Individual Case (CAS) - Discussion: 2006, Publication: 95th ILC session (2006)

A Government representative emphasized that the Government was firmly committed to the goal of eradicating all forms of discrimination. He appreciated that the Committee of Experts had noted with interest in its report the policies and legislation adopted in Mexico to prevent discrimination and promote equality of opportunity and treatment in the workplace. This recognition by the Committee of Experts encouraged the Government of Mexico to strengthen and effectively apply measures already in place. He recalled that Mexico had a legislative framework that prohibited discrimination and promoted gender equality, including first and foremost the Mexican Constitution, the Federal Labour Act, the Federal Act to prevent and eliminate discrimination, the Regulation respecting employment agencies and the Regulation respecting vacancy announcements in the Federal District. There also were bodies responsible for monitoring compliance with discrimination legislation and dealing with matters relating to gender equality, including the National Council for the Prevention of Discrimination, the sectoral body of the Secretariat of Governance, the National Institute for Women, the Office of the Federal Attorney-General for Labour Protection, the decentralized body of the Secretariat of Labour and Social Insurance, as well as the General Directorate for Gender Equality and the Federal Labour Delegations assigned to the secretariat.

He noted in particular that the National Council for the Prevention of Discrimination was competent for the submission and resolution of complaints and representations for alleged acts of discrimination committed by individuals or federal authorities in the exercise of their functions, either through a conciliatory process between the complainant and the defendant or by advising the complainant on possible alternatives. The National Institute for Women was responsible for promoting and encouraging conditions conducive to non-discrimination, equality of opportunity and treatment between men and women, the full exercise of all women's rights and their equal participation in the political, cultural, economic and social life of the country. The Office of the Federal Attorney General for Labour Protection was responsible for providing guidance and advice free-of-charge to workers, their unions or beneficiaries, on the rights and obligations relating to labour and social insurance and social security law, as well as on the legal and administrative procedures and the competent bodies to which they could turn to exercise those rights. The General Directorate on Gender Equality of the Secretariat of Labour, in collaboration with the Federal Delegations of Labour, was responsible for directing and coordinating the formulation, integration, implementation and follow-up of policies and programmes to ensure equality of employment opportunities and prevent discrimination in the sectors of the population requiring special attention.

With regard to the request of the Committee of Experts to strengthen the Mexican legislation so as to explicitly prohibit discrimination on the basis of sex and maternity in relation to recruitment, hiring for employment and conditions of employment, he said that his Government was engaged in a series of reforms of the Federal Labour Act in which it was envisaging explicitly prohibiting the requirement of a negative pregnancy test as a condition to obtain and keep a job. Among the initiatives proposed by the Mexican Congress, he emphasized the proposal to amend sections 4, 5, 133 and 164, and to add section 164A to the Federal Labour Act so as to: prohibit the dismissal of women on grounds of maternity, pregnancy or breast-feeding; prevent wage discrimination; and eliminate all forms of labour discrimination. The matter was before the Labour Social Insurance and the Equality and Gender Commissions of the Chamber of Deputies pending approval. The social partners had participated in the formulation of the texts communicated to the Deputies; furthermore, there was a smooth and totally unrestrained dialogue between employers' and workers' organizations and the Deputies. The Senate and the House of Representatives of the Federal District had reached agreement to explicitly call for the prevention of discrimination on the basis of pregnancy. Alongside the legislative debates, with a view to eliminating labour discrimination on the basis of gender and maternity, the Government of Mexico was continuing to promote measures to ensure respect for the dignity of women under any conditions. With regard to the request by the Committee of Experts for information on the investigations carried out into discriminatory practices in maquiladora enterprises, he mentioned several bodies through which women workers could make complaints and seek information. These were the INMUJERES web site of the General Directorate of Gender and Equality of the Secretariat of Labour and the Office of the Federal Attorney-General for Labour Protection, which provided information on pro-equality programmes and projects, a life without violence, gender mainstreaming and models of gender equality. He added that in 2005 this web site had received 1,853 requests for information, 1,698 of which were from women and 155 from men. Of these, 46 had referred to discrimination on the basis of gender and 26 to termination of employment on grounds of pregnancy.

Between 1 July 2004 and 15 May 2006, the National Council for the Prevention of Discrimination had received complaints concerning 21 cases of dismissal from employment and discrimination on the basis of pregnancy through the complaint procedure envisaged in the Federal Act to prevent and eliminate discrimination. Some of these complaints were made to the competent labour authorities because the parties concerned had not been able to reach a settlement. Between 2002 and 2005, the Office of the Federal Attorney-General for Labour Protection had provided legal advice free-of-charge, conciliation in labour disputes and legal representation for 140,470 women. Between 1 January 2005 and 31 March 2006, the Directorate of Inspection of the Secretariat of Labour, which ensured that workers' rights were not violated in the workplace at the federal level, had carried out 28,280 inspections of general working conditions throughout the country. He also emphasized that his Government's policy focused on preventive measures. This preventive policy was embodied in the Federal Act to prevent and eliminate discrimination of June 2003, which covered all the workers in Mexico, including those working in maquiladora enterprises.

In response to the request from the Committee of Experts for information on the results of the Agreement for concerted action between the National Council of the Maquiladora Industry and the Secretariat of Labour in April 2002, he said that, as a result of the signing of the Agreement, the Sub-Secretary for Human Development and Productive Labour, together with the Federal Labour Delegations of the border states, had provided training on labour rights for 462,000 women in the maquiladora industry. They had also carried out awareness-raising campaigns for executives of maquiladora enterprises on gender equality. Furthermore, he referred to the activities of the More and Better Jobs for Women project, which the Government was undertaking with the ILO, which had been initiated some years ago in the states of Guerrero and Coahuila and was currently being implemented in the states of Chihuahua and Yucatán, through comprehensive capacity-building for women workers in the maquiladora enterprises to inform them of their labour rights and strengthen their ability to negotiate with the enterprises employing them. At the federal level, the Secretariat of Labour was carrying out a permanent campaign to promote dignified working conditions for women and to eliminate the requirement for a negative pregnancy test, a campaign that had begun with the distribution of posters in the services and institutions of the Federal Public Administration throughout the country. Moreover, they were also supporting networks, an initiative of the Secretariat of Labour, which included all three levels of government, federal, state and municipal, with the participation of civil society, and were already operational in 22 states. These networks promoted awareness campaigns for women workers in enterprises on their rights in the event of dismissal on grounds of pregnancy, inter alia. He added that in 2005 some 94,000 charts on women's rights and obligations had been distributed in another campaign entitled "Let's Move towards Just Laws"; 13,000 posters were also distributed on the non-requirement of pregnancy tests and equality of opportunity.

With regard to the request by the Committee of Experts that the Government continue to provide information on the activities of the National Institute for Women, he indicated that the Institute continued to carry out campaigns with employers, unions, institutions and civil society organizations to promote the non-requirement of a pregnancy test as a precondition for obtaining or keeping a job. Furthermore, in the context of the activities to implement the goals of the Equality Programme of the National Institute for Women, one of the strategies developed by the Institute in 2005 was awareness-raising and training on gender mainstreaming for 6,000 public servants at three levels of government, as well as for the staff of private enterprises and the general public. The Institute was also promoting concrete action to encourage gender equality in the workplace through an instrument called the "Gender Equality Model". This model called upon organizations to establish written guidelines for promoting equality of opportunity for men and women with equal levels of education, experience, training and responsibility, and to prohibit the requirement of pregnancy tests when hiring women; this Mexican initiative was recognized by international organizations and had been adopted by various countries of the Americas. Between 2003 and 2005, a total of 60 public, private and civil society organizations had obtained the "Gender Equality Model" award, which had directly benefited 83,000 women. In the present year, 20 public and 18 private organizations, as well as one civil society organization at the national level had initiated the process to obtain this award. He indicated that the measures implemented by the National Institute for Women were beginning to bear fruit. He reiterated his Government's commitment to continue providing information on the Institute's activities, to send its annual report and the results of its programme in maquiladora enterprises in its next report on Convention No. 111. Finally, on the issue of whether vacancy announcements were prohibited which established specific profiles of candidates on the basis of skin colour, he answered that they had been prohibited. The measures adopted or envisaged in this respect had already been communicated to the Committee of Experts in the report of 2004. He concluded by emphasizing that the Committee's request for further information on one of the fundamental Conventions had given him the opportunity to reacquaint himself with these commitments, which made of Mexico a country that was building labour peace based on respect for human dignity, globalizing humanism and moving towards a new labour culture under the administration of President Vincent Fox.

The Worker members thanked the Government representative for the information provided. Even though the Committee was discussing this case for the first time, the Committee of Experts had been commenting on Mexico' s application of Convention No. 111 for many years. Reading through the comments led to the conclusion that progress had been achieved. However, in practice, violations of the Convention continued. The application of this Convention, particularly in the export processing zones (maquiladoras), was of great importance for the Worker members. In its comments in 2003, the Committee of Experts had noted the statement by the Government that maquiladora enterprises were one of the major creators of work for women and that women constituted a majority of the workers in these enterprises. It had requested the Government to take measures to protect women from discrimination in employment and to guarantee them access to training opportunities and better quality jobs. In its latest comments, the Committee of Experts had commented on the systematic discriminatory character of discrimination in employment and occupation based on sex, race and colour. Discrimination in employment and occupation based on sex took two main forms: the requirement of pregnancy tests as a precondition for access to employment; and against women who were already employed in the enterprises through the denial of maternity leave or by compelling them to work under hazardous and difficult working conditions to dissuade them from continuing to work. The Worker members commended the Government for the measures already taken, particularly the Agreement concluded for concerted action to contribute to the continued improvement of labour conditions for women workers in the maquiladora industry and to promote in the dissemination maquiladora enterprises of national legislation and international treaties on the rights of women workers. They noted the information and statistical data provided by the Government and requested the Government representative to provide additional information on the implementation of the measures that had been adopted so as to determine the number of workers concerned and the results achieved.

