Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Honduras (RATIFICATION: 1960)

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The Committee notes the observations of the Honduran National Business Council (COHEP) received on 1 October 2020 and 31 August 2021. The Committee notes the Government’s replies in which it indicates that, in general, it agrees with the statements made by COHEP.

Legislative reforms. The Committee notes that, in its report, the Government indicates that no progress has been noted in relation to the review of the Labour Code and the Equal Opportunities for Women Act (LIOM). The Committee requests the Government to continue providing information on any developments in this regard.

Articles 1 and 3(b) of the Convention. Definition of discrimination in the legislation. The Committee previously requested the Government to consider, in the context of the possible reform of the Labour Code, the inclusion of a definition of the term “discrimination” and the enumeration of at least all the grounds listed in Article 1(1)(a) of the Convention. The Government refers to the formulation of the Bill to issue the Code of Labour Procedure, which would establish protection for workers in the event of the violation of fundamental rights such as non-discrimination at work. In this regard, the Committee notes COHEP’s indication that, as the Economic and Social Council (CES) was not convened in 2020-2021, the status of the Bill to issue the Code of Labour Procedure before the National Congress is not known. Under these conditions, the Committee trusts that the Labour Code reform will include a legislative definition of the term “discrimination” and the completion of the list of grounds set out in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on any developments regarding the examination of the Bill to issue the Code of Labour Procedure. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office with regard to both legislative initiatives.

Sexual harassment. In relation to its previous request regarding the need for a definition of sexual harassment in the legislation, the Committee notes the Government’s indication that the Bill to issue the Code of Labour Procedure provides for protection of the physical, psychological and moral integrity of workers, including with regard to cases of sexual and moral harassment at work. According to the Government, three factors are required by the Bill for the determination of sexual harassment: (1) any kind of approach or pressure of a sexual nature, whether physical or verbal; (2) such an approach or pressure is unwanted by the person experiencing it; and (3) such an approach or pressure arises from the employment relationship, and results in a hostile working environment, impedes the performance of work or restricts the victim’s occupational opportunities. The Committee trusts that the Bill to issue the Code of Labour Procedure will include provisions that prohibit both types of sexual harassment (quid pro quo and a hostile working environment).

Regarding the statistical data on complaints of sexual harassment, the Committee notes the information from the Office of the Prosecutor-General provided by the Government, which indicates that, in 2020, 100 complaints were filed (bullying and harassment combined), five of which were closed and three of which were investigated. The Committee notes COHEP’s indication that 439 complaints of sexual harassment were received by the National Emergency System between 1 January and 31 July 2020, and 273 specifically during the lockdown period (15 March – 31 July 2020). The Committee requests the Government to provide information on the number of persons prosecuted and the sanctions imposed and remedies granted in cases in which acts of sexual harassment were found to have taken place. The Committee also requests the Government to make every effort to prevent and combat sexual harassment, and to provide information in this regard.

Articles 2 and 3. National equality policy. In its previous comment, the Committee requested the Government to provide information on the monitoring and assessment of the results achieved with regard to equality and non-discrimination in employment and occupation in the context of the implementation of the National Employment Policy of Honduras (PNEH) and the Joint Framework for Action (MAC). The Committee notes the information provided by the Government regarding the difficulties faced by the country in relation to the COVID-19 pandemic, following which it will be necessary to review and adjust economic and employment policy measures to the new approach adopted by the country to economic growth, investment decisions and the stimulation of public and private consumption. The Committee further notes COHEP’s indication that, despite the creation of the Tripartite Decent Work Sectoral Round Table (MSED), which is responsible for developing and monitoring the PNEH and the MAC, the Government has not reconvened a meeting since the Sectoral Round Table was established, or undertaken any action aimed at implementing and coordinating the two instruments. Lastly, according to COHEP, to date, no updated statistical data or information is available on the monitoring and evaluation of the impact of the PNEH and the MAC with regard to equality and non-discrimination. The Committee requests the Government to: (i) indicate the measures taken or envisaged to address the difficulties encountered in the effective implementation of its national policy to promote and achieve equality of opportunity and treatment for women and men in employment and occupation; and (ii) provide, to the extent possible, any available information, including statistical data disaggregated by gender, on the monitoring and evaluation of the National Employment Policy of Honduras and the Joint Framework for Action, with a particular emphasis on equality and non-discrimination.

Articles 2 and 3(b) and (e). National gender equality policy. Elimination of gender stereotypes, and assistance programmes. The Committee notes that, in reply to its request for information on the City Women’s Centres (CCM) programmes, the Government indicates that the following modules have been developed: (1) awareness and protection of women’s rights; (2) women’s economic autonomy; (3) sexual and reproductive health; (4) comprehensive care for young women; (5) community education; and (6) childcare support during the provision of care for women at the centre. The Committee notes that COHEP’s observations are in line with those of the Government. The Government observes that the activities carried out by all City Women’s Centres for the elimination of gender stereotypes and sexual harassment in the workplace consist of receiving the complaints filed at the centre, in order to initiate the corresponding investigations through an extraordinary inspection, and the referral of the complaints to the General Directorate of Labour Inspection. In the case of an anonymous complaint, an ordinary inspection is ordered, which is carried out ex officio in order to monitor compliance with all labour provisions. The Committee takes due note of this information and requests the Government to provide information on the impact of the City Women’s Centres in relation to the elimination of gender stereotypes.

Articles 2 and 3(b) and (f). National gender equality policy in the maquila. The Committee notes the detailed information provided by the Government on the various training activities conducted by the Honduran Association of Maquiladoras (AHM), with support from the ILO on several occasions, to promote gender equality and combat discrimination in employment and occupation in this sector. However, the Committee notes that, in reply to its request for information on the action taken by labour inspectors in the maquila sector, and on the number of complaints received on discrimination in the sector and their follow-up, the Government reports that the current system for the administration of cases does not include “discrimination” among the causes of complaints and does not specifically address cases relating to the maquila sector. The Committee recalls that, in 2019, the Working Group on the issue of discrimination against women in law and in practice of the United Nations Human Rights Council reported that women workers in the maquila sector often suffer from “harassment, exploitation, psychological pressure based on high productivity objectives, longer working hours, few resting times, little time to eat and no access to drinking water”, safety and health and recommended the Government to ensure that labour inspectors conduct thorough and independent investigations in maquilas into working, safety and health conditions, and that effective referral mechanisms are available to all workers (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 41 and 76(e)). The Committee trusts that the appropriate measures will be taken for the harmonization of the action of the labour inspectorate in order to collect information on the types of violations in maquilas, disaggregated by sex, and the sanctions imposed.

Articles 2 and 3(f). Gender equality policy in agriculture and rural areas. With respect to the measures taken or envisaged to promote gender equality in employment and occupation in the agricultural sector and in rural areas, the Government indicates that the National Agrarian Institute (INA): (1) encourages the organized rural population to increase the participation of women as beneficiaries of the land titling process; and (2) focuses its work on providing support for organized producers in enterprises in the rural sector, indigenous and Afro-Honduran communities, and promotes a greater share for women of the resulting benefits. These activities are interrelated, both in terms of access to land, and to the production scheme, and therefore women participate extensively in the establishment of family vegetable gardens. However, the Government recognizes that the INA does not have sufficient resources to launch campaigns aimed at changing the attitudes of the population, which are entrenched in gender stereotypes. The Government indicates that, in accordance with the legislation, the degree of participation is determined by the beneficiaries and, although both men and women have the same rights, the cultural context of the population living in the countryside (where men make the final decision) has slowed down the adoption of the scheme. The Committee notes that, during the period from 2019 to February 2021, 271 land titles were granted to women heads of indigenous households (669 were issued to men), and 1,561 land titles were granted to women heads of households in rural areas (2,451 were issued to men). The Committee observes that, according to the new statistical data provided, the number of land titles granted to women (6,961) remains significantly lower than the number granted to men (14,418). The Committee encourages the Government to continue making every possible effort to promote gender equality in employment and occupation in the agricultural sector and in rural areas.

Articles 2 and 3(b) and (e). National equality policy to combat discrimination on the grounds of race, colour and national extraction. The Committee notes the Government’s statement that, despite the efforts made by the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH), no significant progress or commitment has been demonstrated by the various State institutions to meet the aspirations outlined in the Political Agenda for Indigenous and Afro-Honduran Women (adopted in 2013). The Government also underscores that it is necessary to analyse the implementation of the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples (P-PIAH) 2016-2026, as the operational mechanisms for the achievement of the strategic objectives have not yet been developed. The Committee therefore encourages the Government to carry out a comprehensive analysis, in consultation with the workers’ and employers’ organizations concerned, to: (i) identify the obstacles and challenges to the effective application of the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples; and (ii) develop an appropriate and concerted strategy to effectively overcome these obstacles and challenges.

Articles 2 and 3(a) and (b). National equality policy for persons living with HIV and AIDS. In its previous comment, the Committee requested the Government to provide information on the measures taken to collaborate with employers’ and workers’ organizations on the preparation and development of its equality policy for persons living with HIV and AIDS. The Committee notes the Government’s reference to: (i) the activities of the National AIDS Commission (CONASIDA) in relation to the development of the draft Honduran Equity and Equality Act and the draft Gender Identity for Transgender Persons Act, to promote respect for and non-discrimination against women and men key workers in response to the HIV/AIDS epidemic; (ii) the provision of training for the representatives of the Secretariat of Labour in various municipalities on the policy on HIV in the world of work; (iii) the processing and follow-up of complaints and claims related to the labour rights of persons with HIV/AIDS; and (iv) the promotion of stigma- and discrimination-free spaces in private enterprises and municipalities. The Committee also notes the information provided by COHEP, according to which the national response to HIV is to be reoriented through the National Strategic Plan for the Response to HIV in Honduras 2020-2024 in light of the analysis of the AIDS epidemic and the response thereto, and the United Nations General Assembly Political Declaration on ending the HIV and AIDS epidemic as a public health problem by 2030. The Committee requests the Government to provide information on the progress made with the adoption of the draft Honduran Equity and Equality Act and the draft Gender Identity for Transgender Persons Act.

National equality policy for persons with disabilities. In reply to the Committee’s request for statistical data on the access to work of workers with disabilities, the Government indicates that, on average, 96 per cent of enterprises do not meet the quotas established by the Act on equity and comprehensive development for persons with disabilities (Decree No.160-2005). The Government adds that, due to the lockdown resulting from the COVID-19 pandemic and the emergency measures adopted, it was complicated to create employment opportunities in general, and in particular for persons with disabilities. The Committee further notes the indication by COHEP that, in May 2021, the National Congress held its first reading of the new Act on inclusive sustainable development for persons with disabilities. This Act was considered necessary to bridge the gaps in the Act on equity and comprehensive development for persons with disabilities, and to ensure that public, social, economic and cultural policies provide for the full participation, development, integration and effective inclusion of persons with disabilities, and guarantee equality of opportunity with the rest of the population, with a view to effectively achieving and implementing human development. COHEP indicates that, according to the Single Register of Participants of the National Social Sector Information Centre, motor disabilities are the main form of disability (representing 31 per cent of the disabled population in Honduras), followed by visual disabilities (26 per cent), mental disabilities (19 per cent), hearing disabilities (11 per cent) and speech disabilities (11 per cent). COHEP also indicates that 75.31 per cent of persons with disabilities struggle to find work or devote themselves exclusively to household tasks. The Committee requests the Government to provide information on the adoption of: (i) the new Act on inclusive sustainable development for persons with disabilities; and (ii) specific measures with a view to ensuring that persons with disabilities enjoy equality of opportunity and treatment in employment and occupation, and to eliminating any discrimination in this regard.

Enforcement. In its previous comment, the Committee requested the Government to provide information on the adoption of new inspection protocols, the number of inspections conducted relating to discrimination, the number of cases identified, and the action taken on those cases (sanctions imposed and applied). The Committee notes the Government’s indication that, in 2018 and 2019, the Ministry of Labour and Social Security (STSS) published four protocols on different subjects (inspection processes, freedom of association and collective bargaining, occupational safety and health, and child labour). In its observations, COHEP refers to the same protocols. The Committee requests the Government to indicate whether any of the above protocols address subjects related to equality and non-discrimination, or whether a specific protocol on these matters is envisaged in the near future.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the observations of the General Confederation of Workers (CGT), the Workers’ Confederation of Honduras (CTH), and the Honduran National Business Council (COHEP), provided with the Government’s report, as well as the observations of the COHEP, received on 2 September 2019 and the response of the Government received on 9 October 2019.

Legislative reforms. The Committee notes the adoption of a new Penal Code, through Decree No. 130-2017 (“Penal Code”) and the Labour Inspection Act, through Decree No. 178-2016 (“Labour Inspection Act”). The Committee also notes the indication in COHEP’s observations that that a tripartite consensus was reached on draft regulations pursuant to the Labour Inspection Act. Further to its previous comments on the possible revision of the Labour Code and the Equal Opportunities for Women Act (LIOM), the Committee notes the Government’s indication in its report that the National Institute for Women (INAM) has initiated a proposal to reform the LIOM and that, in this respect, several meetings have been held with representatives of various State institutions and civil society. The Committee also notes the Government’s indication in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that, in order to reform labour legislation, the Economic and Social Council (CES) first has to be informed of the intention to reform or amend the Labour Code and that the authorities were notified so that they could begin taking the necessary measures to harmonize labour legislation with international Conventions. The Committee also notes that, in its observations, the COHEP indicates that no employers’ organization has been convened to analyse the LIOM reform, nor has the proposed reform been submitted to the CES. The Committee requests the Government to provide information in this respect.

