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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes that the Government has not provided a response to the observations of the Autonomous Popular Trade Union Movement of Guatemala and the Global Unions of Guatemala, received on 16 October 2020, in which they address, among other matters, the adequacy of the General Labour Inspectorate, the requirements of enterprises for staff recruitment, and oversight of the handling of workers’ personal information by enterprises. The Committee requests the Government to provide its comments in this respect.

Legislative reforms. With respect to the reform of the Labour Code, the Government indicates in its report that the following remain in progress: (1) Bill No. 5232, which seeks to expand prohibited grounds for employment discrimination, including: age, ethnicity, sex, civil status, language and physical disability; (2) Bill No. 5523, which seeks to add a second paragraph to section 6 of the Labour Code, prohibiting the acquisition, during recruitment processes, of an applicant’s personal information not voluntarily provided by the applicant or without their consent. The Committee requests the Government to provide information on the progress of the legislative reforms, and firmly expects that any legislative proposal will consider, at least, all the grounds of discrimination enshrined in Article 1(1)(a) of the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. With regard to the adoption of legislative provisions on sexual harassment, the Government indicates that there are: (1) two bills concerning bullying in schools; and (2) one bill regulating sexual harassment as a criminal offence. While welcoming this initiative, the Committee recalls that criminal provisions may be insufficient in cases of sexual harassment at work because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. The Committee requests the Government to provide information on the progress of the current legislative proposals, and to take appropriate measures to ensure that sexual harassment is defined, prohibited and sanctioned, and that reparations are made to victims.

Pregnancy testing and dismissal on the basis of pregnancy. The Committee welcomes the Government’s efforts to collect statistical information on cases of employment discrimination on the basis of pregnancy, with a view to considering proposing a bill. According to the information provided, the General Labour Inspectorate handled 405 complaints of dismissal on the basis of pregnancy between 2020 and 2023. The Committee refers, in this respect, to its General Survey of 2023, Achieving gender equality at work, paragraph 377. The Committee trusts that the Government will redouble its efforts to move forward with the adoption of a bill prohibiting mandatory pregnancy testing to secure or retain employment.

Articles 2 and 3(b) and (f). Gender equality policy. Results of the policy. The Committee notes the extensive information provided by the Government which indicates, inter alia, that: (1) the Ministry of Education established a set of rules and procedures to recognize and certify the knowledge, abilities, skills and competences of persons engaged in trades and occupations, with the result that 846 women and 298 men were certified to September 2019; (2) between 2017 and 2021, 267,971 students (36 per cent men and 64 per cent women) enrolled with the General Directorate of Non-formal Education; (3) in 2021, 1.04 million students were provided with reading materials and learning modules in Mayan languages (48 per cent of female students are indigenous girls); (4) between 2017 and August 2021, through the Technical Capacity-building for Employment Programme, 11,377 young and adult women members of vulnerable groups received training to strengthen their skills and competences to properly equip them to enter the labour market or become self-employed; and (5) between 2017 and 2021, through the First Job Social Grant Programme, integration into the formal labour market was promoted through the temporary recruitment, as apprentices, of 926 women between 18 and 29 years of age, giving priority to single mothers, members of indigenous peoples and people from rural areas and women with disabilities. The Government also indicates that between 2020 and 2022, in the context of the Gender Equality and Promotion of Women’s Human Rights Policy, various awareness-raising activities for the elimination of gender stereotypes were conducted, including a workshop entitled New Digital Technologies for the Empowerment of Women, and a virtual conference entitled Presentation of the Protocol for Addressing, Preventing and Punishing Sexual and Work-related Harassment in the Workplace. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights urged the Government to accelerate the debate and adoption of Bill No. 5452 on the economic advancement of women, which includes measures to enhance women’s employability (document E/C.12/GTM/CO/4, paragraph 21, 11 November 2022). The Committee welcomes the measures taken by the Government, while requesting information on the results, such as statistics on the labour force participation of women, disaggregated by sex, economic sector and occupation. It also requests the Government to provide information on the progress of Bill No. 5452 on the economic advancement of women.

Equality policy. Domestic work. The Government indicates that: (1) a bill on the effective protection of domestic work was introduced, which remains to be put before the Congress of the Republic in plenary sitting; (2) the General Labour Inspectorate, between 2020 and 2023, handled 11 complaints in the aforementioned sector. The Government also provides information on various measures adopted to provide advice and support to domestic workers. The Committee once again requests the Government to provide information on the measures adopted to assess whether the special legal regime applicable to domestic work leads to unfavourable treatment in comparison with the general labour regime. The Committee also requests the Government to continue to provide information on the number of complaints relating to discrimination in this sector and the follow-up given to them.

Supervision of the application of the Convention. The Government indicates, inter alia, that: (1) from 2020 to March 2023, 165 labour inspections concerning discrimination have been carried out; (2) the Presidential Commission to Combat Discrimination and Racism against Indigenous Peoples received a complaint of discrimination at work in 2023 (pending), and three complaints in 2022 (one pending, two dismissed); and (3) 16 court judgments relating to discrimination in employment and occupation were handed down between 2020 and 2022. The Committee notes the observations of the Autonomous Popular Trade Union Movement of Guatemala and the Global Unions of Guatemala, received on 16 October 2020, which indicate that the management and investigation of complaints submitted to the Labour Inspectorate is deficient. The Committee requests the Government to continue to provide information on follow-up to employment discrimination cases, penalties imposed and remedies granted.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Autonomous Popular Trade Union Movement and Global Unions of Guatemala, received on 16 October 2020. The Committee requests the Government to send its comments in this regard.

Legislative reforms. The Committee notes the Government’s indication in its report that two legislative initiatives Nos 5232 and 5523 that seek to reform the Labour Code and fulfil the requirements under the Convention are being examined in the Labour Committee of the Congress. The Committee requests the Government to provide information on the content of these initiatives as regard the Convention and any progress achieved with regard to their adoption.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that there is no reference to sexual harassment in the Labour Code. The Committee notes, however, that in 2019, a protocol defining sexual harassment was adopted for addressing cases of workplace sexual harassment in the Office of the Public Prosecutor. The Committee asks the Government to take measures to include in the labour legislation provisions that define, prohibit and penalize sexual harassment and grant victims the right to compensation.

Pregnancy tests and dismissal on the basis of pregnancy. In its previous comment, the Committee requested the Government to take measures to prohibit mandatory pregnancy testing for securing or retaining employment. The Committee recalls the Government’s indication in its previous report that it had submitted the recommendation to prohibit such testing in the legislation for examination to the President of the Subcommittee on Labour Legislation and Policy of the National Tripartite Committee on Labour Relations and Freedom of Association. The Committee notes the Government’s indication in its supplementary report that no progress has been made on this matter. The Government also indicates that: (1) 107 cases of dismissal on the basis of pregnancy were referred in 2019–2020 to the Working Women’s Unit with a significant increase during the emergency resulting from the COVID-19 pandemic; (2) the labour inspectorate indicates that it did not receive any complaints of pregnancy testing in 2019–2020; and (3) during the same period, it received 257 complaints for dismissals of pregnant women.

The Commission also notes the information that, between 2015 and 2020, the courts reinstated in their posts 5,236 workers dismissed for reasons of pregnancy. The Committee requests the Government to continue providing information: (i) on the measures adopted to prevent mandatory pregnancy testing for securing or retaining employment, and on the number of complaints and cases detected by the labour inspectorate in this area; and also (ii) on progress being made in considering legislation to prohibit such mandatory testing.

Articles 2 and 3(b) and (f). Gender equality policy. Results of the policy. In its previous comment, the Committee requested the Government to send information on the results achieved through the measures adopted as part of the implementation of the National Policy for the Advancement and Comprehensive Development of Women (PNPDIM) and the Equal Opportunities Plan 2008–23 (PEO), to eliminate gender stereotypes and facilitate women’s access to a more diverse range of jobs. The Committee notes that, in its report, the Government provides detailed information on the various measures adopted in this respect, including: (1) the organization of workshops and guidance sessions by the unit for women workers of the General Directorate of Social Security of the Ministry of Labour and Social Security (MTPS); (2) the inclusion of a gender perspective in the various programmes of the Indigenous Development Fund of Guatemala (FODIGUA); (3) the initiatives of the Ministry of Defence (MINDEF) to encourage women participation (changes in the manuals and selection procedures, availability of uniforms, access to technical college, etc.); (4) the participation of women (49.33 per cent of the participants) in the National Competitiveness Programme of the Ministry of Economy; and (5) the activities of the Ministry of Education to raise awareness of the importance of quality and equal education, protection against violence and the prevention of the pregnancy of girls. While noting this information, the Committee observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the significant level of illiteracy, particularly among indigenous girls and women, and the high dropout rates of girls in the education system, as well as the segregation of most women into the lowest-paid occupations (CEDAW/C/GTM/CO/8-9, 20 November 2017, paragraphs 32 and 34). While welcoming the Government’s numerous initiatives to encourage the elimination of gender stereotypes, the Committee requests the Government to continue adopting specific measures to promote the access of girls and women to education and professional training, and to address occupational gender segregation. Noting that, under the PNPDIM and the PEO, the Secretariat for Women shall periodically evaluate their effect on the lives of women, the Committee requests the Government to provide information on the outcomes of this monitoring.

Equality policy. Domestic work. In its previous comment, the Committee requested the Government to: (1) examine whether the special legal regime applicable to domestic workers results in a form of inequality that greatly disadvantages women; and (2) provide information on labour inspection activities in the domestic work sector, and on the number of complaints in relation to discrimination in this sector and the follow-up to those complaints. The Committee notes the Government’s indication that the Working Women’s Unit of the Ministry of Labour and Social Welfare is in the process of designing promotional material to make domestic workers aware of their rights. Between January 2019 and August 2020, a total of 732 domestic workers approached the aforementioned Working Women’s Unit for advice on labour obligations and rights and the impact of the COVID-19 pandemic on these rights and obligations. The Committee also notes that, according to the statistical data included in the Government’s report on the population employed in domestic work, in January 2018, some 99.3 per cent of domestic workers were women. The Committee observes that domestic work is subject to a special legal regime, set out in Chapter 4 of Title IV of the Labour Code. In this respect, the Committee observes that the United Nations Human Rights Committee expressed concern about the inequalities associated with that special regime (CCPR/C/GTM/CO/4, 7 May 2018, paragraph 10). Taking into account that this sector employs significantly more women, the Committee requests the Government to examine whether the special legal regime applicable to domestic workers results in a form of inequality that greatly disadvantages women and to provide information on labour inspection activities in the domestic work sector, and on the number of complaints in relation to discrimination in this sector and the follow-up to those complaints.

