Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information sent by the Government in its report.

1. The Committee notes the Government’s statement to the effect that Bill No. 538 of 9 July 1996 on equal opportunity and treatment in the selection of staff, which expressly prohibited any form of discrimination intended to nullify or impair equal opportunity and treatment in employment or occupation on the basis, inter alia, of race, age, sex, political or trade union affiliation, religion, the fact of having dependent children, matrimonial status or physical disability, has been rejected by Parliament, which ended its term in 1999. The Government indicates that it is not known whether the matter will be raised again during the Government’s present term. The Committee points out that, while appropriate domestic legislation consistent with the Convention is a necessary condition for the effective application of the Convention, it is not enough; special legislation should be adopted which specifically guarantees equal opportunity and treatment in employment and occupation and prohibits discrimination on any of the grounds set forth in the Convention. The Committee asks the Government to provide information on the measures it intends to take with a view to the enactment of such legislation.

2. With regard to the comments by the Inter-Trade Union-National Workers’ Convention Assembly (PIT-CNT) alleging that section 3(1) of Act No. 16045 of 2 June 1989 prohibiting all discrimination that breaches the principle of equality of opportunity between men and women in any sector is not regulated by Decree No. 37/1997, the Committee notes the Government’s reply to the effect that the Act does not require the administration to specify the activities for which gender is an essential condition, but merely confirms that certain preferences may be maintained where this is essential for the activity to be carried out. Although paragraph 2 of Article 1 of the Convention establishes that any distinction, exclusion or preference based on the inherent requirements of a particular job are not to be regarded as discrimination, the Committee would remind the Government that this exception must be interpreted strictly so as not to result in undue limitation of the protection which the Convention is intended to provide. Qualification requirements that involve one or more of the grounds of discrimination envisaged by the Convention cannot be applied in a discriminatory manner and distinctions based on sex must be determined objectively and in accordance with individual characteristics. Nor can the exception be applied to all the jobs in a given occupation or sector of activity. An effective way of preventing such exceptions from resulting in discrimination in employment and occupation is to list the jobs or types of job of which criteria such as sex may be regarded as an inherent requirement (General Survey on equality in employment and occupation, 1988, paragraphs 124-132). The Committee, therefore, again asks the Government to provide information on how section 3 of Act 16045 is regulated, how activities reserved for a given sex are determined, which authority is responsible for determining such exceptions, and for which jobs sex is currently regarded as an inherent requirement.

3. The Committee notes the statistics contained in the study "Segregación laboral en el mercado de trabajo en Uruguay 1986-1989", published by the Instituto de Economía, showing that the women’s activity rate did not increase significantly in the period studied. It further notes that there is still occupational segregation, and that there is a concentration of women workers in personal services, such activities corresponding to the stereotypes which employers tend to identify with what are known as women’s aptitudes. The Committee also notes the information provided by the Government on the activities being carried out in the National Institute for Women and the Family, and the employment and vocational training policies being set up within the DINAE JUNAE system, specifically the Programme for the Promotion of Equal Opportunities for Women in Employment and Vocational Training. The Committee requests the Government to report on progress made in the preparation of the National Plan for Equality in Employment and to continue to provide information on measures to encourage equality in employment and occupation and to advance the status of women in the labour market.

4. The Committee notes the promulgation of Decree No. 28942 on sexual harassment issued by the Municipality of Montevideo, but observes that the draft bill on sexual harassment submitted to Congress has been shelved. The Committee requests the Government to continue to provide information on any other bills submitted to Parliament and to provide copies of them once they have been adopted. It further notes the extracts of court decisions on sexual harassment sent to the Office. The Government is asked to state whether any information and education campaigns on this subject have been conducted. The Committee refers the Government to the general observation on sexual harassment.

5. The Committee notes the Government’s statement that black people engage essentially in manual work either as employees or on a self-employed basis with no investment in infrastructure and particularly in the services and industrial sectors. The Government gives its assurance that black people are included among the beneficiaries of employment promotion programmes, which target in particular the sectors identified by the study of the National Statistics Institute as having the highest unemployment rate. The Committee requests the Government to continue to provide information on the measures implemented: (i) to promote equality in occupation and employment for black people, and particularly the men and women belonging to the Afro-Uruguayan community; and (ii) to prevent the occupational segregation of this group of the population.

6. The Committee notes that there are no statistical data on the activities of the General Labour and Social Security Inspectorate and that the Tripartite Committee on Equality of Opportunity and Treatment in Employment has no register of complaints concerning discrimination in employment and occupation. The Committee asks the Government to provide information on the possibility of giving inspectors training that enables them to act as advisers on matters of equality.