Individual Case (CAS) - Discussion: 2023, Publication: 111st ILC session (2023)

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

Discussion by the Committee

Chairperson – I would propose that we move to the next case on our agenda, which is the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in Nicaragua. Since we have more than 17 delegates registered to take the floor, the reduction of the time limit from 5 to 3 minutes will be applicable for other delegates.

Government representative – On behalf of the heroic working people of Nicaragua, the Government of National Unity and Reconciliation once more conveys fraternal greetings to all participants in this meeting.

With regard to the 2023 report of the Committee of Experts, we wish to make it clear that under article 27 of the Constitution of Nicaragua, “[a]ll individuals are equal before the law and have the right to equal protection. There shall be no discrimination based on birth, nationality, political belief, race, gender, language, religion, opinion, origin, economic position or social condition.” Nicaragua considers it unacceptable for this Committee to note reports of bodies that do not deal with labour matters. It is clear that attempts are being made to raise an issue that is not linked to the purpose or content of the Convention, or the provisions of the ILO Constitution or Standing Orders. This demonstrates, once again, interference and politicization through the raising of matters that are not labour matters. Since 2007, the Government of Nicaragua has been rolling out general social and economic development policies for all sectors of the population, including indigenous peoples and peoples of African descent. As a result, the Caribbean coast has been declared a priority area for human and socio-economic development, thus boosting the creation of employment for indigenous families and families of African descent. The steps taken to promote employment include the further extension of education coverage among indigenous peoples and peoples of African descent on the Caribbean coast thanks to the opening of technological colleges, including one in Bluefields, the Héroes y Mártires college in Puerto Cabezas, the Bernardino Díaz Ochoa college in Siuna and colleges in Waspam, Corn Island, Bonanza and Rosita. Students of different ethnicities, including students of African descent, follow technical education and training programmes in their own languages, set up under the National Plan against Poverty for Human Development 2022–26, which also provides for an intercultural health model in the autonomous regions; legal certainty in relation to property; water and sanitation; the supply of electricity on the Caribbean coast; management plans for the urban and rural sectors, and teacher training as part of the bilingual intercultural transformation at the early years, primary and secondary levels of education. Furthermore, the Plan contains provisions relating to assistance for families in producing food in diversified vegetable gardens, using crops native to the Caribbean coast; technology transfer to improve productivity on the Caribbean coast; the provision of capital to families through productive investment plans; strengthened partnerships and cooperative management and financing through a microcredit programme to promote entrepreneurship on the Caribbean coast. The Plan contains other provisions in the areas of support for families in promoting agroforestry systems using crops strategically selected for the humid tropics, assistance for families in managing fowl and pigs to ensure that production is sustainable and in harmony with Mother Earth, technology grants and the development and construction of road and productive infrastructure that connects the Caribbean coast to the Pacific region in the form of roads, pathways and bridges. Nicaragua, through its legal system, has provisions and procedures in place that ensure compliance with national policies on safeguarding workers’ labour rights. Those policies guarantee equality and non-discrimination at work in a harmonious, peaceful and safe environment, while respecting gender equality and avoiding all forms of discrimination on grounds of race, religion, wage or disability.

The Government of Nicaragua has demonstrated its compliance with the Convention in the reports that it has transmitted to the ILO in a timely manner in recent years. Nicaragua therefore does not accept the Committee’s submission of matters unrelated to the content of the Convention for examination and discussion at this Conference Committee. The manipulation of this Committee into bringing us here to discuss the Convention and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which was reviewed earlier, demonstrates political bias and damages this mechanism’s credibility.

To conclude, we reaffirm our position and reject any accusation or intervention in internal affairs that threatens peace, sovereignty or Nicaraguan families’ employment or social stability.

Worker members – The Committee of Experts has identified several bases of discrimination on which it has made observations, and I will take them in the order they appear in the reports. First of all, sexual harassment: Nicaragua has legal provisions in place to address sexual harassment in the workplace. The Labour Code prohibits all forms of sexual harassment and provides a legal basis for victims to file complaints with the Ministry of Labour. Additionally, the law against violence against women mandates measures to prevent, punish and eradicate gender-based violence, including sexual harassment.

We take note of several Government initiatives aimed at combating sexual harassment. According to the information provided by the Committee of Experts, the Ministry of Labour has been implementing procedures to handle labour grievances, including complaints of harassment against women in the workplace. These procedures involve mechanisms that ensure immediate action and timely investigation by the labour inspectorate in full adherence to labour legislation. Despite these efforts to tackle sexual harassment, challenges persist. Limited awareness and understanding among employers, fear of retaliation and inadequate reporting mechanisms hinder effective resolution.

A case in point is that of the call centres that currently employ more than 11,700 workers in over 50 service outsourcing centres in the country. The majority of workers in the call centres are women who face daily pressure to achieve targets that become unattainable as time progresses. Testimonies suggest that, in many cases, victims are dismissed so as to shield perpetrators and prevent any potential case coming to light.

Multiple cases of harassment against women have also been reported by trade unions in the maquila sector, which employs approximately 140,000 workers in Nicaragua. We urge the Government of Nicaragua to increase the infrastructure and support necessary to conduct appropriate labour inspections so as to enforce labour laws and promote a safe and healthy working environment.

Secondly, political discrimination: the Committee of Experts also notes with concern the serious situation of political discrimination in Nicaragua. The Committee of Experts refers to resolution 49/3 adopted by the United Nations (UN) Human Rights Council on 31 March 2022. The resolution highlights several matters, including grave concerns over violations of civil and political rights during the 2021 electoral process, the use of legal provisions restricting political participation and the arbitrary detention of opposition candidates, journalists and other human right defenders. The Committee of Experts also notes that the UN Human Rights Committee and Committee on Economic, Social and Cultural Rights have expressed concern at repression and discrimination against those critical of the Government.

