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

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

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.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2 of the Convention. National policy of equality of opportunity and treatment. The Committee observes that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations, notes with concern, inter alia: (1) women’s and girls’ underrepresentation in vocational and higher education in the fields of science, technology, engineering and mathematics; (2) women’s disproportionate burden of unpaid care work and their concentration in the informal economy and self-employed work; (3) the requirement for women applicants to produce a negative pregnancy test result to access employment; and (4) legislation, public policies and practices which reinforce patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society. The CEDAW also makes various recommendations to the State party in this connection (CEDAW/C/NIC/PCO/7-10, 30 October 2023, paragraphs 25, 26, and 35 to 38). The Committee emphasizes that occupational segregation and over-representation in non-standard forms of employment, or the stereotypes about the respective roles of women and men in society, as well as their capabilities and aspirations, are part of the structural inequalities that disadvantage women and exclude them from acceding to the labour market and to quality jobs, or from enjoying decent work. Similarly, the unequal distribution of unpaid care work in the household tends particularly to affect women’s employment. The Committee also indicates that the practice of requesting women seeking employment to undergo pregnancy testing constitutes a serious form of sex discrimination (General Survey, 2023 “Achieving gender equality at work”, paragraphs 29, 98 and 377). The Committee requests the Government to provide information on any measures adopted to: (i) prevent stereotypes of the roles and ambitions of women and men; (ii) promote women’s access to a range of jobs and training in particular in occupations where men predominate and in sectors where women are less represented, such as the sciences, technology, engineering and mathematics; and (iii) adopt measures which promote redistribution of unpaid care work with a view to facilitating better labour market access for women.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2023, in which the IOE reiterates comments made in the discussion that was held in the Committee on the Application of Standards (the Conference Committee) in June 2023 on the application of the Convention by Nicaragua. The IOE also indicated that several employer delegates to the 2023 International Labour Conference would file a complaint under article 26 of the Constitution of the ILO, alleging non-compliance by Nicaragua with the present Convention, as well as with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that the said complaint was declared receivable by the Governing Body at its 349th Session (October–November 2023) and that its content would be examined by the Governing Body at its March 2024 session.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session , June 2023)

The Committee notes the detailed discussion held in the Committee on the Application of Standards (the Conference Committee) at the 111th Session of the International Labour Conference, June 2023, regarding the application of the Convention. The Conference 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. The Conference Committee also noted the arbitrary detentions and the continuing reports of human rights violations and abuses, including gender-based discrimination. Taking account of the discussion, the Conference Committee urged 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”;
• 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 Conference Committee also requested 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-descendant 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;
• provide information on the type of violations identified relating to the application of the Convention, the corrective measures introduced and the penalties imposed.

The Conference Committee reminded the Government that it can avail itself of ILO technical assistance, if needed. The Conference Committee requested the Government to report, in consultation with the social partners, on the progress achieved in the implementation of the Convention before 1 September 2023.

In its final statement before the Conference Committee (and in its report), the Government took note of the conclusions but considered that they had been adopted for politically motivated reasons and expressed concern in that regard. The Government stressed its rejection of interference, influence and unequal treatment and affirmed that in Nicaragua, women, indigenous persons, persons of African descent and all men and women without discrimination, are protected and safeguarded and that the country protects all Nicaraguan women and men seeking labour stability and peace with employment and dignified lives.

The Committee urges the Government to give effect to the recommendations of the Conference Committee without delay.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. In its report the Government provides the following statistical information: (1) in 2020, 44 cases of sexual and quid pro quo harassment were filed with the criminal courts (25 concluded); in 2021, 37 cases (30 concluded); in 2022, 58 cases (37 concluded) and up to March 2023, 15 cases (5 resolutions); (2) the Labour and Social Welfare Courts upheld a claim of sexual harassment against a domestic worker who had been harassed by another employee (judgement No. 447/2021); (3) the Ministry of Labour dealt with 272 complaints of mistreatment and harassment at work related to non-compliance with holiday schedules, payment of overtime hours, special permissions and verbal dismissals; (4) a total of 6,609 inspections were conducted regarding equality and non-discrimination at work; and (5) between January 2018 and March 2023, 13 complaints were lodged under the administrative procedure for addressing sexual and workplace harassment in the judiciary, two of which concerned acts of sexual harassment, one of which was resolved with the termination of the harasser’s employment contract. Regarding measures on awareness-raising and prevention of sexual harassment, the Government indicates that talks were held to provide training for courts, judges, directors, judicial and administrative staff from all circumscriptions, and that in 2022, a second round of training was completed for 2,710 judiciary officials, with a total of 74 workshops, aimed at preventing gender-based violence including both workplace and sexual harassment. While noting this information, the Committee observes that it does not make clear whether the cases of sexual harassment to which the Government refers include cases of sexual harassment derived from a “hostile work environment”, that is, behaviour that creates an intimidating, hostile or degrading environment for the person targeted. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern reports of cases of gender-based violence, including psychological violence by employers and sexual harassment against many women working in the textile industry and recommended that the Government reinforce labour inspections to investigate and adequately punish such cases (CEDAW/C/NIC/PCO/7-10, 30 October 2023, paragraphs 37 and 38).

The Committee requests the Government to: (i) take the measures required to prevent and address cases of sexual harassment in the textile industry without delay; (ii) provide detailed information on the application in practice of section 17(p) of the Labour Code to cover cases of sexual harassment derived from a “hostile work environment”; (iii) continue reporting on any administrative or judicial complaint lodged with the criminal or labour courts under the provisions of the Labour or Penal Codes in relation to sexual or quid pro quo harassment, and on the penalties imposed and redress provided accordingly; and (iv) report on all measures regarding awareness-raising and training on prevention and treatment of sexual harassment aimed at employers and workers and their respective organizations, as well as the persons and authorities that address such cases.

Discrimination on the basis of political opinion. The Committee notes that the Government provided information orally to the Conference Committee regarding the legislation of the country, including on section 27 of the Constitution, which prohibits, inter alia, discrimination based on political opinion. The Government indicates that Special Act No. 779 refers to the subject of political discrimination and that the organization of access to power is governed by the Constitution of Nicaragua, by the electoral process and by Electoral Act No. 331. In its report, the Government states that between January 2018 and March 2023, two cases of discrimination on the grounds of political opinion were filed with the Labour and Social Welfare Courts: (1) a case of discriminatory dismissal against a woman worker whose politics aligned with the Government in which the court found for the defendant and upheld her claim for compensation in its entirety (judgment No. 113/2019); and (2) a case of discrimination on grounds of political opinion against a woman worker, whose employment contract was affected by collective suspension measures, and in which the worker’s claim for reinstatement was upheld in its entirety (judgment 06/2020).

The Committee observes with deep concern that the reports of United Nations bodies highlight the continuation of serious political discrimination in the country. The Group of Human Rights Experts on Nicaragua (GHREN) in its report and detailed conclusions of March 2023, indicates that: (1) serious and systematic human rights violations and abuses have been committed against a sector of the Nicaraguan population, including violations of the right to participate in public affairs and of the freedoms of expression, opinion, association, assembly, conscience and religion; (2) such violations and abuses constitute a systematic and generalized attack against a civilian population through a discriminatory policy that includes the perpetration of human rights violations and crimes under international law and that have not only resulted in the destruction of the civic and democratic space in Nicaragua but, after thorough verification, indeed reveal that crimes against humanity continue to be perpetrated; (3) health workers who defied the order not to provide assistance to persons taking part in the 2018 demonstrations have suffered reprisals, including detention, threats, harassment and dismissal, while students and teachers considered as Government opponents were subject, inter alia, to arbitrary expulsion, cancelled scholarships, unfair dismissal and were refused matriculation; (4) there are reasonable grounds to believe that the authorities have sought to silence journalists, men and women, using, among other methods, physical aggression of journalists during their work, constant surveillance of media installations and of their points of access, restrictions and censure rendering the work of various media impossible, orders to shut down dozens of communication media, and numerous detentions and interrogations; and (5) there would have been various unfair dismissals of officials in the justice system, judges threatened with dismissal unless they confirm charges, pressure on public servants to pay membership dues to the Sandinista National Liberation Front (FSLN) under threat of harassment and reprisals, and career advances to reward judges responsible for cases against persons considered to be Government opponents (see document A/HRC/52/63, paragraphs 31, 123, 124 and 126; and document A/HRC/52/CRP.5, paragraphs 167–183, 412–424, 557, 637, 792, 796, 799, 801, 806, 811 and 853–862).

Similarly, the Committee observes that in resolution A/HRC/RES/52/2 of 3 April 2023, the United Nations Human Rights Council: (1) expressed grave concern at the “deterioration of democracy, the rule of law, the separation of the powers and the situation of human rights in Nicaragua, in particular with regard to the enjoyment of civil and political rights”; (2) expressed concern at the worsening restrictions on civic and democratic space and the repression of dissent in Nicaragua, which includes acts of intimidation, harassment and unlawful or arbitrary surveillance of persons who express views that are critical of the Government of Nicaragua”; (3) urgently called on the Authorities in Nicaragua “to cease immediately the use of arbitrary arrests and detentions, as well as of threats and other forms of intimidation or alternative measures of detention, as a means to repress dissent; and (4) called on the Government of Nicaragua to prevent and publicly condemn, investigate, punish and abstain from any acts of intimidation, harassment or reprisal against […] any individual critical of the Government, including against those who cooperate or seek to cooperate with international and regional bodies. By the same resolution, the Human Rights Council renewed the mandate of the GHREN for two years (A/HRC/RES/52/2, paragraphs 1, 2, 5, 12 and 15). The Committee also notes that in September 2023 the Chairperson of the GHREN gave an update to the Human Rights Council on the situation in the country, indicating that the general human rights environment had worsened and persecution of dissidents by the Government had escalated (see Human Rights Council press communiqué of 12 September 2023). Likewise, the Committee observes that the CEDAW, in its concluding observations, notes with concern the information about impunity for gender-based violence, including against women in detention for political reasons (CEDAW/C/NIC/PCO/7-10, of 30 October 2023, paragraph 27).

The Committee also notes with deep concern that the Inter-American Court of Human Rights (IAHCR), through its annual report for 2022 and various press communiqués from 2023, signalled a context of repression and human rights violations in the country (see IACHR Annual Report, 2022, Chapter IV.B, paragraphs 175 and 177; and press communiqués Nos 24/23, 67/23 and 123/23). The Committee notes that the IACHR and its Special Rapporteurship on Economic, Social, Cultural and Environmental Rights (REDESCA) expressed concern at the violations of the social security rights of Nicaraguans arbitrarily deprived of their nationality; according to information received, the State decided decision to remove all older persons who have been declared stateless and “traitors to the country” from the Nicaraguan Institute of Social Security (INSS) registry (see the REDESCA report on Poverty, Climate Change and Economic, Social, Cultural and Environmental Rights in Central America and Mexico, in the context of Human Mobility (“Pobreza, Cambio Climático y DESCA en Centro América y México, en el Contexto de Movilidad Humana”), and IACHR press communiqué 61/23 of 14 April 2023). The Committee also observes that during 2023 the Inter-American Court of Human Rights issued several resolutions on Provisional Measures related to the political situation in the country (such as the resolutions of 8 February, 22 March, 27 June and 25 September 2023).

The Committee emphasizes that protection against discrimination on the basis of political opinion in employment and occupation implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, including political affiliation. The Committee affirms that the general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory (General Survey on Equality in Employment and Occupation, 1988, paragraph 57, and General Survey on fundamental Conventions, 2012, paragraph 805). The Committee deplores that, according to United Nations bodies and the IACHR, human rights violations are continuing and worsening in the country. The Committee reiterates that a climate of violence, insecurity and intimidation as described by the United Nations bodies and the IACHR encourages the commission of serious acts of discrimination in employment and occupation against persons expressing their political opinion. In this regard, the Committee deplores the fact that the above institutions refer, inter alia, to acts that could amount to serious discrimination in employment and occupation against persons considered as in opposition to the Government, including acts of harassment and threats during, or in relation to the individuals’ employment, unfair dismissals, discrimination in appointments or promotions, preventing access to education and vocational training, and exclusion from social security systems.

The Committee strongly urges the Government to adopt all necessary measures to give effect to the Committee’s observations in respect of discrimination in employment and occupation and, in particular to eliminate discrimination on political grounds and provide appropriate protection to workers in cases of discrimination on the basis of political opinion. The Committee requests the Government to provide information on the result of all investigations concluded in relation to complaints lodged with the administrative or judicial authorities regarding acts of discrimination on the basis of political opinion.

