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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations made by the Confederation of Workers of Argentina (CTA Autonomous), received on 30 September 2020, and by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 23 August 2022.

COVID-19. In reply to the observations of the CTA Autonomous on the situation of women and men domestic workers in the context of the pandemic, the Government indicates in its report that the sector was not excluded from the system of protection against dismissal and the suspension of employment relations, and that it in turn benefited from both the Emergency Family Income and the Economic Recovery, Employment Generation and Social Inclusion Programme for Women and Men Workers in Private Houses. The Committee requests the Government to provide its comments on the other observations made by workers’ organizations, which allege violations of the provisions of the Convention against migrant workers, undeclared workers, workers covered by subcontracting arrangements and workers with disabilities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee regrets to note the absence of information on the legislative initiative that was under examination and emphasizes that, for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment (2023 General Survey, Achieving gender equality at work, paragraph 113). The Committee requests the Government to provide information on any measures adopted or envisaged for the inclusion in the labour legislation or any other legislation applicable to labour relations of a clear definition of sexual harassment and the prohibition of both quid pro quo and hostile work environment sexual harassment.

Domestic workers. With reference to the measures adopted to promote the declaration of domestic workers, with a view to enabling them to exercise their rights without discrimination, the Government indicates that the Declared Women Worker Programme was implemented with the objective of promoting formality in the sector for women workers in private houses, guaranteeing their access to and maintenance in declared employment, banking unbanked workers and promoting financial inclusion with a gender and diversity perspective. The Committee refers in this regard to its comments in relation to the Domestic Workers Convention, 2011 (No. 189).

Article 2. National equality policy. The Committee notes with interest the various measures reported by the Government in relation to the promotion of equality, including: (1) the National Equality in Diversity Plan (2021–23), which has the objective of the design and implementation of a policy to guarantee equality in access to and the exercise of rights for women and persons who are lesbian, gay, bisexual, transvestite, transexual, intersex, transgender, intersex, non-binary and non-hetero identities (LGBTI+); the policy for the labour market inclusion of transvestite-trans persons which, among other measures, establishes a minimum quota of 1 per cent for transvestite, transexual and transgender workers in the public system; (3) various programmes promoted by the Coordination Support Unit for Workers with Disabilities (CATcD) which are continuing to develop the skills and competencies and promote the employment of persons with disabilities; (4) the establishment of a system of statistical gender indicators for the identification of gender inequalities in the occupational structure; and (5) the Igualar Programme, the general objective of which is to reduce structural inequality in the world of work, employment and production for women and LGBTI+ persons. The Committee requests the Government to provide information on the impact of the measures adopted including, for example, statistics on labour market participation disaggregated by sex, disability, economic sector and occupation.

National policy of equality between women and men. Occupational segregation. The Committee notes with interest the policies and measures reported by the Government in relation to the promotion of equality between women and men, including: (1) the Programme for the Promotion and Inclusion of Women in the Automotive Transport Sector, the objectives of which include guaranteeing gender equality and equality of opportunity and treatment in access to jobs; (2) the Programme to Strengthen Women’s Leadership and Sexual Diversity in Trade Unions, which seeks to offer and facilitate tools for the empowerment of women and sexual diversity in trade unions; and (3) the training of 15,570 women in online skills related to the reinforcement of vocational skills and the improvement of employability. The Committee notes the indication by the CGT RA in its observations that the gender gap in training for professionals is more common in two areas, namely information and communication technologies (ICT), in which the percentage of trained women is 1.7 per cent, compared with 8.2 per cent for men, and in engineering and manufacturing, where the percentage of trained women is 6.6 per cent, compared with 24.6 per cent for men. The Government adds that the participation of women in managerial positions is 36 per cent lower than that of men. The Committee further notes that the General Inspectorate of Justice, in General Decision No. 34/2020, provided that civil institutions and commercial companies must comply with the requirement for equal numbers of women and men in the composition of their administrative and supervisory bodies. The Committee requests the Government to provide information on any measures adopted to promote the access of women to a greater diversity of jobs and training courses, as well as to higher level positions, particularly in occupations in which men predominate and in sectors where women are less represented.

Articles 1 and 5. Prohibited work for women. The Committee notes the information provided by the Government in relation to a majority opinion adopted in August 2023 in favour of a Bill providing, among other measures, for the replacement of section 175 regulating home work without distinction as to the sex of the worker and repealing section 176 of the Employment Contract Act, which prohibits women from undertaking certain types of work. The Committee emphasizes in this regard that blanket limitations on work aimed at protecting women generally because of their sex or gender are based on stereotypical perceptions about their capabilities and appropriate role in society and are contrary to the Convention (2023 General Survey, Achieving gender equality at work, paragraphs 83–93). The Committee requests the Government to provide information on progress and the eventual adoption of the Bill or other legal initiatives to address the subject.

Application in practice. The Committee welcomes the Government’s indication concerning the establishment of the Social Dialogue Commission on the Future of Work, the objective of which is to function as a national body bringing together the social partners and the Government for the appropriate implementation of ILO Conventions. The Committee also welcomes the implementation of the Project for the Federalization of International Labour Relations, the objectives of which include the implementation of international labour standards. The Committee notes this information.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Protection against discrimination. The Committee notes the information provided by the Government in relation to the majority opinion adopted in August 2023 supporting a Bill which provides, among other measures, for the amendment of section 172 of the Employment Contract Act to prohibit discriminatory treatment in respect of income, inclusion and promotion of workers on grounds of sex, sexual characteristics, gender, gender identity and expression, sexual orientation, parental responsibility or family responsibilities. The Committee requests the Government to provide information on progress in the adoption of the above Bill.

Indigenous peoples. With reference to the adoption of measures to guarantee equality of opportunity and treatment in employment and occupation for both indigenous men and women, the Government indicates that: (1) labour skills training has been provided to the indigenous population through the Training and Employment Insurance Scheme and the More and Better Youth Employment Programme; (2) the National Afro-descendancy and Human Rights Programme has been implemented, which ensures the access to public policies of the Afro-Argentinian, Afro-descendent and African population; and (3) various vocational capacity building activities and training courses have been organized for the learning of trades by indigenous persons. With reference to assistance to victims of discrimination, the Government indicates that the responsible body is the National Institute to Combat Discrimination, Xenophobia and Racism (INADI). In this regard, the Committee notes that, according to the report on the complaints received by the INADI in 2008–19, the complaints for discrimination against indigenous peoples represented 0.3 per cent of all the complaints received in 2018 and 2019. The Committee requests the Government to provide information on: (i) the specific measures adopted within the context of the National Afro-descendancy and Human Rights Programme to promote equality of opportunity and treatment in employment and occupation for indigenous men and women; and (ii) the impact of the measures adopted (for example, statistics on the labour market participation of indigenous workers, disaggregated by economic sector and sex). The Committee also refers to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations made by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 23 August 2022, highlighting the lack of coherence and coordination among the different measures to promote the employment of groups in vulnerable situations, and the limited impact of vocational training policies on access to quality jobs.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

COVID-19. The Committee notes the observations of the Confederation of Workers of Argentina (CTA Autonomous) received on 30 September 2020, alleging that in the context of the COVID-19 pandemic, domestic workers, a group in a situation of high vulnerability with regard to their rights, do not have access to the leave, benefits and protection established by the Government, including protection against dismissal and suspension of their contract of employment. The CTA Autonomous also alleges violations of the Convention affecting migrant, unregistered and outsourced workers and workers with disabilities.The Committee requests the Government to send its comments regarding these observations and in response to its previous comments.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

COVID-19. The Committee notes the observations of the Confederation of Workers of Argentina (CTA Autonomous) received on 30 September 2020, alleging that in the context of the COVID-19 pandemic, domestic workers, a group in a situation of high vulnerability with regard to their rights, do not have access to the leave, benefits and protection established by the Government, including protection against dismissal and suspension of their contract of employment. The CTA Autonomous also alleges violations of the Convention affecting migrant, unregistered and outsourced workers and workers with disabilities. The Committee requests the Government to send its comments regarding these observations and in response to its previous comments.

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace (OAVL), particularly on new training and prevention activities and on the preparation of an instrument for measuring workplace violence, and also information on action taken in response to complaints of violence in the workplace, including sanctions imposed and compensation awarded. The Committee also requested the Government to continue providing statistical information on complaints lodged regarding workplace or sexual harassment, disaggregated by grounds of discrimination, and to indicate the status of the preparation of the draft legislation on workplace harassment and to provide information on the national and regional legal provisions that regulate sexual harassment in both the public and private sectors. The Committee notes the extensive information provided by the Government on the various actions taken by the OAVL, which include: training activities for the trade union members participating in the Inter-Union Network for prevention and intervention in situations of workplace violence; dissemination activities of tools to identify and recognize situations of workplace violence and intervention mechanisms; training activities for the human resources staff and legal advisers of the enterprises which signed up to the “commitment to decent work without violence”; cooperation with the National Statistics and Census Institute (INDEC) to establish a single register of cases of violence against women; and the production of several tools and manuals on workplace violence and its prevention, among others. Regarding the instrument for measuring workplace violence, the Government reports that the OAVL has developed a record containing the data that would enable the development of the necessary variables to understand the issue, currently limited to the Buenos Aires metropolitan area, although the development of an instrument and a methodology covering the country’s various regions is envisaged with a view to objectively understanding the manifestations of violence in the workplace throughout the country and, consequently, formulating more effective public policies for the eradication of the phenomenon. The Committee also duly notes the statistical information provided by the Government in relation to the complaints of sexual harassment received and particularly notes the analysis of the variables that “trigger” workplace violence, from which it was deduced that labour claims, whether regarding working conditions, overtime hours or wage issues, trigger workplace violence; when the triggers for women were analysed, it was found that pregnancy was the principal trigger. The Committee also notes the Government’s indication that the Directorate for Equality of Opportunity between Men and Women of the Ministry of Labour and Social Security (MTEySS) envisages action regarding leave due to gender-based violence and the prevention of violence and harassment in the workplace, including the promotion of the inclusion of such leave in collective labour agreements, within the framework of the National Plan of Action for the Prevention, Care and Eradication of Violence against Women. The Committee also notes the examples of clauses on “the eradication of violence in the workplace” agreed during collective bargaining facilitated by the Government. Regarding legislative developments on the issue of sexual harassment, the Committee notes the Government’s indication that the OAVL has established a committee on workplace violence legislation in collaboration with the Inter-Union Network in order to take part in the debates on the bills presented, contribute to the conceptual basis and drafting of legislation and mobilize its implementation. The Committee also takes due note of the list of relevant regional legislation in force. The Committee also notes that the approval of a national law on sexual harassment is one of the objectives included in the National Plan of Action for the Prevention, Care and Elimination of Violence against Women 2017–19. The Committee requests the Government to report any developments in the formulation and adoption of a national law on sexual harassment and to continue providing information on the activities of the OAVL, including the development of an instrument for measuring workplace violence, the analysis of complaints and their trigger factors and the follow-up action taken or envisaged.

