Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Nicaragua (Ratification: 1981)

Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Written information provided by the Government

The Government of Reconciliation and National Unity considers it appropriate to provide information to ILO member States concerning the application of and compliance with the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), the ratification of which was published in Official Gazette No. 111 of Saturday, 23 May 1981.

Through the National Human Development Programme covering the 2014–18 period, the Government of Nicaragua has implemented public policies through socio-economic projects whose advances reflect the spirit of Convention No. 117. For this reason, we do not agree with the reasons for our presence before the honourable Committee on the Application of Standards.

Nicaragua continues to work and to fulfil the commitment to make progress in the reduction of poverty and the elimination of extreme poverty by:

- Developing programmes and projects that ensure access to information and technical and vocational guidance for women, for people in rural areas and for persons working on their own account.

- Implementing the labour policy for the restoration and protection of men and women workers’ labour rights by continuing to strengthen tripartism, trade union freedoms, dialogue, partnership and consensus between the Government, workers and employers.

- Continuing to ensure labour stability in the different economic sectors of the country.

- Establishing a model of family and community health that guarantees free universal health coverage with quality and warmth.

- Continuing to ensure free education at all levels with fairness, quality and development of values in accordance with the implementation of the Education Plan 2017–21.

- Ensuring the social security of affiliated workers through the Nicaraguan Social Security Institute, providing financial benefits in relation to invalidity, old age, death and occupational risks, and providing health services.

- Continuing to make progress in reinforcing public safety at the national, regional and international levels, taking account of the fact that Nicaragua is recognized as the safest country in the Central American region and a benchmark in terms of security in Latin America, being its third least violent country. It has a sovereign and public security strategy and a national policy interlinked with the social fabric as regards solving problems of community safety.

- Providing access to electrical power for the most vulnerable sections of the population in rural and urban areas of the country.

- Moving ahead with the development of infrastructure for land and sea links (bridges, roads and ports).

- The Government has ensured the fair and universal provision of drinking water and sanitation services in urban and rural areas of the country.

- The Government of Nicaragua, through the Department for Migration and Foreign Nationals at the Ministry of the Interior, has compiled statistical data disaggregated by sex and age on the number of Nicaraguan workers who have gone abroad for work purposes and the number of workers of other nationalities who have entered Nicaragua to work. Between 2014 and 2018, a total of 794,160 workers (247,694 women and 546,466 men) left the country to work abroad.

- The Ministry of the Economy for Families, Communities, Cooperatives and Associations (MEFCCA), as the state entity responsible for keeping the National Registry of Cooperatives, has registered 524 cooperatives that provide financial intermediation (credit and/or savings) services for their associates, which comprise a total of 123,862 members, including 52,588 women.

These organizations have the autonomy to design their own lending policies and the services that they provide to their associates, which, in turn, adopt intermediation regulations through their cooperative governance and management structures.

Work on women’s integration continues through gender mainstreaming in public policies, plans, programmes and projects that guarantee the restitution of rights and the full and active participation of women in decision-making forums.

Nicaragua has risen four places to occupy sixth position in the global gender equality index, while being ranked highest for gender equality in the Americas. It is also the country with the fifth highest rate of women’s participation in parliament and the highest number of women in public office.

Discussion by the Committee

Government representative – Nicaragua is a land of love, common well-being and fraternity, blessed by God with the re-establishment of peace and harmony between families. The State of Nicaragua, present at this Conference, is making use of this forum to provide information on the progress and achievements that the Government has attained through social programmes and projects for the welfare and development of the population, despite the attempted coup d’état provoked by minority groups opposed to the development of the country.

The public policies implemented are having a positive impact on the reduction of poverty in general and the eradication of extreme poverty, as acknowledged by international organizations such as the United Nations Food and Agriculture Organization (FAO), the World Food Programme (WFP), the International Monetary Fund (IMF) and the World Bank, among others.

In 2018, several economic sectors contracted by 3.8 per cent as a result of the coup against the economy, peace and labour. Nevertheless, the country’s economic development has not been halted. During the period 2014–18, with the development of programmes and projects, access was guaranteed to information and vocational guidance for groups of women, rural workers and own-account workers, through the provision of:

- technical assistance and support for 205,979 men and women producers through the special support plan for small-scale producers;

- the provision of capital to 30,655 mixed-race, indigenous and Afro-descendent families on the Nicaraguan Caribbean coast, through the “Support project to increase productivity, food and nutritional security on the Nicaraguan Caribbean coast”;

- 14,273 families producing coffee and cacao received training and technical support through the “Support project for adaptation to change in markets and the effects of climate change”;

- capital was provided to 920 families through the “Programme for the adaptation of agriculture to climate change”;

- capital was provided to 545 producers of animal fodder and business plans developed, and 5,650 men and women small-scale producers were provided with training for added value in milk production;

- 106,641 producers were provided with training and technical support to develop the capacity for the production and marketing of basic grain crops.

In accordance with the labour policy for the restitution and supervision of the labour rights of women and men workers, progress has been made in strengthening tripartism, trade union freedoms, dialogue, collaboration and consensus, of which the most noteworthy results during the period 2007–18 were:

- the minimum wages of 380,000 women and men workers in the various economic sectors have been adjusted continuously twice a year through tripartite negotiation, with a percentage increase of 276 per cent;

- 1,489 new trade unions registered and 13,621 trade union boards renewed;

- 773 new collective agreements negotiated and concluded in the public and private sectors with clauses in favour of women;

- supervision of the labour rights and occupational safety and health of 3,342,700 men and women workers through inspection processes;

- 14,101 special child labour inspections, through which 2,373 boys and girls under 14 years of age were removed from work and the labour rights were supervised of 24,646 young men and women workers;

- advice provided to 1,082,540 persons on their labour duties and rights;

- the translation and publication of the Labour Code in Misquita;

- ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Domestic Workers Convention, 2011 (No. 189), and the Maritime Labour Convention, 2006 (MLC, 2006).

The State of Nicaragua implements a family and community health model which guarantees universal free health coverage, including:

- the establishment of 178 new maternity clinics;

- 1,520 health-care establishments, including 41 specialist hospitals;

- 66 mobile clinics providing care for 2,820,982 persons;

- 83 houses built for persons with special needs, i.e. chronic illnesses;

- the number of specialist doctors was increased from 5,566 to 6,318 and the number of health workers from 31,124 to 35,841;

- the maternal mortality rate fell from 37 to 34 per 100,000 live births;

- through the “Programme of love for the very young”, support was provided for 680,741 families with children under 6 years of age, promoting an upbringing based on values for living well, and building a society free of violence;

- 138,540 persons with disabilities were provided with assistance through the “Programme for a voice for all”, with the delivery of 53,202 auxiliary measures;

- 48,525 cards have been certified and provided to persons with disabilities to ensure their medical care;

- the number of hemodialysis machines was increased from 155 to 406;

- 2,860 persons with HIV and AIDS received anti-retroviral therapy;

- 2,632 persons were diagnosed with and treated for tuberculosis;

- 752,052 men and women workers registered with the social security system;

- 34,371 employers registered with the social security system.

The human right of free and equitable, high-quality and welcoming education is continuing to be ensured. The Education Plan 2018–21 was developed with the strategic objectives of continuing the improvement in the quality of education and comprehensive training, increasing educational coverage with emphasis on indigenous and Afro-descendent communities.

Between 2014 and 2018, the following were provided: 2,772,631 packets of school materials; 1,995,806 pairs of school shoes; 20,000 bicycles; 11,541,635 schoolbooks; 5,370,168 students are constantly provided with school food; 1,748 schools were improved and work was undertaken on 2,132 classrooms and auxiliary rooms; 116,607 new desks provided; 765 schools provided with information and communication technology; 169 mobile digital classrooms, and access to Internet in 429 schools; training on educational technology provided to 293,454 persons; 37,008 men and women education workers provided with training, thereby reducing the percentage of untrained teaching staff in primary and secondary education; 77,161 boys and girls were included in communicative English courses from the first grade of primary school. The plan of education subjects included “Growing up with values” and “Learning, engaging in entrepreneurship and prospering”. The system for school registration was placed online and the school bulletin established. Advisory services are provided for educational communities based on 160,000 volunteers with the participation of 460,828 mothers and fathers; 522 remote secondary centres are functional in rural areas; and 32,078 initial, special, primary and secondary teachers provided with training in strategic methodologies.

For boys, girls and young persons, the “State Policy for the strengthening of the Nicaraguan family and the prevention of violence” was approved and implemented, with the development of strategies to promote care and support for the growth of boys and girls from pregnancy, such as: the welfare programme for children in extreme poverty; the social welfare project; the programme to support the implementation of the national policy for infants; and 270 active child development centres for girls and boys. The early warning system for the prevention of violence in colleges was implemented; 2,913 public employees in the national social welfare system were trained in subjects related to special protection and prevention; 1,169,979 loving care booklets provided for the very young for the care and support of children from pregnancy until 6 years of age; 160,978 house-to-house visits to promote new styles of bringing up children, such as parental competence and the development of skills in families. A total of 75 courts specialized in the family, violence and juveniles were created.

With regard to the elderly, Act No. 900 on the reduced old-age pension for insured persons was adopted. The right to health care was restored for 100,224 elderly pensioners, and 97,070 cases of ophthalmological surgery were carried out on elderly persons.

With reference to women, priority was given to gender-based inclusion in public policies, plans, programmes and projects to ensure the restoration of their rights and the full and active participation of women in decision-making bodies.

Nicaragua rose four places to reach the sixth position in the equality index at the global level, meaning that it is the country with the greatest gender equity in the Americas. It is also in fifth position for the participation of women in Parliament and in first place for the number of women holding public office, with the following figures: 59.7 per cent in the judicial authorities; 56 per cent in the executive authorities; 45.7 per cent in Parliament; 44 per cent of women mayors, 55.5 per cent of women deputy mayors and 50 per cent of women councillors.

Act No. 779 and its amendments were adopted as the Comprehensive Act to combat violence against women with 78,295 women being strengthened as community leaders through productive economic initiatives.

The Government ensured the universal and equitable provision of drinking water and sanitation, with the following results: in urban areas, 575,541 persons benefited from 104,627 connections to drinking water, 460,065 persons benefited from 85,840 connections to sewers; and in rural areas, 53 wells were built, 93,106 persons benefited from 10,159 new connections and 2010 rehabilitated connections to drinking water, while 73,223 persons benefited from 10,001 sanitation units and 1,308 new sanitary connections.

Access to electricity was provided for the most vulnerable categories of the population in rural areas. The rate of coverage of electricity rose from 80.4 per cent in 2014 to 95.31 per cent in October 2018, and we have now made further progress through the implementation of 4,338 projects with 559,820 houses connected to the electricity system, benefiting 2.9 million inhabitants. Some 60 per cent of the electricity consumed is generated from renewable sources. In relation to infrastructure, six important commercial maritime ports were constructed. Roads were built connecting two departments and two regions on the Caribbean coast, benefiting 3.5 million inhabitants. A total of 71 bridges were built. Studies and designs were completed for the port of Bluefields, on the south Caribbean Coast, which will have an impact on all sectors of the national economy. Studies and designs were completed for the road from Sasha to Puerto Cabeza, including the bridge over the river Wawa. Work was carried out to increase the capacity of access roads to the city of Managua. The right to housing was restored to Nicaraguan families, and particularly the poorest, under the shared responsibility model, with the construction of 57,859 new and improved houses, benefiting 236,165 persons, while 138,737 property titles were delivered to the benefit of 542,333 persons.

The Political Constitution of Nicaragua recognizes the existence of the collective right to their lands of indigenous peoples in the autonomous regions of the North and South Caribbean coast and 29 community titles were delivered, benefiting 92 indigenous communities, and 81 cays in 23 territories, benefiting 17,257 families.

In conclusion, the Government observes with great concern the criteria adopted for this urgent appeal to appear before this honourable Committee in a context in which social programmes and projects have been adopted in compliance with the spirit of the Convention, which refers to social policy, as a clear result of the good management of the Government of Reconciliation and National Unity. Those policies logically ensure the welfare of Nicaraguan families, in the context of our commitment which we have been developing and will continue to implement, ensure and develop with working people, women and men workers, and the families of Nicaragua.

I wish to convey a warm invitation from the Government of Reconciliation and National Unity to the ILO, as we did on previous occasions, including when we held a meeting with them in my country, to visit us again, whenever they consider it appropriate, and to verify at first hand the content of this report relating to progress and the social policies that the Government of Nicaragua has been developing as one of its principal objectives to ensure the common good of the Nicaraguan family and to continue reducing poverty in general. Logically, this is in compliance with the common objective, which is to eradicate the scourge of poverty in general.

