fair treatment‘Farmers shall ensure fairtreatment of workers. There
shall be no harassment,
discrimination, physical ormental punishment, or any
other forms of abuse.’

Fair treatment: Overall findings and challenges
5.3.1 Fair treatment
At the farms visited in both regions, no evidence was found of sexual, verbal or
physical abuse or harassment.
5.3.2 Communication with workers
Farmers are expected to communicate directly with all workers so small problems
can be solved without additional escalation. At those farms at which workers were
contracted directly by the farmer (12 or 43%) CU did not find any evidence ofworkers not being able to communicate with farmers to file potential grievances.
However, workers contracted by sharecroppers (3 or 50%) did not communicate
directly with the farmers as farmers did not want to interfere in the relation
between the sharecroppers and workers.
Fair treatment: Analysis and Priorities
At the farms visited in both regions, no sign of sexual, verbal or physical abuse or
harassment between farmers and workers or sharecroppers was identified.
However, workers hired by sharecroppers did not communicate directly with
farmers and COLTABACO did not have a thorough understanding of the potential
risks involved with these situations.
5.4 ALP Code Principle 4: Forced labor
Background
Regulations: Employers cannot force workers towork against their will. Forced labor, or any
type of slavery or servitude is prohibited underConstitutional Law. According to Law 65 of 1993
and Law 1709/2014 that regulate prison labor,
people deprived of liberty have the right to

ALP Code Principle 4
Forced labor‘All farm labor must be
voluntary. There shall be
no forced labor.’

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work and this is considered as a therapeutic means of rehabilitation.
ALP Code versus Colombian law: Although Law 1709/2014 allows prison labor
under certain circumstances, the ALP Code explicitly prohibits this practice. In thiscase the ALP Code prevails.
Forced labor: Overall findings and challenges
5.4.1 No evidence of workers unable to leave their job
All workers interviewed declared they were free to leave their employment withreasonable notice. In addition, none of the workers declared that they had beenrequired to make any financial deposits or relinquish their original, identity or travel
documents.
5.4.2 Debts with the farmer
At five farms (83%) the farmers provided loans to sharecroppers so that they could
buy food and/or hire workers. In one of these cases, the three sharecroppers werein a relation that had certain elements of subordination that could be considered to
be an employment relation. In the other cases the sharecroppers were in a relation
with the farmer that seemed to be commercial (see 5.2.10). In both instances, thedebts were deducted from the remuneration paid to the sharecroppers at the end of
the season.
Forced labor: Risks
5.4.3 Financial problems among farmers
Four farmers (15%) in Carmen de Bolivar declared that they had occasional
financial problems at the end of the harvest leading to an inability to pay theirworkers at the time agreed at the beginning of the contract.31 These farmers
explained that by the end of the harvest they had run out of savings and had to
wait until they sold the tobacco to pay the workers, delaying payment by amaximum of 15 days. The payment schedule was still within the legal maximum
period of one month, but the agreement with the workers was not respected inthese cases. Rather than showing a disregard to workers, this was a symptom oflimited access to capital.
Forced labor: Analysis and Priorities
All farmers, sharecroppers and workers interviewed stated that the workers were
free to leave their employment at any time, that no financial deposits wererequested and that they did not hire prison or compulsory laborers. However,financial management was a challenge as some farmers reported running out ofcash at the end of season and had to wait until they sold their tobacco to complete
their payments to workers.

31

COLTABACO’s commercial production agreements include the possibility to advance payments to thefarmer so he can pay his workers during the early stages of harvesting.

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Sharecropping agreements between farmers and sharecroppers also presented risks
of forced labor as sharecroppers were often in debt to the farmer to produce
tobacco and pay workers. With the verbal nature of these agreements and the factthat the income of sharecroppers depended on the success of the harvest,
sharecroppers were in a vulnerable situation. As mentioned earlier, it is crucial that
COLTABACO obtains a better understanding of these agreements.
COLTABACO response: “For this reason, CT will continue its efforts to raise the level of awarenessand understanding of the business among farmers through initiatives such as the Manuel Mejia
Foundation Program and their understanding of the characteristics of the different labor relations andagreements between growers and farmers. CT will define a concrete plan for gaining more visibility into
their practices, based on the results of a 2016 survey that will determine the different labor practices
and agreements within the Colombian tobacco sector.”

5.5 ALP Code Principle 5: Safe work environment
Background
Regulations:
Colombiansafe
work
environment regulations are complex. For
ALP Code Principle 5
example, Decree 1607 of 2002 states thathighrisk activities,
andconsequently
Safe work environment
hazardous work, are defined as such underchapters IV and V of this Decree, but tobacco‘Farmers shall provide a safe
farming is not included under this Decree. In
work environment to prevent
addition and according to Decree 1443/2014,
accidents and injury and to
personal protective equipment (PPE) must be
minimize health risks.
provided by the employer. Among the
Accommodation, whererequired PPE are helmets, boots, gloves andprovided, shall be clean, safe
other items to protect the employee.
and meet the basic needs ofMoreover, Article 57, numeral 2 of thethe workers.’
Colombian Labor Code establishes thegeneral obligation for the employer to provide
suitable PPE against occupational accidents
and disease. Regarding first aid kits,
Article 57, numeral 3 of the Colombian Labor Code establishes the generalobligations of the employer to provide immediate first aid in the case of accident or
illness. Other example, Article 127 of Act 9 of 1979 states that every work place
shall have all what is necessary to provide first aid to employees. Regarding correct
CPA disposal, the law establishes that the CPA user has to pierce, triple rinse,
separate and deliver the empty CPA containers according to the local disposal
methods. By law the CPA retailer should implement a collection program and informthe producer about his role in this procedure (e.g. provision of a container in whichto dispose the pierced CPA bottles).

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Safe work environment: Overall findings and challenges
5.5.1 Training and awareness of Green Tobacco Sickness (GTS)

Capitanejo

At 16 farms (73%), farm personnel who handled green tobacco declared they hadreceived training on avoidance of GTS. However, when asked to describe thesymptoms of GTS, 12 farmers (46%) and the workers at three farms (12%) were
unaware and associated the symptoms to weather conditions or food in bad
condition. At one farm (4%), a 16 year old girl who was breastfeeding was sticking
and bundling tobacco.
Carmen de Bolivar

At 17 farms (85%), people who handled green tobacco declared they had received
training on the avoidance of GTS. One farmer (4%) was unaware of the existence
and symptoms of GTS. Worker awareness in this region could not be verified as
there were no workers present during the assessment.
Most people in charge of handling green tobacco in both regions used one or moretypes of protective clothing for handling green tobacco. At one farm in Carmen de
Bolivar (6%), one person declared not using any type of protective clothing
because he thought it uncomfortable (see table below).
Harvest PPE32

Capitanejo

Carmen de Bolivar

Full equipment33

1 (8%)

3 (18%)Long sleeves + long pants + shoes

3 (25%)

8 (47%)Long sleeves + long pants

7 (58%)

5 (29%)

Only gloves

1 (8%)--

1 (6%)

No protective clothing

Initiative to address safe work environment in GTSDistribution of harvesting kit: By 2016, COLTABACO´s target was to include
100% of the contracted farms. Seven farmers (25%) in Capitanejo declared
they had received equipment and two farmers (29%) maintained they did
not use the kit when harvesting because they did not find it comfortable. In
Carmen de Bolivar, 13 farmers (50%) stated that they had received theequipment and one farmer (8%) said he was not using the equipment as hehad lost it.