Discrimination on the basis of race. Indigenous peoples. The Committee observes that in its oral statement to the Conference Committee, and also in its report, the Government notes that the Caribbean Coast is a priority area for human and socioeconomic development, including the creation of employment for indigenous families and families of African descent. Among the action adopted, the Government highlights: (1) the National Plan against Poverty for Human Development, 2021-2026, which includes, among other actions, teachers’ training as part of the bilingual intercultural transformation at pre-school, primary and secondary levels of education; strengthened partnerships and cooperative management and financing through a microcredit programme to promote entrepreneurship on the Caribbean coast; the promotion of agroforestry systems using crops strategically selected; assistance for families managing fowl and pigs for sustainable production; and by providing financial support for technology; and (2) the extension of technical education and training coverage through the technical colleges – Bluefields, Héroes y Mártires de Puerto Cabeza, Bernardino Díaz Ochoa de Siuna, Waspam, Corn Island, Bonanza and Rosita – where students of different ethnicities, and of African descent can study in their own languages. The Committee observes that the CEDAW, in its concluding observations, notes with concern that: (1) indigenous and Afro-descendant women face intersecting forms of discrimination and have limited access to education, employment and economic opportunities; (2) the impact of non-recognition of indigenous lands on the livelihoods of indigenous women; and (3) the limited access of indigenous women to higher education (CEDAW/C/NIC/PCO/7-10 of 30 October 2023, paragraphs 35 and 45). Likewise, the Committee notes from its report that the GHREN considers it important to further investigate violations and abuses committee against indigenous peoples and rural workers, and aspects related to corruption and the instrumentalization of the State apparatus, as well as the confiscation of assets (see document A/HRC/52/63, paragraph 9). The Committee requests the Government to: (i) report on any measures adopted to prevent and eliminate all forms of discrimination in employment and occupation against indigenous women; (ii) promote the access of indigenous women to education, employment and economic opportunities, including to the material resources required for the performance of their traditional occupations; and (iii) continue to report on any other measure adopted or envisaged to protect indigenous and Afro-descendent peoples against racial discrimination in employment and occupation.

Article 2. National policy on equality of opportunity and treatment. Public service and private sector. The Committee again requests the Government to provide information on the outcomes of the many actions taken relating to the national policy of equality of opportunity and treatment (for example, statistics on the labour market participation rate for women and men; the number of anti-discrimination activities undertaken; and the number of participants currently in training).

Enforcement. Labour inspection. The Government reports that of the 83,576 labour inspections conducted between 2018 and 2023, 8,854 (around 10 per cent) concerned offences related to equality and non-discrimination. The Committee requests the Government to provide detailed information on: (i) the prohibited grounds of discrimination alleged in the cases examined by the labour inspection, as well as any penalty imposed, and redress granted in cases that have been upheld; and (ii) any decision relating to cases of discrimination in employment and occupation adopted by the law courts.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee takes note of the labour legislation provisions (Labour Code, section 17(p)) and in the field of criminal justice (Criminal Code, section 174, as amended by Act No. 779 against violence towards women) which sanction sexual harassment and quid pro quo sexual harassment. The Committee also notes from the Government’s report that: (1) in October 2020, the Supreme Court of Justice adopted the “Protocol to prevent and address labour and sexual harassment in the Nicaraguan legal system”, which aims to prevent, address and eliminate all forms of violence arising from labour and sexual harassment throughout the legal system; (2) the Ministry of Labour has been implementing processes to address labour complaints, including complaints of labour harassment, with mechanisms providing immediate action and prompt investigation by the labour inspectorate, in strict compliance with the labour legislation, and without prejudice to action that the workers affected may take through appropriate judicial channels; (3) between 2018 and 2021 the Ministry of Labour received 111 complaints of ill-treatment, labour and sexual harassment (in 40, the complaint was not upheld; 36 were accepted; 15 were settled with an agreement between the parties; 5 were withdrawn; and 4 went to criminal proceedings); (4) the Ministry of Labour has a Technical Gender Unit, which promotes equality of treatment and opportunity for women and men; and (5) between April 2020 and March 2021, none of the 19 labour courts of the first instance recorded a complaint for sexual harassment at the workplace. The Committee welcomes the initiative taken by the Supreme Court of Justice and observes that the above-mentioned Protocol defines sexual harassment as including harassment that is assimilated to blackmail (quid pro quo harassment) as well as harassment derived from a hostile work environment. The Committee requests the Government to:

• (i)indicate the extent to which the provision of the Labour Code (section 17(p)) also covers the “hostile work environment”;
• (ii)provide details of the penalties imposed where complaints submitted to the Ministry of Labour are upheld and identified as acts of sexual harassment;
• (iii)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; and
• (iv)continue to provide information on all measures adopted regarding awareness-raising and prevention of sexual harassment.

Discrimination on the basis of political opinion. The Committee notes that the Government: (1) refers to the Political Constitution and its provisions on non-discrimination on grounds of political creed, freedom of expression and equality in the enjoyment and exercise of political rights; (2) reports that none of the labour lawsuits filed against the central State ministries arise from political discrimination against civil or public servants, who enjoy freedom to take up the ideas of any political ideology, as they see fit; (3) in the period between April 2020 and March 2021, the labour courts heard no cases of violations of fundamental rights related to discrimination on ideological or political grounds; (4) the Office of the Procurator for Human Rights is the national institution that promotes, defends and safeguards the constitutional rights of citizens, and conducts, by virtue of Act No. 212 of 1995, ex officio investigations or investigations at the request of the party, of complaints of alleged human rights violations (the Government reports that no complaints of pressure or reprisals for participation in any type of demonstration have been received, and that during the unsuccessful 2018 coup d’état, 47 public servants denounced curtailed freedom of movement); and (5) in 2020, the Office of the Procurator for Human Rights initiated a direct approach and proximity strategy for Nicaraguans, promoting human rights education, and the receipt of complaints (the Government reports that more than 3,000 visits to urban and rural areas have been undertaken, and no complaints on grounds of political opinion have been received from the public).

The Committee notes with concern the serious situation of political discrimination in the country, as reflected in the reports from United Nations bodies and the Inter-American Human Rights System. This context explains the grounds that led to the adoption of resolution 49/3 on the promotion and protection of human rights in Nicaragua, adopted by the United Nations Human Rights Council on 31 March 2022, in which the Council, among other matters: (1) expressed grave concern “at the violations of civil and political rights in the context of the electoral process of 2021, in contravention of the obligations of Nicaragua to uphold the right of every citizen to take part in the conduct of public affairs and to vote and be elected in genuine periodic elections” as well as at “the adoption and use of legal provisions that explicitly aim, or may be used, to restrict the ability of Nicaraguan citizens to participate in the political process;” (2) condemned “the continuation of arbitrary detentions and new arbitrary detentions, including in the context of the electoral process of 2021, of, inter alia, opposition pre-presidential candidates and political leaders, human rights defenders, business people, journalists, peasant and student leaders and members of civil society organizations, and expressing grave concern for their integrity, treatment and detention conditions, including health conditions, which may constitute torture or cruel, inhuman or degrading treatment or punishment, and recognizing the particular vulnerability of older and sick persons, and women and girls, in detention”; (3) expressed “grave concern at the deterioration of democracy and the situation of human rights in Nicaragua, in particular with regard to the enjoyment of civil and political rights, continuing reports of human rights violations and abuses”; and (4) decided to “establish, for a period of one year, a group of three human rights experts on Nicaragua, to be appointed by the President of the Human Rights Council”, which, among other activities, will “conduct thorough and independent investigations into all alleged human rights violations and abuses committed in Nicaragua since April 2018, including the possible gender dimensions of such violations and abuses, and their structural root causes” (A/HRC/RES/49/3, preambular paragraphs 9 and 12, substantive paragraphs 1 and 14(a)). The Committee also notes that the Human Rights Committee (United Nations Covenant on Civil and Political Rights (CCPR)) refers to a generalized repression to restrain the people (CCPR/C/NIC/CO/4, 3 November 2022, paragraphs 31, 35 and 37), and that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the fifth periodic report of Nicaragua, expressed deep concern to note allegations that persons who oppose or criticize the Government are subjected to discrimination on the basis of political opinion that affects the exercise and enjoyment of their economic, social and cultural rights, in particular their right to work and their access to health services (E/C.12/NIC.CO/5, 11 November 2021, paragraph 17). Lastly, the Committee notes the press release from the Inter-American Commission on Human Rights (IACHR) of 4 November 2022 which notes the “recrudescence of repression and persecution of political opponents”.

In the same vein, the Committee notes with concern that the Inter-American Court of Human Rights adopted on 22 November 2022 a resolution on provisional measures (Matter of Juan Sebastián Chamorro et al. and 45 inmates in 8 prisons, regarding Nicaragua) in which it declared the State of Nicaragua to be in permanent contempt of court for failing to comply with the provisional measures, whose purpose is precautionary and protective, in violation of its obligations under the American Convention on Human Rights. The Committee considers that a climate of violence, insecurity and intimidation, as described by the United Nations bodies or the IACHR is propitious for serious acts of discrimination in employment and occupation against persons who express their political opinion. The Committee urges the Government to adopt the necessary measures to comply with its observations on matters of non-discrimination in employment and occupation, and requests the Government to report on: (i) any additional measure taken to eliminate discrimination on political grounds and provide adequate protection for workers in the event of discrimination on the basis of political opinion; and (ii) the outcome of any investigation conducted into complaints against the administrative or judicial authorities for acts of discrimination on the basis political opinion.

Discrimination on the basis of race. Indigenous peoples. The Committee notes the Government’s indication that the global registry of enrolment in higher education and vocational training for the 2020 and 2021 period shows a total of 308,699 students, of whom 49,911 were from indigenous or Afro-descendent peoples and of whom more than half were women. The Government provides detailed statistics disaggregated by sex, region and university, and reports on measures taken in them to prevent and eradicate discrimination in education. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), in particular that the Committee: (1) “urges the State to take the urgent action required to guarantee effective protection and respect for the rights of indigenous and Afro-descendent peoples, particularly in the Atlantic Coast region” and “urges the State Party to continue its efforts to effectively promote social inclusion, reduce the incidence of poverty and inequality affecting members of indigenous or Afro-descendent peoples, including through the adoption of specific or affirmative action to eliminate the structural discrimination that they continue to face”; and (2) “recommends that the State Party combat the multiple forms of discrimination faced by indigenous and Afro-descendent women, including through the incorporation of a gender perspective in all policies and strategies against racial discrimination”. Equally, the CERD recommend that Nicaragua adopt measures ensuring that indigenous and Afro-descendent women have access to all of their rights, including education, employment and health, taking account of cultural and linguistic differences” (CERD/C/NIC/CO/15-21, 30 August 2022, paragraphs 17 and 39). In this respect, the Committee requests the Government to continue reporting on all measures adopted or envisaged to protect indigenous and Afro-descendent peoples against racial discrimination in employment and occupation.

Article 2. National policy on equality of opportunity and treatment. Public service and private sector. With regard to its previous comments, the Committee welcomes and notes the detailed information provided by the Government on: (1) the legal framework recognizing equality as the starting point for promoting and obtaining non-discrimination; (2) various initiatives to generate employment for women; (3) statistical data on the employment of men and women in the public sector (in 2021, 59 per cent were women; in the judiciary, more than 60 per cent of administrative and managerial posts were occupied by women); (4) the constitutional decision on equality between men and women in posts assigned by popular election; (5) many programmes, strategies, plans and projects to eliminate gender stereotypes, and action to provide protection against discrimination in early childhood, adolescence and youth; and (6) continuous training processes for public servants in the area of legislation on equality. The Committee requests the Government to continue reporting on the outcomes of the many actions taken relating to the national policy of equality of opportunity and treatment.

Enforcement. Labour inspection. The Committee notes the number of inspections undertaken relating to equality and non-discrimination at work as reported by the Government. The Committee requests the Government to provide information on the type of violations identified relating to the application of the Convention, the corrective measures introduced and the penalties imposed.

In light of the situation described above, the Committee notes with deep concern the climate of violence, insecurity and intimidation in the country which is propitious for serious acts of discrimination in employment and occupation against persons who express their political opinion. In this context, the Committee notes the arbitrary detentions of political leaders, human rights defenders, business people, journalists, peasant and student leaders and members of civil society organizations. It further notes the continuing reports of human rights violations and abuses, including gender-based discrimination. The Committee considers that this case meets the criteria set out in paragraph 114 of its General Report to be asked to come before the Conference.

[The Government is asked to supply full particulars to the Conference at its 111th Session and to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee asked the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that explicitly covers both quid pro quo and hostile work environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and imposes penalties on offenders, whether they are employers, work colleagues or clients. The Committee notes the Government’s indication in its report that the Ministry of Labour guarantees immediate attention for complaints of violations of the labour conditions, safety and dignity of women workers, and reinstates labour rights, without prejudice to the right to take criminal action with the competent authorities for the criminalization and punishment of sexual harassment. The Government adds that, in accordance with the Labour Code, employers are required to ensure that women workers are not subject to sexual harassment or blackmail and that they are not subject to offers of advantages or threats in order to compel them to have sexual relations. While noting this information, the Committee recalls that in its 2012 General Survey on the fundamental Conventions it emphasized that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment and that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (paragraphs 791 and 792). The Committee also recalls that it asked the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors. In this regard, the Committee notes the Government’s information on the training and awareness-raising programmes for the prevention of sexual harassment and on labour rights undertaken between 2016 and May 2017 for men and women, with the participation of 1,487 women and the delivery during the training sessions of 16,000 manuals on labour rights, freedom of association and occupational safety and health. The Government also refers to the application by labour inspectors of the Labour Inspection Guide, which contains section 7 on equality and non-discrimination. The Committee firmly hopes that the Government will take the necessary measures to define sexual harassment (quid pro quo and hostile work environment) and asks it to provide information in this regard. The Committee also asks the Government to provide information on: (i) the operation of the administrative mechanisms for the examination of complaints; (ii) the procedure for the compensation of victims and the punishment of those responsible, whether they are employers, work colleagues or clients; and (iii) any complaints of sexual harassment at work made to the labour inspection services and the judicial authorities and their outcome. The Committee also asks the Government to continue taking awareness-raising and prevention measures in relation to sexual harassment and to provide information in this regard.

