Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Nicaragua (Ratification: 1934)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide an overview of matters relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine the application of Conventions Nos 12, 17, 18, 19, 24 and 25 in a single comment.

Article 1 of Conventions Nos 12, 17, 18, 19, 24 and 25. In its previous comments, the Committee emphasized the need to extend the coverage of the social security system and requested the Government to provide information on the progress made in this regard. As the Government’s report does not contain specific information on this subject, the Committee notes the information contained in the Statistical Yearbook 2020, published in February 2021 by the Nicaraguan Social Security Institute (INSS), which shows that the numbers of persons registered with the social security system have fallen constantly since 2016, with a reduction of 27 per cent in the number of insured persons as a proportion of the economically active population and 35 per cent as a proportion of the population that is actually employed. The total number of insured persons fell from 914,196 in 2017 to 714,465 in 2020 (p. 328). The Committee also observes that the proportion of the population covered by sickness insurance has decreased, as has the number of newly insured persons, falling from 124,802 to 59,603 (p. 327). Moreover, according to the continuous household survey, published by the National Development Institute of Nicaragua in April 2021, the informal employment rate was around 45 per cent. The Committee also observes that, according to the ILO Social Protection Platform, in 2021, only 14.5 per cent of the population was effectively covered by at least one social protection benefit.

The Committee expresses concern at the above statistics, which point to a constant reduction in social insurance rates and in the number of persons protected, and an accelerating increase in the informal employment rate. In this regard, the Committee draws the Government’s attention to Article 1 of Conventions Nos 12, 17, 18, 19, 24 and 25, which guarantee the effective coverage and protection of workers and their families in the event of disease and accidents, whether occupational or of any other type. In light of the above, the Committee urges the Government to:

• -provide comprehensive statistical data on the current coverage of the social security system, disaggregated by branch in the various sectors of activity (industry, agriculture, informal economy, etc.) in relation to the total number of workers, in accordance with the questions contained in the report forms for the various Conventions concerned; and
• -indicate the priorities adopted for the progressive extension of the coverage of the social security system and the measures envisaged or adopted, including in export processing zones and the agricultural sector.

Conclusions and recommendations of the Standards Review Mechanism. The Committee recalls the recommendations of the Tripartite Working Group of the Standards Review Mechanism (SRM), on the basis of which the Governing Body decided that Member States for which Conventions Nos 17, 18, 24 and 25 are still in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980 (No. 121), and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee encourages the Government to give effect to the decision adopted by the Governing Body at its 328th Session (October-November 2016) and to consider the ratification of the most up-to-date social security instruments.

The Committee recalls that the Government may avail itself of ILO technical assistance in this respect.

[The Government is asked to reply in full to the present comments in 2025.]

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee recalls that Nicaragua has ratified the Conventions relating to social security protection in the event of occupational accidents and illnesses (Conventions Nos 12, 17 and 18) and protection in the event of illness (Conventions Nos 24 and 25). In view of the fact that, according to the information contained in the Government’s reports, the problems raised by the application of these Conventions are essentially of the same kind, the Committee has seen fit to formulate a general comment concerning all the social security Conventions ratified by Nicaragua. In its previous comments concerning all the abovementioned Conventions, the Committee emphasized the need to extend the coverage provided by the social security system, the total number of persons affiliated to which represented some 18 per cent of the population in 2008. With this in mind, the Government indicates a progressive extension of the coverage provided by the social security system launched in 2007, which forms part of five strategic components of social security policy including, inter alia, stabilization of administrative costs, strengthening of controls connected with the effective collection of contributions, performance of actuarial studies in relation to decision-making and stimulating investment. As a result of these measures, coverage provided by the system increased by 27 per cent between 2007 and 2011.

