Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Application of the Convention in practice in export processing zones. In its previous comments, the Committee requested the Government to provide information on the mechanisms to monitor discrimination in practice in export processing zones to allow an assessment to be made of the impact of the measures adopted, as well as on the complaints of discrimination based on sex presented to local and federal conciliation and arbitration boards or to tribunals. The Committee notes the Government’s indication that it has no information on systematic discriminatory practices against women in export processing zones (maquiladoras) or on complaints of discrimination based on sex in export processing enterprises. The Committee notes that the Government indicates that meetings on equality at work have been held aimed at local authorities, representatives of employers’ and workers’ organizations, institutions and civil society for the purpose of raising awareness of occupational segregation. The actors involved in these meetings undertake in writing to include a clause prohibiting violence in the workplace in collective agreements or in general conditions of employment and to promote the removal of the requirement for pregnancy tests to obtain or maintain employment. The Committee notes with regret that the Government has not sent any relevant information concerning the monitoring of the situation relating to discrimination in export processing zones or the complaints of discrimination based on sex. The Committee recalls that these matters have been pending for many years and were examined by the Conference Committee on the Application of Standards in 2006, particularly the matter of the requirement of pregnancy tests to obtain or maintain employment and the practice of subjecting pregnant women to difficult or hazardous working conditions to force them to resign from their jobs. The Committee notes with concern these discriminatory practices and requests the Government to take the necessary measures to investigate the existence of the discriminatory practices mentioned and effectively address the issue of discrimination against women in export processing zones and to provide information on any developments in this regard. The Committee also requests the Government to provide information on the mechanisms available to address complaints of this nature and the penalties applicable.

Legislation requiring women to certify that they are not pregnant. The Committee notes that, on 18 March 2010, the draft decree amending various provisions of the Federal Labour Act and prohibiting employers from requiring female workers to certify that they are not pregnant in order to gain access to and remain in employment or obtain a promotion or from dismissing female workers on the grounds that they are pregnant, have changed their marital status or have children in their care was submitted to Congress for consideration. The reform is being examined by the Labour and Social Insurance Commission of the Chamber of Deputies. The Committee requests the Government to provide information on the progress made in amending the Federal Labour Act to ensure compliance with the obligations of the Convention.

Discrimination on the basis of race and colour. The Committee recalls that one of the issues addressed during the discussion in the Conference Committee on the Application of Standards in June 2006 was concerning vacancy announcements that discriminate on grounds of race and colour. The Committee notes with regret that even though it has been commenting on this matter for many years, the Government indicates that it does not have sufficient information concerning concrete cases. The Committee requests the Government to take the necessary measures to investigate the existence of this discriminatory practice and to address it effectively with a view to eradicating it. The Committee requests the Government to continue to provide information in this regard.

Sexual harassment. In its previous comments, the Committee requested the Government to: (i) ensure that complaints of sexual harassment made under the Federal Labour Act do not result in the termination of the victim’s employment and that appropriate sanctions and remedies are available; (ii) provide information on the number and nature of cases of sexual harassment filed pursuant to the Federal Labour Act; and (iii) provide information on the procedures in place for lodging complaints of sexual harassment and their application in practice, as well as any other procedures that have been established to address cases of sexual harassment in the public sector. In this regard, the Committee notes that the Government indicates that the labour reform initiative submitted to Congress in March 2010 includes provisions prohibiting sexual harassment in the workplace but that it has no information available concerning the application of the current Federal Labour Act in cases relating to sexual harassment. The Government also indicates that the General Act on the right of women to a life free of violence and the Federal Penal Code provide for penalties to punish sexual harassment. Furthermore, the National Institute of Women (INMUJERES) and the Ministry of Labour and Social Insurance (STPS) have adopted measures such as the Protocol on intervention in cases of sexual harassment within the public administration, the Labour Justice Programme and the campaign to prevent, address, sanction and eradicate sexual harassment in schools and the workplace. The Committee requests the Government to take the necessary measures in the context of the labour reform under way to ensure that complaints of sexual harassment made under the Federal Labour Act do not result in the termination of the victim’s employment. The Committee also requests the Government to provide information on the number and nature of complaints of sexual harassment, how long the procedure has taken and the results thereof, as well as on the application of the Protocol on intervention in cases of sexual harassment in practice.

Cooperation with employers’ and workers’ organizations. The Government indicates that, following the dialogue between the social partners and the Government, the STPS is promoting the insertion of a standard clause on the inclusion of persons with disabilities in the labour market to encourage the creation of high-quality jobs in the formal sector for persons with disabilities. The Committee requests the Government to continue providing information on these activities and on any other activities being developed by the Government with employers’ and workers’ organizations to promote equality of opportunity and treatment in employment and occupation and to eliminate any type of discrimination.

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