Articles 1 and 3(b) of the Convention. Definition of discrimination in legislation. The Committee notes from the provisions of the new Penal Code on the prohibition of discrimination (sections 212 and 295), that: (1) they cover four of the seven grounds listed in Article 1(1) (a) of the Convention (race, sex, religion and political opinion (or ideology)) and 17 other grounds of discrimination (beliefs, language, ethnicity, national origin, indigenous people or people of African descent, place of residence, sexual orientation, gender identity, gender considerations, civil status, family or economic situation, age, illness, disability and pregnancy); (2) they do not refer to discrimination based on colour; (3) they prohibit discrimination based on “national origin” and “economic status”, which are terms that may be more limited than the criteria in the Convention, of “national extraction” and “social origin”; and (4) they prohibit “denying a service to which a person is entitled” and “presuming to exercise legal or trade union representation”, which does not necessarily cover all aspects of employment and occupation protected by the Convention. The Committee also notes that the relevant provisions of the Labour Code (sections 12 and 367): (1) do not define the term “discrimination”; (2) do not include references to the grounds of colour and national extraction; (3) only prohibit discrimination on the grounds of sex with respect to wages; and (4) prohibit discrimination based on “economic situation”, which could be more restrictive than the term, “social origin”, contained in the Convention. The Committee recalls that having clear and comprehensive definitions of what constitutes discrimination in employment and occupation is instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey, 2012, on the fundamental Conventions, paragraph 743). The Committee, therefore, requests the Government to consider, in the context of the possible reform of the Labour Code, the inclusion of a definition of the term “discrimination” and the enumeration of at least all the grounds listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application of section 212 of the Penal Code in the workplace.

Sexual harassment. In its previous comments, the Committee requested the Government to adopt legislative measures to prohibit both quid pro quo and hostile working environment harassment and to provide information on the results of the “No means No” campaign. The Committee notes the Government’s indication that the INAM will propose the inclusion of regulations on hostile working environment harassment in the context of the reform of the LIOM. The COHEP also indicates in its observations that, in June 2018, a bill was proposed to combat violence and harassment in employment and in education. According to the COHEP, the bill presents procedural inconsistencies and could have an adverse effect on the private sector. While it notes this information, with regard to the legislation in force, the Committee notes that: (1) the Labour Code does not cover quid pro quo sexual harassment, (2) sections 60 of the LIOM and 30 of the LIOM regulations refer to sexual harassment without defining it; and (3) the definition of sexual harassment in section 294 of the Penal Code does not cover sexual harassment. The Committee also notes that, in their observations, the CGT and CTH indicate that there should be broader knowledge of the statistics on complaints of sexual harassment. Concerning the results of the “No means No” campaign, the Committee notes the Government’s indication that workshops on the issue of sexual harassment were held in the public and private sectors. It also notes COHEP’s indication that it is unaware of the results of the “No means No” campaign. The Committee therefore requests the Government to: (1) adopt legislative measures to prohibit both types of sexual harassment (quid pro quo and hostile working environment harassment); (2) provide statistical data on complaints of sexual harassment (civil and penal) and on the action taken as a result of those complaints; and (3) continue providing information on the campaigns conducted to combat sexual harassment.

Articles 2 and 3. National equality policy. Further to its previous comment, in which it noted that the National Agreement, which envisaged equality measures for a range of population groups, was no longer in force, the Committee notes that, in its report, the Government and the COHEP refer to the adoption of the Joint Framework for Action (MAC), implementing the National Employment Policy of Honduras (PNEH), which were both approved on a tripartite basis in the CES. In this respect, the Committee notes that the PNEH promotes equality of opportunity and treatment in employment and occupation and refers explicitly to the following grounds of discrimination: race, sex, age, religion, political opinion and social origin. The Committee also notes that the principles of equality and non-discrimination are cross-cutting themes of the Joint Framework for Action. The Committee also notes the Government’s indication that the Sectoral Office for Development and Social Inclusion (GSDIS) was established to facilitate coordination between State departments, with the institutional objective of “generating opportunities for well-being and developing skills and abilities to improve the living conditions of families in situations of extreme and relative poverty, vulnerability, exclusion and labour market risk, and with a view to achieving active inclusion in society.” The Government also indicates that the Ministry of Development and Social Inclusion (SEDIS) comprises, among others, the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH) and the Directorate for Disability. The Committee requests the Government to provide information, particularly statistics, on the monitoring and assessment of the impact of the National Employment Policy of Honduras and Joint Framework for Action in relation to equality and non discrimination.

Articles 2 and 3(b) and (e). National gender equality policy. Elimination of stereotypes, and assistance programmes. In its previous comment, the Committee requested the Government to take specific measures to ensure gender equality in access to employment and training and to eliminate stereotypes relating to the tasks ascribed to women and to men. The Committee notes that the Government refers to the adoption of the Second Gender Equality and Equity Plan of Honduras 2010-2022 (II PIEGH) and the creation of a technical standing committee to implement the plan. The Committee notes that both the National Employment Policy of Honduras and the II PIEGH envisage the adoption of specific measures for the vocational training and inclusion of women (such as skills training, access to credit, workshops, etc.). The Committee also notes that, according to the information available on the website of governmental programme, “City Woman”, four permanent City Women’s Centres (CCM) and one mobile CCM that offer, among other services, assistance in matters relating to economic independence, protection of rights and education. In its observations, COHEP refers to various initiatives by businesses aimed at promoting gender equality. COHEP indicates that: (1) the “Principles of Gender Equality and Equity in Business”, promoting an inclusive corporate culture, were adopted; (2) a number of interview-based videos were made to inspire more companies to break free from gender stereotypes; (3) in collaboration with the National Autonomous University of Honduras (UNAH), a market systems diagnostic survey was conducted, according to which companies that offer more non-wage benefits (annual leave, sick leave, maternity leave, etc.) report a higher percentage of employed women; (4) it worked with the ILO to prepare a report, “Women in business management in Honduras”, according to which 50 per cent of the companies surveyed implement a number of initiatives for women’s equal advancement, 46 per cent implement equal wage policies, and the main impediments to women accessing managerial positions are stereotypes regarding the skills and role of women, compatibility with family responsibilities, the lack of commitment of leaders and flexibility of hours and/or travel. According to COHEP, these results highlight a cultural problem in the country and society’s vision of the work–family balance which doubles the burden on women. The Committee requests the Government to provide detailed information on the activities of the City Women Centre (CCM) to eliminate gender stereotypes and to specify whether those activities also aim at combating sexual harassment in the workplace. The Committee also requests the Government to provide information on the other specific measures envisaged or taken to eliminate stereotypes and improve women’s access to a broader range of jobs, and to promote gender equality in the workplace.

Articles 2 and 3(b) and (f). National gender equality policy in the maquila. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to promote gender equality in the maquila industry and in the Employment and Economic Development Zones (ZEDE). The Committee notes that the Government, CGT, CTH and COHEP indicate that the Employment and Economic Development Zones are not operating in the country. With regard to the application of the principle in the maquila industry, the Committee notes that the Government and COHEP have provided the same report by the Honduran Association of Maquiladoras (AHM). In its report, the AHM notes, for example, that: (1) with technical support from the ILO, a good practice guide to promote equality and combat discrimination in the industry has been prepared; (2) it launched a campaign in collaboration with the ILO in order to eradicate violence in the world of work; (3) it ran training sessions in companies in industry on the issues of sexual harassment and workplace psychological harassment; (4) it signed the Agreement of the “City Woman” Presidential Programme, which includes the objective of women’s development and financial independence; and (5) it signed the Tripartite Agreement for the Promotion, Investment, Generation, Protection and Development of Decent Employment, Health, Access to Credit, Debt Consolidation and Access to Housing of Workers in the Honduran Maquila Textile Sector and other companies in the Free Zone, signed on 13 December 2018 (maquila industry agreement), which includes clauses on the promotion of gender equality and the prevention of violence and harassment in the workplace. While noting this information, the Committee observes that, on the issue of discrimination against women in law and practice, the Working Group of the United Nations Human Rights Council reported that women workers in the maquila sector often suffer from “harassment, exploitation, psychologic pressure based on high productivity objectives, longer working hours, few resting times, little time to eat and no access to drinking water, safety and health” and recommended the Government to ensure that labour inspectors conduct independent and thorough investigations in the maquila into the working, safety and health conditions, and that effective referral mechanisms are available to all workers (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 41 and 76(d) and (e)). The Committee requests the Government to continue providing information on the action taken in the maquila sector in order to promote gender equality in employment and occupation, and on the action and resources available to combat discrimination in employment and occupation in that sector. In this regard, the Committee also requests the Government to provide detailed information on the work of labour inspectors in the maquila sector, as well as on the number of complaints received on discrimination in the sector and the action taken as a result of those complaints.

Articles 2 and 3(f). Gender equality policy in agriculture and in rural areas. In its previous comments, the Committee requested the Government to provide information on the measures taken to promote gender equality in the Honduran agricultural sector, particularly in relation to the equitable distribution of land title. The Committee notes the Government’s indication that the National Agrarian Institute has created a number of mechanisms to promote the participation of women under equal conditions, in particular with relation to: the granting of land titles, the organization of groups of rural workers, the implementation of productive projects and training. The Committee also notes the statistics provided by the Government on the land titles issued between 1 January 2016 and 20 March 2019 and observes that, according to those statistics, the number of land titles granted to women continues to be significantly lower than the number of titles granted to men (7,928 titles issued to men and 4,278 to women). The Committee requests the Government to continue providing information on the measures taken or envisaged to promote gender equality in employment and occupation in the agricultural sector and in rural areas, as well as statistical information on the impact of those measures (such as information disaggregated by sex on the holding of land title).

Article 3(b) and (e). Educational programmes and occupational guidance and training activities for indigenous women and women of African descent. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to improve education, vocational training and increase the labour market participation of indigenous women and women of African descent. The Committee noted the Government’s indication that since 2018, the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH) has been helping to draft the Policy on Indigenous Women and Women of African Descent and that the main components of the policy include political participation, education, culture and access to information and the economic rights of indigenous and Afro-Honduran women. The Government also indicates that the DINAFROH has promoted the inclusion of indigenous women as beneficiaries of the governmental programme, “Solidarity Credit” to encourage the development of microenterprises and to boost community economies. The Government also refers to the holding of talks, workshops and meetings for indigenous and Afro-Honduran women. The Government indicates, for example, that DINARFROH, SEDIS and City Woman organized the “Honduras is a Woman” forum, within the framework of International Women’s Day. Finally, the Committee notes the Government’s indication that on 26 November 2018, the Supreme Electoral Tribunal (TSE) and the Redmiah Network of Indigenous and Afro-Honduran Women, signed a cooperation agreement that will contribute to improving the conditions in which women involved in the network can exercise their political rights. Lastly, the Government indicates that, in the context of the Table on International Labour Standards of the CES, information was shared and discussed with the worker and employers’ sectors regarding the impact of the measures adopted on the education, the vocational training and the increase in the participation in the labour market of indigenous and Afro Honduran women. Noting this information, the Committee observes that the United Nations Committee on the Elimination of Racial Discrimination expressed concern at the multiple forms of racial discrimination that indigenous and Afro Honduran women continue to endure, reflected in impediments to their access to work and education, for example (CERD/C/HND/CO/6-8, 14 January 2019, paragraph 36). The Committee also notes the indication of the Working Group on discrimination against women in legislation and in practice of the United Nations Human Rights Council that there is insufficient data on women suffering intersectional forms of discrimination in order to serve as a basis for the formulation of specific policies (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 61 and 62). The Committee requests the Government to provide information on the collection of data on the multiple discriminations faced by indigenous and Afro-Honduran women in employment and occupation, and on the measures taken or envisaged in order to eliminate them.

Articles 2 and 3. National equality policy to combat discrimination on the grounds of race, colour and national extraction. The Committee notes that the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples (P-PIAH) 2016–2026 provides, for example, for the adoption of measures to ensure legal protection in the areas of equality and non-discrimination as well as an indicator system to measure policy results. The Committee requests the Government to provide information on the results of the public policy to combat racism and racial discrimination for the comprehensive development of the indigenous and Afro Honduran peoples (P-PIAH) 2016–2026.

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.

Articles 2 and 3(a) and (b). National equality policy for persons with HIV and AIDS. In its previous comment, the Committee requested the Government to provide information on the measures taken to prevent and eradicate discrimination against persons with HIV and AIDS. With regard to the legal framework, the Committee notes the Government’s reference to measures provided for by the Special Act on HIV/AIDS (Decree No. 25-2015). The Government also indicates that it is preparing the regulations of the Special Act on HIV/AIDS. Concerning activities relating to the prevention of discrimination and stigmatization of persons with HIV, the Government indicates that it is working, including through the National Human Rights Council (CONADEH), on training public and private actors (national police, prosecutors of the Public Prosecutor’s office, health workers, inspectors from the Ministry of Labour and Social Security (STSS), municipal decision-makers and human rights networks, etc.). Finally, with regard to the relevant coordination institutions, the Committee notes that: (1) the Government refers to the National AIDS Commission (CONASIDA); (2) COHEP indicates that it is part of the regional and national HIV, Malaria and Tuberculosis Coordination Mechanisms (MCR and MCP-H), and the CONASIDA, but that none of these three bodies addresses measures to prevent and eradicate discrimination on the grounds of HIV or AIDS; and (3) the CGT and CTH note that the committees that used to deal with HIV and AIDS no longer exist. The Committee requests the Government to provide information on the measures taken to collaborate with employers’ and workers’ organizations in order to prepare and develop its equality policy for persons with HIV and AIDS.

National equality policy for persons with disabilities. Further to its previous request to provide information on all of the grounds of discrimination protected by the Convention, the Committee notes with interest the detailed information provided by the Government on the efforts made for the employment of persons with disabilities. In particular, the Committee notes the adoption of the following measures: (1) the improvement and relaunch of a computerized registration platform, “Empleate Plus”; (2) the establishment of the Working Group on the Labour Market Inclusion of Persons with Disabilities, made up of representative organizations of civil society and governmental institutions; (3) the establishment of the National Labour Market Inclusion Committee, in which organizations of persons with disabilities, private companies and governmental institutions, including the STSS participate; (4) the preparation of a protocol on care for people with disabilities; and (5) job analysis to identify the physical, cognitive and sensory requirements for the performance of a job. The Committee requests the Government to provide statistical information on the access to work of workers with disabilities (proportion of persons with disabilities who are employed, information on the job analyses, information on the use of complaints mechanisms in case of discrimination, etc.).