Lastly, the Committee of Experts acknowledges a press release by the Inter-American Commission on Human Rights highlighting the intensification of the repression and persecution of political opponents. In regard to specific violations of Convention No. 111, trade unions will keep monitoring the situation in order to assess whether acts of employment discrimination against workers expressing political opinions have taken place since 2021. We urge the Government to inform the Committee of Experts of any measures taken to eliminate discrimination in employment and occupation on political grounds and provide adequate protection for workers in the event of discrimination on the basis of political opinion, including any legal or judicial procedures instituted and their outcome.

Thirdly, racial discrimination: the Committee of Experts also refers to a recent report by the UN Committee on the Elimination of Racial Discrimination on acts of violence against indigenous peoples and Afro-descendants in Nicaragua. The UN Committee urged the Government to take immediate action to protect the rights of these communities and hold accountable those who have violated them. The UN Committee also highlighted that Nicaragua does not have a national legislative framework that prohibits racial discrimination in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, nor does it have provisions on the issue in the Penal Code.

Despite the State’s efforts to restore the social and cultural rights of indigenous peoples on the Caribbean coast, the reality is that these communities continue to face structural discrimination. This is reflected in the poverty rates, precariousness, exclusion and constant violence they endure. The UN Committee reiterated concerns about the lack of explicit protection and legal recognition for indigenous peoples in the Pacific, Central and Northern regions. Additionally, it expressed serious concern over reports indicating a regression by the State in protecting and respecting the rights of indigenous peoples and Afro-descendants. We support the recommendation of the UN body that urges Nicaragua to conduct independent studies on social, environmental and cultural impacts before granting licences for projects involving the development and exploitation of natural resources in indigenous or Afro-descendent territories. With a view to avoiding any further cases of discrimination or human rights violations, the affected indigenous communities must be involved and consulted in the decision-making process. In this regard, and in order to effectively address the issue of equal opportunity and treatment, it is important that the consent of indigenous peoples is sought before licences are granted for developments on their lands. In view of these serious issues, Nicaragua must adopt special measures or affirmative action to eliminate the structural discrimination affecting indigenous and Afro-descendent peoples.

Employer members – I hope that the break we have just taken has provided an opportunity for reflection after listening to all the discussion and debate on the issues related to Nicaragua, which, despite pertaining to different Conventions, are intertwined and play a part in the management and implementation of the country’s obligations. The Government representative even mentioned Convention No. 87 in her last intervention, so I think it will allow us to approach the work as a whole and not as an isolated case.

This case relates to Convention No. 111, which Nicaragua ratified in 1967. The Employer members would like to highlight the importance of compliance with Conventions, particularly this one, because it is a fundamental Convention. A Convention is not declared fundamental on a whim, but because of its importance and purpose.

In the report of the Committee of Experts this year there are two footnoted cases concerning Nicaragua, the first related to Convention No. 87, which has already been addressed, and the second related to Convention No. 111, which we will address now. This demonstrates that we are dealing with a case that is extremely serious.

Allow me to read part of the text of the Convention so that we can pinpoint the type of non-compliance we are dealing with. Article 1(1)(a) states that, for the purposes of the Convention, the term discrimination includes: “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”. Article 1(2) states that: “Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.” And Article 1(3), which is very relevant, states that: “For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.” This is exactly what we are talking about.

I would like to highlight two parts of the report, one on discrimination on grounds of political opinion and the other on discrimination on grounds of sex, sexual harassment, racial discrimination against indigenous and Afro-descendant populations, equal opportunities and equal treatment policy and enforcement through labour inspection, which is all covered in the report containing the explanations of the Committee of Experts.

The Committee of Experts notes that it observes a serious situation of political discrimination in the country that has been made clear in reports by various UN agencies, such as resolution 49/3 of the Human Rights Council.

This resolution highlights the existence of violations of civil and political rights in the context of the electoral process that did not guarantee citizens’ rights to participate in public affairs and to vote and be voted for. It should be noted that the Government has adopted legal provisions with the aim of restricting the ability of citizens to exercise their fundamental freedoms and participate in political processes.

There are also reports of the arbitrary arrest and detention of all types of citizens, which have already been mentioned by the Workers and I will not go into in detail. According to the reports received, there are also fears for the physical safety of the detainees owing to acts that could constitute torture or cruel, inhuman or degrading treatment or punishment, particularly in relation to older persons, girls and women.

The human rights violations and abuses described in the various reports appear to be a general pattern of behaviour in the country, to the extent that a group of experts has already been established by the President of the Human Rights Council to investigate the matter.

For example, under the International Covenant on Civil and Political Rights, the Committee on Economic, Social and Cultural Rights notes alleged discrimination on the grounds of political opinion against persons who oppose or criticize the Government in the exercise and enjoyment of their rights.

For its part, the Government reports that the Constitution recognizes non-discrimination, that lawsuits must be free of political discrimination and that between 2020 and 2021 the labour courts did not hear any cases of violation of rights. This is because, as the Workers mentioned, there is evidently a fear of reporting these issues. Far from reassuring us, all this information shows us that the Government is not recognizing or pretends not to be aware of the numerous reported restrictions and violations and the serious situation that the country faces. Persons such as those who are here are perhaps unaffected by these circumstances, but there are others who are, as recognized by various UN agencies.

I would like to remind the Government that labour rights are encompassed in the sphere of human rights and are protected under international conventions including Convention No. 111 and, of course, Convention No. 87.

We believe that the Government’s statements do not tally with the numerous sources of information, analysis and conclusions of the participants in the various bodies of the ILO and other UN agencies.