Worker members – This is the first time that the application of the Convention by Nicaragua has been discussed in this Committee. The case has been double footnoted by the Committee of Experts, which observed with deep concern that the political and social crisis that broke out in April 2018 has had a serious impact on the living conditions of the population as well as their enjoyment of human rights.

The protests resulted in a high number of victims. It is estimated that, up to February 2019, a total of 325 people lost their lives during the protests and 2,000 were injured.

In addition to these personal injuries, the crisis has had obvious consequences in a country that we know to be characterized by a high rate of poverty and significant levels of migration.

According to the World Bank, Nicaragua is the fourth poorest country in the Americas. Before the protests began, 36 per cent of the total population of 6.3 million people lived on less than US$5.50 a day. The situation of many Nicaraguans has significantly deteriorated, as 215,000 persons lost their jobs and 131,000 have fallen below the poverty line since 28 June 2018.

We would like to point out that, by ratifying the Convention, the Government of Nicaragua undertook to improve the standards of living of the population and foster social progress through economic development. In that regard, we note that Nicaragua has registered significant rates of GDP growth in recent years through the implementation of human development programmes aimed at improving employment and reducing inequality and poverty.

Based on the National Human Development Plan 2012–16, the Government of Nicaragua adopted the basic components of the National Human Development Programme 2018–21 in December 2017. More recently, in February 2018, the Country Partnership Framework for Nicaragua was adopted with the World Bank for 2018–22. One of the main goals of the Framework is to invest in people, particularly for vulnerable groups, and to encourage private investment for employment creation.

Nevertheless, we also note that, in the last few years, economic growth slowed by 4.7 per cent in 2016 and 4.5 per cent in 2017 and that the forecast is for it to contract by an additional 3.8 per cent in 2018.

In a country where the formal sector represents scarcely 20 per cent of the economy and the average legal minimum wage barely covers 35 per cent of the basic food basket for a worker and his or her family, this economic slowdown will have serious repercussions on the living conditions of Nicaraguans and the State’s capacity to guarantee the well-being of the population through targeted and duly funded national policies.

In addition, some international observers have estimated the economic impact of this crisis in Nicaragua to be US$1,200 million in a country with a GDP of around US$14,000 million. Numerous sectors have been disproportionately affected, especially agriculture and tourism, the main economic sectors of the country. Investments in the country have been paralysed since April 2018. This could have a considerable impact on food security, as thousands of hectares of productive land have been occupied and destroyed, and more Nicaraguan workers could be under pressure to emigrate to neighbouring countries in search of work.

We refer to the concern expressed in October 2016 by the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) with respect to the significant number of border and seasonal workers who head, in particular, to Costa Rica and, increasingly, to Honduras, El Salvador and Panama. The CMW also observed that this migration is largely driven by poverty, inequality and social exclusion, which could place Nicaraguan migrant workers and members of their families in precarious or insecure situations.

For these reasons, appropriate national measures, and we have heard about some, must be taken to ensure that labour migration is really a choice and that Nicaraguans are not obliged to look for work in neighbouring countries for economic reasons because of the lack of sustainable opportunities in Nicaragua.

The Workers therefore call on the Government of Nicaragua to adopt and implement measures, in consultation with the social partners, to promote the economic development of the country so that all Nicaraguans are able to support themselves and their families and improve their standards of living. Measures should also be adopted to guarantee that the working conditions of migrant workers take into account their family needs, as provided for in Article 6 of the Convention.

Moreover, and without prejudice to the efforts made by the Government to encourage voluntary forms of savings, through the 277 registered savings and credit cooperatives in which around 107,615 salaried employees and independent producers are participating, we note with concern the lack of measures to support access to loans from financial institutions and to promote better knowledge of financing, particularly among women.

For this reason, we call on the Government to take measures to encourage voluntary forms of savings and facilities for seeking loans to protect wage earners and independent producers against usury, in particular by action aiming at reducing the rates of interest on loans, and to promote better knowledge of financing, particularly among women, as provided for in Article 13 of the Convention.

We wish to emphasize the importance of providing health services to all those injured during the protests and demonstrations that took place. The Government must initiate investigations into all allegations regarding the withholding of medical attention and ensure that health professionals suffer no ill consequences for having carried out their professional duties.

Finally, noting that the Government of Nicaragua still faces enormous challenges in improving the living conditions of the population and guaranteeing access to quality basic services for all, we note the recent adoption by the National Assembly of a law that cuts public expenditure by almost US$185 million, which represents approximately 7 per cent of the annual budget. This cut can and will affect Government plans in the health, housing, justice and education sectors, including in infrastructure and public works, and we warn that it could jeopardize the enjoyment of the right to work, health, education and food of the majority of the population.

The Workers urge the Government of Nicaragua to continue adopting policies and programmes for economic and social development in consultation with the social partners and giving priority to the urgent need to improve the standards of living of the population.

In these processes, any budgetary cuts must be carefully reassessed, taking duly into account their impact on the State’s ability to comply with its obligations with regard to the well-being and development of the population, as set out in Article 1 of the Convention.

Employer members – The Employers’ group wishes to thank the Government representative and the Workers for their comments and the information that has been shared. The Government of Nicaragua ratified the Convention in 1981. The Convention contains provisions which focus on the objective of improving standards of living, the conditions of work of migrant workers, remuneration, non-discrimination and vocational training. The Convention has 33 ratifications and is covered by the initial part of the programme of the Standards Review Mechanism. Its predecessor, the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82), only received four ratifications.

Nicaragua was a Member of the ILO from 1919 to 1938 and from 1957 up to now. It has ratified 62 Conventions, including the eight fundamental Conventions of the ILO. For Nicaragua, this is not a new issue, and this Convention has already been the subject of comments to the Government by the Committee of Experts. In its 2013 comments, the Committee of Experts sent a direct request seeking information on the results achieved by the National Human Development Plan and other initiatives adopted with a view to improving the standards of living of the population.

On this occasion, the report of the Committee of Experts identifies serious violations of human rights in the context of the social protests that began on 18 April 2018, which is of particular concern to the Employers’ group. In addition to the loss of human life and the violation of the most basic rights, the aggravation of the situation of impoverishment faced by Nicaragua has its roots in this situation.

The present case is being discussed as a double-footnoted case, for which the Committee of Experts has requested the Government to supply full particulars to this Conference and to reply in full to the comments made.

Turning to the substance, with reference to the first issue that arises, that is the improvement of standards of living, the report of the Committee of Experts draws attention to the impact of the social and political crisis experienced by Nicaragua, which has had a serious impact on the living conditions of the population. In its previous comments, the Committee of Experts requested the Government to provide information on the results achieved by the Plan referred to above and other initiatives adopted with a view to ensuring the improvement of the standards of living of the population.

In this respect, the report reviews the information provided by the Government concerning the Country Partnership Framework for Nicaragua for 2018–22 with the World Bank to reduce poverty and promote prosperity for more Nicaraguans. The Framework is focused on investing in human resources, particularly for groups in a vulnerable situation, such as women, young people, small-scale producers who practise subsistence agriculture and indigenous communities and communities of African descent in rural areas.

While the Employers’ group notes this Framework, which recognizes that 80 per cent of the population is vulnerable or poor, as well as the challenge of the rising demand for employment, it regrets that the Government has failed to provide the results of the National Human Development Plan, as requested by the Committee of Experts.

In contrast, alarming information is contained in the report of the United Nations Office of the High Commissioner for Human Rights (OHCHR), entitled Human rights violations and abuses in the context of protests in Nicaragua, 18 April–18 August 2018, which describes the serious human rights crisis in Nicaragua since the beginning of the social protests on 18 April 2018, which has been characterized by multiple forms of repression and other types of violence, resulting in thousands of victims, including around 300 deaths and 2,000 persons injured.

In this regard, the Employers’ group urges the Government to take immediate action to ensure full respect for human rights and a conducive environment for employment generation.

As indicated by the OHCHR, the repression and violence are the result of the systematic erosion of human rights over the years and reveal the general fragility of institutions and the rule of law. It adds that the current crisis has deepened the polarization of Nicaraguan society. The Committee of Experts notes the view expressed by the Nicaraguan Foundation for Economic and Social Development (FUNIDES) that the situation that prevails in the country has resulted in the loss of 215,000 jobs since the beginning of the crisis, leaving 131,000 persons below the poverty line. It also reports the wave of illegal occupations of private land by pro-Government groups which, according to the estimates of the Union of Nicaraguan Agricultural Producers (UPANIC), as of 10 April 2019, resulted in the occupation of 3,291 hectares, without the Government giving any indication of safeguarding the rights of the owners. This is giving rise to a serious lack of legal certainty, without which it is not possible to implement any social policy.

The report also draws attention to other serious violations of human rights, including unlawful and unconstitutional acts of intimidation, threats, repression, de facto confiscations and unjustified delays in the clearance of imported goods, which have been denounced by the Higher Council of Private Enterprises (COSEP), the most representative employers’ organization in the country.

In this regard, the Employers’ group urges the Government to take measures to ensure the improvement of the standards of living of Nicaraguan nationals through the generation of decent and productive employment while also guaranteeing a conducive environment for enterprise sustainability. Another important aspect of the report of the Committee of Experts is related to the exercise of the right to health, which has apparently been seriously affected.

The Employers’ group notes with concern the denunciation by the Nicaragua Medical Association concerning the manipulation of the public health system to refuse health care to persons injured during the protests, and the closure of hospitals by the authorities. We also note with concern the dismissal of medical personnel for treating those injured during the protests.

Turning to economic issues, the Committee of Experts notes that, according to official information from the Central Bank of Nicaragua, economic growth slowed down by 4.6 per cent in 2016 and 4.7 per cent in 2017, and contracted by 3.8 per cent in 2018.

The Employers’ group endorses the request made by the Committee of Experts for the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the National Human Development Plan, the Country Partnership Framework for Nicaragua and on all other measures intended to ensure the improvement of the standards of living of the Nicaraguan population. It also requests the Government to explain the extent to which the National Human Development Plan and the Country Partnership Framework are contributing to the creation of a conducive environment for sustainable enterprises.

With regard to the second issue, that is the situation of migrant workers, the report notes the information provided by the Government concerning the situation of migrant workers. In this regard, the Employers’ group notes the information provided by the Government concerning the agreement concluded with Costa Rica, which has permitted the regulated and orderly migration to that country of 28,452 Nicaraguan workers. Nevertheless, we express concern with regard to the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families of 11 October 2016, which indicates that migration from Nicaragua is largely driven by poverty, inequality and social exclusion, resulting in Nicaraguan migrant workers and their family members being in a precarious and insecure situation.

The report on the situation by FUNIDES, referred to above, indicates that, since the beginning of the crisis, over 60,000 Nicaraguans have emigrated from the country. According to the data of th FUNIDES, around 52,000 Nicaraguans entered Costa Rica and established themselves there between January and September 2018. Moreover, it is estimated that around 5,000 Nicaraguans established themselves in the United States between March and July 2018. Other destinations chosen by Nicaraguan migrants include Panama and Spain, although information is not available on the numbers of persons who have migrated to these countries in recent months.

In light of the above, the Employers’ group urges the Government of Nicaragua to take measures to guarantee the protection of migrant workers and their families, taking advantage of the technical assistance that can be provided by the Office.

In brief, for the proper application of the Convention, and so that the policies adopted are sustainable in the long term, as a minimum, good faith has to be shown by the Government in their design, consultation and implementation. The serious acts of violence referred to above give us grounds for questioning whether this is the attitude of the Government of Nicaragua, that is whether it is in compliance with these requirements.

Other facts also give rise to doubts, such as the appointment for this Conference as representatives of employers of persons who are not members of the most representative employers’ organization in Nicaragua, COSEP, which is a member of the International Organisation of Employers (IOE). This issue is being examined by the Credentials Committee.

Similarly, the adoption of the Amnesty Act guaranteeing the impunity of those who have committed serious violations of fundamental human rights, and primarily of life, as indicated by the Committee of Experts, casts further doubt on the intentions of the Government in this respect.

Worker member, Nicaragua – I am addressing the members of this Committee surprised by the fact that our country appears on the list of double-footnoted cases on the basis of events that are far removed from the provisions of the Convention in question, ratified by the Nicaraguan State in 1981. The case refers to events that took place in 2018, treating the statements of third parties as absolute truth.

In reality, the Nicaraguan Government and people suffered and endured an attempted coup d’état to depose a Government legitimately elected in elections that were in compliance with our legislation and the will of our people.

