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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. With regard to the application of sections 182 and 182 bis of the Criminal Code (as amended by Act No. 896 of 2015 against trafficking in persons) in cases of trafficking in children, the Committee notes the information provided by the Government on the status of different cases concerning trafficking in children for the purposes of sexual and/or labour exploitation. In 2019, two cases were prosecuted and three were investigated; in 2020 one case was investigated; in 2021 seven cases were registered, six of which were prosecuted; and in 2022 one case was investigated. The Committee requests the Government to continue providing information on infringements detected, investigations conducted, proceedings launched, convictions handed down and penalties imposed under the Act against trafficking in persons, in situations relating to the sale and trafficking of children for the purposes of sexual or labour exploitation.
Article 7(2)(b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children. The Committee notes the Government’s information that, between 2019 and the first quarter of 2022, assistance was provided for 10 persons under 18 years who were victims of trafficking in persons. All victims were ensured comprehensive support, including protection of their physical integrity, assistance with basic hygiene and food needs, medical and psychological support, safe and adequate housing, and legal advice. The Committee requests the Government to continue providing information on the measures taken to assist, remove and reintegrate children who are victims of trafficking in persons, and their results.
Article 7(2)(d). Children at special risk. Street children. The Committee notes the Government’s indication that it has implemented a “return to love” (“retorno amoroso”) strategy for street children to guarantee their reinsertion into a family setting and has increased the number of substitute homes that provide temporary care for these children. The Government also indicates that it has contributed to the increase in enrolment of at-risk children and adolescents through visits to families in their homes, schools and sectors at risk. The Committee requests the Government to continue providing information on the measures taken to protect street children from the worst forms of child labour, and their results.

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

Articles 3(d) and 7(2)(b) of the Convention. Hazardous work. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s indication in its report under the Minimum Age Convention, 1973 (No. 138) that, between 2018 and the first quarter of 2022, 7,395 special child labour inspections were conducted, 927 of which in the agricultural sector and 36 in quarry and salt mines. As a result of those inspections, 12 boys and 4 girls were ordered to be immediately removed from their workplace. The Committee requests the Government to continue taking measures to detect and penalize situations where children under 18 years are working in hazardous occupations, including in the agricultural and mining sectors. In this respect, it requests the Government to continue providing information on the number of inspections carried out, infringements detected and penalties imposed. Lastly, it requests the Government to continue taking measures to remove and rehabilitate children from this worst form of child labour, and provide information on the results achieved in this respect.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication in its report that in order to improve children’s access to education, distance learning modalities have been implemented for primary and secondary levels, and that school kits have been provided. It notes that one of the objectives of the National Plan against Poverty for Human Development 2022–2026 is to have, by 2026, 94 per cent of children in school and 96.9 per cent completing school at primary level (6 to 12 years old); and 93 per cent of children in school and 95.6 per cent completing school at secondary level (12 to 17 years old). It also sets out training for 20,000 schoolteachers and headteachers in the proper use of educational technology, and for 260,000 students, teachers and parents through counselling measures among educational communities. The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights, in its 2021 concluding observations concerning Nicaragua, expressed its concern about shortcomings in the quality of school infrastructure and materials and in the content of curricula and the training of teachers, particularly in rural areas and on the Caribbean coast (E/C.12/NIC/CO/5 paragraph 46). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, to all children. In this respect, it requests the Government to provide information on the results of the National Plan against Poverty for Human Development relating to primary and secondary education, including updated statistics on rates of enrolment, attendance and completion in school.
The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments the Committee requested the Government to provide information on the implementation of the Act against trafficking in persons of 2015, and on the activities of the National Coalition against Trafficking in Persons with a view to combating the trafficking of children and the protection of victims. The Committee requested the Government to provide information on the number of violations reported, investigations, prosecutions, convictions and penalties applied under the Act against trafficking in children.
The Committee notes from the Government’s report the various training and awareness-raising activities undertaken by the National Coalition against Trafficking in Persons, coordinated by the Ministry of the Interior. These activities consisted of: (i) 127 working groups on the prevention of trafficking in persons; (ii) 88 specific training courses on the Act against trafficking in persons (Act No. 896) for 43,098 public officials from 13 governmental bodies; (iii) 522 prevention activities organized on the subject of trafficking in persons and in children, such as community assemblies, training, seminars, forums, mobile cinema and discussions with children in primary and secondary education; and (iv) 7,656 awareness-raising activities on the prevention of the crime of trafficking in persons, including nine televised campaigns, 66 radio campaigns, 6,883 brochures and 700 posters and flyers. In total 393,762 persons, including public officials have been subject to awareness-raising or trained on trafficking in persons.
The Committee takes due note of the investigations carried out into five cases of trafficking in persons, which resulted in assistance being provided to 12 persons, including four children, three prosecutions followed by convictions at the Supreme Court of Justice and eight persons investigated by the judiciary. The Committee therefore requests the Government to continue providing information on the number of violations reported, investigations, prosecutions, convictions and penalties applied in cases of trafficking in children.
Article 3. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee requested the Government to continue intensifying its efforts to ensure that children under 18 years of age employed in agriculture are not engaged in hazardous types of work and requested the Government to provide information on the number of inspections carried out, violations reported and penalties imposed.
The Committee notes from the Government’s report that the special inspection services carried out 278 inspections in the agricultural sector in 2017,detecting 118 violations involving children. According to the Government, the corresponding measures were applied by labour inspectors for the violations detected. Nevertheless, the Government’s report does not provide further information on the type of penalties imposed. The Committee therefore requests the Government to provide additional information on the nature of the violations detected and the penalties imposed in its next report.
2. Hazardous child domestic labour. In its previous comments, the Committee requested the Government to pursue its efforts to ensure the protection guaranteed by Act No. 666 of 4 September 2008 to children and young persons in domestic work and to continue providing information on the number of inspections carried out, and the penalties imposed on those responsible for the violations.
The Committee notes the Government’s indication in its report that 78 labour inspections were carried out in households, during which 48 violations were detected concerning young persons engaged in domestic work. Measures were taken on the spot by labour inspectors to bring these violations to an end. According to the Government’s indications in its report, the Committee nevertheless notes a significant fall in the number of labour inspections (1,999 inspections in 2016 compared with 78 in 2017). The Committee urges the Government to reinforce labour inspections and once again requests the Government to indicate whether penalties have been imposed on those responsible for the violations found.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and sexual exploitation of children. In its previous comments the Committee requested the Government to provide information on the number of children removed from the worst forms of child labour and who have benefitted from the services of private centres or from other rehabilitation and social integration measures. The Committee requested the Government to provide information on the measures taken to remove all children under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration.
The Committee notes the absence of information in the Government’s report on the trafficking and commercial sexual exploitation of children. The Committee once again requests the Government to provide detailed information on the time-bound measures taken to remove all children under 18 years of age from trafficking and commercial sexual exploitation and for their rehabilitation and social integration. It also requests the Government to indicate the number of children removed from these worst forms of child labour who have benefited from the services of private shelters or from other rehabilitation and social integration measures.
Article 7(2). Clause (d). Children at special risk. Street children. In its previous comments, the Committee noted the high number of children living on the streets and the Government’s indication that various measures were being taken to address the issue in the context of the implementation of the “Love” programme, which is the national strategy to assist street children. The Committee requested the Government to pursue its efforts and to continue providing information on the measures taken and the results achieved to protect these children from the worst forms of child labour.
The Committee takes due note of the Government’s report, according to which the “Love” programme has provided support to 113 girls, boys and young persons who were working on the streets. They have been integrated in a day prevention centre, the “Zacarias Guerra” centre, with a view to raising their educational level to enable them to join the current academic year. Furthermore, these children have attended various technical courses according to their individual interests, such as jewellery making, painting, baking and cooking. The Committee notes that this programme aims to promote collaboration between institutions to ensure girls’, boys’ and young persons’ access to social integration, and continued schooling. The programme has also enabled them to attend vocational training courses, socio educational and sports activities, recreational and cultural activities. The programme has also provided the families of the children vocational training courses, socio-educational workshops and family advice services. The Committee takes due note of the psychological care provided to girls, boys and young persons by the centre throughout the process. In view of the vulnerability of children in street situations, the Committee once again requests the Government to continue providing information on the measures taken by the Government to protect street children under 18 years of age from the worst forms of child labour.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee requested the Government to provide information on the measures taken for the implementation of the regional initiative “Latin America and the Caribbean free of child labour”, which has the mandate of reinforcing intergovernmental cooperation to combat child labour through preventive action and institutional coordination, both within and between sectors.
The Committee notes the Government’s indication that there has been an improvement in the exchange of information between police forces at the regional level through the regional operations of the programme “ROCA I Regional Operation”, undertaken jointly by the countries of Central America, Mexico, the Caribbean and Colombia. The Committee encourages the Government to continue its efforts of regional cooperation to combat trafficking. It once again requests the Government to provide information on the measures taken for the implementation of the regional initiative “Latin America and Caribbean free of child labour”.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted that, despite the Government’s efforts to improve the school attendance rate, the percentage of children had increased in secondary school, but remained low. The Committee requested the Government to continue taking the necessary measures to improve the school attendance and completion rates, while giving particular emphasis to inequalities in access to education related to gender and regional disparities. It also requested the Government to provide information on the results achieved, disaggregated by age and gender.
The Committee takes due note of the statistical information provided in the Government’s report which indicates that there was an increase in school attendance in 2017. The Committee also notes that, in the context of the measures adopted by the Government to improve school attendance and completion rates, while giving special emphasis to inequalities, the “Love” programme resulted in the integration in school of 19,665 girls, boys and young persons in 2017, and the promotion of 18,000 students to higher levels.
The Committee notes the Government’s indication that girls, boys and young persons in a difficult situation or a situation of inequality are provided with support by educational centres through an early warning system, which facilitates the support and care provided to them. Similarly, the centres offer a prevention service for situations of vulnerability, such as early pregnancy for young girls, gender and other types of discrimination.
The Committee notes the awareness-raising activities described in the Government’s report, including: (i) the launching of a day for the “Promotion of values”, which benefitted from the participation of 6,677 education centres and 777,047 stakeholders from the education community; (ii) the training of 14,618 school security brigades with the participation of 147,520 students, parents and teachers; and (iii) weekly meetings on “Growing up with values”, which benefited 823,786 students and 34,648 teachers in 7,976 education centres in the country. It also notes an activity which, according to the Government, had a major impact on the education community, namely the “questions letterbox and messages board”. This activity allowed the early detection of certain situations of difficulty among students. The Committee further notes that the Government reinforced the promotion of values and the prevention of situations of risk among children through the creation of an educational game application “Valopis” which, according to the Government, reinforced the solidarity among students through play. While taking due note of the measures taken by the Government to improve the operation of the education system, the Committee encourages it to pursue its efforts to facilitate the access to education of all children, and particularly girls. It also requests the Government to provide information on the results achieved, disaggregated by age, gender and region.
Clause(b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Hazardous labour in agriculture. In its previous comments, the Committee requested the Government to provide information on the specific results achieved under the various programmes aimed at removing children and young persons from hazardous types of work in agriculture and on the measures taken to ensure their rehabilitation and social integration.
The Committee notes the information provided by the Government on the action it has taken for the prevention of child labour in various economic sectors including: 5,998 agreements concluded between employers and the Government and special visits to 1,801 workplaces with a view to providing information to 2,815 young persons on abuses at the workplace. Nevertheless the Committee notes that the Government has not provided information on the specific measures taken in the agricultural sector. While taking due note of the measures taken by the Government, the Committee encourages it to continue its efforts and requests it once again to provide information on specific results achieved through programmes to remove children and young persons from hazardous work in the agricultural sector and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other matters in a request addressed directly to the Government