Article 3(b) and (e). Education programmes and guidance and vocational training activities for indigenous workers. In its previous comment, the Committee requested the Government to provide information on the measures adopted to facilitate access to education, training and employment for indigenous workers. With regard to access to education, the Committee notes the information provided by the Government on the “initial teacher training” (FID) programme and the “academic programme for the professional development of teachers” (PADEP/D) of the Ministry of Education, aimed at promoting greater inclusion of students from Mayan language communities. In addition, it refers to a series of projects carried out at the San Carlos de Guatemala University (USCG) to support indigenous students. With regard to vocational training, the Government indicates that the Technical Institute for Training and Productivity (INTECAP) has adopted measures to ensure the access of indigenous peoples to vocational training. The Committee also notes the additional information provided by the Government on the access of indigenous workers to the training activities and the employment exchange established by the General Directorate of Employment of the MTPS. With regard to the “Technical training programme – Annual operational programme 2020”, the Government states that in the first four months of this year, dissemination activities were carried out to identify strategic partners to cater for groups in situations of vulnerability, including young persons, returnee migrants, persons with disabilities and indigenous women’s groups. In this regard, on account of the emergency situation in the country, the training programme has not yet begun and it is not yet certain whether it will be possible to launch it this year. For this reason, strategic partnerships have been established with various organizations regarding financial support and catering for different partners who have already been identified as beneficiaries of technical training grants. Lastly, the Committee notes the Government’s indication that, in the context of the International Day of the World’s Indigenous People, 9 August 2019, an inter-institutional cooperation agreement was concluded between the Global Network of Indigenous Employers and the MTPS, which aims to unify efforts for the benefit of women, indigenous people and young people to foster economic growth and comprehensive community development. While noting this information, the Committee refers to its detailed comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comment, the Committee requested the Government to provide information on the activities carried out by the Commission against Discrimination and Racism (CODISRA) and the activities of the labour inspectorate and the judicial authorities in the area of discrimination. The Committee notes the detailed information provided by the Government on the activities of CODISRA, which included: (1) courses for public servants and staff of private and civil society institutions on the rights of indigenous peoples, racism and racial discrimination; (2) support and individual and group advice for individuals from the Maya, Garifuna and Xinka peoples; (3) proposal for the inclusion of indigenous peoples (and cultural aspects) in the response to the COVID-19 pandemic, with immediate actions and a medium- and long-term vision, and also in the emergency plan; (4) training for current and former maquila (export processing sector) workers to become auxiliary nurses specializing in reproductive rights and human and labour rights promoters, in coordination with the Women’s Solidarity Association (AMES); and (5) strengthening of the Maquila Coordination Committee (ICM). The Committee also notes that it has been proposed to include two new procedures to address cases of employment-related and sexual harassment in the workplace in the Single protocol on procedures for the labour inspection system (PUPSIT) and that the approval process is under way. The Committee further notes that, according to information provided by the Government, the number of complaints of cases of discrimination (all grounds) to the labour inspectorate has decreased in recent years (164 in 2016; 123 in 2017; and 59 in 2018). The Committee also notes the Government’s indication that the labour inspectorate does not have information on the penalties imposed for discrimination, although it is taking action to obtain such information, and the Directorate for Labour Management of the Judicial Authority cannot provide information on cases of discrimination. The Committee requests the Government to provide information on the number of inspections as regards discrimination, the number of complaints of discrimination received by CODISRA, the labour inspectorate and the courts, the number of cases identified and the follow-up to these cases.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislative reforms. The Committee notes the Government’s indication in its report that two legislative initiatives Nos 5232 and 5523 that seek to reform the Labour Code and fulfil the requirements under the Convention are being examined in the Labour Committee of the Congress. The Committee requests the Government to provide information on its evolution.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that there is no reference to sexual harassment in the Labour Code. The Committee notes that, in 2019, a protocol defining sexual harassment was adopted for addressing cases of workplace sexual harassment in the Office of the Public Prosecutor. The Committee requests the Government to consider adopting legislative provisions that define, prohibit and penalize sexual harassment and grant victims the right to compensation.

Pregnancy tests and dismissal on the basis of pregnancy. In its previous comment, the Committee requested the Government to take measures to prohibit mandatory pregnancy testing for securing or retaining employment. The Committee notes the Government’s indication in its report that it submitted the recommendation to prohibit such testing in the legislation for examination to the President of the Subcommittee on Labour Legislation and Policy of the National Tripartite Committee on Labour Relations and Freedom of Association. The Government also indicates that: (i) two cases of dismissal on the basis of pregnancy were presented to the Office for the Protection of Indigenous Women between 2017 and 2019; (ii) the Directorate for Labour Management of the Judicial Authority indicates that it did not receive complaints of pregnancy testing between 2016 and 2019; and (iii) the labour inspectorate indicates that, during the same period, it received 728 complaints for dismissals of pregnant women and, in six of these cases, pregnancy testing had been mandatory. The Committee also notes the Government’s indication in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that, in 2016, the single protocol on procedures for the labour inspection system was approved with a view to standardizing the approaches followed by the labour inspectorate, with the support of the ILO and other international agencies. The Committee notes with interest that this protocol provides for checks on whether workers have been denied employment or dismissed on the basis of pregnancy. While noting these developments, the Committee observes that the United Nations Human Rights Committee expressed concern about the persistence of discriminatory practices in business enterprises, including pregnancy testing during the recruitment process (CCPR/C/GTM/CO/4, 7 May 2018, paragraph 8). The Committee requests the Government to report on the application in practice of the guidelines under the single protocol on procedures for the labour inspection system related to pregnancy testing. The Committee requests the Government to report other measures adopted to prevent mandatory pregnancy testing for securing or retaining employment, to inform on the scope of the protection of pregnant women with respect to dismissal, and to continue providing information on the number of complaints and cases detected by the labour inspectorate in this area.

Articles 2 and 3(b) and (f). Gender equality policy. Results of the policy. In its previous comment, the Committee requested the Government to send information on the results achieved through the measures adopted as part of the implementation of the National Policy for the Advancement and Comprehensive Development of Women (PNPDIM) and the Equal Opportunities Plan 2008–23 (PEO), to eliminate gender stereotypes and facilitate women’s access to a more diverse range of jobs. The Committee notes that, in its report, the Government provides detailed information on the various measures adopted by Government institutions in this respect, including: (i) the organization of workshops and guidance sessions by the unit for women workers of the General Directorate of Social Security of the Ministry of Labour and Social Security (MTPS); (ii) the inclusion of a gender perspective in the various programmes of the Indigenous Development Fund of Guatemala (FODIGUA); (iii) the initiatives of the Ministry of Defence (MINDEF) to avoid discouraging the participation of women (changes in the manuals and selection procedures, availability of uniforms, access to the technical college, etc.); (iv) the participation of women (49.33 per cent of the participants) in the National Competitiveness Programme of the Ministry of Economy; and (v) the activities of the Ministry of Education to raise awareness of the importance of quality and equal education, protection against violence and the prevention of the pregnancy of girls. While noting this information, the Committee observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the significant level of illiteracy, particularly among indigenous girls and women, and the high dropout rates of girls in the education system, as well as the segregation of most women into the lowest-paid occupations (CEDAW/C/GTM/CO/8-9, 20 November 2017, paragraphs 32 and 34). While welcoming the Government’s numerous initiatives to encourage the elimination of gender stereotypes, the Committee requests the Government to continue adopting specific measures to promote the access of girls and women to education and professional training, and to address professional segregation. Noting that, under the PNPDIM and the PEO, the Presidential Secretariat for Women shall periodically evaluate their effect on the lives of women, the Committee requests the Government to provide information on the outcomes of this monitoring.

Articles 2 and 3(b) and (f). Equality policy in the domestic work sector. In its previous comment, the Committee requested the Government to provide information on the measures adopted to prevent discrimination in the domestic work sector. The Committee notes the Government’s indication that the Directorate for the Promotion of Labour Law of the MTPS has contributed to better protections in the sector through the following three measures in particular: (i) legal advice for the resolution of cases; (ii) participation in a technical roundtable for addressing the rights of domestic workers chaired by the Deputy Minister for Labour Administration, in coordination with the labour inspectorate, the unit for women workers of the MTPS and the National Office for Women; and (iii) the training of workers in the sector on their labour rights and obligations. While noting this information, the Committee observes that domestic work is subject to a special legal regime, set out in Chapter 4 of Title IV of the Labour Code. In this respect, the Committee observes that the United Nations Human Rights Committee expressed concern about the inequalities associated with that special regime (CCPR/C/GTM/CO/4, 7 May 2018, paragraph 10). The Committee also notes that, according to the statistical data included in the Government’s report on the population employed in domestic work, in January 2018, some 99.3 per cent of domestic workers were women. Taking into account that this sector employs significantly more women, the Committee requests the Government to examine whether the special legal regime applicable to domestic workers results in a form of inequality that greatly disadvantages women. The Committee also requests the Government to provide information on labour inspection activities in the domestic work sector, and on the number of complaints in relation to discrimination in this sector and the follow-up to those complaints.

