Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

The Committee notes the Government’s communications of 13 March and 11 and 25 June 2012 replying to comments made on 31 August 2011 by the Confederation of Workers of Argentina (CTA) and the General Confederation of Labour (CGT), which the Committee noted in its previous observation. The Committee further notes the CTA’s comments received on 31 August and 7 September 2012 and those of the CGT received on 21 September 2012, and asks the Government to send its observations thereon.

Equality between men and women. The Committee notes that in its observations, the CTA refers to delay in the adoption of specific legislation to address discrimination in access to employment. The Committee notes that, according to the Government, the National Institute Against Discrimination, Xenophobia and Racism (INADI) is implementing the programme “State consensus against gender discrimination” in various provinces and municipalities, and as part of the programme participatory assemblies are held and a pilot action plan is to be developed for the coordination of local policies in order to eliminate discrimination against women in a number of fields, including at work, in four provinces. The Government also refers to activities conducted by the Tripartite Committee on Equality of Opportunities and Treatment (CTIO) and the Coordinator of Gender Equity and Equal Opportunities at Work (CEGIOT), whose activities include training for women in non-traditional jobs within the framework of the “Programme on New Skills for Women”, promoting the participation of women in negotiating bodies and the balancing of family responsibilities and work. The CTIO also participates in the Internal Commission of the Minister of Labour and Social Security to discuss the labour contracts law and the amendments concerning the issue of reconciling work and family responsibilities. The Government also states that a CTIO scheme is to be established in provinces and municipalities. The Government attaches an INADI report giving an account of the activities and programmes under way, such as the Programme for Parity at Work, the Enterprise Network Programme and the Programme on Good Practices in Public Employment. Pointing out that access to information on the practical effects of the measures taken by the Government at national, provincial and municipal level is important because such data allow an evaluation of the extent to which the measures contribute to equality between men and women in access to work and career development, the Committee requests the Government to send statistical information on the participation of men and of women in the labour market by sector of activity and level of remuneration. It also asks the Government to continue to provide information on the Ministry of Labour and Social Security’s Coordinator of Gender Equity and Equal Opportunities at Work (CEGIOT), the Committee for Work with Equal Opportunities (CTIO) and the National Institute against Discrimination, Xenophobia and Racism (INADI), and in particular the programme “State consensus against gender discrimination”.

National equality policy. The Committee recalls that in its comments, the CGT referred to the lack of any national policy on equality of opportunity and treatment in employment with respect to grounds other than sex. The Committee notes that according to the comments submitted by the CTA, the activities carried out by INADI and the CTIO are not sufficient to secure the mainstreaming of gender equality issues in public policies. The CTA adds that it is important to set up mechanisms to ensure full compliance with standards. The Committee notes that in its report, INADI refers to complaints received for discrimination in employment on various grounds, including social status, disability, HIV status, religion and political opinion. The Committee notes the confirmation of a working group within the Directorate for the Promotion and Development of Non-discriminatory Practices to promote the rights of the groups that have been, historically, most vulnerable. The Committee requests the Government to report on INADI’s treatment of the complaints of discrimination in employment. It also asks the Government to indicate whether there is a national equality policy that covers all the grounds of discrimination set out at Article 1(1)(a) of the Convention, and to send information on any other measures adopted to address discrimination on these grounds.

Domestic workers. The Committee notes that in its observations, the CTA reiterates that most domestic workers are not registered and under the legislation in force have less protection than other workers in terms of hours of work, leave, holidays, etc. The Committee also notes that there is a Bill on workers in private houses. It notes that according to the Government, the Bill is currently under examination by the Senate. A draft law regarding the ratification of the Domestic Workers Convention, 2011 (No. 189), has also been presented in Congress. The Government also refers to Resolution No. 876/2006, the aim of which is to improve the employability of domestic workers by promoting professionalization of their job and providing them with skills to improve their access to the labour market. With this in mind, agreements are being concluded with educational institutions that provide training for domestic workers. In the period 2007–10, training was provided for 7,150 persons. The CTIO has carried out a study on domestic work with the aim of analysing problems faced by the sector and improving the conditions of the workers. The Committee recalls its previous comments noting that the majority of the domestic workers, both national and foreign, are women. The Committee requests the Government to continue to report on the passage through Parliament of the Bill on workers in private houses drafted by the Ministry of Labour and Social Security, and on the implementation of Resolution No. 876/2006 and on any other measures that seek to protect domestic workers and improve their training so as to increase and diversify their job opportunities.

Workers with disabilities. The Committee notes that according to the Government, Act No. 25689 of 2003 provides for a number of possible mechanisms to ensure the inclusion of persons with disabilities in the public sector. Furthermore, section 8 of Act No. 22431 to amend Act No. 25689, establishes an obligation to incorporate persons with disabilities in the three powers of the State and in decentralized public bodies in a proportion of not less than 4 per cent. Under Decree No. 312 of 2 March 2010, various measures were taken in order to register the positions covered by persons with disabilities. The decree also lays down an obligation to set up a register of applicants’ profiles and provides for monitoring in institutions in order to guard against discrimination in public bodies. Furthermore, posts are to be set aside for occupation solely by persons with disabilities. The Committee requests the Government to send information on the number of persons with disabilities actually employed in the public sector, specifying the bodies in which they work. Please also provide information on the measures taken to promote the employment of persons with disabilities in the private sector together with statistical information on the number of such persons actually employed in this sector.

Unregistered workers. The Committee notes that according to the CTA, there is no real monitoring of the situation of unregistered workers as a group that is more vulnerable, inter alia in terms of social protection and equal remuneration. The Committee points out that in its previous comments it asked the Government to provide information on the effects of Act No. 26476 of 2008 and the Employment Regularization Plan and similar measures adopted by the Government to promote the regularization of unregistered workers with a view to reducing their vulnerability and improving their conditions of work. The Committee notes the information from the Government to the effect that the ratio of unregistered workers was 49.9 per cent in 2003 and fell to 36 per cent in 2010. Unregistered work among women posted a drop of 18 per cent. The Government further provides information on the launching of “Digital Work Registration” which should allow a better control of unregistered workers. The Committee requests the Government to continue to provide information on the measures taken to regularize unregistered workers and on the impact of these measures on their working conditions.

The Committee raises other matters in a request addressed directly to the Government.