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

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and sexual exploitation of children. In its previous comments, the Committee noted that the Ministry of the Family, Young Persons and Children appeared to be responsible only for the care of child victims of trafficking under the age of 13 years. It also noted the adoption of the General Migration and Foreigners Act (No. 761) of 31 March 2011, which provides that the authorities shall provide special protection to child victims of trafficking (section 220). The Committee noted that there was a project to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. Consequently, the Committee recalled that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under 18 years of age.
The Committee notes the Government’s indication in its report that Nicaragua has several private centres for the protection of young persons, which are subsidized and supervised by the Ministry of the Family, Young Persons and Children. These centres cater for young persons and enable them to maintain links with their families, where this does not pose a threat to their safety. The Committee encourages the Government to continue taking effective and time-bound measures to remove all children under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It also requests the Government to indicate the number of children who have been removed from these worst forms of child labour and who have benefited from the services of private centres or from other rehabilitation and social integration measures.
Clause (d). Children at special risk. Street children. The Committee previously noted the large number of children living on the streets. The Committee also noted that the “Love Programme” is the national strategy for assistance to street children, providing education for children and vocational training for parents. In this context, the Ministry of the Family, Young Persons and Children, in coordination with other relevant ministries, had strengthened its efforts and catered for 18,380 street children. A total of 23,555 street children had been placed in the education system.
The Government indicates that it has taken various measures as part of the implementation of the “Love Programme”. Accordingly, inter-institutional alliances have been strengthened to ensure children’s return to school, integration in training courses before entering the world of work and socio-educational and cultural activities. The Government indicates that, as a result of the “Love Programme”, a total of 38,729 children and young persons entered the national education system in 2015–16. Considering the vulnerability of street children, the Committee requests the Government to pursue its efforts and continue providing information on the measures taken and results achieved to protect these children from the worst forms of child labour.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a protocol on procedures for the repatriation of children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to providing special protection for child victims of trafficking and facilitating their repatriation.
The Committee notes the Government’s indication concerning the procedure in place for the repatriation of child victims of trafficking. However, the Government indicates that in 2015–16 there were no cases of repatriation. The Committee also notes that Nicaragua forms part of the “Regional Initiative: Latin America and the Caribbean free of child labour”, whose mandate is to reinforce intergovernmental cooperation on combating child labour through preventive action and institutional coordination, both within and between sectors. The Committee requests the Government to supply information on the measures taken to implement the Regional Initiative.