The Committee of Experts had asked the Government in its latest comments to revise the Federal Labour Act to establish an explicit prohibition of discrimination on the basis of sex and maternity in relation to recruitment, hiring for employment and conditions of employment. According to the information provided by the Government, sections 3(2) and 133 of the Federal Labour Act already prohibited employers from refusing to hire workers and from establishing distinctions on grounds of age or sex, and a legislative reform was under way. In this respect, the Worker members noted the indications provided by the Government representative that a Bill to amend the Federal Labour Act had been submitted to the Chamber of Deputies and they requested the Government to provide a copy of the Bill. Discrimination on the basis of race and colour took the form, inter alia of vacancy announcements which included among their requirements that candidates should have a light skin. In its report, the Government had indicated that it was difficult to see how this condition could be considered to amount to discrimination against the indigenous population. Yet Article 1, paragraph 2, of the Convention was very clear; only distinctions based on the inherent requirements of a particular job were not deemed to be discrimination. The Worker members recalled that every job offer requiring light skin constituted manifest discrimination. The Worker members welcomed the statement made by the Government representative that he acknowledged the problem. They also requested additional information concerning the investigations carried out ion discriminatory practices and the sanctions imposed. It was important to be able to evaluate the impact of the measures taken by the Government. The Worker members noted the adoption, on 10 June 2003, of the federal Act to prevent and eliminate discrimination. However, as the Committee of Experts had pointed out, it was regrettable that the Act did not provide for any penalties. With a view to enabling the Committee of Experts to assess the impact of these measures, the Government should provide additional information on this point and on the application of the Act in maquiladora enterprises.

The Employer members thanked the Government representative for providing additional information on the continued measures taken to promote equality in employment and occupation and to eliminate discrimination. They noted that the information provided addressed a number of issues raised by the Committee of Experts. They welcomed the opportunity to address this case, which concerned a core Convention and was an example of a case of progress. This case had been discussed on three other occasions over the past six years, and the replies provided by the Government today indicated a commitment to implementing the Convention. The observation of the Committee of Experts this year reflected the continued positive efforts made by the Government to implement the Convention and to respond to previous requests by the Committee of Experts. They recalled that the Convention required national governments to declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation and to take measures to eliminate discrimination in employment. The present case principally concerned allegations that certain enterprises in export processing zones required women to undergo pre-employment pregnancy tests, subjected them to discrimination through the denial of leave and required them to perform hazardous or dangerous work during pregnancy in order to pressurize them into leaving their employment. In response to this complaint and the previous observations, the Government had taken certain steps which had been noted with interest by the Committee of Experts. In particular, the Committee of Experts had referred to the 2002 Agreement between the Secretary for Labour and Social Insurance and the National Council of the Maquiladora Industry for concerted action to improve working conditions for women, through measures which included the dissemination to its members of national legislation on the rights of women; recommendations to member enterprises not to require pregnancy tests; and raising awareness that enterprises should not exert pressure on pregnant women. This Agreement, which was in conformity with the Convention, had led to 15 other similar agreements between states, employers' and workers' organizations and women's organizations.

The Committee of Experts had also noted with interest the Government's initiative through the National Institute for Women, which emphasized the elimination of pregnancy testing. The Committee of Experts had noted the collaboration between the Government and the ILO on the Project "More and Better Jobs for Women", and the launching of the second phase of the project in 2003 to improve the labour rights of women in export processing zones, through measures such as awareness raising and training. These efforts were consistent with the requirements for social dialogue in Article 3(a) and with the key objectives of the Convention. While noting with interest these positive initiatives, the Committee of Experts had also requested additional information and had acknowledged that the Government had provided certain information in regard to these measures. The Employer members had listened to the information presented by the Government representative today on the various measures taken and they encouraged the Government to provide this information in writing to the Committee of Experts. They further encouraged the Government to provide information about the results achieved through its efforts, the mechanisms used to assess the extent of discriminatory practices, the nature of the complaints received, means of monitoring complaints and the investigations completed. These further requests were consistent with the objectives and provisions of the Convention in pursuit of the national policy to promote equality of opportunity and treatment. While the Committee of Experts had noted with interest the adoption of the 2003 Federal Act to prevent and eliminate discrimination, which established a National Council for the Prevention of Discrimination, and which was promotional in nature, it had criticized the fact that the Federal Act did not establish penalties and sanctions. With respect to paragraph 6 of the observation, which called on the Government to establish an explicit prohibition of discrimination, the Employer members recalled that the Convention did not require these types of statutory or administrative enactments. Such a requirement ignored the provisions of Article 2 of the Convention, which called upon governments to pursue a national policy "by methods appropriate to national conditions and practice". The Employer members were also encouraged to hear the Government representative provide information in relation to the comments made in paragraph 9 of the observation of the Committee of Experts concerning vacancy announcements requiring "light skin" candidates. They encouraged the Government to provide information in writing to the Committee of Experts on this subject.

In conclusion, the Employer members stated that they were very encouraged by the positive measures that had been taken by the Government. They hoped that the Government would continue to implement the Convention by pursuing a national policy designed to promote equality of opportunity and treatment with respect to employment and occupation, and that it would continue its efforts to give effect to the recommendations made by the Committee of Experts.

The Worker member of Mexico indicated that the Workers' Confederation of Mexico, together with the employers' organizations and the Government, had joined forces to apply a policy to promote equality of opportunity and treatment in employment and occupation and to eliminate all types of discrimination. In his view, it would have been particularly appropriate to address the question of discrimination in the years immediately following the adoption of the North American Free Trade Agreement, when his organization had repeatedly denounced violations, rather than ten years after its entry into force. Discrimination was not now a general practice, but continued to occur in certain enterprises. The workers continued to fight against it, particularly through denunciations and collective agreements. The Committee of Experts had requested the Government to investigate, punish and eliminate discriminatory practices. It had also requested it to amend the Federal Labour Act in this respect. The workers were not in agreement with the proposal to open up a debate on the Act, because it would give rise to a general debate that they were not seeking. However, what they would accept was certain amendments to adapt and modernize the Federal Labour Act, and which did not prejudice its status as an Act that laid down the rights of workers, to which no retrograde provisions should be accepted. He emphasized that the Committee of Experts had noted with interest the Government policy in relation to the Agreement concluded with the National Council of the Maquiladora Industry, the activities carried out in collaboration with the National Institute for Women, the Federal Act to prevent and eliminate discrimination (10 June 2003) and the activities carried out in collaboration with the ILO in several states. However, he affirmed that it was important to emphasize the role that trade union organizations had played and continued to play in combating discrimination. He also recalled that the Political Constitution, First Title, respecting individual liberties, prohibited any form of discrimination. With regard to point 9 of the observation of the Committee of Experts, concerning vacancy announcements that were discriminatory, he noted the importance of the issue and recalled that article 2 of the Constitution referred to the pluricultural composition of the population and the characteristics of indigenous peoples. Finally, he observed that Mexicans were hardly "light-skinned".

The Employer member of Mexico said that the information on which the Committee of Experts had based its report had been insufficient. The first point in the observation of the Committee of Experts was an account of the allegations received on the requirement of a pregnancy test as a precondition for hiring, the denial of maternity leave and the complicity of the authorities in such practices. With regard to points 2 and 3, he emphasized the agreement concluded with the National Council of the Maquiladora Industry (CNIME) with a view to improving the working conditions of women, the objective of which was to promote awareness campaigns and guidance to prevent practices which violated maternity rights. Furthermore, an additional 15 agreements had been concluded with state governments, employers' and businesswomen's associations. With regard to point 4, he said that the National Institute for Women had highlighted in several institutions that pregnancy tests should not be required, and he recalled that the second phase had begun of the More and Better Jobs for Women project, developed together with the ILO, which contributed to improving labour rights for women workers in the maquiladora industry. With regard to point 5, he recalled that the Committee of Experts had noted with interest the Government's policy to promote equality of opportunity and treatment and eradicate the requirement of a pregnancy test as a condition for hiring, and recognized that innovative measures had been taken. With regard to the Committee of Experts' comments concerning the sanctions applied or envisaged, he said that, although it was important and positive to maintain a culture of prevention and to comply with standards regarding equality of treatment, it was not indispensable to have an amendment to prohibit discrimination on the basis of maternity since Mexican legislation already implicitly contained such a prohibition. The amended Federal Labour Act not only expressly prohibited discrimination on the basis of maternity and other reasons but also prohibited and defined sexual harassment. This reform had been the result of social dialogue between workers and employers. Furthermore, the Federal Act to prevent and eliminate discrimination had been adopted establishing the National Council for the Prevention of Discrimination, which defined discrimination and discriminatory behaviour. Agreements had been concluded between trade unions, chambers of commerce and the Mexican Institute for Social Security, to maintain child-care centres open 24 hours a day in export processing zones. With regard to point 9 on vacancy announcements that were discriminatory on the basis of ethnicity and skin colour, the observation had not specified the number, place or frequency of such announcements and was therefore unfounded. In conclusion he referred to the efforts made in Mexico to eradicate such acts of discrimination and the recognition of these efforts by the Committee of Experts. Finally, he emphasized that his country constituted a case of progress with respect to the application of Convention No. 111.

The Government member of Finland, speaking on behalf of the Government members of Denmark, Iceland, Norway and Sweden, emphasized that discrimination on grounds of sex in working life was in various degrees a problem throughout the world. It was an obligation of governments to promote and facilitate equal working terms for men and women in employment and access to work. She appreciated the fact that Mexico had already taken various steps to improve the labour conditions of women in the maquiladora sector. The various programmes initiated focused on developing women's capacity at work, as well as raising awareness of women's rights at the workplace. As they aimed to ensure the protection and dignity of women workers, as well as the reconciliation of working time and family life, these programmes were of special importance in a sector where workers' rights were not always adequately respected. However, she noted that allegations of pregnancy tests and other discriminatory practices as a precondition for access to employment in the maquiladora sector still existed, despite the Agreement between the Secretary for Labour and Social Insurance and the National Council of the Maquiladora Industry (CNIME) that no pregnancy tests should be required. She reaffirmed that equality between women and men needed to be supported by adequate legislation which included sanctions and penalties for discriminatory conduct. The Mexican legislation, according to the report of the Committee of Experts, did not yet seem to include these elements, being more of a promotional nature. She recommended that the Government ensure that the legislation was amended so that, instead of being conditional and subject to an agreement, it was generally applied, provided appropriate consequences for discrimination and was effectively enforced. She urged the Government to provide the information requested by the Committee of Experts and wished it success in its further work of developing working life without gender discrimination.

