Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Honduras (Ratification: 1960)

The Committee notes the information supplied by the Government in its report and the attachments to the report. It requests the Government to provide information on the following points.

1. With reference to its general observation of 2002 on sexual harassment, the Committee notes the information supplied by the Government to the effect that section 147-A of the Labour Code and section 60 of the Equal Opportunities for Women Act deal with this subject. With regard to the definition of sexual harassment, the Committee would be grateful if the Government would envisage the possibility of including in its definition, or in the Equal Opportunities for Women Act, currently being amended, the notion of "hostile working environment". The Committee also notes that, according to the Government, one of the objectives of the First National Equal Opportunities Plan 2002-2007 - National Policy on Women is to establish machinery in all workplaces and education establishments in order to enforce the legislation penalizing domestic violence and sexual harassment. The Committee requests the Government to keep it informed of any measures adopted or envisaged, in so far as possible with the participation of representatives of workers’ and employers’ organizations, to achieve this objective.

2. In its previous observation, the Committee had requested the Government to provide information on the application of, and actual compliance with, Decree No. 34-2000 approving the Equal Opportunities for Women Act, taking into account comments made by the Committee in a direct request. The Committee notes the Government’s indication that the Equal Opportunities for Women Act is undergoing revision and that the amendments are to be approved by the Sovereign National Congress in 2004. The Committee requests the Government to provide information in this respect and to send the text of the Act as amended. It also asks the Government to reply to point 1 of its previous direct request on the regulation of domestic service and the repeal of the provisions of the law which discriminate against, or restrict the opportunities of, women: namely sections 50 and 88 respectively of the Equal Opportunities for Women Act.

3. The Committee requests the Government to respond to point 2 of the previous direct request which refers to measures adopted to ensure dissemination of the Equal Opportunities for Women Act in order to make women and men aware of their rights; and to the need for further information from the Government on the practical application of its provisions, particularly: (a) which provisions are being applied and which require enabling regulations; (b) detailed information on labour inspection activities; (c) complaints or court actions invoking the principles laid down in the legislation; and (d) the penalties imposed to date pursuant to section 86 and the penalty for recurrent breach.

4. The Committee notes the information supplied by the Government on the provisions applied under the Equal Opportunities for Women Act: section 35 (pregnant students); section 47 (women workers with HIV/AIDS); section 55 (offers of work); and section 73 (registration of possessions in the name of both partners of a marriage or both cohabiters). The Committee requests the Government to indicate in its next report whether these provisions will remain in force following the reform of the abovementioned act.

5. In its previous comments the Committee requested the Government to state the measures it is taking to promote women’s access to work and to vocational training in view of the statistical information showing discrimination in the better-paid posts and in sectors "traditionally" reserved for men. The Committee notes the indication in the Government’s report that the First National Equal Opportunities Plan 2002-2007 - National Policy on Women envisages amending the Labour Code in order: to remove any references which discriminate against women employees; to extend rights at work to a number of special regimes (domestic service, export processing, etc.); to promote training programmes and projects that involve minority groups (ethnic groups). The Committee requests the Government to provide information in its next report on the impact of the abovementioned plan in terms of improving the position of women in employment and occupation. In view of the inevitable overlap between Conventions Nos. 111 and 100 as regards discrimination in employment and occupation on grounds of sex, the Committee refers the Government to the comments it has made in a direct request on the application of Convention No. 100.

6. In its previous comments the Committee observed that although the export processing sector comprised largely women, the latter held only a small percentage of the better-paid jobs and management posts. The Committee notes the information sent by the Government that thanks to bipartite meetings between the authorities of the export processing sector and the workers, in 2002 there was a 60 per cent increase in the administrative jobs performed by women. The Committee requests the Government to provide information in its next report on vocational guidance and training programmes in this sector, and on the establishment of social services for women workers with family responsibilities, including the number of beneficiaries.

7. The Committee requests the Government to provide information on the formulation of national policies that seek to promote equality of opportunity and treatment for indigenous and tribal peoples in access to vocational training and to employment, in the various occupations and in conditions of work. The Committee urges the Government to provide information on the activities of the inspection services to prevent, and punish where necessary, discrimination against indigenous workers, particularly as regards women’s status.