As regards protection against occupational risks, the statistics provided by the Government in its report on Convention No. 17 show that, between 2007 and 2011, the number of protected employees and apprentices increased by 24.5 per cent and that 98.4 per cent of workers registered with the Nicaraguan Social Security Institute (INSS) are currently covered against occupational risks. In its reports on Convention No. 12, the Government mentions the conclusion of numerous agreements aiming to extend to the agricultural sector – especially agricultural, fish-farming or stock breeding cooperatives – the protection provided by the system against invalidity, old age, death and occupational risks. These agreements aimed to extend to the whole territory the coverage provided by the social security system, by reducing to ten and then to five the minimum number of employees in enterprises for the purpose of affiliation to the system (Agreement Nos 8 and 9) or by extending social insurance to the agricultural sector (Agreement No. 10). These measures resulted in a 122 per cent increase in the number of agricultural workers protected against occupational risks between 2006 and 2011.

As regards sickness insurance coverage, the Government indicates in its report on Convention No. 24 that the INSS has held information days intended for employers and workers concerning the issue of the extension of sickness insurance to all persons covered by the Convention. It also indicates in its report on Convention No. 25 that 56.8 per cent of the 51,451 agricultural workers have sickness and maternity coverage. An agreement was concluded with the Directorate of Cooperation for the Export Processing Zones with a view to promoting affiliation to the social security system for new enterprises. Efforts were made to ensure better coordination between central government and its autonomous entities and thereby achieve a better exchange of information enabling the creation of a register of newly established employers. A plan of action was adopted for 2011, one of the objectives of which is to increase the number of inspections undertaken by the labour inspectorate in order to promote fulfilment by employers of their social security obligations, the Penal Code now explicitly penalizing offences in this area. The Committee requests the Government to provide information on the results of the plan of action and also on progress made with a view to extending coverage of the system to the export processing zones.

The Committee notes that the objective of extending the coverage provided by the social security scheme had been also reflected in the inclusion of this priority under the Decent Work Country Programme (DWCP) for 2008–11. According to the DWCP, only about 26 per cent of the economically active population are covered by the INSS, especially because of the size of the informal sector, the fact that protection focuses on workers in the formal sector and the impossibility for the INSS to provide assistance to those in greatest need in the informal sector. In order to rectify this situation, the DWCP provides for the drawing up of actuarial studies and also of long-term reforms sustained on a tripartite basis and aimed at extending the coverage provided by the social security system while observing the principles of solidarity, equity and universality. The Committee notes that the information supplied by the Government shows a positive dynamic in social security necessary for achieving the level of coverage required by Convention No. 12 (Article 1), Convention No. 17 (Article 2), Convention No. 18 (Article 1), Conventions Nos 24 and 25 (Article 2). Furthermore, the Committee notes that the information, especially statistics, at its disposal show that the Government has a system for evaluating progress made on the basis of detailed data. The Committee requests the Government to supply comprehensive statistics in its next report on the current coverage provided by the system by branch in the various sectors of activity (industry, agriculture, informal economy, etc.) in relation to the total number of workers, in accordance with the questions contained in the report forms for the various Conventions concerned. The Government is also requested to send the results of the actuarial studies provided for by the DWCP, indicating the priorities adopted for the progressive extension of the coverage provided by the social security system and also any actions to this end already undertaken in the context of the DWCP.

The Committee observes that its comments should be able to help countries in the formulation of an exhaustive national strategy for the development of social security. Nicaragua has already established a national policy whose main priorities coincide with the objectives established in the General Survey, aiming in particular at the extension of coverage, the quest for good governance, the collection of contributions, effective inspection and durable planning, by conducting actuarial studies. The Committee observes that the policy implemented by the Government might benefit from the addition of measures ensuring closer coordination of social security with employment policy, especially with a view to extending coverage to the informal sector, and refers the Government to the relevant developments in this area in the General Survey (paragraphs 496–534).

