Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Civil Service and Administrative Careers Act. The Committee notes the information provided by the Government concerning the processes of accreditation and assignment of officials in employment and the new entry into the administrative career. The Committee also notes that the implementation of the job classification and human resources management system is progressive and that the job classification system has been introduced into 31 institutions in the civil service. The Committee requests the Government to provide information on the implementation of the job classification system in the remaining institutions of the civil service and to provide updated statistical data on the number of women and men employed at the various levels of the public service, disaggregated by race, colour and national extraction. As section 1(3) of the Civil Service and Administrative Careers Act does not refer to discrimination on the ground of national extraction, as set out in Article 1(1)(a) of the Convention, please indicate the manner in which protection against discrimination on the basis of this ground is ensured.

The Committee notes that in March 2007 members were appointed to the Civil Service Appeals Commission, which is the body of second instance entrusted with hearing and settling appeals lodged by public servants. The Committee notes that the Ministry of Labour has not been notified of any action or appeal brought in relation to discrimination on the grounds covered by the Convention. The Committee requests the Government to provide information on cases of discrimination based on the grounds enumerated in Article 1 of the Convention which have been filed with the Civil Service Appeals Commission and its decisions on such cases.

Policies to promote gender equality. The Committee notes the adoption of the Act on equality of rights and opportunities, No. 648, published on 12 March 2008, which sets out the general principles on which public policies have to be based which are intended to guarantee effective equality between women and men in, among others, the economic, social and cultural fields. The Committee also notes that the Nicaraguan Institute for Women (INIM) is now attached to the Office of the President of the Republic, and no longer to the Ministry of the Family, with a view to raising its influence on Government decision-making processes. It notes that the INIM formulated a proposal for the Government’s gender policy, setting out 12 strategic priorities to achieve effective equality between men and women, and that the INIM is currently implementing a programme for the promotion of gender equity and the eradication of violence against women in 26 municipal areas. The Committee requests the Government to provide information on the following:

(i)    the implementation of the Act on equality of rights and opportunities with regard to the promotion of equality of opportunity and treatment for men and women in employment and occupation;

(ii)   the INIM’s initiatives that are related to the application of the Convention and their impact; and

(iii) the measures adopted in the context of the Programme for the Promotion of Gender Equality and the Eradication of Violence, particularly with regard to women organized in trade unions, women in rural communities and women workers in export processing zones (maquilas).

The Committee also notes the concluding comments of the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NIC/CO/6 of February 2007), which expressed its concern at the limited coordination of the different sectoral policies, programmes and plans with those focused on the promotion of gender equality.

The Committee also notes that in June 2008 the Inter-Institutional Network for Equality and Non-Discrimination in Employment was established with a view to strengthening the labour legislation to promote respect and effective compliance with equality of rights and opportunities as part of a new labour culture. The Committee requests the Government to provide information on the action promoted or undertaken by the Inter-Institutional Network and the impact of this action on the promotion of equality in employment and occupation, as well as on the manner in which the Inter-Institutional Network and other bodies ensure the coordination of policies and programmes of equality in employment and occupation. The Committee also requests the Government to provide further information on the use of gender indicators and their influencing the formulation of public policies for equality in employment and occupation.

Policy for Equality of Access to Work and Better Employment Opportunities. The Committee notes that the Policy for Equality of Access to Work and Better Employment Opportunities focuses on women, persons with disabilities and persons living with HIV/AIDS and that machinery is being developed to increase knowledge of the labour rights of pregnant women, persons with disabilities and persons living with HIV/AIDS. Furthermore, it notes that efforts are being made to endeavour to prevent discrimination in recruitment through the prohibition of any type of medical examination that is not consented to by the worker, such as laboratory tests not envisaged by the law, pregnancy tests, HIV/AIDS tests, the taking of fingerprints and exhaustive medical examinations. Please provide information on the implementation of the Policy for Equality of Access to Work and Better Employment Opportunities, and particularly the progress achieved in relation to the protection and promotion of equality of treatment and opportunities for pregnant women, persons with disabilities and persons living with HIV/AIDS.