Enforcement. Labour inspection. In its previous comment, the Committee requested the Government to provide information on labour inspection activities relating to discrimination and the action taken on the cases identified. The Committee notes the Government’s indication that the inspection protocols do not contain sections focusing specifically on issues relating to discrimination. The Government also indicates that it is working on the preparation of action plans for labour inspectors that have an inclusive outlook in terms of gender equality; and that, in collaboration with the ILO, the National Labour Inspection Strategy was drafted and will be used to develop labour inspection activities and that it identifies specific parts of the country, as well as priority issues, with a focus on gender equality throughout. The Committee also notes COHEP’s indication that it requested the Attorney General’s Office (PGR) for information labour inspection notices, detailing the amounts of the fines imposed by the General Directorate of Inspection, but that it has not received that information. The Committee requests the Government to provide detailed information on the adoption of new inspection protocols, the number of inspections conducted relating to discrimination, the number of cases identified (by ground of discrimination) and the action taken on those cases (sanctions imposed and applied).

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The Committee notes the observations of the General Confederation of Workers (CGT), the Workers’ Confederation of Honduras (CTH), and the Honduran National Business Council (COHEP), provided with the Government’s report, as well as the observations of the COHEP, received on 2 September 2019 and the response of the Government received on 9 October 2019.

Legislative reforms. The Committee notes the adoption of a new Penal Code, through Decree No. 130-2017 (“Penal Code”) and the Labour Inspection Act, through Decree No. 178-2016 (“Labour Inspection Act”). The Committee also notes the indication in COHEP’s observations that that a tripartite consensus was reached on draft regulations pursuant to the Labour Inspection Act. Further to its previous comments on the possible revision of the Labour Code and the Equal Opportunities for Women Act (LIOM), the Committee notes the Government’s indication in its report that the National Institute for Women (INAM) has initiated a proposal to reform the LIOM and that, in this respect, several meetings have been held with representatives of various State institutions and civil society. The Committee also notes the Government’s indication in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that, in order to reform labour legislation, the Economic and Social Council (CES) first has to be informed of the intention to reform or amend the Labour Code and that the authorities were notified so that they could begin taking the necessary measures to harmonize labour legislation with international Conventions. The Committee also notes that, in its observations, the COHEP indicates that no employers’ organization has been convened to analyse the LIOM reform, nor has the proposed reform been submitted to the CES. The Committee requests the Government to provide information in this respect.

Articles 1 and 3(b) of the Convention. Definition of discrimination in legislation. The Committee notes from the provisions of the new Penal Code on the prohibition of discrimination (sections 212 and 295), that: (1) they cover four of the seven grounds listed in Article 1(1) (a) of the Convention (race, sex, religion and political opinion (or ideology)) and 17 other grounds of discrimination (beliefs, language, ethnicity, national origin, indigenous people or people of African descent, place of residence, sexual orientation, gender identity, gender considerations, civil status, family or economic situation, age, illness, disability and pregnancy); (2) they do not refer to discrimination based on colour; (3) they prohibit discrimination based on “national origin” and “economic status”, which are terms that may be more limited than the criteria in the Convention, of “national extraction” and “social origin”; and (4) they prohibit “denying a service to which a person is entitled” and “presuming to exercise legal or trade union representation”, which does not necessarily cover all aspects of employment and occupation protected by the Convention. The Committee also notes that the relevant provisions of the Labour Code (sections 12 and 367): (1) do not define the term “discrimination”; (2) do not include references to the grounds of colour and national extraction; (3) only prohibit discrimination on the grounds of sex with respect to wages; and (4) prohibit discrimination based on “economic situation”, which could be more restrictive than the term, “social origin”, contained in the Convention. The Committee recalls that having clear and comprehensive definitions of what constitutes discrimination in employment and occupation is instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey, 2012, on the fundamental Conventions, paragraph 743). The Committee, therefore, requests the Government to consider, in the context of the possible reform of the Labour Code, the inclusion of a definition of the term “discrimination” and the enumeration of at least all the grounds listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application of section 212 of the Penal Code in the workplace.

Sexual harassment. In its previous comments, the Committee requested the Government to adopt legislative measures to prohibit both quid pro quo and hostile working environment harassment and to provide information on the results of the “No means No” campaign. The Committee notes the Government’s indication that the INAM will propose the inclusion of regulations on hostile working environment harassment in the context of the reform of the LIOM. The COHEP also indicates in its observations that, in June 2018, a bill was proposed to combat violence and harassment in employment and in education. According to the COHEP, the bill presents procedural inconsistencies and could have an adverse effect on the private sector. While it notes this information, with regard to the legislation in force, the Committee notes that: (1) the Labour Code does not cover quid pro quo sexual harassment, (2) sections 60 of the LIOM and 30 of the LIOM regulations refer to sexual harassment without defining it; and (3) the definition of sexual harassment in section 294 of the Penal Code does not cover sexual harassment. The Committee also notes that, in their observations, the CGT and CTH indicate that there should be broader knowledge of the statistics on complaints of sexual harassment. Concerning the results of the “No means No” campaign, the Committee notes the Government’s indication that workshops on the issue of sexual harassment were held in the public and private sectors. It also notes COHEP’s indication that it is unaware of the results of the “No means No” campaign. The Committee therefore requests the Government to: (1) adopt legislative measures to prohibit both types of sexual harassment (quid pro quo and hostile working environment harassment); (2) provide statistical data on complaints of sexual harassment (civil and penal) and on the action taken as a result of those complaints; and (3) continue providing information on the campaigns conducted to combat sexual harassment.

Articles 2 and 3. National equality policy. Further to its previous comment, in which it noted that the National Agreement, which envisaged equality measures for a range of population groups, was no longer in force, the Committee notes that, in its report, the Government and the COHEP refer to the adoption of the Joint Framework for Action (MAC), implementing the National Employment Policy of Honduras (PNEH), which were both approved on a tripartite basis in the CES. In this respect, the Committee notes that the PNEH promotes equality of opportunity and treatment in employment and occupation and refers explicitly to the following grounds of discrimination: race, sex, age, religion, political opinion and social origin. The Committee also notes that the principles of equality and non-discrimination are cross-cutting themes of the Joint Framework for Action. The Committee also notes the Government’s indication that the Sectoral Office for Development and Social Inclusion (GSDIS) was established to facilitate coordination between State departments, with the institutional objective of “generating opportunities for well-being and developing skills and abilities to improve the living conditions of families in situations of extreme and relative poverty, vulnerability, exclusion and labour market risk, and with a view to achieving active inclusion in society.” The Government also indicates that the Ministry of Development and Social Inclusion (SEDIS) comprises, among others, the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH) and the Directorate for Disability. The Committee requests the Government to provide information, particularly statistics, on the monitoring and assessment of the impact of the National Employment Policy of Honduras and Joint Framework for Action in relation to equality and non discrimination.

Articles 2 and 3(b) and (e). National gender equality policy. Elimination of stereotypes, and assistance programmes. In its previous comment, the Committee requested the Government to take specific measures to ensure gender equality in access to employment and training and to eliminate stereotypes relating to the tasks ascribed to women and to men. The Committee notes that the Government refers to the adoption of the Second Gender Equality and Equity Plan of Honduras 2010-2022 (II PIEGH) and the creation of a technical standing committee to implement the plan. The Committee notes that both the National Employment Policy of Honduras and the II PIEGH envisage the adoption of specific measures for the vocational training and inclusion of women (such as skills training, access to credit, workshops, etc.). The Committee also notes that, according to the information available on the website of governmental programme, “City Woman”, four permanent City Women’s Centres (CCM) and one mobile CCM that offer, among other services, assistance in matters relating to economic independence, protection of rights and education. In its observations, COHEP refers to various initiatives by businesses aimed at promoting gender equality. COHEP indicates that: (1) the “Principles of Gender Equality and Equity in Business”, promoting an inclusive corporate culture, were adopted; (2) a number of interview-based videos were made to inspire more companies to break free from gender stereotypes; (3) in collaboration with the National Autonomous University of Honduras (UNAH), a market systems diagnostic survey was conducted, according to which companies that offer more non-wage benefits (annual leave, sick leave, maternity leave, etc.) report a higher percentage of employed women; (4) it worked with the ILO to prepare a report, “Women in business management in Honduras”, according to which 50 per cent of the companies surveyed implement a number of initiatives for women’s equal advancement, 46 per cent implement equal wage policies, and the main impediments to women accessing managerial positions are stereotypes regarding the skills and role of women, compatibility with family responsibilities, the lack of commitment of leaders and flexibility of hours and/or travel. According to COHEP, these results highlight a cultural problem in the country and society’s vision of the work-family balance which doubles the burden on women. The Committee requests the Government to provide detailed information on the activities of the City Women Centre (CCM) to eliminate gender stereotypes and to specify whether those activities also aim at combating sexual harassment in the workplace. The Committee also requests the Government to provide information on the other specific measures envisaged or taken to eliminate stereotypes and improve women’s access to a broader range of jobs, and to promote gender equality in the workplace.

Articles 2 and 3(b) and (f). National gender equality policy in the maquila. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to promote gender equality in the maquila industry and in the Employment and Economic Development Zones (ZEDE). The Committee notes that the Government, CGT, CTH and COHEP indicate that the Employment and Economic Development Zones are not operating in the country. With regard to the application of the principle in the maquila industry, the Committee notes that the Government and COHEP have provided the same report by the Honduran Association of Maquiladoras (AHM). In its report, the AHM notes, for example, that: (1) with technical support from the ILO, a good practice guide to promote equality and combat discrimination in the industry has been prepared; (2) it launched a campaign in collaboration with the ILO in order to eradicate violence in the world of work; (3) it ran training sessions in companies in industry on the issues of sexual harassment and workplace psychological harassment; (4) it signed the Agreement of the “City Woman” Presidential Programme, which includes the objective of women’s development and financial independence; and (5) it signed the Tripartite Agreement for the Promotion, Investment, Generation, Protection and Development of Decent Employment, Health, Access to Credit, Debt Consolidation and Access to Housing of Workers in the Honduran Maquila Textile Sector and other companies in the Free Zone, signed on 13 December 2018 (maquila industry agreement), which includes clauses on the promotion of gender equality and the prevention of violence and harassment in the workplace. While noting this information, the Committee observes that, on the issue of discrimination against women in law and practice, the Working Group of the United Nations Human Rights Council reported that women workers in the maquila sector often suffer from “harassment, exploitation, psychologic pressure based on high productivity objectives, longer working hours, few resting times, little time to eat and no access to drinking water, safety and health” and recommended the Government to ensure that labour inspectors conduct independent and thorough investigations in the maquila into the working, safety and health conditions, and that effective referral mechanisms are available to all workers (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 41 and 76(d) and (e)). The Committee requests the Government to continue providing information on the action taken in the maquila sector in order to promote gender equality in employment and occupation, and on the action and resources available to combat discrimination in employment and occupation in that sector. In this regard, the Committee also requests the Government to provide detailed information on the work of labour inspectors in the maquila sector, as well as on the number of complaints received on discrimination in the sector and the action taken as a result of those complaints.

Articles 2 and 3(f). Gender equality policy in agriculture and in rural areas. In its previous comments, the Committee requested the Government to provide information on the measures taken to promote gender equality in the Honduran agricultural sector, particularly in relation to the equitable distribution of land title. The Committee notes the Government’s indication that the National Agrarian Institute has created a number of mechanisms to promote the participation of women under equal conditions, in particular with relation to: the granting of land titles, the organization of groups of rural workers, the implementation of productive projects and training. The Committee also notes the statistics provided by the Government on the land titles issued between 1 January 2016 and 20 March 2019 and observes that, according to those statistics, the number of land titles granted to women continues to be significantly lower than the number of titles granted to men (7,928 titles issued to men and 4,278 to women). The Committee requests the Government to continue providing information on the measures taken or envisaged to promote gender equality in employment and occupation in the agricultural sector and in rural areas, as well as statistical information on the impact of those measures (such as information disaggregated by sex on the holding of land title).

Article 3(b) and (e). Educational programmes and occupational guidance and training activities for indigenous women and women of African descent. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to improve education, vocational training and increase the labour market participation of indigenous women and women of African descent. The Committee noted the Government’s indication that since 2018, the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH) has been helping to draft the Policy on Indigenous Women and Women of African Descent and that the main components of the policy include political participation, education, culture and access to information and the economic rights of indigenous and Afro-Honduran women. The Government also indicates that the DINAFROH has promoted the inclusion of indigenous women as beneficiaries of the governmental programme, “Solidarity Credit” to encourage the development of microenterprises and to boost community economies. The Government also refers to the holding of talks, workshops and meetings for indigenous and Afro-Honduran women. The Government indicates, for example, that DINARFROH, SEDIS and City Woman organized the “Honduras is a Woman” forum, within the framework of International Women’s Day. Finally, the Committee notes the Government’s indication that on 26 November 2018, the Supreme Electoral Tribunal (TSE) and the Redmiah Network of Indigenous and Afro-Honduran Women, signed a cooperation agreement that will contribute to improving the conditions in which women involved in the network can exercise their political rights. Lastly, the Government indicates that, in the context of the Table on International Labour Standards of the CES, information was shared and discussed with the worker and employers’ sectors regarding the impact of the measures adopted on the education, the vocational training and the increase in the participation in the labour market of indigenous and Afro Honduran women. Noting this information, the Committee observes that the United Nations Committee on the Elimination of Racial Discrimination expressed concern at the multiple forms of racial discrimination that indigenous and Afro Honduran women continue to endure, reflected in impediments to their access to work and education, for example (CERD/C/HND/CO/6-8, 14 January 2019, paragraph 36). The Committee also notes the indication of the Working Group on discrimination against women in legislation and in practice of the United Nations Human Rights Council that there is insufficient data on women suffering intersectional forms of discrimination in order to serve as a basis for the formulation of specific policies (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 61 and 62). The Committee requests the Government to provide information on the collection of data on the multiple discriminations faced by indigenous and Afro-Honduran women in employment and occupation, and on the measures taken or envisaged in order to eliminate them.

Articles 2 and 3. National equality policy to combat discrimination on the grounds of race, colour and national extraction. The Committee notes that the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples (P-PIAH) 2016–2026 provides, for example, for the adoption of measures to ensure legal protection in the areas of equality and non-discrimination as well as an indicator system to measure policy results. The Committee requests the Government to provide information on the results of the public policy to combat racism and racial discrimination for the comprehensive development of the indigenous and Afro Honduran peoples (P-PIAH) 2016–2026.

