Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Plantations Convention, 1958 (No. 110) - Nicaragua (Ratification: 1981)

Part II of the Convention (Engagement and recruitment and migrant workers). Articles 5–19. In its previous comments, the Committee requested the Government to provide information on the medical provisions for recruited workers, including any prescribed medical examinations and the possibility of repatriation for incapacity or illness. The Committee notes the Government’s indication that Nicaraguan workers who work in plantations in Costa Rica are covered by the Costa Rican Social Security Fund. Similarly, under the provisions of the current agreement between Nicaragua and Costa Rica, they are covered by the benefits arising from the occupational risk policies of the Costa Rican National Insurance Institute, which are concluded for each worker by enterprises at the beginning of each agricultural cycle and are established in the individual contract of employment. Nevertheless, the Committee observes that the Government has not provided information on the circumstances and conditions under which the repatriation of workers is provided for in the event of incapacity or illness. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of Nicaraguan migrant workers working on plantations in Costa Rica who are covered by the Costa Rican Social Security Fund. The Committee also requests the Government to send detailed information on the benefits granted to such workers under the occupational risk policy of the Costa Rican National Insurance Institute. The Committee reiterates its request to the Government to indicate whether the possibility of repatriation is provided for in the event of incapacity or illness of migrant workers and under which conditions. The Committee also requests the Government to provide updated information on the engagement and recruitment of men and women migrant workers on plantations, including both internal and external migrants, and to indicate the number of people involved in this type of work (disaggregated by sex), their conditions of work and the type of plantation on which they are employed.

Part IV (Minimum wage). Articles 24–25. In response to the Committee’s previous comments, the Government indicates that the National Minimum Wage Board (2012–17) approved on a tripartite basis the minimum wage in the agricultural sector, which was raised by 75.9 per cent. Furthermore, the Government indicates that, under the ministerial decisions on the application of the minimum wage, food is added to the amount of the minimum wage established for the agricultural sector. The Government adds that, as a result, the purchasing power of the basic basket increased by 8.3 per cent. The Committee notes that, on 21 February 2017, the National Minimum Wage Commission fixed the new minimum wages applicable in the different sectors of the national economy for the period from 1 September 2017 to 28 February 2018. In this regard, the minimum wage in the agricultural sector was fixed at 3,773.82 Costa Rican colons (CRC), to which the food established for this sector is added. The Committee requests the Government to continue providing detailed and updated information on the effects of the current minimum wage on the purchasing power of workers, in relation to the “basic basket”. The Committee also requests the Government to provide information on the number of labour inspections conducted in the plantations sector and the results obtained with regard to the payment of minimum wages.

Part XI (Labour inspection). Articles 71–84. In response to the Committee’s previous comments, the Government indicates in general that the initiatives implemented with a view to monitoring the work of young persons in plantations during the coffee harvest in Jinotega and Madriz between 2010 and 2011 gave rise to good practices. The Government also reports the implementation at the national level, through the various offices of the Ministry of Labour, of plans and programmes providing assistance to children and young people who are working, including assistance and reporting programmes, awareness-raising and information campaigns and dialogue and consensus strategies. The Committee notes with interest the Government’s indication that 3,032 inspections were carried out in relation to child labour between 2011 and 2017 resulting in protection measures for the labour rights of 7,001 young workers, the detection of 1,557 violations and the identification of 467 cases of child labour. Furthermore, employers and producers signed agreements pledging not to hire children and work permits were issued to underage workers who had reached the minimum age. The Committee requests the Government to continue providing detailed and updated information on the different measures adopted with a view to eliminating child labour on plantations, as well as their impact in practice. The Committee also requests the Government to continue providing statistical information on labour inspections conducted in plantations in relation to child labour, particularly the number of visits, the number and type of violations observed and the penalties imposed.

Part XIII (Medical care). Articles 89–91. In its previous comments, the Committee, while noting that the World Bank had recently approved a new loan to expand sugar cane plantations in the country, requested the Government to provide information on the prevailing occupational health risks faced by plantation workers and any measures taken to prevent such risks. The Committee notes that the Government refers to the development of preventive measures and specialized medical care plans by the Nicaraguan Social Security Institute in relation to the occupational risks that can arise in plantations, especially in sugar cane plantations. In this regard, the Government indicates that, as part of the preventive programme for health promotion and education, 18,074 visits were conducted to work centres, including sugar cane plantations. This programme enabled the early detection and treatment of endemic diseases inherent to sugar cane cultivation, including chronic kidney failure. The Government reports that the number of sugar cane plantation workers covered by insurance increased from 1,362 in December 2006 to 2,625 in May 2018. Furthermore, the format of the obligatory insurance scheme that must be paid by the employers of workers in the plantations has been modified, so that these workers are not registered under a system providing for invalidity, old-age, death and professional risks, but are registered in the comprehensive system, which includes all the branches of the Nicaraguan Social Security Institute services (invalidity, old-age, death and occupational risks as well as sickness and maternity). The Government indicates that the workers covered by the mandatory social security system benefit from a series of measures to prevent occupational risks and illnesses. The Committee requests the Government to continue providing detailed information on the specific measures adopted or envisaged to prevent the occupational risks threatening the health of plantation workers. The Committee also requests the Government to continue sending statistical information, disaggregated by sex, on the number of plantation workers registered with the Nicaraguan Social Security Institute.