Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Honduras (Ratification: 1960)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the General Confederation of Workers (CGT) and the Honduran National Business Council (COHEP), sent with the Government’s report, and the Government’s reply to them. The Committee also notes the observations submitted by COHEP on 31 August 2016, endorsed by the International Organisation of Employers (IOE). The Committee requests the Government to send its observations on the latter.

Article 1 of the Convention. Discrimination on the ground of sex. Sexual harassment. For a number of years, the Committee has referred to the need to include the notion of hostile working environment in the definition of sexual harassment established in the Equal Opportunities for Women Act (LIOM) and its implementing regulation. The Committee has also asked the Government to report on the remedies available to men and women who are victims of sexual harassment at work. The Committee notes that the Government again refers to the existing provisions on sexual harassment in the LIOM and the Penal Code and indicates that the priorities of the Annual Operational Plan for 2016 of the National Institute for Women (INAM) include the reform of the LIOM, which is to incorporate the notion of “hostile working environment” in the definition of sexual harassment. The Committee further notes that, according to the Government, the provisions on sexual harassment refer to “persons of one or other sex”, so they apply to men as well. Lastly, the Government reports on the implementation of the “No means No” initiative in the public sector and the private sector, the aim of which is to eliminate sexual harassment at work. The Committee requests the Government to adopt the necessary measures without delay to amend the LIOM in order to include the notion of hostile working environment in the definition of sexual harassment and to ensure that the victims of sexual harassment have access to effective recourse which are not limited to the possibility of terminating the employment relationship without loss of entitlement to compensation. The Committee also requests the Government to continue to report on the measures taken or envisaged to eliminate sexual harassment in the working environment, including under the “No means No” initiative, and on the results of the measures.

Articles 2 and 3. National Agreement and National Equality Policy. In its previous comments, the Committee requested the Government to send information on the evaluation of the implementation of the Broad National Agreement adopted to address the crisis and on the results achieved through its application, and on the manner in which it had influenced the implementation of the Second Gender Equality and Equity Plan of Honduras 2010–22 (II PIEGH). The Committee notes that the Government indicates that the Broad National Agreement is no longer in operation but that in the framework of the agreement, measures were implemented on a tripartite basis to combat discrimination against indigenous peoples, persons of African descent, persons with disabilities and persons with HIV/AIDS, as well as discrimination on grounds of gender identity and sexual orientation in access to employment and education. Noting that the Broad National Agreement providing for measures for various groups vulnerable to discrimination is no longer in operation, the Committee requests the Government to indicate the measures adopted or envisaged to promote equality of opportunity and treatment in employment and occupation with reference to all the grounds of discrimination other than sex.

Equal opportunities for men and women. With regard to the measures to implement the II PIEGH, including the reform of the Labour Code and the LIOM, and the Gender Equity Policy for the Honduran agro-sector, the Committee notes that the Government reports that the possibility of amending the Labour Code and the LIOM to include a gender focus, is being examined. The Committee further notes that COHEP refers to the creation of an employment and gender roundtable, the aim of which is to encourage implementation of the II PIEGH through the promotion of legislative amendments designed to ensure the protection of women workers and measures to ensure women’s participation in the labour market. The Government supplies information on the participation rate of women in the different job sectors which reflects the persistence of horizontal occupational segregation with predominant participation by men in agriculture, livestock and fisheries, transport and storage, information and communications, among other sectors and a preponderance of women in the care and social assistance sector and teaching. The Committee also notes that the Government refers to the adoption of an agreement on cooperation and technical assistance between the Ministry of Labour and Social Security (STSS) and INAM for the purpose of establishing measures to promote equality between men and women in access to employment and in working conditions. The Government also provides information on the number of men and women who participated in 2016 in the various employment programmes, and the number of STSS child-care centres allowing men and women workers with family responsibilities to reconcile family life and work. With regard to the measures taken for the Honduran agro-sector, the Government reports that as part of the Programme to Restructure Farming Enterprises of the National Agrarian Institute (INA), measures have been taken with a view to increasing women’s participation in development activities such as technical assistance, training sessions and the establishment of farmers’ self-help associations and saving and loan funds. The Committee nonetheless notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations, expressed concern at the continued inequality between men and women, in particular in terms of access to employment and social security, and found it regrettable that women continue to be subjected to poor working conditions in some sectors, including unsuitable workplace conditions, low wages, negligible job security and risk of exploitation and violence (E/C.12/HND/CO/2, 11 July 2016, paragraphs 23 and 31). While taking due note of the measures taken, the Committee reminds the Government that the Convention requires the national equality policy to be effective and that according to Article 3(f), the Government must provide information on specific results secured by its action (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee requests the Government to take specific measures without delay to ensure equal access for men and women to employment and training, including in sectors where they do not traditionally work, to eliminate stereotypes associated with men’s and women’s tasks in the family and the world of work, and to provide information on the results obtained. The Committee requests the Government to report on progress made in the amendment of the Labour Code and the LIOM to include the gender focus established in the II PIEGH. It also requests information on the policy on gender equity in the Honduran agro-sector in terms of progress made towards equality in employment and occupation and equitable distribution between men and women of land titles granted in rural areas.