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.

Articles 2 and 3(a) and (b). National equality policy for persons with HIV and AIDS. In its previous comment, the Committee requested the Government to provide information on the measures taken to prevent and eradicate discrimination against persons with HIV and AIDS. With regard to the legal framework, the Committee notes the Government’s reference to measures provided for by the Special Act on HIV/AIDS (Decree No. 25-2015). The Government also indicates that it is preparing the regulations of the Special Act on HIV/AIDS. Concerning activities relating to the prevention of discrimination and stigmatization of persons with HIV, the Government indicates that it is working, including through the National Human Rights Council (CONADEH), on training public and private actors (national police, prosecutors of the Public Prosecutor’s office, health workers, inspectors from the Ministry of Labour and Social Security (STSS), municipal decision-makers and human rights networks, etc.). Finally, with regard to the relevant coordination institutions, the Committee notes that: (1) the Government refers to the National AIDS Commission (CONASIDA); (2) COHEP indicates that it is part of the regional and national HIV, Malaria and Tuberculosis Coordination Mechanisms (MCR and MCP-H), and the CONASIDA, but that none of these three bodies addresses measures to prevent and eradicate discrimination on the grounds of HIV or AIDS; and (3) the CGT and CTH note that the committees that used to deal with HIV and AIDS no longer exist. The Committee requests the Government to provide information on the measures taken to collaborate with employers’ and workers’ organizations in order to prepare and develop its equality policy for persons with HIV and AIDS.

National equality policy for persons with disabilities. Further to its previous request to provide information on all of the grounds of discrimination protected by the Convention, the Committee notes with interest the detailed information provided by the Government on the efforts made for the employment of persons with disabilities. In particular, the Committee notes the adoption of the following measures: (1) the improvement and relaunch of a computerized registration platform, “Empleate Plus”; (2) the establishment of the Working Group on the Labour Market Inclusion of Persons with Disabilities, made up of representative organizations of civil society and governmental institutions; (3) the establishment of the National Labour Market Inclusion Committee, in which organizations of persons with disabilities, private companies and governmental institutions, including the STSS participate; (4) the preparation of a protocol on care for people with disabilities; and (5) job analysis to identify the physical, cognitive and sensory requirements for the performance of a job. The Committee requests the Government to provide statistical information on the access to work of workers with disabilities (proportion of persons with disabilities who are employed, information on the job analyses, information on the use of complaints mechanisms in case of discrimination, etc.).

Enforcement. Labour inspection. In its previous comment, the Committee requested the Government to provide information on labour inspection activities relating to discrimination and the action taken on the cases identified. The Committee notes the Government’s indication that the inspection protocols do not contain sections focusing specifically on issues relating to discrimination. The Government also indicates that it is working on the preparation of action plans for labour inspectors that have an inclusive outlook in terms of gender equality; and that, in collaboration with the ILO, the National Labour Inspection Strategy was drafted and will be used to develop labour inspection activities and that it identifies specific parts of the country, as well as priority issues, with a focus on gender equality throughout. The Committee also notes COHEP’s indication that it requested the Attorney General’s Office (PGR) for information labour inspection notices, detailing the amounts of the fines imposed by the General Directorate of Inspection, but that it has not received that information. The Committee requests the Government to provide detailed information on the adoption of new inspection protocols, the number of inspections conducted relating to discrimination, the number of cases identified (by ground of discrimination) and the action taken on those cases (sanctions imposed and applied).

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The Committee notes the observations of the General Confederation of Workers (CGT) and the Honduran National Business Council (COHEP), sent with the Government’s report, and the Government’s reply to them. The Committee also notes the observations submitted by COHEP on 31 August 2016, endorsed by the International Organisation of Employers (IOE). The Committee requests the Government to send its observations on the latter.

Article 1 of the Convention. Discrimination on the ground of sex. Sexual harassment. For a number of years, the Committee has referred to the need to include the notion of hostile working environment in the definition of sexual harassment established in the Equal Opportunities for Women Act (LIOM) and its implementing regulation. The Committee has also asked the Government to report on the remedies available to men and women who are victims of sexual harassment at work. The Committee notes that the Government again refers to the existing provisions on sexual harassment in the LIOM and the Penal Code and indicates that the priorities of the Annual Operational Plan for 2016 of the National Institute for Women (INAM) include the reform of the LIOM, which is to incorporate the notion of “hostile working environment” in the definition of sexual harassment. The Committee further notes that, according to the Government, the provisions on sexual harassment refer to “persons of one or other sex”, so they apply to men as well. Lastly, the Government reports on the implementation of the “No means No” initiative in the public sector and the private sector, the aim of which is to eliminate sexual harassment at work. The Committee requests the Government to adopt the necessary measures without delay to amend the LIOM in order to include the notion of hostile working environment in the definition of sexual harassment and to ensure that the victims of sexual harassment have access to effective recourse which are not limited to the possibility of terminating the employment relationship without loss of entitlement to compensation. The Committee also requests the Government to continue to report on the measures taken or envisaged to eliminate sexual harassment in the working environment, including under the “No means No” initiative, and on the results of the measures.

Articles 2 and 3. National Agreement and National Equality Policy. In its previous comments, the Committee requested the Government to send information on the evaluation of the implementation of the Broad National Agreement adopted to address the crisis and on the results achieved through its application, and on the manner in which it had influenced the implementation of the Second Gender Equality and Equity Plan of Honduras 2010–22 (II PIEGH). The Committee notes that the Government indicates that the Broad National Agreement is no longer in operation but that in the framework of the agreement, measures were implemented on a tripartite basis to combat discrimination against indigenous peoples, persons of African descent, persons with disabilities and persons with HIV/AIDS, as well as discrimination on grounds of gender identity and sexual orientation in access to employment and education. Noting that the Broad National Agreement providing for measures for various groups vulnerable to discrimination is no longer in operation, the Committee requests the Government to indicate the measures adopted or envisaged to promote equality of opportunity and treatment in employment and occupation with reference to all the grounds of discrimination other than sex.

Equal opportunities for men and women. With regard to the measures to implement the II PIEGH, including the reform of the Labour Code and the LIOM, and the Gender Equity Policy for the Honduran agro-sector, the Committee notes that the Government reports that the possibility of amending the Labour Code and the LIOM to include a gender focus, is being examined. The Committee further notes that COHEP refers to the creation of an employment and gender roundtable, the aim of which is to encourage implementation of the II PIEGH through the promotion of legislative amendments designed to ensure the protection of women workers and measures to ensure women’s participation in the labour market. The Government supplies information on the participation rate of women in the different job sectors which reflects the persistence of horizontal occupational segregation with predominant participation by men in agriculture, livestock and fisheries, transport and storage, information and communications, among other sectors and a preponderance of women in the care and social assistance sector and teaching. The Committee also notes that the Government refers to the adoption of an agreement on cooperation and technical assistance between the Ministry of Labour and Social Security (STSS) and INAM for the purpose of establishing measures to promote equality between men and women in access to employment and in working conditions. The Government also provides information on the number of men and women who participated in 2016 in the various employment programmes, and the number of STSS child-care centres allowing men and women workers with family responsibilities to reconcile family life and work. With regard to the measures taken for the Honduran agro-sector, the Government reports that as part of the Programme to Restructure Farming Enterprises of the National Agrarian Institute (INA), measures have been taken with a view to increasing women’s participation in development activities such as technical assistance, training sessions and the establishment of farmers’ self-help associations and saving and loan funds. The Committee nonetheless notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations, expressed concern at the continued inequality between men and women, in particular in terms of access to employment and social security, and found it regrettable that women continue to be subjected to poor working conditions in some sectors, including unsuitable workplace conditions, low wages, negligible job security and risk of exploitation and violence (E/C.12/HND/CO/2, 11 July 2016, paragraphs 23 and 31). While taking due note of the measures taken, the Committee reminds the Government that the Convention requires the national equality policy to be effective and that according to Article 3(f), the Government must provide information on specific results secured by its action (see 2012 General Survey on the fundamental Conventions, paragraph 844). The Committee requests the Government to take specific measures without delay to ensure equal access for men and women to employment and training, including in sectors where they do not traditionally work, to eliminate stereotypes associated with men’s and women’s tasks in the family and the world of work, and to provide information on the results obtained. The Committee requests the Government to report on progress made in the amendment of the Labour Code and the LIOM to include the gender focus established in the II PIEGH. It also requests information on the policy on gender equity in the Honduran agro-sector in terms of progress made towards equality in employment and occupation and equitable distribution between men and women of land titles granted in rural areas.

HIV/AIDS. The Committee notes that the Government reports the adoption of a series of measures to combat discrimination against persons with HIV/AIDS, such as the promulgation, in a tripartite meeting in December 2015, of the National HIV/AIDS policy, including in the maquila sector; the formulation of the Strategic Sectoral Plan 2015–19 on HIV/AIDS in the world of work; the training of labour inspectors and representatives of employers’ and workers’ organizations on the implementation of the HIV/AIDS policy; and the production of studies on knowledge, practices and attitudes relating to HIV/AIDS in the world of work. The Committee requests the Government to continue to send information on the measures taken to prevent and eliminate discrimination on grounds of HIV and AIDS and on any complaints filed for discrimination on grounds of HIV and AIDS, their outcome, the sanctions imposed and the redress awarded.

Maquila sector and Employment and Economic Development Zones (ZEDEs). With regard to the measures and remedies available against acts of discrimination in employment and occupation in the maquila sector and the ZEDEs, the Committee notes that COHEP refers to the adoption of several measures to promote gender equality in the maquila textiles sector, such as the establishment of a programme of community nurseries for workers and the organization of workshops providing training and awareness raising about gender equality in the workplace. The Committee also notes that, according to the Government, the ZEDEs are not as yet in operation. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote equality between men and women in the maquila sector and on the measures and remedies available against acts of discrimination in employment and occupation in that sector. It furthermore asks the Government to provide information on the start-up of the ZEDEs and on any provisions on equality and non-discrimination adopted in these zones and the actions and remedies established under such provisions, and the existing machinery for supervision and inspection.

Indigenous women. In its previous comments, the Committee requested the Government to send specific information on the impact of the measures to improve education and vocational training and increase the labour market participation of indigenous and afro-Honduran women taken by the Secretariat for Indigenous and Afro-Honduran Peoples (SEDINAFROH). The Committee notes that the Government reports that the duties of SEDINAFROH have been transferred to the Directorate for Indigenous and Afro-Honduran Peoples (DINAFROH). The Committee also takes note of the measures taken by the General Directorate of Education for Indigenous and Afro-Honduran Peoples (SDGEPIAH) to improve education and vocational training and increase the labour market participation of indigenous and Afro-Honduran women. The Committee nonetheless observes that in its concluding observations, the CESCR found it regrettable that rural women, indigenous women and women of African descent continue to be victims of multiple and cross-sectoral discrimination, which is reflected in the high poverty rate among these groups (E/C.12/HND/CO/2, 11 July 2016, paragraph 23). The Committee requests the Government to continue to provide information on the specific measures taken or envisaged to improve education and vocational training and increase the labour market participation of indigenous and Afro-Honduran women, and on the impact of these measures in practice. It also asks for information on the measures taken or envisaged by DINAFROH to promote the integration of indigenous and Afro-Honduran women in the labour market including through their traditional activities.

Enforcement. The Committee notes that the Government reports that STSS labour inspectors have not received any complaints of discrimination and that questions about discrimination are to be included in the protocols of the labour inspection services. The Committee requests the Government to continue to send information on the activities of the Labour Inspectorate, including in the maquila sector, listing any problems encountered in enforcing the Convention, the follow-up action taken on instances of discrimination detected and any sanctions imposed.

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Gender equality. With regard to the implementation of the II Gender Equality and Equity Plan of Honduras 2010–22 (IIPIEGH), the Committee notes the registration rates in the National Employment Service of Honduras (SENAEH), disaggregated by sex and by region, and the rates of participation in the training activities provided by the Honduran Association of Enterprises in Export Zones, disaggregated by sex. The Committee also notes the measures adopted in the context of the gender equity policy of the Secretariat for Agriculture and Stock-Raising for the rural sector. Nevertheless, according to the statistics, the participation of women in the labour market continues to be significantly low (70.4 per cent for men and 34.9 per cent for women), with clear occupational segregation by sex in both urban and rural areas. Furthermore, the number of property titles granted to women in rural areas continues to be considerably lower than for men. The Committee observes that the information provided by the Government does not provide a basis for determining specifically the results which have been obtained up to now or the impact of the measures taken in reducing gender discrimination and increasing the labour market participation of women. In this regard, the Committee emphasizes the importance, in accordance with Article 3(f) of the Convention, of the regular assessment of the results achieved in relation to equality with a view to reviewing and adjusting existing measures and strategies on a continuing basis. Such continual monitoring, assessment and adjustment is required, not only of the measures in place to promote equality, but also their impact on the situation of the groups protected and the incidence of discrimination (see the General Survey on the fundamental Conventions, 2012, paragraph 847). The Committee requests the Government to continue providing statistical information disaggregated by sex. The Committee requests the Government to provide specific information on the results of the implementation of the II Gender Equality and Equity Plan of Honduras 2010–22 in relation to:

• (i) the gender mainstreaming measures adopted for the reform of the Labour Code and the Act on equality of opportunities, as envisaged in the IIPIEGH;
• (ii) access to employment and occupation, training and vocational guidance on an equal footing for men and women, especially in non-traditional jobs and occupations;
• (iii) the measures adopted or envisaged with a view to reconciling work and family responsibilities;
• (iv) the gender equity policy for agriculture in Honduras in terms of progress towards equality in employment and training and the equitable distribution between men and women of land titles granted in rural areas.

Sexual harassment. The Committee observes that the Government’s report does not contain new information on this subject. The Committee refers to its previous comments and once again requests the Government to take the necessary measures to ensure that the Act on equality of opportunities for women and its regulations include in the definition of sexual harassment the aspect of a hostile working environment. The Committee also requests the Government to provide information on the other measures and remedies that are available to victims of sexual harassment, in addition to the possibility of terminating the employment relationship while retaining entitlement to compensation, and to indicate whether protection against sexual harassment also covers men.

