Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Honduras (Ratificación : 1960)

The Committee notes the observations of the Honduran National Business Council (COHEP), transmitted with the Government’s report.

Article 1 of the Convention. Grounds of discrimination set out in the legislation. The Committee notes that the Government has provided information in its report on the current reform of the Labour Code and the preparation of a preliminary draft text of a Code of Labour Procedure. The Committee trusts that the reforms will provide an opportunity to complete the enumeration of the grounds of discrimination set out in Article 1(1)(a) of the Convention (colour, national extraction, sex and social origin) and that it will be ensured that the definition of discrimination covers both direct and indirect discrimination. The Committee requests the Government to provide information on any progress made in relation to the two proposed amendments indicated.

Sexual harassment. According to the Government, the IIIrd National Plan to Combat Violence against Women and Girls 2023–33 guarantees to victims of sexual harassment access to a comprehensive procedure (which includes an effective, independent and confidential complaints mechanism) and envisages the investigation of complaints and the penalization of those responsible in accordance with the law. While noting that, according to the information provided by the COHEP, the Supreme Court has kept a statistical record of the sentences imposed since 2022, during which period only one sentence has been handed down in respect of harassment at work, the Committee notes that it is not specified whether that case involved sexual harassment. In this regard, the Committee refers to its General Survey of 2023, Achieving gender equality at work, paragraph 113. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations in 2022, recommended the Government to explicitly criminalize sexual harassment at the workplace and ensure that victims of sexual harassment at the workplace have access to effective, independent and confidential complaint procedures and that all complaints are effectively investigated and those responsible adequately punished, and to protect victims from retaliation (CEDAW/C/HND/CO/9, of 1 November 2022, paragraph 37(e)). While noting the measures adopted by the Government in this regard, and recalling that the Government was examining the reform of the Act on Equality of Opportunity for Women (LIOM), the Committee requests it to: (ii) ensure that the reform of the Labour Code includes provisions prohibiting sexual harassment (both quid pro quo and hostile working environment); (ii) provide information on the progress of the reform of the LIOM; (iii) indicate the number of persons brought to trial, the penalties imposed and the compensation granted in cases involving sexual harassment; (iv) report whether other measures have been adopted to prevent and combat sexual harassment; and (v) report the progress achieved in the implementation of the IIIrd National Plan to Combat Violence against Women and Girls 2023-33.

Articles 2 and 3. National gender equality policy. The Government indicates that: (1) the objectives of the IIIrd National Gender Equality and Justice Plan 2023-33 include the right of women to social and political participation in decision-making, the right to a basic social protection floor and the comprehensive national care system; and (2) the Gender Action Strategy on intervention in local public administration has been implemented, with the objective of strengthening the capacities of women and local governments for the implementation of the National Women’s Policy. The Committee requests the Government to provide information on: (i) the progress achieved through the implementation of the IIIrd National Gender Equality and Justice Plan 2023–33 and its plan of action; (ii) the results achieved through the implementation of the Gender Action Strategy on intervention in local public administration, referred to above; and (iii) the results achieved in respect of equality and non-discrimination in employment and occupation through the implementation of the Honduran National Employment Policy (PNEH) and the Joint Framework for Action (MAC), on which it provided information previously.

National gender equality policy in the maquila sector. The Committee notes the indications in the COHEP’s observations that: (i) through the PROCINCO programme, which has its origins in a contract concluded by the Honduran Association of Maquilas (AHM) and the ILO, training has been provided to over 640 persons on subjects such as the management of harassment and violence in enterprises, and the basics for equality and diversity, among other matters; and (2) the AHM, with the support of the ILO Bureau for Employers’ Activities, has developed the MALKIA programme to train 30 women first-line managers/directors through a course on empowering women for leadership in enterprise management. While noting these initiatives, the Committee requests the Government to indicate whether progress has been made in the adoption of measures for systematic action by the labour inspection services with a view to the compilation of information on the types of violations identified in the maquila sector, disaggregated by sex, and the penalties imposed.

