Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislation. Equality plan. The Committee notes that the Government reports that in November 2008 Executive Decree No. 058-2008 was signed, issuing the Regulations to the Equal Opportunities for Women Act under which all state institutions are required to incorporate the national policy for women in their plans, programmes and projects. The Government also refers to the adoption of the IInd Gender Equality and Equity Plan of Honduras 2010–22 (IIPIEGH), by Executive Decree No. PCM-020-2010. According to the Government, the IIPIEGH is fundamental to concluding a national covenant for gender equality and equity in the various state powers, supervisory bodies and civil society. The Committee notes in particular that the Plan’s strategic objectives include promoting amendment of the national legislation, collective agreements and other instruments so that they include protection and guarantees for women’s rights at work. It promotes in particular amendment of the Labour Code with a focus on gender; the establishment of mechanisms for the prevention and punishment of violations of women’s rights at work, and amendment of the Equal Opportunities Act through a participatory process. The Plan recognizes the need to reinforce the National Institute for Women. It also provides for the implementation of credit and microcredit programmes and the establishment of policies for the titling of lands suitable for production to benefit women in the framework of the Agricultural Modernization Act. The Committee notes in this connection the information supplied by the Government showing that significantly fewer land titles were granted to women than to men. The Plan also provides for the adoption of measures to reconcile work and family responsibilities and contains a section devoted to the organization of institutions and budget estimation and another on the follow-up and monitoring of implementation. It also envisages the design and implementation of a system of gender indicators and the compilation of statistics disaggregated by sex. The Committee asks the Government to provide information on the measures adopted, pursuant to the IIPIEGH, to amend the Labour Code and the Equal Opportunities Act. The Committee also asks the Government, in light of the follow-up and monitoring system and the indicators established, to send detailed information on the implementation of the IIPIEGH, and particularly on:

• (i) access to employment and occupation, training and vocational guidance on an equal footing for men and women, especially in non-traditional jobs and occupations;
• (ii) the measures adopted or envisaged with a view to better reconciling work and family responsibilities;
• (iii) the gender equity policy for the agricultural sector in terms of progress towards equality in employment and training and equitable distribution between men and women of land titles granted in rural areas.

The Committee also asks the Government to continue to send statistical information disaggregated by sex.

Sexual harassment. In its previous comments the Committee requested that, in amending the Equal Opportunities for Women Act (LIOM), the Government take the opportunity to amend the definition of sexual harassment to include hostile environment harassment and to ensure that victims of sexual harassment have access to effective remedies. The Committee notes in this connection the Government’s statement that section 30 of the Regulations to the Equal Opportunities for Women Act of 2008 provides that “without prejudice to the other rights granted by law to the victims, sexual harassment by the employer against its female employees entitles the latter, without prior notice and with no liability on their part, to terminate the labour relationship while retaining entitlement to the statutory benefits and compensation that apply in the event of unfair dismissal. Where the perpetrator of the harassment is a worker, he shall be summarily dismissed by the employer or state institution. All the foregoing is without prejudice to the administrative, civil and criminal liability of the offender.” The Committee is of the view that legislation under which the sole redress available to victims of sexual harassment is termination of the employment relationship while retaining entitlement to compensation, does not afford sufficient protection for victims of sexual harassment since it in essence punishes the victim and may dissuade victims from seeking redress. The Committee refers the Government to its general observation of 2002. The Committee asks the Government to take the necessary steps to ensure that both in the Equal Opportunities for Women Act and in the Regulations thereto, the definition of sexual harassment expressly includes hostile working environment harassment. It also asks the Government to provide information on the other measures and remedies that are available to victims of sexual harassment besides the possibility of terminating the employment relationship while retaining entitlement to compensation, and to indicate whether protection against sexual harassment covers men as well.

The maquila sector. The Committee notes the information sent by the Government on the number of persons who received training in the maquila sector under the PROCINCO programme. It asks the Government to send further information on the information, awareness-raising and training activities conducted in the maquila sector with a view to promoting equality in employment and occupation and to foster awareness of and trust towards the system to protect rights at work.

Equality in employment and occupation without distinction as to race, colour, national extraction, religion and social origin. The Committee notes the information supplied by the Government to the effect that the Comprehensive Development for Autonomous Peoples (DIPA) programme provides US$6.2 million in funding for projects with the nine indigenous peoples and people of African descent. The projects are executed by the communities themselves and consist of business projects, emergency production projects and infrastructure projects. To date, 26 projects of the 72 planned have been funded. The Government adds that the support programme for indigenous and black communities was completed two years ago. The Committee requests the Government to provide information on the activities conducted 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 services for basic education and education for work. It also asks the Government to send information on the impact of the IIPIEGH in terms of the specific measures taken for women belonging to indigenous peoples and people of African descent.

Persons with disabilities. Noting that the Government has sent no further information, the Committee asks it to provide information on the measures taken to promote equal opportunities and treatment in employment and occupation for persons with disabilities, and on the impact of these measures.

Article 3(a). Cooperation with the social partners. In its previous comments the Committee referred to a communication from the Honduran National Business Council (COHEP) indicating that it has not been invited to participate in the inter-institutional committees to combat discrimination. The Committee notes in this connection that, according to the Government, the primary tripartite forum for dialogue is the Economic and Social Council. The Committee requests the Government to provide information on the meetings held by the Economic and Social Council, the issues relating to non-discrimination and equality in employment and occupation that were discussed, and the organizations that participated.

Enforcement. The Committee notes the Government’s statement that institutions are being set up to ensure that the Convention is enforced, and that the labour inspectorate also works in the maquila sector. The Government encloses the plan of inspection activities 2009 and 2010. The Committee requests the Government to provide specific information on the institutions established and the activities they carry out to ensure application of the legislation applying the Convention, and on the activities of the labour inspectorate.