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

1. The Committee notes the information supplied by the Government to the Conference Committee on the Application of Standards in June 2004 in answer to issues raised in its previous comments, and the discussion which ensued. The Committee also notes the conclusions of the Conference Committee asking the Government to provide detailed information on the practical application of the Convention, particularly on the situation of women in the maquila sector and the working conditions of indigenous workers.

2. Article 1 of the Convention. Maquila sector (export processing zones). The Committee notes that section 627 of the Labour Code, which applies to women working in this sector, provides for specific penalties for employers who dismiss pregnant women or women with disabilities, and that monitoring of the prohibition on pregnancy testing as a condition for being hired or maintained in a job has been stepped up. The Committee requests the Government to provide detailed information on cases detected by the labour inspectorate, the action taken and the results obtained.

3. Article 2. Public sector. The Committee notes the Government’s indication that there are no instructions in the government sector that favour men in terms of access to jobs in the public administration, and that hiring depends on requirements pertaining to skills and abilities which apply to everyone, without distinction as to sex. The Committee notes that the absence of discriminatory instructions or rules is not sufficient to meet the requirements of the Convention, which requires declaring and pursuing a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide detailed information on the national policy for equality of opportunity and treatment in the public sector, and particularly on measures to promote the access of women and indigenous people to the public sector, including to management posts, and the outcome of these measures.

4. Indigenous workers. The Committee notes that indigenous workers are covered by the constitutional guarantee of equality before the law. In its General Survey of 1988, the Committee concluded that in some cases, when past policies have done little to protect indigenous land and cultures, the indigenous populations may have migrated to urban areas where they are severely disadvantaged in terms of competing in the labour market. The Committee is of the view that the general principle of equality before the law cannot on its own ensure equality of opportunity in employment and occupation for men and women indigenous workers. It hopes that the Government will take steps to address discriminatory treatment that arises in practice, and promote equal opportunities for indigenous peoples, paying particular attention to equal access to vocational training, which is key to gaining access to the labour market on the same terms as other groups of the population. The Committee reminds the Government that in the case of self-employed workers, equality of opportunity and treatment in employment and occupation includes equal access to the material resources that enable such workers to carry on the activities from which they earn their living. As the Committee pointed out in its General Survey of 1988, in rural areas, if indigenous peoples have become agricultural labourers, their main problem may be de facto discrimination in terms of conditions of employment. If they earn their livelihood as subsistence farmers, their main problems frequently arise from unequal access to land, credit, marketing facilities, etc. In all such cases, official policies need to make provision for measures that allow indigenous peoples access to resources, including the means to carry out the activities from which they earn their living. The Committee requests the Government to provide information on the measures taken or envisaged to remedy these inequalities.

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