Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children, use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted the provisions of the Penal Code which prohibit and penalize the sale and trafficking of children, the sexual exploitation of children and the use of children in the production of pornography or pornographic performances. The Government indicated that the Public Prosecutor’s Office had initiated criminal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences relating to pornography and paid sexual acts with minors. The Committee also noted the capacity-building measures for law enforcement bodies adopted by the Government, with such measures having reached a total of 1,500 public officials. The Committee further noted that the Public Prosecutor’s Office, the police and the Nicaraguan Institute of Tourism (INTUR) had carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate criminal proceedings and direct child victims to specialized shelters. In addition, INTUR had launched an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.

The Committee notes with interest the adoption in 2015 of the Act against Trafficking in Persons. Section 1 of the Act defines its purpose as being the prevention of trafficking in persons and the prosecution and punishment of perpetrators, and also defines specific and effective mechanisms for saving victims, particularly children and young persons. Section 3 provides that the Act shall apply to the perpetrators of trafficking both inside and outside the country. The Committee also notes that section 7 provides for the setting up of a National Coalition against Trafficking in Persons, which shall be responsible for formulating, implementing, evaluating and monitoring public policies for the prevention, prosecution and punishment of trafficking and also for the protection of victims. The Committee notes the Government’s indication in its report that in 2015–16 prosecutions were initiated in 17 cases, resulting in 14 convictions for sexual exploitation, pornography and paid sexual acts with young persons. The Government also indicates that prosecutions were launched in 11 cases, yielding nine convictions for the offence of trafficking in persons, without specifying the number of cases in which the victims were under 18 years of age. The Committee requests the Government to provide information on the implementation of the Act against Trafficking in Persons and also on the activities of the National Coalition against Trafficking in Persons, aimed at combating the trafficking of children and providing protection for victims. It requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties applied under the Penal Code.

Article 3. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee noted that 70.5 per cent of children between the ages of 7 and 14 years worked in agriculture. It also noted the adoption of Ministerial Decision 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 hazardous types of work. The Committee also noted the steps taken by the Government relating to special inspection services to give effect to Ministerial Decision JCHG-08-06-10, with particular emphasis on the protection of children working in limestone quarries. The Committee noted the Government’s indication that inspections were conducted in 1,272 workplaces covering all sectors of the economy, where 236 children were identified as working in hazardous conditions, and that in the wake of these inspections 1,758 young persons benefited from protection measures relating to their rights as workers. The Government also indicated that it had implemented specific inspection plans relating to child labour in the departments of Jinotega and Matagalpa, which are characterized by their high levels of coffee production.

The Committee notes the Government’s indication that a total of 194 violations were reported in the agricultural and stockbreeding sectors. It also notes that a total of 2,831 certificates were issued to young persons between 14 and 18 years of age, in accordance with Ministerial Decision JCHG-08-06-10 concerning the prohibition of hazardous work for children and young persons. However the Committee notes once again that the Government’s report does not contain any information on the number of violations reported or the penalties imposed. The Committee requests the Government to continue intensifying its efforts to ensure that children under 18 years of age employed in agriculture do not perform hazardous work. In this regard, the Committee requests the Government to continue providing information on the application of Ministerial Decision JCHG-08-06-10 of 19 August 2010 in practice, including the number of inspections carried out, violations reported and penalties imposed.

2. Hazardous child domestic labour. In its previous comments, the Committee noted the information supplied by the Government on the application of the Domestic Work Act (No. 666) of 4 September 2008, which protects young persons in domestic service by laying down recruitment and working conditions and prescribing penalties for abuse or humiliation of workers or violence against them. It also noted the Government’s indication that 1,999 labour inspections had been carried out in households where 17 young persons were found engaged in domestic work. As regards follow-up to the registration of children and young persons engaged in domestic work, the Government stated that five seminars organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua to provide information on rights at work and educational scholarships had been attended by 149 young persons.

The Committee notes the Government’s indication that special inspections have been carried out as part of the implementation of Ministerial Decision JCHG-08-06-10. Accordingly, 39 cases of young persons working in domestic service have been reported. The Government states that employers have been instructed by means of an administrative decision to put a stop to these violations. The Committee requests the Government to pursue its efforts to ensure the protection guaranteed by Act No. 666 of 4 September 2008 to children and young persons in domestic work and to continue providing information on the number of inspections carried out. Noting the violations reported, the Committee requests the Government to indicate whether penalties have been imposed on the perpetrators.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Ministry of Education had enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. It also noted that despite the Government’s efforts, the percentage of children in secondary education remained low despite some improvement (43 per cent for boys and 49 per cent for girls). The Committee notes the UNICEF country programme document for 2013–17, which indicates that the Government will place special emphasis on the educational system of the autonomous regions to provide intercultural and bilingual education so that indigenous children and children of African descent have access to quality education. According to the document, the Government will also continue to improve school infrastructure in terms of access to water and sanitation in schools (E/ICEF/2012/P/L.31, paragraphs 36 and 38). The Committee requests the Government to continue to take the necessary steps to improve the functioning of the education system and to improve the school attendance and completion rates, while placing particular emphasis on tackling gender inequalities in access to education and regional disparities. It also requests the Government to provide data on the results achieved, disaggregated by age and gender.

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 that as part of the “Coffee harvesting without child labour” programme, a number of tripartite cooperation agreements had been signed between the Ministries of Labour, Education and Health, coffee producers and key actors in the agricultural sector. The Committee also noted that as part of the “From work to school” programme, a number of children had been withdrawn from working in mines and breaking stones in the municipalities of Chinandega, El Rama and El Bluff. The programme provided these children with services in the areas of education, health care and recreation.

The Government indicates that as a result of implementing various programmes aimed at protecting the rights of children and young persons in agriculture, the participation of employers, producers and the general public has increased and the model of dialogue and consensus between employers, workers and the Government has improved. While duly noting the general progress indicated by the Government, the Committee encourages the Government to pursue its efforts and requests it to provide information on the results achieved under the various programmes aimed at withdrawing children and young persons from hazardous work in agriculture and on the measures taken to ensure their rehabilitation and social integration.

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