The Worker member of India stated that the case before the Committee involved a series of systematic discriminatory practices against women both in access to employment and during employment in export processing zones, such as the requirement of pregnancy tests. In export processing zones, women were denied their leave and other maternity entitlements and compelled to work under hazardous and difficult conditions to dissuade them from continuing to work. He expressed the view that such discriminatory practices would continue unless specific labour legislation honouring dignity and womanhood was enacted and implemented. The Government representative had indicated that there already existed a law to promote equality of opportunity and treatment, and to eradicate practices such as the requirement of pregnancy tests. However, the Act in question was promotional in nature and did not provide for any penalty or identify the specific private sectors to which it applied. He noted the allegations concerning vacancy announcements requiring a light skin, which were discriminatory on the basis of the grounds of discrimination set out in the Convention, which prohibited discrimination based on race and colour. In view of this situation, he called on the Committee to recommend the Government to adopt appropriate legislation that made provision for effective penalties in line with the requirements of the Convention and to inform the Committee of Experts immediately of any action in this regard.

The Government representative thanked the members of the Committee for their statements and said that the legislation in his country was the result of a process in which, in accordance with participatory democracy, the citizens contributed to the formulation of laws. In this respect, the Federal Labour Act, which was before the Chamber of Deputies as a proposed reform, was the result of a lengthy and thorough dialogue intended to amend some 500 articles of the Act which contained over 1,000 sections. In this process, it had been borne in mind that nothing was more important than workers' rights, and particularly their right not to be discriminated against. With regard to the absence of sanctions, he said that these were to be set out in regulations, but what was fundamental in the Government's view was the spirit with which decent work could be promoted, which would make social dialogue the basic instrument for achieving harmony in the workplace.

With regard to the situation in the maquiladora industry, he explained that it involved around 1.7 million jobs and that between 9,000 and 10,000 jobs were created daily in the sector, which was located principally in border states. He emphasized the importance of the industry for the national economy and assured the Committee that his Government would take great care to continue to provide information to the Committee of Experts on what was happening in areas where this industry was located. In response to the intervention by the Government member of Finland, he maintained that Mexican legislation was adequate and modern. The Federal Labour Act, in particular, was an initiative that could lead to structural change rather than just a few minor changes. What was being proposed was a progressive model which would enable them to work as a nation to achieve labour peace in which employers, workers, the academic world and the Government worked together to reach agreement. In this respect he emphasized that the number of strikes over the past five years had reached its lowest historical level. This was based on social dialogue, communication and negotiation, rather than conflict. With regard to the vacancy announcements requiring persons of light skin, he said that Mexicans, including himself, had dark complexions and were very content with them, but he made a special point of saying that, on 3 March 2006, the Regulation on employment agencies had been adopted, section 6 of which prohibited employment services from discriminating on the basis of ethnic origin, sex or pregnancy, inter alia.

The Worker members recognized that the Government had indeed taken measures to apply the Convention. They nevertheless requested the Government to provide further information on the implementation of these measures in terms of the elimination of discrimination based on sex, and particularly on discrimination against women working in maquiladora industries, such as pregnancy tests. They also requested it to supply a copy of the Bill to amend the Federal Labour Act, especially the explicit prohibition of discrimination based on sex and maternity. While progress had been indeed achieved, it was impossible to qualify this case as a case of progress before the Committee of Experts had examined the information provided by the Government. It was therefore to be hoped that the Government would provide written information and statistics in its next report to the Committee of Experts.

The Employer members stated that they were encouraged by the reaffirmed commitment and efforts that had been made by the Government to respond to the issues raised by the Committee of Experts. They encouraged the Government to continue its collaboration with the ILO, in particular in conjunction with the social partners. They also encouraged the Government to follow up on the information it had provided today, which responded to the observation of the Committee of Experts, in particular with regard to the results achieved through its efforts, the mechanisms used to assess the extent of discriminatory practices, the nature of any complaints received, the means of monitoring complaints and the investigations carried out. They also requested the Government to provide the Committee of Experts with copies of the amended Federal Labour Act, as well as information on any other measures taken to advance gender equality, all of which would help to improve the implementation of the Convention. The Government was encouraged to pursue a national policy, as called for by the Convention, and to provide the requested information on all measures taken under Articles 2 and 3 of the Convention, as well as those relating to the situation of women in the maquiladora industry. Such measures should be formulated in consultation with the social partners. If the action taken by the Government was consistent with its past efforts, they were convinced that as a result it would no longer be necessary for this case to be considered by the Conference Committee.

The Committee noted the statement by the Government representative and the ensuing discussion. The Committee noted that the observation of the Committee of Experts discussed by the Conference Committee referred to matters that had been under examination for several years, including allegations of a series of practices of systematic discrimination against women in export processing zones (maquiladoras), and vacancy announcements that were discriminatory on the grounds of race and colour.

It noted that, according to the ICFTU, there were serious cases of discrimination against women, particularly in maquiladora enterprises, where pregnancy tests were required, leave and other statutory benefits related to maternity were denied or pregnant women were obliged to work under arduous or hazardous conditions to dissuade them from continuing to work.

The Committee noted the information provided by the Government representative on this subject. It welcomed the fact that, in 2002, the Secretary for 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 the continued improvement of labour conditions for women working in the maquiladora industry and that the CNIME had undertaken, among other commitments, to promote in each of its member maquiladora enterprises the dissemination of national legislation and international treaties on the rights of women workers. The Committee also welcomed the information provided regarding the activities carried out by the National Institute of Women, in collaboration with employers' organizations and trade unions, to raise awareness and build capacities of women workers, as well as government officials. The Committee noted further that amendments to the Federal Labour Act had been drafted and were under consideration in order to prohibit explicitly discrimination based on sex and maternity. Further, the Committee noted the Government's indication that the Regulations on Employment Agencies of 3 March 2006 explicitly prohibited discrimination in the provision of employment services, including discrimination on the grounds of sex, pregnancy and ethnic origin.

The Committee noted the efforts made by the Government to address discrimination and promote equality, particularly with respect to women workers in maquiladora enterprises. However, the Committee noted that the practical impact of these efforts was still unclear and that problems in the application of the Convention still appeared to exist in law and practice, and particularly in maquiladora enterprises, in relation to the elimination of discrimination against women.

It considered that it would be necessary to establish means of measuring the impact of the measures taken by the Government and the progress achieved. It therefore requested 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 the situation and the sanctions imposed or envisaged, including statistical information. The Committee also requested the Government to establish flexible complaint procedures, as well as appropriate measures to prevent the requirement of pregnancy tests and similar practices in maquiladora enterprises. Noting the Federal Act to prevent and eliminate discrimination, the Committee requested the Government to specify the private sector workers covered by the respective provisions of the Act, including information on maquiladora enterprises.

It further noted that the Committee of Experts had requested the Government to consider the possibility of amending the Federal Labour Act so as to explicitly prohibit discrimination based on sex and maternity in relation to recruitment, hiring for employment and conditions of employment. The Committee hoped that the amendments to the Federal Labour Act would be adopted in the near future and called on the Government to take advantage of this opportunity to establish an explicit prohibition of discrimination based on sex and maternity in relation to recruitment, hiring for employment and conditions of employment. The Committee also called on the Government to specifically prohibit vacancy announcements that were discriminatory on the grounds set out in the Convention, including race and colour.

The Committee requested the Government to provide the information presented to the Committee in writing to the Committee of Experts, as well as information on all the points raised by the Conference Committee and the Committee of Experts.

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Promotional and preventive activities. The Committee notes that in the context of the 2007 National Pact on equality between men and women, the budget allocated to programmes targeting women and gender equality was increased, which has allowed various activities to be developed, including the following: the Programme on Productive Organization for Indigenous Women (POPMI) which aims to improve the living conditions of indigenous women by promoting and strengthening their organization and participation in decision-making through the development of productive projects; the Microfinance Fund for Rural Women (FOMMUR); the Women in Agriculture Programme (PROMUSAG); the National Micro-entrepreneur Finance Programme (PRONAFIM), which granted 80 per cent of its microcredits to women from rural and urban areas; and the National Support Fund for Social Enterprises (FONAES), which has benefited 1,500 productive units, 92 per cent of which are composed of women only. Furthermore, in the context of the National Programme for Equality between Men and Women 2009–12 (PROIGUALDAD), the National Institute of Women (INMUJERES) has carried out numerous activities relating to gender equality, including the training of workers, members of trade union organizations and employers’ associations on occupational segregation; measures to improve access to information by women; and the dissemination of tools to increase women’s skills and opportunities. In addition, in coordination with the Ministry of Labour and Social Insurance (STPS), INMUJERES has implemented a programme entitled “Equal employment conditions: Combating sexual harassment and occupational gender segregation”, which aims to promote equal pay and working conditions, establish measures to reduce occupational segregation based on sex and eliminate discriminatory practices in the workplace. A campaign was also launched to raise awareness of issues relating to labour inequalities, labour segregation, joint responsibility for work and family life, the inclusion of young persons and persons with disabilities and sexual harassment in the workplace. The Committee notes that, according to the Economic Commission for Latin America and the Caribbean (ECLAC), the rate of participation in economic activity is 44.2 per cent among women and 80.4 per cent among men. The Committee requests the Government to provide information on the impact that the “Equal employment conditions: Combating sexual harassment and occupational gender segregation” programme has had in terms of eliminating discriminatory practices in the workplace and specifically in reducing occupational segregation. The Committee also requests the Government to continue providing information on the impact of the activities carried out in the context of both the third central theme of the National Development Plan
2009–12 entitled “Equal opportunities” and the PROIGUALDAD in strengthening the capacities of women, increasing their participation in economic activity and reducing gender inequalities.

