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

Forced Labour Convention, 1930 (No. 29) - Nicaragua (Ratification: 1934)

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee noted that the draft Penal Code, which was discussed in the National Assembly, devotes a heading to labour law violations (Title XI of Book II) and provides in section 298 (slavery and exploitation) that any person who subjects or reduces a person to, or keeps a person in, slavery or servitude or any other situation which violates human dignity at work is liable to imprisonment for between three and six years. The Committee notes that the Government will provide a copy of the Penal Code when it has been adopted.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee noted previously section 77 of Act No. 473 on the prison system and the serving of sentences under which work contracts for the provision of services may be concluded with enterprises or individuals. The Committee requested the Government to provide copies of such contracts and asked it to indicate the manner in which detainees give their consent for work performed for a private enterprise or individual.

The Committee notes the Government’s indication in its report that there are currently no work contracts for the provision of services concluded by prison administrations with private enterprises or individuals. The Committee hopes that, if such contracts are concluded, the Government will provide information in future reports on the arrangements under which work by detainees is used by private enterprises.

2. Performance of community work. The Committee notes that the draft text of the Penal Code to which it referred previously provided, in section 61, for the penalty of the performance of community work. This penalty of the performance of unpaid work for the benefit of the community or in the public interest may be imposed for between ten and 90 working days and obliges the convicted person to perform physical or intellectual work. The judge determines the hours and place of work (public or private establishments serving the public interest). Work for the benefit of the community is provided by the local administration, which may conclude the appropriate contracts, and must be non-profit making. As soon as this provision of the Penal Code enters into force, or if other provisions already allow the competent legal authorities to pronounce this type of sentence, the Committee requests the Government to provide more detailed information on the nature of the work performed in the context of community work and on the entities for whose benefit this work is carried out. Please also send, where appropriate, a copy of any text regulating this type of work.

Freedom of members of the armed forces to leave their employment

In its previous comments, the Committee requested the Government to indicate whether, in practice, the relevant military authority has already refused an application to leave the forces, the possibility of which is envisaged in section 118 of the internal military rules and, if so, to indicate the reasons given for such refusal. The Committee notes that the Government’s report does not contain the information requested and hopes that the Government will provide it in its next report.

Trafficking in persons for exploitation

In its previous direct request, the Committee noted the provisions of section 203 of the Penal Code concerning the criminal offence of trafficking in persons. Under this section, any person who recruits or enlists individuals, with their consent or by recourse to threats, offers, deception or any other similar machination, to engage in prostitution inside or outside the Republic, or any person who brings individuals into the country to engage in prostitution commits an offence which shall be penalized with between four and ten years’ imprisonment. The Committee noted that this provision does not refer to the trafficking in persons to exploit their work but only to trafficking in persons for use in prostitution. Nevertheless, it noted that the draft Penal Code closed this loophole as, in addition to a section specially devoted to the trafficking in persons for sexual purposes (section 193), section 460 (trade in persons) provides that any person who, on his own account or as a member of an international organization, engages in the trade of persons for whatever purpose shall be liable to imprisonment for between four and eight years. The Committee trusts that this draft text will be adopted in the near future. It requests the Government to provide information on the application in practice of the above provisions of the Penal Code. Please indicate whether legal proceedings have been instituted against persons responsible for the trafficking in persons for prostitution or to exploit their work and indicate the sentences that have been imposed. The Committee notes the information provided by the Government on the measures adopted to promote the policy on the trafficking in persons, including a massive campaign at the national level and the establishment of the National Coalition to Combat Trafficking in Persons.