32

Percentages indicate the type of equipment used over the total population of those using any type ofprotective equipment in the assessed region.
33
Full equipment: gloves, long pants and long sleeves, shoes and raingear.

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5.5.2 CPA handling and trainingCapitanejo

At 21 farms (84%), those responsible for applying CPA were trained. At theremaining 4 farms (16%) the people applying CPAs declared they had neverreceived training in CPA application.


Carmen de Bolivar

At 22 farms (96%) those responsible for applying CPA were trained.
Equipment used34

Carmen de
BolivarCapitanejo

Full equipment35

9 (47%)

11 (55%)Overall + boots + gloves

2 (11%)

3 (15%)

Mask + boots + gloves

1 (5%)-Overall + boots + mask

4 (21%)-Overall+ boots-

1 (5%)

Mask + boots-

1 (5%)

Boots + gloves

2 (11%)

2 (10%)Overall/apron-

1 (5%)

1 (5%)--

1 (5%)

GlovesNo equipment

Initiative to address safe work environment in CPA application


Distribution of CPA application kit: By 2016, COLTABACO´s target was tocover 100% of the contracted farmers. In Capitanejo, 14 farmers (50%)
declared they had received a CPA application kit and two farmers (14%)
said they did not use them because they were uncomfortable. In Carmen de
Bolivar, 22 farmers (85%) stated that they had received the CPA
application kit and only one farmer (5%) maintained that he had not used
the kit when applying CPAs because the suit was uncomfortable.

5.5.3 Clean drinking and washing waterCapitanejo

Washing and drinking water was available at 17 farms (61%).

34*Percentages indicate the type of equipment used over the total number using any type of protective
equipment in the assessed region.
35
Full equipment includes overall or long sleeves and long pants, boots, gloves and mask.

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Carmen de Bolivar

At 12 farms (46%) washing and drinking water was available.

Initiative to address lack of drinking water

Water filter distribution: COLTABACO distributed water filters to farms thathave no access to drinkable water. Eight farmers (31%) in Capitanejo, and
15 farmers in Carmen de Bolivar (58%) had received water filters. Threefarmers (20%) in Carmen de Bolivar said that the sieves in the water filters
clogged because of the high amount of sediment in the water.

5.5.4 Worker accommodation

Capitanejo

At three farms (33%) the worker accommodation verified by CU was consideredadequate according to local standards.


Carmen de Bolivar

One worker accommodation (13%) was considered adequate, the otherseven (87%) lacked toilets or ventilation in the sleeping areas. There was one farmwhere the workers’ sleeping area did not have a proper ventilation system so they
were sleeping in the field which is considered inadequate by local standards.
5.5.5 Re-entry periodCapitanejo

12 farmers (43%) could not guarantee that the re-entry period after CPA
application was respected. Three farmers (11%) used the warning signs provided
by COLTABACO.


Carmen de Bolivar

17 farmers (65%) could not ensure that the re-entry period after CPA application
was respected. Two farmers (8%) were using the warning signs provided by
COLTABACO.

Picture 12: Re-entry sign distributed by COLTABACO

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5.5.6 CPA storage and final disposalCapitanejo

Five farmers (18%) did not have a locked CPA storage and 24 farmers (89%)
declared they did not discard their empty CPA containers correctly.36 Instead of
handing in their empty CPA containers to the field technician, these farmers either
burned or buried them.


Carmen de Bolivar

10 farmers (38%) did not have a locked CPA storage and 18 farmers (69%) did notdiscard their empty CPA containers correctly, either burning or burying them orstoring them in plastic bags at the farm.

Initiative to address safe work environment with CPA storage


COLTABACO distributed CPA lockers to farmers and aimed to cover 100% of
the contracted farms by 2016. The lockers were made of metal and had alock to prevent access by children or people not trained in managing CPA.
In Capitanejo, 20 farmers (71%) said they had received a CPA locker from
COLTABACO. One farmer (5%) was storing other things besides CPA in thelocker (school material, food, bible, etc.). There was also one farmer (5%)
who was using the lock for his house. In Carmen de Bolivar, 16 farmers(62%) had received a CPA locker. There was one farmer (6%) who had lostthe lock and one farmer (6%) who was using the CPA locker to store otherthings than CPA.37

36

Farmers are asked to rinse used CPA containers and discard them into suitable bags distributed by
COLTABACO. This discard and collect activity takes place through different authorized entities
depending on the region, including “CAMPO LIMPIO” (implemented along with the Colombian Industrial
Association “ANDI”); BIOENTORNO and COLECTA.
37
When field technicians are unable to deliver the CPA lockers directly to the farm, farmers need to pickthem up from the COLTABACO buying stations which could be difficult sometimes due to the lack of a
local public transportation service.

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Safe work environment: Risks
5.5.7 General safety measures
In order to ensure a safe and sanitary work environment for both family members
and workers, it is important that farmers are aware of general safety hazards at thefarm and take measures to prevent accidents, injury, and exposure to health risks.
Capitanejoo Five farmers (18%) had a first aid kit at the farm.
o One farmer (4%) had received first aid training.
o 11 farmers (39%) had a means of transport to the nearest medicalcare (motorcycle or horse).
o At 11 farms (39%) equipment and tools were found to be safely
stored.
o None of the farmers visited had their own records of CPA application.



Carmen de Bolivar
o Five farmers (19%) had a first aid kit at the farm.
o Six farmers (23%) had transport to medical care (motorcycle,
bicycle, or a donkey).
o At eight farms (39%) equipment and tools (shovels, machetes, CPA
application and dosage equipment, etc.) were found to be safely
stored.
o None of the farmers visited had their own records of CPA application.
Safe work environment: Analysis and Priorities

COLTABACO prioritized this ALP Code Principle in ALP communications, training withthe farmers and field technicians. These efforts were reflected in the field as the
majority of farmers stored CPA correctly, most people responsible for harvesting
tobacco and applying CPA were trained and were using at least one type ofprotective clothing / PPE. These efforts should be continued to ensure thateveryone takes the required safety measures. Additional efforts are required toensure safe disposal of empty CPA containers.
Farmers still lack awareness on general and specific safety hazards on the farm
such as the symptoms of GTS. Even if they know that GTS exists, they cannot
always link the symptoms to the sickness, for example the breastfeeding woman
handling green tobacco. This finding could be related to the low awareness of GTS
symptoms. Regardless, COLTABACO could continue to focus its training efforts on
the awareness and avoidance of GTS.
Most of the farmers visited in Capitanejo were not controlling the re-entry time totheir land after CPA application. COLTABACO could evaluate how to reinforce theuse of warning signs in its existing communication and training strategy with
farmers.
Farmers and workers in Carmen de Bolivar have more obvious difficulties to accessdrinking and washing water. This is correlated with COLTABACO´s effort in the
distribution of water filters in this region. After this initial stage, COLTABACO could

