Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Gender equality. The Committee notes the Government’s indication that the Bill on non-discrimination and effective equality between men and women in decision-making in enterprises has not yet been the subject of a decision by Congress. The Committee asks the Government to continue providing information on the legislative process respecting the Bill. The Committee also requests the Government to provide information on the activities 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 activities undertaken by the National Institute against Discrimination, Xenophobia and Racism (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 in achieving the objectives of the Convention.

Promoting equality in the private sector. The Government indicates that, in the context of the programme Gender Equality Model for Argentina (MEGA 2009), certification has been granted to seven private enterprises and that INADI is currently revising MEGA to bring it into harmony with other areas and state programmes. The Committee requests the Government to continue providing information on the impact of the MEGA 2009 programme on the promotion of gender equality within enterprises, and on any other programme implemented in the private sector targeting gender equality, and in particular to indicate the manner in which gender equality is promoted by the cooperative programme “Argentina Trabaja”, to which the Government refers.

The Committee notes that the Government has not provided specific information on the other issues raised its previous direct request, which read, in relevant parts, as follows:

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.

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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.

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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 16 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.