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

Articles 3(a) and (b), and 7(1) of the Convention. Sale and trafficking of children, use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted the provisions of the Penal Code which prohibit and penalize the sale and trafficking of children, the sexual exploitation of children and the use of children in the production of pornography or pornographic performances. The Government indicated that the Public Prosecutor’s Office had initiated criminal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences relating to pornography and paid sexual acts with minors. The Committee also noted the capacity-building measures for law enforcement bodies adopted by the Government, with such measures having reached a total of 1,500 public officials. The Committee further noted that the Public Prosecutor’s Office, the police and the Nicaraguan Institute of Tourism (INTUR) had carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate criminal proceedings and direct child victims to specialized shelters. In addition, INTUR had launched an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.
The Committee notes with interest the adoption in 2015 of the Act against Trafficking in Persons. Section 1 of the Act defines its purpose as being the prevention of trafficking in persons and the prosecution and punishment of perpetrators, and also defines specific and effective mechanisms for saving victims, particularly children and young persons. Section 3 provides that the Act shall apply to the perpetrators of trafficking both inside and outside the country. The Committee also notes that section 7 provides for the setting up of a National Coalition against Trafficking in Persons, which shall be responsible for formulating, implementing, evaluating and monitoring public policies for the prevention, prosecution and punishment of trafficking and also for the protection of victims. The Committee notes the Government’s indication in its report that in 2015–16 prosecutions were initiated in 17 cases, resulting in 14 convictions for sexual exploitation, pornography and paid sexual acts with young persons. The Government also indicates that prosecutions were launched in 11 cases, yielding nine convictions for the offence of trafficking in persons, without specifying the number of cases in which the victims were under 18 years of age. The Committee requests the Government to provide information on the implementation of the Act against Trafficking in Persons and also on the activities of the National Coalition against Trafficking in Persons, aimed at combating the trafficking of children and providing protection for victims. It requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties applied under the Penal Code.
Article 3. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee noted that 70.5 per cent of children between the ages of 7 and 14 years worked in agriculture. It also noted the adoption of Ministerial Decision JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of hazardous types of work. The Committee also noted the steps taken by the Government relating to special inspection services to give effect to Ministerial Decision JCHG-08-06-10, with particular emphasis on the protection of children working in limestone quarries. The Committee noted the Government’s indication that inspections were conducted in 1,272 workplaces covering all sectors of the economy, where 236 children were identified as working in hazardous conditions, and that in the wake of these inspections 1,758 young persons benefited from protection measures relating to their rights as workers. The Government also indicated that it had implemented specific inspection plans relating to child labour in the departments of Jinotega and Matagalpa, which are characterized by their high levels of coffee production.
The Committee notes the Government’s indication that a total of 194 violations were reported in the agricultural and stockbreeding sectors. It also notes that a total of 2,831 certificates were issued to young persons between 14 and 18 years of age, in accordance with Ministerial Decision JCHG-08-06-10 concerning the prohibition of hazardous work for children and young persons. However the Committee notes once again that the Government’s report does not contain any information on the number of violations reported or the penalties imposed. The Committee requests the Government to continue intensifying its efforts to ensure that children under 18 years of age employed in agriculture do not perform hazardous work. In this regard, the Committee requests the Government to continue providing information on the application of Ministerial Decision JCHG-08-06-10 of 19 August 2010 in practice, including the number of inspections carried out, violations reported and penalties imposed.
2. Hazardous child domestic labour. In its previous comments, the Committee noted the information supplied by the Government on the application of the Domestic Work Act (No. 666) of 4 September 2008, which protects young persons in domestic service by laying down recruitment and working conditions and prescribing penalties for abuse or humiliation of workers or violence against them. It also noted the Government’s indication that 1,999 labour inspections had been carried out in households where 17 young persons were found engaged in domestic work. As regards follow-up to the registration of children and young persons engaged in domestic work, the Government stated that five seminars organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua to provide information on rights at work and educational scholarships had been attended by 149 young persons.
The Committee notes the Government’s indication that special inspections have been carried out as part of the implementation of Ministerial Decision JCHG-08-06-10. Accordingly, 39 cases of young persons working in domestic service have been reported. The Government states that employers have been instructed by means of an administrative decision to put a stop to these violations. The Committee requests the Government to pursue its efforts to ensure the protection guaranteed by Act No. 666 of 4 September 2008 to children and young persons in domestic work and to continue providing information on the number of inspections carried out. Noting the violations reported, the Committee requests the Government to indicate whether penalties have been imposed on the perpetrators.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Ministry of Education had enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. It also noted that despite the Government’s efforts, the percentage of children in secondary education remained low despite some improvement (43 per cent for boys and 49 per cent for girls). The Committee notes the UNICEF country programme document for 2013–17, which indicates that the Government will place special emphasis on the educational system of the autonomous regions to provide intercultural and bilingual education so that indigenous children and children of African descent have access to quality education. According to the document, the Government will also continue to improve school infrastructure in terms of access to water and sanitation in schools (E/ICEF/2012/P/L.31, paragraphs 36 and 38). The Committee requests the Government to continue to take the necessary steps to improve the functioning of the education system and to improve the school attendance and completion rates, while placing particular emphasis on tackling gender inequalities in access to education and regional disparities. It also requests the Government to provide data on the results achieved, disaggregated by age and gender.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. In its previous comments, the Committee noted that as part of the “Coffee harvesting without child labour” programme, a number of tripartite cooperation agreements had been signed between the Ministries of Labour, Education and Health, coffee producers and key actors in the agricultural sector. The Committee also noted that as part of the “From work to school” programme, a number of children had been withdrawn from working in mines and breaking stones in the municipalities of Chinandega, El Rama and El Bluff. The programme provided these children with services in the areas of education, health care and recreation.
The Government indicates that as a result of implementing various programmes aimed at protecting the rights of children and young persons in agriculture, the participation of employers, producers and the general public has increased and the model of dialogue and consensus between employers, workers and the Government has improved. While duly noting the general progress indicated by the Government, the Committee encourages the Government to pursue its efforts and requests it to provide information on the results achieved under the various programmes aimed at withdrawing children and young persons from hazardous work in agriculture and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted Act No. 641 of 16 November 2007 issuing the new Penal Code, which prohibits and penalizes the sale and trafficking of children; the use, procuring or offering of a child for prostitution; and the production of pornography or pornographic performances. On the basis of the concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, by the Committee on the Rights of the Child (CRC) (CRC/C/OPSC/NIC/CO/1, paragraphs 21 and 27), the Committee noted that given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice there had been few sentences.
The Committee notes that on 26 January 2012, Act No. 779 on violence against women and law reforms to the Penal Code (Act No. 641) was adopted, amending section 182 of the Penal Code by increasing penalties to 12 to 14 years’ imprisonment in case the victim is a minor under 18 years of age (previously ten to 12 years’ imprisonment). The Committee notes the Government’s indication that the Prosecutor has initiated penal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences concerning pornography and paid sexual acts of minors.
The Committee notes the measures undertaken by the Government to build the capacity of bodies responsible for law enforcement. According to the information provided by the Government in its report, these activities have reached a total of 1,500 officials, including the Department of Immigration and Foreigners, the police, the prosecutor, Nicaraguan consulates in Central American countries and the Ministry of Interior and its delegates in all 17 departments of the country. In addition, special measures have been taken to alert and capacitate border posts. The Committee further notes the Government’s indication that the Prosecutor, the police and the Nicaraguan Institute of Tourism (INTUR) have carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate penal proceedings and direct child victims to specialized shelters. In addition, INTUR has set up an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.
While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that the Government’s report contains no information on the sentences handed down and penalties applied. The Committee, therefore, requests the Government to pursue its efforts to strengthen the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are carried out and completed, that perpetrators are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. It reiterates its requests to the Government to provide information on the number of violations reported, investigations held, prosecutions, convictions and penalties applied under Act No. 641 of 16 November 2007 (as amended by Act No. 779 of 26 January 2012).
Article 6. Programmes of action. Trafficking. The Committee previously noted the adoption of the Strategic Plan against Trafficking in Persons (2010–14). The Committee notes that the National Coalition against Trafficking in Persons, which comprised of the police, relevant ministries, the Supreme Court of Justice and civil society and non-governmental organizations, is responsible for implementing the Strategic Plan against Trafficking in Persons. The Strategic Plan focuses on prevention, prosecution, assistance and integration of victims, planning and monitoring. The Committee notes in this regard the capacity building activities of law enforcement officials mentioned above, as well as the capacity building of 2,000 school counsellors and the establishment of working groups on capacity building, assistance to victims, prosecution and regional cooperation. In addition to the awareness-raising activities carried out by INTUR to prevent child sex tourism, the Committee also notes the Government’s indication that large-scale information campaigns have been carried out through magazines, television and by celebrities to fight trafficking in persons. The Committee notes, moreover, the various measures undertaken in this connection to combat sexual violence against children. The Committee requests the Government to continue to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–14) and on the results obtained in terms of eliminating child trafficking.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the low secondary school attendance ratios and the large number of adolescents outside the school system. It requested the Government to take measures to improve the functioning of the education system, paying particular attention to inequalities in access to education linked to gender and regional disparities.
The Committee notes that according to the statistics available through the UNESCO Institute for Statistics, the percentage of children that attended secondary education in 2010, while an improvement compared to 2009, remains low at 43 per cent for boys and 49 per cent for girls. Yet, the Committee notes the recent efforts undertaken by the Government to improve enrolment ratios; according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)”, the Ministry of Education in 2012 enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. While noting that the Government’s report contains no information on this point and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system, and requests it to take steps to increase the secondary school attendance and completion rates. The Committee requests the Government to pay particular attention in this regard to inequalities in access to education linked to gender and regional disparities. It also refers on this point, to its comments made under the Minimum Age Convention, 1973 (No. 138), likewise ratified by Nicaragua.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that the Ministry of the Family, Childhood and Adolescence (MIFAN) appeared to be responsible only for the care of child trafficking victims under the age of 13 years. On the basis of the concluding observations of 20 October 2010 of the CRC, the Committee also noted that strengthened efforts were needed to better identify victims of the sale of children, child prostitution and child pornography and to ensure the rehabilitation and social integration of these children through specialized shelters (CRC/C/OPSC/NIC/CO/1, paragraphs 33 and 37).
The Committee notes the adoption of the General Law on Migration and Foreigners Law No. 761 of 31 March 2011, which provides that the authorities should provide special protection to child victims of trafficking (section 220). The Committee notes the Government’s indication in its report that a project is ongoing to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. The Committee further notes the Government’s information that 30 child victims of trafficking have been assisted by social programmes of the Government. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. In this regard, the Committee points out that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under the age of 18. The Committee therefore strongly encourages the Government to take effective and time-bound measures to remove all children under 18 from trafficking and commercial sexual exploitation and to rehabilitate and socially integrate them. It also requests the Government to indicate whether the specialized shelter for children has been set up and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.
Clause (d). Children at special risk. Street children. The Committee previously noted that in its concluding observations of 20 October 2010, the CRC expressed concern at the large number of children living in the streets (CRC/C/NIC/CO/4, paragraph 74). The Committee notes that the “Love Programme” is the national strategy for integral assistance to street children providing education to children and vocational training for parents. In this context, the MIFAN, in coordination with other relevant ministries, has strengthened its efforts and benefited 18,380 street children in 2011 (compared to 1,909 children in 2006). In the period 2007–11, a total of 23,555 street children were placed in the education system. Another component of the “Love Programme” have been activities to promote the civil registration of children, as a result of which in the period 2008–11 a total of 96,202 children under 12 years old were registered. Considering the vulnerability of street children, the Committee requests the Government to continue to provide information on the measures taken and results achieved to protect these children from the worst forms of child labour.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a Protocol on repatriation procedures for children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation.
The Committee notes the Government’s indication in its report as regards the main principles governing the protocol (such as best interests of the child, confidentiality and universality) and the steps to be undertaken to ensure repatriation of children and young persons who are victims of trafficking. The Committee notes, however, that the Government’s report contains no information on the implementation of the Protocol, indicating the number of child victims of this worst form of child labour who have been repatriated. The Committee reiterates its request to the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking, indicating the number of child victims of this worst form of child labour who have been repatriated.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee noted the adoption of Ministerial Agreement JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of the types of hazardous work. It also noted the information provided by the Government in its report as regards the measures undertaken to give effect to Ministerial Agreement JCHG-08-06-10, including special inspection services, with particular emphasis on the protection of children working in quarrying limestone. The Committee finally noted that according to the statistics of the 2005 national study on child labour (ENTIA 2005) 70.5 per cent of children between the ages of 7 and 14 years worked in agriculture.
