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

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

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

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

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

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

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