Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the Honduran National Business Council (COHEP) received on 1 October 2020 and 31 August 2021. The Committee notes the Government’s replies in which it indicates that, in general, it agrees with the statements made by COHEP.

Legislative reforms. The Committee notes that, in its report, the Government indicates that no progress has been noted in relation to the review of the Labour Code and the Equal Opportunities for Women Act (LIOM). The Committee requests the Government to continue providing information on any developments in this regard.

Articles 1 and 3(b) of the Convention. Definition of discrimination in the legislation. The Committee previously requested the Government to consider, in the context of the possible reform of the Labour Code, the inclusion of a definition of the term “discrimination” and the enumeration of at least all the grounds listed in Article 1(1)(a) of the Convention. The Government refers to the formulation of the Bill to issue the Code of Labour Procedure, which would establish protection for workers in the event of the violation of fundamental rights such as non-discrimination at work. In this regard, the Committee notes COHEP’s indication that, as the Economic and Social Council (CES) was not convened in 2020-2021, the status of the Bill to issue the Code of Labour Procedure before the National Congress is not known. Under these conditions, the Committee trusts that the Labour Code reform will include a legislative definition of the term “discrimination” and the completion of the list of grounds set out in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on any developments regarding the examination of the Bill to issue the Code of Labour Procedure. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office with regard to both legislative initiatives.

Sexual harassment. In relation to its previous request regarding the need for a definition of sexual harassment in the legislation, the Committee notes the Government’s indication that the Bill to issue the Code of Labour Procedure provides for protection of the physical, psychological and moral integrity of workers, including with regard to cases of sexual and moral harassment at work. According to the Government, three factors are required by the Bill for the determination of sexual harassment: (1) any kind of approach or pressure of a sexual nature, whether physical or verbal; (2) such an approach or pressure is unwanted by the person experiencing it; and (3) such an approach or pressure arises from the employment relationship, and results in a hostile working environment, impedes the performance of work or restricts the victim’s occupational opportunities. The Committee trusts that the Bill to issue the Code of Labour Procedure will include provisions that prohibit both types of sexual harassment (quid pro quo and a hostile working environment).

Regarding the statistical data on complaints of sexual harassment, the Committee notes the information from the Office of the Prosecutor-General provided by the Government, which indicates that, in 2020, 100 complaints were filed (bullying and harassment combined), five of which were closed and three of which were investigated. The Committee notes COHEP’s indication that 439 complaints of sexual harassment were received by the National Emergency System between 1 January and 31 July 2020, and 273 specifically during the lockdown period (15 March – 31 July 2020). The Committee requests the Government to provide information on the number of persons prosecuted and the sanctions imposed and remedies granted in cases in which acts of sexual harassment were found to have taken place. The Committee also requests the Government to make every effort to prevent and combat sexual harassment, and to provide information in this regard.

Articles 2 and 3. National equality policy. In its previous comment, the Committee requested the Government to provide information on the monitoring and assessment of the results achieved with regard to equality and non-discrimination in employment and occupation in the context of the implementation of the National Employment Policy of Honduras (PNEH) and the Joint Framework for Action (MAC). The Committee notes the information provided by the Government regarding the difficulties faced by the country in relation to the COVID-19 pandemic, following which it will be necessary to review and adjust economic and employment policy measures to the new approach adopted by the country to economic growth, investment decisions and the stimulation of public and private consumption. The Committee further notes COHEP’s indication that, despite the creation of the Tripartite Decent Work Sectoral Round Table (MSED), which is responsible for developing and monitoring the PNEH and the MAC, the Government has not reconvened a meeting since the Sectoral Round Table was established, or undertaken any action aimed at implementing and coordinating the two instruments. Lastly, according to COHEP, to date, no updated statistical data or information is available on the monitoring and evaluation of the impact of the PNEH and the MAC with regard to equality and non-discrimination. The Committee requests the Government to: (i) indicate the measures taken or envisaged to address the difficulties encountered in the effective implementation of its national policy to promote and achieve equality of opportunity and treatment for women and men in employment and occupation; and (ii) provide, to the extent possible, any available information, including statistical data disaggregated by gender, on the monitoring and evaluation of the National Employment Policy of Honduras and the Joint Framework for Action, with a particular emphasis on equality and non-discrimination.

