Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(1)(a) of the Convention. Gender discrimination. The Committee notes the Government’s statement that in the context of the Institutional Strategic Gender Plan measures are being taken to incorporate new categories in databases to achieve a more accurate overview of the labour situation. Moreover, under the National Policy for the Advancement and Comprehensive Development of Women, a training programme is being implemented for women of the Maya, Garífuna, Xinka and Mestizo peoples, with the provision of vocational guidance and training; awareness-raising campaigns on labour rights are being conducted in indigenous languages for women in agriculture and the maquila (export processing) sector, for migrants and for domestic workers; complaints of violations of women’s labour rights are being systematically followed up; and awareness-raising campaigns are being conducted for employers regarding the labour rights of indigenous women workers. Taking account of the fact that the Institutional Strategic Gender Plan and the National Policy for the Advancement and Comprehensive Development of Women have been under way since 2008, the Committee requests the Government to provide detailed information on the results achieved and the obstacles encountered so far in the elimination of discrimination and the promotion of equal opportunities for men and women. The Committee further requests the Government to continue to provide information on all the measures taken in the context of the abovementioned policy and programme, including those for promoting equality of opportunity and treatment for indigenous women and on the budget allocated for them. The Government is also requested to provide information on the number of complaints filed for violations of women’s labour rights, and on the follow-up action taken. The Government is also requested to indicate to what extent women participate in the national development councils.

Statistics. Emphasizing the importance of reliable statistics that take account of gender for evaluating the impact that adopted policies have on discrimination, the Committee requests the Government to supply statistical information on the situation of women and men in the labour market and on their distribution in the different occupations, jobs and economic sectors.

Educational measures. The Committee notes the Government’s indication that 20 per cent of the active population is untrained and 65 per cent of workers have at best completed primary education. Moreover, 75 per cent of the active population are in the informal sector. In the case of women, figures stand at 78 per cent. In this regard, the Committee recalls that access to education and vocational training is of paramount importance for determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion (see General Survey on the fundamental Conventions, 2012, paragraph 750). The Committee requests the Government to send detailed information, disaggregated by sex and age, on measures taken to promote access to education and training with a view to increasing diversity in the choice of occupations, and on the impact of such measures. The Government is also requested to provide information on initiatives to increase public awareness regarding discrimination in employment and occupation on the grounds listed in the Convention.

Domestic workers. The Committee requests the Government to supply information on the employment situation of domestic workers and the legislation that protects them from discrimination. The Committee invites the Government to consider the possibility of ratifying the Domestic Workers Convention, 2011 (No. 189).

Parts III–V of the report form. The Committee requests the Government to continue to provide information on complaints of discrimination reported to the Commission on Discrimination and Racism, offences detected by the labour inspection services, penalties imposed and remedies provided.