Domestic workers. In its previous observation, the Committee noted that 89 per cent of domestic workers are not registered, and are consequently not covered by Act No. 26844 of 13 March 2013 concerning staff in private households, which partly places domestic workers on an equal footing with other workers covered by the Employment Contract Act with regard to leave, compensation, family allowances, protection against occupational accidents, notice periods and holidays, and it requested the Government to continue providing information on any other measures taken to promote the registration of men and women domestic workers to ensure that they can exercise their rights without discrimination and on an equal footing with other workers. The Committee notes the Government’s indication that the Public Revenue Tax Administration (AFIP) conducts campaigns to promote the registration of domestic workers. The Government also indicates that the National Institute to Combat Discrimination, Xenophobia and Racism (INADI) carries out awareness-raising and dissemination activities on the contents of Act No. 26844. The Committee requests the Government to continue providing information on any measures adopted to promote the registration of men and women domestic workers to ensure that they can exercise their rights without discrimination.

Article 2. National policy of equality between men and women. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the various institutions that exist to promote equality of opportunity between men and women, including information on the results achieved and statistics showing trends in the participation of men and women in the labour market, disaggregated by sex, sector of activity, and occupational level in particular decision-making positions. The Committee also requested the Government to provide information on the legislative status of the draft Bill on non-discrimination and effective equality between women and men in decision-making positions in enterprises, to which it referred in its previous comments. The Committee notes the statistical information on the labour participation of men and women, to which it refers in its comments on the Equal Remuneration Convention, 1951 (No. 100). The Committee also notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the low labour force participation rate of women, who perform unpaid family care work, and the low representation of women in senior positions in several sectors, particularly in the justice and private sectors (E/C.12/ARG/CO/4, 1 November 2018, paragraph 28). Regarding the issue of the reconciliation of work with private and family life, the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee once again requests the Government to provide information on the measures adopted by the various institutions that exist to promote equality of opportunity between men and women, including information on the results achieved and statistics to facilitate an evaluation of the progress made.

Articles 1 and 5. Prohibited work for women. The Committee recalls that in its previous comments it referred to section 176 of the Employment Contract Act, which prohibits the employment of women in work of an arduous, hazardous or insalubrious nature and provides that regulations shall determine which industries are covered by this prohibition, and it requested the Government to provide information on the list of types of work that have been prohibited for women. The Committee notes that the Bill on gender equity (INLEG-2018-10434057-APN-PTE), which was submitted to Congress in March 2018, provides for the following amendment to section 176 of the Employment Contract Act: “full gender equality is assumed in protection with regard to the supervision of work that may be of an arduous, hazardous or insalubrious nature, except in cases in which, for exceptional and objective reasons, the legislation determines it to be restricted or prohibited for women”. The Committee recalls that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. In this regard, the Committee wishes to emphasize that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those based on stereotypical perceptions about the occupational capabilities and role in society of women, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation and constitute obstacles to the recruitment and employment of women. The provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine which other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraphs 838–840). The Committee requests the Government to provide information on any progress made in the adoption of the amendment to section 176 of the Employment Contract Act and to provide information on the list of types of work prohibited for women under the legislation currently in force.

Application in practice. The Committee notes the Government’s indication in its report that it plans to establish a committee to address the issues raised by the ILO supervisory system. The Committee expresses the hope that, within the context of this committee, the constituents will identify the appropriate manner in which to address the issues raised in relation to the application of the Convention. The Committee requests the Government to provide information on any progress made in this respect.

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

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 31 August 2018, in which the CGT RA: notes the need for a national public policy covering all the grounds of discrimination set out in the Convention; refers to the working conditions of migrant workers, particularly women migrants engaged in domestic service and the textile sector; hopes to receive further information on the employment programmes implemented by the Ministry of Labour, Employment and Social Security (MTEySS) in order to monitor those programmes with a view to ensuring that there is no discrimination against, for example, the migrant population and indigenous peoples; and notes the possibility of improving the legislation in force applicable to migrant workers in an irregular situation.

The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2018, indicating that: (i) although the right to not suffer discrimination and receive equal treatment is enshrined in the national legal system, practice shows that this is not sufficient and, consequently, adequate supervisory measures and mechanisms are needed to ensure effective compliance with legislation and guarantee the right to equality of persons with disabilities, women and the most vulnerable groups, in particular with respect to access to employment and more senior posts, and equal remuneration; (ii) affirmative action measures are needed to guarantee the genuine enjoyment of rights; (iii) the austerity measures adopted by the Government have directly and indirectly affected workers with disabilities, 90 per cent of whom are unemployed, and there is a lack of vocational training and the necessary support to allow persons with disabilities to enter the labour market; and (iv) gender equality has not been achieved in enterprises and the country’s gender equity model should cover areas such as employee selection, promotion and training, vocational development, the reconciliation of work and family life, sexual harassment and the working environment.

The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2018.

The Committee requests the Government to provide its comments on the observations made by the trade unions.

Legislation. The Committee notes that the Government refers in its report to the draft Gender Equality Bill (INLEG-2018-10434057-APN-PTE), which was submitted to Congress in March 2018. The Committee notes that this Bill is designed to amend the Employment Contracts Act and, more specifically, sections 172, 173, 175 and 176 on gender equity and equality of opportunity, providing, among others, that: (i) gender equity and equality of opportunity shall be guaranteed in all aspects of working life (section 172); and (ii) workers, regardless of gender, may opt to perform work assigned by their employer outside the workplace, and may provide services via telework or distance work (section 175). The Committee also notes that the draft Bill provides for the development of codes of conduct for employers or their adhesion to a code of conduct with a view to guaranteeing gender equality within the enterprise (section 2); provides that trade unions shall adopt statutory rules to guarantee respect for gender equality within their organizations (section 3); and provides that the parties to collective labour agreements shall adopt the relevant clauses to guarantee gender equality and the application of these agreements (section 4). The Committee welcomes this legislative initiative and requests the Government to report any developments in this respect.

Regarding the provisions on equal remuneration and the reconciliation of work and private and family life, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156).

Article 1 of the Convention. Protection against discrimination. In its previous observation, the Committee requested the Government to continue providing information on the implementation in practice of the measures taken pursuant to general Recommendation No. 6 of 2009 (promotion of equal treatment in access to employment without discrimination based on age, physical appearance, social origin, nationality and disability) of the National Institute to Combat Discrimination, Xenophobia and Racism (INADI), aimed at promoting equal treatment in access to employment. The Committee also requested the Government: (i) to provide information on the application in practice of the new section 73 of the Employment Contract Act which, following the adoption of Act No. 26.911 of 13 December 2013, prohibits the employer “at the time of recruitment, during the contract or with a view to the termination thereof, to conduct any kind of inquiry, research or investigation into the political, religious, trade union or cultural views or sexual orientation of the worker”, and on any complaints concerning the application of the Convention; and (ii) to indicate which specific measures have been adopted with a view to guaranteeing adequate protection against discrimination on all the grounds provided for in the Convention, in relation to access to employment, during the employment and upon its termination.

The Committee notes the Government’s indication that INADI plans to produce a report on discrimination in access to employment with the aim of updating general Recommendation No. 6 of 2009 and is continuing to conduct training and awareness-raising activities for members of the business, trade union and public sectors. Regarding complaints presented in relation to section 73 of the Employment Contracts Act, the Committee notes the Government’s indication that 207 and 153 complaints were received regarding cases of discrimination on the grounds of ethnicity, religion, sexual orientation and nationality, inter alia, in 2016 and 2017, respectively. The Government also reports that INADI has issued several non-binding opinions, in which it expressed its views on whether there had been discriminatory behaviour and, where necessary, made the relevant recommendations, in addition to proposing its good offices or conciliation, resolving 96 cases between 2016 and 2017. The Committee requests the Government to continue providing information on the specific measures adopted with a view to guaranteeing adequate protection against discrimination on all the grounds set out in the Convention and on the complaints received and their outcome. The Committee also requests the Government to provide information on the results of the study into discrimination in access to employment conducted by INADI and any follow-up actions taken and their outcomes.

Article 2. National equality policy. In its previous observation, the Committee requested the Government: (i) to provide information on any developments concerning the adoption of a national equality policy covering at least all the grounds of discrimination set out in the Convention in addition to other criteria established in the national legislation, such as disability; (ii) to provide information, pursuant to Article 3(f) of the Convention, on the specific measures taken to implement the principle of equality and non-discrimination in employment and occupation; (iii) to continue providing information on the action taken by INADI in response to complaints of discrimination in employment, disaggregated by grounds of discrimination, including any penalties imposed and compensation awarded; and (iv) to provide information on the implementation in practice of Ministerial Decision No. 270/2015, which prohibits HIV testing in the pre-employment examination. The Committee notes the Government’s indication that INADI is preparing a publication to raise the awareness of the population of the barriers faced by persons with HIV in accessing the world of work and is developing training programmes with networks of enterprises regarding the prohibition on conducting pre-employment HIV testing. The Committee recalls that, while the relative importance of the issues related to each of the prohibited grounds of discrimination set out in the Convention may vary from one country to another, when examining the situation and deciding the measures to be adopted, it is essential to take into account all the grounds in the application of the national policy. The Committee once again requests the Government to provide information on any developments concerning the adoption of a national equality policy covering at least all the grounds of discrimination set out in the Convention in addition to other criteria established in the national legislation, such as disability. The Committee also requests the Government to evaluate the results achieved through the application of the national equality policy and to provide information in that respect. Please also continue providing information on the implementation in practice of Ministerial Decision No. 270/2015, which prohibits HIV testing in the pre-employment examination.

Indigenous peoples. The Committee recalls that in its previous observation it referred to the signature on 19 November 2013 of a framework cooperation agreement between the MTEySS and INADI, the goal of which is to ensure and promote the right to equal opportunity and treatment in access to employment and to establish cooperation mechanisms to remove discrimination on various grounds, especially towards indigenous peoples. The Government also reports on the adoption by INADI and the Secretariat of Employment of the “Safeguarding indigenous peoples” initiative, the objective of which is to raise the awareness of officials in employment offices and vocational training institutions regarding non-discrimination towards indigenous peoples in access to employment and training. The Committee therefore requested the Government: (i) to provide information on the results achieved through these measures and to continue taking steps to increase the vocational training and guidance opportunities for indigenous peoples and to promote their access to employment and occupation on an equal footing with other workers; and (ii) to provide statistical information, disaggregated by sex, on the participation of indigenous workers in the labour market. The Committee notes the Government’s indication that INADI participated in the Inter-ministerial Roundtable for Indigenous Peoples (MIMPI), through which action lines were proposed to enhance the inclusion of indigenous men and women in state public policies. The Government also indicates that various information materials have been published on the rights of indigenous peoples in order to raise awareness and eradicate structural discrimination against them. The Committee also notes the Government’s indication of complaints related to the discrimination suffered by indigenous men and women and notes that, in 2016 and 2017, respectively two and ten complaints from indigenous persons were received. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870).

