Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

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 remuneration 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 supplementary report, the Government emphasizes the fact that at the global level Nicaragua continues to occupy fifth place in the Global Gender Gap Index in 2020, achieving a 80.4 per cent reduction in inequality between men and women. Women occupy more than 50 per cent of decision-making posts in the legislative, executive and judicial authorities, in the Government cabinet, local governments, and in senior management in decentralized autonomous entities. 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 it has increased the number of women judges in the Supreme Court of Justice by 37 per cent and the number of women judges in the Appeal Courts by 47 per cent. Moreover, two of the four chambers are presided over by women judges of the Supreme Court, and one woman judge is the president of the highest body of the judiciary. Four of the eight Appeal Courts are presided over by women judges. A total of 64 per cent of posts in the judiciary are held by women, and in the administrative service 285 out of 465 senior management posts, 1,045 out of 1,797 executive posts and 1,281 out of 2,771 operational posts are occupied by women. 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. Lastly, the Government recalls that the Judiciary Commission on Gender (established in 2003 to improve access to justice for women and to promote diligent and efficient judicial action which respects and protects women’s rights) is the body that implements gender mainstreaming. The Government indicates that the Judiciary Commission on Gender currently comprises five women, including the president of the Supreme Court. Thanks to the existence of this Commission, significant changes have been made to promote and protect gender equality. The Committee duly notes the information provided. The Committee requests the Government to continue providing information on progress made in gender policies being implemented in the context of the public service.

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. The Committee notes the Government’s indication in its supplementary report that in the period from January to July 2020 a total of 33 collective agreements were registered, of which 16 were negotiated and 17 had their validity extended. In addition, five collective agreements were adopted in industrial export processing zones, of which four were negotiated and one had its validity extended. The Committee notes that, according to the information supplied, the specific benefits for women include breastfeeding breaks, birth allowances, incentives and celebrations on special days for mothers, secretaries and women in general; guarantees and benefits for pregnant women; and payments of prenatal and postnatal allowances. The Committee requests the Government to indicate whether the above-mentioned collective agreements include, in addition to the aforementioned benefits, clauses that promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on any collective agreements signed in the future that contain clauses to this effect.

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. The Government indicates that in March 2020 there were 60.2 per cent women and 39.8 per cent men in the public sector. Concerning the gender pay gap, the Government indicates that in 2017, men earned 9 per cent more than women. As of September 2019, the pay gap had decreased by nine per cent 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 of 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 of 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 remuneration 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. In addition, in its supplementary report, the Government adds that between January and December 2019: (1) the Ministry of Labour provided 1,367 women with advice, mainly in relation to: wages, job-related benefits, positions of trust, overtime, rest days and public holidays; and (2) protection of labour rights was provided for 9,720 women; of these, 7,716 who had been paid less for performing the same tasks as men were awarded a pay rise. 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.

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.