It has to be considered that the Committee of Experts, after analysing the evidence in the case, states that in Nicaragua there is a climate of violence, insecurity and intimidation that leads to and encourages acts of discrimination in employment and occupation and in general against all those persons who do not agree with the Government and who publicly express their opinion.

Unfortunately, what we find in the report of the Committee of Experts is not a recognition of political conditions, but acts of discrimination, to which I have already referred.

The facts presented show, and forgive me for saying it like this, the extreme contempt of the Government for the proposals that have been put forward and its refusal to acknowledge and improve with clear, verifiable, reparatory actions that demonstrate compliance with the obligations assumed upon ratification of the Convention. In practice, this situation affects workers, employers and the population in general.

We do not wish to dramatize or exaggerate, but considering the debate that has already taken place regarding Convention No. 87, this may be one of the most serious cases of non-compliance that we have to discuss in this Committee. What is more, this dismissive attitude is unacceptable for this House.

The statements made by the Government the last time we dealt with this issue rejected the matters raised in an equally definitive manner, and this is reflected in the absence of progress in relation to everything that was asked of them. We hope, and we ask with all due respect, that the Government will listen to the international community and show and demonstrate an interest in complying and not just in painting a picture that differs from reality.

We will pay close attention to how this debate develops before our next intervention.

Worker member, Nicaragua – I would like to ask the Employers’ representatives to show more respect for the workers of Nicaragua. We lost our fear some time ago, we have faced situations imposed upon us, even war, and we have been victorious. So, I ask you to show respect if you wish to be shown respect.

What is the explanation for our country becoming a double-footnoted case in relation to two Conventions? There can only be one: it is about political interests and aggression by the political/employer parties who are lying and posing as victims in order to conceal their petty, anti-patriotic interests.

If anybody is guilty of discrimination and violation of the rights of Nicaraguan workers, it is those persons who attempted a foolhardy coup d’état financed and protected by those who call themselves defenders of human rights, but who violate them every day through economic interference aimed at causing harm to the sovereign, dignified people of Nicaragua.

In this statement I highlight absurd elements or disinformation aimed at concealing true intentions, as applies to the aggression against our country. If only we could respond to all these defamations and falsehoods. But it is good to respond in a way that ensures that the most reasonable persons have a different version from that put out by the media and the organizations which accuse, judge and condemn without any moral authority whatsoever.

There is talk of a hostile work environment, so the question is: on whose part? These politicians disguised as employers are the ones who dismissed more than 225,000 workers before the failure of their attempted coup. They are the ones who are denying the right to organize, who are maintaining poverty wages and who are opposed to the full assertion of labour rights. They are the ones who are destroying the social fabric of the welfare state in many countries in Europe, including one close to ILO headquarters.

So, the hostile environment is not being promoted by the Nicaraguan Government. It is being promoted by those who do not honour agreements when called upon by us workers to do so. Employer leaders complain at the inspections carried out by the Ministry of Labour to protect labour rights, but this is the absolute height of hypocrisy.

As clarification of the legal aspects, the labour legislation views harassment at work as an act that merits censure and determines the action needed in each case, according to the complaints filed. Sexual harassment is an offence to be punished through judicial action. This Committee is not a court to address or review these cases.

Since when and with what authorization does this Committee supervise the electoral processes of each country? I can assure you that many election scandals which have occurred in countries, including in the “first world”, have not been questioned by this body. Hence, we men and women workers are the ones who have to decide our destiny and so we will continue to vote to guarantee our rights and strengthen our democracy and continue to build a sovereign and inclusive development model.

When those behind the attempted coup in 2018 murdered trade union leaders, abducted workers, raped women workers, destroyed installations and work machinery, we did not hear these organizations raising their voices in favour of the victims and their families. We did not read about any convictions despite presenting evidence of the atrocities committed by their protégés. So, they have no moral authority to be a credible source because they are not impartial.

In our trade union organizations, we bring together men and women workers without any discrimination on the basis of race, sex, partisan views or political conviction, and we respect their life choices, unlike the employers’ organizations that look at the origins of your name to determine your job options.

It would be a good thing if those who write these reports were better informed regarding the development and progress of our country. For the first time in history there is a Government that fully integrates the nation. Go and see how it has promoted land ownership by indigenous communities, how roads, hospitals and health centres are built, how electricity and drinking water are supplied, how there are study centres for these communities. We affirm this with complete authority and with great pride because it has been us workers who have put these projects into practice backed by public investment from the Government.

How can those who violate human rights every day speak and write about them? What moral authority do those people have who promote the use of the economy to subdue and submit to their will the peoples who defend their sovereignty and self-determination? We invite the members of this Committee to read the reports of organizations that, while recognizing the progress made by Nicaragua on gender equality and equity, confirm that the country optimizes financial resources to develop programmes that benefit the population and in particular the workers. Go and walk in the streets of our cities in peace and tranquillity, breathe the air without being contaminated by the lies and disinformation spread by the media, which have already been given a script to follow.

We reiterate that the whole process experienced by our country takes place within the legal framework. For anyone who loves Nicaragua, there is a place and a space. In Nicaragua there is no death penalty, and life imprisonment is only for murderers who commit atrocious crimes.

In conclusion, we consider that, in the context of respect and good relations, cooperation and support can be built without conditions. If there is real interest in the human rights of Nicaraguan men and women, we ask this Committee to call on those who are applying economic sanctions to suspend them, and perhaps in this way we can believe that there is a real interest in restoring harmony and understanding.