Article 3(b) and (e). Education programmes and guidance and vocational training activities for indigenous workers. In its previous comment, the Committee requested the Government to provide information on the measures adopted to facilitate access to education, training and employment for indigenous workers. With regard to access to education, the Committee notes the information provided by the Government on the “initial teacher training” (FID) programme and the “academic programme for the professional development of teachers” (PADEP/D) of the Ministry of Education, aimed at promoting greater inclusion of students from Mayan language communities. In addition, it refers to a series of projects carried out at the San Carlos de Guatemala University (USCG) to support indigenous students. With regard to vocational training, the Government indicates that the Technical Institute for Training and Productivity (INTECAP) has adopted measures to ensure the access of indigenous peoples to vocational training and provides statistical data demonstrating an increase in the number of participants from indigenous communities in INTECAP activities between 2016 and 2018 (19,968 participants in 2016, 22,297 participants in 2017, and 27,594 participants in 2018). The Committee also notes the additional information provided by the Government on the access of indigenous workers to the training activities and the employment exchange established by the General Directorate of Employment of the MTPS. Lastly, the Committee notes the Government’s indication that, in the context of the International Day of the World’s Indigenous People, 9 August 2019, an inter-institutional cooperation agreement was concluded between the Global Network of Indigenous Employers and the MTPS, which aims to unify efforts for the benefit of women, indigenous people and young people to foster economic growth and comprehensive community development. While noting this information, the Committee refers to its detailed comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comment, the Committee requested the Government to provide information on the activities carried out by the Commission against Discrimination and Racism (CODISRA) and the activities of the labour inspectorate and the judicial authorities in the area of discrimination. The Committee notes the detailed information provided by the Government on the training activities of CODISRA, which included courses with members of the judiciary and other public institutions on the subject of discrimination, forums for public servants and conferences with the organizations and authorities of indigenous peoples. The Government also indicates that, between January 2016 and January 2019: (i) CODRISA examined 693 individual cases, which were sent to the relevant institutions; and (ii) 356 complaints of discrimination were submitted to the labour inspectorate (including 13 cases on the ground of ethnic group). The Committee also notes that the single protocol on procedures for the labour inspection system provides for checked on whether distinctions, exclusions or preferences are established that have the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The Committee notes that, according to information provided by the Government, the number of complaints of cases of discrimination (all grounds) to the labour inspectorate has decreased in recent years (164 in 2016, 123 in 2017, and 59 in 2018). The Committee also notes the Government’s indication that the labour inspectorate does not have information on the penalties imposed for discrimination (although it is taking action to obtain such information) and the Directorate for Labour Management of the Judicial Authority cannot provide information on cases of discrimination. The Committee requests the Government to provide information on the number of inspections as regards discrimination, the number of complaints of discrimination (received by CODRISA, the labour inspectorate and the courts), the number of cases identified and the follow-up to these cases.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2 of the Convention. Promotion of gender equality. In its previous comments, the Committee asked the Government to send information on the measures taken in the context of the Institutional Strategic Gender Plan and the National Policy for the Advancement and Comprehensive Development of Women and the impact thereof on the promotion of equal opportunities for men and women. The Committee welcomes the Government’s efforts to send statistical information. The Committee notes that, according to these statistics, the labour participation rate for men in 2014 was 82.6 per cent, whereas for women it was 39.9 per cent. Also, according to the statistics, 55.2 per cent of women and 36.7 per cent of men work in low-skilled occupations, 29 per cent of women work in the public administration, and 33 per cent of men work in agriculture. Over 21 per cent of working men and women are in the commercial sector. Some 43.4 per cent of women and 10.7 per cent of men work on their own account. The Committee also observes that, according to the statistics for the public sector, 76 per cent of women are employed in education while men are divided between education (50 per cent) and public finance (38 per cent). The Government also reports on the establishment of gender units at the ministries and secretariats of the Executive Authority. Moreover, it states that the Ministry of Labour has provided training on human rights for some 50 public officials and that the Unit for Working Women at the Ministry of Labour has performed various training activities in schools concerning the labour rights and obligations of women and other awareness-raising and dissemination activities in various public bodies. Furthermore, a memorandum of understanding has been signed between the Ministry of Labour and the Presidential Secretariat for Women concerning inter-institutional coordination in the implementation of the National Policy for the Advancement and Comprehensive Development of Women and the Equal Opportunities Plan 2008–23. In reply to the question concerning the participation of women in the National Development Councils (CODES), the Government states that these constitute the principal means of participation in public management for the indigenous population and indicates the types of representatives who participate in them but does not state whether requirements exist regarding fair, gender-based representation. While duly noting the measures taken, the Committee reminds the Government that the national equality policy is required to be effective and that, according to Article 3(f) of the Convention, information must be provided on the specific results achieved through the adopted measures (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee requests the Government to provide information on the specific measures adopted in the public and private sectors to increase the participation of women in the labour market and ensure gender equality in access to employment and training, including in sectors where women are not traditionally represented, and to eliminate stereotypes regarding the roles of women and men in the world of work and also in decision-making circles. The Committee also requests the Government to send information on the results achieved through these measures, including those adopted as part of the implementation of the National Policy for the Advancement and Comprehensive Development of Women and the Equal Opportunities Plan 2008–23. The Committee further requests the Government to provide information on the activities undertaken by the gender units established at the ministries of the Executive Authority.

Domestic workers. The Committee notes the information supplied by the Government according to which the Parliamentary Labour Commission has issued a favourable opinion concerning the ratification of the Domestic Workers Convention, 2011 (No. 189). The Committee requests the Government to provide information on the legal provisions that apply to domestic workers, particularly specific protection measures that exist for such workers, who are particularly vulnerable to discrimination. The Committee requests the Government to send information, including statistics if possible, on the participation of men and women in domestic work, in both the formal and informal economies, and on what occupational training measures are available to those workers to give them access to a wider range of jobs and better pay.

Indigenous workers. The Committee notes the information provided by the Government on the measures adopted for population groups in situations of poverty, which also benefit the indigenous peoples. The Committee requests the Government to provide further information on the specific measures adopted in education, vocational training and access to employment to promote equal opportunities for indigenous and non-indigenous workers and on the results of such measures, including statistics on the participation of indigenous workers in the labour market, disaggregated by sex and sector.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Trade Union of Workers of Guatemala (UNSITRAGUA) received on 22 October 2014.

Articles 1 and 2 of the Convention. Discrimination on the basis of sex. Pregnancy tests and dismissal on the basis of pregnancy. For several years, the Committee has been referring to the discriminatory practice of mandatory pregnancy testing for securing and retaining employment. The Committee notes that UNSITRAGUA refers in its comments to the persistence of this practice. The Committee notes that the Government refers in its report to the action of the labour inspectorate in cases involving complaints for dismissal on the basis of pregnancy and indicates that 59 cases were detected in 2016. In addition, five complaints were brought before the courts in 2015 and 2016, of which four are pending and one has been withdrawn. The Committee observes that the Labour Code prohibits dismissal on the basis of pregnancy or during the breastfeeding period but does not contain any provisions that forbid the employer to impose mandatory pregnancy testing for securing or retaining employment. The Committee recalls that distinctions in employment or occupation on the basis of pregnancy or maternity are discriminatory since, by definition, they only affect women. The Committee also recalls that the employer’s imposition of mandatory pregnancy testing for securing and retaining employment constitutes a particularly serious form of discrimination on the basis of sex and underlines the importance of governments adopting specific measures, in collaboration with the social partners, to combat discrimination effectively. The Committee urges the Government to take the necessary steps without delay to explicitly prohibit in the legislation mandatory pregnancy testing for securing or retaining employment and to take specific measures to raise the awareness of the public authorities, employers and workers with regard to the discriminatory nature of these practices. The Committee requests the Government to provide information on any progress made in this regard and also on the complaints submitted concerning the dismissal of pregnant women and mandatory pregnancy testing, the action taken in response to the complaints, the penalties imposed and the compensation awarded.

Enforcement. In its previous comments, the Committee referred to the observations of the General Confederation of Workers of Guatemala (CGTG) indicating that, as a result of the general context of impunity, no penalties are imposed in cases of discrimination on the basis of gender, race or sex. The Committee asked the Government to provide information on the complaints brought before the Commission against Discrimination and Racism, the violations detected by the labour inspectorate and the penalties imposed. The Committee notes that the Government refers to the various training activities for judges held across the country in 2015 and 2016 in relation to dissemination of the Convention, and has provided statistical information on the complaints concerning violations of the labour rights of women examined by labour inspectors, but has not provided any information on the action taken in response. Nor has the Government provided information on the activities of the Commission against Discrimination and Racism. The Committee underlines the importance of raising the awareness of workers, employers and the public authorities regarding the relevant legislation, of enhancing the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and also to examine whether the applicable substantive and procedural provisions allow, in practice, claims to be brought successfully. The Committee also emphasizes that adequately resourced and responsive procedures and institutions, which are accessible to all groups, are critical in this context (2012 General Survey on fundamental Conventions, paragraphs 868 and 871). The Committee requests the Government to provide information on the specific activities carried out by the Commission against Discrimination and Racism, and in particular on the complaints for discrimination in employment and occupation that have been examined and the action taken in response. The Committee also requests the Government to provide information on the activities relating to the Convention undertaken by the labour inspectorate and the judicial authorities, particularly the action taken in response to the complaints of discrimination received from men and women workers, including information on examples of compensation awarded and penalties imposed. The Committee further requests the Government to continue supplying statistical information in this respect, disaggregated by sex and grounds of discrimination.

The Committee welcomes the ILO project funded by the European Commission (DG Trade) to provide support for countries benefiting from GSP+, a component of the Generalized Scheme of Preferences aimed at the effective application of international labour standards, which focuses on four countries, including Guatemala.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(1)(a) of the Convention. Gender discrimination. The Committee notes the Government’s statement that in the context of the Institutional Strategic Gender Plan measures are being taken to incorporate new categories in databases to achieve a more accurate overview of the labour situation. Moreover, under the National Policy for the Advancement and Comprehensive Development of Women, a training programme is being implemented for women of the Maya, Garífuna, Xinka and Mestizo peoples, with the provision of vocational guidance and training; awareness-raising campaigns on labour rights are being conducted in indigenous languages for women in agriculture and the maquila (export processing) sector, for migrants and for domestic workers; complaints of violations of women’s labour rights are being systematically followed up; and awareness-raising campaigns are being conducted for employers regarding the labour rights of indigenous women workers. Taking account of the fact that the Institutional Strategic Gender Plan and the National Policy for the Advancement and Comprehensive Development of Women have been under way since 2008, the Committee requests the Government to provide detailed information on the results achieved and the obstacles encountered so far in the elimination of discrimination and the promotion of equal opportunities for men and women. The Committee further requests the Government to continue to provide information on all the measures taken in the context of the abovementioned policy and programme, including those for promoting equality of opportunity and treatment for indigenous women and on the budget allocated for them. The Government is also requested to provide information on the number of complaints filed for violations of women’s labour rights, and on the follow-up action taken. The Government is also requested to indicate to what extent women participate in the national development councils.

