Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

In its previous observation, the Committee noted that, in its communication dated 7 February 1989, the Trade Union Confederation of Workers' Commissions (CC.OO.) alleged that the measures that should have promoted the employment of women had been a failure, given that the unemployment rate for women is 27.5 per cent, as against 15.09 per cent for men. Furthermore, according to the comments made by the same organisation, there are situations in which discrimination occurs on grounds of colour and race, particularly in the Catalan region of Maresme, where coloured workers receive wages that are much lower than those of other workers, and in Ceuta and Melilla, where the same situation applies to Muslim workers.

The Committee notes the observations communicated by the Government in reply to the above comment. Nevertheless, the Committee finds that the Government's observations do not reply to the above points. The Committee therefore hopes that in its next report the Government will supply detailed information on the matters raised by the CC.OO.s, and in particular on:

(a) the measures that have been taken to promote the employment of women and to ensure that restructuring measures do not prejudice their security of employment, nor their opportunities of access to employment disproportionately as compared with men;

(b) the discriminatory situations that may exist in the Catalan region of Maresme and in Ceuta and Melilla against coloured workers and Muslim workers.

In this connection, the Committee notes that the CC.OO.'s communication refers to two categories of workers. The first of these consists of migrants of foreign nationality who, due to the fact that they have no work permits, receive lower wages and are dismissed when they are no longer necessary; the situation of these workers falls under the provisions of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which has been ratified by Spain. The second category consists of workers "of Muslim origin who were born in the cities under Spanish sovereignty", to whom the Government issues a statistical card that is equivalent to a work permit. The Committee requests the Government to indicate whether the latter category of workers are of Spanish nationality and, if so, the measures which have been taken or are envisaged to prevent any discrimination on grounds of national extraction, in accordance with the Convention.