Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Nicaragua (Ratification: 1981)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of June 2005 (CRC/C/15/Add.265, paragraph 61), expressed concern at the information that child labour has increased consistently in Nicaragua in the last years due to migration from the countryside and the intensification of poverty. The Committee also noted that, according to the statistics contained in the national report on child labour, compiled by the Statistical Information and Monitoring Programme on Child Labour (SIMPOC) and published by ILO–IPEC in April 2003, around 253,057 children between the ages of 5 and 17 are engaged in economic activity. While observing that there appear to be difficulties in the application of the Regulations on Child Labour and that child labour constitutes a problem in practice, the Committee noted that the Government was drawing up a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2006–10) and that a study on child labour in the country was due to be prepared in November 2005.

The Committee notes that according to the national study on child labour of 2005 (ENTIA, 2005), 239,220 children between the ages of 5 and 17 years were engaged in work in the country. The Committee notes with interest that, according to the final evaluation report of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–05) (Strategic Plan 2001–05) of October 2006, child labour has decreased by around 6 per cent since 2000. According to this final report, over 100,000 children in poor families received direct or indirect assistance from the various actors in civil society who were engaged in the implementation of the Strategic Plan 2001–05. Furthermore, 14,075 children benefited from action programmes on the worst forms of child labour implemented by ILO–IPEC in the country.

The Committee notes the draft Decent Work Country Programme for Nicaragua and observes that measures are envisaged to improve the application of standards relating to child labour and to continue efforts for the progressive elimination of child labour by 2015, with particular reference to the worst forms of child labour. Furthermore, the Committee notes the information provided by the Government according to which a second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2007–16) is under preparation. The Committee expresses appreciation of the measures adopted by the Government for the abolition of child labour, which it considers to be an affirmation of the political will to develop strategies to combat this problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the measures that will be taken for the elimination of child labour in the context of the Decent Work Country Programme. Furthermore, the Committee requests the Government to provide information on the second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2007–16) and the programmes of action that are implemented in the context of this Plan, as well as on the results achieved in terms of the progressive abolition of child labour. It also invites the Government to continue providing information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons and extracts of the reports of the inspection services.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee noted that, despite the amendments made to sections 130 and 131 of the Labour Code by Act No. 474 of 21 October 2003, the Labour Code still does not apply to employment relationships that are not derived from an employment contract, such as work performed by children on their own account. The Committee reminded the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not an employment contract exists and whether or not the work is paid. It requested the Government to provide information on the manner in which the protection envisaged by the Convention is ensured in the case of children engaged in an economic activity that is not covered by an employment relationship, such as work performed on their own account.

The Committee notes the information provided by the Government according to which Ministerial Agreement JCHG-008-05-07 on the implementation of Act No. 474 provides that the General Directorate of Labour Inspection shall be responsible for the implementation of Act No. 474 and the organization of a system of inspection for the prevention of child labour and its supervision in accordance with the rights of young persons engaged in work in the formal and informal sectors. The Committee also notes the Government’s indication that, with a view to increasing labour inspection activities in the informal economy, and particularly to eliminating child labour, the labour inspection system has been strengthened through links with various governmental and non-governmental organizations. Accordingly, the labour inspectorate for children and the general labour inspectorate will collaborate with a view to protecting children from work, and from the worst forms of child labour, and removing them from exploitation. Taking due note of the information provided by the Government, the Committee requests it to provide information on the measures adopted by the labour inspection service for children and the general labour inspectorate to protect and remove children from child labour who are not bound by an employment relationship, such as those who work on their own account.

2. Minimum age for admission to light employment and work. In its previous comments, the Committee noted that section 134 of the Labour Code does not regulate the performance of light work by children between the ages of 12 and 14 years, as envisaged in Article 7 of the Convention. Furthermore, it noted the statistics on work by children under 14 years of age contained in the report on child labour compiled by SIMPOC and published by ILO–IPEC in April 2003, which indicate that in practice a considerable number of children engaged in work are under 14 years of age. In view of the situation prevailing in the country, the Committee invited the Government to establish a system regulating the employment of children aged between 12 and 14 years on light work, in accordance with the conditions set out in Article 7 of the Convention.

In its report, the Government indicates that Act No. 474 regulates work by children and establishes 14 years as the minimum age for admission to employment, without any exception to this age being envisaged. While noting the Government’s indications, the Committee notes once again that, according to ENTIA, 2005, a certain number of children aged between 12 and 14 years, which is below the minimum age for admission to employment, are engaged in work. The Committee recalls that under Article 2, paragraph 1, of the Convention, no one under the minimum age shall be admitted to employment or work in any occupation, with the exception of light work, and it requests the Government to provide information on the measures that it intends to take to bring an end to work by children under 14 years of age.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNESCO statistics, 86 per cent of girls and 88 per cent of boys attend primary school, compared with 46 per cent of girls and 40 per cent of boys attend secondary school. The Committee notes that, according to the final evaluation report of the Strategic Plan 2001–05, a special school enrolment plan resulted in the re-enrolment of over 3,455 boys and 2,742 girls in primary school in 2005, and over 50,000 children in 2006. However, according to this report, over 150,000 children between the ages of 7 and 12 years are not enrolled in school each year. Furthermore, the report notes an increase in the school drop-out rate over the past six years, particularly due to poverty which constrains children, and particularly boys, to work. Despite the efforts made by the Government, the Committee expresses concern at the low attendance rates for secondary school. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient education system, it hinders the development of the child. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to increase the school attendance rate and reduce the school drop-out rate so as to prevent children under 14 years of age to work, particularly on their own account. It also requests the Government to intensify its efforts to combat child labour by reinforcing measures that allow child workers to be integrated into the school system, whether formal or informal, or into vocational training, provided that the minimum age criteria with regard to employment or work are respected.

Article 3, paragraph 2. Determination of hazardous types of work. Further to its previous comments, the Committee notes with satisfaction the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 respecting the list of hazardous types of work applicable in Nicaragua of 14 November 2006, which was drawn up in consultation with the organizations of employers and workers and civil society, and contains a detailed list of hazardous types of work.