Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

1. National policy on gender equality. The Committee notes that, pursuant to Decree No. 254 of 1998 promoting the Plan for equality between men and women in the world of work, the “Tripartite Commission on Equality of Treatment and Opportunity between Men and Women in the World of Work” (CTIO) was formally established on 15 March 2005. The Committee notes that the 2005 action plan is based on two main elements: the first is the launching of a programme entitled “For equality, against discrimination” and the second is the strengthening of social dialogue. Within this framework, numerous activities are carried out, including seminars at local and provincial level, such as that entitled “Assessment of the support programme for training and intermediation activities for women’s work in the city, the suburbs and province of Buenos Aires”, seminars at national level such as the “Workshop on the female quota and trade union democracy” organized by the CTIO in conjunction with the Institute for Women of the General Labour Confederation, and the seminar “Work for women, outlook and concrete action” organized by the CTIO. There are also seminars, meetings and workshops held at the international level, such as specialized meetings on women, within the framework of MERCOSUR. The Committee would be grateful if the Government would continue providing information on the national policy on gender equality in employment and occupation, on the activities of the CTIO and on the impact of such measures in practice. In reference to its observation, the Committee requests the Government to inform it of any future activities undertaken by the CTIO to articulate its proposals within the framework of the National Anti-Discrimination Plan.

2. The Committee notes the manual and good-practice guide entitled “Women, equity and work”. It notes that in 2004, the National Women’s Council implemented a training scheme aimed at all provincial departments responsible for the issue of “women”, which involved regional, provincial and local workshops. The National Women’s Council encourages provincial and local governments to include the issue of women in all their advisory councils. The Committee would be grateful if the Government would continue providing information on any developments in this area and on other activities undertaken by the National Women’s Council to ensure equality between men and women in employment and occupation, including details on the impact of such activities in practice.

3. The Committee notes the comprehensive statistical information provided by the Government in its report, the report of the National Institute of Statistics and Census (INDEC) and the “Analysis of the work situation of women, fourth quarter 2004” prepared by the General Directorate of Employment Study and Policies. The Committee notes that during the period covered by the report, women played a very dynamic role, with their participation in the labour market increasing by approximately ten percentage points. The increased participation of women in the labour market since 1990 is a result of changes in the sectoral structure of employment, the implementation since 2002 of the Unemployed Men and Women Heads of Household Plan, which benefits women in 67 per cent of cases, and the increase in the level of education received by women. The report notes with concern that the rate of unregistered female wage earners stands at
58.8 per cent compared to 47.8 per cent of male wage earners and that in 2004 there was a slight reduction of these situations. The Committee would be grateful if the Government would continue providing information so that it can assess the impact of the measures that are being taken to improve the situation of women in the labour market.

4. Labour inspection. The Committee notes that although no progress has been made with regard to the signing of an additional protocol between the national Women’s Council and the Labour Inspectorate, women represent
34.58 per cent of all labour inspectors and the incorporation of a specific module on gender is currently being studied. The Government is requested to continue providing information in this regard.

5. Violence in the workplace and sexual harassment. The Committee notes the comprehensive information provided by the Government in its report, on various laws, adopted in different provinces, which set out to prevent and penalize workplace violence in general and sexual harassment in particular, including the following: Act No. 1255 of the autonomous city of Buenos Aires of 4 December 2003; Act No. 4148 of the province of Misiones of 31 May 2005; Act No. 12434 of the province of Santa Fé of 1 August 2005; Act No. 7232 of the province of Tucumán of 23 September 2002; and Act No. 13168 of the province of Buenos Aires of 27 January 2004. The Committee also notes the summary of the bills presented in the last two years at national level. The Committee asks the Government to keep it informed of the adoption and implementation of new laws, both at national and provincial level, aimed at defining, preventing and penalizing sexual harassment. It also requests the Government to communicate whether any complaints were lodged or penalties imposed in application of these laws, such as penalties imposed by virtue of section 7 of the abovementioned Act No. 1255.

6. Indigenous peoples. The Committee notes that the National Institute against Discrimination, Xenophobia and Racism (INADI) works to promote the protection of the rights of indigenous peoples. With regard to the development of the “National Anti-Discrimination Plan” referred to in its observation, the Committee notes with interest that INADI has proposed a set of measures to eliminate discrimination against indigenous peoples and that these include: (1) the creation of a wide-ranging committee to amend national, provincial and municipal legislation with a view to incorporating the rights of indigenous peoples as set forth in the National Constitution (article 75, section 17) and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169); (2) the development of a programme aimed at facilitating indigenous peoples’ access to the justice system, which includes training for judges and prosecutors and the recognition of indigenous customary law; and (3) the creation of a specific organ within INADI responsible for preventing and penalizing any discriminatory labour and/or legal practices (lower wages, entrance quotas, unfounded penalties) against these groups. The Committee requests the Government to provide information on the progress made in meeting these objectives and on the measures adopted and their impact in practice.

7. With regard to the issue addressed in point 5 of the Committee’s previous direct request in which it asked the Government to take measures in respect of the internships involving students at Telefónica Argentina, the Committee notes that this matter was resolved directly with the Federation of Telephone Workers and Employees of the Argentine Republic (FOETRA) Buenos Aires, and that the workers referred to were hired as permanent staff.