Discrimination on the basis of political opinion. The Committee refers to its previous comments in which it asked the Government to provide specific information on the measures taken in the context of the national equality policy, including awareness-raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asked the Government to report any complaints in this regard made to the administrative or judicial authorities. Noting that the Government has not provided comments on this subject, the Committee recalls that the protection afforded by the Convention against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, but does not apply where violent methods are used. The general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory. Cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job (see General Survey of 2012, paragraph 805). In this regard, the Committee notes that the Inter-American Commission on Human Rights, in its 2018 report on Gross Human Rights Violations in the Context of Social Protests in Nicaragua indicated that it “received testimony from many persons regarding state officials from different institutions said to have been forced to participate in activities in support of the government under the threat of dismissal” (OEA/Ser.L/V/II, Doc. 86, 21 June 2018, paragraph 252). The Committee once again asks the Government to provide specific information on the measures taken under the national equality policy to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of discrimination on the basis of political opinion. It also asks the Government to provide information on any complaints made in this regard to the administrative or judicial authorities.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy of equality of opportunity and treatment. In its previous comments, the Committee asked the Government to take specific measures to assess the results of the implementation of national equality policy and the equality programmes adopted and to provide information on their impact on the various sectors of the population and on the difficulties encountered in giving full effect to the Convention in respect of, in particular, the grounds of discrimination set out in Article 1(1)(a) of the Convention, including information on workers in export processing zones. In this regard, the Committee notes the information provided by the Government on the organization between 2012 and May 2017 of 15 meetings between the various departments of the country, state institutions and organizations of persons with disabilities, which benefited 508 workers. In this context, the Government places emphasis on Act No. 763, which provides that enterprises and institutions with over 50 workers shall include at least 2 per cent of persons with disabilities, and that enterprises with between ten and 50 workers shall include at least one person with disabilities. It notes that, in relation to workers in export processing zones, the Government confines itself to indicating that the system of access to employment in export processing zones is based on the technical qualities of the applicant without any discrimination of any type. In this regard, the Committee recalls that discrimination in employment and occupation is a universal phenomenon and is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. In this respect, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee once again emphasizes the importance of constant awareness of the need for continuous action, which can always be improved, in the areas in which effect has to be given to the national policy on equality of opportunity and treatment in respect of employment and occupation. Statements that the application of the Convention does not give rise to any difficulties in practice, or that it is fully applied, without providing further information on the content of, or the means by which the national policy is applied, are difficult to accept. The promotion of equality of opportunity and treatment is not aimed at a stable and definitive situation, but is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, including to address new issues and difficulties (see General Survey of 2012, paragraph 671). Under these conditions, while noting the information provided by the Government, the Committee asks the Government to: (i) take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted; (ii) provide information on their impact on the various sectors of the population, and particularly the most vulnerable population groups, such as the rural population, indigenous and Afro-descendent peoples, and to take into account the aggravating effects of discrimination in relation to women; and (iii) provide information on the difficulties encountered in giving full effect to the Convention in practice, including in respect of men and women workers in export processing zones.

Equal opportunity and treatment for men and women. Public service. In its previous comments, the Committee asked the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service, and asked it to include statistical information on this subject. It notes the activities carried out by the judicial authorities in the context of the gender equality policy 2016–20 referred to in its direct request on the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue to provide information on the measures adopted or envisaged to promote gender equality and on the results achieved in relation to the distribution of men and women in the public service, including relevant statistical data. In this regard, the Committee asks the Government to provide statistical data showing the impact of the affirmative measures adopted under the policy to promote gender equality in the judicial authorities.

Private sector. In its previous comments, the Committee asked the Government to provide information on the specific measures taken, including the measures adopted by the Nicaragua Institute for Women, with a view to increasing the labour market participation of women, and their impact. The Committee also asked the Government to provide further information on the measures taken in relation to access to credit and land ownership for women and their results, as well as on the impact of training and entrepreneurship development activities on the labour market participation of women, including in non-traditional occupations, and to provide statistics in this regard. The Committee notes the information provided by the Government on the training and awareness-raising action undertaken between 2007 and May 2017 covering 138,396 women own-account workers, leaders, cooperative members, heads of small businesses and public officials on personal, family and community development with a view to eradicating inequality and overcoming poverty. The Government adds that the “Zero hunger” and “Micro-credit zero usury” programmes were established. The Government indicates that between 2007 and 2016, the “Zero hunger” programme provided subsidies to 173,154 women in urban and semi-urban areas to fund small businesses and promote the production of food for their own consumption. The “Micro-credit zero usury” programme provided credit to 709,019 women to promote small businesses and facilitated the delivery of 293,476 property titles to women in rural areas and women heads of households in urban areas. The Government adds that a gender policy has been adopted which includes action to ensure equality in personnel recruitment, selection and promotion procedures, training and skills development for women and men, the review of the payroll in public bodies to ensure equitable remuneration, the promotion of the assignment of work free from gender stereotypes and the suppression of discriminatory language in documents and publications. The Committee asks the Government to continue providing information on the measures adopted by the Nicaraguan Institute for Women, and particularly statistical data, with a view to increasing the participation of women in the labour market and their outcome. The Committee also once again asks the Government to provide information on any measures adopted with a view to eliminating stereotypes relating to the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibility benefit both men and women workers.

Enforcement. Labour inspection. In its previous comments, the Committee asked the Government to continue providing information on the action taken by the labour inspection services in relation to the application of the Convention and, in particular, to provide a copy of the Labour Inspection Guide, and to report on the results of their application and the obstacles encountered. The Committee notes the information provided on the inspection system, which includes 386 inspectors who apply the Labour Inspection Guide within the framework of special equality plans. In this regard, the Government attached the Labour Inspection Guide and referred to section 7 of the Guide, on equality and non-discrimination, through which action is taken to ascertain whether discrimination has occurred in employment on grounds of race, sex, disability, illness, pregnancy or nursing, or sexual harassment. The Committee also notes the awareness-raising measures indicated by the Government in its report, consisting of legal support for 1,657 women who claimed their labour rights in the courts, and the preparation of manuals in 2016 and 2017 on the rights of women workers. The Committee asks the Government to continue providing information on the activities carried out by the labour inspection services in relation to the application of the Convention, including statistical data, and on the obstacles encountered.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. In its previous comments, the Committee asked the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that explicitly covers both quid pro quo and hostile work environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and imposes penalties on offenders, whether they are employers, work colleagues or clients. The Committee notes the Government’s indication in its report that the Ministry of Labour guarantees immediate attention for complaints of violations of the labour conditions, safety and dignity of women workers, and reinstates labour rights, without prejudice to the right to take criminal action with the competent authorities for the criminalization and punishment of sexual harassment. The Government adds that, in accordance with the Labour Code, employers are required to ensure that women workers are not subject to sexual harassment or blackmail and that they are not subject to offers of advantages or threats in order to compel them to have sexual relations. While noting this information, the Committee recalls that in its 2012 General Survey on the fundamental Conventions it emphasized that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment and that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (paragraphs 791 and 792). The Committee also recalls that it asked the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors. In this regard, the Committee notes the Government’s information on the training and awareness-raising programmes for the prevention of sexual harassment and on labour rights undertaken between 2016 and May 2017 for men and women, with the participation of 1,487 women and the delivery during the training sessions of 16,000 manuals on labour rights, freedom of association and occupational safety and health. The Government also refers to the application by labour inspectors of the Labour Inspection Guide, which contains section 7 on equality and non-discrimination. The Committee firmly hopes that the Government will take the necessary measures to define sexual harassment (quid pro quo and hostile work environment) and asks it to provide information in this regard. The Committee also asks the Government to provide information on: (i) the operation of the administrative mechanisms for the examination of complaints; (ii) the procedure for the compensation of victims and the punishment of those responsible, whether they are employers, work colleagues or clients; and (iii) any complaints of sexual harassment at work made to the labour inspection services and the judicial authorities and their outcome. The Committee also asks the Government to continue taking awareness-raising and prevention measures in relation to sexual harassment and to provide information in this regard.

Discrimination on the basis of political opinion. The Committee refers to its previous comments in which it asked the Government to provide specific information on the measures taken in the context of the national equality policy, including awareness-raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asked the Government to report any complaints in this regard made to the administrative or judicial authorities. Noting that the Government has not provided comments on this subject, the Committee recalls that the protection afforded by the Convention against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, but does not apply where violent methods are used. The general obligation to conform to an established ideology or to sign an oath of political allegiance is discriminatory. Cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job (see General Survey of 2012, paragraph 805). In this regard, the Committee notes that the Inter-American Commission on Human Rights, in its 2018 report on Gross Human Rights Violations in the Context of Social Protests in Nicaragua indicated that it “received testimony from many persons regarding state officials from different institutions said to have been forced to participate in activities in support of the government under the threat of dismissal” (OEA/Ser.L/V/II, Doc. 86, 21 June 2018, paragraph 252). The Committee once again asks the Government to provide specific information on the measures taken under the national equality policy to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of discrimination on the basis of political opinion. It also asks the Government to provide information on any complaints made in this regard to the administrative or judicial authorities.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy of equality of opportunity and treatment. In its previous comments, the Committee asked the Government to take specific measures to assess the results of the implementation of national equality policy and the equality programmes adopted and to provide information on their impact on the various sectors of the population and on the difficulties encountered in giving full effect to the Convention in respect of, in particular, the grounds of discrimination set out in Article 1(1)(a) of the Convention, including information on workers in export processing zones. In this regard, the Committee notes the information provided by the Government on the organization between 2012 and May 2017 of 15 meetings between the various departments of the country, state institutions and organizations of persons with disabilities, which benefited 508 workers. In this context, the Government places emphasis on Act No. 763, which provides that enterprises and institutions with over 50 workers shall include at least 2 per cent of persons with disabilities, and that enterprises with between ten and 50 workers shall include at least one person with disabilities. It notes that, in relation to workers in export processing zones, the Government confines itself to indicating that the system of access to employment in export processing zones is based on the technical qualities of the applicant without any discrimination of any type. In this regard, the Committee recalls that discrimination in employment and occupation is a universal phenomenon and is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. In this respect, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. The Committee once again emphasizes the importance of constant awareness of the need for continuous action, which can always be improved, in the areas in which effect has to be given to the national policy on equality of opportunity and treatment in respect of employment and occupation. Statements that the application of the Convention does not give rise to any difficulties in practice, or that it is fully applied, without providing further information on the content of, or the means by which the national policy is applied, are difficult to accept. The promotion of equality of opportunity and treatment is not aimed at a stable and definitive situation, but is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, including to address new issues and difficulties (see General Survey of 2012, paragraph 671). Under these conditions, while noting the information provided by the Government, the Committee asks the Government to: (i) take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted; (ii) provide information on their impact on the various sectors of the population, and particularly the most vulnerable population groups, such as the rural population, indigenous and Afro-descendent peoples, and to take into account the aggravating effects of discrimination in relation to women; and (iii) provide information on the difficulties encountered in giving full effect to the Convention in practice, including in respect of men and women workers in export processing zones.

Equal opportunity and treatment for men and women. Public service. In its previous comments, the Committee asked the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service, and asked it to include statistical information on this subject. It notes the activities carried out by the judicial authorities in the context of the gender equality policy 2016–20 referred to in its direct request on the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue to provide information on the measures adopted or envisaged to promote gender equality and on the results achieved in relation to the distribution of men and women in the public service, including relevant statistical data. In this regard, the Committee asks the Government to provide statistical data showing the impact of the affirmative measures adopted under the policy to promote gender equality in the judicial authorities.

Private sector. In its previous comments, the Committee asked the Government to provide information on the specific measures taken, including the measures adopted by the Nicaragua Institute for Women, with a view to increasing the labour market participation of women, and their impact. The Committee also asked the Government to provide further information on the measures taken in relation to access to credit and land ownership for women and their results, as well as on the impact of training and entrepreneurship development activities on the labour market participation of women, including in non-traditional occupations, and to provide statistics in this regard. The Committee notes the information provided by the Government on the training and awareness-raising action undertaken between 2007 and May 2017 covering 138,396 women own-account workers, leaders, cooperative members, heads of small businesses and public officials on personal, family and community development with a view to eradicating inequality and overcoming poverty. The Government adds that the “Zero hunger” and “Micro-credit zero usury” programmes were established. The Government indicates that between 2007 and 2016, the “Zero hunger” programme provided subsidies to 173,154 women in urban and semi-urban areas to fund small businesses and promote the production of food for their own consumption. The “Micro-credit zero usury” programme provided credit to 709,019 women to promote small businesses and facilitated the delivery of 293,476 property titles to women in rural areas and women heads of households in urban areas. The Government adds that a gender policy has been adopted which includes action to ensure equality in personnel recruitment, selection and promotion procedures, training and skills development for women and men, the review of the payroll in public bodies to ensure equitable remuneration, the promotion of the assignment of work free from gender stereotypes and the suppression of discriminatory language in documents and publications. The Committee asks the Government to continue providing information on the measures adopted by the Nicaraguan Institute for Women, and particularly statistical data, with a view to increasing the participation of women in the labour market and their outcome. The Committee also once again asks the Government to provide information on any measures adopted with a view to eliminating stereotypes relating to the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibility benefit both men and women workers.

