Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report, the discussion in the Conference Committee on the Application of Standards in June 2006, the conclusions of the Conference Committee and a communication from the Confederation of Mexican Workers (CTM), which was forwarded by the Government on 3 October 2006.

2. Pregnancy testing in export processing enterprises and other discriminatory practices. In the abovementioned Conference discussion, issues were addressed that the Committee has been examining for several years and which concern allegations of a number of systematic discriminatory practices against women in export processing zones (maquiladoras), and vacancy announcements that discriminate on grounds of race and colour.

3. The Conference Committee took note of information submitted by the Government representative: it welcomed the fact that in 2002 the Ministry of Labour and Social Insurance and the Chairperson of the National Council of the Maquiladora Export Industry (CNIME) had signed an agreement for concerted action to contribute to improving women’s working conditions in the maquila industry and that the CNIME had undertaken, among other commitments, to promote in each of its member maquila enterprises the dissemination of the national legislation and international treaties on the rights of women workers. It also took note of the activities carried out by the National Institute of Women (INMUJERES) in cooperation with employers’ and workers’ organizations to alert women workers to their rights. On the matter of legislation, it noted that amendments to the Federal Labour Act had been drafted in order expressly to prohibit discrimination based on sex and maternity and that on 3 March 2006 Regulations on employment agencies had been adopted which expressly prohibited discrimination on grounds of sex, pregnancy, and ethnic origin.

4. Mechanisms to assess the impact of measures adopted and progress achieved. The Conference Committee noted the efforts made by the Government to address discrimination and to promote equality, particularly with regard to women workers in maquiladora enterprises. It noted, however, that the practical effect of these efforts was still unclear and that problems in applying the Convention still appeared to exist in law and practice, particularly in maquiladora enterprises, with regard to eliminating discrimination against women. The Conference Committee considered that it would be necessary to establish some means of measuring the impact of the measures taken by the Government and assessing the progress made. It accordingly asked the Government to provide information on any investigations carried out on the existence of such discriminatory practices, the mechanisms available to monitor the situation in practice, trends in this situation and any penalties applied or envisaged.

5. The Committee notes that, according to the Government’s report, the policy implemented by the Government focuses mainly on preventive measures in that penalties are not the primary means of enforcing the provisions of the Convention. The Committee points out that it has for several years been examining the situation of women in the maquila industry in Mexico and has noted allegations by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), concerning a requirement of pregnancy testing, denial of leave and other statutory maternity-related rights and an obligation for pregnant women to work in hazardous and difficult conditions to dissuade them from continuing to work. The Committee notes that the Government has sent useful information on promotional activities, but has not responded to the abovementioned issues, which the Committee raised in its last observation and which were in turn addressed by the Conference Committee. In view of the seriousness of the abovementioned allegations, and taking note of the Government’s efforts in the area of preventive measures, the Committee once again requests information on any investigations carried out on the existence of these discriminatory practices, mechanisms to monitor the situation in practice and any changes in the situation observed, any penalties applied or envisaged and any other information enabling the Committee to gain a clearer picture of the situation and of the Government’s efforts to tackle this serious discrimination.

6. Legislation. With regard to its previous comments, the Committee notes the copy of the draft amendment of the Federal Labour Act provided by the Government. It notes that the amendment is before Congress and that it expressly establishes that women shall not be required to certify that they are not pregnant in order to have access to and remain in employment. The Committee asks the Government to provide a copy of the amended Act as soon as it is adopted. The Committee notes with interest the General Act on Equality between Men and Women of 2 August 2006 which sets down guidelines and institutional machinery for enforcing equality in both the public and the private sectors. Please provide information on the implementation of this Act and practical results achieved pursuant thereto.

7. Promotional and preventive activities. The Committee notes the extensive information sent by the Government on numerous prevention activities. It notes in particular the National Programme for the Prevention and Elimination of Discrimination, 2006, and the activities report of INMUJERES for 2005–06. It notes that in 2005 the National Council for the Prevention of Discrimination (CONAPRED) started up publication of its “Inclusive company” series and published “Discrimination in companies”. In addition, in the context of the CNIME, courses have been run for 462,000 women working in the maquila industry. The Committee notes that the National Programme for the Prevention and Elimination of Discrimination aims, under the objective “work” in strategic guideline 3(IV), “to ensure compliance with the statutory prohibition on requiring pregnancy testing as a condition for obtaining or remaining in a job and achieving promotion” and that point 7 refers to a system of indicators and monitoring of the extent to which the anti-discrimination legislation is applied and the impact and effectiveness of public policy on equal treatment. The Committee asks the Government to provide copies of this evaluation showing to what extent the objective has been achieved.

8. Cooperation with employers’ and workers’ organizations. The Committee notes the information from the CTM that it has joined forces with the employers’ organizations and the federal Government to apply a policy promoting equal opportunities in employment and occupation and to eliminate all forms of discrimination. Please provide information on the practical measures taken pursuant to this cooperation and the results achieved.