Gender equality policy in agriculture and rural areas. The Committee notes that, with a view to promoting equality in the enjoyment of rights, resources and opportunities in rural areas, work has been focussed on the following strategic areas, among others: (1) technical assistance for men and women rural producers; (2) the establishment of biosecurity measures; (3) organizational strengthening plans; (3) the conclusion of agreements with various organizations; and (4) the democratization of access to social and productive infrastructure. The Committee also observes that the CEDAW recommended the Government to ensure that indigenous women, rural women and women with disabilities have access to employment and accessible transport to promote their inclusion in public and private employment (CEDAW/C/HND/CO/9, paragraph 37(d)). The Committee requests the Government to provide information on the impact on employment and occupation of the implementation of the strategic action referred to above, such as the number of beneficiaries disaggregated by sex, the content of the agreements concluded with the various organizations and the manner in which the role of women in organizations has been strengthened.

Elimination of gender stereotypes, and assistance programmes. The Committee notes the information provided by the Government in response to its previous request in relation to the initiative undertaken by City Women’s Centres.

National equality policy to combat discrimination on the grounds of race, colour and national extraction. The Committee notes the establishment of the National Coordination Unit for Original and Afro-Honduran Peoples (CONAPOA), within the Secretariat of State in the Social Development Office, the aims of which will include the improvement of the living conditions of original and Afro-Honduran peoples (poverty among these peoples is 23 percentage points higher than for the rest of the population in Honduras, according to the information provided by the Government). The Committee also notes the COHEP’s observations, in which it provides information on the launch of the Government programme “Our Roots” (Nuestras Raíces), which has the objective of the integration of indigenous and Afro-Honduran peoples in a State services and projects platform and international cooperation. The Committee recalls that the Government had proposed to revise the implementation of the public policy to combat racism and discrimination for the comprehensive development of indigenous and Afro-Honduran peoples (P-PIAH) 2016–26. The Committee requests the Government to provide information on: (i) the obstacles and challenges encountered in the effective implementation of the P-PIAH 2016–26, and the strategy adopted for its implementation; (ii) the programmes implemented through the CONAPOA and the results obtained in the achievement of equality of conditions in employment and occupation, such as the number of beneficiaries of social assistance and the solidarity fund, vocational training and academic programmes; and (iii) the impact of the “Our Roots” programme, including information on the types of vacancies available, the support provided to those concerned and the number of persons who have been able to enter the labour market, disaggregated by sex.

National equality policy for persons living with HIV and AIDS. The Committee once again requests the Government to provide information on the progress made with the adoption of the Bill on equity and equality in Honduras.

National equality policy for persons with disabilities. The Government indicates that the Act on sustainable inclusive development for persons with disabilities was not adopted in the end, and that work is being carried out on a new Bill on the rights of persons with disabilities. With regard to the access to work of persons with disabilities, the Government indicates that: (i) a virtual employment grant has been established for persons with disabilities, and 604 persons are now registered for it; (2) workshops and training courses have been carried for both private and public enterprises to promote compliance with the minimum percentage for the recruitment of persons with disabilities (4 per cent), in accordance with the Act on equity and comprehensive development for persons with disabilities; and (3) an education and awareness-raising programme has been established for private enterprises, known as “Let’s talk about inclusion”. The Committee notes the reference by the COHEP in its observations to the establishment of the IncluiRSE programme, with the objective of promoting the labour market inclusion of persons with disabilities, the results of which include the recruitment of over 50 persons with disabilities. The Committee requests the Government to provide information on: (i) the content and current status of the new Bill on the rights of persons with disabilities; (ii) the number of persons with disabilities who have been able to enter the labour market through the various initiatives and programmes; and (iii) the measures adopted with a view to ensuring equality of opportunity and treatment in employment and occupation for persons with disabilities, and the elimination of any discrimination in this regard.

Enforcement. The Committee notes the Government’s confirmation that the General Directorate of Labour Inspection has undertaken to develop protocols to detect and combat discrimination in employment and occupation, and to carry out a greater number of inspections. The Committee requests the Government to provide information on the progress made in the adoption of these protocols. It reminds the Government of the possibility of having recourse to ILO technical assistance in this regard.