Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mexico (Ratification: 1961)

Pregnancy testing in export processing enterprises and other discriminatory practices. During the discussion in the Conference Committee on the Application of Standards in June 2006, issues were addressed that the Committee has been examining for several years and which concern allegations of a number of systematic discriminatory practices against women in export processing zones (maquiladoras) and vacancy announcements that discriminate on grounds of race and colour.

Mechanisms to assess the impact of measures adopted and progress achieved. The Committee notes that, according to the Government’s report, no formal reports of discrimination were received during the inspections carried out by the Ministry of Labour and Social Insurance (STPS) in export processing enterprises during the period covered by the report. The Committee notes that the Government has not provided the information requested by the Committee on the mechanisms to monitor the situation in practice and any changes in the situation or any other information enabling the Committee to gain a clearer understanding of the situation and of the impact of the action taken. The Committee asks the Government to provide this information, in particular with regard to mechanisms to monitor the situation in practice which will allow an assessment to be made of the impact of the measures adopted to eliminate discrimination in export processing enterprises. It also requests information on the cases alleging discrimination based on sex in export processing enterprises presented to local and federal conciliation and arbitration boards or to Mexican tribunals or any other competent body, and on the manner in which these cases have been resolved.

Legislation. The Committee notes that, according to the Government’s report, it has not yet published the amendment to the Federal Labour Act expressly prohibiting discrimination based on sex and maternity in recruitment and employment. The Committee requests the Government to continue its efforts to have this amendment adopted, and hopes that it will be able to report progress in this regard in its next report.

Promotional and preventive activities. In 2007, the Committee noted that the National Programme for the Prevention and Elimination of Discrimination aims, under the objective “work” in strategic guideline 3(IV), “to ensure compliance with the statutory prohibition on requiring pregnancy testing as a condition for obtaining or remaining in a job and achieving promotion” and that point 7 refers to a system of indicators and monitoring of the extent to which the anti-discrimination legislation is applied and the impact and effectiveness of public policy on equal treatment. The Committee notes that, according to the Government’s report, the National Programme for the Prevention and Elimination of Discrimination published in 2006, to which it referred in its previous report, was valid for only six months due to a change in leadership of the Federal Executive and that, for that reason, the National Council for the Prevention of Discrimination (CONAPRED) did not have the opportunity to establish indicators and carry out the planned monitoring.

The Committee notes that the executive, legislative and judicial authorities signed the 2007 National Pact on equality between men and women, the general objective of which is to give priority to the promotion of equality of treatment and opportunity between men and women and eliminate violence towards women. The specific objective is to establish the commitment of the various government bodies and authorities as well as public and private entities to give effect to the provisions of the Constitution and of the international treaties concerning equality between men and women. It also notes that, on 10 March 2008, the National Programme for Equality between Men and Women 2008-12 (PROIGUALDAD) was presented. The Committee asks the Government to provide information on the measures and activities undertaken and progress achieved under the 2007 National Pact and PROIGUALDAD, including details regarding any monitoring mechanisms and indicators, and copies of any reports or evaluations prepared.

Sexual harassment. In 2007, the Committee requested the Government to indicate whether it has envisaged introducing machinery and easily accessible procedures for women workers to lodge complaints of sexual harassment and also asked the Government to address the issue of remedies and sanctions in this regard. The Committee notes that, according to the report, the various proposals for the reform of the Federal Labour Act include a proposal relating to sexual harassment which provides for a fine of between 250 and 5,000 times the monthly salary for employers who commit discrimination or acts of sexual harassment. The Committee draws the Government’s attention to its continued concern about the fact that, as noted previously, the procedures available end in the termination of the employment relationship and the payment of compensation. It previously commented that, even though the victim of harassment is entitled to compensation, their dismissal is a penalty against the victim rather than the harasser and may dissuade victims from bringing complaints. As indicated by the Committee in its General Survey of 1988 on equality in employment and occupation, “Effective protection against discrimination in employment presupposes recognition of the principle of protection against dismissal” (paragraph 226). The Committee asks the Government to ensure that complaints of sexual harassment under the Federal Labour Act do not result in the termination of the victim’s employment, and that appropriate sanctions and remedies are available. It also requests the Government to provide information on the number and nature of cases of sexual harassment filed pursuant to the Federal Labour Act, how long the procedure has taken, and the results thereof.

Cooperation with employers’ and workers’ organizations. In 2007, the Committee noted that the Confederation of Mexican Workers (CTM) indicated that it had joined forces with the employers’ organizations and the Federal Government to apply a policy promoting equal opportunities in employment and occupation and to eliminate all forms of discrimination. The Committee requested the Government to provide information on the practical measures taken pursuant to this cooperation and the results achieved. The Committee notes that, according to the report, the CTM has not yet replied to the request of the Government of Mexico to provide such information. The Committee requests the Government to provide information on the activities being developed by the Government in cooperation with employers’ and workers’ organizations to promote equal opportunities in employment and occupation and to eliminate all forms of discrimination.

The Committee is raising other points in a request addressed directly to the Government.