The Committee notes that the STPS promotes a culture of labour equality and inclusion by means of awareness-raising campaigns and by awarding distinctions and giving recognition to enterprises which help employees to reconcile work and family life and promote gender equality and policies to combat violence in the workplace and sexual harassment. The initiatives include the “Gender Equality Model” (MEG) and the “Family Responsible Enterprise” distinction. The Committee notes that the responsibility for ensuring that the relevant conditions are met lies with operating committees composed of representatives of employers, workers, institutions and society. The Committee also notes the adoption of Mexican Standard NMX-R025-SCFI-2009 on labour equality between men and women, published in the Official Journal of the Federation on 9 April 2009, which establishes the requirements for obtaining certification and the symbol proving that the labour practices of an organization respect the right to equality and non-discrimination. The Standard includes indicators, practices and measures to promote equal opportunities between men and women regardless of their ethnic, racial or national origin, gender, age, disabilities, social or economic situation, state of health, pregnancy, language, religion, opinions, sexual orientation, marital status or any other similar characteristic or condition. The Government indicates that the STPS provides enterprises seeking certification with technical assistance, e-learning courses and self-assessment tools. In June 2010, nine organizations, eight private and one public, had been certified, benefiting 8,081 female workers and 8,351 male workers. The Committee requests the Government to continue providing information on the impact of these distinctions and badges of recognition and the participation of the social partners in awarding them.

Complaints regarding discrimination in employment and occupation. In its previous comments, the Committee requested the Government to indicate the reasons for the withdrawal of the complaints received by the National Council for the Prevention of Discrimination (CONAPRED), given that between 1 June 2006 and 15 May 2008, 70 complaints of discrimination on the ground of pregnancy were received, but 50 were withdrawn by the complainants for personal reasons. The Committee notes that the Government indicates that, according to CONAPRED, many of the individuals concerned opted for negotiation instead of participating in the conciliation process and that CONAPRED received 102 complaints of discriminatory practices related to pregnancy, gender and racial discrimination. The Committee requests the Government to continue providing information on the complaints received by CONAPRED of discriminatory practices in the workplace and the manner in which the complaints were resolved.

Labour inspection. The Committee notes that, according to the Government, between July 2008 and June 2010, no violations of the right to non-discrimination were noted by labour inspectors during their inspections. The Government indicates that the services for reporting discriminatory practices and violence in the workplace have been expanded by means of a telephone line enabling callers to seek guidance on how and where to lodge complaints. In 2009, personalized guidance, advice, conciliation and representation were provided to 105,000 women workers involved in labour disputes, of which 97,000 were resolved. Furthermore, nearly 11,000 cases were brought by the Federal Prosecutor for the Defence of Labour in favour of women workers, 92 per cent of which were resolved favourably. The Committee requests the Government to continue providing information on cases of violations of the right to non-discrimination in the workplace and, in particular, on the training given to labour inspectors in the area of discrimination in employment.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Application of the Convention in practice in export processing zones. In its previous comments, the Committee requested the Government to provide information on the mechanisms to monitor discrimination in practice in export processing zones to allow an assessment to be made of the impact of the measures adopted, as well as on the complaints of discrimination based on sex presented to local and federal conciliation and arbitration boards or to tribunals. The Committee notes the Government’s indication that it has no information on systematic discriminatory practices against women in export processing zones (maquiladoras) or on complaints of discrimination based on sex in export processing enterprises. The Committee notes that the Government indicates that meetings on equality at work have been held aimed at local authorities, representatives of employers’ and workers’ organizations, institutions and civil society for the purpose of raising awareness of occupational segregation. The actors involved in these meetings undertake in writing to include a clause prohibiting violence in the workplace in collective agreements or in general conditions of employment and to promote the removal of the requirement for pregnancy tests to obtain or maintain employment. The Committee notes with regret that the Government has not sent any relevant information concerning the monitoring of the situation relating to discrimination in export processing zones or the complaints of discrimination based on sex. The Committee recalls that these matters have been pending for many years and were examined by the Conference Committee on the Application of Standards in 2006, particularly the matter of the requirement of pregnancy tests to obtain or maintain employment and the practice of subjecting pregnant women to difficult or hazardous working conditions to force them to resign from their jobs. The Committee notes with concern these discriminatory practices and requests the Government to take the necessary measures to investigate the existence of the discriminatory practices mentioned and effectively address the issue of discrimination against women in export processing zones and to provide information on any developments in this regard. The Committee also requests the Government to provide information on the mechanisms available to address complaints of this nature and the penalties applicable.

Legislation requiring women to certify that they are not pregnant. The Committee notes that, on 18 March 2010, the draft decree amending various provisions of the Federal Labour Act and prohibiting employers from requiring female workers to certify that they are not pregnant in order to gain access to and remain in employment or obtain a promotion or from dismissing female workers on the grounds that they are pregnant, have changed their marital status or have children in their care was submitted to Congress for consideration. The reform is being examined by the Labour and Social Insurance Commission of the Chamber of Deputies. The Committee requests the Government to provide information on the progress made in amending the Federal Labour Act to ensure compliance with the obligations of the Convention.

Discrimination on the basis of race and colour. The Committee recalls that one of the issues addressed during the discussion in the Conference Committee on the Application of Standards in June 2006 was concerning vacancy announcements that discriminate on grounds of race and colour. The Committee notes with regret that even though it has been commenting on this matter for many years, the Government indicates that it does not have sufficient information concerning concrete cases. The Committee requests the Government to take the necessary measures to investigate the existence of this discriminatory practice and to address it effectively with a view to eradicating it. The Committee requests the Government to continue to provide information in this regard.

Sexual harassment. In its previous comments, the Committee requested the Government to: (i) ensure that complaints of sexual harassment made under the Federal Labour Act do not result in the termination of the victim’s employment and that appropriate sanctions and remedies are available; (ii) provide information on the number and nature of cases of sexual harassment filed pursuant to the Federal Labour Act; and (iii) provide information on the procedures in place for lodging complaints of sexual harassment and their application in practice, as well as any other procedures that have been established to address cases of sexual harassment in the public sector. In this regard, the Committee notes that the Government indicates that the labour reform initiative submitted to Congress in March 2010 includes provisions prohibiting sexual harassment in the workplace but that it has no information available concerning the application of the current Federal Labour Act in cases relating to sexual harassment. The Government also indicates that the General Act on the right of women to a life free of violence and the Federal Penal Code provide for penalties to punish sexual harassment. Furthermore, the National Institute of Women (INMUJERES) and the Ministry of Labour and Social Insurance (STPS) have adopted measures such as the Protocol on intervention in cases of sexual harassment within the public administration, the Labour Justice Programme and the campaign to prevent, address, sanction and eradicate sexual harassment in schools and the workplace. The Committee requests the Government to take the necessary measures in the context of the labour reform under way to ensure that complaints of sexual harassment made under the Federal Labour Act do not result in the termination of the victim’s employment. The Committee also requests the Government to provide information on the number and nature of complaints of sexual harassment, how long the procedure has taken and the results thereof, as well as on the application of the Protocol on intervention in cases of sexual harassment in practice.

Cooperation with employers’ and workers’ organizations. The Government indicates that, following the dialogue between the social partners and the Government, the STPS is promoting the insertion of a standard clause on the inclusion of persons with disabilities in the labour market to encourage the creation of high-quality jobs in the formal sector for persons with disabilities. The Committee requests the Government to continue providing information on these activities and on any other activities being developed by the Government with employers’ and workers’ organizations to promote equality of opportunity and treatment in employment and occupation and to eliminate any type of discrimination.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Complaints regarding discrimination in employment and occupation based on sex. The Committee notes that between 1 June 2006 and 15 May 2008, the National Council for the Prevention of Discrimination (CONAPRED) received 70 complaints of discrimination on the ground of pregnancy, of which 20 were resolved through conciliation and the others were withdrawn by the complainants for personal reasons. The Committee is concerned that the withdrawal of 50 complaints of discrimination on the ground of pregnancy could raise doubts as to the effectiveness of the procedure, and requests the Government to provide its assessment or that of CONAPRED regarding the reasons for the high proportion of withdrawals.

Sexual harassment. The Committee notes that sections 9(VIII) and 33(c) of the General Regulations on workers’ placement agencies published on 3 March 2006, provide that workers’ placement agencies are under an obligation to ensure that their staff refrain from acts of sexual harassment, as well as discriminatory behaviour that offends job applicants, and provides for fines from three to 315 times the minimum wage for placement agencies which violate this provision. Furthermore, the Committee notes that the General Act on access by women to a life free of violence, published on 1 February 2007, expressly prohibits violence in the workplace (section 11) and sexual harassment (section 13) in the workplace. The Committee considers that this Act may pave the way for more accessible procedures in the workplace. The Committee asks the Government to provide information on the procedures for lodging complaints of sexual harassment and how such complaints are addressed in practice under the General Regulations on workers’ placement agencies and the General Act on access to women to a life free of violence. Please also provide information on any other procedures that have been established, for example, through regulations or collective agreements, to address sexual harassment in the public sector.

Labour inspection. The Committee notes that, according to the report, the Ministry of Labour and Social Insurance has specific and specialist training programmes aimed at staff involved in the inspection process. Furthermore, in coordination with the National Committee for Human Rights, lectures on human rights have been given to public servants appointed to the federal labour inspection area. The Committee requests the Government to continue to provide information on the training undertaken for labour inspectors, and any information on inspections carried out related to discrimination, and the outcome thereof, including in export processing zones. Please also provide copies of relevant training and awareness-raising material produced relating to discrimination.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Pregnancy testing in export processing enterprises and other discriminatory practices. During the discussion in the Conference Committee on the Application of Standards in June 2006, 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.

Mechanisms to assess the impact of measures adopted and progress achieved. The Committee notes that, according to the Government’s report, no formal reports of discrimination were received during the inspections carried out by the Ministry of Labour and Social Insurance (STPS) in export processing enterprises during the period covered by the report. The Committee notes that the Government has not provided the information requested by the Committee on the mechanisms to monitor the situation in practice and any changes in the situation or any other information enabling the Committee to gain a clearer understanding of the situation and of the impact of the action taken. The Committee asks the Government to provide this information, in particular with regard to mechanisms to monitor the situation in practice which will allow an assessment to be made of the impact of the measures adopted to eliminate discrimination in export processing enterprises. It also requests information on the cases alleging discrimination based on sex in export processing enterprises presented to local and federal conciliation and arbitration boards or to Mexican tribunals or any other competent body, and on the manner in which these cases have been resolved.