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assess the effectiveness of its current water filter program and determine the bestproducts and training needed to ensure further adoption of these technologies.
COLTABACO response: “CT will continue working on the communication of the principle, inparticular concerning (i) the importance of safe disposal of empty CPA containers; (ii) prevention andmitigation of specific safety hazards like GTS and its symptoms, considering that most farmers areunable to identify the symptoms; and (iii) the responsibility to display warning signs and control the reentry time in the field after CPA application, which has not been correctly regulated.
CT will provide communication materials and roll out training sessions for FTs, farmers, and workers to
improve their level of understanding and awareness of the health risks when handling fertilizers without
PPE or re-entering a field that was recently sprayed.
By the end of 2016, CT will have supplied CPA storage lockers and PPE kits (GTS and CPA) to 100% of
farmers. Likewise, CT estimates that by the end of 2018, all farmers will have received dosage
application kits. CT will adapt the communication materials to target illiterate farmers and confirm
whether these have been distributed accordingly.”“…some volunteer activities will focus on communicating the symptoms and effects of GTS, so farmers
and their children can learn about it along with other key messages that promote safe working
conditions.”“…CT will continue distributing water filters, focusing on areas where the situation is urgent andcritical.”“With regards workers’ accommodation on farms, CT will conduct a communication campaign to allcontracted farmers, informing them about the need to provide adequate accommodation to theworkers living on their farms, in line with local standards.”

5.6 ALP Code Principle 6: Freedom of association
Background
Regulations: In Colombia, the freedom to joinunions is a fundamental right explicitly
incorporated in the Colombian Constitution.
Consequently this right is protected by concreteand extraordinary constitutional remedies.
Workers have the right to form unions or
associations without intervention by third
parties. This right is developed in detail in the
Labor Code.
Freedom of association:
findings and challenges

ALP Code Principle 6
Freedom of association‘Farmers shall recognize
and respect workers’ rights
to freedom of associationand to bargain collectively.’

Overall

5.6.1 Workers´ right to freedom of association
No evidence was found at the farms visited of farmers disrespecting workers´ rightto freedom of association or to join/form labor unions. None of the farmers and55

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workers interviewed was aware of active labor unions in the region nor were there
any worker representatives at the farms visited.
Freedom of association: Risks
5.6.2 Awareness of freedom of association
51 farmers (85%) in the two regions were aware of the workers right to freedom of
association. At five farms in Capitanejo (71%) workers were unaware of the right tofreedom of association.
Freedom of association: Analysis and Priorities
While awareness of workers’ right to freedom of association among farmers washigh, the majority of workers were unaware. Even if there are no active labor
unions in the two regions, workers should be aware of their right to organize
themselves so they may discuss and review working conditions or leverage on theexisting network of farmer meetings organized by COLTABACO to discuss their own
agenda of community development. This demonstrates that additional
communication on this topic is required.
COLTABACO response: “CT will ensure that workers participate in ALP trainings and will develop
communication materials regarding farmers’ and workers’ rights, in alignment with the Colombian Law,in order to inform farmers and workers on their rights and duties, including those related to freedom of
association.”

5.7 ALP Code Principle 7: Compliance with the law
Background
Regulations: As per the Colombian Labor Code,a written contract between an employer andemployee is not mandatory.
Compliance with the law: Overallfindings and challenges
5.7.1 Information on legal rights

ALP Code Principle 7
Compliance with the law‘Farmers shall comply withall laws of their country
relating to employment.’

Despite COLTABACO’s efforts to notify farmers
about the local labor law, none of the workers
interviewed were fully informed by the farmers about all their legal rights andemployment conditions. However, farmers do inform workers about their salary andtasks to be performed, but not the more complex labor rules, i.e. vacation days andsocial security contributions.
5.7.2 Employment contracts
As a written employment contract is not mandatory by law, the farmers andworkers assessed declared that they arranged their contracts verbally. This may

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have been influenced by the high level of illiteracy. (See 3.3.2 a reference to thenotebook to record daily labor activities).
Compliance with the law: Analysis and Priorities
The fact that none of the farmers that CU visited properly informed their workers of
their legal rights and employment conditions demonstrates the need for additional
support from COLTABACO to the farmers. COLTABACO’s initiative to provide fieldtechnicians with a pocket Labor Law guide is a good way to increase their level ofunderstanding but apparently this has not yet resulted in the provision of
information on legal rights to workers.
COLTABACO response: “CT will update and periodically review the Pocket Labor Law Guide, as CU
acknowledged that this is a good way to increase the level of understanding among field technicians. CT
expects FTs to continue informing farmers about their responsibilities as employers and to emphasize
the importance of having farmers communicating with workers about their rights, employment
conditions, and benefits they are entitled to.”57

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6. Concluding remarks

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar Region
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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Since the initial implementation of the ALP Program in 2011, positive progress has
been made in Colombia. All required personnel were trained and employees fromdifferent levels of the organization are engaged with the program; farmers received
frequent messages on ALP; and steps were taken to better understand issues on
the farms. Given the complexity of the tobacco market in Colombia, COLTABACO
decided to move slowly into Phase 2 by first running a pilot for monitoring andidentifying widespread issues.
COLTABACO implemented several strategies to obtain as much information as
possible from its network of farmers. First, the Farm Profiles were completed andanalyzed to identify the main issues and to investigate root causes. Second,
external stakeholders were engaged to obtain information on rural living conditions
and community issues such as the high levels of illiteracy among farmers andworkers. Finally, CU´s external assessment was considered an important tool tobetter evaluate the local market, producers and workforce.
However, five challenges still remain. First, the different types of working
arrangement (e.g. sharecropping and exchange of labor) require specificapproaches and monitoring to identify risks and the best ways to address potential
issues. COLTABACO needs to further investigate these arrangements to verify
whether they are fair to all those involved. Second, the understanding among fieldtechnicians is still insufficient on fundamental legal aspects resulting in limited
support to farmers. Third, while farmer awareness of the ALP Code is high, several
ALP Code Principles are practically unknown. Fourth, farmers and workers have notyet started using the support mechanism. Finally, the most challenging situation
not meeting the standard is the payment of salaries, possibly due to the lowawareness of the legal minimum wage among workers.
COLTABACO’s response and action plan demonstrate that the findings presented inthis report are taken seriously and action has been and will be undertaken toaddress the issues identified. It also shows that COLTABACO is aware of the context
in which the farmers are operating and the challenges to overcome to implement
the ALP Code. Among other areas, action has been taken to improve the skills offield technicians, the communication to farmers, and to address child labor. Futureassessments will have to verify whether these actions had the desired impact.

