Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mexico (Ratification: 1961)

Promotional and preventive activities. The Committee notes that in the context of the 2007 National Pact on equality between men and women, the budget allocated to programmes targeting women and gender equality was increased, which has allowed various activities to be developed, including the following: the Programme on Productive Organization for Indigenous Women (POPMI) which aims to improve the living conditions of indigenous women by promoting and strengthening their organization and participation in decision-making through the development of productive projects; the Microfinance Fund for Rural Women (FOMMUR); the Women in Agriculture Programme (PROMUSAG); the National Micro-entrepreneur Finance Programme (PRONAFIM), which granted 80 per cent of its microcredits to women from rural and urban areas; and the National Support Fund for Social Enterprises (FONAES), which has benefited 1,500 productive units, 92 per cent of which are composed of women only. Furthermore, in the context of the National Programme for Equality between Men and Women 2009–12 (PROIGUALDAD), the National Institute of Women (INMUJERES) has carried out numerous activities relating to gender equality, including the training of workers, members of trade union organizations and employers’ associations on occupational segregation; measures to improve access to information by women; and the dissemination of tools to increase women’s skills and opportunities. In addition, in coordination with the Ministry of Labour and Social Insurance (STPS), INMUJERES has implemented a programme entitled “Equal employment conditions: Combating sexual harassment and occupational gender segregation”, which aims to promote equal pay and working conditions, establish measures to reduce occupational segregation based on sex and eliminate discriminatory practices in the workplace. A campaign was also launched to raise awareness of issues relating to labour inequalities, labour segregation, joint responsibility for work and family life, the inclusion of young persons and persons with disabilities and sexual harassment in the workplace. The Committee notes that, according to the Economic Commission for Latin America and the Caribbean (ECLAC), the rate of participation in economic activity is 44.2 per cent among women and 80.4 per cent among men. The Committee requests the Government to provide information on the impact that the “Equal employment conditions: Combating sexual harassment and occupational gender segregation” programme has had in terms of eliminating discriminatory practices in the workplace and specifically in reducing occupational segregation. The Committee also requests the Government to continue providing information on the impact of the activities carried out in the context of both the third central theme of the National Development Plan
2009–12 entitled “Equal opportunities” and the PROIGUALDAD in strengthening the capacities of women, increasing their participation in economic activity and reducing gender inequalities.

The Committee notes that the STPS promotes a culture of labour equality and inclusion by means of awareness-raising campaigns and by awarding distinctions and giving recognition to enterprises which help employees to reconcile work and family life and promote gender equality and policies to combat violence in the workplace and sexual harassment. The initiatives include the “Gender Equality Model” (MEG) and the “Family Responsible Enterprise” distinction. The Committee notes that the responsibility for ensuring that the relevant conditions are met lies with operating committees composed of representatives of employers, workers, institutions and society. The Committee also notes the adoption of Mexican Standard NMX-R025-SCFI-2009 on labour equality between men and women, published in the Official Journal of the Federation on 9 April 2009, which establishes the requirements for obtaining certification and the symbol proving that the labour practices of an organization respect the right to equality and non-discrimination. The Standard includes indicators, practices and measures to promote equal opportunities between men and women regardless of their ethnic, racial or national origin, gender, age, disabilities, social or economic situation, state of health, pregnancy, language, religion, opinions, sexual orientation, marital status or any other similar characteristic or condition. The Government indicates that the STPS provides enterprises seeking certification with technical assistance, e-learning courses and self-assessment tools. In June 2010, nine organizations, eight private and one public, had been certified, benefiting 8,081 female workers and 8,351 male workers. The Committee requests the Government to continue providing information on the impact of these distinctions and badges of recognition and the participation of the social partners in awarding them.

Complaints regarding discrimination in employment and occupation. In its previous comments, the Committee requested the Government to indicate the reasons for the withdrawal of the complaints received by the National Council for the Prevention of Discrimination (CONAPRED), given that between 1 June 2006 and 15 May 2008, 70 complaints of discrimination on the ground of pregnancy were received, but 50 were withdrawn by the complainants for personal reasons. The Committee notes that the Government indicates that, according to CONAPRED, many of the individuals concerned opted for negotiation instead of participating in the conciliation process and that CONAPRED received 102 complaints of discriminatory practices related to pregnancy, gender and racial discrimination. The Committee requests the Government to continue providing information on the complaints received by CONAPRED of discriminatory practices in the workplace and the manner in which the complaints were resolved.

Labour inspection. The Committee notes that, according to the Government, between July 2008 and June 2010, no violations of the right to non-discrimination were noted by labour inspectors during their inspections. The Government indicates that the services for reporting discriminatory practices and violence in the workplace have been expanded by means of a telephone line enabling callers to seek guidance on how and where to lodge complaints. In 2009, personalized guidance, advice, conciliation and representation were provided to 105,000 women workers involved in labour disputes, of which 97,000 were resolved. Furthermore, nearly 11,000 cases were brought by the Federal Prosecutor for the Defence of Labour in favour of women workers, 92 per cent of which were resolved favourably. The Committee requests the Government to continue providing information on cases of violations of the right to non-discrimination in the workplace and, in particular, on the training given to labour inspectors in the area of discrimination in employment.