Legislation. The Committee notes that, according to the Government’s report, it has not yet published the amendment to the Federal Labour Act expressly prohibiting discrimination based on sex and maternity in recruitment and employment. The Committee requests the Government to continue its efforts to have this amendment adopted, and hopes that it will be able to report progress in this regard in its next report.

Promotional and preventive activities. In 2007, the Committee noted 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 notes that, according to the Government’s report, the National Programme for the Prevention and Elimination of Discrimination published in 2006, to which it referred in its previous report, was valid for only six months due to a change in leadership of the Federal Executive and that, for that reason, the National Council for the Prevention of Discrimination (CONAPRED) did not have the opportunity to establish indicators and carry out the planned monitoring.

The Committee notes that the executive, legislative and judicial authorities signed the 2007 National Pact on equality between men and women, the general objective of which is to give priority to the promotion of equality of treatment and opportunity between men and women and eliminate violence towards women. The specific objective is to establish the commitment of the various government bodies and authorities as well as public and private entities to give effect to the provisions of the Constitution and of the international treaties concerning equality between men and women. It also notes that, on 10 March 2008, the National Programme for Equality between Men and Women 2008-12 (PROIGUALDAD) was presented. The Committee asks the Government to provide information on the measures and activities undertaken and progress achieved under the 2007 National Pact and PROIGUALDAD, including details regarding any monitoring mechanisms and indicators, and copies of any reports or evaluations prepared.

Sexual harassment. In 2007, the Committee requested the Government to indicate whether it has envisaged introducing machinery and easily accessible procedures for women workers to lodge complaints of sexual harassment and also asked the Government to address the issue of remedies and sanctions in this regard. The Committee notes that, according to the report, the various proposals for the reform of the Federal Labour Act include a proposal relating to sexual harassment which provides for a fine of between 250 and 5,000 times the monthly salary for employers who commit discrimination or acts of sexual harassment. The Committee draws the Government’s attention to its continued concern about the fact that, as noted previously, the procedures available end in the termination of the employment relationship and the payment of compensation. It previously commented that, even though the victim of harassment is entitled to compensation, their dismissal is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints. As indicated by the Committee in its General Survey of 1988 on equality in employment and occupation, “Effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal” (paragraph 226). The Committee asks the Government to ensure that complaints of sexual harassment under the Federal Labour Act do not result in the termination of the victim’s employment, and that appropriate sanctions and remedies are available. It also requests the Government to provide information on the number and nature of cases of sexual harassment filed pursuant to the Federal Labour Act, how long the procedure has taken, and the results thereof.

Cooperation with employers’ and workers’ organizations. In 2007, the Committee noted that the Confederation of Mexican Workers (CTM) indicated that it had 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. The Committee requested the Government to provide information on the practical measures taken pursuant to this cooperation and the results achieved. The Committee notes that, according to the report, the CTM has not yet replied to the request of the Government of Mexico to provide such information. The Committee requests the Government to provide information on the activities being developed by the Government in cooperation with employers’ and workers’ organizations to promote equal opportunities in employment and occupation and to eliminate all forms of discrimination.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Complaints regarding discrimination in employment and occupation based on sex. The Committee notes that women workers may lodge complaints through the National Institute of Women (INMUJERES), the Ministry of Labour’s Directorate General for Equality and Gender, the Office of the Federal Prosecutor for the Defence of Labour (PROFEDET), the National Council for the Prevention of Discrimination (CONAPRED), and conciliation and arbitration boards. The Committee notes that between 1 July 2004 and 15 May 2006, CONAPRED received 21 complaints of dismissals and discrimination on the ground of pregnancy, and that where conciliation between the parties failed, the complaints were referred to the competent labour authorities. Please indicate the manner in which these cases were resolved, specifying any remedies provided or sanctions imposed, and continue to provide information on the number and nature of complaints filed.

2. Labour inspection. The Committee notes that in the National Human Rights Programme, promulgated in the Diario Oficial de la Federación (Official Journal) of 5 August 2005, the activities enumerated include training for the labour inspectorate and extension of their authority to address complaints of gender-based human rights violations in enterprises, and impose penalties. The Committee requests the Government to keep it informed of training activities for the labour inspectorate and the implementation of the inspectorate’s extended authority. The Committee also requests the Government to provide information on the labour inspectorate’s activities in the maquila industry, particularly in the area of gender-based discrimination.

3. Sexual harassment. In its previous comments, the Committee noted that according to the report, sexual harassment is forbidden by inference in the legislation and the penalties therefore have their basis in the Political Constitution and the Federal Labour Act, sections 2, 3, 5, 31, 46, 50, 51, 51 (I) and (IV), 52, 56, 86, 132, 133 (I) and (VII), the provisions of which may be relied on in terminating the employment relationship, without the workers being at fault and upon the payment of appropriate compensation. The Committee requested the Government to indicate whether it considered introducing measures and easily accessible procedures for women workers to complain of sexual harassment, and also whether it envisaged the possibility that complaints of sexual harassment in the workplace should not result in the termination of the victim’s employment, as this amounts to a penalty against the victim. The Committee notes that INMUJERES has devised a strategy for public enterprises, entitled “Critical path for dealing with instances of sexual harassment at work”. While noting that, according to the Government, the issue of sexual harassment is not dealt with expressly or recognized in the Convention, the Committee points out that, in its general observation of 2002 on the Convention, it observed that “sexual harassment is a form of discrimination and should be addressed within the requirements of the Convention. Thus, in accordance with the Convention’s requirements to prohibit sex discrimination and adopt a policy to promote equality of opportunity and treatment, measures should be taken to address sexual harassment. In view of the gravity and serious repercussions of this practice, the Committee urges the Government to take appropriate measures to prohibit sexual harassment in employment and occupation.” The Committee also recalls that “effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal” (General Survey of 1988 on equality in employment and occupation, paragraph 226). The Committee accordingly once again requests the Government to indicate whether it has envisaged introducing machinery and easily accessible procedures for women workers to complain against sexual harassment. The Committee also asks the Government to take steps so that complaints of sexual harassment in the workplace do not result in the termination of the victim’s employment since, even though the victim is entitled to compensation, dismissal is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints.

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Sexual harassment. With reference to its general observation of 2002, the Committee notes the information provided by the Government to the effect that Mexican labour legislation does not contain an explicit provision prohibiting sexual harassment in employment or education. However, the Government states that the prohibition of sexual harassment can be inferred from the legislation and sanctions are established on the basis of the Political Constitution and the Federal Labour Act in sections 2, 3, 5, 31, 46, 50, 51 (I and IX), 52, 56, 86, 132, 133 (I and VII), the provisions of which may serve as a basis for action to terminate the employment relationship, without the victim being at fault and with the payment of the corresponding compensation. Furthermore, sexual harassment is classified as an offence in section 259bis of the Federal Penal Code. It also indicates that, during the period covered by the report, no complaints of sexual harassment are known to have been brought to the competent labour authorities.

2. The Committee requests the Government to indicate whether it has considered introducing measures and easily accessible procedures for women workers to complain of sexual harassment, and also whether it has envisaged the possibility that complaints of sexual harassment in the workplace should not result in the termination of the victim’s employment since, even though the victim is entitled to compensation, the dismissal of the victim is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints. As indicated by the Committee in its General Survey of 1988 on equality in employment and occupation, "effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal" (paragraph 226).

3. The Committee notes the information on labour inspections, and particularly that between 1 January 2003 and 30 June 2004, a total of 10,898 inspections were carried out of general conditions of work in enterprises subject to the federal jurisdiction throughout the country, without detecting any violations related to the Convention through the inspections or complaints from workers. The Committee recalls that the promotion of equality of opportunity and treatment does not aim at a stable situation that may be attained once and for all, but rather requires a permanent process in which the functions of monitoring, advice and information which have to be undertaken by the labour inspection services are mutually reinforcing and supplementary. Noting the absence of detection of violations by the labour inspectors does not imply that equality has been achieved, the Committee would therefore be grateful if the Government would indicate whether labour inspectors have received the necessary training in all matters relating to equality of opportunity and treatment so that they can provide advice and appropriate information in this field.

4. The Government also indicates that since 2002 the National Institute for Women has been organizing workshops with trade union organizations on gender and work in which it has included the subject of sexual harassment with a view to raising awareness, prevention and the establishment of measures by trade unions to repress sexual harassment. It also refers to conferences held on this subject. With regard to cooperation with organizations of employers and workers to address sexual harassment through collective agreements and policies, the Government indicates that up to now no occupational organization has provided the Government of Mexico with information on the existence of this type of cooperation. The Committee would be grateful if the Government would indicate whether, during the period covered by its next report, cooperation initiatives have been undertaken with employers’ and workers’ organizations to address the issue of sexual harassment.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Pregnancy tests and other similar discriminatory practices in export processing enterprises. For a number of years, the Committee has been examining allegations received concerning a series of systematic discriminatory practices against women in access to employment in export processing zones (maquiladoras). These practices relate to the requirement of pregnancy tests and other similar discriminatory practices as a precondition for access to employment in export processing zones, with such practices also being applied against women who are already employed in these zones. In its previous observation, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) according to which there exist grave cases of discrimination against pregnant women, particularly in export processing enterprises, where they are denied leave and other statutory rights related to maternity, or are compelled to work under hazardous and difficult conditions to dissuade them from continuing to work. The ICFTU also indicates that many employers require pregnancy tests prior to the recruitment of women and that in many cases the authorities are accomplices to these practices.

2. In its previous comments, the Committee once again reiterated that the alleged practices referred to in paragraph 1 would constitute discrimination in employment and occupation on the ground of sex and it requested the Government to investigate the existence of these practices and, where found, to take the necessary measures to punish and eliminate such discriminatory practices. In this context, it requested the Government to consider the possibility of amending the Federal Labour Act (LFT) to prohibit explicitly discrimination based on sex and maternity in relation to recruitment and hiring for employment and in conditions of employment. The Committee also requested the Government to provide detailed information in its next report on any measures adopted and the progress achieved in eliminating such discriminatory practices, and it requested it to provide information on the cases lodged with local and federal conciliation and arbitration boards, or with Mexican courts alleging discrimination on grounds of sex.