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Appendices

THIRD PARTY ASSESSMENT
COLTABACO
Capitanejo and Carmen de Bolivar Region
AGRICULTURAL LABOR PRACTICES PROGRAM

DRAFT

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Appendix 1. COLTABACO response and ALP Program action plan

Coltabaco S.A.S. (CT) thanks Control Union (CU) for their objective approach andunderstanding of the complex reality of the Colombian rural areas when assessing
the implementation of the Agricultural Labor Practices Program (ALP) in Capitanejo
and Carmen de Bolívar regions. The final report presented by CU, with the valuable
support of Verité, will be an important tool for addressing the challenges aheadof us.
Since its adoption in 2011, the ALP program has been a priority for CT, with thecommitment of Local Management, designated members of the Country Team, andthe decisive work of the Field Technicians (FTs) in the implementation of ALP
related initiatives on contracted farms.
In general, CT considers that the risks and findings included in the report arealigned with the challenges previously identified by CT, its stakeholders and theauthorities in charge of sustainable development for the agricultural sector in
Colombia.
According to the latest census coordinated by the National Statistics Agency- DANE
in 201438, 45.6% of the rural population lives in multi-dimensional poverty, 56.8%
do not have access to potable water, 94% do not have access to sewage systems,
and many face serious challenges in the areas of health, education and access topublic services.
Rural income is a major concern in Colombia. In 2013, the monthly income percapita in rural areas was barely 34% (COP $215.597) of the minimum monthly
wage applicable for that year (COP $616.000), according to the National Planning
Department DNP39.
Furthermore, according to a study conducted by the Labor Market and Security
Observatory of Externado University of Colombia40, the informal labor index in
Colombia for 2014 was 60.1% and, the Ministry of Labor estimated that informal
labor in rural areas accounted for around 3.3 million workers, or 82% of the rurallabor market.
In this context, it is important to recognize that while the application of labor laws
and regulations is aligned with the spirit of the ALP Code Principles, enforcement
remains a challenge in those rural areas of Colombia where informal labor isprevalent.
This is particularly important when comparing aspects such as remuneration andlegal benefits with the parameters established in the legislation. Low institutional
38

DEPARTAMENTO NACIONAL DE ESTADÍSTICA - DANE. Censo Nacional Agropecuario, 2014
DEPARTAMENTO NACIONAL DE PLANEACIÓN – DNP. Diagnóstico de la pobreza rural, Colombia 2010-2014
August 2015
40
EXTERNADO DE COLOMBIA UNIVERSITY. “El Trabajo Decente en Colombia” in “Boletín del Observatorio delMercado de Trabajo y de la Seguridad Social No. 15”
39

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presence, poverty and a lack of education impose customary constraints in rural
areas that may explain aspects such as the absence of written agreements,
whether work or commercially related, and the low engagement with governmental
services, including available grievance mechanisms.
CT will continue its efforts to gain more knowledge of the nature of therelationships on farms, to better understand the divide between informal working
relations from others that are of a more commercial nature and that bind farmers
and sharecroppers, which is fundamental to help reduce risks and address issues.
The existence of several traditional commercial agreements such as sharecropping
and labor exchange - which are not labor relations according to the local regulation– occur in agriculture in Colombia, including some tobacco growing regions, andshall be addressed in depth. Such agreements are a way to practically address landownership and tenancy difficulties in rural areas, one of the biggest challenges thatis being dealt with by the Colombian government and institutions, given the forced
displacement of people that led to widespread land ownership issues.
In this context, it is important to understand that Colombia is facing a significant
juncture in its history due to the finalization of the peace process with FARC
guerrillas after more than 50 years of internal conflict. Rural development and landownership were key topics during the negotiations and it is expected that the ruralsector will face an important reorganization as a consequence of theimplementation of the agreements.
Regardless of the complexity of the problems faced, CT has concentrated on
demonstrating that its tobacco growing model is a viable and sustainable
alternative for farmers, especially in the Coastal Region (Carmen de Bolívar) andSantander Region (Capitanejo), which were severely affected by the conflict. CT
remains focused on improving the working and living conditions of tobacco growers
and workers, their families and the communities they belong to, not only forbusiness continuity but as a contribution to the peace process.
CT is committed to addressing the difficulties identified by CU through theimplementation of the concrete actions described in this document, leveraging on
the strengths of the direct relationship established with farmers through its
Integrated Production System (IPS). CT will continue to focus its efforts oncommunicating ALP to FTs and farmers, delivering trainings, and making thenecessary investments and efforts to improve clarity in the relations between
farmers and sharecroppers, and other commercial stakeholders present in tobacco
growing regions.

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I. PEOPLE AND TOOLS TO MANAGE THE ALP PROGRAM

1. People
CT leverages on its FTs to implement most of the ALP program related activities as
they are the direct link with growers and workers in the tobacco growing areas. The
group of 28 FTs with knowledge in tobacco growing and agricultural extension
provide support to farmers. They visit them on average six times during each of
the main stages of the crop, monitoring all field activities and being alert to identify
issues, mitigate risks, and address situations needing immediate intervention(prompt actions). The toolkit used by FTs to implement the ALP Program includes
the ALP Code, up to date training materials, and videos on health and safety, which
they use to reinforce the importance of these topics to the farmers.
CT repeatedly trains its FTs in Good Agricultural Practices (GAP) looking forcontinuous improvement. A good example was the “train the trainers” methodology
for pesticide management, which focused on health and safety when handling
pesticides. This training was carried out at the Agronomic Research Center in
Villanueva with the support of an external partner, CABI (International Center for
Agricultural Bioscience).
CT has also recognized the importance of increasing field technicians’
communication skills for the implementation of the ALP Code using pragmatic
methodologies to deliver appropriate messages to support the execution of actionplans. Although CU acknowledges the high level of engagement from CT’s staff
involved with the ALP program, particularly FT’s “unique and personalcommitment”, CT will continue reinforcing rural extension methods aimed atstrengthening the competences of its field force, in order to better approach
tobacco growers and promote cultural, technological and managerial changes and along-term partnership. We expect this to result in better possibilities for farmers
and their families, and safe and fair working conditions to everyone working on
their farms.

2. Integrated Production System (IPS)
The introduction of IPS helps transfer technology and efficiencies, build capability
and implement all elements of the ALP Program. We believe IPS has an impact on
improving the quality and productivity of farmers’ crops, their respect for theenvironment, and achieving safe and fair labor conditions.
The main features of IPS can be summarized as follows:

Direct contract with farmers ensuring the purchase of 100% of the tobacco
produced at guaranteed prices.

Free technical assistance to 100% of contracted farmers, with anappropriate farmer/FT ratio that ensures the effective implementation of
GAP, including ALP.

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Training in GAP to 100% of farmers.



100% financing of crop inputs and cash advances.



Cost of production: once a year CT uses a standard PMI template todetermine the costs associated with tobacco production in order to calculate
farmer profitability.



Implementation of sustainable tobacco production projects that are focusedon higher productivity, optimized cost of production, reduction of labor andimprovement in tobacco quality, among others.

3. “+Campo” ProjectCT will also address CU’s findings through the “+Campo” training program, createdto support farmers with guidance and information on GAP and ALP topics. Originallyimplemented by Philip Morris Brazil (PMB), CT leveraged on the experience of PMI’s
affiliate in Brazil and adapted “+Campo” to the local context and the needs of its
contracted farmers and rural workers. Launched in March 2016, two vehicles
equipped with media and practical training capabilities are used to reach farmers
and deliver training and guidance on the three pillars of Good Agricultural Practices(GAP: (Crop, Environment and People), of which the people pillar refers to theAgricultural Labor Practices (ALP) program. The training modules include thefollowing topics:Crop: CPA: Use of improved spraying technology.
 IPM: Introduction to Integrated Pest Management (IPM), reinforcing the useof recommended CPA’s.
 Other training topics: Sustainable Tobacco Production (STP) best practices.
Environment: Safe CPA Disposal: Promote the collection of empty CPA containers.
 Other training topics: use of sustainable fuel for curing and sustainable woodfor curing infrastructure.
People: Safe Work Environment: Promote the proper use of Personal Protection
Equipment (PPE) to prevent exposure to CPA and GTS, and training forsafety on farm.
 Child Labor: Promote programs to tackle child labor and other labor abuses.
 Training on the ALP Code principles.
The first step in the “+Campo” program was the training of CT’s FTs, who areresponsible for scheduling training courses with tobacco farmers. Since the program
was launched, 60% of farmers in Capitanejo and 100% of those in Huila haveparticipated in the training. In 2016 and 2017, all farmers will be trained through“+Campo” training courses.
After each “+Campo” training session, participants are tested. CT is pleased withthe feedback received from farmers and rural workers after the initial training
sessions, which show significant levels of engagement and satisfaction for the
topics covered and the information delivered by “+Campo”.

