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

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

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. Trafficking and sexual exploitation of children. In its previous comments, the Committee noted that the Ministry of the Family, Young Persons and Children appeared to be responsible only for the care of child victims of trafficking under the age of 13 years. It also noted the adoption of the General Migration and Foreigners Act (No. 761) of 31 March 2011, which provides that the authorities shall provide special protection to child victims of trafficking (section 220). The Committee noted that there was a project to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. Consequently, the Committee recalled that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under 18 years of age.

The Committee notes the Government’s indication in its report that Nicaragua has several private centres for the protection of young persons, which are subsidized and supervised by the Ministry of the Family, Young Persons and Children. These centres cater for young persons and enable them to maintain links with their families, where this does not pose a threat to their safety. The Committee encourages the Government to continue taking effective and time-bound measures to remove all children under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It also requests the Government to indicate the number of children who have been removed from these worst forms of child labour and who have benefited from the services of private centres or from other rehabilitation and social integration measures.

Clause (d). Children at special risk. Street children. The Committee previously noted the large number of children living on the streets. The Committee also noted that the “Love Programme” is the national strategy for assistance to street children, providing education for children and vocational training for parents. In this context, the Ministry of the Family, Young Persons and Children, in coordination with other relevant ministries, had strengthened its efforts and catered for 18,380 street children. A total of 23,555 street children had been placed in the education system.

The Government indicates that it has taken various measures as part of the implementation of the “Love Programme”. Accordingly, inter-institutional alliances have been strengthened to ensure children’s return to school, integration in training courses before entering the world of work and socio-educational and cultural activities. The Government indicates that, as a result of the “Love Programme”, a total of 38,729 children and young persons entered the national education system in 2015–16. Considering the vulnerability of street children, the Committee requests the Government to pursue its efforts and continue providing information on the measures taken and results achieved to protect these children from the worst forms of child labour.

Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a protocol on procedures for the repatriation of children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to providing special protection for child victims of trafficking and facilitating their repatriation.

The Committee notes the Government’s indication concerning the procedure in place for the repatriation of child victims of trafficking. However, the Government indicates that in 2015–16 there were no cases of repatriation. The Committee also notes that Nicaragua forms part of the “Regional Initiative: Latin America and the Caribbean free of child labour”, whose mandate is to reinforce intergovernmental cooperation on combating child labour through preventive action and institutional coordination, both within and between sectors. The Committee requests the Government to supply information on the measures taken to implement the Regional Initiative.