The violence, which was fostered and supported by external forces and encouraged by the political right, business leaders and sectors of the Episcopal Conference of the Catholic Church, led to destruction, kidnappings and the death of 198 Nicaraguans. This attempted coup d’état was halted by the decisive determination of the Government, with the support of the population, to maintain peace and avoid conflict between brothers, as was the wish of the coup perpetrators and their protectors.

The sustained growth of the Nicaraguan economy, which has been recognized by specialist economic bodies, was significantly affected. Almost US$1.2 billion were lost during the three months of chaos and destruction resulting from the coup. The destruction, looting and burning of public and private buildings, installations and equipment resulted in substantial material losses and delays in construction projects and public investment.

The use of social networks, fake news, media linked to the interests of the Creole Right and international media at the service of fascists and imperial interests, were some of the tools used to peddle a chaotic image of our country and create the conception of a dictatorship and human rights violations in order to justify intervention through international bodies and institutions. Some governments took to judging our country without having the moral authority to do so.

In the report, reference is made to the organizations that fostered and carried out the attempted coup d’état. The leading business organization, COSEP, which is mentioned in the report, using blackmail and industrial pressure forced their men and women workers to participate in action instigated by the coup organizers and, subsequently, as they were hit by the economic crisis resulting from their political action, dismissed more than 125,000 men and women workers from their businesses, while in the public sector jobs were not lost and there were no delays or reductions in wages.

The other organization mentioned in the report, FUNIDES, is a non-governmental organization funded with resources sent from foreign agencies. It is made up of ex-officials from the neoliberal governments and linked to anti-Sandinista officials in other countries.

Regrettably, the report does not mention the economic blockade and suffocation measures imposed by external powers. These measures directly impact and limit social programmes and public investment and are a new way of intervening in the internal affairs of our country, since in the past troops were sent to violate our sovereignty and were defeated by patriots, such as General Sandino.

We regret that bodies claiming to uphold human rights have been biased in their action and have not reported or condemned the destructive actions of vandals and hooligans. On the contrary, they defend and protect the perpetrators of destruction and murderers, and they can read their own notes to verify this. They have distorted their role in relation to the situation in our country and dance to the tune of the empire, closing their eyes to the violence against men and women workers and social movements encouraged by Governments. They say that the marches were peaceful, but, for those of us who lived through this bitter time, it was not so. The so-called “roadblocks of death”, supported by some bishops in the Catholic Church, business leaders and even bodies that claim to defend human rights, were centres for torture, rape, murder and the burning of human bodies. How can the actions of those who use violence to attain what the people have denied them be considered peaceful?

Just to give an idea of what we endured during those three months of terror and coup debauchery, I would like to inform you of the murder by the coup perpetrators of the leaders of the National Workers’ Front (FNT): Wilder Reyes Hernández, Marvin Meléndez, Carolina Collado, Jorge Gastón Vargas, Marlon Medina Toval, Yader Castillo and Bismark Martínez. Bismark Martínez was kidnapped, viciously tortured and disappeared until three weeks ago. It has been confirmed that a body found in a ditch near a roadblock in the city of Jinotepe belonged to our leader. Those close to him and his work colleagues found no mention of these events in the complaint lodged with the Human Rights Council.

The buildings of the state radio station Radio Nicaragua and Nueva Radio Ya were burned down. Twenty-one workers were inside the latter and the perpetrators of the coup tried to prevent them from leaving the building while it burned. Amnesty International did not denounce these acts of vandalism, arguing that its role is only to monitor governments and that crimes committed by individuals must be tried by national courts. However, when giving effect to the law, the authorities of our country referred to kidnapping and political prisoners.

Two teachers were murdered, Alfredo Urroz Girón and Marvin Ugarte Campos, the Education Confederation building in the city of Masaya was set on fire and the trade union buildings in the cities of Jinotepe and San Carlos were looted and damaged. Fourteen teachers were kidnapped and tortured for not supporting the attempted coup and for guaranteeing the right to education of Nicaraguan children. Two public universities were used as command posts and torture centres by the coup perpetrators. The National University was looted and some of its facilities were destroyed.

Military weapons were used to murder 22 police officers; police stations were set on fire and members of the police force, brought together by order of the President at the request of the bishops and business leaders, were besieged. The homes of the trade union leaders of the union for the health sector were set on fire; ambulances and mobile clinics were set on fire; and surgical instruments and medicines were looted and stolen from medical centres.

Order has been restored and we are rebuilding peace in Nicaragua. Following the good example of tripartism in practice in Uruguay, we are maintaining the model of tripartism with more than 15,000 micro-, small and medium-sized enterprises, which are ultimately the largest sources of employment. We maintain forums for collective bargaining and the negotiation of minimum wages.

As a trade union movement united in diversity, we have condemned this attempted coup d’état and reject the blockades and economic sanctions instigated by those who consider themselves to be masters of the world. We are subject to the Nicaraguan Investment Conditionality Act (Nica Act), which conditions our access to credit in international organizations. These measures only harm our people and limit investment, affecting sources of employment for workers.

The difficult economic situation that our country is facing as a result of this attempted coup has not prevented access to the right to free education and public health from being guaranteed. Social programmes and investment in the construction of the infrastructure required for access to energy, health care, drinking water, mobility on the roads and communications are being maintained. Government institutions are ensuring assistance to the production sectors and self-employed workers through programmes of access to credit.

We support the forum for negotiation proposed by the Government and condemn the blackmailing and irresponsible attitude of the political Right and business leaders who turn to foreign governments asking and begging for the application of economic sanctions against our country.

We reiterate our position that organizations in the United Nations system, such as the ILO, should not be used for the interests of transnational corporations or the governments that consider themselves to be the masters and the owners of this world, which encourage wars to destroy developing countries and then persecute and condemn those who emigrate as a result of these acts of war.

The practice of social dialogue, with effective results, has enabled workers to be active in economic and social transformations. Accordingly, within the framework of the provisions of the Convention, the social policies promoted by the Government of Reconciliation and National Unity have made it easier for workers to address economic difficulties and eradicate poverty in our country.

Nicaragua wants peace and work; Nicaraguans want tranquillity and to build, adapted to our own situation, social consensus based on respect and tolerance.

Even though several of our trade union leaders and workers were killed in the attempted coup d'état last year, we support government efforts to seek peace through legislation, such as the Amnesty Act, and programmes to care for victims and their families.

The men and women workers whom we represent in this Committee, based on reasoning and their experiences, call on this Committee not to issue any recommendations against our country, as this report is not in compliance with the provisions of the Convention.

Employer member, Nicaragua – I am here as a representative of the private sector, which is the employer for most areas of production, construction, transport, trade and services. In response to the allegations made, I was invited by the Government of Nicaragua as president of the association that I lead and which, together with the Nicaraguan Board of Micro-, Small and Medium-Sized Enterprises (CONIMIPYME), represents over 60 per cent of entrepreneurial capacity. There is another organization that is functioning, which has been heard and which has losses as great as ours, resulting from all the issues arising out of the violent actions that have occurred since April last year. Through our presence here, we are showing the interest of employers in achieving better labour relations between workers and employers, including the government authorities, taking account of the progress already noted by the ILO in labour matters and the progress that can result from this important Conference.

I would like to position our country, Nicaragua, in the context of labour relations, its achievements and aspirations, with reference to the following aspects. At the level of the Constitution (the supreme law of the country), a relationship was established between the Government and the private sector, in which the focus was placed on all stakeholders and all associations of private employers, and we have been working for several years in which we have achieved ongoing growth, as has already been mentioned. It has been an example of openness and of excellent relations, and we have been visited by various countries to discover our experience so that they could seek to do something similar in their countries. There is agreement between enterprises, the Government and workers, through the establishment of the tripartite commission with its approach based on the holding of meetings and discussions with the aim of adopting conclusions and agreements. In the past, we achieved growth in the national economy ranging from 4.6 per cent to 5.1 per cent, as recognized by the World Bank, for a number of consecutive years, and by FUNIDES, an organization that is resourced, financed and works for other interests to the detriment of the national interest. We achieved growth in the volume of production and the volume of exports of the main goods that we produce. We had excellent public security, which was recognized in the region, not only in Central America, but also in the countries of Latin America, which also gave rise to visits to see the functioning of the national police. Before the problems, there was an improvement in the police, in protection, and we had the best level of security in the region. With this policy, there was a reduction in poverty, including extreme poverty, as a result of the creation of more jobs by enterprises and the implementation of government policies. There are various other relevant aspects that created a very positive climate for the overall growth of our country.

That said, we regret the consequences of the lack of consensus that interrupted a tripartite dynamic which, until that time, had been effective and achieved great results, as recognized by the international community. The crisis that developed could have been prevented earlier, if the political parties had shown the maturity to hold an honest, sincere and transparent dialogue. Hence, as the most acute part of the crisis is over, it is time once again to appeal to all parties to engage in dialogue for a genuine economic, social and political compromise through a dialogue mechanism to find a peaceful solution to this situation.

In light of the above, we had been working and growing in our businesses until we were interrupted in 2018 by acts of violence, looting and attacks on public safety and the right to work through obstacles in the streets and highways, roadblocks by armed persons, disrupting the flow of goods, which had a major impact on the whole business sector in Nicaragua.

We were surprised by all of this, which created a pernicious situation overnight, resulting in the destruction of commercial zones, government buildings, installations and construction equipment, which directly affected our enterprises, with the consequent loss of sources of employment, the reduction of national and foreign investment, a fall to minimum levels of tourism, which had been growing and in full development. It is not my place here to highlight those responsible for such acts of destruction. These acts, which affected the national economy, had a direct impact on all large, medium-sized and small enterprises. It was only logical for our private enterprises to be forced to suspend workers. Worse still, the national bank stopped all financing, blocking any investment in all areas of the economy and limiting the financial guarantee service for all enterprises. As a result, quite apart from all the destruction, it is the financial blockage that is limiting the development of most economic activity.

Despite all that, during all the events and the crisis, our enterprise capacity continued, maintained trade and, to a certain level, ensured the availability of work for workers, showing care for the population and keeping enterprises open despite the calls for national stoppages, which seriously affect the economy. It should be emphasized that many of these calls were accompanied by threats to enterprises to oblige us to close. At the time of reporting, the security of citizens and economic activity have been recuperated, within the financial limitations and the threat of sanctions that would affect the investments that are so necessary for the development of my country. All of this is limiting the access of the population to mobility, services and job vacancies. In this respect, I would like to emphasize the role of the ILO in reporting the real situation, which is very different from the situation described in biased reports, or by persons who do not know the situation, who have not even been near our country, and the sources of information that have distorted the situation experienced by our enterprises, which is imperilling the work of our labour force.

All of the above has resulted in great losses for our enterprises, for employment and in other areas, giving rise to a negative image which we, as entrepreneurs, refute. We call on the ILO to maintain its profile with the underlying objective of protecting labour, and not to let itself become a pawn for political interests that are opposed to its valued work.

As entrepreneurs, we have become embroiled in a political situation that is foreign to our nature. Nevertheless, we have held firm and have organized ourselves to protect our interests. We reaffirm our commitment as entrepreneurs to economic well-being. Our impartiality is our unique vision of maintaining the production that cost us so much to develop. We reaffirm our social and entrepreneurial commitment not to let spurious political considerations become associated with and lead to a deterioration in the image of our country and its productivity with a view to continuing to improve the life of Nicaraguans.

Government member, Romania – I am speaking on behalf of the European Union and its Member States. The candidate countries Republic of North Macedonia, Montenegro and Albania, the European Free Trade Association (EFTA) country Norway, member of the European Economic Area (EEA), as well as Georgia align themselves with this statement. We attach great importance to human rights and recognize the important role played by the ILO in developing, promoting and supervising international labour standards. The European Union and its Member States firmly believe that compliance with ILO Conventions is essential for social and economic stability in any country and that an environment conductive to dialogue and trust between employers, workers and governments contributes to the creation of a basis for solid and sustainable growth and inclusive societies.

The European Union and Nicaragua have established a close relationship, based on the Association Agreement between the EU and Central America, which includes three main pillars: political dialogue, cooperation and trade. An overarching objective of the Association Agreement is to contribute to inclusive and sustainable economic development, full and productive employment and decent work.

We express deep concern over the very serious political, economic and social crisis affecting the country since April 2018. The situation with regard to violations of human rights, including social and labour rights, is also very worrying. At the Human Rights Council in March, we requested the Government to stop repression and ensure justice, dialogue and democracy, which are the only way out of the crisis. We also called on the Government of Nicaragua to cooperate constructively with the Inter-American Commission on Human Rights and to allow the return of the Office of the United Nations Commissioner for Human Rights.