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II. PHASE 1 OF THE ALP PROGRAM

1. ALP Code Communication
CU’s assessment noted that farmers’ levels of awareness of the ALP Code was very
high (98% in Capitanejo and 92% in Carmen de Bolivar), and that almost all ofthese farmers considered it important. These results suggest progress with ourefforts to communicate the ALP Code Principles, particularly on Child Labor and
Safe Work Environment.
Although pleased with the progress made so far, CT acknowledges that more workneeds to be done, as identified by CU, including the proper understanding andperception of the following principles: Child Labor, Safe Work Environment andCompliance with the Law. To address this, CT will adopt the following actions:
Update and distribute communication materials on all seven principles toensure a proper understanding, with the objective to cover 100% of farmers by
2018. CT has invested substantial resources since 2013 in communicationmaterials. Delivery of training materials to farmers is recorded to confirm receipt.
Since the Phase 1 implementation, CT trains 100% of farmers each year during
sessions and meetings where the ALP Code is discussed. Registration allows CT toconfirm attendance at each session. During 2016, CT continued training tobacco
farmers in the seven principles of the ALP Code. Based on the risk assessments CT
conducted in 2015 and 2016, and considering the CU findings, farmers’ training will
be focused on the following three principles: Child labor, Safe Work Environment,
and Income and Work Hours.
Train tobacco farmers through the Manuel Mejía Foundation, a local NGO
partner which implements a distance learning program in business management for
tobacco growing which includes specific content relating to Good Agricultural
Practices and the ALP Program. CT will continue to support this program, which is
expected to benefit approximately 40% of contracted farmers by 2018. The
program will allow farmers to diagnose their farms, improve their management
skills and execute an action plan to increase profitability and businesssustainability.
Train Field Technicians on communication skills to strengthen their capability
to communicate ALP principles more effectively and promote cultural, technologicaland managerial changes.
Continue engaging with Fedetabaco (National Tobacco Growers Association)and Ministry of Agriculture representatives to communicate the ALP Code andprinciples, through their participation in periodic Tobacco Chain meetings. This will
cover the development of the Colombian tobacco sector and projects that have thepotential to improve the sustainability of crops and productivity, while enhancing
working conditions and the livelihoods of tobacco farmers, farmworkers, theirfamilies, and tobacco growing communities.
•
Organize an annual workshop to further communicate and update FTs on
their understanding of the ALP Code.

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Annual update of the Legal guidelines and training of FTs on "Compliancewith the Law" standards.
•
Reinforce the discussion of practical cases presented by FTs and supervisors
regarding prompt actions, farm profiles and farm-by-farm monitoring, during themonthly meetings with the agronomy team in each tobacco growing area, in orderto realign the strategies and set objectives, measure the progress of the ALP
program and discuss the process of recording, addressing, and following-up on
prompt actions, including the effectivenss of the improvement plans agreed with
farmers. In 2016, 100% of farmers will be monitored for the Child Labor, Safe Work
Environment, and Income and Work Hours Principles. All field technicians willconduct at least six field visits to each farmer in different stages of the crop season.
Implementing such initiatives will help CT to fill the information gaps identified inCU’s report, will identify new challenges and build innovative ways to communicate
the ALP principles through the feedback obtained from FTs and farmers.

2. Farm Profiles
Collecting socio-economic data and compiling a farm profile for contracted farms iscritical for assessing and defining priorities and to implement appropriate actions
related to the implementation of the ALP program. As acknowledged by CU, CT has
been analyzing the information on an annual basis to design and implement
initiatives to address widespread and/or systemic issues. It is important to notethat the success of such analyses depends on the accuracy, completeness andcontinuous updating of the farm profiles.
CT welcomes the observations of CU underlining the importance of reviewing thefarm profiling process to improve the accuracy and completeness of the information
obtained. In order to meet this objective, CT will implement the following actions:

Align the farm profile template used by FTs with PMI’s global template andinclude the missing information: ALP communications, trainings to farmers
and tasks performed at the farm. CT updated the farm profiles immediately
after the CU Assessment.
In 2016, Coltabaco will update 100% of farm profiles in all tobacco
growing areas.
Deliver periodic trainings for its FTs, emphasizing the importance of theaccuracy of farm profiles and will coordinate annual information updates. In
addition, CT is developing a data collection system which will be fully
operational for the 2017 crop season, allowing FTs to collect data
electronically from 100% of its contracted farms, including sharecroppers.
This will speed up information collection and processing. During 2016, FTs
will continue collecting the information manually.

3. Prompt Actions
As defined by Philip Morris International, prompt actions are situations in which
workers’ well-being might be at risk and where a worker is not free to leave their66

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job or a vulnerable group is in danger. Prompt actions require immediate attention
in order to stop the occurence, and close follow-up by the FTs, according to apredefined procedure.
For the period of 2014 and 2015, 311 prompt action cases were reported, allrelated to the “Child Labor” (53 cases) and “Safe Working Environment” (258cases) principles. Although all FTs understood that a prompt action needs to be
stopped immediately, CU identified some aspects that could be improved by CT,
related to the proper understanding of prompt action definitions by FTs andfarmers, as well the monitoring, follow-up and resolution of reported prompt
actions. Once a promt action is reported, the FT will notify the farmer about thefinding and agree on an improvement plan for resolving the issue identified. All FTs
will conduct a second visit to the farmer to verify whether the farmer has followed
the agreed improvement plan and that the situation has been resolved and closed.
CT will address these gaps through the training of field technicians with theobjective of improving their understanding of prompt actions, emphasizing thereporting and monitoring procedures. CT will also improve the existing Prompt
Action Manual used by FTs to include a more detailed list of hazardous activities
that might trigger a prompt action situation. The detailed list of hazardous activities
will also be communicated to farmers through the “+ Campo” mobile unit.

III. PHASE 2 OF THE ALP PROGRAM

1. Monitoring of Labor Practices Farm by Farm
After the full implementation of Phase I, CT progressively implemented the second
phase of the ALP Program. In 2014, an initial pilot was carried out to collect farmdata using an electronic tool. A second pilot was adopted in 2015, including all ALP
principles and with technological enhancements to the previous version of theelectronic tool. During 2016, FTs will continue collecting the information manually,
while the electronic data collection system is further developed. CT expects to havethe new system ready for the 2017 crop season. In order to improve the quality
and accuracy of farm-by-farm monitoring data in 2016, Coltabaco will focus its
monitoring on three principles: Child Labor, Safe Work Environment, and Income
and Work Hours. These principles had been identified as priorities in previous risk
assessments conducted by CT (2015 and 2016). Field Tehcnicians are expected tomonitor these principles at 100% of the farms in all tobacco growing areas.
At the end on each crop season, CT’s ALP Country Team will analyse the internalmonitoring data, the prompt action issues and situations not meeting the ALP Codestandards, to define the monitoring strategy for the following crop season. CT’s
objective is to progressively expand the principles to be systematically monitored.

