Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN) of 30 August 2012, which refer to the following: (i) discrimination against foreign workers, mainly of Nicaraguan origin, in the construction sector and on plantations, who receive lower pay than Costa Rican workers and also have inferior working conditions; (ii) discrimination against women as a result of marked occupational segregation, sexual harassment and failure to grant statutory maternity leave; and (iii) discrimination against workers with disabilities. The Committee requests the Government to send its comments on these matters.

Article 1(1)(a) of the Convention. Legislation. In its previous comments the Committee referred to Bill No. 16970 concerning the prevention and elimination of discrimination, which does not establish colour as a ground of discrimination. The Committee notes the Government’s indication that the Bill is being examined by the Legislative Assembly and that the Human Rights Committee of the Assembly has been informed of the need to include colour among the grounds of discrimination. The Committee requests the Government to continue to supply information on the legislative progress of Bill No. 16970 concerning the prevention and elimination of discrimination and asks the Government to take steps to ensure that colour is included as a prohibited ground of discrimination.

Sexual harassment. In its previous comments the Committee referred to the adoption of Act No. 8805 amending the Act against sexual harassment in employment and teaching and asked the Government to provide information on the implementation of the Act and on the measures taken to raise awareness of this issue. The Committee notes that the Directorate for Women has received information sent by various institutions in which the Act is applied, and this has given rise to the formulation of a set of interpretations of the Act and of recommendations intended for these institutions. The interpretations highlight the importance of protective measures for victims, the prohibition of preliminary investigations for reasons for confidentiality and the application of the principle in dubio pro victim (a presumption in favour of the victim). The Government indicates that the inter-institutional commission, coordinated by the Women’s Ombudsman and which includes representatives from the Ministry of Public Safety, the judiciary, the Supreme Election Tribunal, the National University and other bodies, has continued its work to collaborate in the process of implementation of the Act. The tasks performed include training activities for staff relating to sexual harassment and the preparation of model regulations for those institutions which have still not adopted regulations against sexual harassment. The Government indicates that, of the 50 per cent of institutions that have regulations relating to sexual harassment, 14 per cent are in conformity with the legislation in force. The Committee requests the Government to continue to supply information on the implementation of Act No. 8805 concerning sexual harassment and in particular on the training and awareness-raising measures which have been adopted, their impact on the prevention of sexual harassment in the workplace and also measures to ensure that entities and institutions have adopted regulations on sexual harassment which are in conformity with Act No. 8805. The Committee also requests the Government to provide information on the number of complaints of sexual harassment submitted to the labour inspectorate and the judicial authorities and any follow-up action taken.

Article 1(1)(b). Real or perceived HIV status. The Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), in particular Paragraphs 9–14 and 37. In the context of implementation of the General Act concerning HIV/AIDS and in particular section 10 thereof, which prohibits any employment discrimination against any worker living with HIV/AIDS, the Committee requests the Government to provide information on the policies and programmes adopted in relation to HIV/AIDS in the workplace, and also the legislation, collective agreements or judicial decisions which provide specific protection to prevent stigmatization or discrimination relating to real or perceived HIV status in the context of employment and occupation.

Article 2. National equality policy. Gender equality. The Committee notes the Government’s statement that, in the context of the National Policy on Gender Equality and Equity 2010–17, a review was undertaken of the Plan of Action for 2010 and a second Plan of Action for 2010–14 was drawn up with the participation of women’s and civil society institutions and organizations. The Government indicates that, even though progress has been made in the context of paid work and income generation, problems have been encountered in capacity building for women from the poorest groups and indigenous women with a view to their integration in the labour market and the elimination of discrimination at work. The Plan establishes instruments aimed at reducing the existing gender gap, giving support to micro-enterprises and specific actions in agriculture. While emphasizing the increased participation of women in formal employment, the Government states that the National Training Institute conducted activities in the context of the National Child Care and Development Network to promote the employability of women through the formulation and validation of the Assistance Programme for the Comprehensive Care of Young Persons, with a view to giving professional recognition to work traditionally undertaken by women. The Government adds that measures have been taken to consolidate the “gender equality management system”, to which the Government referred in its previous report. This includes an audit system which enables member workplaces to gradually eliminate discrimination and segregation. At present, there is one certified enterprise and four which are in the process of obtaining certification. Also being updated is the system of gender indicators, which contains 101 indicators and is valid for a ten-year period. The Committee underlines the importance of taking specific measures with a view to the elimination of gender-based segregation and points out that it is therefore necessary to eliminate stereotypes concerning the aspirations, preferences and capabilities of women and their “suitability” for certain jobs, which have contributed to occupational gender segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity (see General Survey on fundamental Conventions, 2012, paragraph 697). The Committee requests the Government to continue to supply information on the measures taken in the context of the National Policy on Gender Equality and Equity 2010–17, particularly the specific results achieved on the basis of the measures for the elimination of occupational gender segregation and the integration of women in professions and occupations traditionally performed by men. The Committee requests the Government to provide labour market statistics disaggregated by sex, economic sector, occupation and jobs. The Committee also requests the Government to provide information on the voluntary audits in organizations undertaken in the context of the “gender equality management system”, referred to in its previous report. Please also provide additional information on the system of gender indicators.

Promoting equality of opportunity and treatment irrespective of race and colour. The Committee requests the Government to provide information on the situation of indigenous women and women of African extraction and on the measures taken by the Government in this respect, particularly with regard to their integration in the labour market and the development of their traditional occupations.

Export processing zones. The Committee notes the information provided by the Government to the effect that a total of 7,728 new direct jobs were created, of which 5,302 are in the services sector and 68 per cent of which are in the area of high technology. The Committee requests the Government to provide information on the number of men and women employed in the export processing zones and on their conditions of work. The Government is requested in particular to provide statistics relating to complaints of discrimination submitted by workers in export processing zones, the grounds of discrimination concerned, the outcome thereof and the follow-up action taken.

Parts III and IV of the report form. Enforcement. The Committee notes that, according to the information supplied by the National Director of the Labour Inspectorate, the handbook of labour inspection procedures is being revised and it is planned to expand the section relating to the treatment of discrimination. The complaints submitted to the inspectorate include 228 complaints concerning the dismissal of pregnant or nursing women, restrictions on the rights of pregnant workers, and sexual harassment. The Ministry of Labour conducted five investigations. The Government states that the Directorate for Labour Inspection undertook 101 training courses in 2011 for 7,000 persons, both employers and workers. Three tripartite activities were also undertaken. The Committee requests the Government to continue to provide information on the results of labour inspections and on complaints of violation of the Convention submitted to the judicial or administrative authorities. The Committee also requests the Government to provide information on the revision of the handbook of labour inspection procedures and on the training courses relating to discrimination which have been conducted by the Directorate for Labour Inspection for its officials and for workers and employers in general.