Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Legislation. The Committee notes that section 32 of the Act on Equity and Full Development for Persons with Disabilities prohibits discrimination in employment on the ground of disability where the person is fit to hold the office or perform the job applied for. The Committee also notes that the package of reforms to the Equal Opportunities for Women Act (LIOM) is before the National Congress for discussion and approval. It further notes that the “Study on the Legal Framework for the Empowerment of Women” concludes that the Committee’s comments need to be taken into account in the process of amending the LIOM. The Committee acknowledges the Government’s efforts to revise its legislation in detail, but nonetheless shares the concern expressed by the Committee on Discrimination against Women about the delay in the law reform process (CEDAW/C/HON/CO/6, August 2006). The Committee hopes that the Government will take advantage of the reform process to incorporate fully the principles of the Convention into the LIOM, and that it will take the necessary steps to ensure that the National Congress adopts the new provisions promptly and asks the Government to keep it informed in this respect. The Committee requests the Government to send a copy of the LIOM and of the measures taken to apply it including, as asked in its previous direct request, information on the regulation of the regime for women in domestic service referred to in section 50 of the LIOM, and the measures taken to repeal provisions that discriminate or that restrict equal opportunities, as stipulated in section 88 of Decree No. 4‑2000. The Committee reiterates its request to the Government to provide information in its next report on the activities of the tripartite committee.

2. Sexual harassment. The Committee notes that the main mechanisms used by the Ministry of Education to prevent sexual harassment within the Ministry and in education centres, are the Internal Administrative Rules and the Regulations and Rules of the Honduran Teaching Profession. The Committee also notes that the Ministry of Labour and Social Security has grouped together in 407 public and private regulations all subjects pertaining to the Equal Opportunities for Women Act, section 60 of which prohibits sexual harassment. The Committee notes that the Government provides no information on legal measures to prohibit and provide sanctions for sexual harassment resulting from a hostile working environment, as the Committee recommends in its 2002 general observation on the Convention. The Committee requests the Government, in view of the gravity and serious repercussions of sexual harassment, to take steps to prohibit and ensure appropriate enforcement mechanisms for both types of sexual harassment in its legislation (quid pro quo and hostile work environment). It asks the Government to send information on the measures taken to implement the prohibition of sexual harassment caused by a hostile working environment.

3. National gender policy. The Committee notes that an evaluation of the implementation and achievements of the National Plan on Equal Opportunities and the obstacles thereto, was launched in June this year with the participation of the private sector, civil society, state organizations and international cooperation. The Committee further notes that, as part of the poverty reduction strategy, a project is being developed on equal opportunities for rural women, and municipalities and communities receive training on the guiding principles of the Gender Equality Policy for Honduran Agriculture. The Government takes note of the statistics sent by the Government on persons employed by branch of economic activity and main occupations, 2005–06. The Committee notes from the data supplied that women account for 51.5 per cent of the labour force in professional, technical and “PEAO” occupations, and 35.5 per cent in directorships and management and administrative posts. The Committee requests the Government to take measures to promote women’s participation in high-level posts and to provide information in this regard. It also asks the Government to provide information on the impact of the National Plan on Equal Opportunities, the project on Equal Opportunities for Rural Women and the Gender Equality Policy for Honduran Agriculture, in terms of advancing equality in employment and training between men and women. It would also be grateful if the Government would provide information on the distribution between the sexes of the 25,132 land titles granted in rural areas.

4. Equality in employment and occupation in the maquila sector. The Committee notes that the comprehensive training programme to secure competitiveness in the garment industry continues to provide training, from which 48,066 workers benefited in the period 2005–06 and that, for the period 2005–08, the target is to train 83,591 workers. The Committee also notes that the Working Woman’s Programme of the Directorate General of Social Welfare, is to present a proposal for research with a gender focus to be carried out on job discrimination in the maquila industry, in coordination with the project “Cumple y Gana”. Stressing the importance of such research, the Committee hopes that the abovementioned study will be carried out and requests the Government to keep it informed in this regard. It also asks the Government to continue to provide information on the training of women in the maquila sector. Please also provide particulars of the information, advocacy and training activities to promote equality in employment and occupation and the redress provided in the law for discrimination in the maquila sector

5. Monitoring application. The Committee notes that in the maquila sector, enterprises are still supervised to ensure compliance with agreements signed for the provision of social and economic benefits to workers, as agreed under the Business Responsibility Programme. The Committee notes that in 2006, there were 99 inspections of maquila enterprises in the course of which a general review was carried out of all the conditions that such enterprises must meet in order to operate in the national territory. The Committee notes that the above inspections benefited 2,997 persons and that there were 2,656 inspections of special cases arising from complaints by men and women workers. The Committee also notes that the Ministry of Labour and Social Security conducts planned inspections to ensure compliance with the national legislation on working time. The Committee requests the Government to send information on the activities of the labour inspectorate in the maquila sector, particularly the complaints lodged and the contraventions reported, pertaining specifically to the Convention.

6. Equality in employment and occupation without distinction as to race, colour, national extraction, religion or social origin. The Committee notes the establishment of the National Committee against Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance, the Committee on Indigenous Rights and the Inter-institutional Committee to provide basic education services and education for work in indigenous communities. The Committee notes that the various activities conducted by the above committees include the granting of land titles to 21 ethnic groups, and the cultural and training activities organized by the Satuye Centre and the school to train leaders of African descendants in human rights. The Committee also notes that the Honduran Social Investment Fund is carrying out the fifth stage of the “Our roots” programme. The overall objective of the programme is to contribute to involving indigenous and black peoples more closely in the process to secure full development for their communities and the country, by building local capacity for the sustainability of organizations, cultural identity and projects. The Committee notes more particularly that 1,600 projects are planned in the areas of social infrastructure, production projects and cross-cutting projects to strengthen and preserve the cultures of indigenous peoples. In addition, projects submitted by various indigenous communities have been financed under the Fund. The Committee requests the Government to provide information on the manner in which these projects improve the participation of the various ethnic groups in employment and occupation, particularly the participation of indigenous and African descendant women.