Statistics. Emphasizing the importance of reliable statistics that take account of gender for evaluating the impact that adopted policies have on discrimination, the Committee requests the Government to supply statistical information on the situation of women and men in the labour market and on their distribution in the different occupations, jobs and economic sectors.

Educational measures. The Committee notes the Government’s indication that 20 per cent of the active population is untrained and 65 per cent of workers have at best completed primary education. Moreover, 75 per cent of the active population are in the informal sector. In the case of women, figures stand at 78 per cent. In this regard, the Committee recalls that access to education and vocational training is of paramount importance for determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion (see General Survey on the fundamental Conventions, 2012, paragraph 750). The Committee requests the Government to send detailed information, disaggregated by sex and age, on measures taken to promote access to education and training with a view to increasing diversity in the choice of occupations, and on the impact of such measures. The Government is also requested to provide information on initiatives to increase public awareness regarding discrimination in employment and occupation on the grounds listed in the Convention.

Domestic workers. The Committee requests the Government to supply information on the employment situation of domestic workers and the legislation that protects them from discrimination. The Committee invites the Government to consider the possibility of ratifying the Domestic Workers Convention, 2011 (No. 189).

Parts III–V of the report form. The Committee requests the Government to continue to provide information on complaints of discrimination reported to the Commission on Discrimination and Racism, offences detected by the labour inspection services, penalties imposed and remedies provided.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of the General Confederation of Workers of Guatemala (CGTG), dated 30 August 2013, indicating that, as a result of the general context of impunity, no penalties are imposed in cases of discrimination on the basis of gender, race or sex. The Committee requests the Government to provide its comments in this regard.

Discrimination based on pregnancy. For many years the Committee has been referring to the discriminatory practice of requiring pregnancy testing and dismissing pregnant women in the maquila (export processing) sector and the public administration. The Committee notes the Government’s statement that the labour inspectorate has detected 231 cases of dismissal of women due to pregnancy, which are being investigated. However, the Committee observes that the Government does not provide any information on the specific issues raised in the previous observation. The Committee requests the Government to provide information on the outcome of the cases of dismissal of pregnant women detected by the labour inspectorate. Furthermore, given that this involves a serious form of discrimination, the Committee requests the Government, in consultation with the social partners, to take urgent and concrete measures, including legislative measures, to secure effective protection for women against discrimination based on pregnancy in access to employment and retention of jobs, and against reprisals for reporting such discrimination. The Committee also requests the Government to take measures to raise awareness among judges, lawyers, labour inspectors and other bodies responsible for monitoring and enforcing the relevant provisions, and ensure appropriate sanctions are imposed and remedies provided where discrimination on the basis of pregnancy is found. The Committee requests the Government to provide detailed information on this matter.

Discrimination on grounds of race and colour. Indigenous peoples. The Committee notes the Government’s statement that, under the Mi familia progresa (progress for the family) programme, there has been an increase in the rate of school enrolment and attendance for children living in poverty, including indigenous children. As a result of the programme, there has also been an improvement in productive capacity and a reduction in the economic dependence of the beneficiaries. The Committee requests the Government to continue to adopt concrete measures in education and access to employment for indigenous peoples with a view to reducing the disparity between indigenous and non indigenous persons regarding employment, occupation and conditions of work. The Government is also requested to indicate the obstacles encountered and the budget available for the implementation of such measures.

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

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

Article 1(1)(a) of the Convention. Gender discrimination. The Committee notes from the Government’s reports that between January and March 2011, the National Policy for the Advancement and Comprehensive Development of Women was adopted and was disseminated throughout the Ministry of Labour and Social Welfare and its agencies. The Committee nonetheless notes that the Government provides no specific information on the content of the policy or the measures adopted under the Institutional Strategic Gender Plan. The Committee, therefore, requests the Government to provide information on the following:

• (i) the implementation and impact of the Institutional Strategic Gender Plan;
• (ii) the implementation of the National Policy for the Advancement and Comprehensive Development of Women and the Equal Opportunities Plan 2010–13, and their impact on the elimination of discrimination and the promotion of equal opportunities between men and women, including information on measures adopted to address access to vocational training.

Please also provide statistical information on the situation of women and men in the labour market and their distribution in the various occupations, jobs and economic sectors.

Indigenous women. The Committee again asks the Government to provide information on the specific measures taken under the Equal Opportunities Plan 2010–13 to promote equality of opportunity and treatment for indigenous women, and their impact in terms of reducing the discrimination which affects these women particularly.

Domestic workers. The Committee notes the adoption of the National Report on Remunerated Domestic Work prepared for the purpose of determining the characteristics of women who engage in such activities and their working conditions, with a view to adopting measures and actions to protect them. The Committee requests the Government to provide the results of the abovementioned report and the measures taken to protect this group of women workers.

Article 3. Legislation. The Committee notes the motions for legislation on discrimination and gender tabled in Congress and asks the Government to report on all developments in this regard.

Educational measures. While noting the information on the workshops and seminars conducted on awareness-raising and the leaflets distributed, the Committee requests the Government to continue to provide information on initiatives to increase public awareness regarding discrimination in employment and occupation on the grounds enumerated in the Convention.

Parts III to V of the report form. The Committee requests the Government to continue to provide information on the instances of discrimination reported to the Committee against Discrimination and Racism, and the offences detected by the labour inspection services, the penalties imposed and the remedies provided.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. Discrimination on the basis of sex. The Committee notes that the Institutional Gender Analysis revealed a series of problems relating to the effective application of the principle of equality of opportunity and treatment for men and women which include: persistent gender discrimination against women in the labour market; the lack of awareness among women workers of their labour rights, the discretionary application of those rights and the limited capacity of women to claim their rights; and the burden of family care and household chores on women. The Committee requests the Government to provide information on the following:

(i)    the measures taken in response to the results of the Institutional Gender Analysis, including information on the implementation and impact of the Institutional Strategic Plan on Gender; and

(ii)   the implementation of the National Policy on the Promotion and Development of Women and the Equal Opportunities Plan 2010–13 and its impact on the elimination of discrimination and the promotion of equal opportunities for men and women, including information on the measures taken with regard to access to vocational training.

Please also provide statistical information on the employment situation of men and women and their distribution in the various occupations, jobs and economic sectors.

Indigenous women. The Committee notes that, according to the Analysis of Racism in Guatemala, 2009, “The effects of gender discrimination are amplified for indigenous women, corroborating the hypothesis that there is twofold discrimination against these women”. Noting that the Equal Opportunities Plan 2010–13 pays particular attention to Mayan, Garifuna and Xinca women, the Committee requests the Government to provide information on the specific measures taken or envisaged to promote equality of treatment and of opportunity for these women, and the impact thereof.

Bilingual education. The Committee notes that, according to the 2008 report of the Government, 17 per cent of children at the primary level received an intercultural bilingual education (48 per cent girls, 52 per cent boys). The Committee notes that, according to the Analysis of Racism in Guatemala, 2009, “Intercultural bilingual education is more efficient and more effective in achieving its educational objectives than traditional monolingual education. However, this form of education continues to suffer from meagre resources and limited establishment”. The Committee encourages the Government to take the appropriate measures to promote bilingual education and requests it to continue providing statistical information on the number of boys and girls receiving this type of education.

Article 3. Legislation. The Committee recalls that the National Office for Women (ONAM) is implementing the component entitled “Situational analysis of legislative amendments in favour of women”, which identifies seven draft laws and amendments of discriminatory provisions of various laws. The Committee notes that none of the proposals have been adopted. The Committee requests the Government to continue providing information on the progress made with regard to the adoption of the amendments.

Educational measures. The Committee requests the Government to continue providing information on the initiatives designed to raise and strengthen public awareness of the issue of discrimination in employment and occupation on the grounds listed in the Convention.

Parts III–V of the report form. The Committee once again requests the Government to provide information on the complaints of discrimination submitted to the Commission against Discrimination and Racism and the violations noted by the labour inspection services, the penalties imposed and solutions found.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication of the Indigenous and Rural Workers Trade Union Movement of Guatemala (MSICG), dated 28 August 2009, sent to the Government on 19 October 2009. The MSICG comprises the following organizations: the General Confederation of Workers of Guatemala (CGTG); the Trade Union Confederation of Guatemala (CUSG); the National Trade Union and Peoples’ Coordinating Body (CNSP); the Altiplano Rural Workers Committee (CCDA); the National Indigenous Rural Workers and People’s Council (CNAICP), the National Front for the Defence of Public Services and Natural Resources (FNL); and the Trade Union Confederation of Guatemala (UNSITRAGUA). The Committee will address this communication, along with any comments of the Government, at a future session.

Discrimination on the basis of pregnancy: pregnancy testing and dismissals. The Committee recalls that in its previous comments it considered the problem of the practice of pregnancy tests and dismissals on the ground of pregnancy, especially in export processing enterprises (maquiladoras), on the basis of communications received from UNSITRAGUA and the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC). Furthermore, it recalls that in its previous observation, it noted the communication of the Trade Union of Civil Aviation Workers (USTAC), which alleged that the hiring of workers under heading 29 has made it possible to dismiss pregnant women and make illegal arrangements whereby they are requested to leave their employment at the enterprise for the purpose of giving birth, to be hired again subsequently. The USTAC also indicated that this situation occurs throughout the public service.

The Committee considered that the problem of dismissals based on pregnancy was part of a wider problem which called for vigorous structural measures to tackle it and requested the Government to take such measures. It also requested the Government to step up its efforts to tackle discrimination on the ground of pregnancy with regard to obtaining or keeping a job and to strengthen the protection afforded to pregnant workers.