Articles 2 and 3(b) and (e). National gender equality policy. Elimination of gender stereotypes, and assistance programmes. The Committee notes that, in reply to its request for information on the City Women’s Centres (CCM) programmes, the Government indicates that the following modules have been developed: (1) awareness and protection of women’s rights; (2) women’s economic autonomy; (3) sexual and reproductive health; (4) comprehensive care for young women; (5) community education; and (6) childcare support during the provision of care for women at the centre. The Committee notes that COHEP’s observations are in line with those of the Government. The Government observes that the activities carried out by all City Women’s Centres for the elimination of gender stereotypes and sexual harassment in the workplace consist of receiving the complaints filed at the centre, in order to initiate the corresponding investigations through an extraordinary inspection, and the referral of the complaints to the General Directorate of Labour Inspection. In the case of an anonymous complaint, an ordinary inspection is ordered, which is carried out ex officio in order to monitor compliance with all labour provisions. The Committee takes due note of this information and requests the Government to provide information on the impact of the City Women’s Centres in relation to the elimination of gender stereotypes.

Articles 2 and 3(b) and (f). National gender equality policy in the maquila. The Committee notes the detailed information provided by the Government on the various training activities conducted by the Honduran Association of Maquiladoras (AHM), with support from the ILO on several occasions, to promote gender equality and combat discrimination in employment and occupation in this sector. However, the Committee notes that, in reply to its request for information on the action taken by labour inspectors in the maquila sector, and on the number of complaints received on discrimination in the sector and their follow-up, the Government reports that the current system for the administration of cases does not include “discrimination” among the causes of complaints and does not specifically address cases relating to the maquila sector. The Committee recalls that, in 2019, the Working Group on the issue of discrimination against women in law and in practice of the United Nations Human Rights Council reported that women workers in the maquila sector often suffer from “harassment, exploitation, psychological pressure based on high productivity objectives, longer working hours, few resting times, little time to eat and no access to drinking water”, safety and health and recommended the Government to ensure that labour inspectors conduct thorough and independent investigations in maquilas into working, safety and health conditions, and that effective referral mechanisms are available to all workers (A/HRC/41/33/Add.1, 8 May 2019, paragraphs 41 and 76(e)). The Committee trusts that the appropriate measures will be taken for the harmonization of the action of the labour inspectorate in order to collect information on the types of violations in maquilas, disaggregated by sex, and the sanctions imposed.

Articles 2 and 3(f). Gender equality policy in agriculture and rural areas. With respect to the measures taken or envisaged to promote gender equality in employment and occupation in the agricultural sector and in rural areas, the Government indicates that the National Agrarian Institute (INA): (1) encourages the organized rural population to increase the participation of women as beneficiaries of the land titling process; and (2) focuses its work on providing support for organized producers in enterprises in the rural sector, indigenous and Afro-Honduran communities, and promotes a greater share for women of the resulting benefits. These activities are interrelated, both in terms of access to land, and to the production scheme, and therefore women participate extensively in the establishment of family vegetable gardens. However, the Government recognizes that the INA does not have sufficient resources to launch campaigns aimed at changing the attitudes of the population, which are entrenched in gender stereotypes. The Government indicates that, in accordance with the legislation, the degree of participation is determined by the beneficiaries and, although both men and women have the same rights, the cultural context of the population living in the countryside (where men make the final decision) has slowed down the adoption of the scheme. The Committee notes that, during the period from 2019 to February 2021, 271 land titles were granted to women heads of indigenous households (669 were issued to men), and 1,561 land titles were granted to women heads of households in rural areas (2,451 were issued to men). The Committee observes that, according to the new statistical data provided, the number of land titles granted to women (6,961) remains significantly lower than the number granted to men (14,418). The Committee encourages the Government to continue making every possible effort to promote gender equality in employment and occupation in the agricultural sector and in rural areas.

