Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Nicaragua (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. Further to its previous comments, the Committee takes due note of the adoption of Ministerial Agreement JCHG 08 06 10 of 19 August 2010, replacing the list of hazardous jobs approved by Ministerial Agreement VGC-AM-0020-10-06 of 14 November 2006. It notes with interest that the list sets out types of hazardous work carried on in the agricultural sector, such as tasks involving the use or handling of heavy machinery or tasks involving exposure to chemicals. The Committee also notes the statistics sent in the Government’s report which show that the number of inspection visits carried out in the agricultural sector by the inspectorate responsible for child labour increased from 127 in 2009 to 163 in 2010. It also notes the statistics of the number of violations recorded and the penalties imposed and observes that between 2010 and the first quarter of 2011, 263 offences were reported, yet only four fines appear to have been imposed. The Committee further notes from information in a 2011 report on the worst forms of child labour in Nicaragua, available on the website of the United Nations High Commissioner for Refugees, that inspection visits for child labour in the agricultural sector are limited owing to a lack of resources and capacity. The Committee requests the Government to pursue its efforts to ensure that no children or young persons under 18 years of age employed in the agricultural sector are engaged in hazardous work, and to this end to take steps to build the capacity of the inspectorate responsible for child labour. It also requests the Government to provide information on the practical effect given to Ministerial Agreement JCHG 08 06 10 of 19 August 2010.

Domestic work by children. In its previous comments the Committee noted with satisfaction the adoption of Act No. 666 of 4 September 2008 on domestic work which protects young persons in domestic service by laying down recruitment and working conditions as well as penalties for abuse, violence or humiliation of these workers. The Act also requires the employer to notify such recruitment to the labour inspectorate and to promote and facilitate the education of these young domestic workers.

The Committee notes that according to the Government labour inspectors have the authority to visit homes in order to monitor the working conditions of children and young persons employed as domestic workers. It observes that following the adoption of Act No. 666, 577 children and young persons engaged in domestic work have been registered by the labour inspectorate and 11 children under 14 years of age have been withdrawn from such employment. The Committee nevertheless notes from the statistics supplied in the Government’s report on child labour inspection in private households employing domestic workers, that the number of inspection visits fell from 76 to 13 between 2009 and 2010. The Committee requests the Government to strengthen its efforts to build the capacity of the inspectorate in charge of child labour so as to guarantee the protection laid down in Act No. 666 of 4 September 2008 for children and young persons employed in domestic service. It asks the Government to continue to provide information on the number of inspection visits carried out, the offences reported and the penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. Further to its previous comments, the Committee notes with interest that according to the information sent in the Government’s report, 2,626 children were withdrawn from labour and benefited from care in the departments of Jinotega and Matagalpa under the “Coffee harvesting without child labour” programme. The Committee encourages the Government to pursue its efforts and asks it to continue to provide information on the results obtained under the “Coffee harvesting without child labour” programme. Please also provide information on the measures taken to withdraw from labour children and young persons carrying on hazardous work in other agricultural sectors and on the measures taken to ensure their rehabilitation and social integration.

The Committee is raising other points in a request addressed directly to the Government.