Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. The Committee notes that “national extraction” is included among the grounds of discrimination in the Act to Prohibit Discrimination at Work, No. 2694 of 1960.

2. Article 2. The Committee takes note of the various labour-related programmes, projects and activities undertaken by the National Institute for Women (INAMU) in pursuit of equality, including gender equality and gender equity. Noting also that the Government’s report refers to the National Plan for Gender Equity at Work, the Committee would be grateful if the Government would provide information on the plan and its practical impact on INAMU’s activities and new agenda items that have a bearing on the application of the Convention.

3. Gender Equity Unit. The Committee notes with interest the aims and functions of the Gender Equity Unit of the Ministry of Labour and Social Security, the institutional measures undertaken in 2003 and the resulting statistical data. The Committee asks the Government to continue to provide information on the activities of the abovementioned Unit and their practical outcomes.

4. Race and colour. With regard to point 5 of its previous direct request, the Committee notes that as far as it is able, the Government will take the necessary steps to ensure that the module concerning ethnicity is included as a regular and permanent feature of all future household surveys so that it will be able to provide accurate information on the integration of the indigenous and black populations into the labour market with the same opportunities and treatment as the rest of the population. The Committee trusts that the Government will be in a position to provide this information in its next report along with information on specific measures adopted to promote the application of the Convention in relation to the abovementioned groups.

5. Labour inspection. Noting that there have been no complaints and violations reported pursuant to Ministerial Directive No. 7 of 19 September 2001, issued by the National Labour Inspection Department in order to address cases of discrimination, the Committee notes with interest Presidential Directive No. 010‑2003 laying down the circumstances that constitute labour discrimination and empowering the Labour Inspectorate to investigate complaints and, in the occurrence of any of these circumstances, take relevant action to remedy the matter in accordance with the labour law in force. The Committee requests the Government to keep it informed of the outcome of the implementation of the abovementioned directive, indicating the number and nature of the cases of discrimination identified by the Labour Inspectorate and/or referred by other agencies of the Ministry, together with a copy of summaries of inspection reports. The Committee also requests information on the outcome of the complaints, including the action taken and any penalties applied, and requests copies of any administrative and/or judicial decisions.

6. Assistance service. The Committee notes the Gender Equity Unit’s labour helpline and assistance and follow-up service for special cases of discrimination and sexual harassment, and the statistical results. The Committee requests the Government to report on any complaints and/or legal action resulting from the special cases dealt with by the Unit and on any follow-up.

7. Export processing zone. The Committee notes that the Government is ready to take the necessary steps to have the statistical data referred to in point 6 of the previous direct request disaggregated by sex. The Committee trusts that the Government will be in a position to provide such statistical information in its next report.

8. Sexual harassment. The Committee notes the Government’s efforts to secure the adoption by the Legislative Assembly of the draft Bill to amend the Act against Sexual Harassment in Employment and Teaching, and the Bill to “penalize violence against women”. The Committee urges the Government to step up its efforts to secure the enactment of these two important laws to ensure equality of treatment and opportunity in employment and occupation, and asks it to report on the status of the two bills.