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2. Support mechanism
In an initial phase, CT identified COLabora, a grievance mechanism promoted by
the Ministry of Labor, as a potential support mechanism that could help inform
farmers and workers about labor and social protection regulations, rights andduties. CT will continue leveraging on COLabora for the 2016 crop season. CT
expects to train 100% of farmers and 90% of workers by 2017 on the existence of
COLabora and their labor rights and obligations.
Although COLabora is considered an important tool, in 2017 CT will complement itwith the implementation of a Support Mechanism Pilot in Capitanejo targeting
approximately 800 farms. It will be operated by a third-party in order to allow
farmers and workers to ask questions, request information and receive
communications on farmers’ responsibilities and workers’ rights defined in the labor
law, as well as information related to the ALP Code Principles, particularly Income
and Working Hours, Compliance with the Law, Forced Labor, and Child Labor.

IV. FARM LEVEL ASSESSMENT OF ALP CODE STANDARDS

1. ALP Code Principle 1: Child Labor
Although tackling child labor has been one of the priorities defined by CT as part ofits ALP Implementation Plan, CT acknowledges that the involvement of farmers’
children in activities deemed hazardous, such as stringing and sticking, remains achallenge. Despite the encouraging high level of farmers’ awareness of the legal
minimum working age, and workers’ ability to differentiate between hazardous andnon-hazardous activities, CU’s auditors did identify one 14 year old child employed
and further children below 18 involved in hazardous activities.
While CU acknowledges that progress had been made with our communication
efforts on the prevention of hazardous child labor, we are mindful that a lot of work
is still required to change behavior on farms, particularly in tackling the culturalacceptance of child labor in the context of the family farm and rural communities.
According to the Ministry of Labor, more than one million children work in Colombia
to sustain themselves and their families41. Colombian law allows minors between 15
and 17 to work, provided that they hold an official certificate of technical training
along with written authorization from the Ministry of Labor or its delegates.
However, it is hard for youths to obtain the authorization as most live in poor
households and struggle to comply with the authorities’ requirements. CT willcontinue engaging with the local authorities to clarify the authorization process, andcommunicate it to farmers to help them understand and follow these requirements.
CT will continue to strengthen its collaboration with the Colombian Government andthe International Labor Organization to eradicate child labor in those areas where
our famers live and work. In 2015, CT joined the Colombian Network against Child41

http://sostenibilidad.semana.com/impacto/articulo/trabajo-infantil-colombia-1039000-ninos-trabajan-ilegalmente-pais/33183

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Labor, led by the Ministry of Labor, the UN Global Compact (UNGC), and supported
by ILO, which seeks to be a regional benchmark for public-private partnerships on
child labor prevention, eradication policies and the design of strategies to preventand progressively eradicate child labor in their supply chains and the area ofinfluence of their operations.
CT will continue partnering with local NGOs to implement community programs
focused on the access to and quality of education. Many studies have demonstrated
that the quality of basic primary education is a motivational factor to continue withsecondary education, reducing the risks of school dropout and child labor. As in theprevious eight years, CT will maintain its commitment to the “Sembrando Futuro”(“Sewing Future”) Contributions Program, aimed at improving the quality ofeducation in rural schools in tobacco growing areas, benefitting children from
6 months to 12 years of age, their teachers and community mothers. In 2016,“Sembrando Futuro” will directly benefit approximately 1,650 toddlers,
1,860 children, 80 teachers, 58 rural schools and 114 community houses.
The alignment between CT's Contributions Programs and the implementation of ALP
is essential to tackle child labor in tobacco growing. Therefore CT will roll out
volunteer programs focused on childrens’ rights in order to raise awareness of the
topic among farmers, workers and their families. CT will promote 6 volunteer
activities per year between 2016 and 2018, targeting children attending ruralschools located in Capitanejo and Coastal Regions, involving field technicians andchildrens’ parents during the activities.
These initiatives will concentrate on the value of education and the possibilities thatit may open up for them, considering some of these children live in areas where up
to 30% of adults are illiterate and the fact that paradigms may be different
depending on a persons’ education level and life experiences.
Through Captain GAP comics and educational materials created by the International
Labor Organization, and in association with the specific Departments’ Secretaries of
Education, CT will continue to involve employees, particularly FTs, with these
activities. CT will focus on those children attending under-resourced rural schools in
tobacco growing areas, to understand and identify a child labor case and influence
how growers perceive this issue.
In 2014, CT delivered to 10 rural shools 400 sets of ILO’s storybook with color
pencils and short notebooks made by CT’s employees. In 2015, CT developed 4
volunteer activities in 7 rural schools in Sucre, benefiting 200 children through thestory book created by ILO and Captain GAP comics. During 2016, CT will continue
implementing volunteer activities and by the end of the year, CT expects to havedeveloped 6 volunteer activities in 6 different rural schools for approximatelty 300
children.
Furthermore, CT will strengthen the communication of ALP’s Child Labor Principle
through FT and farmer trainings to raise awareness of the topic, particularly theprohibition of family members below 18 performing hazardous activities. Also, extra
communication materials will be distributed to FTs to support them when explaining
what child labor is and why children should not be involved in hazardous labor69

PMI Third Party Assessment(e.g. calendars with self-explanatory cartoons,
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newsletters,

videos,practical

In addition, CT will reinforce the communication on the prevention of child labor tofarmers and family members participating in the training conducted by the“Foundation Manuel Mejia”, created to improve labor skills related to agricultural
enterprise and to train farmers in the diagnosis, objectives, cost structure andprofitability of their crops.
CT’s Leaf department has also prioritized field investments to reduce the risk ofchild labor at the farm. The introduction of wooden clips to replace manual stringing
of Flue Cured tobacco leaves has significantly reduced the labor hours involved. By
2016, CT had invested in 445,000 clips (66% of Flue Cured farmers) and is
expected to reach 827,000 clips by 2019, meeting the needs of 100% of FC
farmers.
CT plans to replace the stringing of Burley tobacco with stalk cutting which will
simplify the production process, eliminate some time consuming activities andreduce the risk of child labor, as this is typically performed by adults. By 2019, asizable investment in stalk cutting will substantially reduce stringing practices.
CT will continue to support the initiatives focused on Child Labor in order tomitigate the risks of having children involved with hazardous work andprogressively eliminate this practice at contracted farms. CT will also pay particularattention to the farms where there is an exchange of labor and/or sharecropping
practices, as these pose an additional challenge in terms of visibility of who is
working on the farm and how old the workers are. During the training sessions with
farmers, CT will stress the importance of verifying workers’ ages.

