Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Discrimination on ground of pregnancy. The Committee has for many years been referring to the discriminatory practice of requiring pregnancy testing and dismissing pregnant women, particularly in the maquila sector and the public administration. The Committee referred in particular to the hiring of workers under item 29 of the General Budget of Revenue and Expenditure which allowed the dismissal of pregnant women. The Committee notes that the Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG), refers to this matter in its observations of 28 August 2009, which the Committee noted in its previous observation. The Committee notes in this connection the Government’s statement that various protective measures and inspection procedures (Ministerial Decision No. 128-2009) have been adopted to verify and investigate reports of incidents of dismissals due to pregnancy or during the period of breastfeeding. The Government also sends statistical information on the number of reports of such dismissals and the action taken on them. It observes that the Government refers to numerous cases of failure by employers to comply with inspectors’ decisions, and indicates that most cases were resolved through conciliation between the parties. Given that discrimination based on pregnancy is a serious form of sex discrimination, the Committee urges the Government to continue to take specific measures, in consultation with the social partners, to secure effective protection for women against discrimination due to pregnancy in access to employment and retention of jobs, and against reprisals for reporting discrimination, including measures to raise awareness among judges, lawyers, labour inspectors and bodies responsible for enforcing the relevant provisions. The Committee also asks the Government to provide information on any cases alleging discrimination based on pregnancy and the results thereof, including any remedies provided or penalties imposed. It further requests the Government to provide information on the penalties imposed on employers for failure to comply with the decisions of labour inspectors in these cases and to send specific examples of such instances together with details of the outcome of conciliation proceedings arising from reports of such discrimination.

Discrimination on grounds of race and colour. Indigenous peoples. The Committee notes the Government’s statement that under the Programa de Gratuidad and the Mi familia progresa programme, scholarships have been granted which allow access to education for indigenous children living in poverty, as well as access to other social and health benefits. The Government also refers to the strengthening of bilingual education, deemed to be more effective than monolingual education, and an increase in the budget allocated to it. The Government also reports on the training and awareness-raising activities conducted by the Department for Indigenous Peoples. The Committee observes, however, that the Government provides no information on the specific measures adopted in the area of employment and occupation to reduce the disparity between indigenous and non-indigenous persons. The Committee requests the Government to continue to adopt specific measures in education, including measures to promote bilingual education, and to provide information in this regard. Please also provide information on the measures and policies adopted or envisaged to address the gaps between indigenous and non-indigenous persons in employment and occupation and in working conditions, indicating in particular the impact of such measures on narrowing such gaps.

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