Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guatemala (Ratification: 1960)

Article 1, paragraph 1(a), of the Convention. Discrimination on the basis of sex. The Committee notes that the Institutional Gender Analysis revealed a series of problems relating to the effective application of the principle of equality of opportunity and treatment for men and women which include: persistent gender discrimination against women in the labour market; the lack of awareness among women workers of their labour rights, the discretionary application of those rights and the limited capacity of women to claim their rights; and the burden of family care and household chores on women. The Committee requests the Government to provide information on the following:

(i)    the measures taken in response to the results of the Institutional Gender Analysis, including information on the implementation and impact of the Institutional Strategic Plan on Gender; and

(ii)   the implementation of the National Policy on the Promotion and Development of Women and the Equal Opportunities Plan 2010–13 and its impact on the elimination of discrimination and the promotion of equal opportunities for men and women, including information on the measures taken with regard to access to vocational training.

Please also provide statistical information on the employment situation of men and women and their distribution in the various occupations, jobs and economic sectors.

Indigenous women. The Committee notes that, according to the Analysis of Racism in Guatemala, 2009, “The effects of gender discrimination are amplified for indigenous women, corroborating the hypothesis that there is twofold discrimination against these women”. Noting that the Equal Opportunities Plan 2010–13 pays particular attention to Mayan, Garifuna and Xinca women, the Committee requests the Government to provide information on the specific measures taken or envisaged to promote equality of treatment and of opportunity for these women, and the impact thereof.

Bilingual education. The Committee notes that, according to the 2008 report of the Government, 17 per cent of children at the primary level received an intercultural bilingual education (48 per cent girls, 52 per cent boys). The Committee notes that, according to the Analysis of Racism in Guatemala, 2009, “Intercultural bilingual education is more efficient and more effective in achieving its educational objectives than traditional monolingual education. However, this form of education continues to suffer from meagre resources and limited establishment”. The Committee encourages the Government to take the appropriate measures to promote bilingual education and requests it to continue providing statistical information on the number of boys and girls receiving this type of education.

Article 3. Legislation. The Committee recalls that the National Office for Women (ONAM) is implementing the component entitled “Situational analysis of legislative amendments in favour of women”, which identifies seven draft laws and amendments of discriminatory provisions of various laws. The Committee notes that none of the proposals have been adopted. The Committee requests the Government to continue providing information on the progress made with regard to the adoption of the amendments.

Educational measures. The Committee requests the Government to continue providing information on the initiatives designed to raise and strengthen public awareness of the issue of discrimination in employment and occupation on the grounds listed in the Convention.

Parts III–V of the report form. The Committee once again requests the Government to provide information on the complaints of discrimination submitted to the Commission against Discrimination and Racism and the violations noted by the labour inspection services, the penalties imposed and solutions found.