Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee recalls that on 22 May 2008 it received a communication from the Honduran National Business Council (COHEP) providing information on the questions raised by the Committee and on the action carried out by COHEP to contribute to the application of the Convention.

Legislation. The Committee notes that, according to the Gender Equality and Equity Plan II 2008–15, one of the principal achievements of the Gender Equality and Equity Plan I was the reform of the Social Security Act to include women workers in paid domestic service in the Scheme for the Progressive Affiliation of Women Domestic Workers. The Equality Plan II estimates that only 2 per cent of women domestic workers are registered as beneficiaries and that there are no legal instruments for the establishment of the minimum wage or the working conditions of these women. The Committee notes that the strategic objective (6.1) of the Gender Equality and Equity Plan II 2008–15 includes influencing legal reforms to guarantee the entitlement of all women to social security and its benefits, thereby ensuring the access to social security of those who work in the formal and informal economies and who perform paid and unpaid domestic work. The Committee also notes that, in accordance with strategic objective 2.1, the fifth policy line of the Gender Equality and Equity Plan II is to promote reforms of the national legislation, collective agreements and other legal instruments for the inclusion of protection and guarantees of the labour rights of women, especially women workers in export processing zones (maquilas), banking, private schools, restaurants, shellfish packing, paid domestic work and commerce. The Committee hopes that the Government will provide information in its next report on the package of reforms to the Equal Opportunities for Women Act (LIOM) that are before Congress, as was requested in its previous comment. It also hopes that information will be provided on the progress achieved in promoting reforms to the national legislation and repealing provisions which are discriminatory or limit equality of opportunity in employment and occupation, as envisaged in section 88 of Decree No. 4-2000, thereby giving effect to the Convention. Please also provide information on the legislative progress achieved in the implementation of the Gender Equality and Equity Plan II, especially with regard to access to social security.

Sexual harassment. The Committee notes that, according to the communication of COHEP of 22 May 2008, none of the draft reforms of the LIOM include a hostile working environment in the definition of sexual harassment. The Committee also notes that, according to COHEP, the proposals for the revision of the Act do not address the discrepancy between section 60 of the LIOM and the provisions of the Labour Code in relation to sexual harassment. According to the communication, in view of the lack of harmony between section 60 of the LIOM and section 114 of the Labour Code, and consequently the failure to include sexual harassment among the “valid reasons for which the worker may terminate the contract of employment, without notice and without liability on her or his part, and maintaining entitlement to statutory benefits and compensation, as in the case of “unjust dismissal”, there is no remedy for sexual harassment, except in cases in which there are alleged violations of the Penal Code. The Committee requests the Government, in the reform of the LIOM, to take the opportunity to amend the definition of sexual harassment to include a hostile work environment and to ensure that victims of sexual harassment have access to effective remedies, and it refers in this respect to its general observation of 2002 on this subject. The Committee also requests the Government to provide clarifications in relation to COHEP’s comments concerning the harmonization of section 60 of the LIOM and section 114 of the Labour Code.

The Committee notes the Government’s reference to the preparation of new inspection protocols. These protocols cover supervision that the employer has adopted the necessary measures to prevent sexual harassment against workers. The Committee requests the Government to provide information on the verifications made by the labour inspection services in relation to the new inspection protocols and any initiatives by employers’ and workers’ organizations to combat  sexual harassment at work.

National gender equality policy. The Committee notes from the statistics provided by the Government that women are concentrated in manufacturing, commerce, hotels and restaurants and services. The Committee notes that the Gender Equality and Equity Plan II indicates that, in order to respond to the challenges identified, it is necessary to strengthen the National Institute for Women (INAM) by providing it with human and financial resources, reinforcing its technical capacity so that it can discharge the specialized functions of guiding public gender policies effectively and efficiently. The Committee further notes that, according to the study “Gender discrimination and the labour rights of women”, the lack of public programmes intended to reduce the domestic burden on women workers, such as child development centres, laundries and canteens at accessible prices, as well as programmes to promote the sharing of responsibilities between men and women and the participation of men in household tasks and family care, is preventing women from being able to enjoy their fundamental rights and improve their quality of life. The Committee notes that strategic objective 1.4, policy line 5, of the Gender Equality and Equity Plan II 2008–15 envisages the establishment of inter-institutional programmes with the participation of governmental and non‑governmental institutions for capacity-building, promotion and training of women workers with a view to ensuring their access to employment without any type of discrimination, including access to non-traditional jobs and activities. The Committee requests the Government to provide information on the activities undertaken and the progress achieved within the context of the strategic objective. The Committee also asks the Government to provide information on the measures adopted or envisaged to help men and women reconcile work and family responsibilities and to promote a more equitable distribution of family tasks between them. The Committee also once again requests the Government to provide information on the following:

(i)    the project on equal opportunities for rural women;

(ii)   the gender equity policy for Honduran agriculture in terms of advancing equality in employment and training between men and women; and

(iii) the distribution between the sexes of the 25,132 land titles granted in rural areas.

