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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mexico (Ratification: 1961)

1. The Committee notes the observation provided by the International Confederation of Free Trade Unions (ICFTU) on matters related to the application of the Convention, and the comments sent by the Government in relation to this observation. The ICFTU states that there exist grave cases of discrimination against pregnant women, particularly in export processing enterprises (maquiladora industry), where they are denied leave and other statutory rights related to maternity, or they are compelled to work under hazardous and difficult conditions to dissuade them from continuing working. The report also indicates that many employers require pregnancy tests prior to the recruitment of women. The ICFTU alleges that in many cases the authorities are accomplices to these practices. The Committee notes the brief reply sent by the Government according to which in law women have the same rights and obligations as men; it also mentions some measures to protect maternity. The Committee notes that the reply from the Government to the comments sent by the ICFTU does not contain information on the situation of women in practice, mainly in export processing zones (the maquiladora industry).

2. Furthermore, according to the ICFTU, members of indigenous peoples, who constitute 10 per cent of the population, also continue to suffer problems of discrimination and have an illiteracy rate which is higher than that of the non-indigenous population. The ICFTU indicates that the majority of the members of indigenous communities do not have the opportunity to have access to skilled training courses or productive jobs or employment requiring a certain academic level. The ICFTU also alleges the existence of job advertisements seeking persons under 35 years of age, of light skin and who are physically attractive. The Government has not sent a reply to these comments.

3. The Committee notes that the matters raised by the ICFTU are closely related to the points that it raised in its previous comments. The Committee hopes that the Government will provide full particulars on the matters raised above by the ICFTU, as well as on the Committee’s previous comments, which were contained in a direct request and an observation, the latter of which read as follows:

1. The Committee notes the information contained in the Government’s report and the comments of the Confederation of Workers of Mexico (CTM) and the Confederation of Industrial Chambers of the United States of Mexico that were received together with the report. It also notes the communication dated 28  September 2001 from the Mexican Union of Electricians respecting the application in Mexico of Convention No. 111 and of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Noting that the Government’s comments on the latter communication have not been received, the Committee will defer its examination of it until its next session in 2002.

2. The Committee refers to its previous comments on the allegations received over various years concerning a series of systematic discriminatory employment practices in export processing zones (the maquiladora industry). These practices discriminate against women by requiring pregnancy tests and other discriminatory practices as a condition for access to employment in maquiladoras. These practices are also carried out against women already employed in maquiladoras. The Committee notes that allegations concerning these discriminatory practices have been the subject of ministerial consultations in the context of the North American Agreement on Labour Cooperation (NAALC). The Committee previously requested the Government to investigate these allegations and, as appropriate, to take measures to bring them to an end. It had also requested information on the measures taken in practice or which were envisaged to investigate, punish and eliminate such practices, which are in violation of sections 133 and 164 of the Federal Labour Act (LFT).

3. The Committee notes the amendment on 14 August 2001 to article 1 of the Constitution setting out the principle of non-discrimination, which reads as follows: "All discrimination shall be prohibited on grounds of ethnic or national origin, gender, age, differences in capacities, social situation, health condition, religion, opinion, preference, civil status or any other characteristic prejudicial to human dignity and which is for the purpose of nullifying or prejudicing the rights and freedoms of the individual." The Government indicates that section 133 of the Federal Labour Act (LFT) provides that it is prohibited for employers to refuse to accept workers for reasons of age or sex, and that it is through this provision that the LFT regulates admission to employment. It adds that, although Mexican legislation does not specifically cover the issue of discrimination in admission to employment, the Government has taken measures with a view to following up the observations of the Committee of Experts in this regard. The Committee notes the information provided by the Government on the measures of a general nature, including the national consultation initiated by the Secretariat for Labour and Social Insurance, the functions of the Office of the Federal Labour Attorney and the information campaign seeking to promote the integration of women into formal work under conditions of equality of opportunity and treatment. It notes the information campaign carried out by the Secretariat for Labour and Social Insurance targeting indigenous women in urban areas.

4. The Committee notes with interest the adoption of the Act respecting the National Institute for Women, published in the Diario Oficial of the Federation on 12 January 2001. It notes that the Institute is currently developing the National Programme for Equality of Opportunity and Non-Discrimination. The Committee would be grateful if the Government would keep it informed of the activities of the Institute relating to the application of the Convention. The Committee also notes the training courses on gender organized in the context of the Plan of Action for More and Better Jobs, and particularly the training workshop on gender for 38 federal and local labour inspectors. Recalling the Government’s statement in its previous report that it was planned to extend the Plan of Action to the remaining frontier states, the Committee requests the Government to provide information in this respect in its next report. In this context, the Committee notes the Government’s statement that the Federal Labour Inspectorate and the Secretariat for Labour and Social Insurance have carried out inspections concentrating on the issue of discrimination, and particularly in the export processing industry. The Government states that between 1998 and 2000 a total of 27,387 inspections were carried out in enterprises in which 1,133,059 women workers were engaged. The Committee notes, as it has in its previous comments, that these figures refer to women who are already employed and not women at the stage of recruitment or hiring.

5. The Committee notes the Government’s statement that the maquiladora industry has been one of the most important sources of the creation of jobs for women and that women account for the majority of the workforce in this industry. In view of the high proportion of women employed in the Mexican maquiladora industry, the Committee considers that special efforts should be made to ensure that women workers do not suffer discrimination in employment and that they have access to training opportunities and better jobs.

6. The CTM indicates that Chapter 1 of the Constitution of Mexico provides that "the principle of equality for all inhabitants of the country is based in the enjoyment of the fundamental rights established by the Federal Constitution, irrespective of the condition of Mexican or foreign nationality, race, religion or sex". The CTM adds that treatment in relation to employment and occupation and social security is equal in Mexico and that the right to equality is set out in the Federal Labour Act and the social security legislation.

7. The Confederation of Industrial Chambers of the United States of Mexico endorses the comments of the CTM and indicates that Mexican employers agree on compliance with the principles of non-discrimination for and in employment.

8. The Committee once again reiterates that the alleged practices referred to above in paragraph 2 constitute discrimination in employment and occupation on grounds of sex and requests the Government to take appropriate measures to investigate and eliminate such discriminatory practices. In this context, it requests the Government to amend the LFT to explicitly prohibit discrimination based on sex in recruitment and hiring for employment and in conditions of employment. The Committee requests the Government to provide detailed information in its next report on any measure that has been adopted and the progress achieved in eliminating such discriminatory practices, and it also requests the Government to provide information on the cases lodged with local and federal Conciliation and Arbitration Boards and Mexican courts alleging discrimination on grounds of sex.

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