Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 2 of the Convention. The Committee notes that it has not received the annexes to the Government’s report. The Committee notes the activities undertaken and planned in the context of the “Plan of Action for the Full Participation of Guatemalan Women, 2002-2012” and the recommendations made by the National Women’s Forum in its report “Progress in the participation of Guatemalan women, 1997-2001”, which were referred to by the Government in its report. The Committee also notes that the Forum is planning to prepare a second report on progress in the political participation of women. The Committee requests the Government to keep it informed of the activities undertaken or envisaged in the context of the above Plan of Action and to provide information on the results achieved in practice in improving the proportion of women in the labour market, as well as their participation in positions of greater responsibility, particularly in sectors traditionally reserved for men. The Committee would also be grateful if the Government would provide copies of the successive reports on the progress achieved, prepared by the National Women’s Forum. It further requests the Government to provide information on the results achieved through the Plan of Action for Social Development and Peace Building to promote equality of opportunity and treatment in employment and occupation.

2.  Article 3(b). Legislation. The Committee notes that the National Office for Women (ONAM) has carried out various activities to promote social consensus and the inclusion of various proposals to reform the Labour Code, through the preparation of draft legislative texts, but that they were not adopted. The Committee notes the Government’s intention to continue supporting the proposals by the National Office for Women for approval by the Congress of the Nation. The Committee requests the Government to keep it informed of any progress achieved in the adoption of the proposed legislation.

3. Penal reform. In its previous comments, the Committee noted the penal reform (Decree No. 57-2002) to penalize discrimination on grounds, among others, of race and ethnic origin. The Committee once again requests the Government to provide information on any penal charges and convictions for discrimination on grounds of race and ethnic origin.

4. Article 3(e). With reference to point 4 of its previous direct request concerning vocational training, the Committee notes the closure of the Department of Social Assistance for Men and Women Workers, and the transfer of responsibility and the continuation of its principal activities to the Department for Workers with Disabilities. The Committee requests the Government to provide information on the results achieved and the activities initiated to promote access to vocational training for women, and particularly indigenous women.

5. Educational reform. The Committee notes the various activities promoted by the Gender Subcommission of the Advisory Commission on Educational Reform and the results achieved through its activities. The Committee notes that the Operational Plan for 2005 of the Gender Subcommission includes practical action with a view, among other objectives, to proposing reforms to the Education Act, including the gender perspective in the training of human resources and also in the new programme for secondary and regular education, etc. The Committee requests the Government to provide information on the progress made in achieving the objectives of the Subcommission and any others that it proposes.

6. Statistical indicators. The Committee notes that the institutional mandate of the Presidential Secretariat for Women is to strengthen the situation of women through the implementation of public policies. The Committee notes with interest that the secretariat has formulated a proposal for statistical indicators disaggregated by sex intended to provide a quantitative assessment of the impact of the activities undertaken on the life of women. The Committee requests the Government to provide information on the results achieved through the implementation of this proposal.

7. Cases of discrimination referred to by the Union of Guatemalan Workers (UNSITRAGUA). The Committee notes the information provided by UNSITRAGUA reporting the existence of cases of discrimination in employment and occupation against the following: invalids, persons with disabilities and those with certain incapacities; persons with a trade union background; persons who have lodged complaints or made claims against employers; and persons with a penal or police record. On the latter point, UNSITRAGUA indicates that both the public and private sectors establish the requirement for recruitment to employment of the presentation of a certificate attesting to a clean record, the cost of which moreover is inaccessible for the unemployed. The Committee notes the Government’s indication that the requirement of a certificate attesting to a clean record is disappearing. UNSITRAGUA further alleges discriminatory treatment in relation to men and women workers of the Associative Movement “Faith and Joy” who, under the terms of Ministerial Agreement No. 555-2001 of the Ministry of Education, receive as wages from government funds an amount equivalent to 90 per cent of that paid for the same responsibilities and levels in official schools. The Committee considers that this latter case is not based on any of the grounds of discrimination set out in the Convention. The Committee recalls that the Convention covers cases of discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention and hopes that in future the workers’ organization, when sending its comments, will specify the manner in which the issues raised are related to situations of discrimination on those grounds.

8. The Committee notes the communication of the Trade Union of Workers in Civil Aviation (USTAC) received on 18 September 2006 and sent to the Government on 30 October 2006 for the Government’s consideration. The Committee looks forward to receiving the Government’s response to the contents to this communication.