111th International Labour Conference - Committee on Application of Standards Nicaragua Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - EU Statement

European Union

Statement

International Labour Conference

111^th session 

Geneva, 5-16 June 2023

________

Committee on Application of Standards

Nicaragua

Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

________

Geneva, 7 June 2023

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Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Albania*, Bosnia and Herzegovina*, the Republic of North Macedonia*, the potential candidate country Georgia, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights.
2. We actively promote the universal ratification and implementation of the fundamental international labour standards. We support the ILO in its indispensable role to develop, promote and supervise the effective implementation of ratified international labour standards and of fundamental Conventions in particular.
3. The principle of equality and non-discrimination is a fundamental element of international human rights law. In the European Union’s founding treaties and the Constitutions of the EU Member States, the prohibition of discrimination is a core principle. ILO Convention No. 111 is the translation of this fundamental human right to the world of work, employment and occupation.
4. The EU and Central America, including Nicaragua, have an Association Agreement, the objectives of which are to develop a privileged political partnership based on values, principles and common objectives, in particular the respect for and the promotion of democracy and human rights, including labour rights, sustainable development, good governance and the rule of law and to contribute to inclusive and sustainable economic development, full and productive employment and decent work. The EU remains open to a genuine dialogue based on mutual respect on these and other topics of interest.

5. 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, student and rural leaders, journalists, human rights defenders, trade unionists and business representatives. Since then, reports from the Office of the High Commissioner for Human Rights, the Inter-American Commission on Human Rights, and most recently the Group of Human Rights Experts on Nicaragua, all show 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.
6. We welcome the liberation of 222 political prisoners on 9 February 2023, but deplore the decision on the same and next day to render them as well as other 94 dissidents in stateless exile. We remain alarmed by the numerous 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 United Nations Human Rights Council through resolution 52/2 reflects the commitment of the international community, including the European Union, to defending democracy, the rule of law and human rights in the country. 

7. We are gravely concerned about the climate of violence, intolerance, insecurity and intimidation, further aggravated through certain measures both in legislation and practice, as outlined by the United Nations bodies and the Inter-American Human Rights System, which is conducive to serious acts of discrimination in employment and occupation of persons who express their political opinion. We fully echo the request of the Committee of Experts on the Application of Conventions and Recommendations 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 ensure the elimination of discrimination on the basis of political opinion. We also urge Government to address the matters reflected in the resolutions and observations adopted by the previously mentioned Human Rights bodies and the IACHR and to comply with the requests therein.

8. 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 "hostile work environment" under the Labour Code, penalties for upheld sexual harassment complaints and legal actions taken for sexual and quid pro quo harassment.
9. We urge the Government, in line with the Committee of Experts’ report, to undertake urgent actions required to ensure 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 United Nations to testify on the situation of indigenous and of 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 the cultural and linguistic specificities and differences.
10. 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.

[*Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Montenegro, and Serbia continue to be part of the Stabilisation and Association Process.]