Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

The Committee notes the information provided by the Government in its report, the attached annexes and the statistical data. The Committee requests the Government to provide information on the following matters.

1. In its previous comments, the Committee noted that, in view of the concern at the high level of sexual harassment encountered in Argentina and its effect on labour relations, a Bill had been submitted to Congress to protect victims of such practices and provide them with direct procedures to require harassers to cease such conduct. With reference to its general observation of 2002, the Committee notes the information provided by the Government in its last report that there exists legislation at the national and provincial levels addressing this issue, the texts of which were provided. It also notes the court ruling on sexual harassment provided by the Government with its report. The Committee requests the Government to continue providing information on new legislation and the enforcement of law at both the national and provincial levels which define and penalize sexual harassment.

2. The Committee notes the information produced by the National Statistics and Census Institute (INDEC) for 2002 indicating a slight increase in the employment rate of women (36.3 per cent) in comparison with the previous year (34.5 per cent), while the increase in the employment rate of men was slightly lower. With regard to the unemployment rate, the Committee notes that there was a slight reduction in the rate for men (17.8 per cent), while the unemployment rate of women rose (18.2 per cent). According to the information supplied by the INDEC, the unemployment levels of women increased in households in the lowest income brackets. There is also a higher percentage of unemployed women with a middle level of education, and this rate is only achieved by men with no skills or a very low level of skills. The Committee notes that in occupations which require vocational qualifications, women are under-represented in relation to men, for example in the commercial sector (1 and 34.7 per cent, respectively) and the manufacturing sector (3.8 and 11.6 per cent, respectively). The Committee also notes that a higher percentage of men than of women workers have access to the pension system. The Committee requests the Government to continue providing statistical information so that it can assess the impact of the measures that are being adopted to improve the situation of women on the labour market.

3. The Committee notes the report submitted by the National Women’s Council (CNM) indicating that a framework agreement was signed with the Ministry of Labour and Social Security in March 2002 to promote equality of opportunity between men and women in relation to employment. An additional protocol has also been signed to the framework agreement relating to the Heads of Households Programme to increase the representation of women on provincial advisory councils and in the federal capital, and to promote the vocational training of women. The Committee also notes the preparation and publication of a manual and good practice guide entitled "Women, equity and work", principally with a view to improving the situation of women heads of households. The Committee would be grateful if the Government would, if possible, provide a copy of these publications to the Office. The Committee hopes that the Government will provide information in its next report on the impact of these agreements in improving the situation of women on the labour market and promoting their access to non-traditional occupations and training resources.

4. The Committee notes the statistics provided by the Government concerning the complaints made to the National Institute against Discrimination, Xenophobia and Racism (INADI) during the course of 2002. The Committee notes that the number of complaints fell from 394 during the previous period to 185 in 2002. The Committee observes that most of the complaints are related to discrimination in employment in relation to political or ideological issues; illness - generally workers with HIV/AIDS; and also on grounds of gender, principally in relation to maternity. The Committee requests the Government to provide information on administrative or court decisions, the sanctions imposed and the compensation awarded for such discriminatory treatment.

5. The Committee referred in its previous comment to the communication sent by the Internal Union Commission for Telefónica Argentina on 1 June 2001, according to which women students engaged for trial periods in Telefónica Argentina do not enjoy the same rights to maternity leave as other women workers covered by other types of employment contract. The Committee, taking into consideration the fact that trial periods are carried out for 30 hours a week and for a period of up to four years, and recognizing the importance of maternity protection provisions and their essential relation to the promotion of the principle of equality of opportunity in employment and occupation, which includes access to vocational training facilities, requests the Government, in so far as possible, to take measures to accord some of these rights to women engaged for trial periods so as to grant them, in conditions of equality of opportunity and treatment with men, the possibility to benefit from this work experience.

6. The Committee notes that the Government’s report does not reply to some matters on which it commented in its previous direct request. The Committee therefore repeats its previous request on in relevant parts and once again requests the Government to provide information on the following points:

3. It also notes the Bill for the inclusion into Act No. 23.551 respecting trade union associations of a minimum threshold (set at 30 per cent) of women’s participation in trade union office and/or representation and asks to be kept informed of the adoption of the Bill.

4. The Committee notes the report issued by the National Women’s Council (CNM) indicating that the Plan for Equality of Opportunity between Men and Women in the World of Work, approved by Presidential Decree No. 254/98 of 9 March 1998, was not successfully integrated at the institutional level, with the result that its implementation was of a low level and only a few individual measures were taken. The Committee requests the Government to continue providing information on the activities undertaken within the framework of the above Plan.

6. The Committee also asks to be kept informed of developments regarding the Draft Additional Protocol to be concluded between the CNM and the Directorate of the Labour Inspectorate with a view to implementing a programme of training with a gender perspective for labour inspectors.

8. With reference to its previous comments, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.112 of 27 April 2001) in which it notes with concern that the territories on which indigenous peoples have settled coincide with the areas of the highest index of unmet needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis, and also that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination. The Committee requests the Government to supply information on the measures that are being adopted to pursue, in respect of indigenous populations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.