The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern about the persistent structural discrimination against indigenous peoples; the difficulties faced by members of indigenous peoples in gaining access to the formal labour market and their concentration in work that does not allow them to gain access to fundamental labour rights (CERD/C/ARG/CO/21-23, 11 January 2017, paragraphs 6 and 31). The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the fact that indigenous women face intersecting forms of discrimination in the country, based on their ethnic origin and social status, in addition to racial hatred, violence, poverty and marginalization (CEDAW/C/ARG/CO/7, 25 November 2016, paragraph 40). The Committee requests the Government to continue taking proactive measures with a view to guaranteeing equality of opportunity and treatment in employment and occupation for indigenous men and women, including measures designed to guarantee their access to the material goods and services necessary to take up an occupation on an equal footing with other sectors of the population, and to provide information on their impact on the application of the Convention and any obstacles encountered. The Committee also requests the Government to provide statistical information on the participation of indigenous workers in the labour market, disaggregated by sex. The Committee also requests the Government to provide information on any measures adopted or envisaged with a view to examining whether the existing substantive provisions and procedures allow in practice indigenous peoples and their members to lodge and proceed with complaints and on the obstacles and difficulties encountered, and requests the Government to continue providing information on the number of complaints of discrimination lodged, their nature and outcome.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s communications, received on 21 May and 10 June 2013, in reply to the observations of the Confederation of Workers of Argentina (CTA) dated 31 August and 7 September 2012, and the observations of the General Confederation of Labour (CGT RA) dated 21 September 2012. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 4 September 2015, and the observations of the CGT RA, received on 22 September 2015, and also the Government’s reply.

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the activities of the Advisory Office on Violence in the Workplace (OAVL), particularly prevention activities and action taken in response to complaints of sexual harassment. The Committee notes that the Government provides information on the activities of the OAVL, including: consultations and actions in response to complaints regarding violence in the workplace; dissemination and training activities; the formulation of an instrument for measuring workplace violence in conjunction with the National Institute of Statistics and Censuses (INDEC); and the signature of a “Pledge of commitment to decent work without violence in the workplace” by 72 employers’ organizations and 71 workers’ organizations, under which specific focal areas were established for trade unions, the subject of workplace violence was included in collective agreements, dissemination and prevention strategies were implemented, and the commitment was made to contribute to OAVL investigations and statistical studies. The Committee also notes that the OAVL has been consulted regarding the preparation of draft national legislation on the subject. The Committee requests the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace, particularly on new training and prevention activities and on the preparation of an instrument for measuring workplace violence, and also information on action taken in response to complaints of violence in the workplace, including sanctions imposed and compensation awarded. The Committee also requests the Government to continue providing statistical information on complaints submitted regarding workplace or sexual harassment, disaggregated by ground of discrimination. The Committee further requests the Government to indicate the status of the preparation of the draft legislation on workplace harassment and to provide information on the national and provincial legal provisions that regulate sexual harassment in both the public and private sectors.

Article 2. National policy on gender equality. In its previous comments, the Committee asked the Government to provide statistical information on the participation of women in the labour market by sector of activity and level of remuneration, and also on the practical impact of the measures taken as part of various public and private initiatives designed to achieve gender equality. The Committee notes that the CTA Autonomous indicates that the measures taken by the Government in relation to the certification of enterprises that have adopted pro-gender equality measures have been insufficient. The Committee notes that according to the report of the Coordinating Office for Gender Equity and Equal Opportunities (CEGIO), sent by the Government, information has been published to raise awareness of collective bargaining as an instrument to promote gender equality and trade union training workshops have been held as part of the “Inter-union commitment to sexual diversity”. The Government also indicates that in 2014 a total of 7 per cent of collective agreements incorporated gender equity clauses. The Committee also notes the activities carried out by the Ministry of Labour in conjunction with the National Institute against Discrimination, Xenophobia and Racism (INADI), including: training with gender mainstreaming for workers at the Ministry of Labour in 2014 and 2015, and of workers at employment offices and agencies; training and awareness-raising activities in various localities as part of the “New skills for women” programme; the adoption of a new line of action called “Diversity management in the world of work”, under which the “Network of non-governmental entities” was introduced in 20 enterprises, and the preparation of a “Discrimination map”, showing statistics of discrimination throughout the country. In particular, work is being done on the placement of workers in non-traditional jobs, on the “glass ceiling” phenomenon, and on the need to promote action on the sharing of family responsibilities between men and women, and also the establishment of policies for achieving a work–life balance. The Government also indicates that 46 per cent of participants in the “Argentina at work” cooperatives programme are women. The Government further indicates that, in the context of the Tripartite Committee on Equality of Opportunities and Treatment (CTIO), meetings have been held between women representatives of workers’ and employers’ organizations and non-governmental organizations, which have included the sharing of family responsibilities as a topic in collective bargaining. Lastly, the Committee notes the statistical information provided by the Government and refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue providing information on the steps taken through the various existing institutions to promote equal opportunities for men and women, including information on the results achieved, and also statistical information enabling the identification of trends in the participation of men and women in the labour market, disaggregated by sex, sector of activity and level of occupation. The Committee also requests the Government to provide information on any legislative developments regarding the bill to achieve non discrimination and effective equality between women and men in decision making circles in enterprises, as referred to in its previous comments.

Prohibited work for women. The Committee observes that section 176 of the Employment Contract Act prohibits the employment of women in work of an arduous, hazardous or insalubrious nature and provides that regulations shall determine which industries are covered by this prohibition. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee requests the Government to provide information on the list of types of work that have been prohibited for women.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s communications, received on 21 May 2013 and 10 June 2013, in reply to the observations of the Confederation of Workers of Argentina (CTA) dated 31 August and 7 September 2012, and the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) dated 21 September 2012. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2015, and the observations of the CGT RA, received on 2 September 2015, and also the Government’s reply.

Article 1 of the Convention. Protection against discrimination. In its previous comments, the Committee asked the Government to provide information on the legislative process relating to the “bill against discrimination in job vacancies” and on the implementation in practice of General Recommendation No. 6 of 2009 of the National Institute against Discrimination, Xenophobia and Racism (INADI), aimed at promoting equal treatment in access to employment. However, the Committee observes that the Government has not provided specific details of the “bill against discrimination in job vacancies”. The Committee notes the Government’s indication that, in the context of INADI General Recommendation No. 6, training has been developed to identify discriminatory requirements in job vacancies and staff recruitment and as a result it has been possible to observe that discrimination on the basis of gender persists in job vacancies. The Committee notes with interest the adoption of Act No. 26.911 of 13 December 2013 amending section 73 of the Employment Contract Act concerning freedom of expression and prohibiting the employer “at the time of recruitment, during the contract or with a view to the termination thereof, to conduct any kind of inquiry or investigation into the political, religious, trade union or cultural views or sexual orientation of the worker”, thereby extending the scope of protection regarding access to employment and the validity of the contract. The Committee requests the Government to continue providing information on the implementation in practice of the measures adopted in the context of INADI General Recommendation No. 6 with a view to ensuring the equality of all workers in access to employment. The Committee also requests the Government to provide information on the application in practice of new section 73 of the Employment Contract Act and on any complaints made in relation to it. The Committee further requests the Government to indicate the specific measures taken to ensure adequate protection against discrimination on all the grounds covered by the Convention, at the time of access to employment, during the employment contract and at the time of its termination.

Article 2. National equality policy. In its previous comments, the Committee asked the Government to indicate whether there is a national equality policy that covers all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee notes that the CGT RA refers in its observations to the formulation by the Government of a national plan against discrimination, coordinated by INADI. The Committee notes the information supplied by the Government concerning the measures for the integration of workers at particular risk of discrimination, such as: the placement of persons with disabilities in public sector jobs; the promotion of employment for persons with disabilities in the private sector; and the regularization of the situation of unregistered workers. Moreover, the Committee notes the Government’s reference to the adoption of Ministerial Decision No. 270/2015, which prohibits HIV testing in the pre-employment examination. Moreover, in 2013 and 2014 in the context of INADI, 57 complaints were settled through conciliation between the parties, 159 through rapid handling of the dispute and 213 through a decision on the merits of the case (it was established that there was discrimination in 72 cases, that there was none in 68 cases, and that discrimination could not be proven in 73 cases). The Committee requests the Government to provide information on any developments concerning the adoption of a national equality policy covering at least all the grounds of discrimination enumerated in the Convention in addition to other factors established in the national legislation, such as disability. The Committee also requests the Government, pursuant to Article 3(f) of the Convention, to provide information on the specific measures taken to implement the principle of equality and non-discrimination in employment and occupation. The Committee further requests the Government to continue providing information on the action taken by INADI in response to complaints of discrimination in employment, disaggregated by ground of discrimination, including any penalties imposed and compensation awarded. The Committee also requests the Government to provide information on the implementation in practice of Ministerial Decision No. 270/2015.

Indigenous peoples. In its previous comments, the Committee asked the Government to send information on the implementation in practice of the Indigenous Peoples Planning Framework (MPPI) and on the employment situation and income of indigenous peoples, compared to those of the non-indigenous population. The Committee notes the Government’s statement that in the context of the MPPI various actions have been taken to improve employment opportunities for indigenous workers, including vocational guidance and training activities. However, the Government indicates that the geographical dispersion of communities and the persistence of discriminatory attitudes on the part of those responsible in the public and private sectors obstruct the access of indigenous peoples to vocational guidance and training projects and programmes, which increases the precariousness of their employment situation and segregates them into low-productivity occupations or unemployment. The Government also reports on the signature on 19 November 2013 of a framework cooperation agreement between the Ministry of Labour, Employment and Social Security and INADI, the goal of which is to ensure and promote the right to equal opportunity and treatment in access to employment and to establish cooperation mechanisms to remove discrimination on various grounds, especially towards indigenous peoples. The Government also reports on the adoption by INADI and the Secretariat of Employment of the “Safeguarding indigenous peoples” joint initiative, whose objective is to raise the awareness of agents at employment offices and vocational training institutions regarding non-discrimination towards indigenous peoples in access to employment and occupation. The Committee requests the Government to provide information on the results achieved through these measures and to continue taking steps to enhance vocational training and guidance opportunities for indigenous peoples and to promote access for them to employment and occupation on terms of equality with other workers. The Committee requests the Government to provide statistical information disaggregated by sex on the participation of indigenous workers in the labour market.