Brother and sister workers, let me say that our president, Daniel Ortega, is promoting the social dialogue that many of you are demanding. He respects the right to organize, and he promotes the participation of the workers in decision-making. Would this be the reason why the employers’ organization and the enemies of peace are attacking us? I think that we can argue and we can continue pointing out many elements of the progress we have made in restoring the human rights of Nicaraguans. We can give specific examples of how we have achieved well-being. However, we wish to state that in political processes and in elections, like in any part of the world, any political party that does not comply with the requirements or provisions of law obviously cannot participate. We do not think that constitutes discrimination; rather, in Nicaragua it is about the interests of those who are still insisting today on intervention, on aggression and, obviously, on facilitating the return of foreign troops to our country.

This is why I note with real regret that falsehoods are being spread in this Committee. I call for more respect to be shown to the workers because we are the ones who are building the Nicaragua that will always be free and blessed.

Employer member, Nicaragua – When I have come here, I have felt pressure almost amounting to persecution concerning the matters raised in the Committee. We have explained that we are participating here in order to speak of our situation on the ground, not to listen to reports from people who, like I said in 2019 to the Employer delegate, who does not know our country, but who had plenty to say, referring to atrocities and situations that do not occur in our country. We are now going to speak about Convention No. 111 and Nicaragua’s alleged non-observance thereof. Before that, I would like to clarify something here for my employer colleagues regarding the references to the representativeness of certain organizations and persons that were indeed well known in our country. We are speaking of Chano Aguerri, the President of the Higher Council of Private Enterprise (COSEP). By way of clarification, this gentleman was not a businessman because he did not own an enterprise. He was simply the person who was running that organization, dependent on financing from the substantial capital that exists in Nicaragua. I am the owner of a number of enterprises which have been operating in the country for over 30 years, like other affiliated enterprises. With reference to the participation of men and women workers in our enterprises, there is participation under equal conditions of men and women workers and professional technicians, with no differences in terms of duties or wages. In other words, the discrimination that is alleged does not therefore apply in our case. We employers have adopted a policy of 50 per cent men and 50 per cent women in the various posts both in our enterprises and in the public sector. The result of this is that Nicaragua is recognized as being among the top seven countries in the world with such participation. And if we speak of discrimination, I wish to refer to our experiences right here. I can cite some situations which we experienced here at the ILO in 2019, with the obstacles that were put in our way when attempts were made to authorize supposedly representative organizations, with priority always being given to the political approach. Our organization was even prevented from speaking in the virtual format. I am taking the opportunity today to request that this does not happen again and that we can participate fully and present our situation; and that you help us to overcome the problems regarding jobs and wages under equal conditions for men and women and that you do not spend time and space on other matters which have nothing to do with the subject of discrimination because they are political in nature.

I take this opportunity once again to ask for support from our organization, the ILO, the support of our Employer colleagues, so that if they need precise information, they should come to us, we invite them to visit our country where we can show them the real situation. We ask them to support us in eliminating the harmful sanctions imposed by certain countries, and you know which ones I am referring to, because our country is under massive pressure from these countries, where they cancel the external financing and private investment that is so necessary for the economic and social development of our country. I also take this opportunity to tell you that we, as the private business sector, will approach the Government of Nicaragua, the Ministry of Labour, to propose schemes for rapprochement, for dialogue, so that our Government and our organizations can make contact and achieve the objectives defended so that we can continue making orderly progress.

Government member, Sweden – I speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, the potential candidate country, Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role developing, promoting and supervising the effective implementation of ratified international labour standards, and of fundamental Conventions in particular. The principle of equality and non-discrimination is a fundamental element of international human rights law. In the EU’s founding treaties, and in the constitutions of EU Member States, the prohibition of discrimination is a core principle. Convention No. 111 is the translation of this fundamental human right to the world of work, employment and occupation.

Unfortunately, Nicaragua has been in a dire social, political and human rights crisis since April 2018, when the Government quashed mass protests against a proposal for social security reform. The Nicaraguan Government has carried out systematic incarceration, harassment and intimidation of presidential pre-candidates, opposition leaders, indigenous people, student and rural leaders, journalists, human rights defenders, trade unionists and business representatives. Since then, reports from the Office of the United Nations High Commissioner for Human Rights, the Inter-American Commission on Human Rights and, most recently, the Group of Human Rights Experts on Nicaragua have all shown that the situation has gravely worsened, with the systematic erosion of civic space, as well as the persecution, arbitrary detention and forced displacement of those perceived as dissidents or opponents.

We welcome the liberation of 222 political prisoners on 9 February this year but deplore the decisions on the same and the next day to render them, as well as another 94 dissidents, stateless exiles. We remain alarmed by the reports of human rights violations and abuses, including gender-based discrimination. The renewal of the mandate of the Group of Human Rights Experts on Nicaragua by the UN Human Rights Council through resolution 52/2 reflects the commitment of the international community, including the EU, to defending democracy, the rule of law and human rights in the country.

We are gravely concerned about the climate of violence, intolerance, insecurity and intimidation, further aggravated by certain measures both in legislation and in practice, which is conducive to serious acts of discrimination in employment and occupation against persons who express their political opinion. We fully echo the request by the Committee of Experts to the Government of Nicaragua to implement the required measures in order to respond to its observations regarding non-discrimination in employment and occupation and to ensure the elimination of discrimination on the basis of political opinion. We also urge the Government to address the matters reflected in the resolutions and observations adopted by the previously mentioned human rights bodies and to comply with the requests therein.

We take note of the efforts of the Supreme Court of Justice to prevent, address and eliminate all forms of violence arising from labour and sexual harassment throughout the legal system. However, we fully support the Committee of Experts’ request to provide information on the coverage of the “hostile work environment” under the Labour Code, penalties when sexual harassment complaints are upheld and the legal action taken in cases of sexual and quid pro quo harassment.

