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

National gender policy. The Committee notes with interest that Act No. 18104 of March 2007 on equality of rights and opportunity between men and women in the Republic provides that the activities directed at equality of rights and opportunity between men and women are of public interest and that the State shall adopt all necessary measures to implement public policies that incorporate a gender perspective. The National Institute of Women is charged with designing the National Plan of Equality of Opportunity and Rights, with wide participation of women’s organizations, and in 2007 the first National Plan on the subject was adopted. The Committee also notes that the Tripartite Commission for Equality of Treatment and Opportunity in Employment (CTIOTE) elaborated a Plan of Action 2008. The Committee notes that within the CTIOTE a consensus was reached about promoting the implementation of the Equal Remuneration Convention, 1951 (No. 100), the Maternity Protection Convention (Revised), 1952 (No. 103), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156), as well as the Labour Declaration of MERCOSUR in the framework of collective bargaining. The Government also indicates that, within the Ministry of Social Development, the National Institute of Women is putting in place a gender information system the purpose of which is to highlight the forms of inequality between men and women existing in society. The Committee asks the Government to continue to provide information on the implementation and impact of the national policy of equality in employment and occupation.

Complaints procedures. In its previous comments, the Committee referred to a communication from the Inter-Union Assembly of Workers – National Convention of Workers (PIT–CNT) in which the PIT–CNT stressed the need to implement a flexible complaints mechanism to resolve labour discrimination disputes and that, in this respect, the burden of proof should be reversed, placing the onus on employers, and protection against reprisals should be afforded to workers who lodge complaints or testify. The Government informs that a unit competent to receive complaints and to provide advice to workers has been established within the General Labour and Social Security Inspection (IGTSS). It also indicates that in 2006 and 2007 all technical staff of the IGTSS was trained on sexual harassment and fundamental rights. The Government also indicates that the IGTSS has a Protocol on proceedings regarding complaints for discrimination. Such complaints are considered as urgent and priority is given to their examination. The Committee also notes the labour inspection’s procedures for dealing with complaints regarding sexual harassment. The Committee further notes that the IGTSS has kept a registry of complaints regarding moral and sexual harassment since 2004. The Committee notes that 17 sexual harassment complaints were examined in 2006 and 24 in 2007. The Committee asks the Government to provide an assessment on the operation of the existing complaints procedures to resolve discrimination cases, indicating whether these procedures meet the concerns of PIT–CNT concerning the burden of proof and protection against reprisals. The Committee also asks the Government to continue to provide information on the complaints lodged for discrimination and their outcomes.

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