Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee referred to the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate penalties for the offenders, whether they are employers or workers. The Committee recalled that addressing sexual harassment only through criminal proceedings is normally not sufficient. The Committee notes the Government’s indication that it is not possible at present to amend the Labour Code, that the existing provisions are in conformity with the Convention, and that the Ministry of Labour and the labour inspectorate have not received any complaints of sexual harassment. The Committee once again requests the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that expressly covers both quid prod quo and hostile working environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and penalties for offenders, whether they are employers, work colleagues or clients. The Committee also asks the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors and on any complaints of sexual harassment in the workplace filed with the labour inspectorate or the judicial authorities.

Discrimination on the basis of political opinion. The Committee refers to the comments of the Trade Union Unification Confederation (CUS) on the dismissal of many public sector workers for not subscribing to the ideology of the political party of the current Government and on the need to conduct an investigation in order to determine whether discrimination occurs for political reasons. The Committee notes the Government’s indication that discrimination for political reasons does not exist in the country, but does not refer to any investigation being conducted. The Committee requests the Government to provide specific information on the measures taken under the national equality policy, including awareness raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asks the Government to report any complaints in this regard filed with the administrative or judicial authorities.

Article 2. Public service. The Committee notes the information provided by the Government on the job classification system based on abilities, merit, responsibilities and equality. The Government also indicates that there is a higher percentage of women than men in central administration executive and director level positions. Moreover, the Committee notes that the “Statistical data on gender equality and equity in Nicaragua” of 2013, published by the National Assembly, show that women’s participation in the country’s political activities has increased significantly (women hold 42.39 per cent of the seats in the National Assembly and more than 50 per cent of ministerial posts, and they represent 29 per cent of Supreme Court members, 57 per cent of judges and 33 per cent of police personnel). In addition, various state institutions have adopted gender equality policies and most of them have established units or offices specializing in gender. The Government adds that the Civil Service Appeals Committee has not examined any complaints of discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service. The Committee requests the Government to include statistical information in this regard.

Policies to promote gender equality. Private sector. The Committee notes the information provided by the Government on the measures and programmes adopted under the National Employment and Decent Work Policy that have targeted both men and women, and consist of active employment policies through free employment services (68.5 per cent of the beneficiaries were men and 31.5 per cent were women) and support for self-employment, and enterprise and training and development activities. Moreover, various programmes aimed at giving women greater access to credit and to technical assistance in production have been adopted. In this regard, the Government refers to Act No. 717 of 2010 establishing the gender equity land purchase fund for rural women. It also refers to the establishment of childcare centres, which have enabled many women to enter the labour market or to extend their hours of work, and indicates that the practice of including specific clauses for working women in collective agreements has continued (of the 58 collective agreements that have been concluded, 45 include specific clauses for women). The Committee notes, however, that according to the World Bank report Women, business and the law 2014, the female labour force participation rate is 49 per cent. The Committee requests the Government to provide information on the specific measures taken, including the measures adopted by the Nicaraguan Institute for Women, with a view to increasing women’s labour market participation and on their impact. The Committee also asks the Government to provide further information on access to credit and land ownership measures for women and the results of their implementation, as well as on the impact of training and entrepreneurial development activities on women’s labour market participation, including in non-traditional occupations, and to provide statistics in this regard. The Committee further requests the Government to provide information on any measures adopted with a view to eliminating stereotypes surrounding the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibilities benefit both men and women workers.

Article 2. Non-discrimination and equality of opportunity policies. The Committee notes the information provided by the Government on the prohibition of mandatory HIV/AIDS testing of both men and women for access to employment, on the awareness-raising activities that have been carried out, including in export processing zones, and on the measures adopted to assist the labour market entry of persons with disabilities, which have benefited 156 workers. The Government also refers to national legal provisions that afford protection against discrimination and indicates that there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social status. In this respect, the Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 731 and 847). The Committee requests the Government to take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted, and to provide information on their impact on the various sectors of the population, including those working in export processing zones, and on the difficulties encountered in fully applying the Convention in respect of, in particular, the grounds for discrimination set forth in Article 1(1)(a).

Awareness raising and labour inspection. The Committee notes the information on the inspections conducted by the labour inspectorate in relation to discrimination in access to employment based on sexual orientation and that, pursuant to Act No. 664 of 2008 on the labour inspectorate, labour inspection guidelines, with a section entitled “Equality and non-discrimination”, have been adopted. The Committee requests the Government to continue providing information on the activities carried out by the labour inspectorate in relation to the application of the Convention and, in particular, to provide a copy of the labour inspection guidelines and to report on the results of their application and the obstacles encountered.