Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report and attached legislation, as well as the statistical information supplied.

1. The Committee notes the communications from the Unitary Confederation of Honduran Workers (CUTH), received on 25 October 1999, as an annex to the Government's report. The CUTH alleges that there is discrimination in the country with regard to employment and salaries, and it refers to discrimination on the grounds of race, sex and religion. According to the CUTH, women are penalized for refusing to engage in sexual relations with their supervisors. The Committee notes that the CUTH does not provide evidence concerning the allegations made. It would therefore appreciate receiving detailed and concrete information. It also notes that the Government replied in a general manner, having regard to the measures adopted to promote equality of opportunity and treatment in employment. The Committee requests the Government to indicate whether any complaints or claims have been brought in this regard and to supply information on any action taken as a result. The Committee would also appreciate receiving information on the legislation relative to sexual harassment and the available remedies, as well as whether informational and educational campaigns have been carried out in this area.

2. With respect to its previous comments, the Committee notes from the report that the Government has recently initiated the process of revising the Labour Code. It recalls that, with regard to the drafting of norms, the Government may avail itself of technical assistance from the Office. It once again expresses its hope that the Government will incorporate the requirements of the Convention into the new legislative text, with regard to the promotion of equality of opportunity and treatment in employment and occupation, and it requests the Government to keep it informed of the status of the revision.

3. In addition, the Committee had previously requested the Government to indicate the penalties provided for in the legislation for incidents of discrimination in employment and occupation on the grounds set forth in the Convention, in cases other than those contemplated in section 499(j) of the Labour Code. It notes that section 625(d) of the Labour Code (as amended) could be applied to incidents of discrimination. It provides for a penalty ranging from 50 to 5,000 lempiras, depending upon the particular circumstances of each case, whether it is a repeated offence, the economic condition of the offending enterprise, the violation, on the part of the employers, of any of the minimum guarantees established by the Labour Code, and provided that no special monetary penalty applies. The Committee also notes that, to date, the General Labour Inspectorate of Honduras has not uncovered any cases of discrimination. The Committee recalls that it is particularly important for labour inspectors to receive the necessary training in all areas relevant to equality of opportunity and treatment, so that they may provide appropriate assistance and information in this field. The Committee asks the Government to indicate whether it has considered the possibility of strengthening the Labour Inspectorate, and offering inspectors training in the area of equality. The Committee also points out the usefulness of having the Labour Inspectorate coordinate with those specialized bodies in equality issues.

4. The Committee had requested the Government to supply information on all measures taken or envisaged to give practical effect to the principle of the Convention through specialized bodies and remedial procedures with respect to: (a) access to vocational training; (b) access to particular jobs and occupations; and (c) terms and conditions of employment. Noting that this information was not supplied, the Committee reiterates its request and draws the Government's attention to the explanations provided in its General Survey on equality in employment and occupation, 1988, paragraphs 196-230, which sets forth examples of the manner in which difficulties encountered in preventing discrimination in practice have, in the law and practice of various countries, resulted in the adoption of specific mechanisms and procedures for overcoming these difficulties.

5. Race and colour. The Committee notes that the Government purchased 1,817 hectares of land for the Chori ethnic group, which implies, according to the report, that the Government is providing it direct support to promote rural employment and the construction of housing. This fact does not, in and of itself, enable the Committee to understand the nature of the national policy to promote equality of opportunity and treatment in employment and occupation with respect to the indigenous people and the black minority. Therefore, the Committee requests the Government to provide information on this point.

6. Sex. Noting that women make up 72.3 per cent of the labour force in the export processing zone operations, the Committee requests the Government to supply information on any policies in place or envisaged to promote equality of opportunity and treatment in the maquiladora industry. It asks the Government to provide statistical information, disaggregated by sex, on the distribution of women and men in the maquiladora industry, disaggregated by jobs, levels, and salary. Noting with interest the adoption of Act No. 313-98 on Education, and Act No. 232/98 establishing the National Institute for Women, the Committee requests the Government to provide copies of these texts, as well as information on the activities carried out relative to their implementation.