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

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

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

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

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

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