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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Nicaragua (Ratification: 2000)

Article 3(a) and (b) and Article 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments the Committee noted with satisfaction the adoption of Act No. 641 of 16 November 2007 issuing the new Penal Code, which came into force in July 2008. It noted that the new Penal Code prohibits and punishes pornography and paid sexual intercourse with young persons (section 175); the promotion of tourism for the purpose of sexual exploitation (section 177); aggravated procuring (section 179); procuring (section 180); and human trafficking for the purpose of slavery or sexual exploitation (section 182). Furthermore, section 315 prescribes a prison sentence of from five to eight years for anyone engaging in the trafficking of persons for the purpose of exploiting their labour, with a heavier penalty where the victims are children.

The Committee notes the Government’s information concerning the number and nature of offences reported and the penalties imposed under the new Penal Code. It notes, for example, that between 2008 and 2010, ten cases ended in sentences imposed for trafficking, commercial sexual exploitation, procuring and pornography involving young persons under 18 years of age and that the penalties ranged from four to 20 years’ imprisonment. The Committee nonetheless observes that in its concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Committee on the Rights of the Child noted with concern that, despite the adoption of the new Penal Code, few investigations led to prosecution of the sale of children, child prostitution and child pornography (CRC/C/OPSC/NIC/CO/1, paragraph 27). It also expressed concern that child sex tourism remains a serious problem in the country and that children are trafficked for the purpose of sex tourism (paragraph 21). Furthermore, according to the 2011 Trafficking in Persons Report – Nicaragua, which can be viewed on the website of the United Nations High Commissioner for Refugees (UNHCR), Nicaraguan children are subjected to sex-related trafficking within the country as well as in neighbouring countries such as Guatemala, Costa Rica, El Salvador, Honduras and Mexico. The report also indicates that Nicaragua is a destination for child sex tourism.

While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that there have been few sentences given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice. The Committee requests the Government to redouble its efforts to build the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are held and completed and that persons committing such acts are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. Please also continue to provide information on the number of offences reported, investigations held, legal proceedings brought, sentences passed and penalties applied under Act No. 641 of 16 November 2007.

Article 6. Programmes of action. Trafficking. The Committee takes due note of the information supplied by the Government concerning the campaigns to raise awareness about trafficking for the purpose of commercial sexual exploitation. It also notes from information supplied by the Committee on the Rights of the Child in its concluding observations of 21 October 2010 on the application of the Convention on the Rights of the Child, that the Government has adopted a new Strategic Plan against Trafficking in Persons (2010–2014) (CRC/C/OPSC/NIC/CO/1, paragraph 11). The Committee requests the Government to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–2014) and on the results obtained in terms of eliminating child trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee takes due note of the information sent in the Government’s report concerning the measures taken under the Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI 2007–16). It notes in particular that in 2009, 10,598 children and young workers were reintegrated in the school system. It also notes that a national school enrolment campaign was launched in 2010 and that a total of 16,580 persons between the ages of 16 and 45 years, the majority of whom are women from rural areas, benefited from literacy training under the De Martí a Fidel national literacy campaign, launched in 2007. The Committee nonetheless notes that according to UNICEF statistics for the period 2005–09, the net school attendance ratio barely reached 35 per cent for boys, as compared to 47 per cent for girls. It also notes that in its concluding observations of 20 October 2010 on the application of the Convention on the Rights of the Child, the Committee on the Rights of the Child expressed concern that around half a million children do not attend school, and regional disparities are very broad, and that almost half of all adolescents are outside the school system (CRC/C/NIC/CO/4, paragraph 70). Considering that education contributes to prevent the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the running of the educational system, and requests it to take steps to increase the secondary school attendance ratio by paying particular attention to inequalities in access to education that are linked to gender and regional disparities. Please also provide information on the results obtained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. Further to its previous comments, the Committee notes that the Ministry of the Family, Childhood and Adolescence (MIFAN) has published a guide on care for victims of commercial sexual exploitation and trafficking in order to improve coordination between institutions in the various state departments responsible for the care of these victims. The Committee notes, however, that according to information supplied in the Government’s report, MIFAN appears to be responsible only for the care of child trafficking victims under the age of 13 years. It also notes that according to the 2011 Trafficking in Persons Report, there is no shelter provided by the Government for the victims of trafficking. There is only one temporary shelter for children who are victims of domestic or sexual abuse. Furthermore, the Committee notes that in its concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Committee on the Rights of the Child expressed concern at the inadequacy of the measures taken to identify victims of the sale of children, child prostitution and child pornography (CRC/C/OPSC/NIC/CO/1, paragraph 33). It also expressed concern that the Government had not put in place measures for the rehabilitation and social integration of these children (paragraph 37). The Committee strongly encourages the Government to redouble its efforts to remove children and young persons under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It asks the Government in its next report to indicate whether shelters for child victims of trafficking and commercial sexual exploitation have been set up, and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.

Clause (d). Children at special risk. Street children. The Committee notes that in its concluding observations of 20 October 2010 on the application of the Convention on the Rights of the Child, the Committee on the Rights of the Child expressed concern at the large number of children living in the streets and noted that a study on street children is ongoing (CRC/C/NIC/CO/4, paragraph 74). The Committee is of the view that street children are particularly exposed to the worst forms of child labour, and accordingly asks the Government to provide information on the measures taken to protect these children from the worst forms of child labour, and on the results obtained. Please also provide a copy of the study on street children.

Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted that a Protocol on repatriation procedures for children and young persons who are victims of trafficking was adopted by the Ministry of the National Coalition to Combat the Trafficking of Persons. It noted that, according to section 2, the Protocol’s objective is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation. The Committee requested the Government to provide information on the implementation of the Protocol, indicating in particular the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated.

The Committee notes that the Government’s report contains no such information. It nonetheless observes that according to information in the 2011 Trafficking in Persons Report, Nicaragua continues to cooperate with neighbouring countries and the United States to jointly investigate trafficking cases and facilitate the repatriation of trafficking victims to their countries of origin. The Committee again asks the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee takes due note of the statistics sent by the Government on the inspection of child labour and protection of young workers.