The Committee notes the Government’s information in its report that inspections were conducted in 1,272 establishments covering all sectors of the economy, where 236 children were identified as working in hazardous conditions. The Government indicates that, further to those inspections 1,758 young persons benefited from protection measures about their rights at work. The Committee also notes the Government’s information that a total of 3,975 agreements were signed with employers committing to not to use child labour and 1,691 certificates were issued to young persons so that their activities can be covered by the legal provisions addressing child labour. The Government also indicates that it has implemented specific inspection plans on child labour in the departments of Jinotega and Matagalpa, characterized by their high productivity of coffee. Finally, it mentions that it has conducted training workshops for 10,982 young workers on the legal framework on hazardous child labour. However, the Committee notes that the Government’s report does not contain any information on the number of violations detected regarding hazardous work by young persons and on the penalties imposed. The Committee requests the Government to continue to strengthen its efforts to ensure that children under 18 years of age employed in the agricultural sector are not engaged in hazardous work. In this regard, the Committee requests the Government to continue providing information on the application of Ministerial Agreement JCHG-08-06-10 in practice, including the number of inspections carried out, violations detected and penalties imposed.
2. Domestic work by children. In its previous comments, the Committee noted the information provided by the Government as regards the application of Act No. 666 of 4 September 2008 on domestic work, which protects young persons in domestic service by laying down recruitment and working conditions, penalties for abuse, violence or humiliation and provisions on the promotion of education of these young domestic workers. It also noted that since the adoption of the Act, 8,483 labour inspection visits were carried out at homes in order to monitor the working conditions of children and young persons employed as domestic workers, ensuring the protection of 601 children and young persons. Moreover, as a follow-up to the registration of children and young persons engaged in domestic work, the Government stated that five seminars were organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua, attended by 149 young persons to provide information about their rights at work and educational scholarships.
The Committee notes the Government’s indication that 1,999 labour inspections were carried out at homes and identified 17 young persons engaged in domestic work. The Committee requests the Government to continue its efforts to ensure the protection guaranteed by Act No. 666 of 2008 to children and young persons in domestic work as well as to provide information on the number of inspections carried out in this regard. Further, noting again an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of violations detected and penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. In its previous comments, the Committee noted the Government’s indication that as part of the “Coffee harvesting without child labour” programme, a number of collaborative tripartite agreements were signed between the Ministries of Labour, Education and Health, and coffee producers and key actors in the agricultural sector. In 2010–11 a total of 1,371 children benefited from this programme in the departments of Jinotega, Matagalpa and Carazo. The Committee also noted that as part of the programme “From work to school” a number of children were withdrawn from working in mines and breaking rocks in the municipalities of Chinandega, El Rama and El Bluff. The programme provided these children with educational, health care and recreational services and supplied young persons with tools (such as sewing machines, worktables, irons) with the objective of promoting self-employment and collective cooperation. Noting the absence of information in the Government’s report, the Committee once again encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained under the various programmes aimed at withdrawing children and young persons from carrying out hazardous work in the agricultural sector and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted Act No. 641 of 16 November 2007 issuing the new Penal Code, which prohibits and penalizes the sale and trafficking of children; the use, procuring or offering of a child for prostitution; and the production of pornography or pornographic performances. On the basis of the concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, by the Committee on the Rights of the Child (CRC) (CRC/C/OPSC/NIC/CO/1, paragraphs 21 and 27), the Committee noted that given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice there had been few sentences.
The Committee notes that on 26 January 2012, Act No. 779 on violence against women and law reforms to the Penal Code (Act No. 641) was adopted, amending section 182 of the Penal Code by increasing penalties to 12 to 14 years’ imprisonment in case the victim is a minor under 18 years of age (previously ten to 12 years’ imprisonment). The Committee notes the Government’s indication that the Prosecutor has initiated penal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences concerning pornography and paid sexual acts of minors.
The Committee notes the measures undertaken by the Government to build the capacity of bodies responsible for law enforcement. According to the information provided by the Government in its report, these activities have reached a total of 1,500 officials, including the Department of Immigration and Foreigners, the police, the prosecutor, Nicaraguan consulates in Central American countries and the Ministry of Interior and its delegates in all 17 departments of the country. In addition, special measures have been taken to alert and capacitate border posts. The Committee further notes the Government’s indication that the Prosecutor, the police and the Nicaraguan Institute of Tourism (INTUR) have carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate penal proceedings and direct child victims to specialized shelters. In addition, INTUR has set up an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.
While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that the Government’s report contains no information on the sentences handed down and penalties applied. The Committee, therefore, requests the Government to pursue its efforts to strengthen the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are carried out and completed, that perpetrators are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. It reiterates its requests to the Government to provide information on the number of violations reported, investigations held, prosecutions, convictions and penalties applied under Act No. 641 of 16 November 2007 (as amended by Act No. 779 of 26 January 2012).
Article 6. Programmes of action. Trafficking. The Committee previously noted the adoption of the Strategic Plan against Trafficking in Persons (2010–14). The Committee notes that the National Coalition against Trafficking in Persons, which comprised of the police, relevant ministries, the Supreme Court of Justice and civil society and non-governmental organizations, is responsible for implementing the Strategic Plan against Trafficking in Persons. The Strategic Plan focuses on prevention, prosecution, assistance and integration of victims, planning and monitoring. The Committee notes in this regard the capacity building activities of law enforcement officials mentioned above, as well as the capacity building of 2,000 school counsellors and the establishment of working groups on capacity building, assistance to victims, prosecution and regional cooperation. In addition to the awareness-raising activities carried out by INTUR to prevent child sex tourism, the Committee also notes the Government’s indication that large-scale information campaigns have been carried out through magazines, television and by celebrities to fight trafficking in persons. The Committee notes, moreover, the various measures undertaken in this connection to combat sexual violence against children. The Committee requests the Government to continue to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–14) and on the results obtained in terms of eliminating child trafficking.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the low secondary school attendance ratios and the large number of adolescents outside the school system. It requested the Government to take measures to improve the functioning of the education system, paying particular attention to inequalities in access to education linked to gender and regional disparities.
The Committee notes that according to the statistics available through the UNESCO Institute for Statistics, the percentage of children that attended secondary education in 2010, while an improvement compared to 2009, remains low at 43 per cent for boys and 49 per cent for girls. Yet, the Committee notes the recent efforts undertaken by the Government to improve enrolment ratios; according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)”, the Ministry of Education in 2012 enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. While noting that the Government’s report contains no information on this point and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system, and requests it to take steps to increase the secondary school attendance and completion rates. The Committee requests the Government to pay particular attention in this regard to inequalities in access to education linked to gender and regional disparities. It also refers on this point, to its comments made under the Minimum Age Convention, 1973 (No. 138), likewise ratified by Nicaragua.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that the Ministry of the Family, Childhood and Adolescence (MIFAN) appeared to be responsible only for the care of child trafficking victims under the age of 13 years. On the basis of the concluding observations of 20 October 2010 of the CRC, the Committee also noted that strengthened efforts were needed to better identify victims of the sale of children, child prostitution and child pornography and to ensure the rehabilitation and social integration of these children through specialized shelters (CRC/C/OPSC/NIC/CO/1, paragraphs 33 and 37).
The Committee notes the adoption of the General Law on Migration and Foreigners Law No. 761 of 31 March 2011, which provides that the authorities should provide special protection to child victims of trafficking (section 220). The Committee notes the Government’s indication in its report that a project is ongoing to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. The Committee further notes the Government’s information that 30 child victims of trafficking have been assisted by social programmes of the Government. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. In this regard, the Committee points out that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under the age of 18. The Committee therefore strongly encourages the Government to take effective and time-bound measures to remove all children under 18 from trafficking and commercial sexual exploitation and to rehabilitate and socially integrate them. It also requests the Government to indicate whether the specialized shelter for children has been set up and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.
Clause (d). Children at special risk. Street children. The Committee previously noted that in its concluding observations of 20 October 2010, the CRC expressed concern at the large number of children living in the streets (CRC/C/NIC/CO/4, paragraph 74). The Committee notes that the “Love Programme” is the national strategy for integral assistance to street children providing education to children and vocational training for parents. In this context, the MIFAN, in coordination with other relevant ministries, has strengthened its efforts and benefited 18,380 street children in 2011 (compared to 1,909 children in 2006). In the period 2007–11, a total of 23,555 street children were placed in the education system. Another component of the “Love Programme” have been activities to promote the civil registration of children, as a result of which in the period 2008–11 a total of 96,202 children under 12 years old were registered. Considering the vulnerability of street children, the Committee requests the Government to continue to provide information on the measures taken and results achieved to protect these children from the worst forms of child labour.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a Protocol on repatriation procedures for children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation.
The Committee notes the Government’s indication in its report as regards the main principles governing the protocol (such as best interests of the child, confidentiality and universality) and the steps to be undertaken to ensure repatriation of children and young persons who are victims of trafficking. The Committee notes, however, that the Government’s report contains no information on the implementation of the Protocol, indicating the number of child victims of this worst form of child labour who have been repatriated. The Committee reiterates its request to the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking, indicating the number of child victims of this worst form of child labour who have been repatriated.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. In its previous comments, the Committee noted the adoption of Ministerial Agreement JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of the types of hazardous work. It also noted the information provided by the Government in its report as regards the measures undertaken to give effect to Ministerial Agreement JCHG-08-06-10, including special inspection services, with particular emphasis on the protection of children working in quarrying limestone. The Committee finally noted that according to the statistics of the 2005 national study on child labour (ENTIA 2005) 70.5 per cent of children between the ages of 7 and 14 years worked in agriculture.
The Committee notes the Government’s information in its report that inspections were conducted in 1,272 establishments covering all sectors of the economy, where 236 children were identified as working in hazardous conditions. The Government indicates that, further to those inspections 1,758 young persons benefited from protection measures about their rights at work. The Committee also notes the Government’s information that a total of 3,975 agreements were signed with employers committing to not to use child labour and 1,691 certificates were issued to young persons so that their activities can be covered by the legal provisions addressing child labour. The Government also indicates that it has implemented specific inspection plans on child labour in the departments of Jinotega and Matagalpa, characterized by their high productivity of coffee. Finally, it mentions that it has conducted training workshops for 10,982 young workers on the legal framework on hazardous child labour. However, the Committee notes that the Government’s report does not contain any information on the number of violations detected regarding hazardous work by young persons and on the penalties imposed. The Committee requests the Government to continue to strengthen its efforts to ensure that children under 18 years of age employed in the agricultural sector are not engaged in hazardous work. In this regard, the Committee requests the Government to continue providing information on the application of Ministerial Agreement JCHG-08-06-10 in practice, including the number of inspections carried out, violations detected and penalties imposed.
2. Domestic work by children. In its previous comments, the Committee noted the information provided by the Government as regards the application of Act No. 666 of 4 September 2008 on domestic work, which protects young persons in domestic service by laying down recruitment and working conditions, penalties for abuse, violence or humiliation and provisions on the promotion of education of these young domestic workers. It also noted that since the adoption of the Act, 8,483 labour inspection visits were carried out at homes in order to monitor the working conditions of children and young persons employed as domestic workers, ensuring the protection of 601 children and young persons. Moreover, as a follow-up to the registration of children and young persons engaged in domestic work, the Government stated that five seminars were organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua, attended by 149 young persons to provide information about their rights at work and educational scholarships.
The Committee notes the Government’s indication that 1,999 labour inspections were carried out at homes and identified 17 young persons engaged in domestic work. The Committee requests the Government to continue its efforts to ensure the protection guaranteed by Act No. 666 of 2008 to children and young persons in domestic work as well as to provide information on the number of inspections carried out in this regard. Further, noting again an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of violations detected and penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. In its previous comments, the Committee noted the Government’s indication that as part of the “Coffee harvesting without child labour” programme, a number of collaborative tripartite agreements were signed between the Ministries of Labour, Education and Health, and coffee producers and key actors in the agricultural sector. In 2010–11 a total of 1,371 children benefited from this programme in the departments of Jinotega, Matagalpa and Carazo. The Committee also noted that as part of the programme “From work to school” a number of children were withdrawn from working in mines and breaking rocks in the municipalities of Chinandega, El Rama and El Bluff. The programme provided these children with educational, health care and recreational services and supplied young persons with tools (such as sewing machines, worktables, irons) with the objective of promoting self-employment and collective cooperation. Noting the absence of information in the Government’s report, the Committee once again encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained under the various programmes aimed at withdrawing children and young persons from carrying out hazardous work in the agricultural sector and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other points in a request addressed directly to the Government.

