Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislation. In its previous comments the Committee noted Bill No. 16970 for the prevention and elimination of discrimination. The Committee notes the copy of the Bill sent by the Government and the Government’s indication that the Bill is currently awaiting presentation to and discussion within the Human Rights Committee of Congress. The Committee also notes that section 4 of the Bill recognizes that the prohibited grounds of discrimination include ethnic or national origin, sex, age, disability, social or economic status, conditions of health, pregnancy, language, religion, opinions, sexual orientation, civil status and cultural diversity. However, the Committee observes that the Bill does not include colour among the prohibited grounds of discrimination and recalls the importance of ensuring that, when legislation on discrimination is adopted, account is taken of all the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to continue to provide information on the progress made in the adoption of Bill No. 16970 for the prevention and elimination of discrimination and asks the Government to ensure that when it is adopted, it will fully reflect the provisions of the Convention. The Committee recalls that the Government may avail itself of technical assistance from the Office.

National gender equality policy. The Committee notes the Government’s indication that the National Institute for Women (INAMU) has conducted a review of compliance with the National Policy for Gender Equality and Equity (2008–12). Under this policy, the “workplace gender equality management system” has been implemented, whereby public or private organizations are voluntarily audited by INAMU with a view to evaluating the progress made concerning the economic and labour rights of women. The criteria to be taken into account in this audit are human resources management, overall health and the sharing of work and family responsibilities. To date, the system has been implemented in five enterprises. The Committee also notes that, in the context of the National Vocational Training System (SINAFOR), gender mainstreaming is being applied to curriculum development at the National Training Institute, and measures have been adopted to increase the cross-cutting impact of the gender component. The Committee requests the Government to continue to supply information on the implementation of the National Policy for Gender Equality and Equity (2008–12) and its impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, particularly measures taken to address occupational segregation, which is a feature of the labour market, according to the statistics supplied by the Government. The Committee also requests the Government to continue to supply statistics on the situation of women and men in the labour market and on their distribution in the various occupations, posts and economic sectors.

Export processing zones. The Committee notes the information provided by the Government regarding the proportion of men and women employed in the export processing zones, which has remained stable (60.59 per cent men, 39.41 per cent women). The Committee requests the Government to continue to provide information in this regard.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee notes the Government’s indication that initiatives have been promoted to increase employment possibilities and strengthen capacities for production and entrepreneurship for indigenous women. Temporary day-care centres have also been established during the coffee harvest for indigenous women. The Committee requests the Government to continue to provide information on the INAMU initiatives and their impact on indigenous women and women of African descent with respect to employment and occupation. The Committee also requests the Government to provide information on the situation of indigenous peoples and persons of African descent in the labour market and the measures taken or contemplated to promote equality of opportunity and treatment for the members of these groups, in accordance with the Convention.

Complaints. The Committee notes the Government’s information concerning the activities of the Ministry of Labour and Social Security and the labour inspectorate, including: (1) the organization of two workshops for inspection staff with the aim of analysing procedures and responses with regard to the provision of care for pregnant women who have been dismissed from their jobs, and the provision of training on this subject for three officials of the Labour Relations Department; (2) the organization by INAMU of a workshop on sexual harassment for staff of the Ministry of Labour and Social Security; (3) the formulation of a plan of action under the gender equality policy of the Ministry of Labour and Social Security for the next decade, which provides for training activities for inspectors; and (4) the revision of the handbook of procedures of the labour inspectorate, which lays down procedures for handling cases of dismissal during pregnancy or the nursing period, sexual harassment, and discrimination. The Committee requests the Government to continue to provide information on the progress made with regard to the strengthening and capacity building of the monitoring and inspection mechanisms of the Ministry of Labour and Social Security, and on the results of labour inspections and of complaints for violations related to the Convention brought before the judicial and administrative authorities.