The Committee notes that the Government once again indicates in its report that the General Labour Inspectorate has not received any complaints relating to the imposition of pregnancy tests by enterprises. With regard to the cases of dismissal, it indicates that efforts have been made to encourage the employers concerned to reinstate the workers affected without it being necessary to refer the cases to the courts. It also indicates that the General Labour Inspectorate and the Department for the Promotion of Working Women have managed to raise the awareness of several agencies which have hired women under heading 29 – which nonetheless meet the requirements laid down by the Labour Code for the establishment of an employment relationship – and these women have been granted the benefits relating to pregnancy, maternity and nursing periods.

The Committee wishes to stress that discrimination on the basis of pregnancy constitutes a serious form of discrimination on the basis of sex. The Committee once again draws the Government’s attention to the fact that the lack of complaints of discrimination on the ground of pregnancy with regard to obtaining or keeping a job does not mean that this type of discrimination does not exist in practice. Not only is there often a lack of awareness among workers of their rights and the extent of those rights, victims of discrimination are also afraid of possible reprisals from their employers.

Consequently, the Committee urges the Government to take all the necessary measures without delay and in consultation with the social partners, to ensure effective protection of women against discrimination on the basis of pregnancy with regard to obtaining and keeping a job and against reprisals for bringing cases of discrimination, including measures aimed at sensitizing judges, lawyers, labour inspectors and bodies responsible for enforcing compliance with the relevant regulations. Please also provide information on the measures taken in this regard by the Department for the Promotion of Working Women and the number of cases of reinstatement of women workers and recognition of maternity benefits which are the result of action taken by the General Labour Inspectorate and the Department for the Promotion of Working Women.

Discrimination on the basis of race and colour. Indigenous peoples. The Committee notes the conclusions of the “Analysis of Racism in Guatemala, 2009” concerning the cost of discrimination on the basis of ethnic group or race against indigenous peoples. It notes, in particular, that according to this study the wage gap between indigenous workers and non-indigenous workers is around 8,500 quetzales per year. It notes that this gap is the result of discrimination and of the different working conditions and levels of education between indigenous persons and non-indigenous persons. With regard to access to education, it also notes that the gap between indigenous persons and non-indigenous persons has been narrowing at the pre-primary and primary levels, but has been widening even further at the middle and university levels. The Committee requests the Government to provide information on the measures taken or envisaged to eliminate the gaps between indigenous persons and non-indigenous persons, as identified in the “Analysis of Racism” study, with regard to access to education, employment and occupation and with regard to working conditions, including information on the measures taken in the context of the public policy on coexistence and the elimination of racism, and on the results achieved.

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

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

1. Gender-based discrimination. With regard to the “Plan of action for the full participation of Guatemalan women, 2002–12”, the Committee requests the Government to continue supplying information on the action taken under the Plan relating to equality of opportunity and treatment in employment and occupation.

2. Legislation. The Committee notes that the National Office for Women (ONAM) is implementing the component entitled “Situational analysis of legislative amendments in favour of women” (funded by the Canadian cooperation programme), which identifies seven draft laws and amendments to discriminatory provisions of various laws. The analysis will identify obstacles to approval of the aforementioned drafts and propose strategies for promoting them. The Committee invites the Government to continue its efforts to promote the approval of the aforementioned legislation and keep it informed in this respect.

3. Statistics. The Committee notes that statistical indicators disaggregated by sex are being produced and that it is hoped that the proposal can be approved by the end of 2007. The Committee requests the Government to keep it informed of the progress made on these indicators.

4. Discrimination based on race. Complaints. The Committee notes that the Presidential Commission against Discrimination and Racism has received 67 complaints and that 90 per cent thereof were for discrimination on grounds of gender and language. It notes that the case monitoring system of the Ministry of Public Affairs has not supplied any detailed statistics on types and forms of discrimination but that the focus at present is on a new, more comprehensive database. The Committee hopes that the Government will be able to supply further details in its next report on the number and nature of complaints of discrimination, particularly based on race, and on any follow-up action taken.

5. Educational reform: bilingual education and gender mainstreaming in education. The Committee notes that, according to the report, the use of the mother tongue in schools is important and enables students to be more efficient. It notes that bilingual cultural education has become institutionalized since 1984 but that in 1999, only 22 per cent of Mayan-speaking children between 7 and 12 years of age were receiving bilingual education, with the other 78 per cent attending schools where classes were given only in Spanish. The Committee requests the Government to continue its efforts in the area of bilingual cultural education and to keep it informed in this respect. It also notes that the Ministry of Education drew up a report describing in detail gender mainstreaming in primary education and requests the Government to continue supplying information in this regard. The Committee also requests the Government to continue providing information on the access of women, especially indigenous women, to vocational training.

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

1. The Committee notes the communication from the Trade Union of Civil Aviation Workers (USTAC), received on 18 September 2006, alleging discrimination based on pregnancy against workers recruited under heading 29 of the national budget and the Government’s reply, dated 4 December 2006. It also notes a communication from the Guatemalan Trade Union Movement and indigenous and peasant farmers’ organizations listing 14 trade unions, federations and confederations participating in the communication, received on 27 August 2007. The communication alleges discrimination in the case of the “Faith and Joy” Association and also in the “heading 29” case referred to above.

2. Discrimination based on pregnancy: pregnancy testing and dismissals. In its previous comments, the Committee referred to communications from the Trade Union Confederation of Guatemala (UNSITRAGUA) and the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation)), concerning the administration of pregnancy tests and dismissal on the ground of pregnancy, especially in export processing enterprises (maquiladoras). The Committee notes that, according to the report, the labour inspectorate has not received any complaints relating to the imposition of pregnancy tests as a condition for obtaining or keeping a job. The Government refers to a study entitled “Analysis of gender-based discrimination against women at work, especially in the textile and export processing industries” conducted in the context of the Cumple y gana (Apply and win) programme, with the collaboration of the State Department of the United States. According to this analysis, no pregnancy testing has been reported in clothing and textile enterprises but there is still a high percentage of dismissals among pregnant workers which employers claim to be based on other grounds. The Committee recalls, as it has done on other occasions, that the lack of complaints of discrimination on the ground of pregnancy with regard to obtaining or keeping a job does not mean that this type of discrimination does not exist in practice, and the various communications and the study referred to by the Government indicate that there are problems in this respect. The Committee requests the Government to renew its efforts to tackle discrimination on the ground of pregnancy with regard to obtaining or keeping a job and to strengthen the protection afforded to pregnant workers so that dismissals due to pregnancy which are suggested to be on other grounds cannot occur, and to keep it informed in this respect.

3. Social partners. The Committee notes the activities of the Department for the Promotion of Working Women, including raising awareness of the prohibition on imposing pregnancy tests on workers, and that this work is being carried out in conjunction with the trade unions and will also be done with the employers. The Committee invites the Government to take effective steps in consultation with the social partners to eliminate all forms of discrimination on the ground of pregnancy and to keep it informed in this respect.

4. Communication from the USTAC. In its communication, the USTAC alleges that contracts drawn up pursuant to “heading 29” constitute a form of modern exploitation, since instead of being paid wages or salaries, workers receive monthly fees through a contract which is nearly always for one actual year of work, without any type of social security coverage. It indicates that this type of hiring has made it possible to dismiss pregnant women and make illegal arrangements whereby they are requested to leave their employment at the enterprise while they give birth, to be hired again subsequently. During the intervening period they receive no income and are not covered in terms of social security or medical expenses. In other cases, women workers have been told that if they become pregnant they will be dismissed. The USTAC states that the authorities do not observe the rehiring orders issued by the Labour Inspectorate and that this violation of dignified and decent work occurs not only in the Department of Civil Aviation but throughout the public service. It notes the Government’s statement, in its reply to the communication, that the State of Guatemala concludes administrative contracts with individuals for technical or professional services under “heading 29”, which includes fees for technical or professional services provided by employees without tenure assigned to the service of an executive unit of the State. The Government emphasizes that persons hired under this heading are not employees of the State or public servants since they receive fees, not salaries. It states that some of the women whose contracts were terminated by mutual agreement were rehired and that in other cases the workers’ contracts were terminated on grounds that were unconnected with pregnancy.

5. The Committee cannot ignore the communications referred to in paragraph 2 of this observation, alleging discrimination on the ground of pregnancy, or the analysis referred to by the Government, according to which some sectors contain a high percentage of pregnant women who are dismissed allegedly on grounds other than pregnancy. This information suggests that the problem of dismissals based on pregnancy is part of a wider problem which calls for vigorous structural measures to tackle it. With regard to the case about which the USTAC makes its allegations, it is the State itself which terminates the contracts of pregnant women. Emphasizing the fact that dismissal on the ground of pregnancy constitutes sex-based discrimination, the Committee requests the Government to take all possible steps to ensure that “heading 29” is not used in such a way that women hired under it are discriminated against due to pregnancy, and to keep it informed in this respect. The Committee requests the Government to adopt vigorous measures in this respect since, given that the public sector is concerned, the employer is the State, which has the obligation and the possibility of applying the Convention directly, and to keep it informed in this respect.

6. The Committee notes the numerous activities carried out by various Government bodies to promote the participation and education of women, especially the Department for the Promotion of Working Women, including coordination with the export processing industry dispute prevention body to raise awareness of labour rights in that sector. The Committee requests the Government to continue providing information in this respect.

7. Discrimination based on race. Indigenous peoples. The Committee notes that the Vice-Presidency of the Republic of Guatemala conducted an “Analysis of Discrimination and Racism in Guatemala”, published in 2006, containing a study of the type of public policies needed for eliminating the mechanisms of racism and discrimination prevailing in the country. It notes that, according to the report, such mechanisms play an important role in the severe impact of socio-economic inequalities on indigenous peoples. Noting that the five-volume analysis was not attached to the report, the Committee requests the Government to send a copy and to keep it informed of the follow-up measures taken as a result of the analysis.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. The Committee notes that it has not received the annexes to the Government’s report. The Committee notes the activities undertaken and planned in the context of the “Plan of Action for the Full Participation of Guatemalan Women, 2002-2012” and the recommendations made by the National Women’s Forum in its report “Progress in the participation of Guatemalan women, 1997-2001”, which were referred to by the Government in its report. The Committee also notes that the Forum is planning to prepare a second report on progress in the political participation of women. The Committee requests the Government to keep it informed of the activities undertaken or envisaged in the context of the above Plan of Action and to provide information on the results achieved in practice in improving the proportion of women in the labour market, as well as their participation in positions of greater responsibility, particularly in sectors traditionally reserved for men. The Committee would also be grateful if the Government would provide copies of the successive reports on the progress achieved, prepared by the National Women’s Forum. It further requests the Government to provide information on the results achieved through the Plan of Action for Social Development and Peace Building to promote equality of opportunity and treatment in employment and occupation.

