Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the legislation attached thereto. Further to the comments it has made in an observation, the Committee requests the Government to provide information on the following points.

1. In reply to previous comments, including those it made in the general observation of 2002, the Committee notes the information supplied by the Government to the effect that the Government has sent a bill to the Congress of the Republic to include in the Labour Code provisions that prohibit and penalize sexual harassment. The Committee trusts that the proposed amendments to the legislation will be adopted and that the definition of sexual harassment will include as key elements "quid pro quo" and "hostile work environment" as referred to in the general observation. The Committee trusts that the Government will be in a position to provide information on progress in this matter on its next report.

2. The Committee notes the Government’s indication to the effect that the National Office for Women participated in preparing a reform to make provision in the internal rules of all enterprises for disciplinary measures to prevent, avoid and penalize sexual harassment at work. The National Office for Women also participated in proposals such as: improving protection for domestic work henceforth to be known as "work in private households"; to amend the legislation to read "person responsible for the family group" instead of "head of the family"; to treat women and minors of the same family performing work in agriculture or cattle raising as individual workers; to hire a minimum quota of women workers with disabilities or women workers who are senior citizens; to provide facilities for nursing mothers; to extend the grounds of discrimination in the labour legislation. The Committee would be grateful if the Government would report on any progress in the adoption of the abovementioned amendments to the law.

3. The Committee notes from the information supplied by the Government on the application of Convention No. 100 that in the public sector in general very few women are hired. In the Office of the President of the Republic, 77 per cent of the staff is male; in the Ministry of the Interior, 89 per cent; and in other government departments the tendency is the same albeit less marked. The Committee further notes that according to a survey carried out in 2002 by the National Institute of Statistics (INE) and Household Surveys Initiative (MECOVI), 35.7 per cent of the female population were economically active, whereas the figure for the male population was 64.3 per cent. The Committee notes that non-governmental organizations such as the National Standing Committee on the Rights of Indigenous Women of COPMAGUA and members of the Women’s Sector, with support from the Women’s Forum and a number of public institutions, took an active part in the preparatory discussions on a number of bills to improve the status of women, and in the preparation of a report "Progress in the political participation of women 1997-2001" and the Action Plan (for the full participation of Guatemalan women 2002-12). The Committee requests the Government to provide information on the activities and results of the abovementioned programmes and bills, and on any other measures adopted to encourage, and where possible ensure, a higher percentage of women in the labour market and a higher participation rate of women in posts of responsibility, particularly in sectors traditionally reserved for men. The Committee also would be grateful if the Government would send a copy of the report and the Action Plan (for the full participation of Guatemalan women 2002-12).

4. The Committee notes the information and the text supplied by the Government on the promulgation of Government Agreement 242-2003 creating a General Training Department in the Ministry of Labour and Social Welfare. It also notes that projects are being devised through the Department of Social Assistance to Men and Women Workers in order to promote human and community development in the most needy sectors and groups of the population. It further notes that training workshops have been held for various occupations, in many cases using bilingual trainers, and that loans have been granted under a revolving credit programme to expand units of production. The Committee trusts that the Government will provide more information in its next report on the results of the activities under way to promote access to vocational training by women, particularly indigenous women.

5. The Committee notes the information provided by the Government to the effect that in the context of the educational reform, the National Forum for Women and the Women’s Secretariat succeeded in creating a gender subcommittee, which participates in the meetings of the Advisory Council on Educational Reform and that, as a result, suggestions have been made for gender mainstreaming in teacher training. The Committee would be grateful if the Government would provide information on concrete progress made in this area in applying the Convention.