We urge the Government, in line with the Committee of Experts’ report, to undertake the urgent action required to ensure that the rights of indigenous and Afro-descendent peoples, especially in the Atlantic Coast region, are effectively protected and respected. This includes promoting social inclusion and addressing poverty and inequality through targeted measures to eliminate the structural discrimination they still experience. We deplore the forced exile of various representatives of these peoples, including experts who were invited by the UN to testify on the situation of indigenous and Afro-descendent peoples in Nicaragua. Furthermore, efforts should be made to address the various forms of discrimination against indigenous and Afro-descendent women by integrating a gender perspective into all policies and strategies aimed at eradicating racial discrimination. We stress the importance of ensuring equal access to all of their rights, including education, employment and health, taking into account, and in full respect of, their cultural and linguistic specificities and differences.

The EU will continue to monitor the situation closely and support the people of Nicaragua in their legitimate aspiration for democracy, respect for human rights, including labour rights, and the rule of law.

Worker member, Bolivarian Republic of Venezuela – The report on Convention No. 111 from the National Front of Nicaraguan Workers states the following: cases of harassment at work are followed up by the trade union sector and by the Nicaraguan Ministry of Labour, since harassment is covered by law. Sexual harassment cases fall within the remit of the courts of justice, which are responsible for investigations. In Nicaragua, there is a law that adheres strictly to the Convention with regard to non-discrimination since it provides for equal conditions in jobs and the right to hold them. This law, known as the 50/50 law, applies to employment and to public office, as well as to elected office. Indigenous communities are respected under the Caribbean Coast Autonomy Act, in compliance with the ILO’s mandate, and approximately 50,000 square kilometres of territory have been allocated for this purpose.

With regard to the case highlighted by the International Organisation of Employers (IOE) in relation to elections in Nicaragua, we consider it to amount to interference that falls outside the competence of the Committee and is a matter for the Nicaraguan people. The majority of the confederation of workers of the Bolivarian Republic of Venezuela, together with the Workers’ delegation from the Republic of Cuba, support the principle of the self-determination peoples, non-interference, sovereignty and independence. I would like to make a few observations on this subject. For example, today we heard an Employer representative stating that they were the majority, and that the Nicaraguan businessman or Employer member should not be here. There is a contradiction: he asks for the participation of other employers, but this one should not be here. This is a democracy where, correctly, on this point, on Convention No. 111, the masks have been removed to reveal the political-partisan position of these employers, in the same way as for the Russian Federation, China, the Islamic Republic of Iran, Nicaragua, the Bolivarian Republic of Venezuela, Cuba and the Plurinational State of Bolivia. But they do not say, or they do not admit, that the sanctions have an impact on wages, health, education and the economy in these countries. Therefore, I am of the view that the ILO must engage in a genuine and direct process of assisting workers and employers in the implementation of Conventions Nos. 87 and 111 and not go along with the political approach of employers.

Government member, Cuba – My delegation has taken note of the information provided by the delegation of the Nicaraguan Government regarding compliance with the Convention. It has also carefully analysed the observations made by the Committee of Experts. We consider that the matter before us requires further dialogue between the ILO and the social partners and Government, Worker and Employer representatives in Nicaragua. We wish to emphasize the Nicaraguan Government’s cooperation with the Committee of Experts, by virtue of its commitment to the Organization. We also reiterate that it should not be forgotten that, in Nicaragua, between 2018 and 2021, 111 new trade union organizations were formed, bringing together 3,902 workers, and another 2,884 organizations, covering 222,370 workers, were updated. The Nicaraguan Government has also developed numerous social programmes for the Nicaraguan people and workers. We reiterate our rejection of the use of ILO supervisory mechanisms to level allegations of a political nature. We believe that the Nicaraguan Government’s policies to support workers should be analysed in an impartial manner. As we have stated on other occasions, it is very important to continue promoting tripartism and social dialogue in every country, with a view to promoting a spirit of dialogue and cooperation. We encourage the Committee to adopt objective, technical and balanced conclusions based on the information provided by the authorities of the country concerned.

Employer member, Honduras – Today this Committee is meeting to discuss the Nicaraguan Government’s violation of the Convention owing to discrimination on the basis of ideological, labour and political opinion. These matters have already been discussed in this Committee, and the Government does not wish to step back, violating the sacred right to hold opinions. Anyone who dares to express an opinion other than the official version is punished.

Social dialogue is the driving force of this House, and each of the tripartite constituents is aware that its objective is to always promote consensus, which is based on the democratic concept of respect for the others’ ideological opinions.

Democracy is strengthened when ideas are respected, despite occasional dissent, but it is inconceivable and unacceptable for a Government not to respect the views of its citizens, and that they may be jailed or expelled from the country in which they were born due to their opinions or labour or political demands, as indicated by the Committee of Experts.

This year, we have still not received the information that the Committee of Experts requested from the Government last year. Therefore, we should include, in each section of the 2023 report, a special paragraph on the Government’s failure to comply with this Convention, with no evidence that it wishes to comply.

We have an obligation to make a vigorous call for the defence of social dialogue as the pillar of democracy, as well as respect for opinions without any form of discrimination, particularly in the world of work. Threats by politicians or the police for holding an opinion that differs from that of Nicaraguan Government officials should not be acceptable for this Organization. We support the proposal by the Employer members.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela welcomes the statement by the distinguished delegation of the Government of Nicaragua regarding the implementation of the Convention.

We have noted the Government of Nicaragua’s explanation that article 27 of the Constitution prohibits all types of discrimination, including discrimination on political grounds, and that it is enforced by the Government for all citizens, including, without distinction, indigenous communities.

In this regard, in view of the arguments of the Government of Nicaragua, it should be highlighted that the Convention seeks to ensure equality of opportunity and treatment in employment and occupation.

We recall that Article 4 of the Convention is clear and categorical in establishing that the law must be respected and that, therefore, any measures affecting an individual who is justifiably suspected of activities prejudicial to the security of the State shall not be deemed to be discrimination, and must be respected if so decided by a competent court established in accordance with national law and practice. This is precisely the situation that arises here with respect to Nicaragua.