The Maquila sector and Employment and Economic Development Zones. The Committee notes the Government’s information relating to the PROCINCO vocational training programme in the maquila zone in 2011 and 2012, and the training and the social security protection measures, as well as the preparation of a guide on good practices. The Committee also notes Decree No. 120-2013 of 20 March 2013 authorizing the creation of employment and economic development zones, which are authorized to establish their own policies and standards, as well as tribunals with exclusive jurisdiction in those zones, including a tribunal for the protection of individual rights in order to protect fundamental rights. The Committee requests the Government to provide specific information on:

• (i) the action and remedies available against acts of discrimination in employment and occupation in the maquila sector;
• (ii) the employment and economic development zones that have been established, the provisions respecting equality and non-discrimination that have been adopted there and the action and remedies established under such provisions, and the applicable supervision and inspection procedures.

Indigenous women. The Committee notes the measures adopted by the Government for the development of indigenous peoples, including support measures for indigenous students and measures to contribute to the socio-economic development of Garifuna communities. The Committee also notes the granting of legal personality to Lenca women and the awareness-raising activities for Lenca women on the IIPIEGH. The Committee requests the Government to provide specific information on the impact of all the measures adopted and referred to by the Government in its report in improving education and vocational training and increasing the labour market participation of indigenous and Afro-Honduran women. Please also provide information on the measures adopted by the Secretariat for Indigenous and Afro-Honduran Peoples (SEDINAFROH) to promote the inclusion of indigenous and Afro-Honduran women in the labour market, including through their traditional activities.

Enforcement. The Committee requests the Government to continue providing information on the activities of the labour inspection services, including in the maquila sector, indicating the problems encountered in relation to the application of the Convention and the penalties imposed.

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Broad National Agreement. In its previous observation, the Committee referred to the National Solidarity Plan for Anti-Crisis Employment adopted on 4 November 2010 and the comments on that subject made by the Workers’ General Central Union (CGT), the Single Confederation of Workers of Honduras (CUTH) and the Workers’ Central Union of Honduras (CTH), and it requested the Government to provide information on the impact of the Solidarity Plan on equality policies. The Committee notes the Government’s indication that up to May 2013 a further 144,171 jobs had been generated, 46 per cent of which were for women. The Government adds that in 2012 there were 66,003 dismissals. The Committee further notes the conclusion on 12 February 2012 of the Broad National Agreement by the Government, the Honduran National Business Council (COHEP), the CGT, CUTH, CTH, the National Rural Workers’ Federation of Honduras (CENACH), the Coordinating Council of Rural Workers’ Organizations of Honduras (COCOCH), the National Confederation of Rural Workers (CNC), among other organizations. Through this Agreement the Government undertakes to focus its action on compliance with the Agreement. The objectives of the Agreement include the protection of vulnerable population groups (indigenous peoples, Afro-Hondurans, persons with disabilities, migrants) and women through the rationalization of public sector expenditure and the increased effectiveness of projects and of conditional and unconditional cash transfers. It will lead to an improvement in the coverage of programmes and increase their impact. The Single Registry of Beneficiaries and the Single Focus System have been established with a view to achieving greater equity in the distribution of plans and programmes. Enterprises will participate through a corporate social responsibility strategy. The Agreement provides specifically for the allocation of resources to business development programmes for 5,000 women and the training of 2,500 young persons. The Agreement also establishes a mechanism, in the Economic and Social Council (CES), which is of tripartite composition, to monitor outcomes in the achievement of its objectives. The Committee requests the Government to provide specific information on the evaluation of the implementation of the Broad National Agreement and the results achieved through its application, and on the manner in which it has influenced the implementation of the various equality and non-discrimination plans and programmes at the national level, and particularly the IInd Gender Equality and Equity Plan of Honduras 2010–22 (IIPIEGH), the Youth Employment Plan and the other employment plans, the PROCINCO programme in maquilas and the Comprehensive Development Programme for Indigenous Peoples (DIPA). The Committee also asks the Government to provide information on the monitoring of the implementation of the Agreement and its results by the CES and on the participation of the social partners in the CES.

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

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Legislation. Equality plan. The Committee notes that the Government reports that in November 2008 Executive Decree No. 058-2008 was signed, issuing the Regulations to the Equal Opportunities for Women Act under which all state institutions are required to incorporate the national policy for women in their plans, programmes and projects. The Government also refers to the adoption of the IInd Gender Equality and Equity Plan of Honduras 2010–22 (IIPIEGH), by Executive Decree No. PCM-020-2010. According to the Government, the IIPIEGH is fundamental to concluding a national covenant for gender equality and equity in the various state powers, supervisory bodies and civil society. The Committee notes in particular that the Plan’s strategic objectives include promoting amendment of the national legislation, collective agreements and other instruments so that they include protection and guarantees for women’s rights at work. It promotes in particular amendment of the Labour Code with a focus on gender; the establishment of mechanisms for the prevention and punishment of violations of women’s rights at work, and amendment of the Equal Opportunities Act through a participatory process. The Plan recognizes the need to reinforce the National Institute for Women. It also provides for the implementation of credit and microcredit programmes and the establishment of policies for the titling of lands suitable for production to benefit women in the framework of the Agricultural Modernization Act. The Committee notes in this connection the information supplied by the Government showing that significantly fewer land titles were granted to women than to men. The Plan also provides for the adoption of measures to reconcile work and family responsibilities and contains a section devoted to the organization of institutions and budget estimation and another on the follow-up and monitoring of implementation. It also envisages the design and implementation of a system of gender indicators and the compilation of statistics disaggregated by sex. The Committee asks the Government to provide information on the measures adopted, pursuant to the IIPIEGH, to amend the Labour Code and the Equal Opportunities Act. The Committee also asks the Government, in light of the follow-up and monitoring system and the indicators established, to send detailed information on the implementation of the IIPIEGH, and particularly on:

• (i) access to employment and occupation, training and vocational guidance on an equal footing for men and women, especially in non-traditional jobs and occupations;
• (ii) the measures adopted or envisaged with a view to better reconciling work and family responsibilities;
• (iii) the gender equity policy for the agricultural sector in terms of progress towards equality in employment and training and equitable distribution between men and women of land titles granted in rural areas.

The Committee also asks the Government to continue to send statistical information disaggregated by sex.

Sexual harassment. In its previous comments the Committee requested that, in amending the Equal Opportunities for Women Act (LIOM), the Government take the opportunity to amend the definition of sexual harassment to include hostile environment harassment and to ensure that victims of sexual harassment have access to effective remedies. The Committee notes in this connection the Government’s statement that section 30 of the Regulations to the Equal Opportunities for Women Act of 2008 provides that “without prejudice to the other rights granted by law to the victims, sexual harassment by the employer against its female employees entitles the latter, without prior notice and with no liability on their part, to terminate the labour relationship while retaining entitlement to the statutory benefits and compensation that apply in the event of unfair dismissal. Where the perpetrator of the harassment is a worker, he shall be summarily dismissed by the employer or state institution. All the foregoing is without prejudice to the administrative, civil and criminal liability of the offender.” The Committee is of the view that legislation under which the sole redress available to victims of sexual harassment is termination of the employment relationship while retaining entitlement to compensation, does not afford sufficient protection for victims of sexual harassment since it in essence punishes the victim and may dissuade victims from seeking redress. The Committee refers the Government to its general observation of 2002. The Committee asks the Government to take the necessary steps to ensure that both in the Equal Opportunities for Women Act and in the Regulations thereto, the definition of sexual harassment expressly includes hostile working environment harassment. It also asks the Government to provide information on the other measures and remedies that are available to victims of sexual harassment besides the possibility of terminating the employment relationship while retaining entitlement to compensation, and to indicate whether protection against sexual harassment covers men as well.

The maquila sector. The Committee notes the information sent by the Government on the number of persons who received training in the maquila sector under the PROCINCO programme. It asks the Government to send further information on the information, awareness-raising and training activities conducted in the maquila sector with a view to promoting equality in employment and occupation and to foster awareness of and trust towards the system to protect rights at work.

Equality in employment and occupation without distinction as to race, colour, national extraction, religion and social origin. The Committee notes the information supplied by the Government to the effect that the Comprehensive Development for Autonomous Peoples (DIPA) programme provides US$6.2 million in funding for projects with the nine indigenous peoples and people of African descent. The projects are executed by the communities themselves and consist of business projects, emergency production projects and infrastructure projects. To date, 26 projects of the 72 planned have been funded. The Government adds that the support programme for indigenous and black communities was completed two years ago. The Committee requests the Government to provide information on the activities conducted by the National Committee against Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance, the Committee on Indigenous Rights and the Inter Institutional Committee to provide services for basic education and education for work. It also asks the Government to send information on the impact of the IIPIEGH in terms of the specific measures taken for women belonging to indigenous peoples and people of African descent.

Persons with disabilities. Noting that the Government has sent no further information, the Committee asks it to provide information on the measures taken to promote equal opportunities and treatment in employment and occupation for persons with disabilities, and on the impact of these measures.

Article 3(a). Cooperation with the social partners. In its previous comments the Committee referred to a communication from the Honduran National Business Council (COHEP) indicating that it has not been invited to participate in the inter-institutional committees to combat discrimination. The Committee notes in this connection that, according to the Government, the primary tripartite forum for dialogue is the Economic and Social Council. The Committee requests the Government to provide information on the meetings held by the Economic and Social Council, the issues relating to non-discrimination and equality in employment and occupation that were discussed, and the organizations that participated.

Enforcement. The Committee notes the Government’s statement that institutions are being set up to ensure that the Convention is enforced, and that the labour inspectorate also works in the maquila sector. The Government encloses the plan of inspection activities 2009 and 2010. The Committee requests the Government to provide specific information on the institutions established and the activities they carry out to ensure application of the legislation applying the Convention, and on the activities of the labour inspectorate.

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National Solidarity Plan for Anti-Crisis Employment. The Committee notes the observations of 31 August 2010 by the Single Confederation of Workers of Honduras (CUTH), the General Federation of Workers (CGT) and the Workers’ Central Union of Honduras (CTH). It also notes the observations of 31 March 2011 by the CUTH and the CGT. On 22 August 2011 the CUTH, the CGT and the CTH sent a further joint communication. In all three communications the abovementioned federations referred to the National Solidarity Plan for Anti Crisis Employment, adopted by Decree No. 230-2010 of 4 November 2010 which, they allege, will introduce flexibility in minimum conditions in work relationships and lead to the casualization of wage employment owing in part to the reduction of workers’ wages and benefits. Lastly, the Committee notes the CUTH’s observations, received on 19 September 2011, on the application of the Convention. The Committee notes the communication of the Government, received 30 November 2011, indicating that the National Solidarity Plan for Anti Crisis Employment is part of the Government’s programme for 2010–14 and is temporary in nature. Its objective is the eradication of poverty and increasing employment opportunities for the population; to maintain existing jobs, avoid an increase in unemployment and under-employment, and promote capacity building and vocational training. While acknowledging that it is important to adopt specific measures to overcome the current economic and financial crisis and remedy the prevailing unemployment situation, the Committee draws attention to the importance of closely monitoring how the legislative measures adopted to address the crisis are affecting the employment situation of groups that are particularly vulnerable to discrimination so as to deal appropriately, on the basis of the criteria laid down in the Convention, with all direct and indirect discrimination that may arise in employment and occupation. The Committee also considers it essential to ensure that progress achieved through previous measures to promote equality of opportunity and treatment for men and women and for certain minority ethnic groups such as indigenous peoples is not affected. The Committee requests the Government to send its observations on all the abovementioned comments and, in particular, to provide information on the impact of Decree No. 230-2010 on equality and non-discrimination policies. So that it may examine the Decree’s impact on equality more thoroughly, the Committee asks the Government to send statistical information on the employment and unemployment rates, employment by economic activity or sector in the public sector and the private sector, wage rates and the number of lay-offs.

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

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The Committee recalls that on 22 May 2008 it received a communication from the Honduran National Business Council (COHEP) providing information on the questions raised by the Committee and on the action carried out by COHEP to contribute to the application of the Convention.

Legislation. The Committee notes that, according to the Gender Equality and Equity Plan II 2008–15, one of the principal achievements of the Gender Equality and Equity Plan I was the reform of the Social Security Act to include women workers in paid domestic service in the Scheme for the Progressive Affiliation of Women Domestic Workers. The Equality Plan II estimates that only 2 per cent of women domestic workers are registered as beneficiaries and that there are no legal instruments for the establishment of the minimum wage or the working conditions of these women. The Committee notes that the strategic objective (6.1) of the Gender Equality and Equity Plan II 2008–15 includes influencing legal reforms to guarantee the entitlement of all women to social security and its benefits, thereby ensuring the access to social security of those who work in the formal and informal economies and who perform paid and unpaid domestic work. The Committee also notes that, in accordance with strategic objective 2.1, the fifth policy line of the Gender Equality and Equity Plan II is to promote reforms of the national legislation, collective agreements and other legal instruments for the inclusion of protection and guarantees of the labour rights of women, especially women workers in export processing zones (maquilas), banking, private schools, restaurants, shellfish packing, paid domestic work and commerce. The Committee hopes that the Government will provide information in its next report on the package of reforms to the Equal Opportunities for Women Act (LIOM) that are before Congress, as was requested in its previous comment. It also hopes that information will be provided on the progress achieved in promoting reforms to the national legislation and repealing provisions which are discriminatory or limit equality of opportunity in employment and occupation, as envisaged in section 88 of Decree No. 4-2000, thereby giving effect to the Convention. Please also provide information on the legislative progress achieved in the implementation of the Gender Equality and Equity Plan II, especially with regard to access to social security.

