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

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

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

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

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

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

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

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