Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Legislative measures. The Committee notes with interest the reform of labour procedures introduced by Act No. 20087 of 3 January 2006 and, in particular, where such rights are prejudiced through the exercise of the employer’s powers, the establishment of a special procedure to guarantee the protection of the fundamental workers’ rights set out in article 19 of the Constitution and section 2 of the Labour Code. These rights include the right to equality. Under the terms of the Act, proceedings relating to workers’ fundamental rights benefit from preference in relation to all other procedures before the same court (section 488). The Act also provides that, where the evidence provided by the plaintiff constitutes sufficient proof that there has been a violation of fundamental rights, the defendant shall be under the obligation to explain the reasons why the measures were adopted and their proportional effect (section 493). The Committee asks the Government to provide information on the effect given to these provisions including and, in particular, the number and types of cases relating to the violation of the principle of equality of opportunity and treatment in employment and occupation brought to the courts under this Act and their outcome, with particular reference to the application of section 493. The Committee once again requests the Government to provide a copy of Ordinance No. 3704/134 of 11 August 2004, determining the meaning and scope of the second, third and fourth subsections of section 2 of the Labour Code relating to non-discrimination at work.

In its previous comments, the Committee had asked the Government to amend section 349 of the Code of Commerce which provides that, unless she married under the separate property regime, a married woman may not enter into a commercial partnership agreement without special permission from her husband, as well as the provisions of the Civil Code and supplementary legislation respecting the marriage regime and community of income, with a view to granting spouses equal rights. The Committee notes that, according to the Government’s report, amendments to section 349 of the Code of Commerce and of the marriage regime are envisaged in the Bill to amend the Civil Code and supplementary legislation respecting the marriage regime and community of income (Bulletin No. 1707-18). The Committee requests the Government to continue providing information on the progress of this Bill.

Discrimination on the ground of political opinion. In its previous observation, the Committee observed that for over ten years it had carried on an exchange with the Government on the issue of the explicit repeal of certain Legislative Decrees (Nos 112 and 139 of 1973, 473 and 762 of 1974, 1321 and 1412 of 1976) allowing the rectors of Chilean universities broad discretion to abolish academic and administrative posts, and section 55 of Legislative Decree No. 153 on the legal status of the University of Chile and the University of Santiago de Chile, under which teachers, students and administrative staff may be expelled from or refused admission to these two institutions on grounds of their political activities. In this respect, the Committee asked the Government to take the necessary measures to amend the national legislation so as to bring it into conformity with the Convention. The Committee regrets that no information has been received on this matter, and once again asks the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

Indigenous peoples. With reference to its previous comments concerning the situation of indigenous peoples in the country, the Committee notes with interest that, on 8 September 2008, Chile ratified the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee also notes the Constitutional Reform Bill, which recognizes the indigenous peoples of Chile, is currently under examination by the Constitution, Legislation, Justice and Regulations Commission of the Senate and it hopes that all the aspects of the Convention will be duly taken into account in this context. The Committee asks the Government to provide information on the progress of the above Constitutional Reform Bill in relation to indigenous peoples, including information on the measures adopted to ensure the participation of indigenous peoples in this process.

The Committee is raising other points in a request addressed directly to the Government.