HIV/AIDS. The Committee notes that the Government reports the adoption of a series of measures to combat discrimination against persons with HIV/AIDS, such as the promulgation, in a tripartite meeting in December 2015, of the National HIV/AIDS policy, including in the maquila sector; the formulation of the Strategic Sectoral Plan 2015–19 on HIV/AIDS in the world of work; the training of labour inspectors and representatives of employers’ and workers’ organizations on the implementation of the HIV/AIDS policy; and the production of studies on knowledge, practices and attitudes relating to HIV/AIDS in the world of work. The Committee requests the Government to continue to send information on the measures taken to prevent and eliminate discrimination on grounds of HIV and AIDS and on any complaints filed for discrimination on grounds of HIV and AIDS, their outcome, the sanctions imposed and the redress awarded.

Maquila sector and Employment and Economic Development Zones (ZEDEs). With regard to the measures and remedies available against acts of discrimination in employment and occupation in the maquila sector and the ZEDEs, the Committee notes that COHEP refers to the adoption of several measures to promote gender equality in the maquila textiles sector, such as the establishment of a programme of community nurseries for workers and the organization of workshops providing training and awareness raising about gender equality in the workplace. The Committee also notes that, according to the Government, the ZEDEs are not as yet in operation. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality between men and women in the maquila sector and on the measures and remedies available against acts of discrimination in employment and occupation in that sector. It furthermore asks the Government to provide information on the start-up of the ZEDEs and on any provisions on equality and non-discrimination adopted in these zones and the actions and remedies established under such provisions, and the existing machinery for supervision and inspection.

Indigenous women. In its previous comments, the Committee requested the Government to send specific information on the impact of the measures to improve education and vocational training and increase the labour market participation of indigenous and afro-Honduran women taken by the Secretariat for Indigenous and Afro-Honduran Peoples (SEDINAFROH). The Committee notes that the Government reports that the duties of SEDINAFROH have been transferred to the Directorate for Indigenous and Afro-Honduran Peoples (DINAFROH). The Committee also takes note of the measures taken by the General Directorate of Education for Indigenous and Afro-Honduran Peoples (SDGEPIAH) to improve education and vocational training and increase the labour market participation of indigenous and Afro-Honduran women. The Committee nonetheless observes that in its concluding observations, the CESCR found it regrettable that rural women, indigenous women and women of African descent continue to be victims of multiple and cross-sectoral discrimination, which is reflected in the high poverty rate among these groups (E/C.12/HND/CO/2, 11 July 2016, paragraph 23). The Committee requests the Government to continue to provide information on the specific measures taken or envisaged to improve education and vocational training and increase the labour market participation of indigenous and Afro-Honduran women, and on the impact of these measures in practice. It also asks for information on the measures taken or envisaged by DINAFROH to promote the integration of indigenous and Afro-Honduran women in the labour market including through their traditional activities.

Enforcement. The Committee notes that the Government reports that STSS labour inspectors have not received any complaints of discrimination and that questions about discrimination are to be included in the protocols of the labour inspection services. The Committee requests the Government to continue to send information on the activities of the Labour Inspectorate, including in the maquila sector, listing any problems encountered in enforcing the Convention, the follow-up action taken on instances of discrimination detected and any sanctions imposed.