3. The Committee notes the Government’s reply on the various aspects of the issue that have been raised. It notes with interest the Government’s indication that in 2002 the Secretary of Labour and Social Insurance and the President of the National Council of the Maquiladora Industry, A.C. (CNIME), concluded an agreement for concerted action to contribute to the continued improvement of labour conditions for women at work in the maquiladora industry. Through this agreement, the CNIME undertook, among other actions: to promote in each of its member maquiladora enterprises in the country the dissemination of national legislation and international treaties on the rights of women workers; to promote national and regional campaigns with the support of the services of the Secretariat of Labour; to recommend to its member enterprises that no kind of pregnancy test should be required; to promote working time arrangements which allow women who are mothers to be with their children for longer; and to promote and raise awareness that enterprises must not dismiss or exert pressure on woman workers on grounds of maternity. In the context of the above agreement, 15 further agreements have been signed with governments of federal States, employers’ associations and associations of professional women, through which the Secretariat of Labour and Social Insurance is seeking to achieve an improvement in the working conditions of women. The Committee would be grateful if the Government would provide information on the implementation of this agreement, the number of workers covered by the agreement and the results achieved.

4. The Committee also notes the information provided by the Government on the activities of the National Institute for Women, and particularly that emphasis has been placed on eliminating the requirement of pregnancy tests as a condition to obtain a job. The Government adds that the project More and Better Jobs for Women in Mexico, undertaken in collaboration with the ILO, launched a second project phase in December 2003 in Chiapas, Chihuahua, Veracruz and Yucatán. Its objective is to promote new job opportunities for women in the informal economy in Chiapas, Veracruz and Yucatán and to improve the labour rights of women employees in the maquiladora industry in Chihuahua and Yucatán by means of: awareness-raising campaigns on labour rights and obligations; training focusing on gender, human and vocational development, technical and administrative skills, and safety and health; and the establishment of micro-enterprises and sales outlets for products. The Committee would be grateful if the Government would continue to provide information on the activities of the National Institute for Women, including providing a copy of its annual report, and the results achieved by the project, particularly in maquiladora enterprises.

5. While noting with interest the policies implemented by the Government to promote equality of opportunity and treatment and to eradicate the requirement of pregnancy tests and similar discriminatory practices in maquiladoras, the Committee regrets to note that the report does not contain information on the investigations carried out on such practices, and the penalties imposed or envisaged. The Committee hopes that the Government will develop mechanisms to investigate, and assess the extent and trends of such practices. Although the Committee is aware of the efforts made by the Government to prevent these practices, it considers that it would be appropriate to establish means of assessing the impact of the measures adopted by the Government and the progress achieved in this respect. It therefore once again requests the Government to provide information on any investigations carried out, the means of monitoring the situation and trends, and the penalties imposed or envisaged.

6. The legislation. The Committee also notes that, in its reply, the Government once again indicates that sections 3(2) and 133 of the Federal Labour Act already prohibit employers from refusing to accept workers or from establishing distinctions on grounds of age or sex. The Government indicates that, in the framework of the "New Labour Culture", work is being carried out on a legislative reform which is intended to promote training, participation and the fair remuneration of workers. The Committee hopes that the Government will take the opportunity of this reform to establish an explicit prohibition of discrimination on the basis of sex and maternity in relation to recruitment, hiring for employment and conditions of employment, and that it will keep the Committee informed in this respect.

7. The Committee notes with interest the adoption on 10 June 2003 of the federal Act to prevent and eliminate discrimination. This Act contains measures for the prevention of discrimination, for affirmative action and compensation to promote equality of opportunity and establishes a National Council for the Prevention of Discrimination. The Government indicates that section 4 of the Act provides that, for the purposes of the Act, discrimination shall mean any distinction, exclusion or restriction based, inter alia, on sex and pregnancy. Section 9(III, IV and V) of the Act considers to be discriminatory conduct, inter alia, the restriction of opportunities for access to, remaining in and progression in employment. The Committee notes that the Act does not establish penalties or sanctions, but rather promotional administrative measures, and that section 83, which governs these measures, provides that their imposition on individuals shall be conditional upon them having accepted the corresponding conciliation agreement. The Committee requests the Government to specify the private sector workers to whom these sections of the Act apply, including information in this respect on maquiladoras.

8. Complaint procedures. The Government also indicates that complaints relating to the application of the Convention have so far not been lodged with the competent authorities. The Committee requests the Government to provide information on the complaints which have been made, the procedures that are available and the penalties applicable for the imposition of pregnancy tests and similar practices in the maquiladoras referred to in paragraph 1, and on the investigations carried out in this connection.

9. Vacancy announcements that are discriminatory on grounds of race and colour. The Committee notes the Government’s observations on the comments made by the ICFTU, to which the Committee referred in the second paragraph of its previous observation. These comments indicated that vacancy announcements establish specific profiles of candidates, which often include light skin. In its reply, the Government states that, in addition to being a general and groundless allegation, no explanation is provided as to how the indigenous population is being discriminated against. The Committee refers to Article 1, paragraph 2, of the Convention, under the terms of which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, while paragraph 1(a) of the same Article sets forth the grounds on which the Convention explicitly prohibits any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. As colour is one of the grounds explicitly prohibited by the Convention, a vacancy announcement which requires light skin would be discriminatory on the basis of a criterion prohibited by the Convention. In paragraph 33 of its General Survey of 1988, the Committee indicated, with reference to race and colour, that what is really at issue is the negative aspects that the author of the discrimination imputes to the person who is the object of discrimination. The Committee would be grateful if the Government would indicate whether this type of announcement is prohibited and requests it to provide information on any measures adopted or envisaged in this respect.

10. The Committee notes that the Government has provided comments on the communication of the Mexico Union of Electricians dated 28 September 2001. The Committee will review these comments when it examines the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. With reference to its previous request, the Committee once again asks the Government to indicate whether the seminars, meetings and conferences, the Action Plan "More and Better Jobs for Women in Mexico", and the awareness campaigns on labour rights and obligations for women, undertaken by the General Directorate of Equality and Gender, include the problem of compulsory pregnancy tests as part of the recruitment procedure, especially in export processing zones. Please provide copies of related materials, such as pamphlets, reports and directives.

2. The statistical information provided by the Government shows that in June 1999 women accounted for 49 per cent of the workforce in the maquiladora industry. However, while women represent almost half of workers in export processing zones, most of them are concentrated in the lower wage scales. For example, women account of 22 per cent of managerial posts, compared with 55 per cent of jobs as general workers, and their wages are lower than those of men at all levels. The Committee therefore requests the Government to continue providing information on the measures which have been taken or are envisaged in relation to training and employment services so that women can have access to higher skilled and better paid jobs and it asks it to provide information on any progress achieved in this respect.

3. With reference to its previous comments in which it requested information on the remedial programmes intended to overcome the educational backwardness of rural and indigenous communities, the Committee notes the Government’s indication that it is providing support for academic training for indigenous people through a programme of grants for poor indigenous students. Noting that this programme is intended for university-level students, the Committee requests the Government to provide information on the efforts made to ensure that members of rural and indigenous communities, and particularly women, have access to both primary and higher education.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the observation provided by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, and the comments sent by the Government in relation to this observation. The ICFTU states that there exist grave cases of discrimination against pregnant women, particularly in export processing enterprises (maquiladora industry), where they are denied leave and other statutory rights related to maternity, or they are compelled to work under hazardous and difficult conditions to dissuade them from continuing working. The report also indicates that many employers require pregnancy tests prior to the recruitment of women. The ICFTU alleges that in many cases the authorities are accomplices to these practices. The Committee notes the brief reply sent by the Government according to which in law women have the same rights and obligations as men; it also mentions some measures to protect maternity. The Committee notes that the reply from the Government to the comments sent by the ICFTU does not contain information on the situation of women in practice, mainly in export processing zones (the maquiladora industry).

2. Furthermore, according to the ICFTU, members of indigenous peoples, who constitute 10 per cent of the population, also continue to suffer problems of discrimination and have an illiteracy rate which is higher than that of the non-indigenous population. The ICFTU indicates that the majority of the members of indigenous communities do not have the opportunity to have access to skilled training courses or productive jobs or employment requiring a certain academic level. The ICFTU also alleges the existence of job advertisements seeking persons under 35 years of age, of light skin and who are physically attractive. The Government has not sent a reply to these comments.

3. The Committee notes that the matters raised by the ICFTU are closely related to the points that it raised in its previous comments. The Committee hopes that the Government will provide full particulars on the matters raised above by the ICFTU, as well as on the Committee’s previous comments, which were contained in a direct request and an observation, the latter of which read as follows:

1. The Committee notes the information contained in the Government’s report and the comments of the Confederation of Workers of Mexico (CTM) and the Confederation of Industrial Chambers of the United States of Mexico that were received together with the report. It also notes the communication dated 28  September 2001 from the Mexican Union of Electricians respecting the application in Mexico of Convention No. 111 and of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Noting that the Government’s comments on the latter communication have not been received, the Committee will defer its examination of it until its next session in 2002.

2. The Committee refers to its previous comments on the allegations received over various years concerning a series of systematic discriminatory employment practices in export processing zones (the maquiladora industry). These practices discriminate against women by requiring pregnancy tests and other discriminatory practices as a condition for access to employment in maquiladoras. These practices are also carried out against women already employed in maquiladoras. The Committee notes that allegations concerning these discriminatory practices have been the subject of ministerial consultations in the context of the North American Agreement on Labour Cooperation (NAALC). The Committee previously requested the Government to investigate these allegations and, as appropriate, to take measures to bring them to an end. It had also requested information on the measures taken in practice or which were envisaged to investigate, punish and eliminate such practices, which are in violation of sections 133 and 164 of the Federal Labour Act (LFT).