Finally, the Committee considers that the Government’s efforts would be better targeted if its adopted priorities included the objective for the country to match the minimum social security standards established by the up-to-date Conventions in this area and which, to date, have not been ratified by Nicaragua. It recalls that the Government, in its report under article 19 on social security instruments, provided detailed information in the form of a comparative analysis of national law and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The analysis concluded that Nicaragua is in a position to ratify this Convention and to accept Parts III (Sickness benefit), V (Old-age benefit), VI (Employment injury benefit), VIII (Maternity benefit), IX (Invalidity benefit) and X (Survivors’ benefit), with the proviso of having recourse to the possibility allowed by Article 3 of Convention No. 102 to limit, for an initial period, the personal scope of application of the Convention to enterprises that employ more than 20 workers. The Committee considers that the ratification of Convention No. 102 represents a key element for guiding the process of reform by establishing minimum criteria to be achieved on the basis of international standards. The International Labour Conference, at its 100th Session, recalled that Convention No. 102 still serves as a point of reference for the progressive establishment of comprehensive social security coverage and that increasing the number of ratifications remains a key priority. The Committee therefore encourages the Government to pursue the objective of ratification of Convention No. 102 and to consider the possibility of including the ratification of this Convention among the objectives of the next DWCP, which would enable it to mobilize any technical assistance from the Office which it might need. The Committee also hopes that the programme which will cover the next period will maintain and develop the objectives pursued so far, and in so doing will take the present comments into consideration. The Committee requests the Office to ensure the dissemination, through all of its bodies, including regional ones, of the present observation to the various interested parties and to provide them with any technical support needed for this purpose.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee recalls that Nicaragua has ratified the Conventions relating to social security protection in the event of occupational accidents and illnesses (Conventions Nos 12, 17 and 18) and protection in the event of illness (Conventions Nos 24 and 25). In view of the fact that, according to the information contained in the Government’s reports, the problems raised by the application of these Conventions are essentially of the same kind, the Committee has seen fit to formulate a general comment concerning all the social security Conventions ratified by Nicaragua. The Committee has also used the information sent by the Government in its report supplied under article 19 of the ILO Constitution in the preparation of the General Survey on social security instruments, and also the information sent by the Trade Union Unification Confederation (CUS) concerning Conventions Nos 17, 18 and 24. In its previous comments concerning all the abovementioned Conventions, the Committee emphasized the need to extend the coverage provided by the social security system, the total number of persons affiliated to which represented some 18 per cent of the population in 2008. With this in mind, the Government indicates in its reports a progressive extension of the coverage provided by the social security system launched in 2007, which forms part of five strategic components of social security policy including, inter alia, stabilization of administrative costs, strengthening of controls connected with the effective collection of contributions, performance of actuarial studies in relation to decision-making and stimulating investment. As a result of these measures, coverage provided by the system increased by 27 per cent between 2007 and 2011.

As regards protection against occupational risks, the statistics provided by the Government in its report on Convention No. 17 show that, between 2007 and 2011, the number of protected employees and apprentices increased by 24.5 per cent and that 98.4 per cent of workers registered with the Nicaraguan Social Security Institute (INSS) are currently covered against occupational risks. In its reports on Convention No. 12, the Government mentions the conclusion of numerous agreements aiming to extend to the agricultural sector – especially agricultural, fish-farming or stock breeding cooperatives – the protection provided by the system against invalidity, old age, death and occupational risks. These agreements aimed to extend to the whole territory the coverage provided by the social security system, by reducing to ten and then to five the minimum number of employees in enterprises for the purpose of affiliation to the system (Agreement Nos 8 and 9) or by extending social insurance to the agricultural sector (Agreement No. 10). These measures resulted in a 122 per cent increase in the number of agricultural workers protected against occupational risks between 2006 and 2011. Nevertheless, according to the CUS, certain categories of workers, in respect of which Article 2 of Convention No. 17 authorizes States to make exceptions that they deem necessary (casual workers, home workers, non-manual workers whose earnings exceed a certain limit, members of the employer’s family), are rarely affiliated to the scheme providing protection against occupational accidents. Moreover, it happens that workers affected by occupational diseases do not receive the compensation to which they should be entitled. The Committee requests the Government to identify the categories of workers the coverage of whom by the system poses difficulties, and also the measures taken to resolve them.

