Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Costa Rica (Ratification: 1962)

Legislation. The Committee notes that a draft Act to prevent and eliminate discrimination is under discussion for approval (dossier No. 16970). The Committee asks the Government to provide a copy of the draft Act and to provide information on the steps taken towards the adoption of this Act.

National policy of gender equality. The Committee notes that the Plan of Action 2008–12 accompanying the policy of gender equality and equity (PIEG) aims at realizing the objectives set out in the PIEG, specifying the actions and the institutions responsible for carrying them out. Through the actions proposed, the Plan seeks to produce changes that can contribute to reducing the gender gaps related to, among others, employment and revenues, family responsibilities and education. The Committee notes that the Plan of Action also provides the extension of the direct coverage of the social security contribution of housewives, women domestic workers, and, in general, categories of women subject to discrimination.

Likewise, the Committee notes that in November 2008 Executive Decree No. 34936-MTSS establishing the national system of placement, orientation and information on employment was adopted. In the Government’s view, the adoption of this Decree may be important due to the use of inclusive language and its focus on gender. However, the Committee notes that the necessary conditions to mainstream gender in an integral way in the development of the system do not exist. The Committee also notes that pilot projects on placement are being promoted in two municipalities. With regard to its request concerning the guide on “good labour practices on gender”, the Committee notes that the guide could not be printed because of the lack of sources for funding.

The Committee asks the Government to provide information on the implementation of the Action Plan 2008–10 accompanying the PIEG and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation. The Committee also asks the Government to clarify the nature of the factors hindering the mainstreaming of gender in the development of the national system of placement, orientation and information on employment and invites the Government to supply information on the outcomes of the pilot projects carried out in the municipalities. Please also provide statistical information on the situation of men and women in the labour market and on their distribution in the different occupations, positions, and economic sectors.

Export processing zones. The Committee notes that according to the data of the Office for the Promotion of Foreign Trade of Costa Rica (PROCOMER), at the end of 2008, 55,718 persons, 60.4 per cent of which were men and 39.6 per cent were women, worked directly under the regime of the export processing zones. The Committee notes that there are no statistics disaggregated by occupational category concerning the distribution of men and women in this sector. The Committee asks the Government to continue to provide information on the situation of men and women working in the export processing zones.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination regarding the low salaries gained by indigenous peoples compared to the rest of the national population, and the difficulties they face in accessing education. It also notes the concerns expressed about the unemployment rate of young afro-Costa Ricans which is higher than the national average despite the high level of school enrolment of the afro-Costa Rican population (CEDR/C/CRI/CO/18, 17 August 2007, paragraphs 13 and 18). The Committee notes the initiatives of the National Institute of Women (INAMU) in favour of indigenous and afro-descendent women. The Committee asks the Government to continue to provide information on the initiatives of the National Institute of Women and their impact on the labour situation of indigenous and afro-descendent women. The Committee again asks the Government to provide information on the situation of indigenous and afro-descendent people in the labour market and the measures adopted or envisaged to promote equality of opportunity and treatment of the members of these groups in accordance with the Convention.

Complaints. The Committee notes the information provided by the Government with respect to the manner in which labour inspectors carry out inspection and re-inspection of workplaces. It notes that to date no complaints related to the provisions of the Convention have been recorded. The Committee also notes that the Action Plan 2008–12 aims to strengthen the mechanisms existing within the Ministry of Labour and Social Security to ensure compliance with women’s labour rights and protection against labour discrimination, namely dismissal of pregnant or breastfeeding women, sexual harassment and harassment at work. The Committee asks the Government to provide information on the progress made to strengthen the mechanisms existing within the Ministry of Labour and Social Security. The Committee also asks the Government to plan training activities in favour of labour inspectors on discrimination in employment and occupation and to provide information on the measures taken in this regard. Please continue to provide information on the results of labour inspections and on any complaints concerning the violation of the Convention brought before the competent authorities.