2. ALP Code Principle 2: Income and Work Hours
CT acknowledges the problematic practices identified by CU regarding payments toworkers below the minimum wage, legal benefits, and payment periodicity, as wellas the agreements between farmers and sharecroppers, to which CT will pay
particular attention due to the limited visibility for these relationships.
In order to address awareness issues, CT will train 100% of farmers on country
laws through the “+ Campo” project, regular meetings and visits to farmers, inaddition to distributing communication materials on the minimum wage andworkers’ rights during 2016, 2017 and 2018 crops. CT will engage with theSecretary of the Tobacco Chain (Ministry of Agriculture) and Fedetabaco (thetobacco growers association) with the objective of developing and implementing
joint initiatives for these problems.
Nonetheless, it is important to bear in mind that informal labor and rural incomes
are widespread issues in agriculture and call for the involvement and commitmentof the agricultural sector as a whole along with the government authorities incharge of labor and agriculture policies. CT therefore seeks to pool its efforts with
the Ministry of Agriculture, the Ministry of Labor, SENA and the ILO, within theframework of a Memorandum of Understanding to design and execute programs on

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income generation, formalization and improvement of living conditions in rural
areas, signed by those authorities in June 2015.
These authorities and institutions also identified that labor regulations are a criticalchallenge as they are conceived for employment in urban areas and so often are
not relevant to conditions in rural areas. Given that this is a general concern among
the different representatives and stakeholders in the rural sector, CT will work with
the Colombian Agriculture Society (SAC) and several representatives of otheragricultural entities, to evaluate the current regulatory framework and further
explore potential alternatives to strengthen and adapt it to the local reality. A full
assessment is being prepared and is expected to be implemented by the end of
2016.
Regarding the risks identified by CU related to sharecropping and the exchange oflabor, CT will map out the different elements of commercial contracts, labor
relations, sharecropping and labor exchange agreements with the objective ofbetter understanding the different types of relations in those agreements. By theend of 2016, CT will develop a template for a basic commercial contract toapproximately 200 farmers who work with sharecroppers on their lands and a
support booklet to aid all farmers in identifying the differences between contracting
practices, further enabling them to document relations in a manner consistent with
their nature, highlighting the importance of keeping records of their employment
agreements with their workers, including the duration of employment of workers,
working hours, wage, and tasks performed.
CT recognizes that relationships between sharecroppers and land owners withwhom Coltabaco has signed contracts need special attention to ensure all aspects
are well understood. To that end, CT will undertake regular monitoring of all farms
relying on sharecroppers and will implement targeted communication activities toensure sharecroppers receive accurate information about the contracting terms andconditions offered by CT.
In addition, CT will work with all parties to promote and ensure these are all fairand safe working arrangements. Where CT identifies a common interest of landowners and sharecroppers to change their current arrangements, CT will consider,
if feasible, direct contracting with sharecroppers to further build their capacity andoverall farm profitability.

3. ALP Code Principle 3: Fair Treatment
Although CU did not find any situations of sexual, verbal, physical abuse or
harassment among tobacco growers and workers, CT will continue its efforts tomonitor and respond to any infraction of this essential principle. CT was pleased tolearn that workers were able to communicate their potential grievances to farmers
or sharecroppers, which suggests an open and positive relationship between them.
However, CT recognizes the importance of bringing more clarity to thesharecroppers’ relations with their workers and other commercial associates. To
that end, CT will map out the different relationships among tobacco growers, either

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labor relations or different commercial agreements such as sharecropping andexchange of labor (see section 4. Forced Labor)

4. ALP Code Principle 4: Forced Labor
Although CU found no evidence of workers not being able to leave theiremployment, which is aligned with CT’s experience, CT acknowledges the risks
highlighted by CU regarding potential forced labor situations as sharecroppers areoften in debt with the landowner to produce tobacco and pay workers. The risks
related to sharecropping also include delayed payments, as well as payments at theend of harvest or non-payment due to the lack of written records for the activities
performed. CT believes that these are exacerbated by the harsh economic
conditions in the rural areas and the low level of education among growers. These
challenges put workers and sharecroppers in a vulnerable situation.
For this reason, CT will continue its efforts to raise the level of awareness andunderstanding of the business among farmers through initiatives such as theManuel Mejia Foundation Program and their understanding of the characteristics ofthe different labor relations and agreements between growers and farmers. CT willdefine a concrete plan for gaining more visibility into their practices, based on the
results of a 2016 survey that will determine the different labor practices andagreements within the Colombian tobacco sector.

5. ALP Code Principle 5: Safe Work Environment
Supporting contracted farmers to improve the working and living conditions on
farms for workers and family members has been a priority for CT. We areencouraged by the progress made so far on this topic, however, we believe that
more work needs to be done, namely in addressing the areas identified by CU inneed for improvement, such as the limited awareness on general and specific safety
hazards on the farm, controlling the re-entry period after CPA application, andlimited access to drinking and washing water in some farms.
Although the Colombian Ministry of Labor recognizes that agriculture in general isone of the most hazardous occupations in the country, the levels of economic
development among tobacco growing communities have improved over time.
However, there are still problems related to the lack of public services, particularlywater and sanitation, which make ensuring a safe work environment a complex
task.
As reported by CU, the majority of farmers stored CPAs correctly and used at least
one type of protective clothing, which suggests progress with CT’s communication
efforts to improve farmers’ safety practices. CT will continue working on thecommunication of the principle, in particular concerning (i) the importance of safe
disposal of empty CPA containers; (ii) prevention and mitigation of specific safety
hazards like GTS and its symptoms, considering that most farmers are unable toidentify the symptoms; and (iii) the responsibility to display warning signs and72

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control the re-entry time in the field after CPA application, which has not beencorrectly regulated.
CT will provide communication materials and roll out training sessions for FTs,
farmers, and workers to improve their level of understanding and awareness of thehealth risks when handling fertilizers without PPE or re-entering a field that wasrecently sprayed. In addition, CT will stress to FTs the importance of verifying that
farmers follow the ALP Code regarding safety.
By the end of 2016, CT will have supplied CPA storage lockers and PPE kits (GTSand CPA) to 100% of farmers. Likewise, CT estimates that by the end of 2018, allfarmers will have received dosage application kits. CT will adapt the communicationmaterials to target illiterate farmers and confirm whether these have been
distributed accordingly.
As previously mentioned, CT believes that Contribution Programs play an importantrole in supporting operational efforts to improve working conditions on farms.
Therefore, some volunteer activities will focus on communicating the symptoms andeffects of GTS, so farmers and their children can learn about it along with other key
messages that promote safe working conditions.
Lastly, as concluded by CU, some farmers and workers in the Coastal Region havedifficulty to access drinking and washing water. As there are no water treatment
plants or water pipes in many rural areas where the farms are located, CT willcontinue distributing water filters, focusing on areas where the situation is urgent
and critical. During 2016, CT plans to deliver 280 filters for those lacking drinking
water in Carmen de Bolívar and Capitanejo, which will bring the farmer coverage up
to 82%. In 2017, 450 additional units will be delivered that will take the coverage
to 97% of total farmers in all zones, the other 3% remaining of farmers, which arelocated in Santander department, do not require water purifiers as they consider
potable water is available in the area. In addition, CT will work with the Ministry ofAgriculture, the NGO Semana Foundation, and the Tobacco Production Chain on the
progress of water projects aimed at building reservoirs in tobacco growing regions,to provide irrigation water for the crop and potable water for human consumption,
through a special treatment.
With regards workers’ accommodation on farms, CT will conduct a communication
campaign to all contracted farmers, informing them about the need to provide
adequate accommodation to the workers living on their farms, in line with local
standards. The campaign will include basic recommendations to promote andimprove safe, clean, and fair living conditions. In addition to informing farmers
about their obligations towards workers who live on their farms, field technicians
will continue monitoring accommodation conditions during the crop season.

