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

The Committee notes the comments of the Inter-Union Assembly of Workers – National Convention of Workers (PIT-CNT), sent with the Government’s report and received on 23 October 2006.

1. National policy on equality between men and women. The Committee notes that the PIT‑CNT reiterates the issues it raised in its 2002 communication, namely, the lack of necessary infrastructure within the Tripartite Commission on Equality of Opportunity and Treatment in Employment, the non-application in practice of Act No. 16045 prohibiting all forms of discrimination that violate the principle of equal treatment and opportunity for both sexes, and the consequent persistence of discriminatory situations, due, in particular, to the poor dissemination and awareness of this legislation. The Committee notes that the Government, in its comments on the PIT-CNT’s observations, indicates that it is providing the Tripartite Commission with logistical support through the Human Rights Advisory Service and that the Commission’s infrastructure has been strengthened with the aid of the Ministry of Labour and Social Security. The Committee notes the activities undertaken by the National Employment Directorate and the Tripartite Commission in respect of training, guidance, dissemination, awareness raising and the compiling of statistical data. The Committee requests the Government to keep it informed of the measures adopted or envisaged to give effect to the Convention and reminds the Government to provide information on the impact of such measures in practice, including, if possible, statistical data.

2. Appeal procedures. With regard to the special, expedited procedure provided for in Act No. 16045, applicable to reports of discrimination violating the principle of equality of treatment and opportunity for both sexes, and the ruling of the law courts establishing that this procedure had been abolished by the General Code of Legal Proceedings, the Committee notes the Government’s indication that the Ministry of Labour and Social Security is studying the possibility of preparing an official initiative to establish a dispute settlement instrument that will respond effectively to the key principles of labour-related issues. The Committee notes that the PIT-CNT stresses the need to implement a flexible complaints mechanism to resolve labour discrimination disputes and that, in this respect, the burden of proof should be reversed, placing the onus on employers, and protection should be afforded to workers against reprisals for complaints lodged or statements made. The Committee notes that the Government’s report refers indirectly to the difficulties that workers have in providing evidence and to the lack of protection given to complainants, by indicating that the Ministry of Labour and Social Security, through the General Labour Inspectorate, implemented a summary procedure for complaints relating to sexual harassment, but that the complaints lodged within this framework were rejected for lack of evidence or due to their withdrawal by the complainant. The Committee hopes that the Government’s legislative proposal will include a flexible complaints mechanism that takes into account the difficulties that the worker has in producing evidence of discrimination and the need to protect complainants, so as to guarantee the effectiveness of the procedure.

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