Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

In its previous comments, the Committee asked the Government to provide information on the extension of the coverage of the social security system to rural areas, an appreciable reduction having been observed in the number of people affiliated and protected, particularly in the agricultural sector, where the quality of medical services had deteriorated seriously.

In its last report, the Government states that there was a 48 per cent increase in 2005 over 1998 in the number of persons insured against occupational risks. In the agricultural sector more specifically, the number of persons affiliated rose by 23 per cent in the abovementioned period: from 16,211 in 1998 to 19,874 in 2005. The Government again refers to agreements concluded with private and public health-care providers for the supply of health services, and states that a network of providers has been set up specifically to enable the inhabitants of border areas to have access to the best possible health services. However, in some parts of the country there are still technical problems which are an obstacle to the improvement of medical services, but the Nicaraguan Social Security Institute (INSS) is still implementing measures for the improvement of occupational-risk-related medical care in these areas.

The Committee notes this information and would be grateful if the Government would continue to report on the measures implemented – and the results obtained – gradually to extend INSS coverage for occupational risks to all agricultural workers in the country. It would ask the Government in particular to indicate in its next report the percentage of agricultural employees covered for occupational accidents in relation to the total number of agricultural employees.

The Committee further notes that, according to the Government, section 126 (formerly section 103) of the Labour Code of 1996, allowing the courts or the departmental labour inspector to reduce the amount of compensation payable for occupational accidents, applies to all small enterprises and to domestic service. Nevertheless, this provision of the Labour Code applies only where the workers concerned are not covered by the social security system and the employer’s insolvency is duly established before the courts. The Government adds that the extension of the coverage of the social security system to domestic service forms part of a social security promotion programme currently under way. On this subject, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).