Domestic workers. In its previous comments, the Committee asked the Government to provide information on the draft legislation relating to domestic workers. The Committee notes with interest the ratification of the Domestic Workers Convention, 2011 (No. 189), and the adoption of Act No. 26.844 of 13 March 2013 concerning staff in private households, which partly makes provision for domestic workers and other workers covered by the Employment Contract Act as regards leave, compensation, family allowances, protection from occupational accidents, notice periods and holidays. The Committee notes the Government’s statement on awareness-raising workshops for employers and workers, resulting in the registration of 413,476 workers in the sector. However, the Committee notes the statements by the CTA Autonomous that: there are 1,200,000 domestic workers, most of them women and children, migrants, indigenous persons and undocumented individuals, who continue to be in a highly vulnerable situation; 89 per cent of workers in domestic service are not registered, and consequently not covered by the new legislation; domestic workers are not paid the minimum wage and not covered by the same leave regulations as other workers. The Committee requests the Government to continue providing information on any other measures taken to promote the registration of domestic workers (men and women) to ensure that these workers can exercise their rights without discrimination and under conditions of equality with other workers.

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

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

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.

...

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.

...

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.

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

The Committee notes the Government’s communications of 13 March and 11 and 25 June 2012 replying to comments made on 31 August 2011 by the Confederation of Workers of Argentina (CTA) and the General Confederation of Labour (CGT), which the Committee noted in its previous observation. The Committee further notes the CTA’s comments received on 31 August and 7 September 2012 and those of the CGT received on 21 September 2012, and asks the Government to send its observations thereon.

Equality between men and women. The Committee notes that in its observations, the CTA refers to delay in the adoption of specific legislation to address discrimination in access to employment. The Committee notes that, according to the Government, the National Institute Against Discrimination, Xenophobia and Racism (INADI) is implementing the programme “State consensus against gender discrimination” in various provinces and municipalities, and as part of the programme participatory assemblies are held and a pilot action plan is to be developed for the coordination of local policies in order to eliminate discrimination against women in a number of fields, including at work, in four provinces. The Government also refers to activities conducted by the Tripartite Committee on Equality of Opportunities and Treatment (CTIO) and the Coordinator of Gender Equity and Equal Opportunities at Work (CEGIOT), whose activities include training for women in non-traditional jobs within the framework of the “Programme on New Skills for Women”, promoting the participation of women in negotiating bodies and the balancing of family responsibilities and work. The CTIO also participates in the Internal Commission of the Minister of Labour and Social Security to discuss the labour contracts law and the amendments concerning the issue of reconciling work and family responsibilities. The Government also states that a CTIO scheme is to be established in provinces and municipalities. The Government attaches an INADI report giving an account of the activities and programmes under way, such as the Programme for Parity at Work, the Enterprise Network Programme and the Programme on Good Practices in Public Employment. Pointing out that access to information on the practical effects of the measures taken by the Government at national, provincial and municipal level is important because such data allow an evaluation of the extent to which the measures contribute to equality between men and women in access to work and career development, the Committee requests the Government to send statistical information on the participation of men and of women in the labour market by sector of activity and level of remuneration. It also asks the Government to continue to provide information on the Ministry of Labour and Social Security’s Coordinator of Gender Equity and Equal Opportunities at Work (CEGIOT), the Committee for Work with Equal Opportunities (CTIO) and the National Institute against Discrimination, Xenophobia and Racism (INADI), and in particular the programme “State consensus against gender discrimination”.

National equality policy. The Committee recalls that in its comments, the CGT referred to the lack of any national policy on equality of opportunity and treatment in employment with respect to grounds other than sex. The Committee notes that according to the comments submitted by the CTA, the activities carried out by INADI and the CTIO are not sufficient to secure the mainstreaming of gender equality issues in public policies. The CTA adds that it is important to set up mechanisms to ensure full compliance with standards. The Committee notes that in its report, INADI refers to complaints received for discrimination in employment on various grounds, including social status, disability, HIV status, religion and political opinion. The Committee notes the confirmation of a working group within the Directorate for the Promotion and Development of Non-discriminatory Practices to promote the rights of the groups that have been, historically, most vulnerable. The Committee requests the Government to report on INADI’s treatment of the complaints of discrimination in employment. It also asks the Government to indicate whether there is a national equality policy that covers all the grounds of discrimination set out at Article 1(1)(a) of the Convention, and to send information on any other measures adopted to address discrimination on these grounds.

Domestic workers. The Committee notes that in its observations, the CTA reiterates that most domestic workers are not registered and under the legislation in force have less protection than other workers in terms of hours of work, leave, holidays, etc. The Committee also notes that there is a Bill on workers in private houses. It notes that according to the Government, the Bill is currently under examination by the Senate. A draft law regarding the ratification of the Domestic Workers Convention, 2011 (No. 189), has also been presented in Congress. The Government also refers to Resolution No. 876/2006, the aim of which is to improve the employability of domestic workers by promoting professionalization of their job and providing them with skills to improve their access to the labour market. With this in mind, agreements are being concluded with educational institutions that provide training for domestic workers. In the period 2007–10, training was provided for 7,150 persons. The CTIO has carried out a study on domestic work with the aim of analysing problems faced by the sector and improving the conditions of the workers. The Committee recalls its previous comments noting that the majority of the domestic workers, both national and foreign, are women. The Committee requests the Government to continue to report on the passage through Parliament of the Bill on workers in private houses drafted by the Ministry of Labour and Social Security, and on the implementation of Resolution No. 876/2006 and on any other measures that seek to protect domestic workers and improve their training so as to increase and diversify their job opportunities.

Workers with disabilities. The Committee notes that according to the Government, Act No. 25689 of 2003 provides for a number of possible mechanisms to ensure the inclusion of persons with disabilities in the public sector. Furthermore, section 8 of Act No. 22431 to amend Act No. 25689, establishes an obligation to incorporate persons with disabilities in the three powers of the State and in decentralized public bodies in a proportion of not less than 4 per cent. Under Decree No. 312 of 2 March 2010, various measures were taken in order to register the positions covered by persons with disabilities. The decree also lays down an obligation to set up a register of applicants’ profiles and provides for monitoring in institutions in order to guard against discrimination in public bodies. Furthermore, posts are to be set aside for occupation solely by persons with disabilities. The Committee requests the Government to send information on the number of persons with disabilities actually employed in the public sector, specifying the bodies in which they work. Please also provide information on the measures taken to promote the employment of persons with disabilities in the private sector together with statistical information on the number of such persons actually employed in this sector.

Unregistered workers. The Committee notes that according to the CTA, there is no real monitoring of the situation of unregistered workers as a group that is more vulnerable, inter alia in terms of social protection and equal remuneration. The Committee points out that in its previous comments it asked the Government to provide information on the effects of Act No. 26476 of 2008 and the Employment Regularization Plan and similar measures adopted by the Government to promote the regularization of unregistered workers with a view to reducing their vulnerability and improving their conditions of work. The Committee notes the information from the Government to the effect that the ratio of unregistered workers was 49.9 per cent in 2003 and fell to 36 per cent in 2010. Unregistered work among women posted a drop of 18 per cent. The Government further provides information on the launching of “Digital Work Registration” which should allow a better control of unregistered workers. The Committee requests the Government to continue to provide information on the measures taken to regularize unregistered workers and on the impact of these measures on their working conditions.

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

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

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.

...

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.

...

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.

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

The Committee notes the observations of the General Confederation of Labour (CGT) of 31 August 2011, which refer to the lack of national policies on equality of opportunity and treatment in employment, with the exception of policies relating to gender equality and the integration of workers with disabilities. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA) of 31 August 2011, referring to the precarious situation of domestic workers and unregistered workers, as well as various legal provisions which establish the requirement to be of Argentinean nationality to gain access to employment. The Committee requests the Government to provide its observations in this regard.

Equality between men and women. The Committee notes the Government’s indication that the National Women’s Council works jointly with ministries and enforcement agencies in the field of labour. The Government also refers to the Social Insurance Inclusion Plan (Decree No. 1454/2005), under which retirement pensions were introduced for housewives, from which 1,219,000 women have benefited up to now, and the Universal Child Allowance, which has a direct impact on women, including those who are pregnant from the 12th week of pregnancy. However, the Committee observes that the Government has not provided information on the matters raised in its previous observation. The Committee requests the Government to provide information on the impact in practice of the framework agreement “Social dialogue for equality of treatment and opportunities for women and men in the working environment”, and the activities undertaken by the Coordination Unit for Gender Equity and Equality of the Ministry of Labour and Social Security. The Committee also requests the Government to provide information on the progress achieved in reducing the remuneration gap between men and women, and on the differences that exist between men and women in terms of career and employment opportunities, including in non-traditional sectors.

Domestic workers. The Committee notes the CTA’s indication in its comments that most domestic workers are not registered, have lower levels of protection than other workers, work longer hours and have far fewer hours of weekly rest. The Committee notes the Government’s indication that the Bill on workers in private households prepared by the Ministry of Labour and Social Security has been approved by the Chamber of Deputies and is currently being examined by the Senate. The Bill envisages placing workers in the sector (98.5 per cent of whom are women) under equal conditions with other workers so that they can benefit from maternity leave, employment stability, family allowances and coverage for employment accidents. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on any progress in this respect. The Committee also draws the attention of the Government to the recently adopted Domestic Workers Convention, 2011 (No. 189) and Recommendation No. 201.

Undocumented workers. The Committee asks the Government to provide information on the impact in practice of Act No. 26476 of December 2008 establishing procedures for the regularization of employment relations and the promotion and protection of registered employment, and of the Employment Regularization Plan and the other measures adopted by the Government to promote the regularization of unregistered workers with a view to reducing their vulnerability and improving their conditions of work.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Gender equality. According to the Government, despite the fact that there is a high participation level by women in the labour market, their presence decreases at higher levels of responsibility, including in those industrial sectors in which they are most numerous. The Committee notes the Bill on non-discrimination and effective equality between men and women in decision-making in enterprises. The Bill provides that there can be no more than 60 per cent of persons of the same sex in bodies engaged in administration, representation, internal supervision and company auditing. The Committee requests the Government to provide information on the progress made in the adoption of the Bill and the mechanisms envisaged to monitor its application in practice.

The Committee notes the information provided on the action carried out by the National Institute against Discrimination, Xenophobia and Racism (INADI). The Committee notes the programme “State consensus against gender discrimination and towards real equality between women and men”, implemented during the course of 2008, in the context of which an assessment was made on situations of discrimination against women through debates at the local, provincial and national levels. The Government indicates that it is hoped that an undertaking will be given in Government circles for the implementation of action through public policies in line with the outcome of the debates. The Committee requests the Government to provide information on the action 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 action undertaken by the 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 for the attainment of the objectives of the Convention.

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.