2.  Article 3(b). Legislation. The Committee notes that the National Office for Women (ONAM) has carried out various activities to promote social consensus and the inclusion of various proposals to reform the Labour Code, through the preparation of draft legislative texts, but that they were not adopted. The Committee notes the Government’s intention to continue supporting the proposals by the National Office for Women for approval by the Congress of the Nation. The Committee requests the Government to keep it informed of any progress achieved in the adoption of the proposed legislation.

3. Penal reform. In its previous comments, the Committee noted the penal reform (Decree No. 57-2002) to penalize discrimination on grounds, among others, of race and ethnic origin. The Committee once again requests the Government to provide information on any penal charges and convictions for discrimination on grounds of race and ethnic origin.

4. Article 3(e). With reference to point 4 of its previous direct request concerning vocational training, the Committee notes the closure of the Department of Social Assistance for Men and Women Workers, and the transfer of responsibility and the continuation of its principal activities to the Department for Workers with Disabilities. The Committee requests the Government to provide information on the results achieved and the activities initiated to promote access to vocational training for women, and particularly indigenous women.

5. Educational reform. The Committee notes the various activities promoted by the Gender Subcommission of the Advisory Commission on Educational Reform and the results achieved through its activities. The Committee notes that the Operational Plan for 2005 of the Gender Subcommission includes practical action with a view, among other objectives, to proposing reforms to the Education Act, including the gender perspective in the training of human resources and also in the new programme for secondary and regular education, etc. The Committee requests the Government to provide information on the progress made in achieving the objectives of the Subcommission and any others that it proposes.

6. Statistical indicators. The Committee notes that the institutional mandate of the Presidential Secretariat for Women is to strengthen the situation of women through the implementation of public policies. The Committee notes with interest that the secretariat has formulated a proposal for statistical indicators disaggregated by sex intended to provide a quantitative assessment of the impact of the activities undertaken on the life of women. The Committee requests the Government to provide information on the results achieved through the implementation of this proposal.

7. Cases of discrimination referred to by the Union of Guatemalan Workers (UNSITRAGUA). The Committee notes the information provided by UNSITRAGUA reporting the existence of cases of discrimination in employment and occupation against the following: invalids, persons with disabilities and those with certain incapacities; persons with a trade union background; persons who have lodged complaints or made claims against employers; and persons with a penal or police record. On the latter point, UNSITRAGUA indicates that both the public and private sectors establish the requirement for recruitment to employment of the presentation of a certificate attesting to a clean record, the cost of which moreover is inaccessible for the unemployed. The Committee notes the Government’s indication that the requirement of a certificate attesting to a clean record is disappearing. UNSITRAGUA further alleges discriminatory treatment in relation to men and women workers of the Associative Movement “Faith and Joy” who, under the terms of Ministerial Agreement No. 555-2001 of the Ministry of Education, receive as wages from government funds an amount equivalent to 90 per cent of that paid for the same responsibilities and levels in official schools. The Committee considers that this latter case is not based on any of the grounds of discrimination set out in the Convention. The Committee recalls that the Convention covers cases of discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention and hopes that in future the workers’ organization, when sending its comments, will specify the manner in which the issues raised are related to situations of discrimination on those grounds.

8. The Committee notes the communication of the Trade Union of Workers in Civil Aviation (USTAC) received on 18 September 2006 and sent to the Government on 30 October 2006 for the Government’s consideration. The Committee looks forward to receiving the Government’s response to the contents to this communication.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information provided by the Government in its report and its comments concerning the observations sent by the Trade Union Confederation of Guatemala (UNSITRAGUA), dated 1 September 2003.

2. Legislation. The Committee notes that according to the report, the Tripartite Committee on International Labour Affairs has reached a consensus in relation to the legal reforms that are necessary to bring the Labour Code into conformity with international standards relating to the elimination of discrimination in employment and occupation and, on this basis, the Government has submitted the respective proposal to the Congress of the Republic for approval. The Committee trusts that the Government will amend section 14bis of the Labour Code to include the criteria set out in the Convention and that sexual harassment will be included as a form of sexual discrimination within the meaning outlined in the 2002 general observation. Please keep the Committee informed of progress made in the reform of the Labour Code and provide a copy of the relevant amendments and legislation once they are adopted.

3. Pregnancy tests. The Committee notes the information provided by UNSITRAGUA concerning the existence of discriminatory practices towards women by certain enterprises which compel applicants to undergo pregnancy tests as a requirement for admission to employment. The Committee notes the Government’s indication in reply to this communication that the situation of discrimination against women is included in the reforms to the Labour Code that are being examined by the legislative authorities. The Committee requests the Government to provide information on the measures adopted in practice to prohibit the requirement of pregnancy tests as a condition to obtain and retain employment, and it trusts that this prohibition will be explicitly laid out in the legislation in the context of the amendments to the Labour Code that are currently under discussion. The Committee requests the Government to keep it informed on this matter.

4. Export processing sector. With reference to the comments made by the International Confederation of Free Trade Unions (ICFTU), which were noted by the Committee in 2002 and which relate to sexual harassment, physical abuse, intimidation, threats and reprisals against women workers, the Committee notes with interest the measures adopted by the Ministry of Labour and Social Insurance to prevent and combat discrimination against women in the labour market through the activities carried out by the Department for the Promotion of Women Workers, as well as the activities to raise awareness of women’s labour rights and the efforts made by the dispute settlement body in the export processing sector. The Committee requests the Government to provide information in its next report on the impact of these activities, particularly in the export processing sector, in terms of the results achieved, with an indication of their impact on the situations referred to by the ICFTU.

5. Indigenous workers. In its previous comments, the Committee noted the adoption of the Act for the promotion of education against discrimination (Decree No. 81-2002), which provides for the implementation of non-discrimination programmes in education and in the activities of the Ministry of Culture and Sport. In this context, the Committee notes the establishment of the Unit for the Promotion of Ethnic and Gender Equity in Cultural Diversity and the activities undertaken. The Committee hopes that the Government will develop a national policy guaranteeing equality of access to vocational training for indigenous people at all levels, as this is the principal element determining their opportunities in practice for integration into the labour market in conditions of equality of opportunity, and that it will keep the Committee informed in this respect.

6. Presidential Commission against Racism and Discrimination. The Committee notes from the Government’s reply to UNSITRAGUA’s observations, that it acknowledges that the phenomenon of discrimination against indigenous persons occurs at all levels of national life, including in labour matters. The Committee notes the strategic objectives of the Presidential Commission against Racism and Discrimination, the activities carried out and the survey that is planned in each state institution on the number and category of positions occupied by indigenous persons. It also notes that 50 cases of discrimination and racism in 16 departments of the country have been reported and were monitored during the period 2003, 2004 and the first half of 2005. The Committee requests the Government to provide information in its next report on the measures adopted or envisaged to eliminate ethnic discrimination in employment and occupation, and particularly the activities carried out by the Presidential Commission and their impact in practice. It also requests the Government to provide the findings of the planned survey, where possible disaggregated by sex, and the action taken on the cases referred to with an indication, where appropriate, of the respective administrative and/or judicial decisions.

The Committee is addressing a request directly to the Government on certain matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the legislation attached thereto. Further to the comments it has made in an observation, the Committee requests the Government to provide information on the following points.

1. In reply to previous comments, including those it made in the general observation of 2002, the Committee notes the information supplied by the Government to the effect that the Government has sent a bill to the Congress of the Republic to include in the Labour Code provisions that prohibit and penalize sexual harassment. The Committee trusts that the proposed amendments to the legislation will be adopted and that the definition of sexual harassment will include as key elements "quid pro quo" and "hostile work environment" as referred to in the general observation. The Committee trusts that the Government will be in a position to provide information on progress in this matter on its next report.

2. The Committee notes the Government’s indication to the effect that the National Office for Women participated in preparing a reform to make provision in the internal rules of all enterprises for disciplinary measures to prevent, avoid and penalize sexual harassment at work. The National Office for Women also participated in proposals such as: improving protection for domestic work henceforth to be known as "work in private households"; to amend the legislation to read "person responsible for the family group" instead of "head of the family"; to treat women and minors of the same family performing work in agriculture or cattle raising as individual workers; to hire a minimum quota of women workers with disabilities or women workers who are senior citizens; to provide facilities for nursing mothers; to extend the grounds of discrimination in the labour legislation. The Committee would be grateful if the Government would report on any progress in the adoption of the abovementioned amendments to the law.

3. The Committee notes from the information supplied by the Government on the application of Convention No. 100 that in the public sector in general very few women are hired. In the Office of the President of the Republic, 77 per cent of the staff is male; in the Ministry of the Interior, 89 per cent; and in other government departments the tendency is the same albeit less marked. The Committee further notes that according to a survey carried out in 2002 by the National Institute of Statistics (INE) and Household Surveys Initiative (MECOVI), 35.7 per cent of the female population were economically active, whereas the figure for the male population was 64.3 per cent. The Committee notes that non-governmental organizations such as the National Standing Committee on the Rights of Indigenous Women of COPMAGUA and members of the Women’s Sector, with support from the Women’s Forum and a number of public institutions, took an active part in the preparatory discussions on a number of bills to improve the status of women, and in the preparation of a report "Progress in the political participation of women 1997-2001" and the Action Plan (for the full participation of Guatemalan women 2002-12). The Committee requests the Government to provide information on the activities and results of the abovementioned programmes and bills, and on any other measures adopted to encourage, and where possible ensure, a higher percentage of women in the labour market and a higher participation rate of women in posts of responsibility, particularly in sectors traditionally reserved for men. The Committee also would be grateful if the Government would send a copy of the report and the Action Plan (for the full participation of Guatemalan women 2002-12).