With regard to the specific case before us, related to the Convention, we would like to recall that all policies shall be primarily directed to the well-being and development of the population, and that the improvement of standards of living shall be regarded as the principal objective in the planning of economic development. As mentioned in the report, 80 per cent of the population is vulnerable or poor in Nicaragua.

We express deep concern about the very high unemployment rate, the high number of workers who have lost their jobs or even fallen into poverty as a consequence of the crisis in Nicaragua and the politically motivated dismissals of public officials, notably in the health sector, and business closures ordered by Government as retaliation against dissenters. Furthermore inequality, poverty, social exclusion, violence, insecurity, repression and persecution in Nicaragua are driving an increasing number of people to neighbouring countries.

We therefore urge the Government to take the necessary measures to improve the standards of living of the population, starting with the respect of fundamental rights. These measures should aim at addressing basic needs related to food, housing, clothing, medical care and education in the short term, as well as implementing inclusive economic and social policies aimed at the eradication of poverty in the mid- and long-term. We are concerned by the cuts in public spending approved by the National Assembly in August 2018 and we stress the need for the Government to ensure adequate budget allocation to social policies in order to compensate for the impact of the crisis on the Nicaraguan population.

We welcome the Partnership strategy adopted with the World Bank for the period 2018–22 and would be interested to know what are the measures undertaken within this framework to reduce poverty and enhance living standards, in particular for those in situations of vulnerability: women, children, young people, subsistence farmers, persons with disabilities, indigenous people and people of African descent. We also encourage the Government to avail itself of ILO technical assistance to this end.

We would also like to express our strong concern about the reported wave of illegal occupations of private land by pro-Government groups, as well as other violations of rights, including attacks against enterprises and unjustified delays in the clearance of imported goods.

We would like to recall also that access to finance is an essential enabling condition for economic growth. Microfinance in particular is key to helping the poor to sustain day-to-day living, create income-generation opportunities, provide for education for their children and care for the sick and elderly. In this context, we concur with the experts’ recommendations that the Government should encourage further voluntary forms of thrift and protect wage earners and independent producers against usury, as well as promote financial literacy, with specific focus on women.

The EU will continue to monitor the situation closely and underlines its readiness to use all its policy instruments to contribute to a peaceful negotiated way out of the current crisis and prevent further deterioration of human rights and living standards in Nicaragua.

Worker member, Colombia – On behalf of the workers of Colombia, we express solidarity with workers in Nicaragua, as we understand the challenge that peace-building entails for a nation, for civil society and for the workers, especially in Latin America. Nicaragua was included on the list of countries to be examined by the Conference Committee on the basis of the special comments indicating “deep concern” by the Committee of Experts. The Colombian workers also hope that “deep concern” will be expressed in the next report of the Committee of Experts in response to the massive increase in murders of social and trade union leaders in our country.

Nicaragua is a country fighting to rebuild its social fabric, reverse inequity, regenerate employment and guarantee labour rights, which all deserve international attention, but not interventionism or judgement of its processes. It is a question of supporting its democratic institutions in solidarity with its endeavour to achieve social inclusion and improvements in the standards of living of the population, and to contribute to the implementation of optimum social standards. Doing the opposite is tantamount to inciting those who do not really want progress or the well-being of the Nicaraguan people, who deserve now more than ever full enjoyment of their sovereignty to resolve internal matters, like many others on the American continent, who are today victims of those who think they are entitled to violate the free right of self-determination of peoples. The Colombian people have also been victims of the loss of sovereignty.

For Nicaraguan workers, in the same way as Colombians, we believe that it is possible to overcome the causes of the conflicts and establish a lasting and stable peace, despite the constant attempts to destabilize peace or to return to earlier situations that are affecting both countries instigated from outside or by internal minorities who do not want peace and who promote internal disorder, claiming a false defence of democracy, thereby discrediting national institutions. The path of violence and conflict to destabilize progressive internal processes will always endanger guarantees of workers’ rights and productivity.

The disturbances, which prompted the report of the Committee of Experts and this invitation to Nicaragua to appear before the Committee, have endangered the life, safety and well-being of the population. We believe that they are caused by opposition to the current national Government, whose policies may be prejudicial to their specific interests.

In Nicaragua, as in Colombia, social and trade union leaders continue to give their lives to fight for human rights, more and better jobs, higher income for the majority of the population, to defend production and national development, and to call for the consolidation of peace, which is the only means of guaranteeing the progress and well-being of peoples. Let us allow the Nicaraguan people to build their own future and, in so doing, comply with the requirements of this house.

Government member, United States – We are troubled by the serious political and social crisis in the country stemming from the April 2018 protests. In particular, we are concerned by the serious allegations of violence, stigmatization and interference against employers and workers that are noted in the OHCHR’s report on the 2018 protests, specifically by an unprecedented wave of illegal occupations of private land by pro-Government groups, reports of attacks against enterprises, reprisals against public sector workers, including the dismissal of physicians, nurses and administrative staff for treating individuals injured during the protest as well as dismissals of professors and teachers for participating in these protests. We note that there is currently little information available about these reported instances. For example, what steps have been taken to address these allegations and reprisals? What are the future efforts to prevent similar violations? We urge the Government to take all necessary measures to comply with international labour standards, including through close cooperation with the ILO and social partners. To that end, we strongly encourage the Government to avail itself of ILO technical assistance.

Worker member, Panama – We must first express our regret at the events that occurred in our sister Republic of Nicaragua in April last year. The Dantean scenes of people being burned alive must never be repeated. There can be no doubt that there are persons responsible for these acts, and we understand that the courts have begun to call on them to answer for their barbaric acts.

In ILO bodies, such as this one, we realize that we must call for peace for the Nicaraguan people, and for a way out of last year’s general crisis. Social dialogue is being painstakingly developed and has at least led to some significant progress at this stage, notably the process for rebuilding peace and reconciliation among Nicaraguans since the terrible acts referred to above. This dialogue between the parties has also been supported by international bodies, as a result of which 1,500 peace committees have been established, and it is hoped that 5,000 will be set up in each region to address the different problems that are afflicting the country, including the situation that arose last year.

The process of recovering economic and social stability is emerging and is undoubtedly now showing important signs of progress. Just this month, the Amnesty Act was adopted for all the parties to the conflict that broke out last year. This should undoubtedly help dialogue to progress.

Dialogue is covering the development of social policies and employment creation, housing, health, drinking water, education and state reform.

In the short term, the agreements reached in the peace commission will enable the parties to continue developing all the policies required for peace in Nicaragua for the Nicaraguan people.

Observer, Public Services International (PSI) – We are taking the floor in an atypical case for this Committee, as we are analysing the compliance by Nicaragua with the provisions of the Convention in a context of political and social crisis and the aftermath of that crisis. We emphasize this because it is a key point, because it has occurred before and will occur again in the Americas, Asia, Africa, as well as in developed countries.

This is a country that, for various political, economic, structural or topical circumstances, for reasons linked to its domestic policies, or resulting from its foreign policy, for regional reasons, or even as an effect of international economic crises, can suffer major internal upheaval, with grave repercussions for its economy and immediate impacts on its public budget and, as a result, on the level of coverage of its social policies.

In such a situation, the international community cannot be indifferent. International bodies and social stakeholders cannot remain indifferent. We must be involved, that much is clear. The way in which we are involved must reflect absolute respect for the independence of peoples and an appreciation for their sovereign decisions.

This is why we are asking ourselves in this debate: What should the role be of the international community and the ILO? To judge the facts? To impose penalties? To take sides with one party or another? To influence national policies?

The answer is an emphatic “no”. The role of the international community must be to work together to seek peace, mediate consensus, provide practical support by offering solutions, and also, taking our analysis a step further, we consider that the international community should contribute with specific economic resources and development financing to the sustainable operation of the public and private sectors, working together to ensure compliance with social policy standards for the benefit of those who have the least and who have no hope.

In April 2018, a crisis broke out in Nicaragua that caused a painful toll of fatalities, on the one hand, and antagonistic positions, on the other, with knock-on effects on the economy. We saw universities being broken into and looted, their property destroyed, and it was impossible to hold classes.

The labour movement wants peace in Nicaragua, as well as respect for its independence and the democratically expressed will of the people. Let us help Nicaragua, right now, with more resources and fewer speeches, more emphasis on agreement than divergence, focusing on the needs of people, who urgently require guarantees of their rights, as enshrined in ILO standards on social policy. Let us not use the problems of Nicaragua, or any other country, as a camouflage for ideological debates. It is not helpful for peace and social protection to block foreign investment in Nicaragua, impose conditions on its foreign trade and antagonize the Government. Nor is it helpful to wag an accusatory finger from comfortable armchairs in developed countries.

Many things changed in the world between 1919 and 2019, but one thing that has not changed, as stated in the Philadelphia Declaration, is that “poverty anywhere constitutes a danger to prosperity everywhere” and that “lasting peace can be established only if it is based on social justice”.

Government member, Bolivarian Republic of Venezuela – The Government of the Bolivarian Republic of Venezuela welcomes the presentation made by the Government representative in relation to compliance with Convention No. 117. We have heard that the Government of Reconciliation and National Unity is giving full effect to the policy of food security and sovereignty with a view to achieving the objectives and aims of the National Human Development Programme, the Millenium Development Goals and the Sustainable Development Goals (SDGs). We appreciate the progress made by the Government of Nicaragua in eradicating general and extreme poverty, as well as the implementation of policies and laws which promote and guarantee labour rights. It should be emphasized that new trade unions have been registered which are participating actively in collective bargaining in the public and private sectors. We welcome the fact that the labour inspectorate is actively supervising the protection of workers, preventing any type of discrimination, protecting children, young persons, persons with disabilities, women and indigenous peoples and that the provision of free education is guaranteed.

We consider that this Committee should take into account the positive aspects noted in the explanations provided by the Government of Nicaragua. The Government of the Bolivarian Republic of Venezuela hopes that this Committee’s conclusions, resulting from this debate, will be objective and balanced, and unconnected with the political interests opposed to the Government of Nicaragua.

Government member, Canada – Canada thanks the Government of Nicaragua for the detailed information provided. Canada also acknowledges the important progress Nicaragua has made over the last several years in improving the standard of living in the country. However, much of that progress is now at risk of being undone due to the deteriorating situation of human rights since April 2018 and the impact on the country’s economy. Canada remains deeply concerned by the difficult social and political situation. We also echo the concerns of the Committee of Experts regarding Nicaragua’s adherence to the Convention, whose primary goal is to ensure the well-being of a population.

In particular, Canada takes note of the reported recent loss of over 17 per cent of jobs in the formal economy; significant losses within the informal economy; the increasing number of people falling below the poverty line; reports of attacks on enterprises; cuts to social spending on health, housing, justice and education; the denial of medical care for persons involved in protests in 2018 and the dismissal of persons who offered to provide such care; the large migration of workers due to poverty, inequality and social exclusion; and the alleged lack of measures to support access to financial institutions and promote financial literacy, particularly among women. All have a serious negative impact on social and living conditions of a population.

Canada fears that if the situation continues along its current trajectory, there will be serious, long-term impacts on the socio-economic development, security and stability of Nicaragua.

In that regard, and recalling Canada’s recommendations on Nicaragua earlier this year in the context of the Universal Period Review, Canada calls on the Government of Nicaragua to, without delay:

- continue to implement measures aimed at improving the well-being and standard of living of all Nicaraguans, and particularly those of populations in vulnerable situations, by taking into account essential needs such as food, clothing, housing, healthcare and education;

- ensure decent working conditions for all workers, and especially migrant workers required to live away from their homes;

- protect wage earners and independent producers by supporting access to financial institutions, including savings and credit cooperatives, and promoting financial literacy; and

- avail itself of technical assistance of the ILO in the furtherance of these goals.

Canada has long worked with the Nicaraguan people to help increase economic development, reduce poverty and increase security and remains committed to doing so, including by supporting Nicaragua’s endeavour in implementing and respecting the principles of the Convention.

Employer member, Honduras – We view with concern the social and political crisis faced by Nicaragua provoked by the policies adopted by the Government. The crisis has endangered the economic and social rights of citizens, such as the right to work, health, education, food and entrepreneurship, resulting in an economic recession that is discouraging and diverting investment and leaving Nicaraguan citizens without opportunities, to the detriment of the standards of living of the population, especially the most vulnerable categories.

On the basis of FUNIDES data, by the end of 2019, some 9 per cent of Nicaraguans will be suffering from extreme poverty, 21 per cent from general but not extreme poverty and 21 per cent will be vulnerable. In other words, if the social and political crisis that is affecting the country continues, half of the population will be at risk of poverty.