Promoting equality in the private sector. The Committee notes the data from the study undertaken by the INADI in the context of the “Discrimination Map”, which show that discriminatory conduct tends for the most part to be related to the workplace and that 62 per cent of the persons interviewed considered that enterprises in the country discriminate in relation to their workers. The Committee notes the programme “Gender Equality Model for Argentina” (MEGA 2009), the objective of which is to promote innovative tools for the management of diversity at the enterprise level. The programme, which is of a voluntary nature (when the report was prepared, 11 enterprises had been included), allows the identification of possible gender gaps and the application of measures to remedy existing inequalities. Moreover, it is administered by various actors in civil society, including chambers of employers and trade unions. The Committee also notes the various official days and meetings held to promote equality of opportunity in access to employment, equitable remuneration, personal development and participation in decision-making, including the days on wage parity for men and women organized with ILO support. The Committee also notes the programme “Raising awareness for inclusion” intended for small and medium-sized enterprises concerning non-discrimination in employment for persons with disabilities. The Committee requests the Government to continue providing information on the impact of the MEGA 2009 programme and on the action taken to promote non-discrimination on the various grounds set out in the Convention.

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.

Promoting of equality in trade union activities. Act on trade union quotas. The Committee notes the Government’s indication that, according to an investigation carried out by the Women’s Institute of the General Confederation of Labour (CGT) in 2008 concerning the effect given in practice to Act No. 25674, out of a total of 1,448 official trade union positions, only 80 are occupied by women. Of these, 61 are delegates or auditors; in 25 unions, no women hold representative office; in unions covering social services and education, the membership of women accounts for 53 per cent of total members; of a total of 26,304 positions on executive bodies, only 4,457 (16.9 per cent) are held by women and 21,847 (83.1 per cent) by men. Noting the low rate of participation by women on the executive bodies of trade unions, the Committee once again requests the Government to indicate:

(i)    the measures adopted by the Observatory for Compliance with the Act on trade union quotas with a view to ensuring that effect is given to the Act and its impact on the representation of women on the executive bodies of trade unions; and

(ii)   the manner in which the CTIO deals with complaints respecting failure to comply with the Act on trade union quotas and the measures adopted with a view to the elimination of the obstacles which limit the development of women trade union members and on the collaboration of employers’ and workers’ organizations in the implementation of these measures.

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 29 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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments of the Confederation of Argentinean Workers (CTA) of 31 August 2009 referring to matters examined below.

Equality between men and women. The Committee notes the Government’s indication that, in February 2009, in the context of the Tripartite Committee on Equality of Opportunity and Treatment (CTIO), a framework agreement was drawn up on “Social dialogue for equality of treatment and opportunities for women and men in the working environment”, which establishes the priorities, among others, of eliminating gender inequality and promoting good practices. The Government adds that the CTIO has been established at the provincial level and that in 2007 the Coordination Unit for Gender Equality and Equality of Opportunity at Work (CEGIOT) was established within the Ministry of Labour and Social Security, with the mission of mainstreaming the gender perspective throughout the work of the Ministry, developing tools to monitor policies and organizing interaction with other government fields and institutions. The Government indicates that priority is given to evaluating policies and establishing monitoring indicators to raise the alert concerning possible situations of discrimination, for which purpose the Secretariat of Employment is proposing policies in light of their potential impact, taking into account the needs of individuals and social contexts. The Government also refers to 11 collective agreements which include equality of opportunity and non-discrimination clauses. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) of 30 July 2010 in which the CEDAW urges the Government to take measures to address pay gaps; encourage women to take up employment in non-traditional fields; enact legislation on sexual harassment in the public and private workplaces; and provide comprehensive protection to domestic workers. The CEDAW also encourages the Government to take measures in order to provide affordable and accessible childcare services to enable women to balance their work and family responsibilities (CEDAW/C/ARG/CO/6). The Committee hopes that in its next report the Government will provide information on the impact of the measures implemented and will report on the progress achieved in reducing existing gaps between men and women in relation to wages and career opportunities, as well as progress in terms of improving job opportunities for women, including in non-traditional fields.

Domestic workers. The Committee recalls that in its previous comments it requested the Government to provide information on the measures adopted to ensure that domestic workers are not discriminated against in employment and occupation, the legal provisions applicable to domestic workers and the number of domestic workers regularized under the Plan Patria Grande. The Committee also recalls that in previous comments it noted the CTA’s indications that 92.7 per cent of domestic workers are undocumented and that the legal regime applicable to them involves discriminatory treatment in the areas of working hours, the termination of the employment relationship, holidays and occupational risks. The Committee notes that in its present comment the CTA adds that the wages of these workers are below the minimum living wage, which places this group of workers in a situation of vulnerability. In this respect, the Committee notes the Government’s indication that, according to the Domestic Work Tribunal, 370,000 domestic workers have been registered, which implies that the percentage of undocumented domestic workers has now been reduced to 67.8 per cent. Furthermore, the Domestic Work Tribunal has taken on new functions, providing advice to domestic workers and employers and undertaking awareness-raising campaigns to promote a cultural change with a view to paid domestic work being considered within the framework of the employment relationship. The Committee requests the Government to provide information on the legislation applicable to domestic workers and on any measures adopted for the protection of such workers against acts of discrimination in employment, including through the documentation process, and the number of workers benefiting from such measures.

Undocumented workers. The Committee notes the CTA’s comments that, in the first quarter 2009, 36.4 per cent of employed persons were not registered, and do not therefore benefit from the protection of the social security system in such areas as retirement benefits and family allowances. The Committee notes in this respect the Government’s indication that the principal objective of the National Plan for Labour Regularization is the inclusion of all workers in the social security system through inspection and action to combat undeclared work, as well as dissemination and awareness-raising campaigns. According to the Government, since the beginning of the National Plan for Labour Regularization in 2003, it has been possible to reduce the rate of undocumented workers by 12.7 percentage points and, in January 2009, undocumented workers accounted for 25.32 per cent of the workforce. The Government also refers to new Act No. 26476 of December 2008 establishing procedures for the regularization of employment relations and the promotion and protection of registered employment. The Act offers incentives to employers, through reductions in social security contributions, for the regularization of workers. The Committee requests the Government to provide information on the impact in practice of this Act, the National Plan for Labour Regularization and the other measures adopted by the Government to encourage the regularization of undocumented workers with a view to reducing their vulnerability and improving their conditions of work.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

National policy on gender equality. The Committee notes the activities carried out by the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO), the National Women’s Council and the National Institute against Discrimination, Xenophobia and Racism (INADI). The Committee notes the document entitled “Federal Women’s Programme” and in particular the coordination, organization and implementation of support projects for local initiatives. The Committee would be grateful if the Government would continue providing information on the activities of the INADI, the National Women’s Council and the CTIO relating to equality in employment and occupation. Furthermore, the Committee would be grateful if the Government would indicate the connection between the various bodies and the results expected and achieved, including the results of the implementation of the various plans and programmes.

Sexual harassment. The Committee notes with interest that on 5 January 2007, Decision No. 5 of the Ministry of Labour, Employment and Social Security was signed, creating the Advisory Office on Violence in the Workplace within the framework of the CTIO. This Decision includes sexual harassment in the definition of violence in the workplace. The functions of this Office include giving advice and dealing with complaints. It notes that if the complaints relate to the public sector, the matter is referred to the Committee on Equality of Opportunity and Treatment (CIOT) created by section 125 of the general collective labour agreement for the national public administration. The Committee requests the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace, including training and prevention activities and action taken in response to complaints of sexual harassment.

Communication of the General Confederation of Labour of the Republic of Argentina (CGTRA). In addition to the matters examined in its observation, the Committee notes that the communication also refers to difficulties encountered by women trade unionists with regard to training and capacity building. Often training programmes are only open to female participants if they are under 40 years of age, which hinders the participation of women in general, because those who are under 40 years of age are often unable to participate due to childcare commitments, while those who could participate are prevented from doing so because of their age. The Committee hopes that the Government will promote the removal of obstacles which limit the training of women trade unionists, as mentioned above, and that the Government will provide information on activities carried out in this regard, particularly in the context of the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO) and that it will also provide information on the collaboration of employers’ and workers’ organizations in this regards.

Communication of the Confederation of Argentinian Workers (CTA). In addition to the matters examined in its observation, the CTA indicates that, although progress has been made in recent years, such as the development of frameworks for political planning with an ethnic perspective in the Ministries of Labour and Health, these frameworks have not been put into practice. In general, members of indigenous peoples are in precarious and poorly paid employment, which reflects not only problems relating to education but also discrimination, a situation which is deteriorating due to the lack of an active policy to help these peoples regain control of their lands. In its reply, the Government refers to the efforts that are being made, such as Emergency Act No. 26.610 on community property and ownership, the Indigenous Participation Council and the Programme on strengthening the community and support for indigenous intercultural education. The Government indicates that these programmes establish grants for indigenous students in secondary education, support for indigenous students at the tertiary and university level and intercultural tutorials. The Committee would be grateful if the Government would provide information on any implementation in practice of the framework for political planning with an ethnic perspective of the Ministries of Labour and Health to which the CTA refers.

Migrant workers: Restrictions for certain categories of work. The CTA refers to various restrictions imposed on migrant workers, in particular their exclusion from certain jobs or categories of job. The Committee recalls that, from the protection against discrimination provided by the restrictions on employment of migrant workers which are unrelated to the inherent requirement of the job to be performed may result in de facto and indirect discrimination based on the grounds prohibited by the Convention and, in particular, race, colour or national extraction. The Committee requests the Government to indicate the employment sectors and job categories from which migrant workers are excluded and to provide information of the manner in which it ensures in practice that this exclusion does not involve or lead to discrimination on the basis of race, colour or national origin.

Internships. The CTA’s communication indicates that Act Nos 25.013 and 25.165 regulating the internship scheme and so-called “apprenticeship” contracts, have been converted in practice into instruments for precarious labour relations given that this legislation is used by the State and by major enterprises as a way of hiring young people for up to four years, thereby avoiding the labour legislation. The Committee notes that, in its reply, the Government provides a copy of the Bill of November 2007, which has already been submitted to the Chamber of Senators, which amends the legal internship scheme in order to provide more protection to the interns. The Committee would be grateful it the Government would continue providing information on this matter, particularly on whether this Bill has been adopted.

