Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Honduras (Ratification: 1960)

1. In its earlier comments, the Committee noted that the revision of the Labour Code was drawing to an end, and asked the Government to keep supplying information on the adoption of the revised text, which was to take into account the requirements of Articles 1 and 2 of the Convention concerning the national policy to promote equality of opportunity and treatment in employment and occupation. In the absence of information on this matter in the Government's latest report, the Committee hopes that the Government will be in a position to supply in its next report the text of the provisions adopted to strengthen the legislative foundation of the national policy to promote equality of opportunity and treatment.

2. The Committee notes that, under section 25 of the Labour Code, every individual contract of employment shall be deemed to include at least the guarantees and rights conferred on workers by, inter alia, the Constitution and the Labour Code. Article 60 of the Constitution "declares punishable any discrimination based on sex, race, class and any other impinging on human dignity", adding that "the offences and the penalties for those in breach of this rule shall be established by law". The Committee notes, however, that as regards discrimination in employment and occupation on the grounds referred to in the Convention, the only penalties established by the Labour Code apply to trade unions and members of their directorate who grant special privileges to trade union officers, etc. (section 500, read together with section 499(j) of the Code). Another prohibition against discrimination, set forth in section 12 of the Code which apparently does not provide for penalties, applies only to "any social welfare, educational, cultural, recreational or commercial establishment operated for the use or benefit of the community in any undertaking or workplace, whether under private or state ownership". The Committee requests the Government to indicate the sanctions established by law for discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin in cases other than those referred to in section 499(j) of the Labour Code.

3. The Committee has noted the Government's indication in its report that "in the national legal order, in the administrative rules, etc. there are no provisions that might in any way contribute to furthering practices of distinction, exclusion or preference with regard to a particular person or group of persons on grounds of colour, race, sex, religion, political opinion, national extraction or social origins in access to employment, occupation, treatment and equality of opportunity." However, the Government adds that "experience ... shows that when there are certain relations between a person or group of persons who hold power and authority of decision and administration and these in turn have marked interests of a political, cultural or religious nature, in some cases they segregate, exclude or discriminate against, persons or groups of persons who do not adhere to or profess their ideas, denying them the opportunities to which they are entitled and keeping those opportunities for themselves or for those with whom they share an affinity; in those rare cases it is difficult to prove the necessary elements to take legal action against those persons or authorities and to try to resolve this situation."

In this connection, the Committee refers to the explanations given in its 1988 General Survey on equality in employment and occupation in Chapter IV, which deals with the implementation of principles, and more particularly in section 2, subsection 3, on "means of promotion and enforcement" that may include "specialized bodies to promote, enforce and supervise equality and prevent discrimination" (paragraphs 196-215 of the survey) and in subsection 4 on "remedial procedures" dealing with the exercise of the right of complaint, financial assistance, the burden of proof, protection against reprisals, remedial action and sanctions (paragraphs 216-230). In the paragraphs referred to, the Government may find examples of how the difficulties existing in practice in preventing discrimination have given rise, in the laws and practices of various countries, to specific measures and procedures aimed at overcoming these difficulties.

The Committee requests the Government to supply, in its next report, information on any measures taken or envisaged to give effect in practice to the principles of the Convention by means of specialized bodies and remedial procedures, and on the results achieved with regard to: (a) access to vocational training; (b) access to employment and specific occupations; and (c) terms and conditions of employment.