These worrying indicators, which are prejudicial to the social and economic rights of persons and of enterprises, have their origin in a series of measures adopted by the Government, including the increase in the price of energy, the reform of social security, the fiscal reforms, the lack of financing and the rise in the interest rates for the credit that is available, the increase in exchange costs, the rise in the price of fuel, the migration of workers, the reduced supply of labour in production zones, the low international prices for agricultural products and livestock and climate uncertainty in the agricultural and livestock sector. All of the above points to a clear violation of the general principles of the Convention. Article 1 provides that all policies shall be primarily directed to the well-being and development of the population and to the promotion of its desire for social progress. The issue in relation to this technical Convention is because the Government of Nicaragua has stopped implementing social policies which promote the best social action in any country, which is employment.

We also condemn all unlawful acts, including intimidation, threats, repression and unjustified confiscations when clearing imported goods, as denounced by COSEP, the representative body of employers in Nicaragua.

We urge the Government of Nicaragua to take the necessary action on an urgent basis to create decent living conditions for Nicaraguan citizens and to guarantee the right to free enterprise in Nicaragua.

Government member, Cuba – My delegation wishes to place emphasis on the information provided by the Government of Nicaragua. The fact that sustained economic growth has resulted in a fall in the inequality rate and the reduction of poverty shows the commitment of Nicaragua to social justice.

We recognize that the Government has allocated resources to the extension of social infrastructure and the restoration of the right to work and social security, health and education, and that subsidies have been provided for basic services to the population. It is also positive that laws have been adopted which recognize, protect and guarantee labour rights, such as the rights of persons with disabilities and other population groups. Various social programmes are also being implemented for the protection of the population and the improvement of their standards of living.

All of the economic and social progress achieved by the Government of Nicaragua, as reported to the Committee, has been achieved despite the aggressions of various types suffered by the Government. In this respect, my delegation opposes any punitive approach, selective practices and the political manipulation of the Organization’s supervisory bodies, and we warn that such action could result in a lack of credibility of the Committee and of the spirit of cooperation.

Worker member, Cuba – The arguments put forward against the Republic of Nicaragua once again show that external aggression, the promotion of internal disorder, political motivation based on outside and individual interests only lead to the suffering of peoples, their destabilization and the loss of social and labour progress, among other ill effects.

Cuba and the Bolivarian Republic of Venezuela, among other countries, have also been the victims of such attacks. Economic, financial and commercial blockades have been imposed upon us to slow down the social and development policies in our countries, and to discourage workers in their efforts to construct our countries, and to stimulate the exodus of the labour force.

This is clearly a case in which the accompanying political elements totally minimize the technical issues that may arise and any failure to comply with the Convention.

For over 40 years, Nicaragua has endeavoured to implement social development projects through national plans and regional integration to help raise the standards of living of its population and promote social and labour inclusion.

Many of the issues taken up as elements of this discussion lie within the competence of the Human Rights Council, and not this Committee. We fully agree with the indications made by the Worker member of Nicaragua and we hope that the Committee will take them into consideration in the conclusions for the case, for which we see no pressing reason for inclusion in the list of 24 cases for discussion.

Government member, Honduras – The delegation of Honduras expresses its support for the sister Republic of Nicaragua. We note the action taken by the Government of Nicaragua in accordance with the Convention for the implementation of public policies through socio-economic projects for women and rural populations, in conformity with the National Human Development Programme 2014–18. We welcome the fact that this Programme also envisages fundamental rights, such as free education at all levels and coverage by a model of family and community health, as well as the guarantee of social security. We note positively the efforts and scope of the action in Nicaragua to promote gender equity and the enjoyment by women of broad guarantees and participation. With regard to labour migration, we refer to the importance of the protection and promotion of the labour rights of migrant workers as the pillars for the implementation of programmes for orderly and temporary labour migration. Finally, Honduras encourages the Government of Nicaragua to continue promoting the development of institutional mechanisms, in accordance with the spirit of the Convention, and particularly in a context of social dialogue and tripartite consensus.

Worker member, Bolivarian Republic of Venezuela – The Worker delegation of the Bolivarian Republic of Venezuela fully supports the efforts made by the Government of Nicaragua in the Country Partnership Framework for Nicaragua 2018–22 with a view to reducing poverty and promoting the prosperity of Nicaraguans in its clear and specific effort to give effect to Convention No. 117.

Nicaragua, in the same way as the Bolivarian Republic of Venezuela, agrees on the national agenda to seek to meet the basic needs of the population through policies which allow the just social distribution of the wealth created by public and private enterprises, the creation of more and better jobs, the satisfaction of the basic needs of the population, the creation of social security programmes, and particularly action for vulnerable social groups, such as indigenous peoples, Afro-descendent youth and rural workers.

We do not understand how countries such as Nicaragua are placed on the list of cases to be examined by the Committee, as Nicaragua is very far from being a Government that is in violation of ILO Conventions. In our Latin American continent, we are faced with blatant interference by imperialism, which has its own name, is very precisely located in geographical terms and which, in alliance with the Employers, is not ashamed to admit publicly to the world that its goal is to appropriate the wealth and economic growth and development potential of our countries. We do not forget that Nicaragua is the potential host of an inter-ocean canal of strategic importance for the whole of trade and all the peoples of the world. For this reason, the empire is engaging in blockades and the commercial boycott of our countries to subdue the peoples and promote acts of violence, such as those that have been widely reported in this forum.

The Employers are endeavouring to use this tripartite international forum as an instrument of interference. The Employers are seeking to make the Office’s action ever more political to confront revolutionary governments which defend workers and which religiously apply standards and Conventions. In the same way as with Nicaragua, Employers are attacking the Boliviarian Republic of Venezuela, which is currently the subject of a Commission of Inquiry at the request of the Employers and a group of Latin American countries, despite the ridiculous paradox that these Employers do not recognize the Government of Venezuela, but are trying to make the ILO impose dialogue on a Government that they do not recognize.

We are alerting the Office to these underhand intentions of the Employers in collaboration with the imperial government and other governments in the subregion. Nicaragua, in the same way as the Bolivarian Republic of Venezuela, is building a just and peace-loving society. It is bitterly regrettable that on the Centenary of the ILO, an attempt is being made to apply sad procedures to penalize governments that are working for the well-being of men and women workers.

Government member, Mexico – On behalf of the Government of Mexico, we give thanks for the presentation of the report on the measures adopted by Nicaragua in response to the comments made by the Committee of Experts. In the view of Mexico, the objective of an effective social policy is to achieve the well-being of persons and cohesion in societies. Such well-being requires the decisive presence of the State for the development of strategies guided by a concept of development that combats inequality and social injustice and promotes sustained economic growth through the improvement of public health and social security, food, housing, education, employment opportunities, working conditions and wage rises.

With regard to the present case, Mexico recognizes the willingness of the Government of Nicaragua to provide further information on the comments of the Committee of Experts on the measures taken to improve the standards of living of the population of Nicaragua, and particularly for vulnerable groups, including women, young persons, persons with disabilities, small producers engaged in subsistence farming, and indigenous and Afro-descendent communities.

The Government of Mexico also emphasizes the announcement that Nicaragua is adopting measures to ensure that account is taken in the conditions of work of migrant workers of their family needs. The development of a framework for labour migration based on a human rights and decent work approach is a fundamental step in guaranteeing the full respect of rights in this sector. We therefore welcome any progress made in such an important area for our region.

Finally, the Government of Mexico notes the announcement by the Government of Nicaragua that it is seeking effective methods of collaboration with the ILO to give appropriate follow-up to this case. We encourage the Government of Nicaragua to continue its collaboration with the Organization for the implementation of inclusive social policies for the benefit of the fraternal people of Nicaragua.

Government member, Myanmar – As we recognize Nicaragua’s efforts for economic and social development of its people, Myanmar welcomes the implementation of the model of alliance between the central Government and the private sector together with the workers. We are encouraged by the commitment and step-up measures of the Government of Nicaragua to restore the rights of women to participate at decision-making levels. We also recognize Nicaragua’s efforts to promote universal access to health care and strengthen the right to health through a Family and Community Health Model. We welcome Nicaragua’s Education Plan 2017–2021 which guarantees education for all without any cost. In addition, we also welcome the efforts of the Nicaraguan Government to promote and protect labour rights by making efforts to strengthen tripartism, trade union freedoms, and alliance among Government, workers and employers. In light of these positive developments, especially in the areas of education, health, women’s rights and labour rights, we expect that the case of Nicaragua would be a case of progress if it were discussed next time.

Government member, Russian Federation – We would like to thank the representative of the Government of Nicaragua for the information on the measures that have been taken to comply with the provisions of the Convention and outlining the objectives in the area of social policy. It is clear that the efforts of the Government to fight poverty and improve the economy are taking place, and it is necessary to continue on this path to resolve the difficult social problems which Nicaragua is currently facing. This success here depends upon the Government’s capacity to fully abide by the provisions of the Convention. Ultimately, social stability in that country depends on that as well.

We welcome the set of measures that the Government has been applying in the area of labour relations and the National Programme to Protect Families and Women. The improvement of the National Education Programme has already brought positive results and these positive efforts have gone hand-in-hand with reforms of the legislation, as well as improvements in the administration and the courts. We highly value the technical contribution of the ILO to this process and hope that it will continue.

Government member, Belarus – Belarus would like to thank the delegation of Nicaragua for the report that it has provided. The improvement of living conditions is a key part of efforts in the country and these efforts cannot be limited in time, especially under difficult economic conditions. We welcome the accompanying measures, therefore, of the Government of Nicaragua to achieve social development especially for vulnerable segments of the population. We would emphasize the openness to constructive cooperation with the ILO, including an invitation for the Organization to visit the country and we call upon the Organization to support the country through social dialogue in full respect of the principles of the UN Charter. We recognize the need for partnership with Nicaragua in the broad context of the achievement of the SDGs.

Government member, Plurinational State of Bolivia – The Plurinational State of Bolivia welcomes the statistics provided, as well as the detailed information supplied by the Government of Nicaragua on the efforts made and progress achieved through its social policy.

We welcome the reduction in poverty and the average economic growth that is higher than the global average economic growth. We also acknowledge the fall in maternal mortality as a result of the model of family and community health. In the field of education, we welcome the efforts made by the Government of Nicaragua to guarantee the human right of free education for all, while also taking into account the cosmovision and languages of indigenous and Afro-descendent peoples.

We therefore encourage the Government of Nicaragua to continue furthering its social policies for vulnerable groups.

Government representative– Nicaragua takes very seriously its foreign policy and the international community, its international commitments and those acquired under the various ILO Conventions that we have ratified. In this respect, I would like to emphasize that the Government of Nicaragua is acting with objectivity concerning the events that occurred on 18 April, as shown by the fact that in recent days the Government of Reconciliation and National Unity has complied with all the agreements reached through the dialogue forum, including the release of citizens who were detained for undermining economic, political and legal stability and prejudicing the psychological stability of Nicaraguan families. The releases are in compliance with the entry into force of Act No. 996, the Amnesty Act, which, following its publication in the Official Gazette, which grants, as is right, a pardon for all acts by all citizens who participated in the events that occurred on the national territory as from 18 April 2018.

It should also be noted that 1,594 reconciliation, justice and peace commissions have been established throughout Nicaragua and that they are operating at the departmental, national and municipal levels, and in the north and south Caribbean Coast. The operation of the commissions is based on the identification of the persons, families and communities who were victims of the failed attempted coup d’état. The commissions have held community working sessions to examine, analyse and achieve the adaptation of the work plan of the Government of Reconciliation and National Unity for the consolidation of stability and peace in Nicaragua, in coordination with government institutions and religious leaders, which are planning support action to help overcome resentment, grief and feelings of loss and pain. For that reason, the commissions are taking action to help strengthen the culture of Christian brotherhood, dialogue and understanding. What is most important is that those who are participating in the commissions, during their establishment and functioning, include families, educators, health, social, community and religious leaders, young persons, faith delegates, male and female deacons and pastors.

With regard to migrant workers, the movement was facilitated through national and binational coordination of 28,452 Nicaraguan migrant workers who moved to Costa Rica in a regular and orderly manner (although not solely in the context of 18 April, as migration occurred before that date for reasons of employment or on other grounds) during the various agricultural cycles between 2006 and 2018, with many workers engaging in general agricultural work and construction. These measures have been taken under the coordination of the institutions involved in migration issues, which logically include the General Directorate of Migration and Foreign Nationals and the Ministries of Labour of both countries, as well as the General Consular Department of the Ministry of Foreign Affairs of Nicaragua. Most of the workers who emigrate under binational procedures are men, as the work offered by the various enterprises is in the agricultural sector in sugar cane, melon and pineapple production. But it should be pointed out that Nicaragua has never been of the view that its nationals should migrate to other countries.