Sexual harassment. The Committee notes that Executive Decree No. 30‑2006, issuing the National Employment Policy, provides that effective machinery shall be established to ensure that women workers receive due consideration and respect for their dignity, integrity and freedom in the working environment, with the prevention and punishment of practices of physical and verbal ill-treatment, harassment, blackmailing and moral and sexual aggression. It also notes that the new Labour Inspection Guide includes inspection relating to situations of sexual harassment at work in its sections. The Committee requests the Government to provide information on the measures that have been taken and the machinery that has been established to ensure that workplaces are free from sexual harassment. Furthermore, recalling its 2002 general observation on this subject, the Committee requests the Government to specify the penalties envisaged for persons committing sexual harassment at work and to provide information on the consideration that is being given to the adoption of specific legislation with a view to effectively prohibit and prevent sexual harassment at the workplace.

Export processing zones. The Committee notes that, according to the labour inspection statistics for 2007, a total of 82 inspections of enterprises covered by the export processing zone regime were undertaken, covering a total of 67,600 workers, of whom over 39,500 were women. According to the labour inspection statistics for 2008, a total of 96 inspections were undertaken of enterprises covered by the export processing zone regime, covering over 64,500 workers, of whom 35,088 were women. According to the labour inspection report, 20 violations were detected of the new provisions respecting equality and non-discrimination, of which 58 per cent were corrected. The Committee requests the Government to continue providing information on the measures and programmes adopted and the activities undertaken to promote equality of opportunity and treatment in export processing zones. The Committee would also be grateful to be provided with information on the progress made in promoting the conclusion of agreements to guaranteeing decent working conditions and equitable wages for women working in export processing zones, as envisaged in section 19(9) of the Act on equality of rights and opportunities, No. 648.

Indigenous peoples and ethnic communities. The Committee notes that, according to the indication in the document on the National Employment Policy, the particular forms of exclusion confronting indigenous peoples limit their opportunities to gain access to decent work. According to this document, this situation is a result of various phenomena, including persistent social and cultural discrimination, the enormous inequalities faced by indigenous peoples in access to productive resources, economic opportunities and public services, the limitations on the supply of their principal productive resources, such as land, terrain and natural resources, and the proliferation of economic projects which may affect their agricultural production, result in the plundering of their lands and end up marginalizing them from development. The Committee requests the Government to provide information on the measures adopted to promote and ensure equality of opportunity and treatment in employment and occupation for indigenous peoples and communities of African descent, including information on the measures adopted or envisaged to address the factors identified in the National Employment Plan as obstacles to the access of indigenous peoples to decent work. Furthermore, the Committee once again requests the Government to provide information on the following:

(i)    the manner in which Act No. 445 respecting demarcation and title to indigenous lands is applied;

(ii)   the impact of the Development Plan for the Caribbean Coast of Nicaragua (NICARIBE) on the education, health and access to credit, land and employment and occupation of indigenous peoples;

(iii) statistics on the school attendance levels of the coastal indigenous population, their situation with regard to employment, occupation and income in comparison with the non-indigenous population; and

(iv)  the situation of other indigenous communities that do not inhabit the Caribbean coast and the existence of any policies to promote equality of opportunity and treatment for the members of such communities.

Cooperation with employers’ and workers’ organizations. The Committee reiterates its request for information on cooperation with the social partners in the promotion of equality, particularly with regard to the adoption of measures in export processing zones and the adoption of policies and measures against sexual harassment in the workplace.

Awareness raising and labour inspection. The Committee notes that action is being coordinated with the labour inspection services for promotion and awareness raising concerning the principles of non-discrimination and gender equality. It also notes that a specific section has been included in the Technical Guide for Inspection on “equality and non-discrimination”. Furthermore, the Committee notes that in 2008, according to the report of the labour inspection services, 338 violations relating to discrimination were identified, of which 56 per cent were corrected. The Committee requests the Government to provide information on promotional and awareness-raising measures that are coordinated with the labour inspection services and their impact in terms of reducing violations of the principle of gender equality, including information on whether similar action is being taken in relation to the other grounds of discrimination covered by the Convention. Please also continue providing information on the results of labour inspections, the measures adopted in respect of violations of equality and non-discrimination provisions and the penalties imposed.