Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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. In its previous comments, the Committee noted the adoption of Ministerial Agreement JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of the types of hazardous work. It also noted the information provided by the Government in its report as regards the measures undertaken to give effect to Ministerial Agreement JCHG-08-06-10, including special inspection services, with particular emphasis on the protection of children working in quarrying limestone. The Committee finally noted that according to the statistics of the 2005 national study on child labour (ENTIA 2005) 70.5 per cent of children between the ages of 7 and 14 years worked in agriculture.

The Committee notes the Government’s information in its report that inspections were conducted in 1,272 establishments covering all sectors of the economy, where 236 children were identified as working in hazardous conditions. The Government indicates that, further to those inspections 1,758 young persons benefited from protection measures about their rights at work. The Committee also notes the Government’s information that a total of 3,975 agreements were signed with employers committing to not to use child labour and 1,691 certificates were issued to young persons so that their activities can be covered by the legal provisions addressing child labour. The Government also indicates that it has implemented specific inspection plans on child labour in the departments of Jinotega and Matagalpa, characterized by their high productivity of coffee. Finally, it mentions that it has conducted training workshops for 10,982 young workers on the legal framework on hazardous child labour. However, the Committee notes that the Government’s report does not contain any information on the number of violations detected regarding hazardous work by young persons and on the penalties imposed. The Committee requests the Government to continue to strengthen its efforts to ensure that children under 18 years of age employed in the agricultural sector are not engaged in hazardous work. In this regard, the Committee requests the Government to continue providing information on the application of Ministerial Agreement JCHG-08-06-10 in practice, including the number of inspections carried out, violations detected and penalties imposed.

2. Domestic work by children. In its previous comments, the Committee noted the information provided by the Government as regards the application 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, penalties for abuse, violence or humiliation and provisions on the promotion of education of these young domestic workers. It also noted that since the adoption of the Act, 8,483 labour inspection visits were carried out at homes in order to monitor the working conditions of children and young persons employed as domestic workers, ensuring the protection of 601 children and young persons. Moreover, as a follow-up to the registration of children and young persons engaged in domestic work, the Government stated that five seminars were organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua, attended by 149 young persons to provide information about their rights at work and educational scholarships.

The Committee notes the Government’s indication that 1,999 labour inspections were carried out at homes and identified 17 young persons engaged in domestic work. The Committee requests the Government to continue its efforts to ensure the protection guaranteed by Act No. 666 of 2008 to children and young persons in domestic work as well as to provide information on the number of inspections carried out in this regard. Further, noting again an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of violations detected and 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. In its previous comments, the Committee noted the Government’s indication that as part of the “Coffee harvesting without child labour” programme, a number of collaborative tripartite agreements were signed between the Ministries of Labour, Education and Health, and coffee producers and key actors in the agricultural sector. In 2010–11 a total of 1,371 children benefited from this programme in the departments of Jinotega, Matagalpa and Carazo. The Committee also noted that as part of the programme “From work to school” a number of children were withdrawn from working in mines and breaking rocks in the municipalities of Chinandega, El Rama and El Bluff. The programme provided these children with educational, health care and recreational services and supplied young persons with tools (such as sewing machines, worktables, irons) with the objective of promoting self-employment and collective cooperation. Noting the absence of information in the Government’s report, the Committee once again encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained under the various programmes aimed at withdrawing children and young persons from carrying out hazardous work in the agricultural sector 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.