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

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments, the Committee noted Act No. 641 of 16 November 2007 issuing the new Penal Code, which prohibits and penalizes the sale and trafficking of children; the use, procuring or offering of a child for prostitution; and the production of pornography or pornographic performances. On the basis of the concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, by the Committee on the Rights of the Child (CRC) (CRC/C/OPSC/NIC/CO/1, paragraphs 21 and 27), the Committee noted that given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice there had been few sentences.
The Committee notes that on 26 January 2012, Act No. 779 on violence against women and law reforms to the Penal Code (Act No. 641) was adopted, amending section 182 of the Penal Code by increasing penalties to 12 to 14 years’ imprisonment in case the victim is a minor under 18 years of age (previously ten to 12 years’ imprisonment). The Committee notes the Government’s indication that the Prosecutor has initiated penal proceedings with regard to 19 offences relating to the sexual liberty of children, 12 offences relating to trafficking for sexual exploitation and six offences concerning pornography and paid sexual acts of minors.
The Committee notes the measures undertaken by the Government to build the capacity of bodies responsible for law enforcement. According to the information provided by the Government in its report, these activities have reached a total of 1,500 officials, including the Department of Immigration and Foreigners, the police, the prosecutor, Nicaraguan consulates in Central American countries and the Ministry of Interior and its delegates in all 17 departments of the country. In addition, special measures have been taken to alert and capacitate border posts. The Committee further notes the Government’s indication that the Prosecutor, the police and the Nicaraguan Institute of Tourism (INTUR) have carried out joint investigations in bars, canteens, night clubs and hotels in border and tourist areas to prevent and detect cases of sexual exploitation of children in order to initiate penal proceedings and direct child victims to specialized shelters. In addition, INTUR has set up an awareness-raising campaign among travel agents and enterprises to prevent child sex tourism.
While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that the Government’s report contains no information on the sentences handed down and penalties applied. The Committee, therefore, requests the Government to pursue its efforts to strengthen the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are carried out and completed, that perpetrators are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. It reiterates its requests to the Government to provide information on the number of violations reported, investigations held, prosecutions, convictions and penalties applied under Act No. 641 of 16 November 2007 (as amended by Act No. 779 of 26 January 2012).
Article 6. Programmes of action. Trafficking. The Committee previously noted the adoption of the Strategic Plan against Trafficking in Persons (2010–14). The Committee notes that the National Coalition against Trafficking in Persons, which comprised of the police, relevant ministries, the Supreme Court of Justice and civil society and non-governmental organizations, is responsible for implementing the Strategic Plan against Trafficking in Persons. The Strategic Plan focuses on prevention, prosecution, assistance and integration of victims, planning and monitoring. The Committee notes in this regard the capacity building activities of law enforcement officials mentioned above, as well as the capacity building of 2,000 school counsellors and the establishment of working groups on capacity building, assistance to victims, prosecution and regional cooperation. In addition to the awareness-raising activities carried out by INTUR to prevent child sex tourism, the Committee also notes the Government’s indication that large-scale information campaigns have been carried out through magazines, television and by celebrities to fight trafficking in persons. The Committee notes, moreover, the various measures undertaken in this connection to combat sexual violence against children. The Committee requests the Government to continue to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–14) and on the results obtained in terms of eliminating child trafficking.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the low secondary school attendance ratios and the large number of adolescents outside the school system. It requested the Government to take measures to improve the functioning of the education system, paying particular attention to inequalities in access to education linked to gender and regional disparities.
The Committee notes that according to the statistics available through the UNESCO Institute for Statistics, the percentage of children that attended secondary education in 2010, while an improvement compared to 2009, remains low at 43 per cent for boys and 49 per cent for girls. Yet, the Committee notes the recent efforts undertaken by the Government to improve enrolment ratios; according to the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)”, the Ministry of Education in 2012 enrolled 1,635,000 children and young persons in pre-primary, primary and secondary schools. While noting that the Government’s report contains no information on this point and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system, and requests it to take steps to increase the secondary school attendance and completion rates. The Committee requests the Government to pay particular attention in this regard to inequalities in access to education linked to gender and regional disparities. It also refers on this point, to its comments made under the Minimum Age Convention, 1973 (No. 138), likewise ratified by Nicaragua.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted that the Ministry of the Family, Childhood and Adolescence (MIFAN) appeared to be responsible only for the care of child trafficking victims under the age of 13 years. On the basis of the concluding observations of 20 October 2010 of the CRC, the Committee also noted that strengthened efforts were needed to better identify victims of the sale of children, child prostitution and child pornography and to ensure the rehabilitation and social integration of these children through specialized shelters (CRC/C/OPSC/NIC/CO/1, paragraphs 33 and 37).
The Committee notes the adoption of the General Law on Migration and Foreigners Law No. 761 of 31 March 2011, which provides that the authorities should provide special protection to child victims of trafficking (section 220). The Committee notes the Government’s indication in its report that a project is ongoing to construct and equip a shelter and specialized clinic for children and young persons who are victims of trafficking and sexual exploitation. The Committee further notes the Government’s information that 30 child victims of trafficking have been assisted by social programmes of the Government. According to the information provided by the Government, the Supreme Court of Justice through the Institute of Legal Medicine provides assistance to child victims of trafficking up to 14 years of age. In this regard, the Committee points out that, by virtue of Article 2 of the Convention, the protection provided for by Article 7(2)(b) of the Convention covers all persons under the age of 18. The Committee therefore strongly encourages the Government to take effective and time-bound measures to remove all children under 18 from trafficking and commercial sexual exploitation and to rehabilitate and socially integrate them. It also requests the Government to indicate whether the specialized shelter for children has been set up and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.
Clause (d). Children at special risk. Street children. The Committee previously noted that in its concluding observations of 20 October 2010, the CRC expressed concern at the large number of children living in the streets (CRC/C/NIC/CO/4, paragraph 74). The Committee notes that the “Love Programme” is the national strategy for integral assistance to street children providing education to children and vocational training for parents. In this context, the MIFAN, in coordination with other relevant ministries, has strengthened its efforts and benefited 18,380 street children in 2011 (compared to 1,909 children in 2006). In the period 2007–11, a total of 23,555 street children were placed in the education system. Another component of the “Love Programme” have been activities to promote the civil registration of children, as a result of which in the period 2008–11 a total of 96,202 children under 12 years old were registered. Considering the vulnerability of street children, the Committee requests the Government to continue to provide information on the measures taken and results achieved to protect these children from the worst forms of child labour.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted the adoption of a Protocol on repatriation procedures for children and young persons who are victims of trafficking, the objective of which is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation.
The Committee notes the Government’s indication in its report as regards the main principles governing the protocol (such as best interests of the child, confidentiality and universality) and the steps to be undertaken to ensure repatriation of children and young persons who are victims of trafficking. The Committee notes, however, that the Government’s report contains no information on the implementation of the Protocol, indicating the number of child victims of this worst form of child labour who have been repatriated. The Committee reiterates its request to the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking, indicating the number of child victims of this worst form of child labour who have been repatriated.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. The Committee previously noted the adoption of Ministerial Agreement JCHG-08-06-10 of 19 August 2010, which prohibits hazardous work for children and young persons under 18 years of age and contains a detailed list of the types of hazardous work.
The Committee notes the information provided by the Government in its report as regards the measures undertaken to give effect to Ministerial Agreement JCHG-08-06-10, which have concerned special inspection services focusing in particular on the protection of children working in quarrying limestone. These services have also focused on raising awareness of employers and parents to the dangers of these workplaces for minors and to the laws prohibiting and penalizing the employment of children. The Committee further notes that a total of 4,111 agreements were signed with employers in all departments of the country covering all different sectors of the economy (such as mining, fishing and agriculture) committing to not use any child labour.
The Committee notes, however, that the Government’s report does not provide information on the number of inspection visits carried out in the agricultural sector by the inspectorate responsible for child labour, nor statistics of the number of violations recorded and the penalties imposed. This absence of information is all the more worrisome, since according to the latest available statistics of the 2005 national study on child labour (ENTIA 2005) 70.5 per cent of children between the ages of 7 and 14 years work in agriculture. The Committee therefore urges the Government to strengthen its efforts to ensure that children under 18 years of age employed in the agricultural sector are not engaged in hazardous work. For this purpose, the Committee reiterates its request to strengthen the capacity of the inspectorate responsible for child labour in agriculture. In this regard, it also requests the Government to provide information on the practical effect given to Ministerial Agreement JCHG-08-06-10 of 19 August 2010.
2. Domestic work by children. Further to its previous comments, the Committee notes the information provided by the Government in its report as regards the application of Act No. 666 of 4 September 2008 on domestic work, which protects young persons in domestic service by laying down recruitment and working conditions, penalties for abuse, violence or humiliation and provisions on the promotion of education of these young domestic workers. The Committee notes that according to the Government since the adoption of the Act, 8,483 labour inspection visits have been carried out at homes in order to monitor the working conditions of children and young persons employed as domestic workers, ensuring the protection of 601 children and young persons. As a follow-up to the registration of children and young persons engaged in domestic work, the Government states that five seminars have been organized in the departments of Estelí, Nueva Segovia, Madriz Masaya and Managua, attended by 149 young persons to provide information about their rights at work and educational scholarships. Taking due note of the measures taken by the Government, the Committee requests the Government to pursue its efforts to guarantee the protection laid down in Act No. 666 of 4 September 2008 for children and young persons employed in domestic service and continue to provide information on the number of inspections carried out. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the number of offences reported and the penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. Further to its previous comments, the Committee notes the Government’s indication that as part of the “Coffee harvesting without child labour” programme, a number of collaborative tripartite agreements were signed between the Ministries of Labour, Education and Health, and coffee producers and key actors in the agricultural sector. In 2010–11 a total of 1,371 children benefited from this programme in the departments of Jinotega, Matagalpa and Carazo. The Committee also notes that as part of the programme “From work to school” a number of children were withdrawn from working in mines and breaking rocks in the municipalities of Chinandega, El Rama and El Bluff. The programme has provided these children with educational, health care and recreational services and has supplied young persons with tools (such as sewing machines, worktables, irons) with the objective of promoting self-employment and collective cooperation. The Committee encourages the Government to pursue its efforts and requests it to continue to provide information on the results obtained under the various programmes aimed at withdrawing children and young persons from carrying out hazardous work in all agricultural sectors and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 3(a) and (b) and Article 7(1) of the Convention. Sale and trafficking of children; the use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances, and penalties. In its previous comments the Committee noted with satisfaction the adoption of Act No. 641 of 16 November 2007 issuing the new Penal Code, which came into force in July 2008. It noted that the new Penal Code prohibits and punishes pornography and paid sexual intercourse with young persons (section 175); the promotion of tourism for the purpose of sexual exploitation (section 177); aggravated procuring (section 179); procuring (section 180); and human trafficking for the purpose of slavery or sexual exploitation (section 182). Furthermore, section 315 prescribes a prison sentence of from five to eight years for anyone engaging in the trafficking of persons for the purpose of exploiting their labour, with a heavier penalty where the victims are children.
The Committee notes the Government’s information concerning the number and nature of offences reported and the penalties imposed under the new Penal Code. It notes, for example, that between 2008 and 2010, ten cases ended in sentences imposed for trafficking, commercial sexual exploitation, procuring and pornography involving young persons under 18 years of age and that the penalties ranged from four to 20 years’ imprisonment. The Committee nonetheless observes that in its concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Committee on the Rights of the Child noted with concern that, despite the adoption of the new Penal Code, few investigations led to prosecution of the sale of children, child prostitution and child pornography (CRC/C/OPSC/NIC/CO/1, paragraph 27). It also expressed concern that child sex tourism remains a serious problem in the country and that children are trafficked for the purpose of sex tourism (paragraph 21). Furthermore, according to the 2011 Trafficking in Persons Report – Nicaragua, which can be viewed on the website of the United Nations High Commissioner for Refugees (UNHCR), Nicaraguan children are subjected to sex-related trafficking within the country as well as in neighbouring countries such as Guatemala, Costa Rica, El Salvador, Honduras and Mexico. The report also indicates that Nicaragua is a destination for child sex tourism.
While noting the Government’s efforts to combat the sale and trafficking of children and the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or for pornographic performances, the Committee notes that there have been few sentences given the extent of trafficking for commercial sexual exploitation and child sex tourism in practice. The Committee requests the Government to redouble its efforts to build the capacity of bodies responsible for law enforcement, so as to ensure that thorough investigations are held and completed and that persons committing such acts are effectively prosecuted, and that sufficiently effective and dissuasive sanctions are applied in practice. Please also continue to provide information on the number of offences reported, investigations held, legal proceedings brought, sentences passed and penalties applied under Act No. 641 of 16 November 2007.
Article 6. Programmes of action. Trafficking. The Committee takes due note of the information supplied by the Government concerning the campaigns to raise awareness about trafficking for the purpose of commercial sexual exploitation. It also notes from information supplied by the Committee on the Rights of the Child in its concluding observations of 21 October 2010 on the application of the Convention on the Rights of the Child, that the Government has adopted a new Strategic Plan against Trafficking in Persons (2010–2014) (CRC/C/OPSC/NIC/CO/1, paragraph 11). The Committee requests the Government to provide information on the measures adopted under the Strategic Plan against Trafficking in Persons (2010–2014) and on the results obtained in terms of eliminating child trafficking.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee takes due note of the information sent in the Government’s report concerning the measures taken under the Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI 2007–16). It notes in particular that in 2009, 10,598 children and young workers were reintegrated in the school system. It also notes that a national school enrolment campaign was launched in 2010 and that a total of 16,580 persons between the ages of 16 and 45 years, the majority of whom are women from rural areas, benefited from literacy training under the De Martí a Fidel national literacy campaign, launched in 2007. The Committee nonetheless notes that according to UNICEF statistics for the period 2005–09, the net school attendance ratio barely reached 35 per cent for boys, as compared to 47 per cent for girls. It also notes that in its concluding observations of 20 October 2010 on the application of the Convention on the Rights of the Child, the Committee on the Rights of the Child expressed concern that around half a million children do not attend school, and regional disparities are very broad, and that almost half of all adolescents are outside the school system (CRC/C/NIC/CO/4, paragraph 70). Considering that education contributes to prevent the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the running of the educational system, and requests it to take steps to increase the secondary school attendance ratio by paying particular attention to inequalities in access to education that are linked to gender and regional disparities. Please also provide information on the results obtained.
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. Further to its previous comments, the Committee notes that the Ministry of the Family, Childhood and Adolescence (MIFAN) has published a guide on care for victims of commercial sexual exploitation and trafficking in order to improve coordination between institutions in the various state departments responsible for the care of these victims. The Committee notes, however, that according to information supplied in the Government’s report, MIFAN appears to be responsible only for the care of child trafficking victims under the age of 13 years. It also notes that according to the 2011 Trafficking in Persons Report, there is no shelter provided by the Government for the victims of trafficking. There is only one temporary shelter for children who are victims of domestic or sexual abuse. Furthermore, the Committee notes that in its concluding observations of 21 October 2010 on the application of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Committee on the Rights of the Child expressed concern at the inadequacy of the measures taken to identify victims of the sale of children, child prostitution and child pornography (CRC/C/OPSC/NIC/CO/1, paragraph 33). It also expressed concern that the Government had not put in place measures for the rehabilitation and social integration of these children (paragraph 37). The Committee strongly encourages the Government to redouble its efforts to remove children and young persons under 18 years of age from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It asks the Government in its next report to indicate whether shelters for child victims of trafficking and commercial sexual exploitation have been set up, and to provide information on the number of children who have been removed from these worst forms of child labour and who have benefited from rehabilitation and social integration measures.
Clause (d). Children at special risk. Street children. The Committee notes that in its concluding observations of 20 October 2010 on the application of the Convention on the Rights of the Child, the Committee on the Rights of the Child expressed concern at the large number of children living in the streets and noted that a study on street children is ongoing (CRC/C/NIC/CO/4, paragraph 74). The Committee is of the view that street children are particularly exposed to the worst forms of child labour, and accordingly asks the Government to provide information on the measures taken to protect these children from the worst forms of child labour, and on the results obtained. Please also provide a copy of the study on street children.
Article 8. International cooperation. Protocol on the repatriation of child victims of trafficking. In its previous comments, the Committee noted that a Protocol on repatriation procedures for children and young persons who are victims of trafficking was adopted by the Ministry of the National Coalition to Combat the Trafficking of Persons. It noted that, according to section 2, the Protocol’s objective is to establish mechanisms for coordination between institutions with a view to offering special protection to child victims of trafficking and to facilitate their repatriation. The Committee requested the Government to provide information on the implementation of the Protocol, indicating in particular the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated.
The Committee notes that the Government’s report contains no such information. It nonetheless observes that according to information in the 2011 Trafficking in Persons Report, Nicaragua continues to cooperate with neighbouring countries and the United States to jointly investigate trafficking cases and facilitate the repatriation of trafficking victims to their countries of origin. The Committee again asks the Government to provide information on the results obtained in the implementation of the Protocol on repatriation procedures for children and young persons who are victims of trafficking.
Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee takes due note of the statistics sent by the Government on the inspection of child labour and protection of young workers.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). 1. Hazardous work in agriculture. Further to its previous comments, the Committee takes due note of the adoption of Ministerial Agreement JCHG 08 06 10 of 19 August 2010, replacing the list of hazardous jobs approved by Ministerial Agreement VGC-AM-0020-10-06 of 14 November 2006. It notes with interest that the list sets out types of hazardous work carried on in the agricultural sector, such as tasks involving the use or handling of heavy machinery or tasks involving exposure to chemicals. The Committee also notes the statistics sent in the Government’s report which show that the number of inspection visits carried out in the agricultural sector by the inspectorate responsible for child labour increased from 127 in 2009 to 163 in 2010. It also notes the statistics of the number of violations recorded and the penalties imposed and observes that between 2010 and the first quarter of 2011, 263 offences were reported, yet only four fines appear to have been imposed. The Committee further notes from information in a 2011 report on the worst forms of child labour in Nicaragua, available on the website of the United Nations High Commissioner for Refugees, that inspection visits for child labour in the agricultural sector are limited owing to a lack of resources and capacity. The Committee requests the Government to pursue its efforts to ensure that no children or young persons under 18 years of age employed in the agricultural sector are engaged in hazardous work, and to this end to take steps to build the capacity of the inspectorate responsible for child labour. It also requests the Government to provide information on the practical effect given to Ministerial Agreement JCHG 08 06 10 of 19 August 2010.
Domestic work by children. In its previous comments the Committee noted with satisfaction the adoption of Act No. 666 of 4 September 2008 on domestic work which protects young persons in domestic service by laying down recruitment and working conditions as well as penalties for abuse, violence or humiliation of these workers. The Act also requires the employer to notify such recruitment to the labour inspectorate and to promote and facilitate the education of these young domestic workers.
The Committee notes that according to the Government labour inspectors have the authority to visit homes in order to monitor the working conditions of children and young persons employed as domestic workers. It observes that following the adoption of Act No. 666, 577 children and young persons engaged in domestic work have been registered by the labour inspectorate and 11 children under 14 years of age have been withdrawn from such employment. The Committee nevertheless notes from the statistics supplied in the Government’s report on child labour inspection in private households employing domestic workers, that the number of inspection visits fell from 76 to 13 between 2009 and 2010. The Committee requests the Government to strengthen its efforts to build the capacity of the inspectorate in charge of child labour so as to guarantee the protection laid down in Act No. 666 of 4 September 2008 for children and young persons employed in domestic service. It asks the Government to continue to provide information on the number of inspection visits carried out, the offences reported and the penalties imposed.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child labour in agriculture. Further to its previous comments, the Committee notes with interest that according to the information sent in the Government’s report, 2,626 children were withdrawn from labour and benefited from care in the departments of Jinotega and Matagalpa under the “Coffee harvesting without child labour” programme. The Committee encourages the Government to pursue its efforts and asks it to continue to provide information on the results obtained under the “Coffee harvesting without child labour” programme. Please also provide information on the measures taken to withdraw from labour children and young persons carrying on hazardous work in other agricultural sectors and on the measures taken to ensure their rehabilitation and social integration.
The Committee is raising other points in a request addressed directly to the Government.

