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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Nicaragua (Ratification: 1934)

In its previous comments, the Committee drew the Government’s attention to the need to take steps to reverse the decline in the number of people in the economically active population who are insured under the social security scheme, against occupational risks in particular, and to provide information on the measures taken to this end.

In its last report, the Government mentions a significant increase in the number of workers covered by the Nicaraguan Social Security Institute (INSS) against occupational risks: from 266,124 in 1998, the number rose to 393,559 in 2005, which represents a 48 per cent increase. With regard to the percentage of the economically active population that is insured, the proportion was 18 per cent in 2005, up from 16 per cent in 1998. The Government’s report also sets out the measures that enabled it to achieve this result, such as information campaigns, reinforcement of supervision of the application of the legislation as an incentive to employers to affiliate their workers to social security, and implementation of a programme to affiliate domestic personnel to social security. The Government also states that the purpose of the social security model introduced in 1994 by the INSS was to renew the social welfare system, particularly in the area of health services, by separating the administrative and financial functions from the service provision functions. Furthermore, the INSS has entered into contracts with medical welfare companies (EMPs) and occupational risk health units (USRPs) which, according to the Government, have made a major effort to improve their quality indicators despite a lack of staff qualified in health and safety and occupational medicine, which in many cases is an obstacle to effective prevention and accurate diagnosis of occupational diseases. Lastly, the Government indicates in its report that there is a national programme for the prevention of occupational risks which focuses on the sectors where 75 per cent of reported occupational accidents occur nationwide, which has enabled the rate of industrial accidents to be kept under control, and that the target for the next three years is to maintain the rate at 4.5 accidents per 100 workers and at the same time to extend this programme to cover sectors totalling 85 per cent of industrial accidents.

The Committee notes this information with interest and requests the Government to continue to provide information on the effects of the measures taken gradually to extend the protection provided by the INSS, particularly in respect of occupational risks, to all workers covered by the Convention. It would also be grateful if, with its next report, the Government would send statistical data of the number of wage earners and apprentices protected against occupational risks in relation to the total number of workers employed in enterprises, undertakings and establishments, whether public or private.

The Committee would also be grateful if, in its next report, the Government would specify how effect is given to Article 11 of the Convention with regard to workers who are not yet covered by social security in the event of industrial accident. It reminds the Government that, under this provision, national laws or regulations must ensure the payment of compensation to injured workers or their dependants in the event of insolvency of the employer or insurer so that they are, at all events, paid the compensation due to them.