6. ALP Code Principle 6: Freedom of association
CT acknowledges the importance of workers’ rights to freedom of association and isencouraged by the relatively high level of awareness of farmers on this topic. These
results are even more encouraging due to the fact that CU’s assessment suggeststhat there are no active labor unions in Capitanejo and Carmen de Bolivar.

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However, CU noted that most workers were unaware of their right to freedom of
association, although there was no evidence that this right had been disrespected.
CT will ensure that workers participate in ALP trainings and will develop
communication materials regarding farmers’ and workers’ rights, in alignment with
the Colombian Law, in order to inform farmers and workers on their rights andduties, including those related to freedom of association.

7. ALP Code Principle 7: Compliance with the Law
CT recognizes the importance that farmers comply with all Colombian laws related
to employment, and most importantly that they inform workers of ther legal rights
and employment conditions. This remains a challenge and CT has been notifying
farmers about their obligations as employers through communication materials andtrainings. Despite our previous efforts, CU’s Assessment concluded that none of theworkers visited were properly informed by farmers about all of their legal rights andemployment conditions.
CT will update and periodically review the Pocket Labor Law Guide, as CU
acknowledged that this is a good way to increase the level of understanding among
field technicians. CT expects FTs to continue informing farmers about their
responsibilities as employers and to emphasize the importance of having farmers
communicating with workers about their rights, employment conditions, andbenefits they are entitled to.

V. CONCLUDING REMARKSThe rural sector in Colombia is complex due to the evolving political situation since
the recent peace process with FARC guerrillas. This is compounded by theunpredictable weather and the challenging economic situation in the agriculture
sector. The magnitude of these problems limits the capacity of CT to effectively
implement substantive changes and requires the collaboration of key local
stakeholders, such as the government, civil society organizations, local NGOs, andinternational organizations. We remain committed to collaborating with multistakeholder initiatives aimed at addressing the systemic issues facing farmers, as
more often than not these are deeply engrained in the socio-political, economic,
and cultural fabric of most rural communities in Colombia.
CT is fully committed to the implementation of the ALP Program and CU’s report isa valuable tool to identify gaps, risks and problems that need to be addressed toachieve the ultimate objective of eliminating child labor and other labor abuses inall contracted tobacco farms in Colombia.
CT’s action plan is intended to cover the different failings and areas to be improved
as identified by Control Union, emphasizing our communication efforts and thestrengthening of relations with our different stakeholders with the aim of making
these ambitious goals a reality.

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Furthermore, CT will continue to act as a catalyst for positive change, encouraging
authorities and stakeholders to combine their efforts to improve the rural issues
and to position tobacco as a viable and sustainable income-generating crop in
Colombia.

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Appendix 2. ALP Code

ALP Code Principle 1: Child labor
There shall be no child labor.
Measurable Standards:
1) There is no employment or recruitment of child labor. The minimum age foradmission to work is not less than the age for the completion of compulsory
schooling and, in any case, is not less than 15 years or the minimum age
provided by the country’s laws, whichever affords greater protection. 422) No person below 18 is involved in any type of hazardous work.
3) In the case of family farms, a child may only help on his or her family’s farm
provided that the work is light work and the child is between 13 and 15 43
years or above the minimum age for light work as defined by the country’slaws, whichever affords greater protection.
ALP Code Principle 2: Income and work hours
Income earned during a pay period or growing season shall always be enough tomeet workers’ basic needs and shall be of a sufficient level to enable the generationof discretionary income. Workers shall not work excessive or illegal work hours.
Measurable Standards:

1) Wages of all workers (including for temporary, piece rate, seasonal, andmigrant workers) meet, at a minimum, national legal standards oragricultural benchmark standards.

2) Wages of all workers are paid regularly, at a minimum, in accordance withthe country’s laws.

3) Work hours are in compliance with the country’s laws. Excluding overtime,
work hours do not exceed, on a regular basis, 48 hours per week.
42

As an exception, pursuant to ILO Convention 138, developing countries may under certain circumstances specify a minimum ageof 14 years.
43
The same ILO convention 138 allows developing countries to substitute “between the ages 12 and 14 in place of “between theages 13 and 15”.

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4) Overtime work hours are voluntary.
5) Overtime wages are paid at a premium as required by the country’s laws orby any applicable collective Agreement.

6) All workers are provided with the benefits, holidays, and leave to which they
are entitled by the country’s laws.
ALP Code Principle 3: Fair treatment
Farmers shall ensure fair treatment of workers. There shall be no harassment,
discrimination, physical or mental punishment, or any other forms of abuse.
Measurable Standards:
1) There is no physical abuse, threat of physical abuse, or physical contact with
the intent to injure or intimidate.
2) There is no sexual abuse or harassment.
3) There is no verbal abuse or harassment.
4) There is no discrimination on the basis of race, color, caste, gender, religion,
political affiliation, union membership, status as a worker representative,
ethnicity, pregnancy, social origin, disability, sexual orientation, citizenship,or nationality.
5) Workers have access to a fair, transparent and anonymous grievancemechanism.

ALP Code Principle 4: Forced labor
All farm labor must be voluntary. There shall be no forced labor.
Measurable Standards:
1) Workers do not work under bond, debt or threat and must receive wages
directly from the employer.

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2) Workers are free to leave their employment at any time with reasonable
notice.
3) Workers are not required to make financial deposits with employers.
4) Wages or income from crops and work done are not withheld beyond thelegal and agreed payment conditions.
5) Farmers do not retain the original identity documents of any worker.
6) The farmer does not employ prison or compulsory labor.

ALP Code Principle 5: Safe work environment
Farmers shall provide a safe work environment to prevent accidents and injury andto minimize health risks. Accommodation, where provided, shall be clean, safe andmeet the basic needs of the workers.
Measurable Standards:
1) The farmer provides a safe and sanitary working environment, and takes all
reasonable measures to prevent accidents, injury and exposure to healthrisks.
2) No worker is permitted to top or harvest tobacco, or to load barns unlessthey have been trained on avoidance of green tobacco sickness.
3) No worker is permitted to use, handle or apply crop protection agents (CPA)or other hazardous substances such as fertilizers, without having firstreceived adequate training and without using the required personal
protection equipment. Persons under the age of 18, pregnant women, andnursing mothers must not handle or apply CPA.
4) Workers do not enter a field where CPA have been applied unless and until it
is safe to do so.
5) Workers have access to clean drinking and washing water close to where
they work and live.

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6) Accommodation, where provided, is clean, safe, meets the basic needs ofworkers, and conforms to the country’s laws.

ALP Code Principle 6: Freedom of association
Farmers shall recognize and respect workers’ rights to freedom of association andto bargain collectively.
Measurable Standards:
1) The farmer does not interfere with workers’ right to freedom of association.
2) Workers are free to join or form organizations and unions of their own
choosing and to bargain collectively.
3) Worker representatives are not discriminated against and have access tocarry out their representative functions in the workplace.

ALP Code Principle 7: Compliance with the law
Farmers shall comply with all laws of their country relating to employment.
Measurable Standards:
1) All workers are informed of their legal rights and the conditions of theiremployment when they start to work.
2) Farmers and workers have entered into written employment contracts whenrequired by a country’s laws and workers receive a copy of the contract.
3) Terms and conditions of employment contracts do not contravene thecountry’s laws.

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