4. The Committee notes the information and the text supplied by the Government on the promulgation of Government Agreement 242-2003 creating a General Training Department in the Ministry of Labour and Social Welfare. It also notes that projects are being devised through the Department of Social Assistance to Men and Women Workers in order to promote human and community development in the most needy sectors and groups of the population. It further notes that training workshops have been held for various occupations, in many cases using bilingual trainers, and that loans have been granted under a revolving credit programme to expand units of production. The Committee trusts that the Government will provide more information in its next report on the results of the activities under way to promote access to vocational training by women, particularly indigenous women.

5. The Committee notes the information provided by the Government to the effect that in the context of the educational reform, the National Forum for Women and the Women’s Secretariat succeeded in creating a gender subcommittee, which participates in the meetings of the Advisory Council on Educational Reform and that, as a result, suggestions have been made for gender mainstreaming in teacher training. The Committee would be grateful if the Government would provide information on concrete progress made in this area in applying the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report sent by the Government and the attachments thereto. It also notes the comments made by the Trade Union of Workers of Guatemala (UNSITRAGUA) on 25 August 2003 containing information on gender discrimination and on the requirements for admission to employment and working conditions. The Committee forwarded these observations to the Government for its comments. The Committee will deal with the two sets of comments jointly.

1. The Committee notes the information supplied by the Government in its report to the effect that a reform of the Labour Code is under way and that it will add to the grounds of discrimination in work centres those of sex, age, sexual orientation, ethnic group and disability. The Committee notes that the reform leaves out other grounds laid down in the Convention - colour, national extraction and social origin - to which the Committee has been referring in its comments for more than ten years. It requests the Government to envisage the possibility of amending section 14bis of the Labour Code so as to prohibit discrimination on grounds of colour, national extraction and social origin as well.

2. The Committee noted in its previous comments the information supplied by the International Confederation of Free Trade Unions (ICFTU) of 28 January 2002 indicating that discrimination against women in employment is common in Guatemala, particularly in the export-processing sector, where working conditions are very poor. The ICFTU also observed that sexual harassment and physical abuse are common and that women workers are not as a rule unionized because of intimidation and threats of reprisals on the part of employers if they join unions. The Committee notes the information supplied by the Government in its report to the effect that the most common causes of violations of women’s rights at work in the export-processing sector have to do with dismissals during pregnancy or during the nursing period; ill treatment; unlawful suspension; unlawful reductions of wages; lack of holidays and massive dismissals. The Committee again points out to the Government that the situations described by the ICFTU and by the Government itself are intimately related to the points raised by the Committee in previous comments. In view of the seriousness of the abovementioned violations, the Committee trusts that the Government will be in a position to provide information in its next report on the concrete results achieved by the measures adopted or envisaged to prevent and combat discrimination against women in the labour market.

3. The Committee noted in its previous comments that, according to the ICFTU, the average length of schooling for indigenous minors is 1.3 years as compared to 2.3 years for non-indigenous minors. In its comments on the Government’s report on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee noted that a law on the promotion of education against discrimination (Decree No. 81-2002) had been adopted with a view to implementing programmes to combat discrimination in education and the activities of the Ministry of Culture and Sport.

4. In its comments on the Government’s report on the application of Convention No. 169, the Committee likewise noted the amendment of the Penal Code (Decree No. 57-2002) in order to penalize discrimination on grounds of race and ethnic group amongst others. It also noted the creation of the Presidential Commission against Racism and Discrimination. The Committee would be grateful if in its next report the Government would provide information on the activities carried out by the above commission to combat discrimination, and on the results obtained. Please also provide information on penal complaints and sentences for discrimination on grounds of race and ethnic group.

5. As it did in its previous comments, the Committee requests the Government to provide information on the results obtained by the Action Plan for Social Development and the Construction of Peace 1996-2000 in promoting equality of opportunity and treatment in employment and occupation.

The Committee is also addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its report.

1. The Committee notes the promulgation of Ministerial Agreement No. 213-2000 of 7 July 2000, providing for the establishment of the occupational training programme of the Ministry of Labour and Social Welfare. The Committee requests the Government to provide a copy of the plan and to report on the measures being taken to promote access to vocational training for women and indigenous peoples.

2. The Committee observes that the Government was intending to promote legislation classifying sexual harassment as an offence, punishable as an aggravated offence when committed against indigenous women. The Committee asks the Government to indicate whether such provisions have been adopted and, if so, to send a copy of the text together with information on its practical application.

3. The Committee also asks the Government to send detailed information on the status and working conditions of women employed in the export processing zones, such as statistics and summaries of labour inspection reports, in order that application of the provisions of the Convention may be assured.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, which were forwarded on 28 January 2002 to the Government, and on which comments have not been received. The ICFTU indicates in its communication that discrimination in employment is common in Guatemala, particularly in the case of women workers who make up the majority of the labour force in export processing zones, where the conditions of work are poor. It indicates that sexual harassment and physical abuse are common and that women workers are generally not unionized, and suffer intimidation and threats of reprisals by employers if they join unions. Furthermore, the ICFTU states that the average period of education for young indigenous persons is 1.3 years, while the same figure for the non-indigenous population is 2.3 years, which the ICFTU interprets as an indication of serious discrimination.

2. The Committee notes that some of the matters raised by the ICFTU are closely related to the issues that it has been raising in previous comments, particularly the situation and conditions of work of women employed in industrial export processing zones. With regard to the period of education of young indigenous persons, it is worth recalling in this context that the institution of primary education for all is one of the fundamental elements of a policy of equality of opportunity and treatment in employment and occupation. In this respect, the positive measures taken to give effect to the national policy referred to in Article 2 of the Convention assume special importance. They make it possible to rectify the de facto inequalities affecting members of groups that are at a disadvantage (see the General Survey on equality in employment and occupation, 1988, paragraphs 78 and 82). The Committee hopes that the Government will provide full particulars in its next report on the matters raised above by the ICFTU, as well as on the Committee’s previous comments contained in a direct request and an observation, the latter of which read as follows:

1. The Committee observes that for more than ten years it has been pointing out the need to reform the labour legislation in order to effectively ensure equality of opportunity and treatment in employment and occupation. It notes that the relevant provisions have not yet been amended, although the draft Labour Code and draft Labour Procedure Code have been submitted to the Congress of the Republic. Section 14bis of the Labour Code prohibits discrimination based on the grounds of race, religion, political beliefs and economic situation, but does not cover the other grounds provided for in the Convention (colour, sex, national extraction or social origin). The Committee recalls that, although the Convention allows flexibility as regards the process of formulating the policy on equality and the form in which measures to achieve the principle of equality are applied, establishment of the principle in a country’s basic law does not, on its own, amount to an equal opportunities policy. An express guarantee of equality of opportunity and treatment in employment and occupation and a prohibition of discrimination on the grounds set out in the Convention is called for under the Convention. Furthermore, the Committee is of the view that any provisions adopted to give effect to the principle of this instrument should encompass all the grounds set out in paragraph 1(a) of Article 1 of the Convention. In this connection, the Committee refers the Government to paragraph 58 of its General Survey on equality in employment and occupation of 1988, and paragraphs 206 to 208 of the Special Survey on equality in employment and occupation of 1996.

2. The Committee observes that the Government’s report contains no information on the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee reiterates its request that the Government provide information on the Action Plan for Social Development and the Construction of Peace, 1996-2000, specifically on the practical application and results obtained, together with information on the measures it has taken or plans to take in the future, including any new plans that may have been drawn up to promote equality of opportunity and treatment in employment and occupation.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government in its report.

1. The Committee notes the promulgation of Ministerial Agreement No. 213 2000 providing for the establishment of the occupational training programme of the Ministry of Labour and Social Welfare, 7 July 2000. The Committee requests the Government to provide a copy of the plan and to report on the measures being taken to promote access to vocational training for women and indigenous peoples.

2. The Committee observes that the Government was intending to promote legislation classifying sexual harassment as an offence, punishable as an aggravated offence when committed against indigenous women. The Committee asks the Government to state whether such provisions have been adopted and, if so, to send a copy of the text together with information on its practical application.

3. The Committee also asks the Government to send detailed information on the status and working conditions of women employed in the export processing zones, such as statistics, summaries of labour inspection reports, etc., in order that application of the provisions of the Convention may be assured.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. The Committee observes that for more than ten years it has been pointing out the need to reform the labour legislation in order to effectively ensure equality of opportunity and treatment in employment and occupation. It notes that the relevant provisions have not yet been amended although the draft labour code and draft labour procedure code have been submitted to the Congress of the Republic. Article 14bis of the Labour Code prohibits discrimination based on the grounds of race, religion, political beliefs and economic situation, but does not cover the other grounds provided for in the Convention (colour, sex, national extraction or social origin). The Committee recalls that, although the Convention allows flexibility as regards the process of formulating policy on equality and the form in which measures to achieve the principle of equality are applied, establishment of the principle in a country’s basic law does not, on its own, amount to an equal opportunities policy. An express guarantee of equality of opportunity and treatment in employment and occupation and a prohibition of discrimination on the grounds set out in the Convention is called for under the Convention. Furthermore, the Committee is of the view that any provisions adopted to give effect to the principle of this instrument should encompass all the grounds set out in paragraph 1(a) of Article 1 of the Convention. In this connection, the Committee refers the Government to paragraph 58 of its General Survey of 1988 on equality in employment and occupation, and paragraphs 206 to 208 of the Special Survey of 1996 on equality in employment and occupation.

2. The Committee observes that the Government’s report contains no information on the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee reiterates its request that the Government provide information on the Action Plan for Social Development and the Construction of Peace, 1996-2000, specifically on the practical application and results obtained, together with information on the measures it has taken or plans to take in the future, including any new plans that may have been drawn up to promote equality of opportunity and treatment in employment and occupation.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that in reply to its previous direct request, the Government states that it is the Civil Code in the amendment indicated in the report which contains new provisions relating to equality of opportunity and treatment. Since the Congress of the Republic rejected the discussion and approval of the draft substantive and procedural labour codes which took into account the observations of the Committee in relation to equality of opportunity and treatment set out in the Convention, the Committee would be grateful if the Government would inform it about the measures adopted to promote the principle of the Convention.

