A/HRC/44/43/Add.2
60.
The Working Group was encouraged by some measures taken to address the
deplorable working conditions of fishing divers in La Mosquitia, including by the
Interinstitutional Commission to Address and Prevent the Problem of Dive-fishing
(Comisión Interinstitucional para la Atención y Prevención de la Pesca por Buceo) under the
Ministry of Labour. The measures included awareness-raising initiatives on relevant
occupational safety and health regulations for Miskito divers and more inspections of diving
fishing vessels. More needs to be done, however, including to strengthen the Commission
and occupational health and safety regulations and oversight in the sector, with the
meaningful participation of stakeholders, including the private sector and workers.
IV. Gender aspects of business and human rights
61.
The Working Group noted that, despite the existence of a solid institutional and
normative framework to address different forms of discrimination against women, women
from ethnic minorities and indigenous women, lesbian, bisexual, trans and intersex women,
rural women, women living in poverty and indigenous women are particularly
disadvantaged,16 and therefore disproportionally affected by business-related human rights
abuses.
62.
Women are forced to endure precarious and abusive workplace conditions, lower
wages, job insecurity and the risk of exploitation and violence.17 Informal employment and
unemployment affect women disproportionately, and persistent horizontal and vertical
occupational segregation still exists.18
63.
Women represent only 34.7 per cent of the labour force,19 earn less than men while
being exposed to extremely poor working conditions, including in the garment and domestic
work sectors. With regard to the principle of equal pay for work of equal value, current data
show a gender pay gap of approximately 43 per cent.20 Other United Nations mechanisms
have noted that the current legal framework, including the Labour Code and the Equal
Opportunities for Women Act, do not ensure the application of the principle of equal
remuneration for work of equal value (E/C.12/HND/CO/2, paras. 33–34).21 The Working
Group recommends that the State take the measures necessary to ensure equal pay for men
and women.
64.
Women are particular disadvantaged in terms of access to land, financial credit and
farming assets,22 which places them in a vulnerable position in the labour market. In a country
where violence against women is rampant, women reported the extent to which gender-based
harassment, including sexual violence, also permeates the work place.
65.
The Government informed the Working Group about initiatives, such as the “Ciudad
Mujer” national programme, designed to promote women’s economic empowerment and
access to the labour market, and ultimately to improve the living conditions of women,
including in the maquila sector. In the Department of Cortés, “Ciudad Mujer Móvil” were
16
17
18
19
20
21
22
OHCHR, Working Group on the issue of discrimination against women in law and in practice, press
statement, 14 November 2018.
www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13101:0::NO::P13101_
COMMENT_ID:3297680.
https://estadisticas.cepal.org/cepalstat/Perfil_Nacional_Social.html?pais=
HND&idioma=spanish.
National Statistics Institute, Household Survey, 2018.
ILO, Understanding the gender pay gap (www.ilo.org/wcmsp5/groups/public/---ed_dialogue/--act_emp/documents/publication/wcms_735949.pdf).
Other United Nations mechanisms, such as the Committee on Economic, Social and Cultural Rights
(E/C.12/HND/CO/2, paras. 33–34) and the Committee of Experts on the Application of Conventions
and Recommendations (referring to the Equal Remuneration Convention, 1951 (No. 100)), have
noted that the current legal framework, including section 367 of the Labour Code and section 44 of
the Equal Opportunities for Women Act, do not ensure the application of the principle of equal
remuneration for work of equal value..
www.fao.org/docrep/v9650s/v9650s06.htm.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents