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

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

The Committee notes the observations of the General Confederation of Workers of Guatemala (CGTG), dated 30 August 2013, indicating that, as a result of the general context of impunity, no penalties are imposed in cases of discrimination on the basis of gender, race or sex. The Committee requests the Government to provide its comments in this regard.

Discrimination based on pregnancy. For many years the Committee has been referring to the discriminatory practice of requiring pregnancy testing and dismissing pregnant women in the maquila (export processing) sector and the public administration. The Committee notes the Government’s statement that the labour inspectorate has detected 231 cases of dismissal of women due to pregnancy, which are being investigated. However, the Committee observes that the Government does not provide any information on the specific issues raised in the previous observation. The Committee requests the Government to provide information on the outcome of the cases of dismissal of pregnant women detected by the labour inspectorate. Furthermore, given that this involves a serious form of discrimination, the Committee requests the Government, in consultation with the social partners, to take urgent and concrete measures, including legislative measures, to secure effective protection for women against discrimination based on pregnancy in access to employment and retention of jobs, and against reprisals for reporting such discrimination. The Committee also requests the Government to take measures to raise awareness among judges, lawyers, labour inspectors and other bodies responsible for monitoring and enforcing the relevant provisions, and ensure appropriate sanctions are imposed and remedies provided where discrimination on the basis of pregnancy is found. The Committee requests the Government to provide detailed information on this matter.

Discrimination on grounds of race and colour. Indigenous peoples. The Committee notes the Government’s statement that, under the Mi familia progresa (progress for the family) programme, there has been an increase in the rate of school enrolment and attendance for children living in poverty, including indigenous children. As a result of the programme, there has also been an improvement in productive capacity and a reduction in the economic dependence of the beneficiaries. The Committee requests the Government to continue to adopt concrete measures in education and access to employment for indigenous peoples with a view to reducing the disparity between indigenous and non indigenous persons regarding employment, occupation and conditions of work. The Government is also requested to indicate the obstacles encountered and the budget available for the implementation of such measures.

The Committee is raising other points in a request addressed directly to the Government.