Sexual harassment. The Committee notes that, according to the communication of COHEP of 22 May 2008, none of the draft reforms of the LIOM include a hostile working environment in the definition of sexual harassment. The Committee also notes that, according to COHEP, the proposals for the revision of the Act do not address the discrepancy between section 60 of the LIOM and the provisions of the Labour Code in relation to sexual harassment. According to the communication, in view of the lack of harmony between section 60 of the LIOM and section 114 of the Labour Code, and consequently the failure to include sexual harassment among the “valid reasons for which the worker may terminate the contract of employment, without notice and without liability on her or his part, and maintaining entitlement to statutory benefits and compensation, as in the case of “unjust dismissal”, there is no remedy for sexual harassment, except in cases in which there are alleged violations of the Penal Code. The Committee requests the Government, in the reform of the LIOM, to take the opportunity to amend the definition of sexual harassment to include a hostile work environment and to ensure that victims of sexual harassment have access to effective remedies, and it refers in this respect to its general observation of 2002 on this subject. The Committee also requests the Government to provide clarifications in relation to COHEP’s comments concerning the harmonization of section 60 of the LIOM and section 114 of the Labour Code.

The Committee notes the Government’s reference to the preparation of new inspection protocols. These protocols cover supervision that the employer has adopted the necessary measures to prevent sexual harassment against workers. The Committee requests the Government to provide information on the verifications made by the labour inspection services in relation to the new inspection protocols and any initiatives by employers’ and workers’ organizations to combat  sexual harassment at work.

National gender equality policy. The Committee notes from the statistics provided by the Government that women are concentrated in manufacturing, commerce, hotels and restaurants and services. The Committee notes that the Gender Equality and Equity Plan II indicates that, in order to respond to the challenges identified, it is necessary to strengthen the National Institute for Women (INAM) by providing it with human and financial resources, reinforcing its technical capacity so that it can discharge the specialized functions of guiding public gender policies effectively and efficiently. The Committee further notes that, according to the study “Gender discrimination and the labour rights of women”, the lack of public programmes intended to reduce the domestic burden on women workers, such as child development centres, laundries and canteens at accessible prices, as well as programmes to promote the sharing of responsibilities between men and women and the participation of men in household tasks and family care, is preventing women from being able to enjoy their fundamental rights and improve their quality of life. The Committee notes that strategic objective 1.4, policy line 5, of the Gender Equality and Equity Plan II 2008–15 envisages the establishment of inter-institutional programmes with the participation of governmental and non‑governmental institutions for capacity-building, promotion and training of women workers with a view to ensuring their access to employment without any type of discrimination, including access to non-traditional jobs and activities. The Committee requests the Government to provide information on the activities undertaken and the progress achieved within the context of the strategic objective. The Committee also asks the Government to provide information on the measures adopted or envisaged to help men and women reconcile work and family responsibilities and to promote a more equitable distribution of family tasks between them. The Committee also once again requests the Government to provide information on the following:

(i)    the project on equal opportunities for rural women;

(ii)   the gender equity policy for Honduran agriculture in terms of advancing equality in employment and training between men and women; and

(iii) the distribution between the sexes of the 25,132 land titles granted in rural areas.

The maquila sector. With reference to its previous comments, the Committee notes the study concerning the maquila sector “Gender discrimination and labour rights of women”, carried out under the “Cumple y Gana” project, which indicates that a concerted effort is required to overcome the lack of knowledge and trust by women workers in relation to the system for the protection of labour rights. The Committee notes the information provided by COHEP regarding the training activities undertaken in the context of the PROCINCO programme by the Honduran Maquila Association, especially with a view to improving labour conditions and strengthening relations between employers and workers in the apparel sector. It notes that PROCINCO has developed, among other measures, capacity-building activities in relation to sexual harassment, personnel administration and supervision, mental health and self-esteem, stress and productivity, family budgets, effective interpersonal relations, domestic violence, ergonomics, introduction to safety and health and the principal risks in the textile sector. The Committee requests the Government to provide full information on the measures adopted as a result of the study referred to above. It also requests it to provide information on the capacity-building activities for women in the maquila sector and on the information, awareness-raising and capacity-building activities carried out with a view to promoting equality in employment and occupation and promoting the knowledge and trust of women workers in relation to the system for the protection of labour rights.

Equality in employment and occupation without distinction as to race, colour, national extraction, religion or social origin. In its previous comments, the Committee noted the various activities carried out by the National Committee against Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance, the Committee on Indigenous Rights and the Inter-Institutional Committee to provide basic education services and education for work in indigenous communities. The Committee notes strategic objective 3.1 of the Gender Equality and Equity Plan II, which envisages the promotion of state policies and programmes at the national, departmental and municipal levels to reactivate women’s participation in the economy, especially in the rural, young and indigenous women, women of African descent, older women and women living with HIV/AIDS. The Committee requests the Government to provide information on the activities undertaken by the committees referred to above and the manner in which these activities promote the participation of the various ethnic groups in employment and occupation. The Committee also requests the Government to provide information on the activities promoted by the Honduran Social Investment Fund, and particularly the Support Programme for the Indigenous and Black Communities of Honduras, and the extent to which these initiatives are contributing to the promotion of equality of opportunity in employment and occupation for the members of these groups. The Committee also hopes to be provided with information on the policies and programmes launched to achieve objective 3.1 of the Gender Equality and Equity Plan II.

Persons with disabilities. The Committee notes that the Ministry of Labour and Social Security, with the support of the Spanish Agency for International Cooperation (AECI) and other partners, has planned a campaign to promote and provide incentives for the generation of jobs for persons with disabilities in 1,000 enterprises and organizations. The Committee also notes that the General Directorate for the Overall Development of Persons with Disabilities is working on the design of its annual operating plan and that in February 2008 it prepared a proposal for regulations under the Act respecting equity and overall development for persons with disabilities. The Committee hopes that the Government will continue to provide information on the measures adopted and their impact in promoting equality of opportunity and treatment in employment and occupation for persons with disabilities.

Article 3(a). Cooperation with the social partners. The Committee notes that, according to its communication, COHEP has not been called upon to participate or be a member of the inter-institutional committees established in the context of action to combat discrimination in employment and that, although it has collaborated with government bodies in the past, this has not occurred through social dialogue machinery or joint committees. The Committee requests the Government to provide information in reply to these comments.

Monitoring of application. The Committee refers to its previous comments relating to the system of supervision in the maquila sector to ensure that the participating enterprises comply with the agreements signed for the provision of social and economic benefits to workers, as agreed in the context of the Business Responsibility Programme. The Committee notes that the challenges identified in the Gender Equality and Equity Plan II include the strengthening and/or creation of institutional machinery, such as joint occupational safety and health committees, inspectorates and labour tribunals, among other measures, to ensure compliance with the law and the protection of the rights of women workers, and that the strategic objectives of the Plan II include establishing legal and institutional machinery to ensure compliance with Conventions. The Committee hopes that the Government will be in a position to provide information in its next report on the progress achieved in the establishment of machinery to ensure compliance with the Convention, including specific information on the activities of the labour inspection services in the maquila sector.

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The Committee notes the communication sent by the Honduran Private Enterprise Council (COHEP) on 22 May 2008. The communication contains a complete alternative report and also information on the actions undertaken by the COHEP to contribute to the application of the Convention. The Committee welcomes the information submitted by the COHEP, which will contribute to a more complete evaluation of the manner in which the Convention is applied, and will examine it in detail at its next meeting, together with the report and any further comments which the Government may wish to make.

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1. Legislation. The Committee notes that section 32 of the Act on Equity and Full Development for Persons with Disabilities prohibits discrimination in employment on the ground of disability where the person is fit to hold the office or perform the job applied for. The Committee also notes that the package of reforms to the Equal Opportunities for Women Act (LIOM) is before the National Congress for discussion and approval. It further notes that the “Study on the Legal Framework for the Empowerment of Women” concludes that the Committee’s comments need to be taken into account in the process of amending the LIOM. The Committee acknowledges the Government’s efforts to revise its legislation in detail, but nonetheless shares the concern expressed by the Committee on Discrimination against Women about the delay in the law reform process (CEDAW/C/HON/CO/6, August 2006). The Committee hopes that the Government will take advantage of the reform process to incorporate fully the principles of the Convention into the LIOM, and that it will take the necessary steps to ensure that the National Congress adopts the new provisions promptly and asks the Government to keep it informed in this respect. The Committee requests the Government to send a copy of the LIOM and of the measures taken to apply it including, as asked in its previous direct request, information on the regulation of the regime for women in domestic service referred to in section 50 of the LIOM, and the measures taken to repeal provisions that discriminate or that restrict equal opportunities, as stipulated in section 88 of Decree No. 4‑2000. The Committee reiterates its request to the Government to provide information in its next report on the activities of the tripartite committee.

2. Sexual harassment. The Committee notes that the main mechanisms used by the Ministry of Education to prevent sexual harassment within the Ministry and in education centres, are the Internal Administrative Rules and the Regulations and Rules of the Honduran Teaching Profession. The Committee also notes that the Ministry of Labour and Social Security has grouped together in 407 public and private regulations all subjects pertaining to the Equal Opportunities for Women Act, section 60 of which prohibits sexual harassment. The Committee notes that the Government provides no information on legal measures to prohibit and provide sanctions for sexual harassment resulting from a hostile working environment, as the Committee recommends in its 2002 general observation on the Convention. The Committee requests the Government, in view of the gravity and serious repercussions of sexual harassment, to take steps to prohibit and ensure appropriate enforcement mechanisms for both types of sexual harassment in its legislation (quid pro quo and hostile work environment). It asks the Government to send information on the measures taken to implement the prohibition of sexual harassment caused by a hostile working environment.

3. National gender policy. The Committee notes that an evaluation of the implementation and achievements of the National Plan on Equal Opportunities and the obstacles thereto, was launched in June this year with the participation of the private sector, civil society, state organizations and international cooperation. The Committee further notes that, as part of the poverty reduction strategy, a project is being developed on equal opportunities for rural women, and municipalities and communities receive training on the guiding principles of the Gender Equality Policy for Honduran Agriculture. The Government takes note of the statistics sent by the Government on persons employed by branch of economic activity and main occupations, 2005–06. The Committee notes from the data supplied that women account for 51.5 per cent of the labour force in professional, technical and “PEAO” occupations, and 35.5 per cent in directorships and management and administrative posts. The Committee requests the Government to take measures to promote women’s participation in high-level posts and to provide information in this regard. It also asks the Government to provide information on the impact of the National Plan on Equal Opportunities, the project on Equal Opportunities for Rural Women and the Gender Equality Policy for Honduran Agriculture, in terms of advancing equality in employment and training between men and women. It would also be grateful if the Government would provide information on the distribution between the sexes of the 25,132 land titles granted in rural areas.

4. Equality in employment and occupation in the maquila sector. The Committee notes that the comprehensive training programme to secure competitiveness in the garment industry continues to provide training, from which 48,066 workers benefited in the period 2005–06 and that, for the period 2005–08, the target is to train 83,591 workers. The Committee also notes that the Working Woman’s Programme of the Directorate General of Social Welfare, is to present a proposal for research with a gender focus to be carried out on job discrimination in the maquila industry, in coordination with the project “Cumple y Gana”. Stressing the importance of such research, the Committee hopes that the abovementioned study will be carried out and requests the Government to keep it informed in this regard. It also asks the Government to continue to provide information on the training of women in the maquila sector. Please also provide particulars of the information, advocacy and training activities to promote equality in employment and occupation and the redress provided in the law for discrimination in the maquila sector

5. Monitoring application. The Committee notes that in the maquila sector, enterprises are still supervised to ensure compliance with agreements signed for the provision of social and economic benefits to workers, as agreed under the Business Responsibility Programme. The Committee notes that in 2006, there were 99 inspections of maquila enterprises in the course of which a general review was carried out of all the conditions that such enterprises must meet in order to operate in the national territory. The Committee notes that the above inspections benefited 2,997 persons and that there were 2,656 inspections of special cases arising from complaints by men and women workers. The Committee also notes that the Ministry of Labour and Social Security conducts planned inspections to ensure compliance with the national legislation on working time. The Committee requests the Government to send information on the activities of the labour inspectorate in the maquila sector, particularly the complaints lodged and the contraventions reported, pertaining specifically to the Convention.

6. Equality in employment and occupation without distinction as to race, colour, national extraction, religion or social origin. The Committee notes the establishment of the National Committee against Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance, the Committee on Indigenous Rights and the Inter-institutional Committee to provide basic education services and education for work in indigenous communities. The Committee notes that the various activities conducted by the above committees include the granting of land titles to 21 ethnic groups, and the cultural and training activities organized by the Satuye Centre and the school to train leaders of African descendants in human rights. The Committee also notes that the Honduran Social Investment Fund is carrying out the fifth stage of the “Our roots” programme. The overall objective of the programme is to contribute to involving indigenous and black peoples more closely in the process to secure full development for their communities and the country, by building local capacity for the sustainability of organizations, cultural identity and projects. The Committee notes more particularly that 1,600 projects are planned in the areas of social infrastructure, production projects and cross-cutting projects to strengthen and preserve the cultures of indigenous peoples. In addition, projects submitted by various indigenous communities have been financed under the Fund. The Committee requests the Government to provide information on the manner in which these projects improve the participation of the various ethnic groups in employment and occupation, particularly the participation of indigenous and African descendant women.

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1. Legislation. The Committee notes that the Act on equal opportunities for women (LIOM) is still undergoing reform. Various organizations from civil society and government institutions involved in the application of the Act have participated in the reform process. It also notes that the special regime for women in domestic service, referred to in section 50 of the LIOM, is also still undergoing reform and that regulations have not therefore been issued. Please provide information on the progress achieved in the process of reforming the Act and on the manner in which the Committee’s comments have been taken into account. The Government adds that another measure planned is the establishment of a tripartite commission to raise awareness of and disseminate the Act in the world of work. Please provide information on the establishment of this commission and on the activities undertaken by it during the period covered by the next report.

2. Sexual harassment.  The Committee once again requests the Government, when reforming the LIOM, with regard to the definition of sexual harassment (sections 147-A of the Penal Code and 60 of the LIOM), to consider the possibility of including the notion of a "hostile working environment". It also requests the Government to take into account the obligation of employers to ensure a workplace free of sexual harassment, which implies that enterprises have to adopt appropriate measures to prevent and penalize sexual harassment. In this respect, the Committee recalls its comments in paragraph 2 of its previous direct request concerning sections 50 and 88 of the LIOM.

