Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Panama (Ratification: 1966)

The Committee notes the observations submitted by the International Organisation of Employers (IOE) and the National Council of Private Enterprise (CONEP) in their communication of 31 August 2014, in which they refer to the manner in which enterprises apply the Convention, particularly as regards the awareness-raising and training measures implemented by enterprises in connection with gender equality and HIV.

Articles 1 and 2 of the Convention. Gender discrimination. In its previous observation, the Committee asked the Government to provide information on the measures adopted or envisaged to ensure that women on temporary contracts are not placed in situations in which they are more vulnerable to discrimination on grounds of pregnancy and maternity. The Committee notes that the Government provides no information on any specific measures adopted or envisaged to ensure the protection of this category of women workers. While recognizing that, in terms of duration, temporary contracts for pregnant workers or mothers are subject to the same conditions as temporary contracts for other workers, the Committee is of the view that this group of women workers in particular is more vulnerable to discrimination. The Committee recalls in this connection that any distinctions in employment and occupation on grounds of pregnancy or maternity are discriminatory because, by their very nature, they affect only women, and that the protection afforded by the Convention covers all workers without distinction, including workers on temporary contracts. The Committee requests the Government to take the necessary steps to ensure that women workers on temporary contracts have adequate protection against discrimination on the grounds of pregnancy or maternity. It requests the Government to send information on the measures taken in this regard.

Articles 2 and 3. Access to education and vocational training for women from groups that are vulnerable to discrimination. In its previous observation, the Committee referred to the high-school drop-out rate of pregnant teenagers and the significant illiteracy rate among rural and indigenous women and requested the Government to take the necessary steps to ensure that these groups of women, who are the most vulnerable to discrimination, have access to education and vocational training. With regard to indigenous women, the Committee notes the information sent by the Government on the material assistance and allowances granted which have led to a drop in school drop-out rates. The Government recognizes that it is indigenous women who have the greatest difficulty in entering education, but asserts that women complete their schooling more successfully than men, as evidenced by their lower failure rate. The Committee takes note of the agreements that INAMU has signed with other national institutions and international cooperation agencies to develop economic independence and training for indigenous and rural women. It also observes that while the Government provides statistical information showing increased participation by indigenous peoples in education, the information is not disaggregated by sex. With regard to access to education for pregnant teenagers, the Committee notes the information sent by the Government, including statistics, showing a decrease in the number of drop-outs in recent years as a result of the legal prohibition on sanctions or obstacles to the right to education. The Committee again emphasizes the importance of providing occupational guidance and of taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, for men and for women (see General Survey, 2012, paragraph 750). The Committee requests the Government to continue to take measures to pursue the reduction in the school drop-out rate of pregnant teenagers and to ensure access to education and vocational training for rural and indigenous women so as to lower the illiteracy rate and promote their access to better job opportunities. The Committee requests the Government to send information, including statistics disaggregated by sex, on the impact of the measures taken.

The Committee raises other matters in a request addressed directly to the Government.