Nicaragua has stood out in maintaining higher levels of economic growth than the average for Latin America and the Caribbean.

The Government has made every effort to ensure that the tax reform is as equitable, technical and harmonious as possible, and that it is closely adapted to or will be adapted to the national situation of the country. In this regard, it should be noted that the proposed measures intended to cover social issues are totally untouchable and are guaranteed in their totality, and that this has been the case since we took office in 2007.

I also wish to emphasize that the Government is running one of its emblematic programmes, as reference has been made here to the lack of credit for small enterprises, namely the Zero Usury programme, which covers the whole country, and all women in general. Through the programme, considerable amounts of credit have been provided for work and the development of production and trade to 2,691 beneficiaries in 820 interest groups in 86 municipalities throughout the country during the course of 2019.

In May this year, the Government presented, through the Ministry of Agriculture, the National Production Plan, which covers 13 policy areas, including the promotion of investment, water resources, phytosanitary systems and policies for the promotion of productive activities. Specific support has also been provided to 70,000 families for production, focusing on the beginning of the 2019–20 agricultural cycle to increase production, and of course productivity, at the national level. Production has continued to increase, as planned, growing by 76 per cent in absolute terms, both in terms of livestock and agricultural crops. We have achieved levels of provision for national consumption which guarantee the food security of the Nicaraguan family.

The Ministry of Education is undertaking a nutritional and school census, with data collected up to now on 176,702 boys and girls who have been weighed and measured, with the objective of 1,600,000 boys and girls, representing an increase of 11 per cent. We are continuing to work to supplement the census within the established deadline.

In relation to the comments on the alleged serious human rights situation in my country, Nicaragua, last month the State of Nicaragua submitted its third universal periodic review to the Human Rights Council, and I therefore urge those interested to take note of, read and analyse the review, which will be submitted to the 42nd Session of the Human Rights Council.

With regard to the comments concerning land, it would be essential to provide proof. We heard “occupation of lands”, but no type of the necessary evidence was provided in support of this apparent affirmation.

Moreover, I consider it very important to indicate, concerning the dismissal of employees in certain enterprises, that the State of Nicaragua, and the public administration of Nicaragua, has worked unceasingly every day of 2018 and up to now and that no man or woman worker has been dismissed for political reasons.

I would like to make it very clear that there have indeed been cases of suspension from work. Of course there have. However, certain Employer representatives have been saying that there have been dismissals. But it is private enterprises that have been cutting and dismissing workers, not the Government. It is necessary to examine the history of what happened, the roots of what happened, as from 18 April.

Our Government is making every effort to make progress each day in reducing unemployment and ensuring greater employment stability. We said so in the agreements concluded recently in the dialogue forum, which are designed to ensure the participation of men and women workers in managing the active development of enterprises. And for this reason, our Government in Nicaragua maintains that its nationals should not migrate for any specific reason. And the agreements include a plan, which is already being implemented, for the voluntary return of Nicaraguans abroad, who left in the context of the violence that occurred as from 2018, in collaboration with the International Organization for Migration (IOM). The plan guarantees all constitutional rights and security, because Nicaragua continues to be one of the safest, if not the safest, country in Central America, with a view to the due reintegration of those who left in the context of the violence that has occurred since 18 April.

I am of the view, as I consider it to be of great relevance to us, that the strengthening of collaboration with workers is of great importance. For this reason, we have made considerable progress in ensuring and reinforcing tripartite collaboration, with the presence of workers, the Government and employers’ representatives.

In conclusion, we confirm our determination to eradicate any acts of violence as a further step in reinforcing peace, which is the common objective to guarantee labour and the eradication of poverty in the Nicaraguan family.

I reiterate once again the invitation to the ILO to visit Nicaragua to confirm the situation of tranquillity and peace that has returned. We are all working in peace, all working to organize ourselves to produce more and achieve greater productivity, to ensure that education is not denied and that the health of the families of workers continues to improve. Recently we purchased equipment that we did not have for the detection of cancer. We are progressing in the development of social policies in our countries, which means going forward and providing guarantees to the family, and to all families, without any discrimination, so that they can live, work and develop in peace.

I want it to be very clear that, although it has been said here, as I noted down, the most representative organization of employers is not present. Representative employers’ organizations are indeed here. Nicaragua has organizations which cover 76, and almost 80 per cent, including micro-, small and medium-sized enterprises, as we can rightly say.

There are 19 chambers in the CONIMIPYME, with 30 enterprises affiliated to the chambers of the CONIMIPYME, as well as 545 others, as indicated previously.

Employer members – All or most of us in this room are very familiar with the principle of the supremacy of reality in labour law, as a basic principle for us to be able to understand, assess and eventually resolve a situation. The least we can do is keep to the facts as they happened.

It appears to us that the reality as described by the Government is not the one portrayed in reports. It is not the reality that our sister organization in Nicaragua, COSEP, is reporting. While there can be different views, it is more difficult to accept different figures. It seems to us that denying or ignoring the content of reports, such as those of the Committee of Experts and the OHCHR, makes little or no contribution to resolving the situation. And the present case is occurring against a background in which the Government of Nicaragua is setting itself major objectives and needs to meet them urgently. The increase in poverty in Nicaragua is an issue that merits our full attention and which takes on special relevance in relation to the objectives set out in the Convention that we are examining, as well as the Goals and targets of the 2030 Sustainable Development Agenda.

The issue that we have addressed today is directly related to SDG 1, No poverty, SDG 8, Decent work and economic growth, and SDG 10, Reduced inequality. In this respect, the Government of Nicaragua will have to implement and reinforce as a matter of urgency at the national, provincial and local levels, appropriate systems and measures to eradicate extreme poverty and build the resilience of the poor and of those in vulnerable situations. The Government of Nicaragua must guarantee urgently the creation of a solid legislative framework in consultation with the most representative, free and independent social partners, based on pro-poor development strategies, in support of accelerated investment in poverty eradication measures. For this purpose, the Government of Nicaragua will also have to work in close social dialogue with these partners to achieve the targets of SDG 8, Decent work and economic growth. The achievement of economic growth, full and productive employment and decent work for all women and men, including young people and persons with disabilities, are targets that are crucial to combat poverty. And this is taking on greater relevance as, based on the data referred to during these discussions, if the social and political crisis affecting the country were to be prolonged, half of the country would be at risk of poverty by the end of 2019.

A strategy and policies to achieve these objectives rapidly will only be possible, firstly, by guaranteeing the fundamental rights of all citizens and the involvement of the most representative, free and independent social partners, as relevant actors for employment generation. In this respect, we emphasize that both economic growth and full and productive employment and decent work as a source of prosperity will only be achievable if an environment is guaranteed that is conducive to sustainable enterprise. We therefore call on the Government of Nicaragua to request ILO technical assistance and to work with the most representative, free and independent organizations of employers and workers for the strengthening of the necessary pillars to guarantee a conducive environment for the creation of sustainable enterprises, the promotion of entrepreneurship and capacity development to give full effect to the provisions of the Convention. Similarly, SDG 10, Reduced inequality, calls on us to guarantee equality of opportunity and to reduce inequalities of outcome by promoting appropriate laws, policies and practices in this regard.

Moreover, in the context of migration for reasons of poverty faced by Nicaragua, it is important to recall target 10.7 of the SDGs, which calls upon us to facilitate orderly, regular and responsible migration. We encourage the Government of Nicaragua to continue to develop bilateral and regional cooperation plans to guarantee decent working conditions for migrant workers and their families. While we recognize the efforts made by the Government of Nicaragua in this respect, it is necessary to renew these efforts and strengthen collaboration with the most representative employers’ and workers’ organizations in order to address the issue of migration effectively. With ILO technical assistance and the support of the international community, we trust that the Government of Nicaragua will be able to give effect to the recommendations of the Committee of Experts and make progress in promoting the welfare of the people of Nicaragua and improving their standards of living.

Worker members – The Workers’ group notes the measures adopted by the Government with a view to giving effect to the Convention and promoting social progress through sustained economic development.

In recent years, the various programmes and strategies that have been implemented by the Government of Nicaragua have achieved significant results with record growth rates. Nevertheless, we believe that these programmes must be strengthened so that these results are translated into a reduction of inequality and poverty in the country. Around 80 per cent of the population, as recalled here, is vulnerable or poor and there are still important shortcomings in the design and implementation of policies, which can be corrected as soon as possible.

Moreover, the situation of the Nicaraguan population has also been aggravated by the recent social and political crisis which broke out in April 2018.

We recognize the efforts made by the Government through the convening of negotiation forums to seek understanding and peace in Nicaragua. However, Nicaraguans continue to suffer from the social and economic effects of the crisis. We therefore encourage the Government of Nicaragua to continue to engage in dialogue with a view to the most rapid and peaceful resolution of this social and political crisis. We urge the Government of Nicaragua to review its human development policies and strategies, taking into account the pressing need to improve the standards of living of the population. We hope that the process will be carried out on the basis of sustained and meaningful consultations with the social partners and all the stakeholders, with the objective of the adoption of measures to promote the social and economic development of the population, in accordance with the general principles set out in the Convention.

While we note with satisfaction and we hear from the Minister that the social budget will not be reduced, we urge the Government of Nicaragua to carefully reassess any reduction in public expenditure, taking into account its impact on the capacity of the State to comply with its obligations in relation to the well-being and development of the population.

Finally, we invite the Government to promote voluntary forms of savings and facilities for the provision of loans, as we indicated in our opening statement, and to promote the acquisition of financial knowledge among employees and independent producers.

We request the Government of Nicaragua to keep the Committee of Experts informed of any progress that is made in ensuring rapid and sustainable progress in the achievement of the principles set out in the Convention.

Conclusions of the Committee

The Committee took note of the information provided by the Government representative and of the discussion that followed.

Taking into account the information presented by the Government and the discussion, the Committee calls on the Government to urgently:

- ensure that labour market policies are carried out in consultation with the most representative, free and independent workers’ and employers’ organizations in order to help achieve the principles of the Convention No. 117, drawing on ILO technical assistance;

- ensure that migrant workers and families are adequately protected against discrimination; and

- develop and implement sound and sustainable economic and labour market policies, in consultation with the most representative, free and independent workers’ and employers’ organizations.

The Committee encourages the Government to avail itself of ILO Technical Assistance. The Committee requests the Government to provide further information to the Committee of Experts, for consideration at its November 2019 meeting, on measures taken to comply with Convention No. 117.

Government representative – We thank the Governments and social partners for their constructive comments on our case. We reaffirm our commitment as a country and as the Government of Reconciliation and National Unity, to adopt all possible recommendations. In this light, we take note of the Committee’s conclusions and will be reporting back as soon as possible.

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

Follow-up to the Conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussions in the Conference Committee on the Application of Standards, in June 2019, on the application of the Convention. The Conference Committee called on the Government to urgently: (i) ensure that labour market policies are carried out in consultation with the most representative, free and independent workers’ and employers’ organizations in order to help achieve the principles of the Convention, drawing on ILO technical assistance; (ii) ensure that migrant workers and their families are adequately protected against discrimination, and (iii) develop and implement sound and sustainable economic and labour market policies, in consultation with the most representative, free and independent workers’ and employers’ organizations. In this regard, the Conference Committee encouraged the Government to avail itself of ILO technical assistance and to provide further information on measures taken for consideration by the Committee of Experts at its next session.

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee expressed deep concern at the serious situation in the country, stemming from the political and social crisis that began on 18 April 2018 and which had a serious impact on the population’s living conditions. The Committee noted the information in the report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) entitled, “Human rights violations and abuses in the context of protests in Nicaragua, 18 April–18 August 2018”, expressing concern about human rights violations and abuses in the context of the protests in Nicaragua. The Committee noted that since the beginning of the crisis, a great number of individuals had lost their jobs, the number of persons living below the poverty line had increased, pro-Government groups illegally occupied private land and the right to health had been significantly affected. In this regard, the Committee requested the Government to provide information on the results achieved by the National Human Development Plan (PNDH 2012–2016), the Country Partnership Framework for Nicaragua for 2018–2022, and on all measures aimed at improving standards of living of the Nicaraguan population, particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. While noting that the damage caused to the population’s living conditions was a consequence of the country’s political and social crisis, the Committee requested the Government to take the necessary steps to ensure that those measures took account of workers’ basic family needs. The Committee also requested the Government to supply information on all measures taken in that regard as well as their outcome. In that context, the Committee reminded the Government of the possibility of availing itself of ILO technical assistance.