It is concerning that the Committee of Experts, or any other ILO supervisory body, criticizes rulings issued in accordance with the law, within the constitutional and legal framework and the competence of national courts.

We appreciate that the Committee of Experts has welcomed the initiative of the Nicaraguan Supreme Court of Justice on the protocol for preventing and addressing harassment in the workplace and sexual harassment in the Nicaraguan judiciary.

We also appreciate that the Ministry of Labour has taken action on complaints, including those concerning harassment in the workplace, and that the Government has provided information on the measures to protect indigenous peoples and peoples of African descent against racial discrimination in employment and occupation.

As always, we call on the ILO supervisory bodies to distance themselves from political considerations, so that they do not go beyond their mandate in their comments, which undermines their seriousness and credibility, damages the noble objective of the ILO and encroaches upon the sovereignty of States.

Lastly, the Government of the Bolivarian Republic of Venezuela hopes that this Committee’s conclusions will be objective and balanced, with the aim of the Government of Nicaragua continuing to make progress and strengthening the implementation of the Convention.

Government member, Belarus – We welcome the active participation of Nicaragua, its cooperation with the ILO and its submission of reports to the supervisory bodies of this international organization. We welcome the efforts undertaken by the Government to ensure that all categories of citizens enjoy favourable conditions to realize the rights enshrined in national legislation, the right to work, the active creation of jobs and development in the areas of culture and education. We welcome the efforts undertaken by the Government to support indigenous people as well as the ban on discrimination in employment and occupation at the State level.

The information provided by the Government casts doubt upon the objectivity of the ILO. We would like to emphasize how unacceptable it is for international organizations to go beyond their mandate or use clearly biased approaches and assessments of the situation.

Government member, China – We thank the Government representative of Nicaragua for the information. We carefully take note of the report of the Committee of Experts. The Government of Nicaragua has earnestly fulfilled its obligation under the Convention. Article 27 of the Constitution clearly states that everyone is equal before the law and has the same right to protection. Any discrimination on grounds such as race, sex, language or religion is prohibited.

The Government of Nicaragua attaches great importance to the comprehensive economic and social development of the country, protects the rights of vulnerable groups and continuously improves the living, working, education, cultural and health conditions of its people. In 2022, the bridge over the Wawa River was built on the northern Caribbean coast, directly benefiting more than 48,000 people and indirectly benefiting nearly 150,000, creating jobs and boosting production. This fully demonstrates that the Government pays great attention to people’s well-being and has taken concrete and effective measures.

We urge this Committee, in its discussion of this case and in its conclusions, to respect the information submitted by the Government of Nicaragua, respect its legal system, focus on the mandate of this Committee and the ILO and avoid including language that interferes with the country’s sovereignty, legal system and internal affairs. Otherwise, the credibility of this supervisory mechanism and the reputation of the ILO will be damaged.

Government member, Russian Federation – We are grateful to the Government of Nicaragua for providing an explanation with regard to the Convention. The legislative situation in Nicaragua is reflected at the highest level in the Political Constitution of the country, which clearly forbids any form of discrimination, including on political grounds. These standards are implemented in practice, allowing for the development of individuals, indigenous peoples and Afro-descendants in the labour market. At the same time, infrastructure is developed in full recognition of legislation and the standards that apply. The assessment of the situation in the country is very much based on non-governmental sources, and we would emphasize that this approach is not appropriate. It is important that all positions are taken into account in the concluding documents on these issues. Otherwise, there could be well-founded doubts about the objectivity and the non-biased approach of the Committee.

Interpretation from Arabic: Government member, Syrian Arab Republic – Based on the information provided by the Government of Nicaragua on the measures and procedures implemented in the context of the application of the Convention, and in view of the cooperation it has shown with this Organization, and in the knowledge that Nicaragua provided replies within the deadlines, our delegation fully supports Nicaragua’s observations.

We consider it necessary to strengthen cooperation with the Government and all the social partners. Measures must be avoided that end up politicizing our Organization’s activities, which is not at all in line with respect for the principle of sovereignty and non-interference in the internal affairs of Member States, a cardinal principle of the United Nations system.

Observer, Confederation of University Workers in the Americas (CONTUA) – We have a clear, firm position in the trade union movement in favour of eliminating any form of discrimination in and outside the world of work, based on the view that guaranteeing non-discrimination is an obligation of States, as it is a fundamental human right of all people.

Furthermore, in line with the Inter-American Court of Human Rights in its advisory opinion on the rights of freedom of association, collective bargaining and to strike, and their relation to other rights, with a gender perspective, we consider that the Convention and other ILO Conventions should be articulated in terms of interpretation from a pro persona perspective with the standards of the inter-American system, other international human rights instruments, and the opinions and recommendations of the Committee on Freedom of Association and the Committee of Experts, in order to achieve a harmonious interpretation of international obligations.

The point we therefore wish to make is that we understand the concern of the Committee of Experts regarding the complaints which have been made, those directly related to ILO standards, and those which refer to other attendant human rights, because an organization of this type is bound to endeavour to ensure compliance with Conventions that have a direct impact on people. Hence this discussion in which the Government and the social partners can express their views is very important for the workers. On the basis of the Committee and its conclusions, with input from the Office, we will be able to draw up a road map for collaborating in the search for solutions which make a conclusive contribution to the pacification of industrial relations, which will certainly contribute to political calm in Nicaragua.

Nicaragua is a young country which has endured a recent history of violent upheaval between sectors in dispute. In Latin America we have unfortunately been living for some time with divisions, unethical positions, extreme political differences which sometimes have their roots in violent situations, such as the recent storming of the presidential palace in Brazil. Not that this is an exclusively southern phenomenon: we can recall the incidents that occurred at the United States Capitol and other episodes in Europe, on a different scale, but for similar reasons.