Enforcement. Labour inspection. In its previous comments, the Committee asked the Government to continue providing information on the action taken by the labour inspection services in relation to the application of the Convention and, in particular, to provide a copy of the Labour Inspection Guide, and to report on the results of their application and the obstacles encountered. The Committee notes the information provided on the inspection system, which includes 386 inspectors who apply the Labour Inspection Guide within the framework of special equality plans. In this regard, the Government attached the Labour Inspection Guide and referred to section 7 of the Guide, on equality and non-discrimination, through which action is taken to ascertain whether discrimination has occurred in employment on grounds of race, sex, disability, illness, pregnancy or nursing, or sexual harassment. The Committee also notes the awareness-raising measures indicated by the Government in its report, consisting of legal support for 1,657 women who claimed their labour rights in the courts, and the preparation of manuals in 2016 and 2017 on the rights of women workers. The Committee asks the Government to continue providing information on the activities carried out by the labour inspection services in relation to the application of the Convention, including statistical data, and on the obstacles encountered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee referred to the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate penalties for the offenders, whether they are employers or workers. The Committee recalled that addressing sexual harassment only through criminal proceedings is normally not sufficient. The Committee notes the Government’s indication that it is not possible at present to amend the Labour Code, that the existing provisions are in conformity with the Convention, and that the Ministry of Labour and the labour inspectorate have not received any complaints of sexual harassment. The Committee once again requests the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that expressly covers both quid prod quo and hostile working environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and penalties for offenders, whether they are employers, work colleagues or clients. The Committee also asks the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors and on any complaints of sexual harassment in the workplace filed with the labour inspectorate or the judicial authorities.

Discrimination on the basis of political opinion. The Committee refers to the comments of the Trade Union Unification Confederation (CUS) on the dismissal of many public sector workers for not subscribing to the ideology of the political party of the current Government and on the need to conduct an investigation in order to determine whether discrimination occurs for political reasons. The Committee notes the Government’s indication that discrimination for political reasons does not exist in the country, but does not refer to any investigation being conducted. The Committee requests the Government to provide specific information on the measures taken under the national equality policy, including awareness raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asks the Government to report any complaints in this regard filed with the administrative or judicial authorities.

Article 2. Public service. The Committee notes the information provided by the Government on the job classification system based on abilities, merit, responsibilities and equality. The Government also indicates that there is a higher percentage of women than men in central administration executive and director level positions. Moreover, the Committee notes that the “Statistical data on gender equality and equity in Nicaragua” of 2013, published by the National Assembly, show that women’s participation in the country’s political activities has increased significantly (women hold 42.39 per cent of the seats in the National Assembly and more than 50 per cent of ministerial posts, and they represent 29 per cent of Supreme Court members, 57 per cent of judges and 33 per cent of police personnel). In addition, various state institutions have adopted gender equality policies and most of them have established units or offices specializing in gender. The Government adds that the Civil Service Appeals Committee has not examined any complaints of discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service. The Committee requests the Government to include statistical information in this regard.

Policies to promote gender equality. Private sector. The Committee notes the information provided by the Government on the measures and programmes adopted under the National Employment and Decent Work Policy that have targeted both men and women, and consist of active employment policies through free employment services (68.5 per cent of the beneficiaries were men and 31.5 per cent were women) and support for self-employment, and enterprise and training and development activities. Moreover, various programmes aimed at giving women greater access to credit and to technical assistance in production have been adopted. In this regard, the Government refers to Act No. 717 of 2010 establishing the gender equity land purchase fund for rural women. It also refers to the establishment of childcare centres, which have enabled many women to enter the labour market or to extend their hours of work, and indicates that the practice of including specific clauses for working women in collective agreements has continued (of the 58 collective agreements that have been concluded, 45 include specific clauses for women). The Committee notes, however, that according to the World Bank report Women, business and the law 2014, the female labour force participation rate is 49 per cent. The Committee requests the Government to provide information on the specific measures taken, including the measures adopted by the Nicaraguan Institute for Women, with a view to increasing women’s labour market participation and on their impact. The Committee also asks the Government to provide further information on access to credit and land ownership measures for women and the results of their implementation, as well as on the impact of training and entrepreneurial development activities on women’s labour market participation, including in non-traditional occupations, and to provide statistics in this regard. The Committee further requests the Government to provide information on any measures adopted with a view to eliminating stereotypes surrounding the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibilities benefit both men and women workers.

Article 2. Non-discrimination and equality of opportunity policies. The Committee notes the information provided by the Government on the prohibition of mandatory HIV/AIDS testing of both men and women for access to employment, on the awareness-raising activities that have been carried out, including in export processing zones, and on the measures adopted to assist the labour market entry of persons with disabilities, which have benefited 156 workers. The Government also refers to national legal provisions that afford protection against discrimination and indicates that there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social status. In this respect, the Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 731 and 847). The Committee requests the Government to take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted, and to provide information on their impact on the various sectors of the population, including those working in export processing zones, and on the difficulties encountered in fully applying the Convention in respect of, in particular, the grounds for discrimination set forth in Article 1(1)(a).

Awareness raising and labour inspection. The Committee notes the information on the inspections conducted by the labour inspectorate in relation to discrimination in access to employment based on sexual orientation and that, pursuant to Act No. 664 of 2008 on the labour inspectorate, labour inspection guidelines, with a section entitled “Equality and non-discrimination”, have been adopted. The Committee requests the Government to continue providing information on the activities carried out by the labour inspectorate in relation to the application of the Convention and, in particular, to provide a copy of the labour inspection guidelines and to report on the results of their application and the obstacles encountered.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee referred to the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate penalties for the offenders, whether they are employers or workers. The Committee recalled that addressing sexual harassment only through criminal proceedings is normally not sufficient. The Committee notes the Government’s indication that it is not possible at present to amend the Labour Code, that the existing provisions are in conformity with the Convention, and that the Ministry of Labour and the labour inspectorate have not received any complaints of sexual harassment. The Committee once again requests the Government to take the necessary measures to include in the Labour Code a definition of sexual harassment that expressly covers both quid prod quo and hostile working environment sexual harassment covering all aspects of employment and occupation, as well as a mechanism that provides remedies for victims and penalties for offenders, whether they are employers, work colleagues or clients. The Committee also asks the Government to provide information on the measures adopted to raise awareness and to prevent sexual harassment in the public and private sectors and on any complaints of sexual harassment in the workplace filed with the labour inspectorate or the judicial authorities.

Discrimination on the basis of political opinion. The Committee refers to the comments of the Trade Union Unification Confederation (CUS) on the dismissal of many public sector workers for not subscribing to the ideology of the political party of the current Government and on the need to conduct an investigation in order to determine whether discrimination occurs for political reasons. The Committee notes the Government’s indication that discrimination for political reasons does not exist in the country, but does not refer to any investigation being conducted. The Committee requests the Government to provide specific information on the measures taken under the national equality policy, including awareness raising measures, to prevent discrimination based on political opinion and to guarantee adequate protection for workers in the event of such discrimination. The Committee also asks the Government to report any complaints in this regard filed with the administrative or judicial authorities.

Article 2. Public service. The Committee notes the information provided by the Government on the job classification system based on abilities, merit, responsibilities and equality. The Government also indicates that there is a higher percentage of women than men in central administration executive and director level positions. Moreover, the Committee notes that the “Statistical data on gender equality and equity in Nicaragua” of 2013, published by the National Assembly, show that women’s participation in the country’s political activities has increased significantly (women hold 42.39 per cent of the seats in the National Assembly and more than 50 per cent of ministerial posts, and they represent 29 per cent of Supreme Court members, 57 per cent of judges and 33 per cent of police personnel). In addition, various state institutions have adopted gender equality policies and most of them have established units or offices specializing in gender. The Government adds that the Civil Service Appeals Committee has not examined any complaints of discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote gender equality and their impact on the distribution of men and women in the public service. The Committee requests the Government to include statistical information in this regard.

Policies to promote gender equality. Private sector. The Committee notes the information provided by the Government on the measures and programmes adopted under the National Employment and Decent Work Policy that have targeted both men and women, and consist of active employment policies through free employment services (68.5 per cent of the beneficiaries were men and 31.5 per cent were women) and support for self-employment, and enterprise and training and development activities. Moreover, various programmes aimed at giving women greater access to credit and to technical assistance in production have been adopted. In this regard, the Government refers to Act No. 717 of 2010 establishing the gender equity land purchase fund for rural women. It also refers to the establishment of childcare centres, which have enabled many women to enter the labour market or to extend their hours of work, and indicates that the practice of including specific clauses for working women in collective agreements has continued (of the 58 collective agreements that have been concluded, 45 include specific clauses for women). The Committee notes, however, that according to the World Bank report Women, business and the law 2014, the female labour force participation rate is 49 per cent. The Committee requests the Government to provide information on the specific measures taken, including the measures adopted by the Nicaraguan Institute for Women, with a view to increasing women’s labour market participation and on their impact. The Committee also asks the Government to provide further information on access to credit and land ownership measures for women and the results of their implementation, as well as on the impact of training and entrepreneurial development activities on women’s labour market participation, including in non-traditional occupations, and to provide statistics in this regard. The Committee further requests the Government to provide information on any measures adopted with a view to eliminating stereotypes surrounding the roles of women and men in the family and in the world of work, and to ensure that measures to balance work and family responsibilities benefit both men and women workers.

Article 2. Non-discrimination and equality of opportunity policies. The Committee notes the information provided by the Government on the prohibition of mandatory HIV/AIDS testing of both men and women for access to employment, on the awareness-raising activities that have been carried out, including in export processing zones, and on the measures adopted to assist the labour market entry of persons with disabilities, which have benefited 156 workers. The Government also refers to national legal provisions that afford protection against discrimination and indicates that there is no discrimination on the basis of race, colour, religion, political opinion, national extraction or social status. In this respect, the Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 731 and 847). The Committee requests the Government to take specific measures with a view to assessing the results of the implementation of the national equality policy and the equality programmes adopted, and to provide information on their impact on the various sectors of the population, including those working in export processing zones, and on the difficulties encountered in fully applying the Convention in respect of, in particular, the grounds for discrimination set forth in Article 1(1)(a).

Awareness raising and labour inspection. The Committee notes the information on the inspections conducted by the labour inspectorate in relation to discrimination in access to employment based on sexual orientation and that, pursuant to Act No. 664 of 2008 on the labour inspectorate, labour inspection guidelines, with a section entitled “Equality and non-discrimination”, have been adopted. The Committee requests the Government to continue providing information on the activities carried out by the labour inspectorate in relation to the application of the Convention and, in particular, to provide a copy of the labour inspection guidelines and to report on the results of their application and the obstacles encountered.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee observes that the Government’s report does not contain a reply to the issues raised. The Committee is therefore bound to repeat its previous direct request which read as follows:

Repetition

Civil Service and Administrative Careers Act. The Committee notes that according to the Government, the Civil Service and Administrative Careers Act lays down guarantees whereby admission, training and promotion in the public administration is open to all persons equally without discrimination and that this has facilitated the professionalization of administrative careers. The Government adds that 42 per cent of public servants are men and 58 per cent women, and that measures have been taken to improve both access to employment and remuneration in the public service. Furthermore, the job classification system provided for in the Act has already been implemented in 56 state institutions. The Government also reports that the Civil Service Appeals Committee has examined 479 cases since 2007. The Committee nonetheless observes that the Government provides no information on how the job classification system is implemented, nor does it specify how many of the cases examined by the Civil Service Appeals Committee concerned complaints for discrimination. The Committee requests the Government to provide examples of how the job classification system is implemented in practice and to report on its impact on the distribution of men and women in the public service, supplying relevant statistical information. Please also provide information on the number of complaints of discrimination filed with the Civil Service Appeals Committee, the grounds cited and the decisions handed down.

Policies to promote gender equality. The Committee notes the information provided by the Government on the educational activities concerning the Equal Rights and Opportunities Act, No. 648, carried out by the Nicaraguan Institute for Women (INIM) at municipal and regional levels. The INIM has also been engaged in coordinating equality policies and evaluating their practical effects; the activities involved include 15 diagnoses of women’s status at work in 15 municipalities and nine government institutions, the development of 13 strategies with the participation of 287 women in various municipalities with a view to incorporating women in paid activities, the preparation of a regional policy for the North Atlantic Autonomous Region and eight municipal policies, the preparation and publication of documentation and provision of material support for women to set up in business. The Government also provides information on activities conducted under the Technical Cooperation Programme “Sustainable social responses for the eradication of gender violence” and on the use of gender indicators in applying policies on equality in employment and occupation, in the course of which a gender equality baseline survey was conducted covering Nicaraguan women in 24 municipalities. The survey enabled the INIM to work on the issue of access to employment, organize meetings to evaluate the results and to explore solutions with civil society institutions. The Committee also notes the statistical information on newly created jobs, which benefited 18,400 men and 11,508 women. According to the statistics, the unemployment rate was 6.2 per cent in 2011 (5 per cent for men and 6.9 per cent for women). The Committee requests the Government to continue to provide information on the impact of the measures taken in the public sector and the private sector with a view to achieving gender equality, and to indicate the role of workers’ and employers’ organizations in these activities. It also asks the Government to continue to provide statistical information on the participation of men and women in the labour market and on specific measures taken to secure full equality for men and women in access to employment.

