Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Civil Service and Administrative Careers Act. Noting that section 1(3) of the Act does not refer to discrimination on grounds of national extraction, as set forth in the Convention in Article 1(2)(a), please indicate the manner in which this criterion set out in the Convention is covered in practice. In this respect, the Committee refers to paragraphs 36 and 37 of its General Survey on equality in employment and occupation of 1988, in which it indicates that the concept of national extraction is not aimed at the distinctions that may be made between the citizens of the country concerned and those of another country, but covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Distinctions made between citizens of the same country on the basis of the foreign birth or origin of some of them are one of the most evident examples. The Committee also requests the Government to provide information on the effect given in practice to the Civil Service Act, including statistical data on the distribution of men and women in the public sector, with an indication of whether complaints have been made or appeals lodged during the period covered by the next report concerning alleged cases of discrimination on the grounds covered by the Convention. Please also provide data disaggregated by sex on temporary workers and public servants referred to in section 12 of the Act.

2. Policies to promote equality. The Committee notes the objectives of the Strategic Plan 2002-06 of the Nicaraguan Institute for Women (INIM), as described in the Government’s report. It notes that the Institute proposes to promote and support the revision of the policies, plans, programmes and projects of state institutions with a view to guaranteeing equity and equality of opportunity between men and women and that significant measures have been taken to strengthen key institutions through the creation of institutional focal points to promote gender equality. The Plan also envisages: reviewing the inclusion of the gender perspective in the National Development Plan; promoting equality of opportunity for rural women; coordinating the implementation of the plan for the prevention of family and sexual violence; and contributing to the preparation and implementation of the system of gender-based indicators (SIEG) regarding the economy and poverty. The Committee would be grateful if the Government would supply information on the effect given to the Plan, including an assessment of its impact in practice. It also requests the Government to provide information on its legislation and any other measures that have been adopted in relation to sexual harassment, to which the Committee referred in its general observation in 2002. Please also provide information on other relevant measures to promote equality of opportunity and treatment in employment and occupation in relation to the other criteria set forth in the Convention.

3. Export processing zones. The Committee notes that export processing zones are responsible for generating a total of 61,919 jobs and that 59.7 per cent of these jobs are occupied by women. It also notes that in 2003 a total of 90 inspections were carried out in these zones and that the most frequent complaints made to the labour inspectorate concerned the loss of wage incentives, the imposition of overtime, leave to attend medical consultations, sexual harassment, the setting of the basic wage on the basis of production targets, discrimination on grounds of pregnancy and dismissals. Please provide information on the measures adopted in relation to complaints concerning discrimination, with particular reference to those relating to sexual harassment and discrimination on grounds of pregnancy. The Committee would also like to be informed whether programmes and activities exist to promote equality in employment in export processing zones and, if so, it would be grateful if the Government would provide information on them.

4. Cooperation of employers’ and workers’ organizations and other appropriate bodies. The Committee, noting that the Government’s report does not provide the information requested in paragraph 4 of its previous direct request, which took up comments that had been made since 1999, once again urges the Government to indicate the methods by which it is endeavouring to obtain the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and observance of the national policy for the promotion of equality of opportunity and treatment. The Committee recalls the requirement to cooperate actively with such organizations in the preparation and monitoring of the application of measures adopted within the framework of the national policy referred to in Article 2 of the Convention and for the effective application in the workplace of the principles set forth in the Convention (paragraph 185 of the General Survey referred to in paragraph 1 of this request).