Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Argentine (Ratification: 1968)

National Anti-Discrimination Plan. The Committee notes the information provided on the follow-up to the National Anti-Discrimination Plan coordinated by the National Institute against Discrimination, Xenophobia and Racism (INADI). It notes with interest the activities carried out by the INADI to promote non-discrimination in employment and occupation. For example, it has established links with various trade unions of the two trade union federations (General Confederation of Labour (CGT) and the Confederation of Argentinean Workers (CTA)) in order to strengthen the trade union representation of women and to devise joint strategies for combating the persistent discrimination at work; it has promoted the establishment of forums with the participation of trade unions and civil society and participates in the Tripartite Committee on Equality of Opportunity and Treatment in the World of Work (CTIO). Furthermore, it has developed a programme entitled “Real equality now! State consensus on combating discrimination against women”, and under the subprogramme entitled “Equality at work between men and women”, various activities and studies are being carried out with the participation of the ILO, including on the situation of women migrant workers. The INADI is also promoting a Code of Good Practice for equality between men and women at work. Furthermore, the INADI is developing activities to promote the integration of persons with disabilities into employment and is preparing a report on the monitoring of the application of the National Anti-discrimination Plan. The Committee would be grateful if the Government would provide extracts from the above report relating specifically to non-discrimination in employment and occupation, and provide information on the impact of the various measures adopted and on the collaboration with employers and workers to implement these measures.

Public sector. The Committee notes with interest that section 125 of the 2006 General Collective Labour Agreement for the Central Public Administration provides that the parties agree to eliminate any measure or practice which produces discriminatory treatment or inequality between workers based on political opinion, trade union membership, sex, sexual orientation or preference, marital status, age, nationality, race, ethnic group, religion, disability, physical characteristics, AIDS, or any other action, omission, segregration, preference or exclusion which damages or contradicts the principle of non-discrimination and equality of opportunity and of treatment, both in access to employment and during an employment relationship. Please provide information on the application of this section in practice, both on promotional activities and on any complaints made and the action taken in response to such complaints.

Communication of the General Confederation of Labour of the Republic of Argentina (CGTRA). The Secretariat for Equality of Opportunity and Gender of the CGTRA indicates that the official line is one of strong support for equality but that difficulties are encountered in ensuring the application of the principle of gender equality in practice, and that in the trade union sphere there has still not been any clear progress. It points out that the Executive Board of the CGTRA is composed of 23 persons, of whom five are women and 18 are men. It indicates that the CTIO, a body under the Ministry of Labor, is a key body for the achievement of equality of opportunity in the public sector, but that it has not yet developed the capacity to respond effectively. It points out that difficulties are encountered with regard to the application of Act No. 25.674 on a quota in trade unions and that the Secretariat for Equality of Opportunity and Gender of the CGTRA has submitted numerous complaints to the CTIO of repeated violations of the Act, but measures to ensure its effective application have not yet been taken.

The Government reiterates that, according to the Act on a quota in trade unions, every collective bargaining unit shall be composed of a number of women representatives that is proportional to the number of women workers in the branch or activity concerned. It indicates that differences are observed in the representation of women according to the level of trade union association: in trade unions, the percentage is 22 per cent, in confederations it is 17 per cent and in federations it is 13 per cent. Between 2004 and 2006 the participation of women increased overall by 6 per cent. The Committee requests the Government to continue its efforts to strengthen the action in the CTIO and to ensure the effective application of the Act on a quota for trade unions, and to provide information in this regard, including on the representation of women on trade union executive bodies and on the action taken by the CTIO in response to complaints of violations of the Act on a quota for trade unions.

Communication of the Confederation of Argentinean Workers (CTA). The Committee notes the comments made by the CTA, received on 12 September 2007, and the Government’s reply, received on 21 July 2008. The communication refers to domestic workers, undeclared work, migrant workers, interns and members of indigenous peoples.

Domestic workers, migrant workers and declared work. In its communication, the CTA indicates that 92.7 per cent of domestic workers are undocumented and that if they are documented, the law treats them in a less favourable manner than other workers. The Government indicates that women domestic workers are among the most vulnerable groups and that in 2005, the Government implemented new measures to promote the registration of domestic workers. It also indicates that the large majority of women domestic workers come from neighbouring countries, as a result of which it has implemented the Patria Grande Plan, complementing the Migration Act No. 25.871, National Directorate of Migration provision No. 53.253/05 intended to facilitate their regularization. This Plan was welcomed by the other MERCOSUR countries and partner States at the XVI Ibero-American Summit of November 2006. Under this Plan, 227,339 migrants have been regularized. Furthermore, the Government indicates that although the statutory schemes for domestic employees are different from those for other employees, section 21 of Act No. 25.239 establishes a special compulsory social security scheme for domestic workers under which the contributions are payable by the employer. Taking into account that the majority of domestic workers, both national and foreign, are women, the Committee points out that in many countries, domestic work is generally undervalued and poorly paid due to gender stereotypes. The Committee recalls that, under the Convention, all workers, including domestic workers, should enjoy equality of opportunity and of treatment in all aspects of employment and not just with regard to social security. The vulnerability and lack of recognition within society of domestic workers places these workers at particular risk of suffering discriminatory practices, in particular on the basis of sex, race, colour and national extraction. It is therefore necessary to adopt legal and practical measures which ensure effective protection against discrimination on the grounds listed in the Convention. The Committee hopes that the National Anti-Discrimination Plan will pay special attention to the employment situation of domestic workers. The Committee requests the Government to provide information on all measures adopted or envisaged, including by the INADI, to ensure that domestic workers are not discriminated against in employment and occupation. It also requests detailed information on the legal provisions applicable to domestic workers, both national and foreign. Please also indicate the number of domestic workers that have been regularized under the Patria Grande Plan.

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