Non-discrimination and equal opportunities for women. The Committee notes that according to the Government, the wages of 29,879 women that were lower than the minimum wage have been raised to the statutory minimum; 54 collective agreements containing special clauses have been concluded and are benefiting 19,190 women; the observance and implementation of gender equality is being promoted through an inter-institutional network in which 29 state institutions participate, and 3,560 women workers have received training on rights at work. The Committee also notes the measures taken to integrate young people in the labour market. The Committee recalls that in its previous comments it noted the adoption of Ministerial Agreement No. JCHG-005-05-07 and asked the Government to provide information on its impact in terms of eliminating the pregnancy testing requirement and protecting and promoting equality of treatment and opportunity for pregnant women, persons with disabilities and persons living with HIV and AIDS. The Committee notes that as a result of the Ministerial Agreement, the National Assembly decided to include a provision in the Comprehensive Act Against Violence Towards Women (No. 779, February 2012) stipulating that “anyone who prevents or restricts the exercise of women’s right to work by establishing requirements pertaining to sex, age, physical appearance, marital status, motherhood status, laboratory analyses, HIV testing or pregnancy testing, or who obstructs or imposes conditions on women’s access, wages, promotion or stability in employment shall be punished with a fine of from 100 to 300 days’ salary. Where the offence arises from the employment policy of a public or private institution, the maximum penalty shall be applied to the person exercising the discrimination.” The Committee observes that this protection applies only to women and that men are not protected against mandatory HIV testing. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that men as well as women are protected against HIV testing as a requirement for access to employment. The Committee also asks the Government to provide information on the measures taken in connection with the other grounds of discrimination set forth in Article 1(1)(a) of the Convention, namely race, colour, religion, political opinion, national extraction and social status.

Sexual harassment. In its previous comments, the Committee referred to the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate penalties for the offenders, whether they are employers or workers. The Committee notes in this connection that in the Government’s view, the legislation is adequate as it stands since the Labour Code sets forth the rights and duties of workers and employers and the Penal Code establishes the offences and the applicable penalties (section 174). The Committee considers that both quid pro quo and hostile environment sexual harassment need to be clearly defined and expressly prohibited in order to ensure that the legislation effectively addresses all forms of sexual harassment. The Committee also considers that addressing sexual harassment through criminal proceedings alone is not normally sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts” and not the full range of behaviour that constitutes sexual harassment in employment and occupation (General Survey on the fundamental Conventions, 2012, paragraphs 791 and 792). The Committee again asks the Government to take the necessary steps to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate remedies for the victims and penalties for the offenders, whether they are employers or workers. The Committee also asks the Government to provide information on any complaints of sexual harassment filed with the labour inspectorate, and on any relevant administrative or judicial decisions issued as a result.

Export processing zones. The Committee notes the information provided by the Government to the effect that the Tripartite Labour Commission on Export Processing Zones signed an employment stability agreement providing for minimum wage increases of 8, 9 and 10 per cent for the years 2011, 2012 and 2013 respectively, thus ensuring employment stability for more than 100,000 workers. The Committee also notes that in the export processing zones there are 46,805 men and 55,035 women in formal employment. The Committee requests the Government to continue to provide information on the specific measures adopted under the agreement concluded in 2010 by the Tripartite Labour Commission on Export Processing Zones with a view to promoting equality of opportunity and treatment in the zones, and on the practical effects of such measures. Please also provide information on the labour inspectorate’s activities in export processing zones and on any cases of discrimination detected by or brought to the attention of the labour inspectors.

Indigenous peoples and ethnic communities. The Committee notes the information from the Government to the effect that 17 land titles were granted to indigenous and Afro-descendant peoples, covering 243 communities. Furthermore, on 2 March 2011, Act No. 757 on dignified and fair treatment for indigenous and Afro-descendant peoples was adopted, the aim of which is to regulate and guarantee just and equal treatment for these peoples as regards job opportunities and access to employment in both the public and the private sectors. The Coastal Act, which protects communal property, and the Traditional Medicine Act were also adopted. The Government states that under the Caribbean Coast Development Plan, measures have been taken to improve education, for example by increasing the number of teachers in the region and increasing teachers’ wages, and producing school textbooks in indigenous languages. Due to these measures, the illiteracy rate has dropped from 58 to 18 per cent. The Government also reports that the indigenous population now has an Intercultural Health Care Model, the result of which has been a fall in the number of instances of maternal and infant mortality. Furthermore, health personnel have received training, new hospitals have been built and three health units have been overhauled. In addition, financial loans and material assistance have been granted to various indigenous groups and peoples and copies of the Labour Code in the Miskito language have been distributed. The Committee requests the Government to continue to provide information on the adoption and impact of the measures on education, health and loans designed to ensure that indigenous peoples have access to employment and occupation on an equal footing with other workers. Please also provide any information on the difficulties encountered in this regard and the measures taken to remedy them.

Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on any cooperation with the social partners undertaken specifically to promote equality in employment and occupation.

Awareness raising and labour inspection. The Committee requests the Government to provide information on the measures implemented in public or private institutions to raise awareness about equality of opportunity and treatment in respect of all the grounds of discrimination, particularly race, colour, religion, political opinion, national extraction and social origin. Please also provide information on actions taken by the labour inspectorate to promote equality of opportunity and treatment, and on any remedies provided and penalties imposed further to complaints of discrimination.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination on political grounds. With regard to the previous comments of the Trade Union Unification Confederation (CUS) concerning the dismissal of 21,000 public sector workers because they were not members or did not share the ideology of the party of the present Government, and that 128 trade unions had ceased to exist, the Committee notes the Government’s indication that the confederation has not supplied the requested information to be able to conduct the investigation into the claims referred to above. The Committee requests the Government once again to collect the necessary information, in cooperation with the CUS, to conduct an investigation into this matter and, should the allegations be substantiated, to take steps to address the situation of discrimination. The Committee requests the Government to report on any new developments in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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

Civil Service and Administrative Careers Act. The Committee notes that according to the Government, the Civil Service and Administrative Careers Act lays down guarantees whereby admission, training and promotion in the public administration is open to all persons equally without discrimination and that this has facilitated the professionalization of administrative careers. The Government adds that 42 per cent of public servants are men and 58 per cent women, and that measures have been taken to improve both access to employment and remuneration in the public service. Furthermore, the job classification system provided for in the Act has already been implemented in 56 state institutions. The Government also reports that the Civil Service Appeals Committee has examined 479 cases since 2007. The Committee nonetheless observes that the Government provides no information on how the job classification system is implemented, nor does it specify how many of the cases examined by the Civil Service Appeals Committee concerned complaints for discrimination. The Committee requests the Government to provide examples of how the job classification system is implemented in practice and to report on its impact on the distribution of men and women in the public service, supplying relevant statistical information. Please also provide information on the number of complaints of discrimination filed with the Civil Service Appeals Committee, the grounds cited and the decisions handed down.

Policies to promote gender equality. The Committee notes the information provided by the Government on the educational activities concerning the Equal Rights and Opportunities Act, No. 648, carried out by the Nicaraguan Institute for Women (INIM) at municipal and regional levels. The INIM has also been engaged in coordinating equality policies and evaluating their practical effects; the activities involved include 15 diagnoses of women’s status at work in 15 municipalities and nine government institutions, the development of 13 strategies with the participation of 287 women in various municipalities with a view to incorporating women in paid activities, the preparation of a regional policy for the North Atlantic Autonomous Region and eight municipal policies, the preparation and publication of documentation and provision of material support for women to set up in business. The Government also provides information on activities conducted under the Technical Cooperation Programme “Sustainable social responses for the eradication of gender violence” and on the use of gender indicators in applying policies on equality in employment and occupation, in the course of which a gender equality baseline survey was conducted covering Nicaraguan women in 24 municipalities. The survey enabled the INIM to work on the issue of access to employment, organize meetings to evaluate the results and to explore solutions with civil society institutions. The Committee also notes the statistical information on newly created jobs, which benefited 18,400 men and 11,508 women. According to the statistics, the unemployment rate was 6.2 per cent in 2011 (5 per cent for men and 6.9 per cent for women). The Committee requests the Government to continue to provide information on the impact of the measures taken in the public sector and the private sector with a view to achieving gender equality, and to indicate the role of workers’ and employers’ organizations in these activities. It also asks the Government to continue to provide statistical information on the participation of men and women in the labour market and on specific measures taken to secure full equality for men and women in access to employment.

Non-discrimination and equal opportunities for women. The Committee notes that according to the Government, the wages of 29,879 women that were lower than the minimum wage have been raised to the statutory minimum; 54 collective agreements containing special clauses have been concluded and are benefiting 19,190 women; the observance and implementation of gender equality is being promoted through an inter-institutional network in which 29 state institutions participate, and 3,560 women workers have received training on rights at work. The Committee also notes the measures taken to integrate young people in the labour market. The Committee recalls that in its previous comments it noted the adoption of Ministerial Agreement No. JCHG-005-05-07 and asked the Government to provide information on its impact in terms of eliminating the pregnancy testing requirement and protecting and promoting equality of treatment and opportunity for pregnant women, persons with disabilities and persons living with HIV and AIDS. The Committee notes that as a result of the Ministerial Agreement, the National Assembly decided to include a provision in the Comprehensive Act Against Violence Towards Women (No. 779, February 2012) stipulating that “anyone who prevents or restricts the exercise of women’s right to work by establishing requirements pertaining to sex, age, physical appearance, marital status, motherhood status, laboratory analyses, HIV testing or pregnancy testing, or who obstructs or imposes conditions on women’s access, wages, promotion or stability in employment shall be punished with a fine of from 100 to 300 days’ salary. Where the offence arises from the employment policy of a public or private institution, the maximum penalty shall be applied to the person exercising the discrimination.” The Committee observes that this protection applies only to women and that men are not protected against mandatory HIV testing. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that men as well as women are protected against HIV testing as a requirement for access to employment. The Committee also asks the Government to provide information on the measures taken in connection with the other grounds of discrimination set forth in Article 1(1)(a) of the Convention, namely race, colour, religion, political opinion, national extraction and social status.

Sexual harassment. In its previous comments, the Committee referred to the need to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate penalties for the offenders, whether they are employers or workers. The Committee notes in this connection that in the Government’s view, the legislation is adequate as it stands since the Labour Code sets forth the rights and duties of workers and employers and the Penal Code establishes the offences and the applicable penalties (section 174). The Committee considers that both quid pro quo and hostile environment sexual harassment need to be clearly defined and expressly prohibited in order to ensure that the legislation effectively addresses all forms of sexual harassment. The Committee also considers that addressing sexual harassment through criminal proceedings alone is not normally sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts” and not the full range of behaviour that constitutes sexual harassment in employment and occupation (General Survey on fundamental Conventions, 2012, paragraphs 791 and 792). The Committee again asks the Government to take the necessary steps to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo and hostile working environment sexual harassment and establish adequate remedies for the victims and penalties for the offenders, whether they are employers or workers. The Committee also asks the Government to provide information on any complaints of sexual harassment filed with the labour inspectorate, and on any relevant administrative or judicial decisions issued as a result.

Export processing zones. The Committee notes the information provided by the Government to the effect that the Tripartite Labour Commission on Export Processing Zones signed an employment stability agreement providing for minimum wage increases of 8, 9 and 10 per cent for the years 2011, 2012 and 2013 respectively, thus ensuring employment stability for more than 100,000 workers. The Committee also notes that in the export processing zones there are 46,805 men and 55,035 women in formal employment. The Committee requests the Government to continue to provide information on the specific measures adopted under the agreement concluded in 2010 by the Tripartite Labour Commission on Export Processing Zones with a view to promoting equality of opportunity and treatment in the zones, and on the practical effects of such measures. Please also provide information on the labour inspectorate’s activities in export processing zones and on any cases of discrimination detected by or brought to the attention of the labour inspectors.

Indigenous peoples and ethnic communities. The Committee notes the information from the Government to the effect that 17 land titles were granted to indigenous and afro-descendent peoples, covering 243 communities. Furthermore, on 2 March 2011, Act No. 757 on dignified and fair treatment for indigenous and afro-descendant peoples was adopted, the aim of which is to regulate and guarantee just and equal treatment for these peoples as regards job opportunities and access to employment in both the public and the private sectors. The Coastal Act, which protects communal property, and the Traditional Medicine Act were also adopted. The Government states that under the Caribbean Coast Development Plan, measures have been taken to improve education, for example by increasing the number of teachers in the region and increasing teachers’ wages, and producing school textbooks in indigenous languages. Due to these measures, the illiteracy rate has dropped from 58 to 18 per cent. The Government also reports that the indigenous population now has an Intercultural Health Care Model, the result of which has been a fall in the number of instances of maternal and infant mortality. Furthermore, health personnel have received training, new hospitals have been built and three health units have been overhauled. In addition, financial loans and material assistance have been granted to various indigenous groups and peoples and copies of the Labour Code in the Misquito language have been distributed. The Committee requests the Government to continue to provide information on the adoption and impact of the measures on education, health and loans designed to ensure that indigenous peoples have access to employment and occupation on an equal footing with other workers. Please also provide any information on the difficulties encountered in this regard and the measures taken to remedy them.

Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on any cooperation with the social partners undertaken specifically to promote equality in employment and occupation.

Awareness raising and labour inspection. The Committee requests the Government to provide information on the measures implemented in public or private institutions to raise awareness about equality of opportunity and treatment in respect of all the grounds of discrimination, particularly race, colour, religion, political opinion, national extraction and social origin. Please also provide information on actions taken by the labour inspectorate to promote equality of opportunity and treatment, and on any remedies provided and penalties imposed further to complaints of discrimination.