Communication of the Federation of Professional Employees of the Government of the Autonomous City of Buenos Aires. The Committee considers that the alleged situation raised is not covered by the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

National Anti-Discrimination Plan. The Committee notes the information provided on the follow-up to the National Anti-Discrimination Plan coordinated by the National Institute against Discrimination, Xenophobia and Racism (INADI). It notes with interest the activities carried out by the INADI to promote non-discrimination in employment and occupation. For example, it has established links with various trade unions of the two trade union federations (General Confederation of Labour (CGT) and the Confederation of Argentinean Workers (CTA)) in order to strengthen the trade union representation of women and to devise joint strategies for combating the persistent discrimination at work; it has promoted the establishment of forums with the participation of trade unions and civil society and participates in the Tripartite Committee on Equality of Opportunity and Treatment in the World of Work (CTIO). Furthermore, it has developed a programme entitled “Real equality now! State consensus on combating discrimination against women”, and under the subprogramme entitled “Equality at work between men and women”, various activities and studies are being carried out with the participation of the ILO, including on the situation of women migrant workers. The INADI is also promoting a Code of Good Practice for equality between men and women at work. Furthermore, the INADI is developing activities to promote the integration of persons with disabilities into employment and is preparing a report on the monitoring of the application of the National Anti-discrimination Plan. The Committee would be grateful if the Government would provide extracts from the above report relating specifically to non-discrimination in employment and occupation, and provide information on the impact of the various measures adopted and on the collaboration with employers and workers to implement these measures.

Public sector. The Committee notes with interest that section 125 of the 2006 General Collective Labour Agreement for the Central Public Administration provides that the parties agree to eliminate any measure or practice which produces discriminatory treatment or inequality between workers based on political opinion, trade union membership, sex, sexual orientation or preference, marital status, age, nationality, race, ethnic group, religion, disability, physical characteristics, AIDS, or any other action, omission, segregration, preference or exclusion which damages or contradicts the principle of non-discrimination and equality of opportunity and of treatment, both in access to employment and during an employment relationship. Please provide information on the application of this section in practice, both on promotional activities and on any complaints made and the action taken in response to such complaints.

Communication of the General Confederation of Labour of the Republic of Argentina (CGTRA). The Secretariat for Equality of Opportunity and Gender of the CGTRA indicates that the official line is one of strong support for equality but that difficulties are encountered in ensuring the application of the principle of gender equality in practice, and that in the trade union sphere there has still not been any clear progress. It points out that the Executive Board of the CGTRA is composed of 23 persons, of whom five are women and 18 are men. It indicates that the CTIO, a body under the Ministry of Labor, is a key body for the achievement of equality of opportunity in the public sector, but that it has not yet developed the capacity to respond effectively. It points out that difficulties are encountered with regard to the application of Act No. 25.674 on a quota in trade unions and that the Secretariat for Equality of Opportunity and Gender of the CGTRA has submitted numerous complaints to the CTIO of repeated violations of the Act, but measures to ensure its effective application have not yet been taken.

The Government reiterates that, according to the Act on a quota in trade unions, every collective bargaining unit shall be composed of a number of women representatives that is proportional to the number of women workers in the branch or activity concerned. It indicates that differences are observed in the representation of women according to the level of trade union association: in trade unions, the percentage is 22 per cent, in confederations it is 17 per cent and in federations it is 13 per cent. Between 2004 and 2006 the participation of women increased overall by 6 per cent. The Committee requests the Government to continue its efforts to strengthen the action in the CTIO and to ensure the effective application of the Act on a quota for trade unions, and to provide information in this regard, including on the representation of women on trade union executive bodies and on the action taken by the CTIO in response to complaints of violations of the Act on a quota for trade unions.

Communication of the Confederation of Argentinean Workers (CTA). The Committee notes the comments made by the CTA, received on 12 September 2007, and the Government’s reply, received on 21 July 2008. The communication refers to domestic workers, undeclared work, migrant workers, interns and members of indigenous peoples.

Domestic workers, migrant workers and declared work. In its communication, the CTA indicates that 92.7 per cent of domestic workers are undocumented and that if they are documented, the law treats them in a less favourable manner than other workers. The Government indicates that women domestic workers are among the most vulnerable groups and that in 2005, the Government implemented new measures to promote the registration of domestic workers. It also indicates that the large majority of women domestic workers come from neighbouring countries, as a result of which it has implemented the Patria Grande Plan, complementing the Migration Act No. 25.871, National Directorate of Migration provision No. 53.253/05 intended to facilitate their regularization. This Plan was welcomed by the other MERCOSUR countries and partner States at the XVI Ibero-American Summit of November 2006. Under this Plan, 227,339 migrants have been regularized. Furthermore, the Government indicates that although the statutory schemes for domestic employees are different from those for other employees, section 21 of Act No. 25.239 establishes a special compulsory social security scheme for domestic workers under which the contributions are payable by the employer. Taking into account that the majority of domestic workers, both national and foreign, are women, the Committee points out that in many countries, domestic work is generally undervalued and poorly paid due to gender stereotypes. The Committee recalls that, under the Convention, all workers, including domestic workers, should enjoy equality of opportunity and of treatment in all aspects of employment and not just with regard to social security. The vulnerability and lack of recognition within society of domestic workers places these workers at particular risk of suffering discriminatory practices, in particular on the basis of sex, race, colour and national extraction. It is therefore necessary to adopt legal and practical measures which ensure effective protection against discrimination on the grounds listed in the Convention. The Committee hopes that the National Anti-Discrimination Plan will pay special attention to the employment situation of domestic workers. The Committee requests the Government to provide information on all measures adopted or envisaged, including by the INADI, to ensure that domestic workers are not discriminated against in employment and occupation. It also requests detailed information on the legal provisions applicable to domestic workers, both national and foreign. Please also indicate the number of domestic workers that have been regularized under the Patria Grande Plan.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes that the Federation of Professional Employees of the Government of the Autonomous City of Buenos Aires sent a communication on 4 June 2007 and that the Office requested further information from the union on the relation between the contents of the communication and the grounds of discrimination prohibited by the Convention. The Committee notes that the union sent its reply on 2 October 2007. The Committee will examine these communications in detail at its next session, together with any comments that the Government may consider it appropriate to make, as well as the Government’s report which, due to its late arrival, could not be examined at this session.

2. The Committee notes a communication from the General Confederation of Labour of the Republic of Argentina (CGTRA), dated 4 September 2007. The Committee will examine the communication in detail at its next session, together with any comments that the Government may consider it appropriate to make. The Committee welcomes the fact that, according to the communication, the Secretariat for Equality of Opportunity and Gender of the CGTRA has developed and is implementing a programme to promote equality of opportunity within trade union organizations in Argentina, as well as at the workplace, through improving women’s capacity and trade union participation so as to achieve equality in the field of labour. The Committee hopes that, when making its comments on this communication, the Government will in particular provide information on the effect given to the Act on a quota for trade union members (regarding the participation of women) and on the measures adopted in this respect by the Tripartite Commission on Equality of Opportunity and Treatment between Men And Women in the World of Work (CTIO).

3. The Committee notes that on 12 September 2007 a communication was received from the Confederation of Argentinian Workers, which will be examined together with the comments that the Government may deem it appropriate to make.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. National policy on gender equality. The Committee notes that, pursuant to Decree No. 254 of 1998 promoting the Plan for equality between men and women in the world of work, the “Tripartite Commission on Equality of Treatment and Opportunity between Men and Women in the World of Work” (CTIO) was formally established on 15 March 2005. The Committee notes that the 2005 action plan is based on two main elements: the first is the launching of a programme entitled “For equality, against discrimination” and the second is the strengthening of social dialogue. Within this framework, numerous activities are carried out, including seminars at local and provincial level, such as that entitled “Assessment of the support programme for training and intermediation activities for women’s work in the city, the suburbs and province of Buenos Aires”, seminars at national level such as the “Workshop on the female quota and trade union democracy” organized by the CTIO in conjunction with the Institute for Women of the General Labour Confederation, and the seminar “Work for women, outlook and concrete action” organized by the CTIO. There are also seminars, meetings and workshops held at the international level, such as specialized meetings on women, within the framework of MERCOSUR. The Committee would be grateful if the Government would continue providing information on the national policy on gender equality in employment and occupation, on the activities of the CTIO and on the impact of such measures in practice. In reference to its observation, the Committee requests the Government to inform it of any future activities undertaken by the CTIO to articulate its proposals within the framework of the National Anti-Discrimination Plan.

2. The Committee notes the manual and good-practice guide entitled “Women, equity and work”. It notes that in 2004, the National Women’s Council implemented a training scheme aimed at all provincial departments responsible for the issue of “women”, which involved regional, provincial and local workshops. The National Women’s Council encourages provincial and local governments to include the issue of women in all their advisory councils. The Committee would be grateful if the Government would continue providing information on any developments in this area and on other activities undertaken by the National Women’s Council to ensure equality between men and women in employment and occupation, including details on the impact of such activities in practice.

3. The Committee notes the comprehensive statistical information provided by the Government in its report, the report of the National Institute of Statistics and Census (INDEC) and the “Analysis of the work situation of women, fourth quarter 2004” prepared by the General Directorate of Employment Study and Policies. The Committee notes that during the period covered by the report, women played a very dynamic role, with their participation in the labour market increasing by approximately ten percentage points. The increased participation of women in the labour market since 1990 is a result of changes in the sectoral structure of employment, the implementation since 2002 of the Unemployed Men and Women Heads of Household Plan, which benefits women in 67 per cent of cases, and the increase in the level of education received by women. The report notes with concern that the rate of unregistered female wage earners stands at
58.8 per cent compared to 47.8 per cent of male wage earners and that in 2004 there was a slight reduction of these situations. The Committee would be grateful if the Government would continue providing information so that it can assess the impact of the measures that are being taken to improve the situation of women in the labour market.

4. Labour inspection. The Committee notes that although no progress has been made with regard to the signing of an additional protocol between the national Women’s Council and the Labour Inspectorate, women represent
34.58 per cent of all labour inspectors and the incorporation of a specific module on gender is currently being studied. The Government is requested to continue providing information in this regard.

5. Violence in the workplace and sexual harassment. The Committee notes the comprehensive information provided by the Government in its report, on various laws, adopted in different provinces, which set out to prevent and penalize workplace violence in general and sexual harassment in particular, including the following: Act No. 1255 of the autonomous city of Buenos Aires of 4 December 2003; Act No. 4148 of the province of Misiones of 31 May 2005; Act No. 12434 of the province of Santa Fé of 1 August 2005; Act No. 7232 of the province of Tucumán of 23 September 2002; and Act No. 13168 of the province of Buenos Aires of 27 January 2004. The Committee also notes the summary of the bills presented in the last two years at national level. The Committee asks the Government to keep it informed of the adoption and implementation of new laws, both at national and provincial level, aimed at defining, preventing and penalizing sexual harassment. It also requests the Government to communicate whether any complaints were lodged or penalties imposed in application of these laws, such as penalties imposed by virtue of section 7 of the abovementioned Act No. 1255.

