Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uruguay (Ratification: 1989)

1.  Discrimination on the basis of sex. The Committee notes that the union PIT-CNT indicates that section 3(1) of Act No. 16045 is not regulated by Decree No. 37/1997 (determining activities in which gender is an essential condition) and no indication is given regarding competence for determining these activities, the participation of occupational organizations in such determination and its periodic revision, etc. The Committee recalls the importance of the collaboration provided for under the Convention and necessary for its application. In some cases it is the Government, after consultating with the various organizations representing employers and workers, which prepares the list of jobs in which some criteria included in the Convention may be taken into account without being deemed discriminatory, in view of the nature of, and conditions under which, the job is performed. In others, given the general character of the provisions, including the provision cited, information regarding its practical application is above all derived from such interpretations as may be made by judges, to ascertain which cases fall within the exceptions allowed under Article 2(1) of the Convention. The Committee therefore requests information on the practical application of section 3 of Act No. 16045. In this respect, it notes that paragraphs 124 and 133 of the General Survey could provide guidance in this respect.

2.  The Committee notes from the Government’s report that the reformulation of the National Plan of Action for Women and the Family was not approved. It also notes that the Government’s report indicates concrete action in respect of the principle, such as the Committee on proposals and follow-up to the Beijing Conference on Women, the Honorary Committee on Rural Women and the Tripartite Committee on Equality of Opportunity and Treatment established on 7 March 1997, in replacement of the inter-institutional committee provided for under Decree No. 37/97, which was never convened. It observes with interest that according to the communication from PIT-CNT, the Tripartite Committee meets fortnightly, and has organized a course for labour inspectors in 1997, and a course on discrimination aimed at the public services in 1999. The Committee hopes to be kept informed on the functioning of, and on action taken by, these committees. It also requests to be kept informed on the plans and activities developed by the Tripartite Committee on Equality of Opportunity and Treatment in general, as regards categories other than sex covered by the Convention. The Committee also reiterates its request for information on cases in which Decree No. 37/97 may have been applied.

3.  Discrimination on the basis of race.  It also takes note of the statement by PIT-CNT that the organization regrouping black persons has intimated the existence of employment discrimination, adding that numerous activities are not carried out by such persons which, according to PIT-CNT, is a de facto indication of the impossibility of their obtaining these jobs. Noting that it has not received concrete elements in this connection, the Committee requests detailed information on the alleged practices, for their full examination.

4.  National policy to promote equality of opportunity and treatment.  The Committee would like to examine the national policy to promote equality of opportunity and treatment in respect of employment and occupation. Recalling in respect of such policy paragraphs 158 to 169 (formulation and content of a national policy designed to promote equality of opportunity and treatment) and 185 to 192 (cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of the national policy) in its General Survey on equality in employment and occupation, 1988,the Committee asks that detailed information should be supplied on such policy in the next report.

5.  The Committee again requests the Government to inform it whether Bill No. 538 of 9 July 1996, which contains sections on non-discrimination in regard to political, religious, trade union and other opinions, has been adopted.