As regards sickness insurance coverage, the Government indicates in its report on Convention No. 24 that the INSS has held information days intended for employers and workers concerning the issue of the extension of sickness insurance to all persons covered by the Convention. It also indicates in its report on Convention No. 25 that 56.8 per cent of the 51,451 agricultural workers have sickness and maternity coverage. An agreement was concluded with the Directorate of Cooperation for the Export Processing Zones with a view to promoting affiliation to the social security system for new enterprises. Efforts were made to ensure better coordination between central government and its autonomous entities and thereby achieve a better exchange of information enabling the creation of a register of newly established employers. The CUS points out that there are still many cases in which enterprises do not in practice respect the obligation to affiliate their employees to the social security system. In order to redress this situation, a plan of action was adopted for 2011, one of the objectives of which is to increase the number of inspections undertaken by the labour inspectorate in order to promote fulfilment by employers of their social security obligations, the Penal Code now explicitly penalizing offences in this area. The Committee requests the Government to provide information on the results of the plan of action and also on progress made with a view to extending coverage of the system to the export processing zones.

The Committee notes that the objective of extending the coverage provided by the social security scheme is also reflected in the inclusion of this priority under the Decent Work Country Programme (DWCP) for 2008–11. According to the DWCP, only about 26 per cent of the economically active population are covered by the INSS, especially because of the size of the informal sector, the fact that protection focuses on workers in the formal sector and the impossibility for the INSS to provide assistance to those in greatest need in the informal sector. In order to rectify this situation, the DWCP provides for the drawing up of actuarial studies and also of long-term reforms sustained on a tripartite basis and aimed at extending the coverage provided by the social security system while observing the principles of solidarity, equity and universality. The Committee notes that the information supplied by the Government shows a positive dynamic in social security necessary for achieving the level of coverage required by Convention No. 12 (Article 1), Convention No. 17 (Article 2), Convention No. 18 (Article 1), Conventions Nos 24 and 25 (Article 2). Furthermore, the Committee notes that the information, especially statistics, at its disposal show that the Government has a system for evaluating progress made on the basis of detailed data. The Committee requests the Government to supply comprehensive statistics in its next report on the current coverage provided by the system by branch in the various sectors of activity (industry, agriculture, informal economy, etc.) in relation to the total number of workers, in accordance with the questions contained in the report forms for the various Conventions concerned. The Government is also requested to send the results of the actuarial studies provided for by the DWCP, indicating the priorities adopted for the progressive extension of the coverage provided by the social security system and also any actions to this end already undertaken in the context of the DWCP. The Committee notes that, according to the information supplied by the CUS, the Ministry of Labour (MITRAB) does not adequately enforce the national legislation in practice and offending enterprises are not systematically prosecuted or the resulting penalties imposed, especially where they fail to register their employees in the social security system. According to the Committee, this is especially damaging to the sustainable management of social security institutions as the latter are required by national regulations to grant the corresponding benefits despite the non-payment of social contributions by the employers (section 109 of the General Regulations relating to the Social Security Act, read in conjunction with Decree No. 975 of 1 March 1982). In view of the above, the Committee considers it useful to intensify the dialogue with the Government and the social partners in order to enable them to fully exploit the potential of international social security standards as an instrument of social development. These standards provide that States must assume the general responsibility of ensuring the sound management of social security institutions and services with the involvement of representatives of the persons protected.

The Committee encourages the Government to fully involve the social partners in the management of social security institutions (as required, in particular, by Article 6 of Conventions Nos 24 and 25) in order to ensure transparent and durable management and hence extended coverage.

The Committee observes that its comments should be able to help countries in the formulation of an exhaustive national strategy for the development of social security. Nicaragua has already established a national policy whose main priorities coincide with the objectives established in the General Survey, aiming in particular at the extension of coverage, the quest for good governance, the collection of contributions, effective inspection and durable planning, by conducting actuarial studies. The Committee observes that the policy implemented by the Government might benefit from the addition of measures ensuring closer coordination of social security with employment policy, especially with a view to extending coverage to the informal sector, and refers the Government to the relevant developments in this area in the General Survey (paragraphs 496–534).

