Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. National gender equality policy. The Committee notes the detailed report provided by the National Institute for Women (INAMU) on the changes which occurred during the period covered by the report. It notes the National Gender Equality and Equity Policy (2007–17), which establishes six strategic objectives. It notes in particular that the first three objectives are related to employment: the first concerns childcare as a social responsibility through the improvement of the provision of services and the promotion of shared responsibility between women and men; the second proposes the removal of the principal causes of wage gaps between women and men; and the third concerns training activities which should cover all children by 2017 with a view to removing the stereotypes which hinder equality between men and women. The INAMU has also provided constant support to the Gender Unit of the Ministry of Labour and Social Security (MTSS) for the implementation of the Plan of Action for Gender Equality and Equity 2003–06, is collaborating with the above Unit for the mainstreaming of a gender approach in the MTSS and is exerting pressure on the National Employment Information, Guidance and Placement System. The INAMU indicates that it may be concluded that women’s participation in the labour market has increased, but has not been accompanied by a significant improvement in their living conditions or quality of employment. A strategic activity in this respect promoted by the INAMU consists of employment recognition for public and private organizations which have developed a Gender Equity Management System (SIGEG). A survey carried out by the INAMU in collaboration with the MTSS and the ILO shows that there are organizations in Costa Rica concerned to offer women better employment opportunities and efforts are being made to ensure that more organizations adopt similar measures. The Committee welcomes the systematic efforts that are being made and requests the INAMU to continue providing information in this respect. Noting the information contained in the paragraph on the promotion of the National Employment Information, Guidance and Placement System and the reference to the difficulty of obtaining the approval of the Bill due to its wording, the Committee requests additional information on the content of the Bill and on the action taken to promote equality for women in the context of the above system. The Committee also notes the action undertaken by the Gender Equity Unit of the MTSS, with particular reference to the preparation of a guide on good labour practices in relation to gender, which has been applied in 30 enterprises, and it would be grateful if the Government would provide a copy of the guide on good practices once it is published. It would also be grateful if the Government would continue to provide information on the activities carried out by the Gender Equity Unit.

2. Complaints. The Committee notes that, during the period covered by the report, the records kept by the National Directorate of Inspection do not contain any type of complaint relating to the Convention. The Committee considers that the absence of complaints does not mean that the principle of the Convention is being applied, but that the means used by inspectors may not be appropriate for detecting infringements. The Committee requests the Government to provide information on the manner in which the labour inspectorate operates for the detection of cases of discrimination and on the training provided to inspectors in this regard.

3. Assistance services. The Committee notes that, according to the Gender Equity Unit of the MTSS, most of the cases of sexual harassment that it addresses do not go on to the level of becoming official complaints, and remain at the level of advice and guidance. Please indicate the possible reasons why such cases do not reach the level of complaints, and whether any changes occur once the planned amendments to the Act to combat sexual harassment are implemented.

4. Export processing zones. The Committee notes that in 2006 a total of 25,858 men (60 per cent) and 17,344 women (40 per cent) worked in export processing zones. The Committee requests the Government to indicate the distribution of men and women in the various categories of occupations in export processing zones and the corresponding levels of the wages received by men and women in these zones.

5. Race and colour. The Committee notes that, according to the National Institute of Statistics and Census, it is hoped to be able to introduce improvements and include ethnic origin in the compilation of data, possibly as from 2008. The Committee hopes that the Government will be in a position to provide precise information on the indigenous and black population in the labour market and requests it to provide detailed information on the national policy of equality of opportunity and treatment in employment and training for indigenous and black people.

6. Other grounds of discrimination. The Committee notes that the Government has provided detailed information which reflect its efforts to achieve gender equality. The Committee would be grateful if the Government would provide more detailed information on the other grounds of discrimination prohibited by the Convention.