From the trade union movement, we believe strongly that in principle with regard to labour matters, and reaching out in conjunction with other United Nations agencies, the social partners, the group of governments from our region, the Group of Latin American and Caribbean countries (GRULAC) and the Office must and can make a joint effort to contribute to achieving peace, respect for democracy, the rule of law and the guarantee of non-discrimination in all forms in Nicaragua.

Government representative – Once again I would like to express my gratitude for the statements from countries which engage in genuine dialogue and contribute to the labour spirit of this Organization. The Government of Nicaragua has been implementing social and labour policies which include the restoration of rights in general for Nicaraguan women, establishing the conditions for women to play a leading role in the education system and the ongoing improvement of their employment skills, and to enjoy free healthcare and social security. There are collective agreements which include special clauses for the benefit of women workers, such as three months’ pre- and postnatal leave, breastfeeding breaks, maternity care and accommodation for new mothers. There are also training and resources for entrepreneurship through programmes and projects aimed at women based on the Political Constitution, the Labour Code and other special laws which protect and restore the labour rights of working women in general, without any kind of discrimination. Women play an active part in the management of their workplaces and are members of federations, confederations, trade unions and joint committees in leadership positions, strengthening tripartism and freedom of association. The participation of Nicaraguan women in economic, social and political development is an important basis for ensuring gender equality and equity with highly significant results at the global level; Nicaragua has received recognition from the World Economic Forum (WEF), which rewarded these efforts by ranking Nicaraguan women seventh in terms of gender equality and first in the Americas in its WEF Global Gender Gap Report. Through its national policies and Act No. 648 on equal rights and opportunities, Nicaragua has succeeded in integrating women’s vocational training skills and capacities into all areas of economic, political, social, cultural and productive activity, alongside progress in poverty eradication and the human development of Nicaraguan families. As an example, we may mention that Nicaragua has the highest number of women in leadership positions, such as ministerial positions, members of Parliament, mayors, deputy mayors, councillors and ministers. Furthermore, sexual harassment in Nicaragua is a crime, as established in the Penal Code, and it falls to the courts to pass judgment and hand down sentences. Moreover, Special Act No. 779 referred to the subject of political discrimination, which is being overcome through the electoral process. The political issue of the structures that provide access to power is addressed in the Nicaraguan Constitution and stems from the electoral authority of our country, as set out in Electoral Act No. 331.

Otherwise, Nicaragua has responded to all the Committee’s requests. On 15 March, we sent a reply to the question regarding the disappearance of the defunct COSEP, an organization which was not registered with the Ministry of Labour, but described itself as a non-governmental, non-profit organization, for which reason it did not comply with the requirements laid down by law. In Nicaragua everyone has to comply with the law; privileges cannot be confused with rights. Moreover, Article 4 of the Convention provides that any measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State shall not be deemed to be discrimination. The persons referred to previously in relation to the criminal activity of 2018 which undermined the security of our nation implemented and financed the failed attempt at a coup d’état in Nicaragua.

We call strongly for the labour spirit of the Committee to be re-established. The Government of National Unity and Reconciliation reiterates its commitment to peace, work and the common good. Genuine dialogue needs equal conditions with respect and without external influences seeking to interfere in national sovereignty. Nicaragua cannot accept interference which seeks to disrupt labour peace and stability in the country. Dialogue and tripartism are a reality in Nicaragua and will continue despite the financial and hegemonic aggression of certain members of this Organization. Nicaragua will continue to fight for peace, social security and above all the rights of the men and women workers of Nicaragua.

Employer members – First of all, I would like to emphasize that our interventions are always respectful, we do not deliver them on a personal basis, they are based on the information which is contained in the reports. We all consider that the information provided by this Organization is drawn up with professionalism and with the best intentions to establish the facts and circumstances which prevail in the various ILO Member States. We respect all participants, and in particular the workers. Several hours ago, when we were dealing with Convention No. 87 and now Convention No. 111, it was with the precise aim of ensuring that the workers can exercise their rights deriving from the international Conventions which have been ratified by the Member State in question. It seems to me that there could be no greater evidence of respect and proactive participation.

Having made that clarification, I would like to reiterate that it seems to me that this matter, although placed in a different case from Convention No. 87, should be examined jointly, not in isolation, and it is through joint action that solutions will be found. The Committee of Experts has determined that there are various workers’ rights which are being violated or restricted; some of them are covered by one Convention, others by another Convention. But ultimately it is a whole set of acts and omissions which are occurring in both areas which need to be corrected. We, the Employer members, can only echo the points made by the Committee of Experts and in this regard we propose that the conclusions of the present case should underline the seriousness of the situation and urge the Government of Nicaragua to duly comply with the latest recommendations of the Conference Committee; that it should take immediate action to bring an end to the climate of violence, insecurity and intimidation which prevails in the country, and put an immediate end to arbitrary detentions on grounds of political differences, and also on grounds of gender, and provide information to the Committee of Experts in its next report.

We also call for the acceptance of a direct contacts mission and ILO technical assistance, as proposed previously. Here I would like to mention that many speakers who have taken part and the Government itself insist that these rights violations and omissions which obstruct the free exercise of rights have not been committed; that measures have been adopted and that things have been put right. What better opportunity to confirm this, not through a visit which has been kindly proposed and will take place soon, but by opening the doors to the ILO so that it can make its own observations, in accordance with the procedures established by this Organization.

All countries which have received technical assistance and a direct contacts mission have created better conditions for the application of the Conventions, for compliance with obligations and for the exercise of the corresponding rights.