The Committee notes the Government’s indication that, as a result of the implementation of various programmes and social projects, significant progress has been made in increasing the population’s well-being and reducing poverty and extreme poverty. However, the Government reports that in 2018, there was a 3.8 per cent contraction in a number of economic sectors as a result of conflict in the country over the past few months. The Committee also notes the information provided by the Government on programmes implemented for small producers and rural workers between 2014 and 2018. The Government refers, for example, to the implementation of the “Support Project for Adaptation to Change in Markets and the Effects of Climate Change”, through which 14,273 coffee and cacao-producing families received training and technical support. Under the “Special Support Plan for Small-scale Producers”, 205,979 producers benefited from the technical assistance and support were provided to men and women producers. The Government also indicates that, through collective bargaining, the minimum wage has been increased for 380,000 workers in the various economic sectors. With respect to access to healthcare for the Nicaraguan population in the country, the Government indicates that there are 1,520 health-care centres and 66 mobile clinics and that the number of health-care personnel increased from 5,556 to 6,318 doctors and 31,124 to 35,841 health workers. The Government adds that 752,052 workers are registered with the social security system. With regard to education, the Government refers to the development of the “2017-2021 Education Plan”, the objective is to continue improving access to education (especially for members of the indigenous communities and those of African descent), as well as the quality of education and comprehensive training. Lastly, the Government reports the construction of 57,859 houses, with a view to ensuring the right to housing for 236,165 persons. The Committee notes, however, that the Government has still not provided information on the results achieved by the National Human Development Plan (PNDH 2012–2016) and the Country Partnership Framework for Nicaragua for 2018–2022. The Committee once again requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the Country Partnership Framework for Nicaragua for 2018 2022, as well as all measures aiming to ensure an improvement in the living standards of the Nicaraguan population (Article 2), particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. The Committee requests the Government to continue providing information on the steps taken to ensure that such measures take account of workers’ basic family needs, such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to continue providing detailed information on all measures taken in this regard and their outcome.

Part III. Migrant workers. In its previous comments, the Committee requested the Government to provide information on the measures taken to ensure that the working conditions of migrant workers who are required to live away from their homes take account of their family needs. It also requested the Government to provide statistical data on the number of migrant workers required to live away from their homes. The Committee notes that, according to the information supplied by the Directorate-General for Migration and Foreign Nationals, the number of Nicaraguan nationals who have emigrated abroad in search of work, as well as foreign workers who have arrived in the country looking for work, is on the increase. In 2014, 2,641 Nicaraguans emigrated, while in 2018 the number was 336,965. There were 5,194 immigrant workers in Nicaragua in 2014, compared with 183,275 in 2018. The Committee also notes the copy of the agreement concluded between Costa Rica and Nicaragua in December 2007, seeking to regulate binational labour migration management procedures for seasonal workers. The agreement provides that the Government of Costa Rica shall guarantee Nicaraguan workers the same labour rights, pay and entitlements as those legally available to national workers, as well as housing adapted to the safety and health requirements of national legislation. As part of that agreement, the Government refers to the “specific collective recommendation on agricultural workers, approved on 1 September 2017 by the Ministry of Labour and Social Security (MTSS) of Costa Rica, authorizing 750 foreign workers to work for a specified period planting and harvesting melons in Costa Rica. The Committee requests the Government to continue providing up-to-date statistical information, disaggregated by sex and age, on the number of migrant workers required to live away from their homes.

Article 13. Voluntary forms of thrift. In its previous comments, the Committee requested the Government to provide information on the measures taken to encourage wage earners and independent producers to practise the voluntary forms of thrift envisaged by the Convention. The Committee also requested the Government to indicate the measures adopted to protect them against usury, particularly measures aimed at women. The Committee notes the Government’s indication that 524 cooperatives are listed in the National Registry of Cooperatives of the Ministry of the Family, Community, Cooperative and Associative Economy (MEFCCA). The Government adds that those cooperatives offer financial intermediation, both thrift and credit, for their 123,862 associates, of whom almost half (52,588) are women. The Committee requests the Government to continue providing detailed up-to-date information on the measures taken to encourage wage earners and independent producers to practise the voluntary forms of thrift envisaged by the Convention. It also requests the Government to provide specific detailed information on the measures adopted to protect them against usury and, in particular, to specify the measures taken with a view to reducing loan interest rates by regulating loan transactions, and by increasing borrowing facilities for appropriate purposes through cooperative credit organizations or through institutions under the control of the competent authority. The Committee finally requests the Government to continue providing detailed information on the measures adopted in this regard that are intended specifically for women.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee requested the Government to provide information on the results achieved by the National Human Development Plan (PNDH 2012–16) and the other initiatives adopted with a view to ensuring the improvement of the living standards of the population. In this regard, the Committee notes the adoption, in February 2018, of the Country Partnership Framework for Nicaragua for the period 2018–22 with the World Bank, to reduce poverty and promote prosperity for more Nicaraguans. The main objectives of the Framework are to invest in human resources, particularly with regard to groups in vulnerable situations (women, young people, small-scale producers who practise subsistence agriculture, and indigenous communities and communities of African descent in rural areas such as the Corredor Seco and Caribbean regions, in which the majority of people live in poverty and extreme poverty), promote private investment for job creation. Furthermore, in accordance with the document containing the Framework, and given that 80 per cent of the population are vulnerable or poor, and that the labour force will continue to expand over the next 20 years, the Framework also envisages investing in activities focused on improving the functioning of the economy as a whole, ensuring more rapid growth, and helping to create more and better jobs. The Committee observes, however, that the Government’s report does not provide information on the results achieved by the PNDH 2012–16, or on the measures adopted to improve the living standards of the population.

The Committee expresses deep concern regarding the serious situation in the country, which stems from the political and social crisis following the protests that began on 18 April 2018, and which has had a serious impact on the living conditions of the population. In this regard, the Committee notes the information included in the report of the United Nations Office of the High Commissioner for Human Rights (OHCHR) entitled Human rights violations and abuses in the context of protests in Nicaragua, 18 April–18 August 2018, which expresses concern about human rights violations and abuses in the context of the protests in Nicaragua. The Committee notes that, according to the above report, the independent Nicaraguan Foundation for Economic and Social Development (FUNIDES) estimated that, since the beginning of the crisis, 215,000 individuals had lost their jobs and 131,000 had fallen below the poverty line as of 28 June 2018. The report states that the crisis was also characterized by an unprecedented wave of illegal occupations of private land by pro-Government groups. According to the estimations of the Union of Nicaraguan Agricultural Producers (UPANIC), by 31 July 2018, around 4,000 hectares of land had been illegally occupied in the seven departments of the Pacific and the centre of the country. The Higher Council of Private Enterprises (COSEP) has reported other violations of rights, including attacks against enterprises and unjustified delays in the clearance of imported goods. Furthermore, the enjoyment of the right to health has been significantly affected by the crisis, with an estimated 2,000 people injured during the protests. On 25 May 2018, the Nicaraguan Medical Association publicly denounced the manipulation of the public health system through the refusal of medical care for the individuals injured during the protests, including the closure and cordoning-off of hospitals by the authorities, police and/or pro-Government armed elements. Moreover, physicians and other health professionals, including nurses and administrative staff, have been dismissed for treating injured individuals during the protests or for their alleged involvement in the protests, in the same manner as teachers who supported the protests. The Committee also notes that, according to the report, on 14 August 2018, the National Assembly adopted a law that cut public spending by almost US$185 million (approximately 7 per cent of the annual budget). The report indicates that these measures will affect government projects in sectors such as health, housing, justice and education, and could jeopardize the enjoyment of the right to work, health, education and food by the majority of the population, which has already been experiencing the adverse effects of the crisis in recent months. The Committee observes that, according to the information published in October 2018 by the World Bank, which is available on its website, after achieving a record growth rate of 5.1 per cent in 2011, the economy slowed from 4.7 per cent in 2016 to 4.5 per cent in 2017, with a further contraction of 3.8 per cent forecast for 2018. The Committee therefore requests the Government to provide detailed information, including statistics disaggregated by sex and age, on the results achieved by the National Human Development Plan (PNDH 2012–16), the Country Partnership Framework for Nicaragua for 2018–22, and on any measures aimed at ensuring the improvement of the standards of living of the Nicaraguan population (Article 2), particularly with regard to groups in vulnerable situations, such as women, young people, people with disabilities, small-scale producers engaged in subsistence agriculture, and indigenous communities and communities of African descent. While noting the harm caused to the living conditions of the population as a result of the political and social crisis in the country, the Committee requests the Government to take the necessary steps to ensure that these measures take into account essential family needs of workers such as food and its nutritive value, housing, clothing, medical care and education (Article 5(2)). It also requests the Government to supply information on any measures taken in this regard and their outcome. In this context, the Committee reminds the Government of the possibility of availing itself of ILO technical assistance.

Part III. Migrant workers. In reply to the Committee’s previous comments, the Government states that, under the agreement concluded with Costa Rica, 28,452 Nicaraguan workers migrated to Costa Rica in a regulated and orderly manner during the different agricultural cycles between 2006 and 2018. The Government indicates that the majority of migrant workers are men working in the agricultural sector in the production of sugar cane, melons and pineapples. The Committee notes that, in its concluding observations of 11 October 2016, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) observed the considerable number of frontier workers and seasonal workers migrating, in particular to Costa Rica, and increasingly, to Honduras, El Salvador and Panama. The CMW also observed with concern that this migration from the State party was largely driven by poverty, inequality and social exclusion, which could put Nicaraguan migrant workers and members of their family into precarious or insecure situations (CMW/C/NIC/CO/1, paragraphs 51 and 65). The Committee requests the Government to provide updated and detailed information on the measures adopted to ensure that the working conditions of migrant workers who are required to live away from their homes take into account their family needs. The Committee also requests the Government to supply statistical data, disaggregated by sex and age, on the number of migrant workers required to live away from their homes.

Article 13. Voluntary savings. In its previous comments, the Committee requested the Government to provide information on the manner in which savings and credit cooperatives had contributed to encouraging voluntary forms of savings among wage earners and independent producers. The Government indicates that the Minister of the Family Economy, Communities, Cooperatives and Associations (MEFCCA) has registered 277 savings and credit cooperatives, in which 107,615 workers and producers are participating. However, the Committee notes that, in its concluding observations of 11 October 2016, the CMW observed with concern the lack of measures to support access to financial institutions and to promote financial literacy, particularly among women (CMW/C/NIC/CO/1, paragraph 49). The Committee requests the Government to continue supplying updated and detailed information on the measures adopted to encourage wage earners and independent producers to practice the voluntary forms of thrift covered by the Convention. It also requests the Government to indicate the measures adopted to protect wage earners and independent producers against usury, and particularly to specify the measures taken with a view to reducing the rates of interest on loans by the control of the operations of moneylenders, and the encouragement of facilities for borrowing money for appropriate purposes through cooperative credit organizations or through institutions which are under the control of the competent authority. The Committee also requests the Government to provide information on the measures adopted in this regard that are aimed specifically at women.

[The Government is asked to supply full particulars to the Conference at its 108th Session and to reply in full to the present comments in 2019.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information supplied by the Government in the report received in August 2013, in reply to the 2009 direct request. The Government states that the National Human Development Plan (PNDH 2012–16) gives top priority to economic growth with more employment and reduced poverty and inequality, reaffirming the objective of improving the living standards of all Nicaraguans, particularly the poorest among them. The Committee hopes that the Government will include in its next report an updated summary of the results achieved by the PNDH 2012–16 and the other initiatives taken to ensure that “the improvement of standards of living” has been regarded as the principal objective of economic development plans (Article 2 of the Convention).

Part III. Migrant workers. The Committee notes the activities undertaken in the context of the bi-national agreement signed by Nicaragua and Costa Rica, and particularly the agreed model employment contract devised for Nicaraguan workers employed in Costa Rica. The Government indicates that the persons covered by the temporary workers’ programme sign their contracts at the border (Peñas Blancas) in the presence of an official of the Ministry of Labour of Nicaragua. It further indicates that during the period covered by the report, labour migration flows amounted to 10,008 persons. The Committee invites the Government to continue to report on the progress made on issues relating to labour migration covered by the Convention.

Article 13. Voluntary thrift. The Committee takes note of the Government’s indications regarding the increase in savings in 2012 and the gradual development of new financial services for members of savings and loans cooperatives and for the population in general. It notes the establishment in June 2012 of the Ministry of Family Economy, Communities, Cooperatives and Associations. The Committee invites the Government to continue to report on the manner in which savings and loan cooperatives have contributed to encouraging voluntary forms of thrift among wage earners and independent producers.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the report received in January 2009 which includes information on education policies which are also being examined in the context of the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142). The Committee requests the Government to provide information in its next report on the Convention to allow an examination of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2).

