Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Gender equality. According to the Government, despite the fact that there is a high participation level by women in the labour market, their presence decreases at higher levels of responsibility, including in those industrial sectors in which they are most numerous. The Committee notes the Bill on non-discrimination and effective equality between men and women in decision-making in enterprises. The Bill provides that there can be no more than 60 per cent of persons of the same sex in bodies engaged in administration, representation, internal supervision and company auditing. The Committee requests the Government to provide information on the progress made in the adoption of the Bill and the mechanisms envisaged to monitor its application in practice.

The Committee notes the information provided on the action carried out by the National Institute against Discrimination, Xenophobia and Racism (INADI). The Committee notes the programme “State consensus against gender discrimination and towards real equality between women and men”, implemented during the course of 2008, in the context of which an assessment was made on situations of discrimination against women through debates at the local, provincial and national levels. The Government indicates that it is hoped that an undertaking will be given in Government circles for the implementation of action through public policies in line with the outcome of the debates. The Committee requests the Government to provide information on the action and measures taken under the programme “State consensus against gender discrimination and towards real equality between women and men”, and on the plans, programmes and action undertaken by the INADI, the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO) and the National Women’s Council for the attainment of the objectives of the Convention.

Equality in access to employment. The Committee notes that, based on the complaints received by the INADI and consultations on discrimination at work, the Institute formulated General Recommendation No. 6 for the promotion of equality of treatment in access to employment without discrimination on grounds of age, physical appearance, social origin, nationality and disability. The Committee also notes that, based on the recommendations made, a Bill was prepared to combat discrimination in the supply of jobs. The Committee requests the Government to provide information on the legislative process relating to the Bill and on the effect given in practice to General Recommendation No. 6 of the INADI.

Promoting equality in the private sector. The Committee notes the data from the study undertaken by the INADI in the context of the “Discrimination Map”, which show that discriminatory conduct tends for the most part to be related to the workplace and that 62 per cent of the persons interviewed considered that enterprises in the country discriminate in relation to their workers. The Committee notes the programme “Gender Equality Model for Argentina” (MEGA 2009), the objective of which is to promote innovative tools for the management of diversity at the enterprise level. The programme, which is of a voluntary nature (when the report was prepared, 11 enterprises had been included), allows the identification of possible gender gaps and the application of measures to remedy existing inequalities. Moreover, it is administered by various actors in civil society, including chambers of employers and trade unions. The Committee also notes the various official days and meetings held to promote equality of opportunity in access to employment, equitable remuneration, personal development and participation in decision-making, including the days on wage parity for men and women organized with ILO support. The Committee also notes the programme “Raising awareness for inclusion” intended for small and medium-sized enterprises concerning non-discrimination in employment for persons with disabilities. The Committee requests the Government to continue providing information on the impact of the MEGA 2009 programme and on the action taken to promote non-discrimination on the various grounds set out in the Convention.

Public sector. In its previous comments, the Committee noted section 125 of the 2006 General Collective Labour Agreement for the Central Public Administration, which provides that the parties agree to eliminate any measure or practice which results in discriminatory treatment or inequality between workers based on various criteria. The Committee once again requests the Government to provide information on the application of this section in practice, including promotional activities, and on any complaints made and the action taken in response to such complaints.

Promoting of equality in trade union activities. Act on trade union quotas. The Committee notes the Government’s indication that, according to an investigation carried out by the Women’s Institute of the General Confederation of Labour (CGT) in 2008 concerning the effect given in practice to Act No. 25674, out of a total of 1,448 official trade union positions, only 80 are occupied by women. Of these, 61 are delegates or auditors; in 25 unions, no women hold representative office; in unions covering social services and education, the membership of women accounts for 53 per cent of total members; of a total of 26,304 positions on executive bodies, only 4,457 (16.9 per cent) are held by women and 21,847 (83.1 per cent) by men. Noting the low rate of participation by women on the executive bodies of trade unions, the Committee once again requests the Government to indicate:

(i)    the measures adopted by the Observatory for Compliance with the Act on trade union quotas with a view to ensuring that effect is given to the Act and its impact on the representation of women on the executive bodies of trade unions; and

(ii)   the manner in which the CTIO deals with complaints respecting failure to comply with the Act on trade union quotas and the measures adopted with a view to the elimination of the obstacles which limit the development of women trade union members and on the collaboration of employers’ and workers’ organizations in the implementation of these measures.

Sexual harassment. Noting that the Government has not provided information on the activities of the Advisory Office on Violence in the Workplace, including training and prevention activities and the action taken in response to complaints of sexual harassment, the Committee reiterates its request for such information.

Migrant workers. Noting that the Government has not provided information on the employment sectors and job categories from which migrant workers are excluded, nor on the manner in which it is ensured in practice that this exclusion does not involve or lead to discrimination on the basis of race, colour or national origin, the Committee reiterates its request for such information.

Internships. The Committee notes the indication in the Government’s report of the adoption of Act No. 26427 of 22 December 2008, establishing a new system of internships, which unifies the legal provisions governing internships, increases State control and prevents their fraudulent use. The Committee requests the Government to provide information on the supervisory mechanisms to prevent the fraudulent use of internships, and to ensure protection against discrimination.

Indigenous peoples. The Committee notes that, in its concluding observations of 29 March 2010, the United Nations Committee on the Elimination of Racial Discrimination expresses concern that indigenous peoples, in particular those living in Chaco Province, remain among the poorest and most marginalized groups, and about the persistence of prejudices and negative stereotypes, and that it recommends the Government to take the necessary steps to ensure effective protection against discrimination in various areas, particularly in employment and education (CERD/C/ARG/CO/19-20, paragraphs 29–30). The Committee notes that in its comments of 31 August 2009, the Confederation of Argentinean Workers (CTA) refers to the implementation of the policy planning framework with an ethnic perspective of the Ministries of Labour and of Health. The Committee observes that the Government has not provided any comments in this respect. The Committee requests the Government to provide information on the implementation in practice of the policy planning frameworks with an ethnic perspective, and in particular to supply information on the situation of indigenous peoples, compared with that of the non-indigenous population, in employment and occupation, as well as with regard to income.