So, I would like to emphasize that receiving such a mission would give peace of mind to us all, and it should be seen as support, not persecution, as has already been indicated. It is not me saying this, a number of speakers have said it. So, we wish to insist on this, as it seems to be extremely important.

Lastly, on account of the seriousness of this matter, we formally call for the conclusions to the present case to be included in a special paragraph of the Committee’s report.

Worker members – The Committee of Experts took note of the information provided by the Government representative, and we thank her for that, and we also took note of the discussion that followed.

The Worker members reiterate their deep concern at the persistence of sexual harassment and gender-based violence in the country, including in the industries noted in the opening remarks. Violence and harassment have no place in the world of work, and the Government must redouble its efforts to make sure that no worker suffers such abuse. We would welcome, in this regard, Nicaragua’s ratification of the Violence and Harassment Convention, 2019 (No. 190), and its adoption of measures to ensure its transposition into law and practice.

We also reiterate our deep concern over the lack of a national legislative framework that prohibits racial discrimination in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination. There is no place for racism in the workplace, or in society as a whole. Afro-descendant Nicaraguans have suffered, and continue to suffer, discrimination in employment and occupation in practice. Nicaragua must not waste any time in adopting the appropriate legislative framework and investing the resources to end discrimination in practice. At the same time, we also note continued discrimination against indigenous persons and urge the Government to consult indigenous peoples in the decision-making process for the development and exploitation of natural resources on their territories.

Finally, we note the environment of political discrimination, which has seen the arbitrary detention of political leaders, human rights defenders, journalists, peasant and student leaders and members of civil society organizations. We must once again reiterate that workers cannot accept discrimination on political grounds. The genuine representation of the economic and social interests of workers’ and employers’ organizations can be seriously undermined in an environment of political discrimination and intolerance of the expression of different political views.

We urge the Government to refrain from such discrimination and to indeed provide protection for workers on the basis of their political opinion.

In light of the discussion, the Worker members urge the Government of Nicaragua to:

- provide the information requested by the Committee of Experts with regard to sexual harassment and to take all measures to ensure in practice the elimination of violence and harassment in the world of work;

- provide information on all measures adopted or envisaged to protect indigenous and Afro-descendent peoples against racial discrimination in employment and occupation, and to take specific measures in practice to protect indigenous and Afro-descendent peoples against racial discrimination in employment and occupation;

- take immediate measures to end the climate of violence, insecurity, and intimidation in the country and to ensure the elimination of employment discrimination on the basis of political opinion. We urge the Government to provide updated information in this regard, including on the outcome of any investigations into complaints made to the administrative or judicial authorities of acts of discrimination on the basis of political opinion;

- provide information on the results of the numerous measures taken in the context of the national policy on equality of opportunity and treatment, including the nature of the violations found in the application of the Convention, the corrective measures taken and the sanctions imposed.

Finally, the Worker members remind the Government that it can benefit from the high-quality technical assistance of the ILO. We therefore encourage the Government to benefit as much as possible from this technical assistance.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed. 

The Committee noted with deep concern the climate of violence, insecurity and intimidation in the country, which is propitious for acts of discrimination in employment and occupation based on political opinion.

It also noted the arbitrary detentions and the continuing reports of human rights violations and abuses, including gender-based discrimination.

Taking into account the discussion, the Committee urges the Government, in consultation with the social partners, to:

- take immediate measures to end the climate of violence, insecurity and intimidation in the country;

- adopt the necessary measures to eliminate discrimination in employment and occupation and provide adequate protection for workers in the event of discrimination on the basis of political opinion;

- refrain from discrimination on political grounds, ensure that no penalties are imposed and provide adequate protection in the event of discrimination on the basis of political opinion;

- provide adequate remedies including the restoration of citizenship and the return of seized assets to those who have been discriminated against on the grounds of political opinion;

- provide information on any additional measure taken to eliminate discrimination on political grounds and on the outcome of any investigation conducted into complaints made to the administrative or judicial authorities for acts of discrimination on the basis of political opinion;

- indicate the extent to which the provision of the Labour Code (section 17(p)) also covers the “hostile work environment”; and

- provide details of any administrative complaint or legal action filed with the labour or criminal courts under the provisions of the Labour Code or Criminal Code in respect of sexual and quid pro quo harassment; as well as of the penalties imposed where complaints submitted to the Ministry of Labour are upheld and identified as acts of sexual harassment.

The Committee also requests the Government to continue to:

- take all measures to ensure in practice the elimination of violence and harassment in the world of work and to provide information to the Committee of Experts on all measures adopted regarding sexual harassment, including awareness-raising and prevention;

- take specific measures in practice to protect indigenous and Afro-descendant peoples against racial discrimination in employment and occupation and provide information on all measures adopted or envisaged to protect indigenous and Afro-descendent peoples against racial discrimination in employment and occupation;

- provide information on the outcomes of the many actions taken relating to the national policy of equality of opportunity and treatment; and

- provide information on the type of violations identified relating to the application of the Convention, the corrective measures introduced and the penalties imposed.

The Committee reminds the Government that it can avail itself of ILO technical assistance if needed.

The Committee requests the Government to report, in consultation with the social partners, on the progress achieved in the implementation of the Convention before 1 September 2023.

Government representative – Again, we have taken due note of the conclusions of this August Committee.

We are concerned at the persistent attempts to distort the reality in Nicaragua. In Nicaragua, women, indigenous persons, persons of African descent – indeed, all men and women – are protected and safeguarded. Our legal framework protects all men and women, without discrimination. Once again, we reject interference, influence and unequal treatment. The political motivations behind these conclusions violate the Convention and the spirit of the ILO, something that is of great concern to us.

Nicaragua will continue to protect all Nicaraguan women and men, seeking labour stability and peace with employment and dignified lives.