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

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that, according to the statistics of the UNESCO Institute for Statistics, 86 per cent of girls and 88 per cent of boys attend primary school, while 46 per cent of girls and 40 per cent of boys attend secondary school. It also noted that, according to the final evaluation report on the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2001–05 (Strategic Plan 2001–05), a special plan for the enrolment of children in schools resulted in the re-enrolment of over 3,455 boys and 2,742 girls in primary school in 2005 and over 50,000 children in 2006. However, despite the efforts made by the Government, the Committee expressed concern at the low school attendance rates, particularly at the secondary level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urged the Government to step up its efforts to improve the operation of the education system, particularly by increasing school enrolment rates at the secondary level and reducing the school drop-out rate. It requested the Government to provide information on the results achieved.

The Committee notes the indication that one of the first measures taken by the Government was to promote and facilitate the education of children and young persons at the national level through its education policy for 2007–11 entitled “A ministry in the classroom”. According to the Government, as a result of the implementation of this policy, nearly 1 million children and young persons of school age have benefited from free schooling, in accordance with the provisions of article 121 of the national Constitution. It also notes that a subcommittee for the care of child workers excluded from the education system (composed of members of the CNEPTI and of advisory bodies such as the ILO–IPEC programme, Save the Children, the CARE International intergovernmental development agency, the United Nations Children’s Fund (UNICEF), as well as of engineers of the “Love Programme” and projects aimed at child workers (ENTERATE, PRONIÑO, CUCULMECA, Fundación Eduquemos)) has been set up to define the methodologies and strategies to be implemented by the Ministry of Education in taking care of children excluded from the education system, while coordinating the actions provided for under the strategic plan and road map for declaring the country an area free of child labour. The Committee also notes that the Ministries of Labour, Education and Health have supported and promoted an informal education pilot strategy entitled “Educational bridges” in the context of the coffee harvesting plan 2007–08, promoted by the CNEPTI. This strategy has been implemented on five coffee plantations and has benefited a total of 555 children in the Department of Jinotega. The Ministry of Education and Sport has in turn launched a national literacy and education campaign for children and young persons excluded from the education system. The Government is also supporting the “Love Programme”, which involves the Ministry of Family, Adolescence and Childhood, as well as the Ministries of Health, Education, the Interior and Labour, the Nicaraguan Social Security Institute (INSS), the Nicaraguan Institute for Youth and Sport, the Institute of Culture, the Nicaraguan Women’s Institute, the Office of the Human Rights Ombudsperson and the Public Prosecutor’s Office. The programme aims, inter alia, to ensure the right of children and young persons to an education and provides for the creation of child development centres and community crèches to provide professional care for the children of working mothers. To date, comprehensive care has been provided for 83,884 children under 6 years of age in 1,099 community crèches. The Committee also notes the information provided by the Government that one of the specific objectives of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI) 2007–16 is to remove children from work and integrate them into the education system. The Committee appreciates the efforts being made by the Government to strengthen the education system and expand its coverage. It requests it to provide information on any progress made following the implementation of the education policy for 2007–11 and the PEPETI 2007–16, with regard to the strengthening of the education system and the expansion of its coverage. It also requests the Government to provide information, including statistics, on the impact of the measures implemented on the enrolment rate of young persons at the secondary level, as well as on the school drop-out rate.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the national study on child labour of 2005 (ENTIA 2005), 239,220 children between the ages of 5 and 17 years are engaged in work in the country. It also noted with interest that, according to the final evaluation report of the National Strategic Plan 2001–05 of October 2006, child labour has decreased by around 6 per cent since 2000. According to the final evaluation report, 14,075 children have benefited from programmes of action on the worst forms of child labour implemented in the country by the ILO–IPEC. The Committee also noted the statistics on the inspections carried out in relation to the elimination of child labour and the protection of young persons, provided by the Government. It also noted that the Office of the Public Prosecutor has adopted the policy of priority criminal prosecution with special emphasis on the trafficking of persons. According to the Government, this policy is implemented by the unit specializing in gender issues in the department of Managua and, in the rest of the country, by the Office of the Public Prosecutor. The Committee requested the Government to provide information on the implementation of the policy of priority criminal prosecution, particularly with regard to the sale and trafficking of young persons under 18 years of age. It also requested the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the violations reported, the penalties imposed, etc. To the extent possible, all information provided should be disaggregated by the type of worst form of child labour and by sex.

The Committee notes the statistics provided by the Government concerning the number of enterprises in the country’s various departments and belonging to the various sectors of the economy in which cases of child labour were detected in 2008 and the first half of 2009, the number of children in those enterprises (disaggregated by sex and age group), as well as the number of violations reported. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of violations, the investigations, prosecutions and convictions.

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation or the procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It expressed the strong hope that the draft amendment to the Penal Code would be adopted in the near future and that it would give effect to Article 3(a) and (b) of the Convention.

The Committee notes with satisfaction the promulgation of Act No. 641 of 16 November 2007 issuing the new Penal Code. The new Penal Code, which entered into force again in July 2008, defines commercial sexual exploitation in the chapter on “Offences against freedom and sexual integrity”. These offences cover sexual exploitation, pornography and the sexual act with young persons in return for payment (section 175); the promotion of tourism for the purpose of sexual exploitation (section 177); aggravated procurement (section 179); procurement (section 180); and the trafficking of persons for the purposes of slavery or sexual exploitation (section 182). Furthermore, section 315 of Title X of the same Code on “Offences against labour rights” provides for the imposition of a prison sentence of five to eight years on anyone who, in the context of an employment relationship, subjects, forces or maintains another person in a situation of slavery or in conditions similar to slavery or forced labour. The same section provides for the imposition of penalties on persons who traffic other persons for the purpose of labour exploitation. It also provides for heavier penalties if the victims are children. The Committee requests the Government to provide information on the application of the above provisions of the new Penal Code in practice, including, in particular, statistics on the number and nature of violations reported, the investigations conducted, prosecutions, convictions and penal sanctions imposed.

Clause (d). Hazardous work in agriculture. In its previous comments, the Committee noted that, according to the statistics available to the Office, 60 per cent of children who work in Nicaragua are engaged in activities in the agricultural sector, which is a branch of economic activity in which the working conditions may be hazardous for young persons under 18 years of age. It also noted that the list of hazardous types of work prohibited for young persons under 18 years of age, set out in the Ministerial Agreement of 14 November 2006, includes types of hazardous work in the agricultural sector. In view of the above statistics, the Committee urged the Government to take the necessary measures as a matter of urgency to ensure that no young person under 18 years of age is engaged in the worst forms of hazardous work in agriculture, that those responsible for availing themselves of such labour are prosecuted and that effective and dissuasive penalties are imposed on such persons.

The Committee notes the Government’s indication that tripartite consultations on the matter of updating the list of hazardous types of work are currently being held within the National Occupational Safety and Health Council and the National Committee on the Progressive Elimination of Child Labour (CNEPTI), but also with the labour inspectorate for children. The Committee also notes with interest that sections 315 and 317 of the new Penal Code provide respectively for a penalty of 2 to 4 years’ imprisonment for anyone who recruits a minor under 18 years of age for the purpose of labour exploitation with the exception of cases authorized by law, as well as a prison sentence of 3 to 6 years and a financial penalty of 400 to 600 fine days for anyone who uses or allows children under 18 years of age to carry out work in unhealthy environments which pose a threat to their life, health or physical, psychological or moral integrity. These types of work include work in mines, underground, rubbish dumps, evening entertainment centres, involving the use of dangerous machinery, equipment and tools, the manual transport of heavy loads, toxic objects and substances, psychotropic substances, as well as night work in general or in any other task defined as hazardous work for children, in accordance with the relevant provisions. The Committee requests the Government to provide information on the outcome of the consultations held with regard to the updating of the list of hazardous types of work, in particular hazardous work in agriculture, and to provide a copy of any relevant text or draft text. Furthermore, while welcoming the legal measures adopted with a view to ensuring that no child under 18 years of age is engaged in hazardous work and that any person who avails himself of such labour shall be liable to the above administrative and penal sanctions, the Committee hopes that the Government will provide information and statistics in its next report showing the impact, in practice, of these new provisions.

Domestic work. In its previous comments, the Committee encouraged the Government to continue its efforts to ensure that young persons under 18 years of age, particularly young girls, who are engaged in domestic service do not perform hazardous types of work, and expressed the hope that the preparatory work on the draft amendment to Title VIII of the Labour Code would be completed in the near future and that measures would be taken for its adoption very soon.

The Committee notes with satisfaction the adoption of Act No. 666 of 4 September 2008 on domestic work and amending Chapter I of Title VIII of the Labour Code. This Act protects young persons working in domestic service by laying down the recruitment and working conditions, as well as the penalties applicable in the case of abuse, violence or humiliation of these young workers by the employer or his family. It also prescribes the obligation of the employer to notify the labour inspectorate of such recruitment and also provides for cash remuneration and a 6-hour day between 6 a.m. and 8 p.m. The employer is also under the obligation to promote and facilitate the education of his young domestic workers and register these workers under the social security scheme. Moreover, the wage paid must not be below the wage set by the National Minimum Wage Committee. The Act also provides for joint periodic inspections of the employer by the labour inspectorate and the Ministry of Family, Adolescence and Childhood. The Committee requests the Government to provide information on the application of the Act No. 666 on domestic work in practice, including any difficulties encountered and, in particular, statistics on the inspections carried out, violations reported, administrative sanctions imposed, any criminal charges laid, prosecutions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b).Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. In its previous comments concerning the number of children removed from the sex trade and their rehabilitation and social integration, the Committee noted that, according to the 2007 evaluation reports on the ILO–IPEC regional project on the commercial sexual exploitation of children (the regional project), a greater number of children are being targeted in Nicaragua. Accordingly, 1,720 children should receive direct assistance, of which 580 are in Nicaragua, and 18,000 should receive indirect assistance. The Committee strongly encouraged the Government to continue its efforts to combat commercial sexual exploitation. It requested it to provide information on the implementation of the ILO–IPEC regional project on the commercial sexual exploitation of children and the National Plan to combat commercial sexual exploitation (2003–08), as well as on the number of children who are in practice removed from this worst form of child labour. The Committee also requested the Government to provide information on the economic alternatives envisaged and on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

The Committee notes, among the information available to the ILO, that the general objectives of the National Plan to combat commercial sexual exploitation (2003–08) were: the gradual development of strategies and actions for the prevention and detection of commercial sexual exploitation of children and young persons, as well as for the protection and comprehensive care of victims; the modification of attitudes and values of the population in order to promote the elimination of commercial sexual exploitation of children and young persons; the improvement of access to the judicial system and the facilitation of the filing of complaints; the application of the relevant procedures; prevention; the punishment of those responsible; and the strengthening of the institutions responsible for implementing the plan so that they are in a position to take appropriate measures to achieve their objectives.