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

Discrimination on political grounds. The Committee took note in its previous comments of an observation of the Trade Union Unification Confederation (CUS) reporting that 21,000 public sector workers had been dismissed because they were not members or did not share the ideology of the present Government and that 128 trade unions had ceased to exist. The Committee notes in this connection that according to the Government, the organization has not backed up its assertions with information such as the number of persons dismissed, the state institutions from which they were dismissed or the names of the trade unions disbanded. The Committee observes that these allegations are serious and warrant the Government’s full attention. In view of the seriousness of the allegations, the Committee requests the Government to take the necessary measures to initiate an investigation to examine these allegations, and to take steps to overcome any discrimination. It also asks the Government to report any developments in this regard. The Committee also asks the CUS to provide the Government with further details about the reported dismissals, including the names of the workers dismissed and the state institutions concerned, to enable the Government to conduct its investigation promptly.

The Committee is raising other points in a request addressed directly to the Government.

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

Civil Service and Administrative Careers Act. The Committee notes the Government’s indication that under the Civil Service and Administrative Careers Act the job classification system has been implemented gradually in 49 institutions and implementation is planned in another four institutions. This system comprises three processes: description of the job, grading of the job and classification into functional families and specimen jobs. The Committee also notes the statistics on the numbers of men and women employed in the civil service and observes that women greatly outnumber men in executive departments (35,260 women and 13,709 men). The Committee requests the Government to send information on the reasons for this disparity and to continue to supply information on the implementation of the job classification system, and its impact on the distribution of men and women in the public service. The Committee also requests the Government to indicate the manner in which equality of opportunity and treatment in employment and occupation is ensured, without any discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, and to send information on cases of discrimination on the aforementioned grounds which have been brought before the Civil Service Appeals Commission and the decisions issued in this respect.

Policies to promote gender equality. The Committee notes that under the Equal Rights and Opportunities Act (No. 648 of 12 March 2008), action for the advancement and training of women in various sectors has been undertaken. Various government institutions are also being supported in the implementation of programmes aimed at women in urban and rural sectors with a view to technical training and the development of small enterprises. The Government adds that the regulations implementing Act No. 648 (Decree No. 29-2010 of 16 June 2010) establish that the Nicaraguan Institute for Women (INIM) will monitor the implementation of the Act. INIM has assumed the role of coordination for equality policies. The Committee notes the gender indicators used by the Government to determine the situation of women and men who have received training and been integrated into the labour market. The Government also indicates that the “Programme for the promotion of gender equity and the elimination of violence” (currently entitled “Technical cooperation programme: sustainable social responses for the elimination of gender-based violence”), formulated by INIM, comprises two separate programmes aimed at eliminating gender-based violence and ensuring citizens’ safety. The Committee requests the Government to provide the following information:

• (i) the impact of the Equal Rights and Opportunities Act on the promotion of equal treatment for men and women in employment and occupation disaggregated by sex;
• (ii) the tasks performed by INIM in its function as coordinator of equality policies and their impact in practice; and
• (iii) the activities undertaken in the context of the “Technical cooperation programme: sustainable social responses for the elimination of gender-based violence”, and the use of gender indicators in the formulation of public policies for equality in employment and occupation and their impact.

Policy for equality of access to work and better employment opportunities. The Committee notes the Government’s indication that the Inter-Institutional Network for Equality and Non-Discrimination in Employment, which was set up in June 2008 and brings together 29 institutions and organizations, takes action to promote awareness of the tasks performed by these institutions and organizations and to share information and experiences. The network also participates in forums and fairs on various subjects such as HIV and AIDS or domestic work and makes use of these occasions to influence the integration of persons with disabilities in the labour market. With regard to pregnancy testing, the Committee notes that pursuant to Ministerial Agreement No. JCHG-005-05-07, it is prohibited to require women applying for jobs to take a pregnancy test or to make them undergo such a test without their consent in the course of employment. The agreement also prohibits any examination without prior authorization by the worker, male or female. The Government these practices thus promote the elimination of discrimination in employment. The Committee requests the Government to provide information on the impact of Ministerial Agreement No. JCHG-005-05-07 on the elimination of the requirement to take a pregnancy or HIV and AIDS test and also on the progress made regarding the protection and promotion of equality of treatment and opportunity for pregnant women, persons with disabilities and persons living with HIV and AIDS. The Committee also requests the Government to provide information on the measures taken in the context of the national employment policy adopted in 2006 and their impact.

Sexual harassment. The Committee observes that the national employment policy adopted by the Government in 2006 provides for the establishment of effective mechanisms to ensure that women workers receive due consideration and respect for their dignity, integrity and freedom in the workplace, preventing and penalizing any form of physical or verbal abuse, harassment, blackmail or psychological or sexual aggression, and also any other acts or omissions detrimental to the dignity of women workers. In its previous comments the Committee asked the Government to provide information on the measures taken and the mechanisms established to ensure that workplaces are free from sexual harassment. The Committee notes the Government’s indication that: (1) section 174 of the Penal Code makes any person found guilty of sexual harassment liable to imprisonment of one to three years; (2) section 17 of the Labour Code obliges the employer to refrain from abuse and from undermining the dignity or respectability of workers and also to ensure that workers are not exposed to sexual harassment or blackmail: (3) section 18 prohibits workers from subjecting colleagues to sexual harassment; and (4) any worker who commits sexual harassment may be dismissed on grounds of serious misconduct under section 48 of the Labour Code, in accordance with the labour administrative proceedings, and employers are subject to the General Labour Inspection Act. The Committee observes that the aforementioned provisions do not explicitly cover the two constituent forms of sexual harassment, namely: (1) quid pro quo sexual harassment; and (2) hostile working environment sexual harassment. The provisions also do not clearly establish the scope of liability of workers, employers and supervisors in cases of proven sexual harassment. Referring also to its general observation of 2002, the Committee reminds the Government that sexual harassment in the workplace undermines the dignity and well-being of workers, impairs the productivity of the enterprise and weakens the foundations of the working relationship. The Committee requests the Government to take the necessary measures to amend the Labour Code so that the provisions relating to sexual harassment expressly cover both quid pro quo sexual harassment and hostile working environment sexual harassment and adequate penalties are imposed on anyone guilty of such harassment, whether employer or worker. The Committee also requests the Government to send information on any complaints regarding sexual harassment submitted to the labour inspectorate and also any administrative or judicial decisions issued in this respect.

Export processing zones. The Committee notes the Government’s indication that the Export Processing Zone (EPZ) Tripartite Labour Commission, composed of representatives of employers’ and workers’ organizations and the Ministry of Labour, signed an agreement on 20 January 2010 with a view to promoting social policies for the comprehensive development of workers in the sector in the context of decent work. The Government adds that the EPZs employ 74,726 workers, of which 41,000 are women. The Committee requests the Government to provide information on the specific measures taken in the context of the agreement signed on 20 January 2010 by the EPZ Tripartite Labour Commission to promote equality of opportunity and treatment in the export processing zones and their impact in practice.

Indigenous peoples and ethnic communities. The Committee notes with interest the ratification on 25 August 2010 of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee also notes the measures for systematizing and approving communal and territorial land ownership adopted by the Government between 2007 and 2010 pursuant to Act No. 445 concerning the demarcation of and granting of title to indigenous lands. The measures benefited a total of 214 communities (including those of the Mayangna and Miskito peoples and people of African descent), comprising 103,790 persons. The total surface area of lands in respect of which ownership title has been granted is approximately 22,479 square kilometres. The Government indicates that it is planned to conclude the process of granting ownership title in respect of all lands claimed by indigenous peoples and communities of people of Afro-descendent on the Atlantic coast in 2011. The Government also indicates that, with the object of promoting equality of opportunity and treatment for indigenous peoples and communities of people of African descent, two draft laws are being discussed: the Bill on decent and fair treatment for indigenous peoples and communities of people of African descent and the Bill concerning indigenous peoples of the Pacific Coast, Centre and North of Nicaragua. The Committee requests the Government to continue to supply information on the process of granting ownership title in respect of indigenous lands and also on any developments with regard to the abovementioned draft laws. The Committee also requests the Government to supply information on any other measures taken to promote and guarantee equality of opportunity and treatment in employment and occupation for indigenous peoples and communities of people of African descent, especially to tackle obstacles affecting access to employment for indigenous peoples identified by the National Employment Plan. In addition, the Committee requests the Government to send information on the following:

• (i) the impact of the Plan for the Development of the Caribbean Coast of Nicaragua (NICARIBE) on education, health, access to credit, land, and employment and occupation of indigenous peoples;
• (ii) statistics on school attendance levels for indigenous peoples, their situation in employment and occupation and their income, compared with those of the non-indigenous population.

Cooperation with employers’ and workers’ organizations. While noting the cooperation existing in the export processing zones, which resulted in the agreement signed by the Export Processing Zone Tripartite Labour Commission, mentioned above, the Committee notes that the Government has not sent any information on such cooperation at the national level. The Committee again requests the Government to provide information on cooperation with the social partners in the promotion of equality, particularly with regard to the adoption of measures against sexual harassment in the workplace.

Awareness raising and labour inspection. The Committee notes the Government’s statement that the inspection service of the Ministry of Labour trains employers and workers in labour rights, and that this has improved access for individuals to justice in the field of labour and also the protection of women workers’ rights. Accordingly, pay equality has been established for 12,804 women workers who were earning less than the minimum wage, and the use of prior pregnancy and HIV and AIDS tests is being monitored. The Committee requests the Government to continue to provide information on awareness-raising measures implemented in conjunction with the labour inspectorate and their impact in terms of reducing gender-based discrimination and promoting equality. The Committee also requests the Government to include information on all the measures taken with respect to discrimination in employment and occupation based on the other grounds covered by the Convention (race, colour, religion, political opinion, national extraction or social origin) and also on complaints made and penalties imposed for violations of the provisions concerning equality and non discrimination.

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

The Committee notes the communication from the Confederation of Trade Union Unification Confederation (CUS) from Nicaragua dated 30 August 2011 concerning acts of discrimination on the ground of political opinion. According to the CUS, 21,000 workers from the public sector were dismissed because they were not members or did not share the ideology of the political party of the Government in power. Moreover, 28 trade unions have ceased to exist. The CUS also alleges discrimination against disabled workers. The Committee requests the Government to provide comments thereon, including information on any relevant cases.

[The Government is asked to reply in detail to the present comments in 2012.]

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

Civil Service and Administrative Careers Act. The Committee notes the information provided by the Government concerning the processes of accreditation and assignment of officials in employment and the new entry into the administrative career. The Committee also notes that the implementation of the job classification and human resources management system is progressive and that the job classification system has been introduced into 31 institutions in the civil service. The Committee requests the Government to provide information on the implementation of the job classification system in the remaining institutions of the civil service and to provide updated statistical data on the number of women and men employed at the various levels of the public service, disaggregated by race, colour and national extraction. As section 1(3) of the Civil Service and Administrative Careers Act does not refer to discrimination on the ground of national extraction, as set out in Article 1(1)(a) of the Convention, please indicate the manner in which protection against discrimination on the basis of this ground is ensured.

The Committee notes that in March 2007 members were appointed to the Civil Service Appeals Commission, which is the body of second instance entrusted with hearing and settling appeals lodged by public servants. The Committee notes that the Ministry of Labour has not been notified of any action or appeal brought in relation to discrimination on the grounds covered by the Convention. The Committee requests the Government to provide information on cases of discrimination based on the grounds enumerated in Article 1 of the Convention which have been filed with the Civil Service Appeals Commission and its decisions on such cases.

Policies to promote gender equality. The Committee notes the adoption of the Act on equality of rights and opportunities, No. 648, published on 12 March 2008, which sets out the general principles on which public policies have to be based which are intended to guarantee effective equality between women and men in, among others, the economic, social and cultural fields. The Committee also notes that the Nicaraguan Institute for Women (INIM) is now attached to the Office of the President of the Republic, and no longer to the Ministry of the Family, with a view to raising its influence on Government decision-making processes. It notes that the INIM formulated a proposal for the Government’s gender policy, setting out 12 strategic priorities to achieve effective equality between men and women, and that the INIM is currently implementing a programme for the promotion of gender equity and the eradication of violence against women in 26 municipal areas. The Committee requests the Government to provide information on the following:

(i)    the implementation of the Act on equality of rights and opportunities with regard to the promotion of equality of opportunity and treatment for men and women in employment and occupation;

(ii)   the INIM’s initiatives that are related to the application of the Convention and their impact; and

(iii) the measures adopted in the context of the Programme for the Promotion of Gender Equality and the Eradication of Violence, particularly with regard to women organized in trade unions, women in rural communities and women workers in export processing zones (maquilas).

The Committee also notes the concluding comments of the Committee on the Elimination of Discrimination Against Women (CEDAW/C/NIC/CO/6 of February 2007), which expressed its concern at the limited coordination of the different sectoral policies, programmes and plans with those focused on the promotion of gender equality.

The Committee also notes that in June 2008 the Inter-Institutional Network for Equality and Non-Discrimination in Employment was established with a view to strengthening the labour legislation to promote respect and effective compliance with equality of rights and opportunities as part of a new labour culture. The Committee requests the Government to provide information on the action promoted or undertaken by the Inter-Institutional Network and the impact of this action on the promotion of equality in employment and occupation, as well as on the manner in which the Inter-Institutional Network and other bodies ensure the coordination of policies and programmes of equality in employment and occupation. The Committee also requests the Government to provide further information on the use of gender indicators and their influencing the formulation of public policies for equality in employment and occupation.

