Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Gender equality. The Committee again asks the Government to send information on the passage through Parliament of the Bill on discrimination and effective equality for men and women in corporate decision-making, which provides that members of one sex may constitute no more than 60 per cent of the administrative, representative and supervisory bodies of companies.

Migrant workers. The Committee notes the information from the Government that legal residence is required in order to apply for unemployment insurance and that various measures were adopted which have enabled 500,384 persons to legalize their status since 2004. Observing that the Government sends no information on the categories and sectors of employment from which migrant workers are excluded or on the manner in which it is ensured in practice that such exclusion does not involve or lead to discrimination based on race, colour or national extraction, the Committee requests the Government to send its observations on this matter.

Promoting equality in the private sector. The Committee notes the Model Programme for Gender Equality in Argentina (MEGA) and notes that it has been introduced in ten enterprises. Furthermore, an advisory council has been set up to monitor progress in the policies implemented, guidance is being provided to enterprises, and performance indicators and progress monitors are being developed. The Government states that in reality this Programme has been replaced by the Programme “Network of Non-governmental Entities”. The Committee requests the Government to continue to report on the impact of the Programme “Network of Non-governmental Entities” in terms of promoting gender equality and to provide information on the process for certifying enterprises that observe gender equality and on the implementation of gender equality under the “Argentina Trabaja” cooperatives programme.

The Committee observes that the Government has sent no specific information on the other matters raised in its previous direct request, the relevant parts of which read 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.

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.