The maquila sector. With reference to its previous comments, the Committee notes the study concerning the maquila sector “Gender discrimination and labour rights of women”, carried out under the “Cumple y Gana” project, which indicates that a concerted effort is required to overcome the lack of knowledge and trust by women workers in relation to the system for the protection of labour rights. The Committee notes the information provided by COHEP regarding the training activities undertaken in the context of the PROCINCO programme by the Honduran Maquila Association, especially with a view to improving labour conditions and strengthening relations between employers and workers in the apparel sector. It notes that PROCINCO has developed, among other measures, capacity-building activities in relation to sexual harassment, personnel administration and supervision, mental health and self-esteem, stress and productivity, family budgets, effective interpersonal relations, domestic violence, ergonomics, introduction to safety and health and the principal risks in the textile sector. The Committee requests the Government to provide full information on the measures adopted as a result of the study referred to above. It also requests it to provide information on the capacity-building activities for women in the maquila sector and on the information, awareness-raising and capacity-building activities carried out with a view to promoting equality in employment and occupation and promoting the knowledge and trust of women workers in relation to the system for the protection of labour rights.

Equality in employment and occupation without distinction as to race, colour, national extraction, religion or social origin. In its previous comments, the Committee noted the various activities carried out by the National Committee against Racial Discrimination, Racism, Xenophobia and Related Forms of Intolerance, the Committee on Indigenous Rights and the Inter-Institutional Committee to provide basic education services and education for work in indigenous communities. The Committee notes strategic objective 3.1 of the Gender Equality and Equity Plan II, which envisages the promotion of state policies and programmes at the national, departmental and municipal levels to reactivate women’s participation in the economy, especially in the rural, young and indigenous women, women of African descent, older women and women living with HIV/AIDS. The Committee requests the Government to provide information on the activities undertaken by the committees referred to above and the manner in which these activities promote the participation of the various ethnic groups in employment and occupation. The Committee also requests the Government to provide information on the activities promoted by the Honduran Social Investment Fund, and particularly the Support Programme for the Indigenous and Black Communities of Honduras, and the extent to which these initiatives are contributing to the promotion of equality of opportunity in employment and occupation for the members of these groups. The Committee also hopes to be provided with information on the policies and programmes launched to achieve objective 3.1 of the Gender Equality and Equity Plan II.

Persons with disabilities. The Committee notes that the Ministry of Labour and Social Security, with the support of the Spanish Agency for International Cooperation (AECI) and other partners, has planned a campaign to promote and provide incentives for the generation of jobs for persons with disabilities in 1,000 enterprises and organizations. The Committee also notes that the General Directorate for the Overall Development of Persons with Disabilities is working on the design of its annual operating plan and that in February 2008 it prepared a proposal for regulations under the Act respecting equity and overall development for persons with disabilities. The Committee hopes that the Government will continue to provide information on the measures adopted and their impact in promoting equality of opportunity and treatment in employment and occupation for persons with disabilities.

Article 3(a). Cooperation with the social partners. The Committee notes that, according to its communication, COHEP has not been called upon to participate or be a member of the inter-institutional committees established in the context of action to combat discrimination in employment and that, although it has collaborated with government bodies in the past, this has not occurred through social dialogue machinery or joint committees. The Committee requests the Government to provide information in reply to these comments.

Monitoring of application. The Committee refers to its previous comments relating to the system of supervision in the maquila sector to ensure that the participating enterprises comply with the agreements signed for the provision of social and economic benefits to workers, as agreed in the context of the Business Responsibility Programme. The Committee notes that the challenges identified in the Gender Equality and Equity Plan II include the strengthening and/or creation of institutional machinery, such as joint occupational safety and health committees, inspectorates and labour tribunals, among other measures, to ensure compliance with the law and the protection of the rights of women workers, and that the strategic objectives of the Plan II include establishing legal and institutional machinery to ensure compliance with Conventions. The Committee hopes that the Government will be in a position to provide information in its next report on the progress achieved in the establishment of machinery to ensure compliance with the Convention, including specific information on the activities of the labour inspection services in the maquila sector.