6. Indigenous peoples. The Committee notes that the National Institute against Discrimination, Xenophobia and Racism (INADI) works to promote the protection of the rights of indigenous peoples. With regard to the development of the “National Anti-Discrimination Plan” referred to in its observation, the Committee notes with interest that INADI has proposed a set of measures to eliminate discrimination against indigenous peoples and that these include: (1) the creation of a wide-ranging committee to amend national, provincial and municipal legislation with a view to incorporating the rights of indigenous peoples as set forth in the National Constitution (article 75, section 17) and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169); (2) the development of a programme aimed at facilitating indigenous peoples’ access to the justice system, which includes training for judges and prosecutors and the recognition of indigenous customary law; and (3) the creation of a specific organ within INADI responsible for preventing and penalizing any discriminatory labour and/or legal practices (lower wages, entrance quotas, unfounded penalties) against these groups. The Committee requests the Government to provide information on the progress made in meeting these objectives and on the measures adopted and their impact in practice.

7. With regard to the issue addressed in point 5 of the Committee’s previous direct request in which it asked the Government to take measures in respect of the internships involving students at Telefónica Argentina, the Committee notes that this matter was resolved directly with the Federation of Telephone Workers and Employees of the Argentine Republic (FOETRA) Buenos Aires, and that the workers referred to were hired as permanent staff.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes with interest that Decree No. 1086 of 7 September 2005, published as a supplement in the first section of Official Bulletin No. 30747 of 27 September 2005, approved the document entitled “Towards a National Anti-Discrimination Plan – Discrimination in Argentina. Analysis and Proposals”. According to section 1 of the Decree, this document lays down the strategic outline of the National Anti-Discrimination Plan. The Committee also notes that section 2 entrusts the National Institute against Discrimination, Xenophobia and Racism (INADI) with the task of coordinating the implementation of the proposals set forth in the document. The Committee notes that the document in question contains an analysis of discrimination based on the criteria in the Convention.

2. The Committee requests the Government to ensure, when preparing the definitive version of the National Anti-Discrimination Plan, that it includes policies on equal opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in this regard. The Committee would also be grateful if the Government would provide information on how employers’ and workers’ organizations have cooperated in the preparation and implementation of these policies, in particular through the Tripartite Commission on Equality of Treatment and Opportunity between Men and Women in the World of Work (CTIO), formally established on 15 March 2005. The Committee also asks the Government to inform it of the progress made in respect of the adoption of the National Anti-Discrimination Plan.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report, the attached annexes and the statistical data. The Committee requests the Government to provide information on the following matters.

1. In its previous comments, the Committee noted that, in view of the concern at the high level of sexual harassment encountered in Argentina and its effect on labour relations, a Bill had been submitted to Congress to protect victims of such practices and provide them with direct procedures to require harassers to cease such conduct. With reference to its general observation of 2002, the Committee notes the information provided by the Government in its last report that there exists legislation at the national and provincial levels addressing this issue, the texts of which were provided. It also notes the court ruling on sexual harassment provided by the Government with its report. The Committee requests the Government to continue providing information on new legislation and the enforcement of law at both the national and provincial levels which define and penalize sexual harassment.

2. The Committee notes the information produced by the National Statistics and Census Institute (INDEC) for 2002 indicating a slight increase in the employment rate of women (36.3 per cent) in comparison with the previous year (34.5 per cent), while the increase in the employment rate of men was slightly lower. With regard to the unemployment rate, the Committee notes that there was a slight reduction in the rate for men (17.8 per cent), while the unemployment rate of women rose (18.2 per cent). According to the information supplied by the INDEC, the unemployment levels of women increased in households in the lowest income brackets. There is also a higher percentage of unemployed women with a middle level of education, and this rate is only achieved by men with no skills or a very low level of skills. The Committee notes that in occupations which require vocational qualifications, women are under-represented in relation to men, for example in the commercial sector (1 and 34.7 per cent, respectively) and the manufacturing sector (3.8 and 11.6 per cent, respectively). The Committee also notes that a higher percentage of men than of women workers have access to the pension system. The Committee requests the Government to continue providing statistical information so that it can assess the impact of the measures that are being adopted to improve the situation of women on the labour market.

3. The Committee notes the report submitted by the National Women’s Council (CNM) indicating that a framework agreement was signed with the Ministry of Labour and Social Security in March 2002 to promote equality of opportunity between men and women in relation to employment. An additional protocol has also been signed to the framework agreement relating to the Heads of Households Programme to increase the representation of women on provincial advisory councils and in the federal capital, and to promote the vocational training of women. The Committee also notes the preparation and publication of a manual and good practice guide entitled "Women, equity and work", principally with a view to improving the situation of women heads of households. The Committee would be grateful if the Government would, if possible, provide a copy of these publications to the Office. The Committee hopes that the Government will provide information in its next report on the impact of these agreements in improving the situation of women on the labour market and promoting their access to non-traditional occupations and training resources.

4. The Committee notes the statistics provided by the Government concerning the complaints made to the National Institute against Discrimination, Xenophobia and Racism (INADI) during the course of 2002. The Committee notes that the number of complaints fell from 394 during the previous period to 185 in 2002. The Committee observes that most of the complaints are related to discrimination in employment in relation to political or ideological issues; illness - generally workers with HIV/AIDS; and also on grounds of gender, principally in relation to maternity. The Committee requests the Government to provide information on administrative or court decisions, the sanctions imposed and the compensation awarded for such discriminatory treatment.

5. The Committee referred in its previous comment to the communication sent by the Internal Union Commission for Telefónica Argentina on 1 June 2001, according to which women students engaged for trial periods in Telefónica Argentina do not enjoy the same rights to maternity leave as other women workers covered by other types of employment contract. The Committee, taking into consideration the fact that trial periods are carried out for 30 hours a week and for a period of up to four years, and recognizing the importance of maternity protection provisions and their essential relation to the promotion of the principle of equality of opportunity in employment and occupation, which includes access to vocational training facilities, requests the Government, in so far as possible, to take measures to accord some of these rights to women engaged for trial periods so as to grant them, in conditions of equality of opportunity and treatment with men, the possibility to benefit from this work experience.

6. The Committee notes that the Government’s report does not reply to some matters on which it commented in its previous direct request. The Committee therefore repeats its previous request on in relevant parts and once again requests the Government to provide information on the following points:

3. It also notes the Bill for the inclusion into Act No. 23.551 respecting trade union associations of a minimum threshold (set at 30 per cent) of women’s participation in trade union office and/or representation and asks to be kept informed of the adoption of the Bill.

4. The Committee notes the report issued by the National Women’s Council (CNM) indicating that the Plan for Equality of Opportunity between Men and Women in the World of Work, approved by Presidential Decree No. 254/98 of 9 March 1998, was not successfully integrated at the institutional level, with the result that its implementation was of a low level and only a few individual measures were taken. The Committee requests the Government to continue providing information on the activities undertaken within the framework of the above Plan.

6. The Committee also asks to be kept informed of developments regarding the Draft Additional Protocol to be concluded between the CNM and the Directorate of the Labour Inspectorate with a view to implementing a programme of training with a gender perspective for labour inspectors.

8. With reference to its previous comments, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.112 of 27 April 2001) in which it notes with concern that the territories on which indigenous peoples have settled coincide with the areas of the highest index of unmet needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis, and also that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination. The Committee requests the Government to supply information on the measures that are being adopted to pursue, in respect of indigenous populations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with satisfaction the reply provided by the Government in its report indicating the adoption on 15 September 1999 of the Framework Act regulating public employment (Act No. 25164), which, by virtue of section 4 repeals sections 8(g) and 33(g) of Act No. 22140 which had been considered contrary to the Convention. These provisions prohibited access to the national public administration and required the dismissal of officials who belonged to or had belonged to groups advocating the denial of the principles of the Constitution, or who adhered personally to a doctrine of this nature.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the attached annexes and statistical data.

1. The Committee notes the communication sent by the Internal Union Commission for Telefonica Argentina on 1 June 2001, describing the working conditions of students engaged for trial periods in Telefonica Argentina, particularly as regards pregnant workers who do not enjoy the same rights to maternity leave as other women workers covered by other types of employment contracts. Noting that the Government has not provided any information in reply to the above communication, it refers to its comments under Convention No. 3 respecting maternity protection.

2. The Committee notes that in view of the concern at the high level of sexual harassment encountered in Argentina and its effect on labour relations, a Bill has been submitted to Congress which is designed to protect victims of such practices and provide them with direct procedures to require harassers to cease such conduct. The Committee requests the Government to keep it informed of the progress made in the adoption of the Bill. It also requests the Government to refer to its general observation on sexual harassment.

3. It also notes the Bill for the inclusion into Act No. 23.551 respecting trade union associations of a minimum threshold (set at 30 per cent) of women’s participation in trade union offices and/or representation and asks to be kept informed of the adoption of the Bill.

4. The Committee notes the report issued by the National Women’s Council (CNM) indicating that the Plan for Equality of Opportunity between Men and Women in the World of Work, approved by Presidential Decree No. 254/98 of 9 March 1998, was not successfully integrated at the institutional level, with the result that its implementation was of a low level and only a few individual measures were undertaken. The Committee requests the Government to continue providing information on the activities undertaken within the framework of the above Plan.

5. The Committee notes the information concerning the types of action undertaken by the CNM with regard to the integration of women in the labour market. It notes the CNM’s statement that over the past decade women have increased their labour market participation by 41 per cent. According to the statistics provided, some 28.2 per cent of women were employed in 1999, compared with 25.6 per cent in 1990. The data received with the report for the unemployment rate are from 1999, showing that unemployment was 14.9 per cent for women and 12.9 per cent for men. The Committee also notes the statistics compiled by the National Statistical and Census Institute (INDEC) indicating that the educational situation of women has improved over recent decades, but that nevertheless 70 per cent of employed women have not completed secondary education and that only 6.6 per cent have completed higher education. It also notes the statistics on the distribution of students by subject at universities, which show the low level of women studying engineering subjects. With regard to the distribution of the population by branch, the data show that women are basically concentrated in education, social and health services and domestic work. The Committee requests the Government to provide more up-to-date statistics, where possible, to enable it to assess the impact of the measures that are being adopted to improve the situation of women on the labour market and to provide practical information on the measures that it envisaged adopting to promote the access of women to non-traditional occupations.

6. The Committee also asks to be kept informed of developments regarding the Draft Additional Protocol to be concluded between the CNM and the Directorate of the Labour Inspectorate with a view to implementing a programme of training with a gender perspective for labour inspectors.

7. The Committee notes the statistical data provided by the Government concerning complaints made to the National Institute against Discrimination, Xenophobia and Racism (INADI) during the period between August 2000 and August 2001. It notes that of the 394 complaints submitted, 37.05 per cent concerned discrimination in the workplace, of which 41.09 per cent concerned cases related to political decisions, 17.2 per cent to acts of discrimination related to sickness suffered by workers (more than half of which were related to HIV/AIDS), 11.6 per cent concerned nationality, 10.95 per cent concerned discrimination on grounds of gender, 9.58 per cent directly related to pregnancy (93 per cent of which concerned cases in which women had been dismissed for that reason) and 9.58 per cent the age of the worker. The Committee requests the Government to provide information on the solutions found, the penalties imposed and the compensation provided to victims of the above discriminatory treatment.

