Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information provided by the Government and the attached documentation.

1. The Committee notes with interest the adoption of Decree No. 29044 TSS COMES, of 30 October 2000, establishing the National Employment Programme (PRONAE) and its Regulations; Decree No. 29221 MTSS, of 20 November 2000, establishing the Gender Equity Unit in the Ministry of Labour and Social Security; Decree No. 29219 MTSS, of 22 December 2000, issuing the rules of the National Employment Mediation Council; Administrative Instruction No. 2, of 16 May 2001, on non discrimination in employment on grounds of gender; Act No. 8107, of 18 July 2001, introducing a new 11th Title into the Labour Code, under the heading "Prohibition of Discrimination"; and Act No. 8089 respecting the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

2. The Committee notes that the new 11th Title of the Labour Code introduced by Act No. 8107 provides in section 618 for the prohibition of any discrimination in work on grounds of age, ethnic origin, gender or religion. The Committee also notes that Act No. 2694, of 22 November 1960, prohibiting discrimination at work, includes in its first section a broader definition of grounds upon which discrimination is prohibited, namely discrimination based on race, colour, sex, age, religion, civil status, political opinion, national extraction, social origin, filiation or financial situation. The Committee would be grateful if the Government would explain the compatibility between these laws and would indicate whether all of the grounds for protection set out in the Convention are effectively covered.

3. The Committee notes with interest the progress report from May 2000 to April 2001 concerning the national policy for equality and gender equity. The Committee notes that the national policy for equality for women is formulated and implemented, not by the National Institute for Women (INAMU), but within public institutions with the technical assistance and support of the Institute. It notes that the strategy has not been to formulate the policy by INAMU, but to involve and achieve the participation of men and women public servants from the beginning, focusing on the development of bottom up collaboration processes in the organizational structure. The Committee requests the Government to continue providing information on the measures adopted and the action taken, as well as the progress achieved by INAMU and the other institutions involved in developing the national policy for equality and gender equity.

4. The Committee notes the progress achieved in terms of action to promote the labour rights of women, including the training of 84 women in the fields of pregnancy and nursing, sexual harassment, discrimination in access to and promotion within employment, and occupational health. The Committee also notes the inclusion of gender considerations in 50 basic education programmes at the various levels (primary and secondary). The Committee requests the Government to continue providing information on the progress achieved in the process of training teachers and preparing teaching manuals and materials.

5. The Committee notes that no claims have been registered relating to employment and occupation in the institutions to which appeals may be made under Decree No. 27897 S issuing the regulations under the General Act on HIV/AIDS. The Committee requests the Government to continue providing information on the general application of the above Act.

6. With regard to the discrimination that may be suffered by members of indigenous peoples, the black minority and other sectors on grounds of race, colour or national extraction, the Committee reminds the Government that the existence of appropriate legislation is a necessary prerequisite, but is not sufficient in itself for the effective application of the Convention. In this respect, the Committee refers to paragraphs 206 to 234 of its Special Survey on equality in employment and occupation of 1996 and recalls that it is necessary to adopt practical measures to promote access on the basis of equality of opportunity and treatment and that the prohibition of discrimination is not sufficient in itself for its disappearance, even where the legal provisions are correctly applied. The Committee requests the Government to provide information on the measures which are being adopted or are envisaged within the context of the National Employment Programme (PRONAE) or other programmes to promote access to equality of opportunity for members of indigenous populations and the black minority.

7. The Committee requests the Government to provide statistics and data disaggregated by sex on conditions of work, wages, hours of work, etc., of workers in export processing zones so that it can ensure the application of the Convention in this respect.