Finally, the Committee considers that the Government’s efforts would be better targeted if its adopted priorities included the objective for the country to match the minimum social security standards established by the up-to-date Conventions in this area and which, to date, have not been ratified by Nicaragua. It recalls that the Government, in its report under article 19 on social security instruments, provided detailed information in the form of a comparative analysis of national law and the Social Security (Minimum Standards) Convention, 1952 (No. 102). The analysis concluded that Nicaragua is in a position to ratify this Convention and to accept Parts III (Sickness benefit), V (Old-age benefit), VI (Employment injury benefit), VIII (Maternity benefit), IX (Invalidity benefit) and X (Survivors’ benefit), with the proviso of having recourse to the possibility allowed by Article 3 of Convention No. 102 to limit, for an initial period, the personal scope of application of the Convention to enterprises that employ more than 20 workers. The Committee considers that the ratification of Convention No. 102 represents a key element for guiding the process of reform by establishing minimum criteria to be achieved on the basis of international standards. The International Labour Conference, at its 100th Session, recalled that Convention No. 102 still serves as a point of reference for the progressive establishment of comprehensive social security coverage and that increasing the number of ratifications remains a key priority. The Committee therefore encourages the Government to pursue the objective of ratification of Convention No. 102 and to consider the possibility of including the ratification of this Convention among the objectives of the next DWCP, which would enable it to mobilize any technical assistance from the Office which it might need. The Committee also hopes that the programme which will cover the next period will maintain and develop the objectives pursued so far, and in so doing will take the present comments into consideration. The Committee requests the Office to ensure the dissemination, through all of its bodies, including regional ones, of the present observation to the various interested parties and to provide them with any technical support needed for this purpose.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

In its previous comments, the Committee asked the Government to provide information on the extension of the coverage of the social security system to rural areas, an appreciable reduction having been observed in the number of people affiliated and protected, particularly in the agricultural sector, where the quality of medical services had deteriorated seriously.

In its last report, the Government states that there was a 48 per cent increase in 2005 over 1998 in the number of persons insured against occupational risks. In the agricultural sector more specifically, the number of persons affiliated rose by 23 per cent in the abovementioned period: from 16,211 in 1998 to 19,874 in 2005. The Government again refers to agreements concluded with private and public health-care providers for the supply of health services, and states that a network of providers has been set up specifically to enable the inhabitants of border areas to have access to the best possible health services. However, in some parts of the country there are still technical problems which are an obstacle to the improvement of medical services, but the Nicaraguan Social Security Institute (INSS) is still implementing measures for the improvement of occupational-risk-related medical care in these areas.

The Committee notes this information and would be grateful if the Government would continue to report on the measures implemented – and the results obtained – gradually to extend INSS coverage for occupational risks to all agricultural workers in the country. It would ask the Government in particular to indicate in its next report the percentage of agricultural employees covered for occupational accidents in relation to the total number of agricultural employees.

The Committee further notes that, according to the Government, section 126 (formerly section 103) of the Labour Code of 1996, allowing the courts or the departmental labour inspector to reduce the amount of compensation payable for occupational accidents, applies to all small enterprises and to domestic service. Nevertheless, this provision of the Labour Code applies only where the workers concerned are not covered by the social security system and the employer’s insolvency is duly established before the courts. The Government adds that the extension of the coverage of the social security system to domestic service forms part of a social security promotion programme currently under way. On this subject, the Committee refers the Government to its comments under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. With reference to the Committee's earlier comments on the extension of the coverage of the social security system to rural areas, the Government indicates in its report communicated in 1998 that, between 1989 and 1993, the Nicaraguan Institute of Social Security (INSS) observed an appreciable reduction in the number of people affiliated and protected, especially in the agricultural sector where the quality of medical services provided by the Ministry of Health has deteriorated seriously. In 1994, the INSS set up a new social welfare model (for health and occupational risks) and concluded agreements with private and public health care providers to supply health services. Other measures have been carried out, such as the progressive establishment of the new social welfare model in the most isolated areas; the improvement of services provided for injured beneficiaries; the massive dissemination of the information on the rights of insured persons, as well as the establishment of a plan for controlling enterprises and encouraging workers' affiliation.