Policy for Equality of Access to Work and Better Employment Opportunities. The Committee notes that the Policy for Equality of Access to Work and Better Employment Opportunities focuses on women, persons with disabilities and persons living with HIV/AIDS and that machinery is being developed to increase knowledge of the labour rights of pregnant women, persons with disabilities and persons living with HIV/AIDS. Furthermore, it notes that efforts are being made to endeavour to prevent discrimination in recruitment through the prohibition of any type of medical examination that is not consented to by the worker, such as laboratory tests not envisaged by the law, pregnancy tests, HIV/AIDS tests, the taking of fingerprints and exhaustive medical examinations. Please provide information on the implementation of the Policy for Equality of Access to Work and Better Employment Opportunities, and particularly the progress achieved in relation to the protection and promotion of equality of treatment and opportunities for pregnant women, persons with disabilities and persons living with HIV/AIDS.

Sexual harassment. The Committee notes that Executive Decree No. 30‑2006, issuing the National Employment Policy, provides that effective machinery shall be established to ensure that women workers receive due consideration and respect for their dignity, integrity and freedom in the working environment, with the prevention and punishment of practices of physical and verbal ill-treatment, harassment, blackmailing and moral and sexual aggression. It also notes that the new Labour Inspection Guide includes inspection relating to situations of sexual harassment at work in its sections. The Committee requests the Government to provide information on the measures that have been taken and the machinery that has been established to ensure that workplaces are free from sexual harassment. Furthermore, recalling its 2002 general observation on this subject, the Committee requests the Government to specify the penalties envisaged for persons committing sexual harassment at work and to provide information on the consideration that is being given to the adoption of specific legislation with a view to effectively prohibit and prevent sexual harassment at the workplace.

Export processing zones. The Committee notes that, according to the labour inspection statistics for 2007, a total of 82 inspections of enterprises covered by the export processing zone regime were undertaken, covering a total of 67,600 workers, of whom over 39,500 were women. According to the labour inspection statistics for 2008, a total of 96 inspections were undertaken of enterprises covered by the export processing zone regime, covering over 64,500 workers, of whom 35,088 were women. According to the labour inspection report, 20 violations were detected of the new provisions respecting equality and non-discrimination, of which 58 per cent were corrected. The Committee requests the Government to continue providing information on the measures and programmes adopted and the activities undertaken to promote equality of opportunity and treatment in export processing zones. The Committee would also be grateful to be provided with information on the progress made in promoting the conclusion of agreements to guaranteeing decent working conditions and equitable wages for women working in export processing zones, as envisaged in section 19(9) of the Act on equality of rights and opportunities, No. 648.

Indigenous peoples and ethnic communities. The Committee notes that, according to the indication in the document on the National Employment Policy, the particular forms of exclusion confronting indigenous peoples limit their opportunities to gain access to decent work. According to this document, this situation is a result of various phenomena, including persistent social and cultural discrimination, the enormous inequalities faced by indigenous peoples in access to productive resources, economic opportunities and public services, the limitations on the supply of their principal productive resources, such as land, terrain and natural resources, and the proliferation of economic projects which may affect their agricultural production, result in the plundering of their lands and end up marginalizing them from development. The Committee requests the Government to provide information on the measures adopted to promote and ensure equality of opportunity and treatment in employment and occupation for indigenous peoples and communities of African descent, including information on the measures adopted or envisaged to address the factors identified in the National Employment Plan as obstacles to the access of indigenous peoples to decent work. Furthermore, the Committee once again requests the Government to provide information on the following:

(i)    the manner in which Act No. 445 respecting demarcation and title to indigenous lands is applied;

(ii)   the impact of the Development Plan for the Caribbean Coast of Nicaragua (NICARIBE) on the education, health and access to credit, land and employment and occupation of indigenous peoples;

(iii) statistics on the school attendance levels of the coastal indigenous population, their situation with regard to employment, occupation and income in comparison with the non-indigenous population; and

(iv)  the situation of other indigenous communities that do not inhabit the Caribbean coast and the existence of any policies to promote equality of opportunity and treatment for the members of such communities.

Cooperation with employers’ and workers’ organizations. The Committee reiterates its request for information on cooperation with the social partners in the promotion of equality, particularly with regard to the adoption of measures in export processing zones and the adoption of policies and measures against sexual harassment in the workplace.

Awareness raising and labour inspection. The Committee notes that action is being coordinated with the labour inspection services for promotion and awareness raising concerning the principles of non-discrimination and gender equality. It also notes that a specific section has been included in the Technical Guide for Inspection on “equality and non-discrimination”. Furthermore, the Committee notes that in 2008, according to the report of the labour inspection services, 338 violations relating to discrimination were identified, of which 56 per cent were corrected. The Committee requests the Government to provide information on promotional and awareness-raising measures that are coordinated with the labour inspection services and their impact in terms of reducing violations of the principle of gender equality, including information on whether similar action is being taken in relation to the other grounds of discrimination covered by the Convention. Please also continue providing information on the results of labour inspections, the measures adopted in respect of violations of equality and non-discrimination provisions and the penalties imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Civil Service and Administrative Careers Act. The Committee notes that on the Act’s entry into force, all active public service officials and employees covered by the Act were incorporated into the civil service system but have not been integrated into the administrative career system, as the process of accreditation and appointment will be put in place progressively. According to the report, since a civil service appeals committee has not yet been formed, the Labour Code is being applied temporarily to bridge the gap. Please provide further details on the aims, content and progress with respect to the accreditation and appointment for administrative career posts and indicate whether the appeal system provided for in the Labour Code can be used in this context. Please also supply information on any appeals submitted alleging discrimination on any of the grounds covered by the Convention, and any follow up action taken. The Committee again asks the Government to supply information on how it  ensures that there is no discrimination based on national extraction as laid down by Article 1(a) of the Convention in practice.

2. Policies to promote gender equality. The Committee notes the various measures adopted to combat discrimination against women in the context of the Strategic Plan 2002–06 of the Nicaraguan Institute for Women (INIM). It notes the various general measures taken with regard to violence against women and family violence, and in other fields in which awareness raising and dissemination activities have been undertaken. It also notes with interest the measures to promote the integration of women and particularly rural women in the labour market, and also facilitating access to credit, institutionalization of the rural women’s annual meeting and of women involved in rural micro-enterprises, gender mainstreaming in the private sector and also local development and other programmes. It also notes that the Programme for Transformation and Modernization of the Ministry of Labour (MITRAB) has established the Equal Opportunities Office for gender mainstreaming in labour policies. The Committee would be grateful if the Government would continue to supply information on the impact of the abovementioned measures and on any new measures adopted. The Committee also asks the Government to continue to provide information on the activities of the Equal Opportunities Office, including forwarding any activity reports that it has published.

3. The Committee notes that the system of gender-based indicators (SIEG) is being revised and updated and requests the Government to continue supplying information on it.

4. Sexual harassment. The Committee notes the information supplied concerning legislation and measures adopted with respect to sexual harassment. However, it notes that none of these address sexual harassment in the workplace. The Committee requests the Government to consider adopting specific legislation and practical measures with the aim of prohibiting and effectively preventing sexual harassment in the workplace, in line with its general observation of 2002, and asks it to keep the Committee informed in this respect.

5. Export processing zones. The Committee notes that, between 2003 and 2005, 567 inspections were conducted in the export processing zones where 122,008 persons work, and a system of reinspection and monitoring was implemented to follow up the recommendations further to reports of violations of labour matters. Please provide information on the manner in which account is taken of gender-based discrimination in these inspections and please also supply extracts of reports on any violations which are verified with regard to discrimination against women, including related to pregnancy, sexual harassment and differences in pay. Please also supply information on measures and programmes that have been adopted and activities that have been undertaken to promote equality of opportunity and treatment in the export processing zones.

6. Indigenous peoples and ethnic communities. The Committee notes with interest that Act No. 445 concerning demarcation and certification of indigenous territories, which entered into force on 23 January 2003, has established a series of institutions such as the National Committee for the Demarcation and Certification of Indigenous Territories in order to regulate, demarcate, certify and develop indigenous community property on the Caribbean Coast. The Act also reiterates the obligation of consultation by the autonomous municipalities and regions in cases where the central government wishes to grant licences concerning the subsoil or declare protected areas in traditional communal territories. Apart from the legal mechanisms, the Plan for the Development of the Caribbean Coast of Nicaragua (NICARIBE) has been implemented, which constitutes a proposal for the construction of a planning and resource assignment model for the region with the participation of the autonomous regional governments, municipalities and indigenous communities. The Committee requests the Government to continue supplying information on the way in which Act No. 445 is being applied, on the impact of the stated measures and plan with respect to education, health, access to credit, land, and employment and occupation of the indigenous peoples, and on their application in practice.

7. The Committee also notes that the regional education system and the regional health system are in the final stage of implementation. The Committee would be grateful if the Government would supply an evaluation of their results. It also asks the Government to supply statistical information on the level of school attendance of the indigenous population of the Coast, on their situation with regard to employment and occupation, and on their income compared to that of the non-indigenous population. Please also supply information on the situation of other indigenous communities which do not live on the Caribbean Coast and on the existence of any policies to promote equality of opportunity and treatment for the members of those communities.

8. Cooperation of employers’ and workers’ organizations. The Committee notes the participation of employers’ and workers’ organizations in the adoption of the national employment plan, by Executive Decree No. 30-2006, which incorporates the national policy for equal opportunity and treatment with regard to employment. The Committee asks the Government to continue to supply information regarding cooperation with workers’ and employers’ organizations regarding the promotion of equality in practice, in particular with respect to the adoption of measures in the export processing zones and the adoption of policies and measures against sexual harassment in the workplace.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Civil Service and Administrative Careers Act. The Committee notes that on the Act’s entry into force, all active public service officials and employees covered by the Act were incorporated into the civil service system but have not been integrated into the administrative career system, as the process of accreditation and appointment will be put in place progressively. According to the report, since a civil service appeals committee has not yet been formed, the Labour Code is being applied temporarily to bridge the gap. Please provide further details on the aims, content and progress with respect to the accreditation and appointment for administrative career posts and indicate whether the appeal system provided for in the Labour Code can be used in this context. Please also supply information on any appeals submitted alleging discrimination on any of the grounds covered by the Convention, and any follow‑up action taken. The Committee again asks the Government to supply information on how it  ensures that there is no discrimination based on national extraction as laid down by Article 1(a) of the Convention in practice.

2. Policies to promote gender equality. The Committee notes the various measures adopted to combat discrimination against women in the context of the Strategic Plan 2002–06 of the Nicaraguan Institute for Women (INIM). It notes the various general measures taken with regard to violence against women and family violence, and in other fields in which awareness raising and dissemination activities have been undertaken. It also notes with interest the measures to promote the integration of women and particularly rural women in the labour market, and also facilitating access to credit, institutionalization of the rural women’s annual meeting and of women involved in rural micro-enterprises, gender mainstreaming in the private sector and also local development and other programmes. It also notes that the Programme for Transformation and Modernization of the Ministry of Labour (MITRAB) has established the Equal Opportunities Office for gender mainstreaming in labour policies. The Committee would be grateful if the Government would continue to supply information on the impact of the abovementioned measures and on any new measures adopted. The Committee also asks the Government to continue to provide information on the activities of the Equal Opportunities Office, including forwarding any activity reports that it has published.

3. The Committee notes that the system of gender-based indicators (SIEG) is being revised and updated and requests the Government to continue supplying information on it.

4. Sexual harassment. The Committee notes the information supplied concerning legislation and measures adopted with respect to sexual harassment. However, it notes that none of these address sexual harassment in the workplace. The Committee requests the Government to consider adopting specific legislation and practical measures with the aim of prohibiting and effectively preventing sexual harassment in the workplace, in line with its general observation of 2002, and asks it to keep the Committee informed in this respect.

5. Export processing zones. The Committee notes that, between 2003 and 2005, 567 inspections were conducted in the export processing zones where 122,008 persons work, and a system of reinspection and monitoring was implemented to follow up the recommendations further to reports of violations of labour matters. Please provide information on the manner in which account is taken of gender-based discrimination in these inspections and please also supply extracts of reports on any violations which are verified with regard to discrimination against women, including related to pregnancy, sexual harassment and differences in pay. Please also supply information on measures and programmes that have been adopted and activities that have been undertaken to promote equality of opportunity and treatment in the export processing zones.

6. Indigenous peoples and ethnic communities. The Committee notes with interest that Act No. 445 concerning demarcation and certification of indigenous territories, which entered into force on 23 January 2003, has established a series of institutions such as the National Committee for the Demarcation and Certification of Indigenous Territories in order to regulate, demarcate, certify and develop indigenous community property on the Caribbean Coast. The Act also reiterates the obligation of consultation by the autonomous municipalities and regions in cases where the central government wishes to grant licences concerning the subsoil or declare protected areas in traditional communal territories. Apart from the legal mechanisms, the Plan for the Development of the Caribbean Coast of Nicaragua (NICARIBE) has been implemented, which constitutes a proposal for the construction of a planning and resource assignment model for the region with the participation of the autonomous regional governments, municipalities and indigenous communities. The Committee requests the Government to continue supplying information on the way in which Act No. 445 is being applied, on the impact of the stated measures and plan with respect to education, health, access to credit, land, and employment and occupation of the indigenous peoples, and on their application in practice.

7. The Committee also notes that the regional education system and the regional health system are in the final stage of implementation. The Committee would be grateful if the Government would supply an evaluation of their results. It also asks the Government to supply statistical information on the level of school attendance of the indigenous population of the Coast, on their situation with regard to employment and occupation, and on their income compared to that of the non-indigenous population. Please also supply information on the situation of other indigenous communities which do not live on the Caribbean Coast and on the existence of any policies to promote equality of opportunity and treatment for the members of those communities.