Part III. Migrant workers. In reply to previous comments, the Government provides information on projects to manage labour migration flows between Nicaragua and Costa Rica. In August 2006, a Labour Migration Department was created to inform migrant workers about vocational integration conditions in the host country and their productive reinstatement in the event of their return. During the 2006–07 period, nearly 2,000 workers were mobilized in economic activities relating to sugar cane and African palm. The Committee requests the Government to continue providing information on the progress made with regard to the matters relating to labour migration covered by the Convention.

Part IV. Remuneration of workers. The Committee refers to its comments of 2008 on the application of the Protection of Wages Convention, 1949 (No. 95), and the Minimum Wage Fixing Convention, 1970 (No. 131). The Committee requests the Government to include information in its next report on Convention No. 117 concerning the effect given to the provisions of Articles 10 and 11(1) and (5) of the Convention.

Article 13. Voluntary forms of thrift. The Committee notes with interest the information provided on the operation of savings and credit cooperatives to encourage voluntary forms of thrift. The Committee recalls that the Promotion of Cooperatives Recommendation, 2002 (No. 193), recognizes the potential of cooperatives to increase the savings and investment of their members. The Committee requests the Government to include up to date information in its next report on the manner in which savings and credit cooperatives have helped to encourage voluntary forms of thrift among workers and independent producers.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the report received in August 2003 in which the Government provided information on the programmes implemented by INATEC in 2002. The Committee refers to the comments relating to education and vocational training policies that it made in relation to the application of the Human Resources Development Convention, 1975 (No. 142) (Article 15 of Convention No. 117).

2. Part III of the Convention. Migrant workers. In the report received in August 2003, the Government indicates that the migration of Nicaraguan nationals for employment occurs mainly towards Costa Rica and it refers to the bilateral migrant labour agreement of 1993. The Government also emphasizes that over 15 per cent of GDP has its origin in the family remittances of migrant workers. In the Draft National Development Plan provided by the Government with its report on the application of Convention No. 122, received in September 2004, it is indicated that: “Nicaragua has experienced mass internal migration due to urbanization and the advance of agriculture towards the frontier; and external migration, principally to Costa Rica, where 53 per cent of Nicaraguans living abroad are resident, and to the United States, where 35 per cent are resident. One in five Nicaraguan households receives remittances from abroad and one in six has one of its members living permanently abroad (...). The labour migration policy should promote better conditions for the labour force in migration host countries, based on respect for their fundamental rights as set out in national and international labour standards. For this purpose, cooperation agreements will be developed with the principal host countries of Nicaraguan migrants and their regulation and implementation will be promoted by embassies and consulates with a view to achieving the above objectives. At the same time, appropriate information services will be developed to facilitate the orderly and safe mobility of migrant workers, both to host countries and for their return to the country and reintegration into the Nicaraguan labour market. Better channels for the income of migrants will also be promoted so that it can be invested in housing and improved services for the community remaining in Nicaragua through savings and loan schemes.” The Committee hopes that the Government will be able to provide information in its next report on the progress achieved in the implementation of this labour migration policy, which appears to be in full conformity with Convention No. 117.

3. Part IV. Remuneration of workers. With regard to minimum wages, the Committee refers to its observation of 2004 on the application of the Minimum Wage Fixing Convention, 1970 (No. 131), and hopes to be provided with updated information on the matters covered by Article 10 of Convention No. 117.

4. The Committee refers to its comments made on the application of the Protection of Wages Convention, 1949 (No. 95), in which it requested information on the measures of an administrative, legislative or other nature intended to ensure the timely payment of wages and the rapid settlement of any wage arrears which are already outstanding, including the effective strengthening of dissuasive sanctions for the non-payment of wages. The Committee also noted that there did not exist in national laws and regulations any provision prohibiting the employer from limiting in any manner the freedom of the worker to dispose of his/her wages (see Article 11, paragraph 1, of Convention No. 117).

5. The Committee also requested information on the practice relating to works stores or services, and also to indicate any specific measures to ensure that workers are not coerced into making use of them (see Article 11, paragraph 5, of the Convention).

6. In the report received in August 2003 on the application of Convention No. 117, the Government refers to the provisions of the Labour Code on the protection of wages. The Committee would be grateful if the Government would provide updated information in its next report on Convention No. 117 on the points raised previously and on the other matters covered by Convention No. 117, such as voluntarily forms of thrift which may be practised by wage earners and independent producers, and their participation in cooperative credit organizations (Article 13 of the Convention).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the report received in August 2003 in which the Government provided information on the programmes implemented by INATEC in 2002. The Committee refers to the comments relating to education and vocational training policies that it made in relation to the application of the Human Resources Development Convention, 1975 (No. 142) (Article 15 of Convention No. 117).

2. Part III of the Convention. Migrant workers. In the report received in August 2003, the Government indicates that the migration of Nicaraguan nationals for employment occurs mainly towards Costa Rica and it refers to the bilateral migrant labour agreement of 1993. The Government also emphasizes that over 15 per cent of GDP has its origin in the family remittances of migrant workers. In the Draft National Development Plan provided by the Government with its report on the application of Convention No. 122, received in September 2004, it is indicated that: "Nicaragua has experienced mass internal migration due to urbanization and the advance of agriculture towards the frontier; and external migration, principally to Costa Rica, where 53 per cent of Nicaraguans living abroad are resident, and to the United States, where 35 per cent are resident. One in five Nicaraguan households receives remittances from abroad and one in six has one of its members living permanently abroad (...). The labour migration policy should promote better conditions for the labour force in migration host countries, based on respect for their fundamental rights as set out in national and international labour standards. For this purpose, cooperation agreements will be developed with the principal host countries of Nicaraguan migrants and their regulation and implementation will be promoted by embassies and consulates with a view to achieving the above objectives. At the same time, appropriate information services will be developed to facilitate the orderly and safe mobility of migrant workers, both to host countries and for their return to the country and reintegration into the Nicaraguan labour market. Better channels for the income of migrants will also be promoted so that it can be invested in housing and improved services for the community remaining in Nicaragua through savings and loan schemes." The Committee hopes that the Government will be able to provide information in its next report on the progress achieved in the implementation of this labour migration policy, which appears to be in full conformity with Convention No. 117.

3. Part IV. Remuneration of workers. With regard to minimum wages, the Committee refers to its observation of 2004 on the application of the Minimum Wage Fixing Convention, 1970 (No. 131), and hopes to be provided with updated information on the matters covered by Article 10 of Convention No. 117.

4. The Committee refers to its comments made on the application of the Protection of Wages Convention, 1949 (No. 95), in which it requested information on the measures of an administrative, legislative or other nature intended to ensure the timely payment of wages and the rapid settlement of any wage arrears which are already outstanding, including the effective strengthening of dissuasive sanctions for the non-payment of wages. The Committee also noted that there did not exist in national laws and regulations any provision prohibiting the employer from limiting in any manner the freedom of the worker to dispose of his/her wages (see Article 11, paragraph 1, of Convention No. 117).

5. The Committee also requested information on the practice relating to works stores or services, and also to indicate any specific measures to ensure that workers are not coerced into making use of them (see Article 11, paragraph 5, of the Convention).

6. In the report received in August 2003 on the application of Convention No. 117, the Government refers to the provisions of the Labour Code on the protection of wages. The Committee would be grateful if the Government would provide updated information in its next report on Convention No. 117 on the points raised previously and on the other matters covered by Convention No. 117, such as voluntarily forms of thrift which may be practised by wage earners and independent producers, and their participation in cooperative credit organizations (Article 13 of the Convention).

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

The Committee notes the information supplied in the Government's report in response to its earlier comments.

Articles 7 and 8 of the Convention. The Committee notes the succinct information supplied by the Government that the conditions of application of these provisions do not pertain. The Committee reminds the Government that it had previously noted information supplied by the Government in its 1994 report regarding migratory flows from 1979 to 1992. The Committee again requests the Government to indicate whether the magnitude and direction of migration for employment have been analysed; whether measures have been taken to encourage the transfer of part of wages to the area where the worker is from (Article 7); and whether any agreements have been entered into with a foreign State for the purpose of regulating matters of migrant workers (Article 8).

Article 11(b). The Committee refers the Government to its comments under Convention No. 95 regarding the regular payment of wages.

Article 15. The Committee notes the detailed information supplied by the Government in respect of the training and technical education programmes developed by the National Institute of Technology (INATEC). The Committee requests the Government to continue to supply information on the principal goals and objectives of INATEC for the 1997 to 2000 period.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 7 and 8 of the Convention. The Committee earlier noted the information supplied by the Government on the migratory flows. It asks the Government to indicate whether the magnitude and direction of migration for employment have been analysed; whether measures have been taken to encourage the transfer of wages to the area where the worker is from (Article 7); and whether any agreements have been entered into with a foreign State for the purpose of regulating matters of migrant workers (Article 8).

Article 15. The Committee noted the detailed information provided with regard to the vocational training concerning, in particular, the National Institute of Technology (INATEC). It hopes that future reports of the Government will also include information on measures taken for the progressive development of systems of education, vocational training and apprenticeship, in accordance with this provision of the Convention.

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

Articles 7 and 8 of the Convention. The Committee notes the information supplied by the Government on the migratory flows. It asks the Government to indicate whether the magnitude and direction of migration for employment have been analysed; whether measures have been taken to encourage the transfer of wages to the area where the worker is from (Article 7); and whether any agreements have been entered into with a foreign State for the purpose of regulating matters of migrant workers (Article 8).

Article 15. The Committee notes the detailed information provided with regard to the vocational training concerning, in particular, the National Institute of Technology (INATEC). It hopes that future reports of the Government will also include information on measures taken for the progressive development of systems of education, vocational training and apprenticeship, in accordance with this provision of the Convention.

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

The Committee notes that the Governing Body at its 261st Session (November 1994) entrusted the examination of a representation made by the Latin American Central of Workers (CLAT), under article 24 of the Constitution, alleging non-compliance by Nicaragua with certain Conventions including Convention No. 117, to a tripartite committee.

Pending the Governing Body's adoption of the conclusions and recommendations of the above committee, the Committee is addressing a direct request to the Government concerning the application of Articles 7, 8 and 15 of the Convention, which are not referred to in the above-mentioned representation.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Governing Body adopted at its 264th Session (November 1995), the report of the committee set up to examine the representation made by the Latin American Central of Workers (CLAT) under article 24 of the Constitution, alleging non-observance of certain Conventions including Convention No. 117 by Nicaragua. In the above report, the Government is requested to take the necessary measures, in accordance with Article 11 of the Convention, to ensure compliance by all enterprises with the legislative provisions such as the Labour Code, relating to the protection of wages, and in particular the regular payment of wages. The Committee requests the Government to refer to the observation made under Convention No. 95 concerning the same issue.

The Committee is also addressing a direct request on certain other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's indication in its report that it is elaborating the draft Labour Code with the assistance of the ILO and requests the Government to keep it informed.

Noting that the Government's report does not contain a response to the Committee's previous request concerning Article 7 of the Convention, the Committee requests the Government to provide information on the magnitude and direction of migratory flows within the country, as well as information on international migration so that a better basis can be obtained for assessing the necessity and the effectiveness of measures covered by Articles 7 and 8.

Article 15. Further to its previous comments, the Committee notes the information supplied by the Government regarding education and training, in particular, the statement that primary education is provided free of charge in all the regions of the country. It requests the Government to continue supplying information on measures taken for the progressive development of education, vocational training and apprenticeship in accordance with this Article.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee takes note of the information furnished by the Government in reply to its previous direct request, particularly that concerning Articles 8 and 12. It would like, however, to have some information on the following points:

Article 7 of the Convention. The Government states in its report that the matters provided for by this Article are governed by the provisions of the Labour Code. Nevertheless, the Committee points out that Article 7 provides for the taking of measures to encourage the transfer of part of the workers' wages and savings from the area where the labour is used to the area the labour comes from, with a view to protecting internal migrant workers. The Government has pointed out earlier that, in addition to what is laid down by the Labour Code, there are relevant provisions in the "Wage regulations for coffee-harvest activities, 1985-86" that deal with internal migration. Neither in the wage regulations nor in the Labour Code, however, are there any provisions that give real effect to the terms of this Article. The Committee would therefore be grateful if the Government would indicate the measures taken or under consideration to give effect to this Article of the Convention.

Article 15. With reference to its earlier comments, the Committee would be grateful if the Government would furnish information on the practical measures taken for the progressive development of primary education, vocational training and apprenticeship of children and young persons of both sexes and indicate the areas of the country in which primary education is available.