Articles 2 and 3(b) and (e). National equality policy to combat discrimination on the grounds of race, colour and national extraction. The Committee notes the Government’s statement that, despite the efforts made by the Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH), no significant progress or commitment has been demonstrated by the various State institutions to meet the aspirations outlined in the Political Agenda for Indigenous and Afro-Honduran Women (adopted in 2013). The Government also underscores that it is necessary to analyse the implementation of the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples (P-PIAH) 2016-2026, as the operational mechanisms for the achievement of the strategic objectives have not yet been developed. The Committee therefore encourages the Government to carry out a comprehensive analysis, in consultation with the workers’ and employers’ organizations concerned, to: (i) identify the obstacles and challenges to the effective application of the public policy to combat racism and racial discrimination for the comprehensive development of indigenous and Afro-Honduran peoples; and (ii) develop an appropriate and concerted strategy to effectively overcome these obstacles and challenges.

Articles 2 and 3(a) and (b). National equality policy for persons living with HIV and AIDS. In its previous comment, the Committee requested the Government to provide information on the measures taken to collaborate with employers’ and workers’ organizations on the preparation and development of its equality policy for persons living with HIV and AIDS. The Committee notes the Government’s reference to: (i) the activities of the National AIDS Commission (CONASIDA) in relation to the development of the draft Honduran Equity and Equality Act and the draft Gender Identity for Transgender Persons Act, to promote respect for and non-discrimination against women and men key workers in response to the HIV/AIDS epidemic; (ii) the provision of training for the representatives of the Secretariat of Labour in various municipalities on the policy on HIV in the world of work; (iii) the processing and follow-up of complaints and claims related to the labour rights of persons with HIV/AIDS; and (iv) the promotion of stigma- and discrimination-free spaces in private enterprises and municipalities. The Committee also notes the information provided by COHEP, according to which the national response to HIV is to be reoriented through the National Strategic Plan for the Response to HIV in Honduras 2020-2024 in light of the analysis of the AIDS epidemic and the response thereto, and the United Nations General Assembly Political Declaration on ending the HIV and AIDS epidemic as a public health problem by 2030. The Committee requests the Government to provide information on the progress made with the adoption of the draft Honduran Equity and Equality Act and the draft Gender Identity for Transgender Persons Act.

National equality policy for persons with disabilities. In reply to the Committee’s request for statistical data on the access to work of workers with disabilities, the Government indicates that, on average, 96 per cent of enterprises do not meet the quotas established by the Act on equity and comprehensive development for persons with disabilities (Decree No.160-2005). The Government adds that, due to the lockdown resulting from the COVID-19 pandemic and the emergency measures adopted, it was complicated to create employment opportunities in general, and in particular for persons with disabilities. The Committee further notes the indication by COHEP that, in May 2021, the National Congress held its first reading of the new Act on inclusive sustainable development for persons with disabilities. This Act was considered necessary to bridge the gaps in the Act on equity and comprehensive development for persons with disabilities, and to ensure that public, social, economic and cultural policies provide for the full participation, development, integration and effective inclusion of persons with disabilities, and guarantee equality of opportunity with the rest of the population, with a view to effectively achieving and implementing human development. COHEP indicates that, according to the Single Register of Participants of the National Social Sector Information Centre, motor disabilities are the main form of disability (representing 31 per cent of the disabled population in Honduras), followed by visual disabilities (26 per cent), mental disabilities (19 per cent), hearing disabilities (11 per cent) and speech disabilities (11 per cent). COHEP also indicates that 75.31 per cent of persons with disabilities struggle to find work or devote themselves exclusively to household tasks. The Committee requests the Government to provide information on the adoption of: (i) the new Act on inclusive sustainable development for persons with disabilities; and (ii) specific measures with a view to ensuring that persons with disabilities enjoy equality of opportunity and treatment in employment and occupation, and to eliminating any discrimination in this regard.

Enforcement. In its previous comment, the Committee requested the Government to provide information on the adoption of new inspection protocols, the number of inspections conducted relating to discrimination, the number of cases identified, and the action taken on those cases (sanctions imposed and applied). The Committee notes the Government’s indication that, in 2018 and 2019, the Ministry of Labour and Social Security (STSS) published four protocols on different subjects (inspection processes, freedom of association and collective bargaining, occupational safety and health, and child labour). In its observations, COHEP refers to the same protocols. The Committee requests the Government to indicate whether any of the above protocols address subjects related to equality and non-discrimination, or whether a specific protocol on these matters is envisaged in the near future.