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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chile (Ratification: 1971)

The Committee notes the detailed information provided by the Government in its report.

1. Further to its observation and with regard to the amendment of section 349 of the Commercial Code, which provides that a married woman who is not covered by the marital regime of the individual ownership of property may only enter into a commercial partnership agreement with the special authorization of her husband, the Committee notes the Government’s statements. The Committee acknowledges the existence of different marital property regimes and the resulting types of property administration between spouses in Chile, namely joint ownership, individual ownership and the sharing of acquired property introduced by Act No. 19335 of 23 September 1994. The Committee understands that the spouses in practice enjoy the faculty to select voluntarily their marital property regime both when contracting marriage and subsequently. It also notes that the joint ownership regime, "designed as a system for the joining of property between the husband and the wife, with its centralized single administration in the hands of the husband, including the wife’s own property", presupposes the existence of a legal system which establishes different rights and duties for women and for men. The joint ownership regime is the default legal regime, which means that where it is not otherwise agreed a regime is automatically applied which restricts the independence of the wife and her freedom to dispose of her property. The Committee notes that the Bill submitted in 1995 (Bulletin 1707-18) introducing amendments to the Civil Code and supplementary legislation respecting joint ownership and the sharing of acquired property is currently under examination and affords equal rights to the wife and the husband. The Committee recalls that distinctions based on marital status are of a discriminatory nature as they presuppose the imposition on a person of a specified sex of a requirement or condition which is not imposed on the other sex, and that such distinctions may amount to a restriction on women being able to exercise their professional activity under equal conditions with men.

2. With reference to its comments concerning the retirement age of women, which is 60 years, while that of men is 65, the Committee notes the Government’s statement indicating that it is not envisaging the possibility of amending Decree No. 3500 of 1980. The Committee notes that the possibility for women to have access to a pension at 60 years of age, even though it is the statutory minimum age, may encourage employers to impose earlier retirement on women, thereby cutting short their employment period. The Committee hopes that the Government will reconsider its position in the light of the principle of equality of opportunity and treatment in employment and occupation.

3. The Committee notes from the data compiled in the National Employment Survey that the activity rate for the population of 15 years and over for women in 2000 continued to be 35 per cent compared with a rate of 72.9 per cent for men. The unemployment rate for women fell by 0.6 per cent in comparison with 1999. The Committee also notes that women are concentrated in the labour market in the services and commercial sectors, and that this situation did not change between 1996 and 1999. Women are predominant in the services sector (54 per cent), while in the commercial sector, even though they are not in the majority, their presence increased between 1996 and 1999 (43.9 per cent and 45.6 per cent respectively). Another branch of the economy in which there was a certain increase in women workers was in public utility services, where the increase was a little higher than 4 per cent. The Committee notes the information provided by the Government concerning the activities of the National Women’s Service (SERNAM) and the National Training and Employment Service (SENCE) to facilitate the access of women workers, particularly those with low incomes, to the various programmes of vocational training provided by the Service. The Committee requests the Government to provide information on the measures envisaged to promote the occupational opportunities of women so as to avoid their concentration in occupations traditionally considered as being feminine.

4. The Committee notes that the Plan for Equality of Opportunities between Men and Women, 2000-10 in contrast with the first plan (1994-99), does not propose specific action, but sets out policy objectives to be achieved at the level of the communes and regions through operational plans. The Committee requests the Government to provide information, including results, based on the periodical evaluation indicators for policies intended to promote equality in employment and occupation between men and women.

5. The Committee notes the Government’s statement that the Bill on sexual harassment (Bulletin No. 1419-07), is currently before Parliament. It also notes that the Bill submitted on 18 January 2001 (Bulletin No. 2665-18), establishing rules respecting sexual harassment, is also being examined by the Chamber of Deputies. The Committee requests the Government to continue providing information on the progress made by the above Bills and to provide copies of them when they have been adopted. The Committee also refers the Government to its general observation on sexual harassment.

6. The Committee notes that the Bill (Bulletin No. 513-07) introducing a constitutional amendment to afford constitutional recognition to indigenous peoples was rejected on 17 October 2000, and that the draft Accord respecting Convention No. 169 on indigenous peoples, submitted in January 1991, is still before Parliament. The Committee requests the Government to continue providing information on the progress of the above draft text.

7. The Committee notes the data obtained from the VIth National Socio-Economic Survey (CASEN 96), 1996, showing that, with regard to the distribution of income, 65.21 per cent of the indigenous population is in the two poorest quintiles, in contrast with the figure for the non-indigenous population, which is 44.1 per cent. The average income of indigenous persons is US$120.66, while the figure for the non-indigenous population is US$217.91. The Committee also notes that 67.9 per cent of indigenous women are not active, while the figure for men is 24.2 per cent. With regard to their economic activities, a large part of the indigenous population is concentrated in agricultural, stock-raising and fishing activities (25 per cent) and in unskilled work (31.2 per cent). Furthermore, their illiteracy rate is 10 per cent, while the figure for the non-indigenous population is 4.4 per cent. Some 54.9 per cent of young indigenous persons under 25 years of age attend an educational institution, in comparison with a figure for young non-indigenous persons of 61.6 per cent. The Government refers in its report to a study on the vocational integration of indigenous persons into the labour market in the Metropolitan Region in 2001, but the data provided correspond to those of the CASEN VI Survey. The Committee would be grateful if the Government would provide a copy of the above study. Furthermore, the Committee requests the Government to continue providing information on the measures that are being taken to guarantee equality of opportunity in employment and occupation for the indigenous population in the country.