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

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Nicaragua (Ratification: 1934)

1. With reference to the Committee's earlier comments on the extension of the coverage of the social security system to rural areas, the Government indicates in its report communicated in 1998 that, between 1989 and 1993, the Nicaraguan Institute of Social Security (INSS) observed an appreciable reduction in the number of people affiliated and protected, especially in the agricultural sector where the quality of medical services provided by the Ministry of Health has deteriorated seriously. In 1994, the INSS set up a new social welfare model (for health and occupational risks) and concluded agreements with private and public health care providers to supply health services. Other measures have been carried out, such as the progressive establishment of the new social welfare model in the most isolated areas; the improvement of services provided for injured beneficiaries; the massive dissemination of the information on the rights of insured persons, as well as the establishment of a plan for controlling enterprises and encouraging workers' affiliation.

The Committee notes this information and observes that the various actions undertaken have led to an increase in the insured population in the agricultural sector from 10,395 to 17,960 between 1993 and 1997. In these circumstances, the Committee hopes that the Government will continue to communicate statistical information on the number of agricultural wage earners insured against employment injury as compared with the total number of agricultural wage earners. It also hopes to receive the information on the measures taken with a view to pursuing the extension of INSS cover to rural areas so that all agricultural wage earners benefit in practice from the protection provided by the INSS in the event of employment injuries.

2. The Committee recalls that section 103 of the Labour Code allows judges to reduce the compensation due to the victims of occupational accidents employed in small agricultural enterprises. It therefore requests the Government, once again, to indicate the measures taken with a view to repealing this article so that there is no ambiguity in the legislation and that all agricultural wage earners enjoy the same benefits as those granted to other wage-earners, in accordance with the Convention.