Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 11 August 2017, and of the General Union of Workers (UGT), received on 17 August 2017, both also transmitted by the Government, and the Government’s corresponding responses. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2017, which support and endorse the observations of the Spanish Confederation of Employers’ Organizations (CEOE), transmitted by the Government, and the Government’s response. The Committee notes that in its observations the CEOE makes comments of a fundamentally linguistic and terminological nature which have been included by the Government in its report.

Article 1(1)(a) of the Convention. Discrimination based on race, colour, religion and national extraction. In its previous comments, the Committee requested the Government to ensure that the necessary resources were allocated for the implementation of the action and measures envisaged under the Strategic Plan for Citizenship and Integration (PECI) 2011–14, particularly within the framework of the comprehensive strategy to combat racism, racial discrimination, xenophobia and other forms of intolerance. It also requested the Government to: (i) assess the impact of such action and measures addressing discrimination in employment and occupation against men and women on grounds of race, colour, religion and national extraction, particularly in relation to the situation of migrant workers and the Roma; and (ii) to provide information on the mapping of discrimination in Spain, which involved undertaking perception surveys and the systematic compilation of empirical and official data on complaints, violations, penalties and offences relating to discrimination, and the measures adopted as a result, the obstacles and difficulties encountered. The Committee notes the Government’s indication in its report that, in the context of the project “Map of Discrimination in Spain”, a comprehensive survey was undertaken for the first time of perceptions of discrimination in the country in 2013, and was replicated in 2016. The Government indicates that various types of measures have been adopted based on the conclusions of these surveys and that progress is being made in the systematic compilation of empirical and official data on complaints, violations, penalties and offences related to discrimination. The Committee also notes the Government’s indication concerning the publication of guides on “How to act in cases of discrimination, hate crime and intolerance” intended for citizens in general and technical personnel in social institutions and non-governmental organizations, and the various training programmes on equality and non-discrimination intended for public employees and lawyers.

The Committee notes the UGT’s indication in its observations that there is no specific budgetary allocation for the PECI and that the budget allocated for the integration of foreign nationals has been falling since 2012. The UGT adds that, although the PECI envisaged an intermediary evaluation, an external evaluation during its final stage and a final evaluation, these evaluations have not been undertaken. The UGT further adds that the Government has not indicated any intention to engage in the development of a third phase of the PECI.

The Committee also notes the reform prepared by the Spanish Observatory of Racism and Xenophobia on the “Integration of the children of immigrants in the labour market”, which finds, on the one hand, that the educational levels of the native population are significantly higher than those of the children of immigrants (61 per cent compared with 37 per cent with higher vocational training or university studies) and, on the other hand, that the existing differences in educational levels do not adequately explain the differences in the types of work obtained by the various groups, which would appear to suggest the existence of a certain level of discrimination in enterprises when selecting and recruiting young persons of foreign origin for the various types of job. The report suggests certain approaches in this regard, including the provision to young persons of permanent support and guidance services for their vocational careers and awareness-raising activities for enterprises on discrimination with a view to encouraging them to adopt mechanisms which prevent the risk of racist or xenophobic views entering into selection processes.

The Committee also notes the report “Evolution of discrimination in Spain”, dated 24 August 2018, of the Ministry of Health, Social Services and Equality, which analyses discrimination in the country on the basis of the surveys carried out in 2013 and 2016, referred to above, and brings to light the following aspects: (i) in terms of perceived discrimination, in the working environment, greater discrimination was perceived in 2016 in selection for employment positions, and particularly in access to positions of responsibility; (ii) the gypsy population still perceives itself as the group most affected by discrimination in access to employment; and (iii) in general, discrimination on ethnic or racial grounds continues to be the most widely perceived form of discrimination.

The Committee also notes the Operational Plan 2018–20 of the National Strategy for the Social Inclusion of the Gypsy Population 2012–20, available on the website of the Ministry of Health, Consumption and Social Welfare, which includes among its objectives improving the access to employment and reducing precarious work among the gypsy population and improving their vocational skills. The Committee notes that, according to the Operational Plan, the action to be taken in the next few years will be intended to: (i) promote greater participation by young and adult gypsies in employment and employability programmes; (ii) supplement employment and employability programmes for the population as a whole with specific programmes in coordination with associations representing gypsies; and (iii) make progress to improve coordination between the social services and employment services. The Committee encourages the Government to continue monitoring the evolution of discrimination in employment and occupation based on race, colour, religion and national extraction throughout the country, in collaboration with workers’ and employers’ organizations. It requests the Government to provide information on the measures adopted or envisaged as a result of the diagnostic studies undertaken, particularly in relation to the children of immigrants, migrant workers, including migrant domestic workers, the Roma, and on the measures adopted in the context of the National Strategy for the Social Inclusion of the Gypsy Population 2012–20 and their results. The Committee also requests the Government to assess the impact of the action and measures taken to address discrimination in employment and occupation based on race, colour, religion and national extraction, and to provide information on this subject.