The Committee notes that, according to the Technical Progress Report (TPR) of 1 March 2009 on the ILO–IPEC regional project entitled “Contribution to the prevention and elimination of commercial sexual exploitation of children in Central America, Panama and the Dominican Republic”, a total of 320 children were removed or prevented from becoming engaged in the worst forms of child labour, such as trafficking and commercial sexual exploitation, through the provision of educational services and training opportunities between September 2008 and February 2009, including 51 children in Nicaragua. It also notes that, during the same period, a further 87 children were removed or prevented from becoming engaged in the same worst forms of child labour, through the provision of services unrelated to education, including 14 children in Nicaragua.

The Committee also notes with interest that the Programa Amor (Government programme which since October 2008 has had the functions of the National Council for the Comprehensive Protection of Childhood and Adolescence (CONAPINA) and which, as a result, is now responsible for monitoring the national policy and the National Plan to combat commercial sexual exploitation) aims to restore the rights of 25,000 street children and young persons, who are very vulnerable to commercial sexual exploitation, and that the Government has set the objectives of integrating all children into the education system and ensuring that they receive social benefits by 2011.

The Committee also notes that programmes such as the “Zero interest” programme and the “Zero hunger” programme, implemented in the context of the Programa Amor, also constitute Government efforts to help the most vulnerable families. The “Zero interest” programme is designed to help and benefit thousands of women who are unable to obtain credit from the private financial system to strengthen their small enterprises, while the “Zero hunger” programme is a proposal for the provision of ecologically friendly agricultural technologies for poor rural families which can be turned into capital, but also a proposal for assistance and support in organizing their production activities.

The Government also points out in its report that one of the actions aimed at protecting working children and young persons is the amendment of the technical inspection guide with regard to the inspection of work carried out by children and young persons. It also indicates that the Ministry of Labour has implemented programmes of special inspections targeting 101 night clubs, massage centres, restaurants, hotels and snooker halls in markets in the Departments of Managua and Río San Juan, and that fines have been imposed on eight enterprises for obstructing the work of labour inspectors. The Government also indicates that statistics on child labour and the worst forms of child labour are gathered and dealt with in a manner that enables the Ministry of Labour to apply the necessary corrective measures. It also notes that issues relating to child labour and its gradual elimination are included in the Decent Work Programme, although they still come under the ILO–IPEC programme. The Committee requests the Government to continue providing information on any other measures implemented under the ILO–IPEC regional project on the commercial sexual exploitation of children and the Programa Amor and on the results achieved. It also requests it to provide information on the number of children who have benefited from rehabilitation and social integration, following their removal from the worst forms of child labour.

Child labour in agriculture. In its previous comments, the Committee noted that Nicaragua had signed a memorandum of understanding with the
ILO–IPEC for the elimination of the worst forms of child labour, particularly in the agricultural sector. It requested the Government to take effective and time‑bound measures to prevent children from being engaged in hazardous types of work in the agricultural sector and to provide information on the number of children who are in practice removed from this worst form of child labour. It also requested the Government to provide information on the economic alternatives envisaged, as well as on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour. Noting that no information has been provided by the Government concerning other measures aimed at eliminating, in practice, child labour in agriculture, or on the number of children who are in practice removed from this worst form of child labour, the Committee requests the Government to provide this information in its next report.

Article 8. International cooperation. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC regional project on the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between participating countries. The Committee was of the view that international cooperation between law enforcement agencies is indispensable to prevent and eliminate commercial sexual exploitation, through the collection and exchange of information and assistance with a view to detecting, prosecuting and convicting the individuals involved and repatriating the victims. The Committee requested the Government to provide information on the measures taken in the context of the implementation of the ILO–IPEC regional project on the commercial sexual exploitation of children with a view to cooperating with the countries participating in the project and thereby strengthening security measures so as to bring an end to this worst form of child labour. Noting that the Government has not replied to its request for information, the Committee once again requests it to provide information on any measures implemented in the context of the ILO–IPEC regional project on the commercial sexual exploitation of children relating to cooperation with other beneficiary countries with a view to strengthening security measures so as to bring an end to this worst form of child labour and on the results achieved.

Protocol respecting the repatriation of child victims of trafficking. The Committee previously noted the Protocol respecting repatriation procedures for children and young persons who are victims of trafficking (Protocol) adopted by the Ministry of the National Coalition to Combat the Trafficking of Persons. It also noted that, under section 2 of the Protocol, its objective is to establish interinstitutional coordination mechanisms to offer special protection to child victims of trafficking and to facilitate their repatriation. The Committee also noted that the Protocol applies to both Nicaraguan child victims of trafficking abroad and to foreign victims of trafficking to Nicaragua. The Committee requested it to provide information on the implementation of the Protocol by indicating, in particular, the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated. Noting that the Government has not provided the information requested, the Committee once again requests it to provide information on any measures implemented under the above Protocol with a view to providing special protection for child victims of trafficking and facilitating their repatriation, and statistics on the number of children repatriated.

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

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children and the use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the national legislation does not contain provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. It also noted that section 67 of the Code of Children and Young Persons only prohibits public agencies, media owners and their workers from using young persons for child pornography, whereas Article 3(b) of the Convention requires the prohibition of the procuring or offering of young persons under 18 years of age for the production of pornography or for pornographic performances. The Committee noted the Government’s indication that a draft amendment to the Penal Code was currently being formulated with a view to giving full effect to Convention No. 182. It requested the Government to provide information on any progress achieved in this respect.

The Committee notes the information provided by the Government that the draft amendment to the Penal Code will be transmitted to the Office once it has been adopted by the National Assembly. It notes that, according to the information contained in the 2007 activity reports on the ILO/IPEC regional project entitled “Contribution to the prevention and elimination of the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (ILO/IPEC regional project on the commercial sexual exploitation of children), the internal and trans-border sale and trafficking of children exists in Nicaragua. Moreover, children are used for the production of pornography for distribution on the Internet. In view of this information, the Committee expresses the strong hope that the draft amendment to the Penal Code will be adopted in the near future and that it gives effect to Article 3(a) and (b) of the Convention. It requests the Government to provide a copy of the amended Penal Code after its adoption.

Article 3(d). 1. Hazardous work in agriculture. The Committee notes with interest the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006 respecting the list of hazardous types of work applicable for Nicaragua, which was formulated in consultation with employers’ and workers’ organizations and civil society and contains a detailed list of the types of hazardous work that are prohibited for young persons under 18 years of age. It notes that, according to the statistics available to the Office, 60 per cent of children who work in Nicaragua are engaged in the agricultural sector, which is a branch of economic activity in which the working conditions may be hazardous for young persons under 18 years of age. The Committee notes that the list of hazardous types of work prohibited for young persons under 18 years of age set out in the Ministerial Agreement of 14 November 2006 includes types of hazardous work in agriculture. In view of these statistics, the Committee urges the Government to take the necessary measures on an urgent basis to ensure that no young person under 18 years of age is engaged in the worst forms of child labour, that those responsible for availing themselves of such labour are prosecuted and that effective and dissuasive penalties are applied. It also requests the Government to provide information on the effect given in practice to Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006, including statistics on the number and nature of the contraventions reported, investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Domestic work. With reference to its previous comments, the Committee takes due note of the information provided by the Government that a draft amendment is being formulated to the provisions respecting special conditions of work contained in Title VIII of the Labour Code, including domestic work, and that greater attention will be paid to girls engaged in domestic work. The Committee notes that children, and particularly young girls, engaged in domestic work are often victims of exploitation, which takes widely varying forms, and that it is difficult to monitor their conditions of employment. It therefore encourages the Government to continue its efforts to ensure that young persons under 18 years of age, and particularly young girls, who are engaged in domestic service do not perform hazardous types of work. The Committee hopes that the preparatory work on the draft amendment to Title VIII of the Labour Code will be completed in the near future and that measures will be taken for its adoption very soon. It requests the Government to provide information on any progress achieved in this effect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes note of the information provided by the Government on the results achieved through the implementation, by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI) in collaboration with ILO/IPEC, of programmes of action in agriculture, the coffee harvest, rubbish dumps and public spaces, mines and quarries, domestic service and commercial sexual exploitation. Over 32,000 children and young workers have received direct assistance, of whom 80 per cent have stopped working and have been integrated into school, educational activities or vocational training. Moreover, 73,000 children between 5 and 17 years of age have been prevented from entering the labour market at an early age.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee, noting the measures taken in the context of the National Education Plan (2001–15) to improve access to education, recalled that, in its concluding observations on the third periodic report of the Government in June 2005 (CRC/C/15/Add. 265, paragraphs 54–58), the Committee on the Rights of the Child expressed concern at the information that each year around 850,000 children between 3 and 16 years of age do not attend school for reasons which include the lack of resources allocated to this sector. It requested the Government to take measures to improve the school system. The Committee notes that, according to the statistics of the UNESCO Institute for Statistics, 86 per cent of girls and 88 per cent of boys attend primary school, compared with 46 per cent of girls and 40 per cent of boys for secondary school. It also notes that, according to the final evaluation report on the Strategic National Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers 2001–05 (Strategic Plan 2001–05), a special plan for the enrolment of children in school resulted in the re-enrolment of over 3,455 boys and 2,742 girls in primary school in 2005 and over 50,000 children in 2006. However, despite the efforts made by the Government, the Committee expresses concern at the low school attendance rates, particularly for secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates in secondary school and reducing the school drop-out rate. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. 1. Commercial sexual exploitation. In its previous comments, the Committee noted that information on the measures adopted by the Government in the context of the implementation of the National Plan to Combat the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003–08) (National Plan to Combat Commercial Sexual Exploitation – 2003–08), and particularly the number of children removed from the sex trade and their rehabilitation and social integration. The Committee notes that, according to the 2007 evaluation reports on the ILO/IPEC regional project on the commercial sexual exploitation of children, a greater number of children are being targeted in Nicaragua. Accordingly, 1,720 children should receive direct assistance, of which 580 are in Nicaragua, and 18,000 should receive indirect assistance. The Committee strongly encourages the Government to pursue its efforts to combat commercial sexual exploitation. It requests it to provide information on the implementation of the ILO/IPEC regional project on the commercial sexual exploitation of children and the National Plan to Combat Commercial Sexual Exploitation (2003–08), as well as on the number of children who are in practice removed from this worst form of child labour. Furthermore, the Committee requests the Government to provide information on the economic alternatives envisaged and on the measures taken to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

2. Child labour in agriculture. With reference to its previous comments, the Committee notes that, according to the information available to the Office, Nicaragua has signed a memorandum of understanding with ILO/IPEC for the elimination of the worst forms of child labour, particularly in the agricultural sector. The Committee requests the Government to take effective and time-bound measures to protect children against being engaged in hazardous types of work in the agricultural sector and to provide information on the number of children who are in practice removed from this worst form of child labour. It also requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from this worst form of child labour.

Article 8. International cooperation. 1. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project on the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between participating countries. The Committee is of the view that international cooperation between law enforcement agencies is indispensable to prevent and eliminate commercial sexual exploitation, through the collection and exchange of information and through assistance to detect, prosecute and convict the individuals involved and to repatriate victims. The Committee requests the Government to provide information on the measures that are taken in the context of the implementation of the ILO/IPEC regional project on the commercial sexual exploitation of children with a view to cooperating with the countries participating in the project and thereby reinforcing security measures so as to bring an end to this worst form of child labour.

