Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (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.