Article 2. Equality of opportunity between men and women. In its previous observation, the Committee requested the Government to continue taking proactive measures with a view to increasing the number of enterprises adopting equality plans and to indicate whether these plans are the outcome of collective bargaining. The Committee also requested the Government to provide information on the measures adopted within the framework of the Strategic Plan for Equality of Opportunity (PEIO) 2014–16 and the Special Plan for Equality for Women and Men in the World of Work and against Wage Discrimination 2014–16, as well as on the manner in which such measures are adjusted to the present crisis situation and the impact of such measures on the promotion of equality between men and women. It further requested information on the outcome of the evaluation of the Basic Act on effective equality for women and men of 22 March 2007 (No. 3/2007). The Committee notes that the Government has provided information on calls for subsidies for the development of equality plans, through which financing was provided to 273 projects during the period 2014–16, as well as on the advisory services, awareness raising, training and citizens’ information provided for the development of enterprise equality plans, which were managed by the Women’s Institute for Equality of Opportunities (IMIO). With regard to the participation of the social partners in the preparation of these plans, the Government recalls that, under the terms of section 45(5) of Basic Act No. 3/2007, “the development and implementation of equality plans is voluntary [for enterprises with fewer than 250 workers], based on prior consultation with the legal representatives of men and women workers”. In the case of enterprises with over 250 workers, such plans have to be the subject of negotiation. The Government adds that it will provide information on the findings of the evaluation of the PEIO 2014–16 when they are available. The Committee further notes the Government’s indication that the Special Plan for Equality for Women and Men in the World of Work and against Wage Discrimination 2014–16 was not approved. With reference to the evaluation of the Basic Act No. 3/2007, the Committee notes the Government’s indication that a periodic report 2012–13 was prepared, as well as a report on the principal activities 2014–15, which show that the socio-labour situation of women is improving slowly and that higher levels of equality are being achieved in almost all areas, although there continue to be obstacles and resistance to such changes.

The Committee also notes that, according to the CCOO, despite the fact that a significant number of equality plans have been negotiated and concluded in recent years, there are still many enterprises in which the process has not been commenced. The CCOO indicates that it is difficult to know precisely the number of equality plans which have so far been signed or are under negotiation. It adds that there is resistance by enterprises to the provision of data, and particularly wage data, as a basis for assessing the situation prior to the preparation of an equality plan. The Committee further notes that, according to the CCOO, very few agreements contain affirmative action measures in relation to the recruitment and promotion of personnel. The CCOO refers to the practice identified in certain agreements of indicating that “in the event of equal skills and capacities, the person with the greatest seniority in the enterprise shall be chosen”, which benefits men, as women have tended to enter the labour market later, and also have career interruptions due to their care work. With reference to the PEIO 2014–16, the CCOO indicates that the envisaged measures are generic and imprecise and that no information has been provided on the preparation of a new plan. The CCOO recalls that the fifth final provision of the Basic Act No. 3/2007 provides that “the Government shall undertake an evaluation, with the most representative unions and employers’ associations, of the situation of collective bargaining in relation to equality, and shall examine, on the basis of the changes noted, the measures which may be appropriate”. The CCOO indicates in this respect that a report on the impact of the Act was commissioned from a university, which may be considered as a replacement for the evaluation required by the Act in the above provision. The Committee notes that in its response to the CCOO’s observations, the Government indicates that: (i) the PEIO has been implemented through specific plans, namely the Plan of Action for Equality between Men and Women in the Information Society, approved in 2014, and the Plan for the Promotion of Women in Rural Areas, approved in 2015; and (ii) the IMIO is preparing the basic priorities of a new Strategic Plan for Equality of Opportunity. With reference to the issues of occupational segregation and equality of remuneration between men and women, the Committee refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee recalls the important role played by workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation process provided for in the Convention assist in ensuring that the measures enjoy wide support and that policies are effectively implemented (2012 General Survey on the fundamental Conventions, paragraph 858). The Committee requests the Government to continue adopting proactive measures, in collaboration with the social partners, with a view to increasing the number of enterprises which adopt equality plans. The Committee also requests the Government to provide information on the findings of the evaluation of the PEIO 2014–16 and on any other measure envisaged or adopted under the PEIO with a view to promoting and guaranteeing equality of opportunity and treatment for men and women in the public and private sectors. Please also provide information on the application and impact of the new Strategic Plan for Equality of Opportunity.

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