3. The Committee notes the amendment on 14 August 2001 to article 1 of the Constitution setting out the principle of non-discrimination, which reads as follows: "All discrimination shall be prohibited on grounds of ethnic or national origin, gender, age, differences in capacities, social situation, health condition, religion, opinion, preference, civil status or any other characteristic prejudicial to human dignity and which is for the purpose of nullifying or prejudicing the rights and freedoms of the individual." The Government indicates that section 133 of the Federal Labour Act (LFT) provides that it is prohibited for employers to refuse to accept workers for reasons of age or sex, and that it is through this provision that the LFT regulates admission to employment. It adds that, although Mexican legislation does not specifically cover the issue of discrimination in admission to employment, the Government has taken measures with a view to following up the observations of the Committee of Experts in this regard. The Committee notes the information provided by the Government on the measures of a general nature, including the national consultation initiated by the Secretariat for Labour and Social Insurance, the functions of the Office of the Federal Labour Attorney and the information campaign seeking to promote the integration of women into formal work under conditions of equality of opportunity and treatment. It notes the information campaign carried out by the Secretariat for Labour and Social Insurance targeting indigenous women in urban areas.

4. The Committee notes with interest the adoption of the Act respecting the National Institute for Women, published in the Diario Oficial of the Federation on 12 January 2001. It notes that the Institute is currently developing the National Programme for Equality of Opportunity and Non-Discrimination. The Committee would be grateful if the Government would keep it informed of the activities of the Institute relating to the application of the Convention. The Committee also notes the training courses on gender organized in the context of the Plan of Action for More and Better Jobs, and particularly the training workshop on gender for 38 federal and local labour inspectors. Recalling the Government’s statement in its previous report that it was planned to extend the Plan of Action to the remaining frontier states, the Committee requests the Government to provide information in this respect in its next report. In this context, the Committee notes the Government’s statement that the Federal Labour Inspectorate and the Secretariat for Labour and Social Insurance have carried out inspections concentrating on the issue of discrimination, and particularly in the export processing industry. The Government states that between 1998 and 2000 a total of 27,387 inspections were carried out in enterprises in which 1,133,059 women workers were engaged. The Committee notes, as it has in its previous comments, that these figures refer to women who are already employed and not women at the stage of recruitment or hiring.

5. The Committee notes the Government’s statement that the maquiladora industry has been one of the most important sources of the creation of jobs for women and that women account for the majority of the workforce in this industry. In view of the high proportion of women employed in the Mexican maquiladora industry, the Committee considers that special efforts should be made to ensure that women workers do not suffer discrimination in employment and that they have access to training opportunities and better jobs.

6. The CTM indicates that Chapter 1 of the Constitution of Mexico provides that "the principle of equality for all inhabitants of the country is based in the enjoyment of the fundamental rights established by the Federal Constitution, irrespective of the condition of Mexican or foreign nationality, race, religion or sex". The CTM adds that treatment in relation to employment and occupation and social security is equal in Mexico and that the right to equality is set out in the Federal Labour Act and the social security legislation.

7. The Confederation of Industrial Chambers of the United States of Mexico endorses the comments of the CTM and indicates that Mexican employers agree on compliance with the principles of non-discrimination for and in employment.

8. The Committee once again reiterates that the alleged practices referred to above in paragraph 2 constitute discrimination in employment and occupation on grounds of sex and requests the Government to take appropriate measures to investigate and eliminate such discriminatory practices. In this context, it requests the Government to amend the LFT to explicitly prohibit discrimination based on sex in recruitment and hiring for employment and in conditions of employment. The Committee requests the Government to provide detailed information in its next report on any measure that has been adopted and the progress achieved in eliminating such discriminatory practices, and it also requests the Government to provide information on the cases lodged with local and federal Conciliation and Arbitration Boards and Mexican courts alleging discrimination on grounds of sex.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. With reference to its previous request, the Committee once again asks the Government to indicate whether the seminars, meetings and conferences, the Action Plan "More and Better Jobs for Women in Mexico", and the awareness campaigns on labour rights and obligations for women, undertaken by the General Directorate of Equality and Gender, include the problem of compulsory pregnancy tests as part of the recruitment procedure, especially in export processing zones. Please provide copies of related materials, such as pamphlets, reports and directives.

2. The statistical information provided by the Government shows that in June 1999 women accounted for 49 per cent of the workforce in the maquiladora industry. However, while women represent almost half of workers in export processing zones, most of them are concentrated in the lower wage scales. For example, women account of 22 per cent of managerial posts, compared with 55 per cent of jobs as general workers, and their wages are lower than those of men at all levels. The Committee therefore requests the Government to continue providing information on the measures which have been taken or are envisaged in relation to training and employment services so that women can have access to higher skilled and better paid jobs and it asks it to provide information on any progress achieved in this respect.

3. With reference to its previous comments in which it requested information on the remedial programmes intended to overcome the educational backwardness of rural and indigenous communities, the Committee notes the Government’s statement that it is providing support for academic training for indigenous people through a programme of grants for poor indigenous students. Noting that this programme is intended for university-level students, the Committee requests the Government to provide information on the efforts made to ensure that members of rural and indigenous communities, and particularly women, have access to both primary and higher education.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information contained in the Government’s report and the comments of the Confederation of Workers of Mexico (CTM) and the Confederation of Industrial Chambers of the United States of Mexico that were received together with the report. It also notes the communication dated 28 September 2001 from the Mexican Union of Electricians respecting the application in Mexico of Convention No. 111 and of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Noting that the Government’s comments on the latter communication have not been received, the Committee will defer its examination of it until its next session in 2002.

2. The Committee refers to its previous comments on the allegations received over various years concerning a series of systematic discriminatory employment practices in export processing zones (the maquiladora industry). These practices discriminate against women by requiring pregnancy tests and other discriminatory practices as a condition for access to employment in maquiladoras. These practices are also carried out against women already employed in maquiladoras. The Committee notes that allegations concerning these discriminatory practices have been the subject of ministerial consultations in the context of the North American Agreement on Labour Cooperation (NAALC). The Committee previously requested the Government to investigate these allegations and, as appropriate, to take measures to bring them to an end. It had also requested information on the measures taken in practice or which were envisaged to investigate, punish and eliminate such practices, which are in violation of sections 133 and 164 of the Federal Labour Act (LFT).

3. The Committee notes the amendment on 14 August 2001 to article 1 of the Constitution setting out the principle of non-discrimination, which reads as follows: "All discrimination shall be prohibited on grounds of ethnic or national origin, gender, age, differences in capacities, social situation, health condition, religion, opinion, preference, civil status or any other characteristic prejudicial to human dignity and which is for the purpose of nullifying or prejudicing the rights and freedoms of the individual." The Government indicates that section 133 of the Federal Labour Act (LFT) provides that it is prohibited for employers to refuse to accept workers for reasons of age or sex, and that it is through this provision that the LFT regulates admission to employment. It adds that, although Mexican legislation does not specifically cover the issue of discrimination in admission to employment, the Government has taken measures with a view to following up the observations of the Committee of Experts in this regard. The Committee notes the information provided by the Government on the measures of a general nature, including the national consultation initiated by the Secretariat for Labour and Social Insurance, the functions of the Office of the Federal Labour Attorney and the information campaign seeking to promote the integration of women into formal work under conditions of equality of opportunity and treatment. It notes the information campaign carried out by the Secretariat for Labour and Social Insurance targeting indigenous persons in urban areas.

4. The Committee notes with interest the adoption of the Act respecting the National Institute for Women, published in the Diario Oficial of the Federation on 12 January 2001. It notes that the Institute is currently developing the National Programme for Equality of Opportunity and Non-Discrimination. The Committee would be grateful if the Government would keep it informed of the activities of the Institute relating to the application of the Convention. The Committee also notes the training courses on gender organized in the context of the Plan of Action for More and Better Jobs, and particularly the training workshop on gender for 38 federal and local labour inspectors. Recalling the Government’s statement in its previous report that it was planned to extend the Plan of Action to the remaining frontier states, the Committee requests the Government to provide information in this respect in its next report. In this context, the Committee notes the Government’s statement that the Federal Labour Inspectorate and the Secretariat for Labour and Social Insurance have carried out inspections concentrating on the issue of discrimination, and particularly in the export processing industry. The Government states that between 1998 and 2000 a total of 27,387 inspections were carried out in enterprises in which 1,133,059 women workers were engaged. The Committee notes, as it has in its previous comments, that these figures refer to women who are already employed and not women at the stage of recruitment or hiring.

5. The Committee notes the Government’s statement that the maquiladora industry has been one of the most important sources for the creation of jobs for women and that women account for the majority of the workforce in this industry. In view of the high proportion of women employed in the Mexican maquiladora industry, the Committee considers that special efforts should be made to ensure that women workers do not suffer discrimination in employment and that they have access to training opportunities and better jobs.

6. The CTM indicates that Chapter 1 of the Constitution of Mexico provides that "the principle of equality for all inhabitants of the country is based in the enjoyment of the fundamental rights established by the Federal Constitution, irrespective of the condition of Mexican or foreign nationality, race, religion or sex". The CTM adds that treatment in relation to employment and occupation and social security is equal in Mexico and that the right to equality is set out in the Federal Labour Act and the social security legislation.

7. The Confederation of Industrial Chambers of the United States of Mexico endorses the comments of the CTM and indicates that Mexican employers agree on compliance with the principles of non-discrimination for and in employment.

8. The Committee once again reiterates that the alleged practices referred to above in paragraph 2 constitute discrimination in employment and occupation on grounds of sex and requests the Government to take appropriate measures to investigate and eliminate such discriminatory practices. In this context, it requests the Government to amend the LFT to explicitly prohibit discrimination based on sex in recruitment and hiring for employment. The Committee requests the Government to provide detailed information in its next report on any measure that has been adopted and the progress achieved in eliminating such discriminatory practices, and it also requests the Government to provide information on the cases lodged with the local and federal Conciliation and Arbitration Boards and Mexican courts alleging discrimination on grounds of sex.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the full statistical information sent by the Government in respect of levels of education, benefits and wages, disaggregated by sex. The Committee observes with interest that participation by women in the economically active population increased by two points between 1996 and 1998. The 1996 figure of 34.8 per cent rose to 36.9 per cent in 1998. However, it observes that the male figures for the same dates are 77.71 per cent and 78.2 per cent respectively. The Committee requests the Government to continue supplying information on developments in the situation.