3. The Committee notes that, according to the report, mechanisms are being prepared to prevent sexual harassment at work and in educational centres in coordination with the Secretariat of Education and the Secretariat of Labour. Please provide information on the measures formulated and the results of their application in practice. Moreover, the LIOM is being incorporated into the internal rules of both public and private enterprises. Please indicate the enterprises in which the LIOM has been incorporated into the internal rules and provide copies of such rules, particularly in the public sector. The Committee would be grateful if the Government would also provide information on the impact of the amendments to the LIOM on the internal rules of enterprises and on the manner in which the measures and regulations prepared take into account the Committee’s comments relating to the inclusion of the notion of a "hostile working environment" and the responsibility of employers to guarantee a workplace free of sexual harassment.

4. National policy. Please provide an evaluation of the progress, achievements and obstacles encountered in the implementation of the National Plan for Equal Opportunities 2002-07. Taking into account the fact that the Poverty Reduction Strategy (PRS) identifies women and ethnic groups in a situation of vulnerability as targets, please also provide information on the activities undertaken in this context. Furthermore, please provide information on any other new element relating to the national policy of equality of opportunity and treatment in employment and occupation.

5. The Committee requests the Government to provide detailed information on the activities carried out by the Commission for the Elimination of All Forms of Racial Discrimination and the National Commission on Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance with a view to achieving equality of opportunity and treatment in employment and occupation. The Committee is addressing the situation of indigenous peoples in the context of Convention No. 169.

6. Export processing sector. The Committee notes that the Programme for Integral Competitiveness Training in the Clothing Industry is being implemented in cooperation with the National Vocational Training Institute and that it has trained 60,000 workers since 2002. The components of the Programme are: productive capacity; safety and health; and vocational capacity-building. It also notes that, under the Enterprise Responsibility Programme, over 17,000 workers in the export processing sector have benefited from food subsidies, transport, free meals at weekends and life and health insurance, and that certain enterprises provide child care services and that, where there is no coverage by the Honduran Social Security Institute, export processing enterprises have undertaken to provide medical services at the workplace. Please continue providing information on the situation of women in export processing enterprises and on the activities carried out to ensure equal treatment in such enterprises.

7. Complaints. Noting that the Department for the Protection of Children and Women of the Secretariat of Labour and Social Security received 230 complaints in 2002 relating to the application of the LIOM, the Committee requests the Government to provide more detailed information on the complaints relating to the LIOM lodged during the period covered by the next report and the manner in which they are resolved.

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The Committee notes the information supplied by the Government in its report and the attachments to the report. It requests the Government to provide information on the following points.

1. With reference to its general observation of 2002 on sexual harassment, the Committee notes the information supplied by the Government to the effect that section 147-A of the Labour Code and section 60 of the Equal Opportunities for Women Act deal with this subject. With regard to the definition of sexual harassment, the Committee would be grateful if the Government would envisage the possibility of including in its definition, or in the Equal Opportunities for Women Act, currently being amended, the notion of "hostile working environment". The Committee also notes that, according to the Government, one of the objectives of the First National Equal Opportunities Plan 2002-2007 - National Policy on Women is to establish machinery in all workplaces and education establishments in order to enforce the legislation penalizing domestic violence and sexual harassment. The Committee requests the Government to keep it informed of any measures adopted or envisaged, in so far as possible with the participation of representatives of workers’ and employers’ organizations, to achieve this objective.

2. In its previous observation, the Committee had requested the Government to provide information on the application of, and actual compliance with, Decree No. 34-2000 approving the Equal Opportunities for Women Act, taking into account comments made by the Committee in a direct request. The Committee notes the Government’s indication that the Equal Opportunities for Women Act is undergoing revision and that the amendments are to be approved by the Sovereign National Congress in 2004. The Committee requests the Government to provide information in this respect and to send the text of the Act as amended. It also asks the Government to reply to point 1 of its previous direct request on the regulation of domestic service and the repeal of the provisions of the law which discriminate against, or restrict the opportunities of, women: namely sections 50 and 88 respectively of the Equal Opportunities for Women Act.

3. The Committee requests the Government to respond to point 2 of the previous direct request which refers to measures adopted to ensure dissemination of the Equal Opportunities for Women Act in order to make women and men aware of their rights; and to the need for further information from the Government on the practical application of its provisions, particularly: (a) which provisions are being applied and which require enabling regulations; (b) detailed information on labour inspection activities; (c) complaints or court actions invoking the principles laid down in the legislation; and (d) the penalties imposed to date pursuant to section 86 and the penalty for recurrent breach.

4. The Committee notes the information supplied by the Government on the provisions applied under the Equal Opportunities for Women Act: section 35 (pregnant students); section 47 (women workers with HIV/AIDS); section 55 (offers of work); and section 73 (registration of possessions in the name of both partners of a marriage or both cohabiters). The Committee requests the Government to indicate in its next report whether these provisions will remain in force following the reform of the abovementioned act.

5. In its previous comments the Committee requested the Government to state the measures it is taking to promote women’s access to work and to vocational training in view of the statistical information showing discrimination in the better-paid posts and in sectors "traditionally" reserved for men. The Committee notes the indication in the Government’s report that the First National Equal Opportunities Plan 2002-2007 - National Policy on Women envisages amending the Labour Code in order: to remove any references which discriminate against women employees; to extend rights at work to a number of special regimes (domestic service, export processing, etc.); to promote training programmes and projects that involve minority groups (ethnic groups). The Committee requests the Government to provide information in its next report on the impact of the abovementioned plan in terms of improving the position of women in employment and occupation. In view of the inevitable overlap between Conventions Nos. 111 and 100 as regards discrimination in employment and occupation on grounds of sex, the Committee refers the Government to the comments it has made in a direct request on the application of Convention No. 100.

6. In its previous comments the Committee observed that although the export processing sector comprised largely women, the latter held only a small percentage of the better-paid jobs and management posts. The Committee notes the information sent by the Government that thanks to bipartite meetings between the authorities of the export processing sector and the workers, in 2002 there was a 60 per cent increase in the administrative jobs performed by women. The Committee requests the Government to provide information in its next report on vocational guidance and training programmes in this sector, and on the establishment of social services for women workers with family responsibilities, including the number of beneficiaries.

7. The Committee requests the Government to provide information on the formulation of national policies that seek to promote equality of opportunity and treatment for indigenous and tribal peoples in access to vocational training and to employment, in the various occupations and in conditions of work. The Committee urges the Government to provide information on the activities of the inspection services to prevent, and punish where necessary, discrimination against indigenous workers, particularly as regards women’s status.

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The Committee notes the information supplied by the Government in its report and of the attachments and statistics.

1. The Committee asks the Government to state whether the special scheme for women in domestic service referred to in section 50 of Decree No. 34-2000 of 11 April 2000 approving the Equal Opportunities for Women Act, has already been regulated; if so, the Government is asked to send a copy of the regulations. The Committee observes that section 88 of the abovementioned Decree establishes that the Act repeals provisions of the law which, in their substance, discriminate or restrict the opportunities of women in the exercise and enjoyment of their rights. The Committee asks the Government to provide information on the application in practice of this section and on any provisions actually repealed.

2. The Committee requests the Government to supply information on the measures taken or envisaged to ensure adequate dissemination of the Equal Opportunities for Women Act, and to state whether information and education campaigns have been carried out to acquaint women effectively with their rights. The Committee also asks the Government to provide further information on the practical application of the Act, in particular: (a) specifying which provisions are being applied and which require enabling regulations; (b) giving detailed information on the activities of the labour inspectorate; (c) providing information on complaints or court actions invoking the principles laid down in the legislation; and (d) specifying the penalties imposed to date pursuant to section 8 and the penalty for recurrent breach.

3. The Committee notes the statistics supplied by the Government. It observes that from 1995-99 the total active population has increased by 470,605, that the number of women in employment has risen by 6 per cent and that 90 per cent of economically active women are employed in commerce and catering, community, social and personal services and manufacturing, whereas only 34 per cent of male workers are to be found in the abovementioned sectors. The Committee requests the Government to indicate the measures being taken to promote women’s access to work and to vocational training, and to promote equality of opportunity and treatment in access to employment for women in minority groups.

4. The Committee also observes that in 2000 approximately 72 per cent of all workers in export processing zones were women and that only 10 per cent of the women held administrative posts as supervisors, human resource managers, assistants, etc. The Committee asks the Government to provide further information on: (a) the problems being addressed in the bipartite and tripartite committees in their periodic meetings and the conclusions or results of such meetings; (b) measures to further women’s access to better paid jobs and management posts; and (c) the steps being taken to encourage the employment of women in non-traditional sectors.

5. The Committee notes from the information supplied in the report that the National Institute for Women has formulated a national women’s policy jointly and with the participation of the public sector and the private sector. The Committee asks the Government to provide specific information on the abovementioned policy, for example its projects, programmes or activities.

6. The Committee notes the Government’s statement that the Labour Code reform will not be submitted for examination by the National Congress during the legislative year. It asks the Government to report on any new developments in this respect and hopes that the new Code will contain provisions on equality of treatment in employment and occupation.

7. The Committee asks the Government to supply information on the measures adopted or envisaged to deal with discrimination based on race or religion. With regard to the national policy on equality of opportunity and treatment for indigenous and tribal peoples, the Committee observes that the Government has sent no information on any specific measures implemented or envisaged to ensure non-discrimination in access to work and to vocational training, and in the working conditions. The Committee therefore repeats its request and urges the Government to supply specific information disaggregated by sex.

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

With reference to the comments of the Unitary Confederation of Honduran Workers (CUTH) alleging instances of discrimination and sexual harassment, the Committee notes the promulgation of Decree No. 34-2000 of 11 April 2000, approving the Equal Opportunities for Women Act. It notes that, in respect of equality of opportunity in work and social security, the Act affords women workers the following protection, inter alia: pregnancy testing may not be set as a prerequisite for employment; employment offers may not specify requirements based on sex, age, religion or marital status; effective protection of women during pregnancy is promoted; women workers infected by HIV/AIDS are protected; equal participation by women at all levels of public administrations is promoted; and penalties are established for the discriminatory acts in question. The Committee trusts that the adoption of this Act and the policies developed by the National Institute for Women, together with the other steps taken by the Government, will make an effective contribution to preventing, eliminating and punishing any such actions as constitute a distinction, exclusion or preference based on sex, the effect of which is to nullify or impair equality of opportunity in employment and occupation. The Committee requests the Government to report on the application and effective observance of the new Act, providing more specific information as asked in the direct request.

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

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The Committee notes the Government's report and attached legislation, as well as the statistical information supplied.

1. The Committee notes the communications from the Unitary Confederation of Honduran Workers (CUTH), received on 25 October 1999, as an annex to the Government's report. The CUTH alleges that there is discrimination in the country with regard to employment and salaries, and it refers to discrimination on the grounds of race, sex and religion. According to the CUTH, women are penalized for refusing to engage in sexual relations with their supervisors. The Committee notes that the CUTH does not provide evidence concerning the allegations made. It would therefore appreciate receiving detailed and concrete information. It also notes that the Government replied in a general manner, having regard to the measures adopted to promote equality of opportunity and treatment in employment. The Committee requests the Government to indicate whether any complaints or claims have been brought in this regard and to supply information on any action taken as a result. The Committee would also appreciate receiving information on the legislation relative to sexual harassment and the available remedies, as well as whether informational and educational campaigns have been carried out in this area.

2. With respect to its previous comments, the Committee notes from the report that the Government has recently initiated the process of revising the Labour Code. It recalls that, with regard to the drafting of norms, the Government may avail itself of technical assistance from the Office. It once again expresses its hope that the Government will incorporate the requirements of the Convention into the new legislative text, with regard to the promotion of equality of opportunity and treatment in employment and occupation, and it requests the Government to keep it informed of the status of the revision.

3. In addition, the Committee had previously requested the Government to indicate the penalties provided for in the legislation for incidents of discrimination in employment and occupation on the grounds set forth in the Convention, in cases other than those contemplated in section 499(j) of the Labour Code. It notes that section 625(d) of the Labour Code (as amended) could be applied to incidents of discrimination. It provides for a penalty ranging from 50 to 5,000 lempiras, depending upon the particular circumstances of each case, whether it is a repeated offence, the economic condition of the offending enterprise, the violation, on the part of the employers, of any of the minimum guarantees established by the Labour Code, and provided that no special monetary penalty applies. The Committee also notes that, to date, the General Labour Inspectorate of Honduras has not uncovered any cases of discrimination. The Committee recalls that it is particularly important for labour inspectors to receive the necessary training in all areas relevant to equality of opportunity and treatment, so that they may provide appropriate assistance and information in this field. The Committee asks the Government to indicate whether it has considered the possibility of strengthening the Labour Inspectorate, and offering inspectors training in the area of equality. The Committee also points out the usefulness of having the Labour Inspectorate coordinate with those specialized bodies in equality issues.

4. The Committee had requested the Government to supply information on all measures taken or envisaged to give practical effect to the principle of the Convention through specialized bodies and remedial procedures with respect to: (a) access to vocational training; (b) access to particular jobs and occupations; and (c) terms and conditions of employment. Noting that this information was not supplied, the Committee reiterates its request and draws the Government's attention to the explanations provided in its General Survey on equality in employment and occupation, 1988, paragraphs 196-230, which sets forth examples of the manner in which difficulties encountered in preventing discrimination in practice have, in the law and practice of various countries, resulted in the adoption of specific mechanisms and procedures for overcoming these difficulties.

5. Race and colour. The Committee notes that the Government purchased 1,817 hectares of land for the Chori ethnic group, which implies, according to the report, that the Government is providing it direct support to promote rural employment and the construction of housing. This fact does not, in and of itself, enable the Committee to understand the nature of the national policy to promote equality of opportunity and treatment in employment and occupation with respect to the indigenous people and the black minority. Therefore, the Committee requests the Government to provide information on this point.

