Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Nicaragua (Ratification: 1967)

Articles 1 and 2 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee requested the Government to indicate how the concept of equal pay for work of equal value is applied in practice and its impact in terms of reducing the gender pay gap. It also requested the Government to provide information on all activities conducted within the framework of the judiciary’s “Gender equality policy 2016–20” and the impact of those activities in terms of reducing the gender pay gap in the judiciary. The Committee also requested the Government to indicate whether other public bodies had adopted gender equality policies. In its report, the Government emphasizes that, in its 2018 Global Gender Gap Report, the World Economic Forum awarded Nicaragua fifth place in relation to its achievements in reducing the gender pay gap. With regard to the judiciary, the Government recalls that, in response to a growth in demand for judiciary services, in 2015 the overall number of judiciary staff increased by 60 per cent compared with 2008. The Government indicates that: (i) from 2015 to 2018, women judges’ participation increased from 21 to 31 per cent, and the number of women Appeal Court judges increased from 38 per cent to 47 per cent; (ii) 52 per cent of civil servants and employees in administrative positions were women and, nationwide, 59 per cent of senior management positions were held by women and 65 per cent of executive positions were held by women; (iii) between 2016 and September 2019, of the total number of officials in the judicial branch, on average, 64 per cent were woman and 36 per cent were men; (iv) during the same period, women made up the majority of all categories in the judicial branch, except the position of magistrate, of whom an average 34.61 per cent were women and 65.38 per cent were men, and the position of court notifier, of whom an average 19.58 per cent were women and 80.42 per cent were men. The Government therefore affirms that there is no salary gap between men and women of the same rank and that any differences are owing to hierarchical position. In other words, the judges of the Supreme Court of Justice have the highest salary, followed by the judges of the Court of Appeals. The Committee notes the information provided. Noting that there is a low proportion of women at the highest level of the judiciary, the Committee requests the Government to indicate the measures envisaged to increase the number of women able to access the highest positions in the legal profession, particularly in the Supreme Court of Justice. Noting that the Government has not indicated whether other public bodies have adopted a gender equality policy, the Committee once again requests the Government to provide this information.

Gender indicators. Noting that the Government merely recalls the participatory manner in which the Gender Mainstreaming Indicator System (SIEG) was adopted, as well as its objective of gender mainstreaming in its statistical output, the Committee once again requests the Government to indicate how this indicator is used in practice in order to measure the existing gender pay gap for work of equal value and provide information on the impact of the Gender Mainstreaming Indicator System in promoting the principle of the Convention.

Article 2(c). Collective agreements. In its previous comment, the Committee requested the Government to provide examples of signed collective agreements that guarantee the principle of equal pay for men and women for work of equal value, and information on the specific measures taken by the social partners within this framework, in order to reduce the pay gap. The Government indicates in its report that, as at September 2019, there had been no registrations of collective agreements establishing clauses guaranteeing the principle of equal pay for men and women for work of equal value. The Committee requests the Government to provide up-to-date information on the activities conducted by the Directorate-General of Collective Rights to encourage the inclusion of clauses guaranteeing the application of the principle of equal pay for men and women for work of equal value in collective agreements concluded by employers and workers.

Equal pay in the public sector. In its previous comments, the Committee requested the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by economic activity, and on the measures taken to encourage an increase in women’s participation in public-sector employment, including in managerial posts, and the impact of those measures in reducing the gender pay gap. The Government indicates that, between 2017 and 2018, it implemented measures to promote women’s labour market integration through microcredit programmes and productive investment projects for women in rural and urban areas. The Government also reports that, between 2017 and September 2019, awareness-raising and training campaigns were conducted for 15,986 women leaders, small entrepreneurs, and members of cooperatives for individual, family and community development to eliminate inequalities and to overcome poverty. Section 9 of Act No. 648 of 2008 has also been implemented, establishing a proportional percentage of women and men in elected offices at the national, regional and municipal levels and in the Central American Parliament, as well as their integration in decision-making bodies of the public administration and regional and municipal Governments. Concerning the statistical information on rates of pay for men and women in the public sector, the Government indicates that, in 2017, the public sector comprised 60.6 per cent women and 39.4 per cent men. Concerning the gender pay gap, the Government indicates that in 2017, men earned 9 per cent more than women. As at September 2019, the pay gap had decreased by one point to 8 per cent. Concerning the number of senior government officials, in 2017, there were 305 officials, 148 of whom were women and 157 were men. As at September 2019, there were 316 officials, of whom 151 were women and 165 were men. Of those officials, the average wage for men was 12 per cent higher from 2017 to September 2019. The Government also indicates that Decree No. 19 of 2007, issuing regulations for senior public officials in the executive branch, establishes the wage rates in accordance with the position occupied without any distinction. As at September 2019, of the 16 existing ministerial posts, nine are occupied by women and seven by men. Men receive a 0.03 per cent higher wage than women. The Committee notes the information provided and requests the Government to continue taking proactive measures to address the existing pay gap and provide information on all measures taken in this respect and on their impact. The Committee also requests the Government to continue providing statistical information on the rates of pay for men and women in the public sector, disaggregated by area of activity and position, so that progress made in reducing the gender pay gap may be evaluated over time.

Labour inspection. In its previous comments, the Committee requested the Government to provide information on labour inspection activities relating to the principle of equal pay for work of equal value, as provided for in the Convention, indicating the number and type of infringements reported or identified, as well as the penalties imposed and their results. The Government reports that, from 2017 to the first quarter of 2019, a total of 33,794 labour inspections were conducted, leading to the equalization of the wages of 25,516 women who had previously received lower pay than men who performed the same work and occupied the same positions. Concerning the identified infringements, 4,280 related to equality and non-discrimination and 14,566 to wages, among other infringements of labour and social security rights. The Committee requests the Government to continue providing information on labour inspection activities relating to the principle of equal remuneration for work of equal value as provided for in the Convention, indicating the number and type of infringements communicated or identified, as well as the penalties imposed and their results.

Application in practice. The Committee requests the Government to provide information on all relevant legal cases relating to the application of the principle of equal remuneration for men and women for work of equal value.