Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Costa Rica (Ratification: 1962)

The Committee notes the information supplied in the Government’s report and the attachments to the report. The Committee requests the Government to provide information on the following matters.

1. Referring to its general observation of 2002, the Committee notes the information supplied by the Government on Act No. 7476 to combat sexual harassment in employment and in the teaching profession. The Committee notes that the Act provides for a complaints procedure, protection for persons involved in the procedure and measures to disseminate these mechanisms in labour and education circles. The Committee also notes the draft reform of the above Act and a bill to punish violence against women. The Committee would be grateful if the Government would send the texts of the above bills to the Office and to report on any progress in the adoption of new legislation.

2. The Committee referred in its previous comments to the various provisions on discrimination at work. The Committee notes with interest that a bill has been drafted and submitted to the Legislative Assembly (file No. 15.051) which includes even more grounds of discrimination than Article 1 of the Convention (age, ethnic group, gender and religion). The Committee observes that, unlike the Convention, draft new section 619(a) of the Labour Code does not mention "national extraction" among the grounds of discrimination. The Committee reminds the Government that discrimination on grounds of national extraction covers the case of discrimination due to the nationality of a person’s forebears: for example, a person may be of Costa Rican nationality but suffer discrimination because of the nationality of his or her parents or grandparents. The Committee would be grateful if the Government would indicate whether the term "ethnic group" covers persons liable to suffer discrimination of the kind described above.

3. The Committee notes with interest the numerous measures adopted and envisaged by the National Institute for Women (INAMU) for the period from 2000 to 2006 to secure gender equality and equity in labour matters, of which the following deserve special mention: (a) strengthening the framework afforded by policies, standards and programmes to ensure that the national policy for gender equality and equity is conducted with the full commitment of the State, and that it is translated into mandatory targets to be achieved by the institutions involved in its development; (b) increasing and strengthening women’s capacities ranging from their diversity to all areas in which they participate, to enable them to assume responsibility in the filing of complaints and claims; (c) eradicating social and cultural patterns conducive to discrimination and violence against women; (d) raise awareness of women’s rights among the staff of services that deal with labour relations and employment and the staff of inspection services; and (e) acquaint women with the existence of complaints procedures and how they work. The Committee notes that women’s economic rights at work constitute one of the guiding threads of the goals set by INAMU and are the focus of the project "Labour Recognition for Public and Private Organizations that Develop a Gender-Equity Management System (SIGEG)", which is already under way. The Committee further notes the activities conducted by the Inter-institutional Committee for the Measurement of Female Labour to coordinate joint efforts by institutions with a view to making women’s contribution to national development more visible. The Committee also takes note of the publications produced in the "non-sexist education series" designed to instruct teachers on how to incorporate a gender component in the various assignments and courses offered by the Gender Equity Unit in 2002 and 2003 in order to raise awareness of women’s rights among men and women. The Committee notes that a handbook of good labour practices was prepared in 2002 which includes information on the reporting of cases of sexual harassment and gender discrimination at work and that guidelines have been prepared on introducing a gender perspective in labour. Furthermore, a labour helpline "800-Trabajo" has been established and the data collected show that most callers seek information concerning pregnancy and breastfeeding, and sexual harassment. The helpline also gives advice on the machinery for complaints and follows up on complaints lodged. The Committee trusts that the Government will be in a position to provide information in its next report on the contribution made by the various programmes, projects, publications and activities mentioned above to achieving gender equality and equity in the labour market.

4. The Committee notes with interest the text, appended to the report, of Ministerial Directive No. 7 of 19 September 2001 on the treatment of discrimination cases which was issued to the National Labour Inspection Department. The Committee would be grateful if the Government would report any complaints and infringements recorded in the implementation of the Directive.

5. The Committee notes that, according to the Government, there are no specific programmes to support the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population, because the Constitution establishes that all are equal before the law. The Committee recalls its previous comments in which it pointed out that although a prerequisite, appropriate legislation is not in itself enough to secure effective application of the Convention: practical measures are needed in order to promote access for some vulnerable groups on the basis of equality of opportunity and treatment. The Committee would be grateful if the Government would provide information on the black population’s status in the labour market, such as statistical data by region showing the percentage of unemployment of this population and its participation rate in the various zones and at various levels of occupation. The Committee refers the Government in this connection to its comments on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

6. The Committee notes the statistical information on the enterprises that come under the free zone which the Government sent with its report. It would be grateful if the Government would take the necessary steps to ensure that in future these data are disaggregated by sex so that the Committee may assess women’s participation and status in this sector.