8. With reference to its previous comments, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.112 of 27 April 2001) in which it notes with concern that the territories on which indigenous peoples have settled coincide with the areas of the highest index of unmet needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis, and also that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination. The Committee requests the Government to supply information on the measures that are being adopted to pursue, in respect of indigenous populations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its previous comments, the Committee recalls that in Decree No. 57 of 27 January 1999, the Executive included on the agenda submitted for consideration by the Congress the Framework Bill regulating public employment, explicitly proposing the repeal of sections (8)(g) and (33)(g) of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, which prohibits access to the national public administration and requires the dismissal of officials who belong or have belonged to groups advocating the denial of the principles of the Constitution, or who adhere personally to a doctrine of this nature. The Committee had noted in previous comments an earlier Bill to repeal these provisions, which was not adopted. The Committee once again hopes that the provisions in question will be repealed and requests the Government to keep it informed of the progress achieved in the National Congress with regard to the Framework Bill regulating public employment.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest Decree No. 254/98 of 9 March 1998, approving the plan for equality of opportunity between men and women in the world of work, and it requests the Government to provide information on the application of the plan, including information on its development, on vocational training and statistics on levels of education and illiteracy, disaggregated by sex. Taking into account the regional diversity within the country, the Committee would be grateful for the information to be classified by province, both with regard to the projects being undertaken, the progress achieved and the difficulties encountered, and in relation to the manner in which the plan will be implemented at the provincial level, with an indication for example of whether provincial offices have been entrusted with its implementation, and their competence. The Committee notes that paragraph 1.4.3 of the plan establishes the objective of introducing provisions penalizing sexual harassment in employment in the private sector and it requests the Government to keep it informed of the progress made in achieving this objective.

2. With a view to gaining a better understanding of any problems arising in the application of the Convention in Argentina, the Committee requests information on the activities of the National Institute against Discrimination (INADI), including the number of complaints received, their content and the manner in which they are resolved.

3. The Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (Argentina, 18/09/97, CERD/C/304/Add.39), and observes that the above Committee noted the existence of discrimination suffered by the members of indigenous populations with regard to access to vocational training and employment in the various occupations, as well as in their terms and conditions of employment. The Committee of Experts therefore requests the Government to provide information on the manner in which a national policy has been declared and pursued, in relation to indigenous peoples, under the terms of Article 2 of the Convention, to promote equality of opportunity and treatment in respect of employment and occupation. With regard to the development of policies and action programmes for the effective abolition of discriminatory practices, the Committee recalls paragraphs 278 to 289 of its Special Survey on equality in employment and occupation, 1996.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the information provided by the Government in response to its previous comments. According to this information, the Executive has included on the agenda of the National Congress (by Decree No. 57 of 27 January 1999) a Framework Bill respecting the public service which explicitly provides for the repeal of sections 8(g) and 33(g) of Act No. 22140 of 1980, respecting the basic terms and conditions of employment in the public service, which prohibits access to the national public administration and requires the dismissal from their jobs of officials who belong or have belonged to groups advocating the denial of the principles of the Constitution, or who adhere personally to a doctrine of this nature. The Committee had noted in its previous comments a previous Bill to repeal these provisions, which was not finally adopted. It once again expresses the hope that the provisions in question will be repealed and requests the Government to keep it informed of the progress achieved in the amendment by the National Congress of the Act respecting the basic terms and conditions of employment in the public service.

2. The Committee notes with interest Decree No. 66/99 of 29 January 1999, approving the collective labour agreement for the national public administration, which will be in force until 31 December 2000 and does not retain the provisions 8(g) and 33(g) of Act No. 22140, which had been the subject of the Committee's previous comments. The Committee also welcomes the fact that, under section 129 of this collective agreement, the parties agree to eliminate any measure or practice which might result in discriminatory treatment or inequality between workers on the grounds of sex, nationality, race, religion, politics, trade union membership or any other criterion.

3. The Committee is raising other points in a request which it is addressing directly to the Government.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee noted that it had not received any recent information on possible reform of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, and particularly the need to repeal explicitly sections 8(g) and 33(g) (which provide that entry into the national public administration may be refused and public servants may be dismissed for belonging or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this nature). The Committee notes with interest the information supplied by the Government to the effect that in March 1997 the National Executive sent to the National Congress a Bill on employment in the public administration designed to replace Act No. 22140 and which excludes the provisions criticized by the Committee, namely sections 8(g) and 33(g). The Committee requests the Government to keep it informed of the progress in the National Congress of the Bill on employment in the public administration.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the communication from the Coordinating Executive Committee of Workers of Salto Grande, in which it alleges violations of the Convention by the Government sitting on the Technical Mixed Commission (a binational body established for the common use and exploitation of the Uruguay River in the Salto Grande region). The alleged discrimination is based on the fact that Argentina has not ratified the Protection Wages Convention, 1949 (No. 95), which apparently results in discrimination against Argentinean workers in comparison with Uruguayan workers, since Uruguay has ratified Convention No. 95. It also notes the Government's reply, to which are attached the comments of the Technical Mixed Commission, which demonstrate that this body is an inter-state body of an international character that is outside the administrative structure of the two countries which established it. In this respect, after a close analysis of the facts, the Committee does not find the allegations consistent with the obligations incumbent upon a State that has ratified Convention No. 111 because they do not specify discrimination on any of the seven grounds covered by the Convention. It also recalls that it is the sovereign right of a State to decide whether or not to ratify an international Convention, and that this cannot be considered an act of discrimination in relation to the present Convention.

2. With reference to its previous comments, the Committee recalls that Congress was examining a possible reform of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, and particularly the need to repeal explicitly sections 8(g) and 33(g) (which provide that entry into the national public administration may be refused and public servants can be dismissed for belonging or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this nature). Noting that it has no recent information on this, the Committee trusts that the Government will keep it informed on this matter in its next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the new Constitution of Argentina, and particularly Chapter II, article 37, which guarantees real equality of opportunity for men and women in respect of access to elected and political office, and Chapter IV, article 75(23), which refers to the adoption of legislation and the promotion of positive measures to guarantee real equality of treatment for women. With reference to these provisions, and taking into account the special measures mentioned by the Government in this regard in United Nations document CEDAW/C/ARG/2 dated 21 September 1992, the Committee requests the Government to supply information on the measures which have been taken or are envisaged for the effective promotion of the principles set out in the Convention without distinction on the basis of sex in respect of: (a) access to vocational training; (b) access to employment and particular occupations; and (c) terms and conditions of employment.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments on the elimination of discrimination in public employment on the basis of political opinion, the Committee notes the Government's statement that the situation has not changed in respect of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service. Nevertheless, it notes that its comments on the need for sections 8(g) and 33(g) of the Act, providing that entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind, to be explicitly repealed so as to avoid all uncertainties, particularly since these provisions are not now applied in practice, have been transmitted to the competent official body (Secretariat of the Public Service). The Committee requests the Government to inform it in its next report as to whether these provisions have been repealed.

In this context, the Committee notes with interest the enactment of the new Constitution of 22 August 1994 which, in Chapter IV, article 75(22), gives legal preference to international treaties and agreements over national laws. It would be grateful if the Government would indicate the effect that this constitutional provision has had in relation to the Convention, particularly with reference to the elimination of discrimination in employment on the basis of political opinion.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest that Act No. 22140 of 1980 regarding the basic terms and conditions of employment in the public service is presently before Congress with a view to its possible reform. It trusts that its comments on the need for the explicit repeal of sections 8(g) and 33(g) of the Act providing that entry into the national public administration may be refused, and public servants can be dismissed, for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind, will be taken into account. The Committee requests the Government to keep it informed of any further developments in this regard, and to provide a copy of the legislation when it has been adopted.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee referred to the provisions of sections 8(g) and 33(g) of the Public Service Act No. 22140 of 1980, providing that entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes the Government's indication that there still has been no change with regard to the provisions of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service.

The Committee once again expresses the hope that sections 8(g) and 33(g) of Act No. 22140 will be explicitly repealed so as to avoid all uncertainties and trusts that the Government will do its utmost to ensure that the adoption of the necessary measures is delayed no further.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes that the Government's last report does not reply to the questions raised by the Committee in its previous comments.

2. The Committee once again expresses the hope that the next report will contain full information on the questions raised in its previous direct request, which read as follows:

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention, and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In earlier comments, the Committee has referred to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes the Government's statement that so far there has been no change and that the situation regarding Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service is the same.

The Committee recalls that in its last report, the Government stated that the above sections of the Act were to be considered as having been tacitly repealed by virtue of the adoption of Act No. 32592 of 3 August 1988 concerning discrimination, and that the Public Administration Secretariat was in the process of conducting an analytical study of Act No. 22140 with a view to preparing a new law on the public service.

The Committee again expresses the hope that, to avoid all uncertainty, sections 8(g) and 33(g) of Act No. 22140 will be explicitly repealed and trusts that the Government will do its utmost to ensure that the adoption of the necessary measures is delayed no further.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee takes note with satisfaction of Act No. 32592 of 3 August 1988 concerning discrimination, establishing sanctions for discriminatory acts or omissions on grounds such as race, religion, nationality, ideology, political opinion or trade union leanings, sex, economic or social status, or physical characteristics. 2. In earlier comments, the Committee has been referring to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes with interest that, according to the Government's report, the sections of Act No. 22140 which have been the subject of past comments are to be considered as having been tacitly repealed by virtue of the adoption of the Act concerning discrimination. The Government also indicates that the Public Education Secretariat is in the process of conducting an analytical study of the regime approved by Act No. 22140. The Committee hopes that, to avoid all uncertainty as to the application of sections 8(g) and 33(g) of Act No. 22140, these sections will be explicitly repealed and that the Government will provide information on the measures taken to this end.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee takes note with satisfaction of Act No. 32592 of 3 August 1988 concerning discrimination, establishing sanctions for discriminatory acts or omissions on grounds such as race, religion, nationality, ideology, political opinion or trade union leanings, sex, economic or social status, or physical characteristics.

2. In earlier comments, the Committee has been referring to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind.

The Committee notes with interest that, according to the Government's report, the sections of Act No. 22140 which have been the subject of past comments are to be considered as having been tacitly repealed by virtue of the adoption of the Act concerning discrimination. The Government also indicates that the Public Education Secretariat is in the process of conducting an analytical study of the regime approved by Act No. 22140.

The Committee hopes that, to avoid all uncertainty as to the application of sections 8(g) and 33(g) of Act No. 22140, these sections will be explicitly repealed and that the Government will provide information on the measures taken to this end.