Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. The Committee notes the information provided by the Government in its report and its comments concerning the observations sent by the Trade Union Confederation of Guatemala (UNSITRAGUA), dated 1 September 2003.

2. Legislation. The Committee notes that according to the report, the Tripartite Committee on International Labour Affairs has reached a consensus in relation to the legal reforms that are necessary to bring the Labour Code into conformity with international standards relating to the elimination of discrimination in employment and occupation and, on this basis, the Government has submitted the respective proposal to the Congress of the Republic for approval. The Committee trusts that the Government will amend section 14bis of the Labour Code to include the criteria set out in the Convention and that sexual harassment will be included as a form of sexual discrimination within the meaning outlined in the 2002 general observation. Please keep the Committee informed of progress made in the reform of the Labour Code and provide a copy of the relevant amendments and legislation once they are adopted.

3. Pregnancy tests. The Committee notes the information provided by UNSITRAGUA concerning the existence of discriminatory practices towards women by certain enterprises which compel applicants to undergo pregnancy tests as a requirement for admission to employment. The Committee notes the Government’s indication in reply to this communication that the situation of discrimination against women is included in the reforms to the Labour Code that are being examined by the legislative authorities. The Committee requests the Government to provide information on the measures adopted in practice to prohibit the requirement of pregnancy tests as a condition to obtain and retain employment, and it trusts that this prohibition will be explicitly laid out in the legislation in the context of the amendments to the Labour Code that are currently under discussion. The Committee requests the Government to keep it informed on this matter.

4. Export processing sector. With reference to the comments made by the International Confederation of Free Trade Unions (ICFTU), which were noted by the Committee in 2002 and which relate to sexual harassment, physical abuse, intimidation, threats and reprisals against women workers, the Committee notes with interest the measures adopted by the Ministry of Labour and Social Insurance to prevent and combat discrimination against women in the labour market through the activities carried out by the Department for the Promotion of Women Workers, as well as the activities to raise awareness of women’s labour rights and the efforts made by the dispute settlement body in the export processing sector. The Committee requests the Government to provide information in its next report on the impact of these activities, particularly in the export processing sector, in terms of the results achieved, with an indication of their impact on the situations referred to by the ICFTU.

5. Indigenous workers. In its previous comments, the Committee noted the adoption of the Act for the promotion of education against discrimination (Decree No. 81-2002), which provides for the implementation of non-discrimination programmes in education and in the activities of the Ministry of Culture and Sport. In this context, the Committee notes the establishment of the Unit for the Promotion of Ethnic and Gender Equity in Cultural Diversity and the activities undertaken. The Committee hopes that the Government will develop a national policy guaranteeing equality of access to vocational training for indigenous people at all levels, as this is the principal element determining their opportunities in practice for integration into the labour market in conditions of equality of opportunity, and that it will keep the Committee informed in this respect.

6. Presidential Commission against Racism and Discrimination. The Committee notes from the Government’s reply to UNSITRAGUA’s observations, that it acknowledges that the phenomenon of discrimination against indigenous persons occurs at all levels of national life, including in labour matters. The Committee notes the strategic objectives of the Presidential Commission against Racism and Discrimination, the activities carried out and the survey that is planned in each state institution on the number and category of positions occupied by indigenous persons. It also notes that 50 cases of discrimination and racism in 16 departments of the country have been reported and were monitored during the period 2003, 2004 and the first half of 2005. The Committee requests the Government to provide information in its next report on the measures adopted or envisaged to eliminate ethnic discrimination in employment and occupation, and particularly the activities carried out by the Presidential Commission and their impact in practice. It also requests the Government to provide the findings of the planned survey, where possible disaggregated by sex, and the action taken on the cases referred to with an indication, where appropriate, of the respective administrative and/or judicial decisions.

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