Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Civil Service and Administrative Careers Act. The Committee notes that on the Act’s entry into force, all active public service officials and employees covered by the Act were incorporated into the civil service system but have not been integrated into the administrative career system, as the process of accreditation and appointment will be put in place progressively. According to the report, since a civil service appeals committee has not yet been formed, the Labour Code is being applied temporarily to bridge the gap. Please provide further details on the aims, content and progress with respect to the accreditation and appointment for administrative career posts and indicate whether the appeal system provided for in the Labour Code can be used in this context. Please also supply information on any appeals submitted alleging discrimination on any of the grounds covered by the Convention, and any follow up action taken. The Committee again asks the Government to supply information on how it  ensures that there is no discrimination based on national extraction as laid down by Article 1(a) of the Convention in practice.

2. Policies to promote gender equality. The Committee notes the various measures adopted to combat discrimination against women in the context of the Strategic Plan 2002–06 of the Nicaraguan Institute for Women (INIM). It notes the various general measures taken with regard to violence against women and family violence, and in other fields in which awareness raising and dissemination activities have been undertaken. It also notes with interest the measures to promote the integration of women and particularly rural women in the labour market, and also facilitating access to credit, institutionalization of the rural women’s annual meeting and of women involved in rural micro-enterprises, gender mainstreaming in the private sector and also local development and other programmes. It also notes that the Programme for Transformation and Modernization of the Ministry of Labour (MITRAB) has established the Equal Opportunities Office for gender mainstreaming in labour policies. The Committee would be grateful if the Government would continue to supply information on the impact of the abovementioned measures and on any new measures adopted. The Committee also asks the Government to continue to provide information on the activities of the Equal Opportunities Office, including forwarding any activity reports that it has published.

3. The Committee notes that the system of gender-based indicators (SIEG) is being revised and updated and requests the Government to continue supplying information on it.

4. Sexual harassment. The Committee notes the information supplied concerning legislation and measures adopted with respect to sexual harassment. However, it notes that none of these address sexual harassment in the workplace. The Committee requests the Government to consider adopting specific legislation and practical measures with the aim of prohibiting and effectively preventing sexual harassment in the workplace, in line with its general observation of 2002, and asks it to keep the Committee informed in this respect.

5. Export processing zones. The Committee notes that, between 2003 and 2005, 567 inspections were conducted in the export processing zones where 122,008 persons work, and a system of reinspection and monitoring was implemented to follow up the recommendations further to reports of violations of labour matters. Please provide information on the manner in which account is taken of gender-based discrimination in these inspections and please also supply extracts of reports on any violations which are verified with regard to discrimination against women, including related to pregnancy, sexual harassment and differences in pay. Please also supply information on measures and programmes that have been adopted and activities that have been undertaken to promote equality of opportunity and treatment in the export processing zones.

6. Indigenous peoples and ethnic communities. The Committee notes with interest that Act No. 445 concerning demarcation and certification of indigenous territories, which entered into force on 23 January 2003, has established a series of institutions such as the National Committee for the Demarcation and Certification of Indigenous Territories in order to regulate, demarcate, certify and develop indigenous community property on the Caribbean Coast. The Act also reiterates the obligation of consultation by the autonomous municipalities and regions in cases where the central government wishes to grant licences concerning the subsoil or declare protected areas in traditional communal territories. Apart from the legal mechanisms, the Plan for the Development of the Caribbean Coast of Nicaragua (NICARIBE) has been implemented, which constitutes a proposal for the construction of a planning and resource assignment model for the region with the participation of the autonomous regional governments, municipalities and indigenous communities. The Committee requests the Government to continue supplying information on the way in which Act No. 445 is being applied, on the impact of the stated measures and plan with respect to education, health, access to credit, land, and employment and occupation of the indigenous peoples, and on their application in practice.

7. The Committee also notes that the regional education system and the regional health system are in the final stage of implementation. The Committee would be grateful if the Government would supply an evaluation of their results. It also asks the Government to supply statistical information on the level of school attendance of the indigenous population of the Coast, on their situation with regard to employment and occupation, and on their income compared to that of the non-indigenous population. Please also supply information on the situation of other indigenous communities which do not live on the Caribbean Coast and on the existence of any policies to promote equality of opportunity and treatment for the members of those communities.

8. Cooperation of employers’ and workers’ organizations. The Committee notes the participation of employers’ and workers’ organizations in the adoption of the national employment plan, by Executive Decree No. 30-2006, which incorporates the national policy for equal opportunity and treatment with regard to employment. The Committee asks the Government to continue to supply information regarding cooperation with workers’ and employers’ organizations regarding the promotion of equality in practice, in particular with respect to the adoption of measures in the export processing zones and the adoption of policies and measures against sexual harassment in the workplace.