2. Furthermore, in the table on working population showing the level of income according to sex and branch of economic activity for 1998, it can be seen that the proportion of women is higher in the lower wage scales. For example in the case of the mining, processing and electrical industries, 24.7 per cent of women working in the sector are to be found in the lower scale, as compared to men for whom the figure is 8.4 per cent. Consequently, to enable women to obtain more skilled and better paid employment, the Committee requests the Government to renew its efforts in training, and to keep it informed on any progress achieved in this regard. The Committee would also like to know whether the category under the heading "mining, processing and electrical industries" includes workers from export processing zones and asks the Government, when sending the next statistics, to include statistical data on export processing zones similarly disaggregated.

3. Having noted the information contained in the government report, the Committee requests the Government to indicate whether the seminars, meetings and conferences, the Action Plan "More and Better Jobs for Women in Mexico", and also the awareness campaigns on labour rights and obligations for women undertaken by the General Directorate of Equality and Gender, include the problem of compulsory pregnancy tests as part of the recruitment procedure, especially in export processing zones. Please supply copies of such material including, for example, pamphlets, reports, directives, etc.

4. The Committee also notes that, as stated in the presentation of the third and fourth periodic reports of Mexico to the Committee on Elimination of Discrimination Against Women, in Chiapas 32.8 per cent of women over 15 years' old are illiterate, while 19.4 per cent of men of the same age are illiterate too. In Guerrero, these percentages stand at 28.1 for women and 19.6 for men. The same holds true in Oaxaca, where the figures are 29 per cent for women and 16.8 per cent for men. It also indicates that 48.9 per cent of indigenous women over 15 years of age can neither read nor write, a percentage roughly 20 per cent superior to the figure for men. The Committee also notes that compensatory programmes have been established aimed at overcoming educational backwardness in rural and indigenous communities. The Committee recalls that the generalization of free compulsory primary education remains one of the basic elements of a policy of equality of opportunities and treatment in employment and occupation. The Committee, taking account of the special difficulties in access to education of women who are also indigenous or live in poor rural zones, would like to be kept informed of the compensatory programmes regarding the sectors mentioned above, as well as on any other measure adopted, and on the development of the situation with regard to the education of indigenous women in the states mentioned.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report. In previous requests, the Committee had noted information regarding a series of discriminatory employment practices against women in the export processing zone industry (maquiladoras), such as subjecting women seeking employment to pregnancy tests and other discriminatory practices as a condition to obtaining employment. It had requested the Government to investigate these allegations and, where necessary, take action to end these practices. The Committee notes the information provided by the Government on general measures, but observes that the Government's report contains no information on definite measures adopted or envisaged to investigate, penalize or eradicate such practices, which are in violation of sections 133 and 146 of the Federal Labour Code.

2. The Committee notes the Government's statement that measures to combat the alleged discriminatory employment practices against women in export processing zones were agreed upon in the framework of the North American Agreement on Labour Cooperation (NAALC) and were developed in a ministerial meeting in November 1998, in a seminar held in August 1999 on "Employment Rights and the Protection of Women Workers in Mexico" and in the Trinational Conference on "The Rights of Women Workers in North America: Protection of Women at the Workplace" in March 1999. The Committee also notes that within the Action Plan "More and Better Jobs for Women in Mexico", there is a pilot project on export processing enterprises in the State of Coahuila and that the extension of the action plan to the rest of the frontier States is programmed. These activities will no doubt contribute to ensuring greater equality between men and women at work. The Government reports that as a result of meetings held in 1997 with counsellors and representatives of the National Council of Associations of Export Processing Zones and the National Council of the Export Processing Industry, 809 labour inspections were undertaken, covering 138,712 women workers, of which 3,414 were pregnant and 484 nursing. The Committee observes that these results refer to women who were already in employment and not to women at the time of their recruitment.

3. The Committee nonetheless observes that discriminatory practices against women workers in export processing zones continue to occur. For example, women are required to provide urine samples and, during the probationary period, provide proof to the enterprise of the continuation of their menstrual cycles. According to the concluding observations of the United Nations Committee on Human Rights, of 27 July 1999 (CCPR/C/79/Add.109, paragraph 17), information regarding the pregnancy test requirement in export processing zones continues to be received, and no investigation has been carried out in respect of the allegations; and according to the report of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.100) of September 1998, export processing zones impose pregnancy tests on women as a condition of employment and deny them work if the result is positive. In some cases, if a woman becomes pregnant shortly after she begins to work in the plant, she may be mistreated and forced to leave her job for that reason (paragraph 633).

4. The Committee reiterates that these practices constitute discrimination based on sex in respect of access to employment and are both offensive and contrary to human dignity. As it states in paragraph 82 (access to wage employment) of its 1996 Special Survey on equality in employment and occupation, the application of the principle of equality of opportunity and treatment guarantees that every person has the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds referred to in the Convention. The recruitment procedure is of considerable importance for the effective application of this right. Similarly, paragraph 76 of the General Survey on equality in employment and occupation, 1988, establishes that the protection provided for in the Convention is not only applicable to the treatment accorded to a person who has already gained access to employment or to an occupation, but is extended expressly to the possibilities of gaining access to employment or to the occupation.

5. The Committee trusts that the Government will take appropriate measures to investigate and eliminate such discriminatory practices and thus bring their legislation and practice into conformity with the Convention; these measures could include, for example, sending a clear message to employers and workers to the effect that all action taken with a view to requiring women to undergo pregnancy tests constitutes discrimination based on sex; taking measures to penalize employers who persist in imposing such discriminatory practices; establishing of effective mechanisms of prevention, complaint, investigation and compensation where appropriate and, to this end, strengthening the labour inspection services and involving the bodies specialized in promotion and prevention, application and monitoring of the principle of the Convention.

6. The Committee requests the Government to keep it informed on the measures adopted and progress attained in the elimination of such discriminatory practices.

7. The Committee is addressing a request on certain points directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Equality between men and women in employment. The Committee notes the information in the Government's report, in particular that, of the total number of people employed in export industry plants (maquiladora) in 1996 (the most recent year), the number of women exceeded that of men by almost 40 per cent. Similarly, the Committee notes from the Government's report "Alliance for Equality -- National Programme for Women -- 1995-2000", in the section "Economic Participation of Women", that the "feminization" of certain occupations and branches of activity has not been translated into better working conditions, which continue to be characterized by wage discrimination and lack of equality of opportunity in occupation and training, together with the failure to comply with labour laws.

2. In this respect, the Committee cannot fail to note persistent information regarding a series of discriminatory employment practices against women in relation to men, in particular in maquiladora plants based on foreign capital, some of which require pregnancy tests as a condition of employment. Female workers appear to be subjected to compulsory pregnancy tests during employment and questions as to the means of contraception they use and their sexual habits; in cases where they prove to be pregnant, they are dismissed as a means of avoiding the costs which would result from a pregnancy for the company concerned.

3. The Committee recalls that both in its 1988 General Survey on equality in employment and occupation and in its 1996 Special Survey, it pointed out that the specific attitude of a public authority or a private individual that treats unequally persons or members of a group on the basis of a prohibited ground constitutes discrimination in practice. Furthermore, the discriminatory nature of the distinctions based on pregnancy, childbirth or its possible medical consequences, obviously results from the simple fact that only women can be affected by such matters. The Committee emphasizes that such discriminatory practices against women are both offensive and contrary to human dignity. It therefore requests the Government to inform it of the measures taken to investigate these allegations and, where necessary, to take action to end these kinds of practices wherever they may occur and to inform it of any progress made in eliminating such discriminatory treatment.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information supplied in the Government's report.

In particular, it notes the numerous projects implemented within the framework of the National Action Programme for the Integration of Women in Development and the activities of the National Commission for Women during the period 1990-91: the wide scale education campaign conducted through the media of television and radio on topics such as family planning, women's equal participation and their integration in development; the training courses for women in technical, administrative and clerical skills as well as the professional training courses in areas such as psychology, nursing and pediatrics; the establishment of nurseries and communal women's committees; women's participation in national and international congresses during the period 1989-91 on various topics concerning women, including health issues and training and employment in the teaching and health and medical fields; and the projects including skills training courses for women, implemented by the National System for Integral Development of Families (DIF).

The Committee also notes the positive measures towards the implementation of the principle of non-discrimination taken through the implementation of the National Action Programme for the Integration of Women in Development for the period 1989-94, the National Training and Productivity Programme for the period 1990-94 whose objective is to promote, develop and improve workers' skills and productivity to achieve a better quality of life for workers, particularly women workers, as well as the National Accord to Raise Productivity and Quality endorsed by workers, including those in the rural sector, employers and the federal Government aimed at improving working conditions and quality of life for women workers. The Committee would be grateful if the Government would continue supplying information on measures of this kind taken or contemplated under the above-mentioned national programmes, including statistical data on the results achieved, so as to promote equality of opportunity and treatment between men and women in employment and occupation, particularly in relation to equal access to education and vocational training, to employment and to certain occupations, and terms and conditions of employment.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's report and more particularly of the activities conducted within the framework of the National Action Programme for the Integration of Women in Development and the activities of the National Commission for Women during the period 1986-89. The Committee also takes note of the detailed information provided by the Government in its report on the National Action Programme for the Integration of Women in Development for the period 1989-94. The Committee requests the Government to continue to provide information on the implementation and results of the above national programmes.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report. The Committee notes, from the indications supplied by the Government in its report, that the National Action Programme for the Integration of Women in Development guided measures concerning employment and education for the 1983-88 period and that the objective of this Programme was to achieve equality of opportunity, rights and duties for women and men.

The Committee also notes that in order to co-ordinate the activities of the various departments and bodies of the federal Government, of the Federative States and of society as a whole, the National Commission for Women was set up to act in the fields of employment, education and legislation. The Committee requests the Government to continue supplying information on the activities undertaken within the framework of the National Action Programme for the Integration of Women in Development and also on the activities of the National Commission for Women.