The Committee notes this information and observes that the various actions undertaken have led to an increase in the insured population in the agricultural sector from 10,395 to 17,960 between 1993 and 1997. In these circumstances, the Committee hopes that the Government will continue to communicate statistical information on the number of agricultural wage earners insured against employment injury as compared with the total number of agricultural wage earners. It also hopes to receive the information on the measures taken with a view to pursuing the extension of INSS cover to rural areas so that all agricultural wage earners benefit in practice from the protection provided by the INSS in the event of employment injuries.

2. The Committee recalls that section 103 of the Labour Code allows judges to reduce the compensation due to the victims of occupational accidents employed in small agricultural enterprises. It therefore requests the Government, once again, to indicate the measures taken with a view to repealing this article so that there is no ambiguity in the legislation and that all agricultural wage earners enjoy the same benefits as those granted to other wage-earners, in accordance with the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous comments the Committee has requested the Government to provide information on the extension to all agricultural wage-earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention. In its reply the Government states that at present the social security scheme is applied to all workers employed in the rural areas irrespective of their professional activity. The Committee notes this information. It also notes, according to the Quarterly Statistical Report of the Nicaraguan Institute of Social Security and Welfare (INSSBI) for the second quarter of 1993, supplied by the Government with its report on Convention No. 17, that in practice social security coverage has shown a clear downward trend and that the social security system counted only 10,679 contributors in the rural areas of the country. In this situation the Committee would like the Government to indicate measures taken to extend progressively the coverage of the social security to rural areas, so that all agricultural wage-earners benefit in practice from the protection provided by the social security scheme in case of employment injuries. 2. The Committee notes the Government's statement concerning social security benefits provided for workers in rural areas. It therefore once again hopes that the Government will have no difficulty in repealing section 103 of the Labour Code (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises) in order to grant all agricultural wage-earners the same benefits as those granted to other wage-earners, in accordance with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. In its previous comments the Committee has requested the Government to provide information on the extension to all agricultural wage-earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention. In its reply the Government states that at present the social security scheme is applied to all workers employed in the rural areas irrespective of their professional activity. The Committee notes this information. It also notes, according to the Quarterly Statistical Report of the Nicaraguan Institute of Social Security and Welfare (INSSBI) for the second quarter of 1993, supplied by the Government with its report on Convention No. 17, that in practice social security coverage has shown a clear downward trend and that the social security system counted only 10,679 contributors in the rural areas of the country. In this situation the Committee would like the Government to indicate measures taken to extend progressively the coverage of the social security to rural areas, so that all agricultural wage-earners benefit in practice from the protection provided by the social security scheme in case of employment injuries.

2. The Committee notes the Government's statement concerning social security benefits provided for workers in rural areas. It therefore once again hopes that the Government will have no difficulty in repealing section 103 of the Labour Code (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises) in order to grant all agricultural wage-earners the same benefits as those granted to other wage-earners, in accordance with the Convention.

[The Government is asked to report in detail in 1997.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee takes note of the information supplied by the Government in its reports, to the effect that the Committee's comments will be taken into account in the drafting of the new Labour Code, for which the advice of the ILO was sought. The Committee hopes that the above Code will be adopted shortly and will give effect to the provisions of this Convention, in particular by repealing section 103 of the Labour Code now in force (which allows judges to reduce the compensation due to workers sustaining occupational injury in small agricultural enterprises).

2. The Committee would be grateful if the Government would continue to provide information on the extension to all agricultural workers the benefits provided for in social security laws and regulations which are designed to compensate workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article 1 of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

l.The Committee would be grateful if the Government would continue to provide information on the extension to all agricultural wage earners of the benefit of the social security laws and regulations which provide for the compensation of workers for personal injury by accident arising out of or in the course of their employment, in accordance with Article l of the Convention. 2.The Committee notes that no decision has yet been taken regarding the draft text prepared in 1981 with the assistance of the Office to repeal section l03 of the Labour Code (under which the judge may reduce the compensation due to injured workmen employed in small agricultural undertakings). The Committee hopes that it will be possible to repeal this provision of the Labour Code in the near future in order to grant agricultural wage earners the same benefits as those granted to other wage earners, in accordance with the Convention.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.