Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information provided by the Government in its report, as well as the information attached.

1. The Committee noted in its previous comment the Government’s indication concerning the legislative procedure for the examination of two Bills (Bulletins Nos. 1419-07 and 2665-18). It also notes the information provided in the Government’s last report on the existence of an administrative mechanism for dealing with complaints of sexual harassment. The Committee requests the Government to continue providing information on the progress made with the above Bills and to provide a copy of them when they have been adopted. It also trusts that, in the examination of these Bills, the various aspects referred to in its general observation of 2002 will be taken into account, especially with regard to: the scope of the definition of sexual harassment ("quid pro quo" and "hostile work environment"); the scope of who is protected and who may be considered liable; and the scope of protection (vocational training, access to employment, the workplace, etc.). The Committee also notes with interest the first court ruling recognizing sexual harassment in Chile, issued by the Supreme Court on 9 April 2003.

2. With reference to its previous comments on 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 would be grateful if the Government would indicate whether any progress has been made in the adoption of the Bill (Bulletin No. 1707-18) submitted in 1995 to amend the Civil Code and the supplementary legislation respecting joint ownership and the sharing of acquired property and affording equal rights to the wife and the husband. The Committee reminds the Government once again 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.

3. The Committee notes the information contained in the introduction to the Plan for Equality of Opportunity between Women and Men, 2000-10, according to which the higher level of participation of women in the labour market has not given rise to substantial changes in conceptions of gender, nor to an improvement in the quality of their jobs. According to the Plan, there are mechanisms of direct and indirect discrimination operating in the labour market which prevent women from developing and advancing at work. The Committee notes the statement that the employment opportunities of women in the labour market are restricted to certain lower-productivity and lower-paid jobs; disadvantages also exist such as those related to the quality of education provided to girls and young women; the lower level of training or the limited opportunities for training for activities considered to be socially appropriate for women; a lower level of work experience; the availability of women for fewer hours and career interruptions for maternity and bringing up children. The Committee also notes from the information contained in the wording of the Plan that the problems of women vary with their age; young women are confronted with high unemployment rates; women of reproductive age suffer from restrictions in employment and are affected by higher health costs and the need to provide for and care for young children; while there is a high probability of older women earning inadequate wages that are lower than those of men. The Committee requests the Government to provide information on the measures adopted or envisaged to promote equality in employment and occupation between men and women, including higher levels of education and training to gain access to better-paid jobs and prevent horizontal and vertical segregation.

4. The Committee notes the information provided by the Government in its report on the application of Convention No. 100 concerning the promotion by the National Women’s Service (SERNAM) in public and private enterprises of a policy entitled "good enterprise practices for equality of opportunity for men and women in the world of work". The Committee also notes with interest the establishment of the Public-Private Temporary Agricultural Employment Committee to improve the working conditions of temporary women workers in the agro-export sector. The Committee further notes the financing of a study by the National Association of Tax Office Employees (ANEF) on the conditions and situation of women in the public sector. The Committee would be grateful if the Government would provide a copy of the above study.

5. The Committee notes the information provided in the Government’s report under Convention No. 100 on the activities of the technical teams with the participation of SERNAM, the National Training and Employment Service and the Ministry of Education which are responsible for agreeing on measures to promote the access of women to non-traditional sectors of the economy. In this respect, the Committee notes the ministerial undertakings made on 7 March 2002, with particular reference to the sponsorship by the Ministry of Mines to analyse the presence of women in the mining sector. The Committee requests the Government to provide information on the impact of the activities and undertakings referred to in promoting the access of women to non-traditional sectors of the economy.

6. The Committee notes that the Government has not provided in its report the information requested in its previous comment and is therefore bound to reiterate its comments on the following matters:

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.

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 are 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.

The Committee trusts that the Government will provide information on all the questions raised in its next report.