Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Nicaragua (Ratification: 1967)

1. The Committee notes the information contained in the Government's report, which refers to the equality provisions contained in the Constitution and in the national legislation. Noting that no reference is made to the public sector, the Committee requests the Government to indicate the manner in which the policy of promoting equality of opportunity and treatment is implemented for workers whose employment is subject to the direct control of a national authority. The Committee requests the Government to state whether Act No. 70 of 1990, on the civil service and administrative careers, which in section 25 established the right to apply for a public service post regardless of age, sex, colour, political creed or religion, and which was suspended while awaiting the adoption of the regulations under Legislative Decree No. 8/90, (and modified by Act No. 101) continues to be suspended, has been regulated, or has been replaced. It also requests it to provide copies of the laws, conditions of service and regulations governing public officials and employees in state enterprises, with particular reference to practices and procedures for recruitment, promotion, conditions of work, dismissal and channels of appeal. As already pointed out by the Committee, pursuing a policy of equality of opportunity in public sector employment is of particular importance as a means of promotion and integration, and may open the way to all other measures. It has a role to play in setting an example (paragraph 176 of the 1988 General Survey on equality in employment and occupation).

2. The Committee notes that, according to the Government's report, indigenous peoples and ethnic communities on the Atlantic Coast are entitled in their region to intercultural education in their maternal language, in accordance with the law, since the Act respecting the autonomy of the Atlantic Coast establishes the principle of equality of opportunities. In this respect, the Committee would be grateful to be provided with information on the effect given in practice to the Act respecting autonomy, with an indication of the provisions which are currently being applied and those which depend on the regulations to be issued under the Act. Furthermore, it notes that under section 5 of the Labour Code of 1996, "the Ministry of Labour shall publish the Labour Code and Internal Labour Regulations in the languages of the indigenous communities of the Atlantic Coast. Collective agreements and other documents which affect the workers of those communities shall also be issued in these languages". The Committee would like to be informed whether these translations have been carried out and would be grateful to be provided with copies of them.

3. The Committee also requests the Government to indicate the manner in which Article 3(a) of the Convention is applied, including the methods through which the cooperation of employers' and workers' organizations and other appropriate bodies is sought in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment.