Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

Article 1(1)(b) of the Convention. Discrimination on the basis of disability. The Committee notes with interest Act No. 20422 of 10 February 2010, which establishes standards on equal opportunities and the social inclusion of persons with disabilities. Section 43 of the Act provides that the State, through its competent bodies, shall establish and implement affirmative action to promote inclusion of persons with disabilities in the labour market and non-discrimination at work. The Committee requests the Government to provide information regarding the impact of the Act in practice and on the programmes or actions implemented to promote the access of persons with disabilities to employment and vocational training.

Article 2. The Government indicates that it has undertaken to establish and implement policies and action plans to combat racism, racial discrimination and discrimination on the basis of sex. According to the Government, action plans are developed based on regional assessments and the creation of regional bodies with the participation of civil society. The Committee notes that three priority areas of intervention have been identified with a view to eliminating racism and discrimination: (1) the provision of training for public servants; (2) public policies and participation by citizens; and (3) the dissemination and communication of good practices concerning non-discrimination in the public and private sectors. The Committee requests the Government to continue providing information on the plans and programmes designed to contribute to eliminating discrimination in employment and occupation, including their impact.

Promoting equality between men and women in employment and occupation. The Committee notes that, according to statistics from the Economic Commission for Latin America (ECLAC), the rate of participation in economic activity of women continues to be much lower than for men, at 43.4 per cent and 73.2 per cent respectively. The Committee notes that, in the context of the Programme for Good Labour Practices and Gender Equality, the National Service for Women (SERNAM) aims to improve the participation of women in the labour market and their position by means of the “Iguala.cl” programme. The three key aims of the programme are to: (i) promote non-discrimination of women in access to the labour market; (ii) promote good labour practices and gender equality within enterprises and public services; and (iii) reduce occupational segregation. The Committee requests the Government to provide information on the impact that the “Iguala.cl” programme has had, particularly in reducing occupational segregation and the impact that the “Equal Opportunities Plan 2000–10” has had in reducing discrimination on the basis of sex in employment and occupation.

Furthermore, the Committee noted in previous comments that the Confederation of Production and Trade (CPC) has adapted the Code of Good Labour Practices to the needs of the private sector and has called on its enterprises to implement it. The Committee requests the Government to continue providing information on the concrete impact of the implementation of the Code of Good Labour Practices in addressing discrimination in the private sector.

Public sector. According to the “Study concerning the situation of women in the public services: The jobs we have, the jobs we want”, conducted in 2004, although women occupied nearly 60 per cent of public service posts in 2001, they occupied only 39.9 per cent of the total managerial posts and were found in areas with less mobility and in lower paid jobs. With regard to the implementation of the Code of Good Labour and Non-discrimination Practice in the Central State Administration, the Government indicates that in 2007, dissemination and self‑assessment activities were carried out in each service to evaluate developments in relation to the various aspects of the Code and to identify cases of good practice. The Committee requests the Government to include up-to-date information on the employment of women in the public sector and the three‑year plans for the implementation of the Code of Good Labour and Non‑discrimination Practice in the Central State Administration, and on the impact that those plans have had in reducing the gaps identified.

Sexual harassment. In its previous comments, the Committee referred to Act No. 20005, dated 8 March 2005, concerning sexual harassment and pointed out that the protection provided by the Act is more limited than foreseen in the Committee’s general observation of 2002 in terms of the persons to be protected, those to be considered liable, the scope of application and the procedures for protecting victims. With regard to the complaints lodged under provision 7(a) of the Code of Good Labour and Non-discrimination Practice in the Central State Administration, the Government indicates that persons are being appointed to receive complaints, public servants are being informed about sexual harassment and are receiving training, and the services already have procedures in place for the investigation of complaints relating to work-related harassment and sexual harassment and providing sanctions. The Committee once again requests the Government to envisage the possibility of amending Act No. 20005, taking into account its general observation of 2002 and to provide information on this matter. The Committee also requests the Government to provide up-to-date information in its next report concerning the complaints of sexual harassment in the workplace submitted to the National Labour Directorate and the national courts, as well as complaints under section 7(a) of the Code of Good Labour and Non-discrimination Practice in the Central State Administration.

The retirement age of women. The Committee notes Act No. 20.255 of March 2008 reforming social protection. The Committee notes that the Act establishes a system of solidarity pensions for old age and disability which supplements the pensions system established by Decree No. 3500 of 1980. The Committee notes that although the new Act provides for a single retirement age of 65 years, it has not amended the different retirement ages provided for under the general regime of Decree No. 3500 of 1980, which establishes a retirement age of 60 years for women and 65 years for men. In order to avoid shortening the working life of women in a discriminatory manner when they reach the statutory minimum age of retirement, the Committee requests the Government to provide information on any steps taken to amend Decree No. 3500 of 1980, so as to establish equality in the retirement age for men and women.