6. Sex. Noting that women make up 72.3 per cent of the labour force in the export processing zone operations, the Committee requests the Government to supply information on any policies in place or envisaged to promote equality of opportunity and treatment in the maquiladora industry. It asks the Government to provide statistical information, disaggregated by sex, on the distribution of women and men in the maquiladora industry, disaggregated by jobs, levels, and salary. Noting with interest the adoption of Act No. 313-98 on Education, and Act No. 232/98 establishing the National Institute for Women, the Committee requests the Government to provide copies of these texts, as well as information on the activities carried out relative to their implementation.

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1. In its earlier comments, the Committee noted that the revision of the Labour Code was drawing to an end, and asked the Government to keep supplying information on the adoption of the revised text, which was to take into account the requirements of Articles 1 and 2 of the Convention concerning the national policy to promote equality of opportunity and treatment in employment and occupation. In the absence of information on this matter in the Government's latest report, the Committee hopes that the Government will be in a position to supply in its next report the text of the provisions adopted to strengthen the legislative foundation of the national policy to promote equality of opportunity and treatment.

2. The Committee notes that, under section 25 of the Labour Code, every individual contract of employment shall be deemed to include at least the guarantees and rights conferred on workers by, inter alia, the Constitution and the Labour Code. Article 60 of the Constitution "declares punishable any discrimination based on sex, race, class and any other impinging on human dignity", adding that "the offences and the penalties for those in breach of this rule shall be established by law". The Committee notes, however, that as regards discrimination in employment and occupation on the grounds referred to in the Convention, the only penalties established by the Labour Code apply to trade unions and members of their directorate who grant special privileges to trade union officers, etc. (section 500, read together with section 499(j) of the Code). Another prohibition against discrimination, set forth in section 12 of the Code which apparently does not provide for penalties, applies only to "any social welfare, educational, cultural, recreational or commercial establishment operated for the use or benefit of the community in any undertaking or workplace, whether under private or state ownership". The Committee requests the Government to indicate the sanctions established by law for discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin in cases other than those referred to in section 499(j) of the Labour Code.

3. The Committee has noted the Government's indication in its report that "in the national legal order, in the administrative rules, etc. there are no provisions that might in any way contribute to furthering practices of distinction, exclusion or preference with regard to a particular person or group of persons on grounds of colour, race, sex, religion, political opinion, national extraction or social origins in access to employment, occupation, treatment and equality of opportunity." However, the Government adds that "experience ... shows that when there are certain relations between a person or group of persons who hold power and authority of decision and administration and these in turn have marked interests of a political, cultural or religious nature, in some cases they segregate, exclude or discriminate against, persons or groups of persons who do not adhere to or profess their ideas, denying them the opportunities to which they are entitled and keeping those opportunities for themselves or for those with whom they share an affinity; in those rare cases it is difficult to prove the necessary elements to take legal action against those persons or authorities and to try to resolve this situation."

In this connection, the Committee refers to the explanations given in its 1988 General Survey on equality in employment and occupation in Chapter IV, which deals with the implementation of principles, and more particularly in section 2, subsection 3, on "means of promotion and enforcement" that may include "specialized bodies to promote, enforce and supervise equality and prevent discrimination" (paragraphs 196-215 of the survey) and in subsection 4 on "remedial procedures" dealing with the exercise of the right of complaint, financial assistance, the burden of proof, protection against reprisals, remedial action and sanctions (paragraphs 216-230). In the paragraphs referred to, the Government may find examples of how the difficulties existing in practice in preventing discrimination have given rise, in the laws and practices of various countries, to specific measures and procedures aimed at overcoming these difficulties.

The Committee requests the Government to supply, in its next report, information on any measures taken or envisaged to give effect in practice to the principles of the Convention by means of specialized bodies and remedial procedures, and on the results achieved with regard to: (a) access to vocational training; (b) access to employment and specific occupations; and (c) terms and conditions of employment.

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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. The Committee notes the Government's brief report. The report recalls that the revision of the Labour Code is drawing to an end in discussions within the Tripartite Committee for the Revision, and that the draft will then be sent to Parliament. The Committee requests the Government to keep it informed of any developments in the adoption of the revised text, which should take into account the requirements of Articles 1 and 2 of the Convention concerning the national policy to promote equality of opportunity and treatment in employment and occupation.

2. The Committee notes that the report is silent on the matters raised in its previous comments and therefore repeats the questions that it raised in the hope that the Government will soon be in a position to supply these details showing the application of the Convention in practice.

(a) Having noted in previous comments that the proportion of women who are candidates for qualifications and who obtain qualifications is very much lower than that of men and that the Government intends to give priority attention to the promotion of education and vocational training for women with a view to increasing their opportunities on the labour market (the "National Action Plan for Human Development in Honduras, 1992-2000" includes this objective), the Committee requests the Government to transmit statistics in this regard. If possible, they should compare the development of the proportion of women in relation to men in the various vocational training institutions, and the concrete results achieved in increasing the opportunities of women through the application of the National Plan. The Committee would be grateful if the Government would also supply information on vocational guidance programmes and on any measures which have been taken to broaden the choice of occupations available to girls, with a view to increasing their opportunities on the labour market.

(b) The Committee had previously noted that 52.7 per cent of public sector jobs are held by women and 47.3 per cent by men, and that the level of responsibility of women is increasing. The Committee would be grateful to receive more detailed information in this respect, for example, in the form of tables showing professional qualifications by sex and job category in the public sector, including the public service.

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1. The Committee notes with interest that the draft revision of the Labour Code has been submitted to the competent authorities and that it takes account of the Committee's comments. It hopes that this draft takes account of the requirements of Article 2 of the Convention concerning the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee asks the Government to inform it of the adoption of the draft in its next report.

2. The Committee also notes from the report that owing to the legislative reform, the Government cannot give specific answers to the questions raised in the previous direct request, including statistical information on measures to promote equality of employment for men and women in vocational guidance programmes and in the public sector. It hopes that the Government will be able to provide this information in its future reports.

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1. The Committee notes the Government's brief report. The report recalls that the revision of the Labour Code is drawing to an end in discussions within the Tripartite Committee for the Revision, and that the draft will then be sent to Parliament. The Committee requests the Government to keep it informed of any developments in the adoption of the revised text, which should take into account the requirements of Articles 1 and 2 of the Convention concerning the national policy to promote equality of opportunity and treatment in employment and occupation.

2. The Committee notes that the report is silent on the matters raised in its previous comments and therefore repeats the questions that it raised in the hope that the Government will soon be in a position to supply these details showing the application of the Convention in practice.

(a) Having noted in previous comments that the proportion of women who are candidates for qualifications and who obtain qualifications is very much lower than that of men and that the Government intends to give priority attention to the promotion of education and vocational training for women with a view to increasing their opportunities on the labour market (the "National Action Plan for Human Development in Honduras, 1992-2000" includes this objective), the Committee requests the Government to transmit statistics in this regard. If possible, they should compare the development of the proportion of women in relation to men in the various vocational training institutions, and the concrete results achieved in increasing the opportunities of women through the application of the National Plan. The Committee would be grateful if the Government would also supply information on vocational guidance programmes and on any measures which have been taken to broaden the choice of occupations available to girls, with a view to increasing their opportunities on the labour market.

(b) The Committee had previously noted that 52.7 per cent of public sector jobs are held by women and 47.3 per cent by men, and that the level of responsibility of women is increasing. The Committee would be grateful to receive more detailed information in this respect, for example, in the form of tables showing professional qualifications by sex and job category in the public sector, including the public service.

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The Committee notes the Government's report for the period 1991-92.

1. With reference to its previous comments, in which it noted that the proportion of women who are candidates for qualifications and who obtain qualifications is very much lower than that of men, the Committee notes the information contained in the report concerning the promotion of education and vocational training for women with a view to increasing their opportunities on the labour market. It notes in particular that the Government intends to give priority attention to this field and that the "National action plan for human development in the Honduras, 1992-2000" includes this objective. It requests the Government to transmit with its next report statistics comparing the development of the proportion of women in relation to men in the various vocational training institutions, and the concrete results achieved in increasing the opportunities of women through the application of the above National Plan. The Committee would be grateful if the Government would also supply information on vocational guidance programmes and on any measures which have been taken to broaden the choice of occupations available to girls, with a view to increasing their opportunities on the labour market.

2. The Committee notes that 52.7 per cent of public sector jobs are held by women and 47.3 per cent by men, and that the level of responsibility of women is increasing. The Committee would be grateful to be provided with more detailed information in this respect, for example, in the form of tables showing professional skills by sex and by job category in the public sector, including the public service.

3. With regard to equality of opportunity and treatment in respect of employment and occupation without any discrimination, the Committee notes the Government's statement that the provisions of the Constitution and the laws which are in force guarantee equality for all persons in respect of work. The Committee recalls that in accordance with Article 2 of the Convention, the Government is bound to declare (in a precise manner) and pursue a policy to promote equality of opportunity and treatment in respect of employment and occupation. In this respect, the Committee draws the Government's attention to paragraphs 157 to 176 of its 1988 General Survey on Equality in Employment and Occupation, which examines the formulation and content of such policies, as well as their application. In particular, the Committee emphasizes in paragraph 159 that "while affirmation of the principle of equality before the law may be an element of such a policy, it cannot in itself constitute a policy within the meaning of Article 2". The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to implement such a policy in practice, both in the private and public sectors, in accordance with the Convention.

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With reference to its previous comments concerning section 79(a) of the Agricultural Reform Act of 30 December 1974, the Committee notes with satisfaction the amendment of this provision by section 64 of Decree No. 31-92 of 5 March 1992 issuing the Agricultural Modernization Act. This amendment permits women, irrespective of whether they are married or single, with or without family responsibilities, to benefit on an equal footing with men from the assignment of land within the context of the agrarian reform.

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

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The Committee notes the Government's report.

1. With reference to its previous comments concerning section 79(a) of the Agricultural Reform Act (under which single women workers without family dependants may not be beneficiaries of the attribution of land, in contrast with single male agricultural workers without family dependants), the Committee notes with interest that the Women's Legislative Commission has submitted to Congress a proposal intended to amend this provision and section 84 of the Act along the lines suggested by the Committee. The Committee hopes that the next report will contain the text of the adopted amendments.

2. The Committee notes the statistics by sex concerning the courses provided and the participants (those who are registered and those who obtain qualifications) per year between 1984 and 1990 for the National Institute of Vocational Training (INFOP), in which it notes that the proportion of women who were registered and obtained qualifications over the past three years is very much lower than the number of men who were registered and obtained qualifications over the same period. The Committee requests the Government to indicate the measures that have been taken or are envisaged to promote the vocational training of women with a view to improving their opportunities in the labour market. In this connection, it draws attention to paragraphs 77-85 and 178-184 of its 1988 General Survey on Equality in Employment and Occupation, which emphasise the role of vocational training and guidance in achieving equality in employment.

3. The Committee also hopes that the Government will supply information on any other positive measures taken to promote equality of opportunity and treatment with respect to employment and occupation in the private sector, including any measures taken in cooperation with workers' and employers' organisations.

4. The Committee notes the Government's statement in its report to the effect that no amendments have been made to the relevant legislation with a view to promoting equality of opportunity and treatment in the public sector. The Committee notes that it is not necessary to amend the legislation in order to pursue an active policy designed to encourage the participation of women in the public sector at all levels of responsibility. It draws the Government's attention to paragraphs 172-176 of its 1988 General Survey, which contain examples of measures which can be taken in this respect.

5. The Committee notes the Government's indication that there is a delay in supplying information on the percentages of men and women employed in the public sector, including public officials, and on the number of women holding positions of responsibility. The Committee hopes that the Government will be in a position to supply this information in its next report.

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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. In its previous direct request the Committee noted that by virtue of section 79(a) of the Agricultural Reform Act, single women workers without family dependants may not be beneficiaries of the attribution of land, in contrast with single male agricultural workers without family dependants. The Committee notes from the Government's reply in its report that the attribution of land is done with the aim of securing sufficient income to farming families, and that in the context of the family structure in Honduras the attribution of land is made to the head of the family, i.e. the man. The Committee, referring to paragraphs 40-44 of its 1988 General Survey on Equality in Employment and Occupation, suggests to the Government that it open the possibility that land be attributed as well to single women without family responsibilities, as is the case for men.

2. The Committee recalls the Government's 1984 report in which it refers to the various functions of the National Institute of Vocational Training (INFOP) and the subjects of its courses. It requests the Government to supply information on the activities undertaken and the results obtained by this Institute since 1984, and in particular on the percentages of men and women who have attended vocational training courses organised by the Institute. The Committee also hopes that the Government will supply information on any further positive measures taken to promote equality of opportunity and treatment with respect to employment and occupation in the private sector, including on any measures taken in co-operation with workers' and employers' organisations.

3. The Committee requests the Government to include in its next report detailed information on the measures it has taken to promote equality of opportunity and treatment in the public sector. In that respect the Committee wishes to receive information on the percentages of men and women employed in the public sector (including civil servants) and on the number of women holding positions of responsibility.

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1. In its previous direct request the Committee noted that by virtue of section 79(a) of the Agricultural Reform Act, single women workers without family dependants may not be beneficiaries of the attribution of land, in contrast with single male agricultural workers without family dependants. The Committee notes from the Government's reply in its report that the attribution of land is done with the aim of securing sufficient income to farming families, and that in the context of the family structure in Honduras the attribution of land is made to the head of the family, i.e. the man. The Committee, referring to paragraphs 40-44 of its 1988 General Survey on Equality in Employment and Occupation, suggests to the Government that it open the possibility that land be attributed as well to single women without family responsibilities, as is the case for men.

2. The Committee recalls the Government's 1984 report in which it refers to the various functions of the National Institute of Vocational Training (INFOP) and the subjects of its courses. It requests the Government to supply information on the activities undertaken and the results obtained by this Institute since 1984, and in particular on the percentages of men and women who have attended vocational training courses organised by the Institute. The Committee also hopes that the Government will supply information on any further positive measures taken to promote equality of opportunity and treatment with respect to employment and occupation in the private sector, including on any measures taken in co-operation with workers' and employers' organisations.

3. The Committee requests the Government to include in its next report detailed information on the measures it has taken to promote equality of opportunity and treatment in the public sector. In that respect the Committee wishes to receive information on the percentages of men and women employed in the public sector (including civil servants) and on the number of women holding positions of responsibility.