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

1. The Committee notes the information contained in the Government's report. In previous requests, the Committee had noted information regarding a series of discriminatory employment practices against women in the export processing zone industry (maquiladoras), such as subjecting women seeking employment to pregnancy tests and other discriminatory practices as a condition to obtaining employment. It had requested the Government to investigate these allegations and, where necessary, take action to end these practices. The Committee notes the information provided by the Government on general measures, but observes that the Government's report contains no information on definite measures adopted or envisaged to investigate, penalize or eradicate such practices, which are in violation of sections 133 and 146 of the Federal Labour Code.

2. The Committee notes the Government's statement that measures to combat the alleged discriminatory employment practices against women in export processing zones were agreed upon in the framework of the North American Agreement on Labour Cooperation (NAALC) and were developed in a ministerial meeting in November 1998, in a seminar held in August 1999 on "Employment Rights and the Protection of Women Workers in Mexico" and in the Trinational Conference on "The Rights of Women Workers in North America: Protection of Women at the Workplace" in March 1999. The Committee also notes that within the Action Plan "More and Better Jobs for Women in Mexico", there is a pilot project on export processing enterprises in the State of Coahuila and that the extension of the action plan to the rest of the frontier States is programmed. These activities will no doubt contribute to ensuring greater equality between men and women at work. The Government reports that as a result of meetings held in 1997 with counsellors and representatives of the National Council of Associations of Export Processing Zones and the National Council of the Export Processing Industry, 809 labour inspections were undertaken, covering 138,712 women workers, of which 3,414 were pregnant and 484 nursing. The Committee observes that these results refer to women who were already in employment and not to women at the time of their recruitment.

3. The Committee nonetheless observes that discriminatory practices against women workers in export processing zones continue to occur. For example, women are required to provide urine samples and, during the probationary period, provide proof to the enterprise of the continuation of their menstrual cycles. According to the concluding observations of the United Nations Committee on Human Rights, of 27 July 1999 (CCPR/C/79/Add.109, paragraph 17), information regarding the pregnancy test requirement in export processing zones continues to be received, and no investigation has been carried out in respect of the allegations; and according to the report of the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.100) of September 1998, export processing zones impose pregnancy tests on women as a condition of employment and deny them work if the result is positive. In some cases, if a woman becomes pregnant shortly after she begins to work in the plant, she may be mistreated and forced to leave her job for that reason (paragraph 633).

4. The Committee reiterates that these practices constitute discrimination based on sex in respect of access to employment and are both offensive and contrary to human dignity. As it states in paragraph 82 (access to wage employment) of its 1996 Special Survey on equality in employment and occupation, the application of the principle of equality of opportunity and treatment guarantees that every person has the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds referred to in the Convention. The recruitment procedure is of considerable importance for the effective application of this right. Similarly, paragraph 76 of the General Survey on equality in employment and occupation, 1988, establishes that the protection provided for in the Convention is not only applicable to the treatment accorded to a person who has already gained access to employment or to an occupation, but is extended expressly to the possibilities of gaining access to employment or to the occupation.

5. The Committee trusts that the Government will take appropriate measures to investigate and eliminate such discriminatory practices and thus bring their legislation and practice into conformity with the Convention; these measures could include, for example, sending a clear message to employers and workers to the effect that all action taken with a view to requiring women to undergo pregnancy tests constitutes discrimination based on sex; taking measures to penalize employers who persist in imposing such discriminatory practices; establishing of effective mechanisms of prevention, complaint, investigation and compensation where appropriate and, to this end, strengthening the labour inspection services and involving the bodies specialized in promotion and prevention, application and monitoring of the principle of the Convention.

6. The Committee requests the Government to keep it informed on the measures adopted and progress attained in the elimination of such discriminatory practices.

7. The Committee is addressing a request on certain points directly to the Government.