2. In relation to the obligation to formulate and implement a national policy which, by methods appropriate to national conditions and practice, promotes equality of opportunity and treatment in respect of employment and occupation, the Government's report refers to its previous report in which it cites the Action Plan for Social Development and Construction of Peace, 1996-1997 (PLADES), but has not sent information on the application in practice and results, even though partial, of the plan. The Committee requests the Government to send in its next report information on the results of the application of PLADES with reference to Article 2 of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its previous comments, the Committee notes with satisfaction the promulgation of Decree No. 80-98 of 19 November 1998, repealing section 114 of the Civil Code, which provided that a husband could oppose his wife's employment, provided that his earnings were sufficient to maintain the household. It also notes the amendment of sections 109, 115, 131, 132 and 155 of the Civil Code, enshrining joint marital representation, the joint administration of the couple's assets and shared parental authority.

The Committee is addressing a direct request to the Government on other matters.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous direct request on the progress of certain legislative initiatives in regard to indigenous communities, the Committee notes the Peace Agreements on Identity and Rights of Indigenous Peoples and on Socio-economic Aspects and the Agrarian Situation attached to the report which will be examined next year in the framework of Convention No. 169.

2. It also notes with interest that the Inter-institutional Commission created by government resolution No. 711-93 in which the National Office for Women (ONAM) participated is intended to eradicate the sexist roles and stereotypes in schoolbooks with the aim of placing men and women on an equal footing.

3. The Committee notes that the Congress of the Republic, in exercise of its legal powers, rejected the discussion and approval of the Substantive Labour Code and the Procedural Labour Code which were submitted to the Congress. The Committee recalls that these bills were the subject of observations by the Committee relating to the equality of opportunity and treatment enshrined in the Convention. The Committee requests the Government to indicate whether there are other legislative initiatives which have been the subject of previous observations by the Committee, particularly in relation to equality of opportunity and treatment.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Discrimination on the ground of sex. For several years, the Committee has been raising the discriminatory nature of section 114 of the Civil Code which provides that a husband may oppose his wife's employment provided he earns enough to maintain the household. The Committee notes with interest the Government's report, in particular that the Committee on Legislation and Constitutional Matters of the Congress of the Republic is studying a bill which would repeal section 114 of the Civil Code. The Committee requests the Government to inform it on the progress in Congress of this bill.

2. The Committee is also addressing a direct request to the Government on other matters.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes from the Government's reports that the draft texts of the new Substantive Labour Code and the new Procedural Labour Code which had been submitted to the national Congress have not yet been adopted. It therefore asks the Government to continue to keep it informed of progress in this adoption and to provide a copy of these Codes when they have been adopted.

2. The Committee notes from the Government's report that indigenous communities are well represented in technical and professional fields, and hold high level positions in the public sector. The Committee therefore requests the Government to provide statistics on the number of people from indigenous communities who are enrolled in technical institutes and institutions of higher education, and are currently employed in the public sector.

3. Recalling that it has been requesting information on the bill to regulate all matters relating to indigenous communities since 1989, the Committee notes that, according to the last Government report, the bill has not yet been adopted. It therefore requests the Government to provide a copy of the Act when it has been adopted.

4. In this context, the Committee notes that within the framework of the Comprehensive Agreement on Human Rights in Guatemala, the Government signed the Agreement on Identity and Rights of Indigenous Peoples on 31 May 1995 with the Unidad Revolucionaria Nacional Guatemalteca (URNG). The Committee welcomes this initiative to strengthen the rights of its indigenous communities within the framework of the current peace process in the country, and notes that the Agreement on Identity and Rights of Indigenous Peoples has been endorsed as a national commitment "to eliminate oppression and discrimination". The Committee notes with interest that it contains specific provisions to promote equal opportunities in education for indigenous peoples and that the Agreement as a whole will come into force at the signing of the final peace agreement, while those aspects relating to human rights recognized by Guatemalan law, including international treaties, conventions and other instruments ratified by Guatemala, shall have immediate force and application (copy of text annexed to UN General Assembly document A/49/882 of 10 April 1995).

5. The Committee notes Governmental Resolution No. 711-93 of 16 December 1993 to create an inter-institutional commission to implement the necessary measures to guarantee equal opportunity for both men and women, in cooperation with the National Office for Women, a department of the Ministry of Labour and Social Insurance. The Committee requests the Government to provide information in its next report of the functions and activities of the commission, including the mechanisms for coordination with the National Office.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes with interest the Government's statement that the draft texts of the new Substantive Labour Code and the new Procedural Labour Code, which took into account the observations of the Committee, have been submitted to Congress. The Committee hopes that the new texts will include provisions specifically intended to guarantee the equality of opportunity and treatment established by the Convention. The Committee requests the Government to supply a copy of the above Codes when they have been adopted.

2. The Committee refers to the information supplied in the Government's previous report concerning the measures that were envisaged to repeal discriminatory legislative provisions, and in particular section 114 of the Civil Code, which regulates the way in which the husband may oppose his wife's going out to work, provided that he earns enough to maintain the household. The Committee hopes that the Government will be able to indicate the progress achieved in this connection.

3. With regard to the measures to guarantee to Guatemalans of different ethnic origins the benefit of equality of access to training, the Committee recalls the information supplied by the Government according to which the special commission of the Congress of the Republic is examining the formulation of the Bill to regulate all matters concerning indigenous communities. The Committee once again requests the Government to continue supplying information on this matter and to provide a copy of the Act once it has been adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Discrimination on the ground of sex. The Committee has been raising for several years the discriminatory nature of section 114 of the Civil Code which regulates the manner in which a husband may oppose his wife's employment provided he earns enough to maintain the household and which has not been repealed. The Government has replied, as it again does in its most recent report, that this norm has been functioning without generating any controversy, that it is in conformity with national practice and custom, and in accordance with "the idiosyncrasies of the Guatemalan people". According to the Government, however, the number of wives who work is increasing.

2. Recalling its previous requests for information on the repeal of such discriminatory legislative provisions announced in the Government's 1988 report as a conclusion arising from a National Seminar on Women held that year, the Committee urges the Government to take the necessary steps to bring the national legislation into conformity with Article 3(c) of the Convention which requires the Government to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the policy of equal opportunity.

3. The Committee is also addressing a direct request to the Government on other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes with interest the Government's statement that the draft texts of the new Substantive Labour Code and the new Procedural Labour Code, which took into account the observations of the Committee, have been submitted to Congress. The Committee hopes that the new texts will include provisions specifically intended to guarantee the equality of opportunity and treatment established by the Convention. The Committee requests the Government to supply a copy of the above Codes when they have been adopted.

2. The Committee refers to the information supplied in the Government's previous report concerning the measures that were envisaged to repeal discriminatory legislative provisions, and in particular section 114 of the Civil Code, which regulates the way in which the husband may oppose his wife's going out to work, provided that he earns enough to maintain the household. The Committee hopes that the Government will be able to indicate the progress achieved in this connection.

3. With regard to the measures to guarantee to Guatemalans of different ethnic origins the benefit of equality of access to training, the Committee recalls the information supplied by the Government according to which the special commission of the Congress of the Republic is examining the formulation of the Bill to regulate all matters concerning indigenous communities. The Committee once again requests the Government to continue supplying information on this matter and to provide a copy of the Act once it has been adopted.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes with interest the Government's statement that the draft texts of the new Substantive Labour Code and the new Procedural Labour Code, which took into account the observations of the Committee, have been submitted to Congress. The Committee hopes that the new texts will include provisions specifically intended to guarantee the equality of opportunity and treatment established by the Convention. The Committee requests the Government to supply a copy of the above Codes when they have been adopted.

2. The Committee refers to the information supplied in the Government's previous report concerning the measures that were envisaged to repeal discriminatory legislative provisions, and in particular section 114 of the Civil Code, which regulates the way in which the husband may oppose his wife's going out to work, provided that he earns enough to maintain the household. The Committee hopes that the Government will be able to indicate the progress achieved in this connection.

3. With regard to the measures to guarantee to Guatemalans of different ethnic origins the benefit of equality of access to training, the Committee recalls the information supplied by the Government according to which the special commission of the Congress of the Republic is examining the formulation of the Bill to regulate all matters concerning indigenous communities. The Committee once again requests the Government to continue supplying information on this matter and to provide a copy of the Act once it has been adopted.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous direct request, the Committee asked the Government to provide information on the legislation and on the measures taken or under consideration to give effect to the principle contained in the Constitution of equality with regard to access to employment, occupation and training. The Committee notes that a tripartite committee, given the task of formulating proposals to amend the Labour Code, is working on bringing it up to date and developing it.

The Committee hopes that the revision of the labour legislation will make it possible to include provisions intended to specifically guarantee the equality of opportunity and treatment enshrined in the Convention and requests the Government to continue supplying information on the progress of the work to revise the Code and to supply a copy of the new Labour Code when it has been adopted.

2. The Committee notes that, according to the information supplied by the Government in its report, among the conclusions of the National Seminar for Women, organised by the National Office for Women, a department of the Ministry of Labour and Social Insurance, is a proposal to create a joint committee to revise legislation which contains provisions discriminating against women, to present proposals and draft amendments and to seek the repeal of section 114 of the Civil Code, which regulates the way in which the husband may oppose his wife's going out to work, provided that he earns enough to maintain the household. The Committee requests the Government to continue supplying information on the activities of the National Office for Women.

3. In its previous direct request, the Committee requested the Government to supply information on the measures taken to guarantee to Guatemalans of different ethnic origins the benefit of equality of access to training, in accordance with the provisions of section 71 of the national Constitution.

The Committee notes that a special commission of the Congress of the Republic is examining the formulation of draft legislation to regulate all matters concerning indigenous communities.

The Committee requests the Government to continue supplying information on this matter and to provide a copy of the Act once it has been adopted.