8. Cooperation of employers’ and workers’ organizations. The Committee notes the participation of employers’ and workers’ organizations in the adoption of the national employment plan, by Executive Decree No. 30-2006, which incorporates the national policy for equal opportunity and treatment with regard to employment. The Committee asks the Government to continue to supply information regarding cooperation with workers’ and employers’ organizations regarding the promotion of equality in practice, in particular with respect to the adoption of measures in the export processing zones and the adoption of policies and measures against sexual harassment in the workplace.

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

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).

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

1. Civil Service and Administrative Careers Act. With reference to its previous comments, the Committee notes with interest the adoption on 19 November 2003 of the Civil Service and Administrative Careers Act, No. 476, section 3(1) of which provides that the law guarantees the prerogatives, rights, mandate and opportunities deriving from its letter and spirit without discrimination on grounds of birth, nationality, political belief, race, sex, language, religion, opinion, origin, economic situation or social condition.

2. Indigenous peoples and ethnic communities. The Committee notes with interest Decree No. 3584 issuing regulations respecting the autonomous status of the Atlantic coast regions of Nicaragua, issued under the Act respecting the common property regime of indigenous peoples and ethnic communities in the autonomous regions of the Atlantic coast, published in Spanish, Mayangna, Misquito and English, as well as the translation into Misquito of the Code for Children and Young Persons. The Committee requests the Government to provide information on the implementation of the above regulations and on any relevant measures that are adopted to promote equality of opportunity and treatment for indigenous peoples and ethnic communities in the autonomous regions of the Atlantic coast.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. The Committee notes the Government’s affirmation confirming the suspension of Act No. 70 of 16 March 1990 on the civil service and administrative careers. The Committee reiterates the importance of applying the policy of equality of opportunity in order to eliminate any discrimination on the basis of race, colour, sex, political opinion, national extraction or social origin in posts in the public sector and requests the Government to take the necessary measures so that the Ministry of Labour establishes rules as soon as possible for the application of Act No. 70 and to keep the Committee informed on any progress in this respect.

2. The Committee notes that since 1997 the Government has supplied no information about programmes and projects designed to bring into practice the policies of elimination of discrimination against women in employment and occupation, developed by the Nicaraguan Institute for Women (INIM). The Committee requests the Government to supply in its next report information on progress made in regard to the strategic objectives which were laid down and, further, to indicate the measures envisaged to fulfil a national policy promoting equality of opportunity and treatment in regard to employment and occupation.

3. The Committee notes the Government’s statement to the effect that the Ministry of Labour has still not published the Labour Code and the Internal Labour Regulations in the languages of the indigenous communities of the Atlantic Coast, in accordance with Act No. 185 of 5 September 1996 which governs the Labour Code. It also notes that collective agreements and other documents which affect the workers of those communities have not been translated either. The Committee trusts that the Ministry of Labour will carry out these translations as soon as possible so as to provide the means of guaranteeing indigenous peoples the right to preserve their identity and culture and to promote in practice equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate the present situation of the process of adopting the Regulations for the Application of Autonomous Status on the Atlantic Coast regions of Nicaragua.

4. The Committee urges the Government once again to indicate the methods by which it is attempting to obtain the cooperation of employers’ and workers’ organizations and other appropriate bodies in promoting the acceptance and implementation of the national policy for the promotion of equality of opportunities 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 of the principles of the Convention in workplaces (paragraph 185 of the Committee of Experts’ General Survey on equality in employment and occupation, 1988).

5. The Committee also requests the Government to send detailed information on the situation and working conditions of women working in the industrial export processing zones, such as statistics, summaries of reports made by the labour inspectorate.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information contained in the Government's report, which refers to the equality provisions contained in the Constitution and in the national legislation. Noting that no reference is made to the public sector, the Committee requests the Government to indicate the manner in which the policy of promoting equality of opportunity and treatment is implemented for workers whose employment is subject to the direct control of a national authority. The Committee requests the Government to state whether Act No. 70 of 1990, on the civil service and administrative careers, which in section 25 established the right to apply for a public service post regardless of age, sex, colour, political creed or religion, and which was suspended while awaiting the adoption of the regulations under Legislative Decree No. 8/90, (and modified by Act No. 101) continues to be suspended, has been regulated, or has been replaced. It also requests it to provide copies of the laws, conditions of service and regulations governing public officials and employees in state enterprises, with particular reference to practices and procedures for recruitment, promotion, conditions of work, dismissal and channels of appeal. As already pointed out by the Committee, pursuing a policy of equality of opportunity in public sector employment is of particular importance as a means of promotion and integration, and may open the way to all other measures. It has a role to play in setting an example (paragraph 176 of the 1988 General Survey on equality in employment and occupation).

2. The Committee notes that, according to the Government's report, indigenous peoples and ethnic communities on the Atlantic Coast are entitled in their region to intercultural education in their maternal language, in accordance with the law, since the Act respecting the autonomy of the Atlantic Coast establishes the principle of equality of opportunities. In this respect, the Committee would be grateful to be provided with information on the effect given in practice to the Act respecting autonomy, with an indication of the provisions which are currently being applied and those which depend on the regulations to be issued under the Act. Furthermore, it notes that under section 5 of the Labour Code of 1996, "the Ministry of Labour shall publish the Labour Code and Internal Labour Regulations in the languages of the indigenous communities of the Atlantic Coast. Collective agreements and other documents which affect the workers of those communities shall also be issued in these languages". The Committee would like to be informed whether these translations have been carried out and would be grateful to be provided with copies of them.

3. The Committee also requests the Government to indicate the manner in which Article 3(a) of the Convention is applied, including the methods through which the cooperation of employers' and workers' organizations and other appropriate bodies is sought in promoting the acceptance and observance of the national policy to promote equality of opportunity and treatment.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes with interest the adoption of the Act concerning the Nicaraguan Institute for Women (INIM) on 6 July 1993, and thanks the Government for sending the "National Plan for Women" (1994-96) and Decree No. 20-93 of 8 March 1993 establishing the policies and plans of the INIM. It asks the Government to provide a copy of the rules referred to in section 1 of this Act, once they have been drafted. It would be grateful for information on the activities of the Advisory Council established by Decree No. 20-93.

2. Article 3(a) of the Convention. In the Government's report there is no indication of any provision establishing procedures for obtaining the cooperation of employers' and workers' organizations in promoting the acceptance and application of the policies proposed by the newly created INIM. The Committee observes that the National Plan, in part II entitled "Coordination Machinery", calls for a strengthening of the coordination machinery between the State and non-governmental organizations. It asks the Government to provide information on the measures adopted or envisaged in conformity with this provision of the Convention.

3. With regard to its previous comments on the action taken for ethnic minorities in the context of article 91 of the 1987 Constitution, the Committee notes Act No. 28 of 30 October 1987 entitled "Statute of the Autonomy of the Regions of the Atlantic Coast of Nicaragua". It notes in particular that under section 8, one of the duties of the administrative bodies of the above regions is to promote economic, social and cultural projects for the regions as well as the study, encouragement, development, preservation and dissemination of the traditional cultures of the Communities of the Atlantic Coast, together with their historical, artistic, linguistic and cultural heritage. It also notes that section 33 provides for a special fund for the development and social improvement of these regions. It notes the Government's statement that the preliminary draft Regulations for the application of the Statute of the Autonomy of the Regions of the Atlantic Coast - already mentioned in the 1993 report - is in the process of being examined by the President's legal advisers. The Committee asks the Government to provide information in its next report on the adoption of these Regulations, with a copy of them, and on the activities for the development and social improvement of these regions, which apply the principle of equality in employment in accordance with the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the information provided in the Government's report, including the attached documentation, in particular from the Nicaraguan Institute for Women (INIM). The Committee notes the functions of the Advisory Council of INIM, its active involvement in a number of projects, both nationally and internationally, and its role of institutional coordination and cooperation with the aim of promoting equal opportunity for women in both governmental and non-governmental organizations. The Committee requests the Government to continue to provide information on the programmes of work of the INIM, including statistical data on the number of women in decision-making positions. Noting also that the regulations of the Act of the Nicaraguan Institute for Women have not yet been finalized, the Committee requests the Government to provide a copy of them with its next report.

2. The Committee notes the information regarding the ethnic communities of the Atlantic Coast, in particular the large number of projects being implemented for their development and employment opportunities. It thanks the Government for the copy of the draft Regulations for the application of the Statute of the Autonomy of the Regions of the Atlantic Coast. The Committee requests the Government to keep it informed, in its next report, of activities for the promotion of equality of treatment and opportunity of the peoples of the autonomous Atlantic regions, and progress in the adoption of the draft Regulations.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. It also notes the information on the operation of the Technical Directorate of the Advancement of Women which comes under the National Technological Institute (INATEC), and whose objective is to promote women's participation in technical training with a view to their integration in the labour market in conditions of equal opportunity, by means of nationwide employment programmes.

1. The Committee notes the copy of the draft Organic Act of the Nicaraguan Institute for Women (INIM) provided with the report, and asks the Government to inform it when the above draft is adopted and to provide a copy of the regulations referred to in section 1 thereof.

2. Article 3(a) of the Convention. The information received gives no indication of any provision which establishes procedures for obtaining the cooperation of employers' and workers' organizations in promoting the acceptance and application of the policies proposed by the INIM. The Committee would be grateful if the Government would inform it of the measures adopted or envisaged pursuant to this Article of the Convention.

3. So that it may examine the policies and plans of the INIM, and in view of the fact that section 4(c) of the draft Organic Act of the INIM refers to an advisory body established by Decree No. 20-93 of 8 March 1993, the Committee would appreciate receiving a copy of the above Decree.

4. Since 1987 the Committee has been referring in its direct requests to the provisions of the Political Constitution of 1987 which prohibit discrimination and require the State to promote equality. It asks the Government to provide information on the measures taken or envisaged to give practical effect to the principle of equality laid down in the Constitution. The Committee again asks the Government to provide full information on this matter.

5. The Committee notes that the National Assembly has still not adopted the draft regulations of the Act on the Autonomy of the Atlantic Coast, which was submitted to the President of the Republic by the organizations of the ethnic groups of the Atlantic Coast. It asks the Government to provide: (a) a copy of the above-mentioned Act; (b) a copy of the draft regulations; and (c) detailed information on activities concerning the other ethnic minorities referred to in article 91 of the Constitution.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report in reply to its previous direct requests.

1. The Committee notes with interest the information provided by the Government on its social policy regarding women to be carried out mainly through the activities of the Nicaraguan Institute for Women (INIM), such as the adoption of programmes designed to train women heads of household and to establish micro-enterprises generating employment and income for these women as well as for urban and rural poor women; and the gender-sensitive workshops and seminars with women from all economic, social and political sectors. The Committee requests the Government to continue providing information on the implementation of its social policy concerning women and the activities, including the results achieved, of the INIM with regard to the promotion of equality of opportunity and treatment between men and women in respect of access to employment and particular occupations; and access to education and vocational training.

2. In its previous direct request, the Committee referred to its direct request of 1987 in which it noted the provisions of the Political Constitution of 1987 which prohibit discrimination and obligate the State to promote equality, and requested information on all measures taken or contemplated to promote in practice the principle of equality set forth in the Constitution. The Committee again expresses the hope that in its next report the Government will provide this information, as well as information on the action taken with regard to ethnic minorities in accordance with article 91 of the Constitution.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the information supplied by the Government in its report, in reply to its previous comments on the studies concerning the Atlantic Coast.

1. The Government states in its report that the Women's Bureau is in the process of closing down but that the Institute for Women has been created. The Committee asks the Government to provide information on the current policy concerning women and the activities of the Institute for Women.

2. In its direct request of 1987, the Committee noted the provisions of the Political Constitution of 1987 which prohibit discrimination and place the obligation on the State to promote equality, and requested information on all measures taken or contemplated to promote in practice the principle of equality laid down in the Constitution.

The Committee hopes that in its next report the Government will provide the above information, along with information on the action taken with regard to ethnic minorities in accordance with section 91 of the Constitution.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Government indicates that the studies on wages, the integration of labour and posts held on the Atlantic Coast could not be completed for lack of resources. The Committee requests the Government to supply a copy of the above studies when they have been completed.

2. According to the information supplied by the Government, the Women's Bureau is collaborating in the preparation of Bills which have transformed the legal situation of women and of the family, in the campaign to eliminate the legal discrimination and inequality of women. In this regard specific reference is made to the Act governing the relations between mothers, fathers and children, the Act respecting nutrition, the Act respecting adoption and the constitutional provisions respecting the situation of women and the family. The Women's Bureau is also participating actively in efforts to combat the maltreatment of women, through activities to defend women, constant public denunciations, investigations and the formulation of proposals for action. The Committee notes this information with interest and requests the Government to continue supplying information on the activities of the Women's Bureau.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information supplied by the Government that the Ministry of Labour has carried out a series of studies concerning employment on the Atlantic Coast, in connection with which many variables have been analysed (wages, integration of labour, posts held), regard being had to the ethnic factor.

The Committee asks the Government to supply a copy of these studies.

The Committee notes Decree No. 1091 of 28 July 1982, under which a Women's Bureau has been set up to "co-ordinate all programmes and actions carried out, whether in the state sector or in the private sector, to achieve the full development of Nicaraguan women ..." (section 1).

The Committee requests the Government to supply information on the activities that have been carried out by these bodies.