2. Protocol respecting the repatriation of child victims of trafficking. The Committee takes due note of the Protocol respecting repatriation procedures for boys, girls and young persons who are victims of trafficking (Protocol respecting repatriation procedures for victims of trafficking) adopted by the Ministry of the National Coalition to combat the Trafficking of Persons. It notes that, under section 2 of the Protocol, its objective is to establish inter-institutional coordination mechanisms to offer special protection to child victims of trafficking and to facilitate their repatriation. The Committee also notes that the Protocol respecting repatriation procedures for victims of trafficking applies to both Nicaraguan child victims of trafficking abroad and to foreign victims of trafficking to Nicaragua. The Committee requests the Government to provide information on the effect given to the Protocol respecting repatriation procedures for victims of trafficking, with an indication of the number of Nicaraguan and foreign child victims of this worst form of child labour who have been repatriated.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes that, according to the national study on child labour of 2005 (ENTIA, 2005), 239,220 children between 5–17 years of age are engaged in work in the country. It notes with interest that, according to the final evaluation report of the Strategic National Plan 2001–05 of October 2006, child labour has decreased by around 6 per cent since 2000. According to the final evaluation report, 14,075 children have benefited from programmes of action on the worst forms of child labour implemented in the country by ILO/IPEC . The Committee also notes the statistics on the inspections carried out in relation to the elimination of child labour and the protection of young persons, as communicated by the Government in its report. It further notes that the Office of the Public Prosecutor has adopted a policy of priority criminal prosecution with special emphasis on the trafficking of persons. According to the Government’s indications, this policy is implemented by the unit specializing in gender issues in the department of Managua and, in the rest of the country, by the Office of the Public Prosecutor. The Committee requests the Government to provide information on the implementation of the policy of priority criminal prosecution, particularly with regard to the sale and trafficking of young persons under 18 years of age. It also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by the type of worst form of child labour and by sex.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee noted that the national legislation did not include provisions prohibiting the sale or trafficking of young persons under 18 years of age for economic exploitation. The Committee notes the information provided by the Government that a draft amendment to certain provisions of the Penal Code, particularly relating to the sale or trafficking of young persons under 18 years of age for economic exploitation, is currently being examined with a view to giving full effect to Convention No. 182. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 67 of the Code of Childhood and Adolescence only prohibits publicity agencies, media owners and their workers from using young persons for child pornography. It reminded the Government that the prohibition comtemplated in Article 3(b) of the Convention related to anyone using, procuring or offering a young person under 18 years of age for the production of pornography or for pornographic performances. The Committee hopes that the draft amendment to certain provisions of the Penal Code, when it is adopted, will take into account the provisions contained in Article 3(b) of the Convention.

Article 3(d) and Article 4, paragraphs 1 and 3. Types of hazardous work and revision of the list of the types of hazardous work determined. With reference to its previous comments, the Committee noted with interest that section 133 of the Labour Code, as amended by Act No. 474 of 21 October 2003, contains a list determining the types of employment or work that are prohibited for children (young persons who have not yet reached the age of 13 years) and adolescents (young persons of between 13 and 18 years of age). It also notes that this list was determined following several consultations held at both the national and municipal levels by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI), in which governmental institutions, non-governmental organizations (NGOs), employers’ and workers’ organizations and universities participated.

Article 5. Monitoring mechanisms. In its previous comments, the Committee requested the Government to provide information on the activities of the CNEPTI and on the mechanisms for the implementation of the National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2001-05). In this respect, the Committee notes the information provided by the Government, particularly relating to the methodology to be followed and the activities undertaken by the CNEPTI in relation to the implementation of the National Strategic Plan. It also notes that the process of evaluating the Plan is currently under way and that information on the results achieved will be used for the development of a National Strategic Plan for the Progressive Elimination of Child Labour and the Protection of Young Workers (2006-10). The Committee requests the Government to provide information on the results achieved in the context of the National Strategic Plan (2001-05) and to provide a copy of the National Strategic Plan (2006-10).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. The Committee notes the information provided by the Government concerning the measures taken in the context of the National Education Plan (2001-15), particularly to improve access to education. However, it notes that in its concluding observations on the third periodic report of the Government in June 2005 (CRC/C/15/Add.265, paragraphs 54-58), the Committee on the Rights of the Child expressed concern at the information that each year around 850,000 children between 3 and 16 years of age remain outside the school system for reasons which include the lack of resources allocated to this sector. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will continue its efforts to improve the education system.  It requests the Government to keep it informed of any progress achieved in this respect.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments, the Committee notes the detailed information concerning the programmes of direct action implemented in the country, and particularly: the Programme for the immediate elimination of child labour in the rubbish dumps of Chureca; the Programme for the prevention and elimination of child labour in the coffee industry in the departments of Jinotega and Matagalpa; the Programme for the prevention and elimination of child labour in agricultural work, including the cultivation of rice, beans and maize in the department of Chontales; and the Programme for the elimination of child labour in the "India" mine. It also notes that, with the collaboration of the CNEPTI, around 22 programmes of direct action have been implemented in Nicaragua. These programmes place emphasis on the following components: education, health, economic alternatives for the families of children removed from the worst forms of child labour, training and awareness raising. In this respect, the Committee notes with interest that the activities carried out in the context of these programmes have directly benefited around 16,500 girls, boys and young persons, and indirectly benefited 55,000 girls, boys and young persons, as well as indirectly benefiting 2,716 families. The Committee requests the Government to continue providing information on the programmes of direct action that are currently being implemented in the country, particularly with regard to the number of children who are in practice removed from the worst forms of child labour.

Clause (c). Access to free basic education. The Committee takes due note of the Government’s indications that, following the implementation of the four programmes of action referred to above, a large number of children have been removed from work and have effectively been reintegrated into basic education courses or are following pre-vocational or vocational training.

Clause (d). Identification of children at special risk. Commercial sexual exploitation. With reference to its previous comments concerning the National Plan against the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003-08), the Committee notes the Government’s indications that awareness-raising activities on this problem have been carried out in certain regions of the country which are particularly affected by this worst form of child labour. It also notes that no statistical data on the current situation are available. Nevertheless, a study carried out by the Ministry of the Family in five municipal areas shows that 300 children, both girls and boys, were victims of commercial sexual exploitation. Of this number, 70.3 per cent were girls, with 29.7 per cent being boys. The Committee requests the Government to continue providing information on the National Plan against the Commercial Sexual Exploitation of Girls, Boys and Young Persons (2003-08), and particularly on the number of children removed from the sex trade and their rehabilitation and social integration.

Clause (c). Special situation of girls. The Committee notes the information on the Programme for the Prevention and Elimination of Child Labour as Domestic Servants through Education and Vocational Training in Nicaragua and Honduras. The Committee requests the Government to continue its efforts to ensure the protection of girls working in domestic service against the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. With reference to its previous comments, the Committee notes the Government’s indications concerning its commitment to improve the rate of economic growth in the country and reduce poverty.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee expressed concern at the situation of children in Nicaragua who have to perform the worst forms of child labour. It encouraged the Government to redouble its efforts to improve this situation. The Committee notes the information provided by the Government in its report and on the statistical data compiled following the inspections carried out between 1999 and 2004 by the Directorate for Child Labour. It also notes that a survey on child labour in Nicaragua will be carried out in November 2005. This survey will make it possible to update the statistical data for 2000 and therefore to evaluate the measures adopted for the elimination of child labour. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government to provide the findings of the survey carried out in November 2005.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports and requests it to provide information on the following points.

Article 1 of the Convention. Measures adopted to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that Nicaragua signed a new Memorandum of Understanding (MOU) with ILO/IPEC on 15 May 2002, thereby reaffirming its commitment to the elimination of child labour, with emphasis on its worst forms.

Article 3. Worst forms of child labour. (a). 1. Sale and trafficking of children. Under section 203 of the Penal Code, any person is guilty of the offence of trafficking who recruits or otherwise enlists individuals with their consent, or by means of threats, deceit or other similar forms of subterfuge, for the purposes of prostitution, either within or outside Nicaragua, or who brings persons into the country for this purpose. Under section 552 of the Penal Code, any person commits the offence of the "white slave trade" who engages in the international trafficking of women or children for the purposes of prostitution or commercial sex work. While noting that sections 203 and 552 of the Penal Code concern the sale and trafficking of persons for the purposes of sexual exploitation, the Committee reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. It notes that the national legislation does not appear to contain provisions prohibiting this form of exploitation. It therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for the purposes of economic exploitation. The Committee also requests the Government to indicate the age limits defining the term "child" used in section 552 of the Penal Code.

2. Debt bondage, serfdom and forced or compulsory labour. Under article 40 of the Constitution, no one may be subjected to servitude. Slavery and trafficking, of any nature whatsoever, are prohibited in all their forms.

3. Forced or compulsory recruitment of children for use in armed conflict. Under article 96 of the Constitution, military service is not compulsory and forced recruitment into the army of Nicaragua is prohibited in all its forms. Under section 79 of the Code of Childhood and Adolescence of 1998, any person found to be responsible for inciting girls, boys and young persons to participate in armed conflict or activities of any nature whatsoever is liable to penal sanctions.

Clause (b) 1. Use, procuring or offering of a child for prostitution. Under section 202 of the Penal Code, the crime of procuring or pimping is committed by any person who: (i) establishes or exploits premises for prostitution or, with a view to profit, makes use of physical or moral violence, abuses her or his authority or position, in a fraudulent manner or by means of any similar subterfuge, so that an individual is engaged in a place of prostitution or obliged to remain there, or to oblige her or him to engage, in any manner whatsoever, in any other form of commercial sexual activities; (ii) with a view to profit or to satisfy the needs of another person, encourages, facilitates or promotes prostitution. Section 67 of the Code of Childhood and Adolescence of 1998 prohibits publicity agencies and media owners, and their workers, from disseminating publicity messages of a commercial, political or other nature making use of girls, boys and young persons, through any medium of social communication whatsoever, to promote prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Section 67 of the Code of Childhood and Adolescence of 1998 prohibits publicity agencies, media owners and their workers from disseminating publicity of a commercial, political or other nature which makes use of girls, boys and young persons through any medium of social communication whatsoever, to promote child pornography. The Committee notes that section 67 of the Code of Childhood and Adolescence only prohibits publicity agencies, media owners and their workers from using young persons for the purposes of child pornography. The Committee reminds the Government that the prohibition contained in Article 3(b) of the Convention, namely upon the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances, covers what is considered to be one of the worst forms of child labour, which is prohibited for all persons. The Committee therefore requests the Government to indicate the measures adopted or envisaged with a view to the prohibition of the use, procuring or offering by anyone of a young person under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(c) of the Convention, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, under section 71 of Act No. 285 respecting narcotic, psychotropic and other controlled substances, the act of: (a) inciting or exerting pressure on a young person to commit an offence set out in the law; (b) using a young person to commit an offence; or (e) taking advantage of the situation of being an elder relative or of the authority exercised over a young person, all constitute aggravating factors in the determination of penalties. The Committee notes that the offences defined by Act No. 285 include: the internal or international trafficking of drugs (sections 51 and 52), the production of drugs (section 53), the illegal transport of drugs (section 54), the cultivation of drugs (section 55), the storage of drugs (section 56), the production or trafficking of chemical substances (section 57) and the laundering of money (sections 61 and 62).

Article 3(d) and Article 4, paragraphs 1 and 3. Types of hazardous work and revision of the list of the types of hazardous work determined. The Committee notes that under section 133 of the Labour Code, in conjunction with section 136, it is prohibited to cause young persons, girls and boys under 18 years of age to perform types of work which are unhealthy and involve risks for their morals. The Committee also notes that section 74 of the Code of Childhood and Adolescence of 1998 prohibits the performance by young persons (persons of between 13 and 18 years of age) of types of work which are unhealthy or imperil their life, health and physical and moral integrity. Section 133 of the Labour Code and section 74 of the Code of Childhood and Adolescence of 1998 specify certain activities considered to be hazardous, such as work in mines, underground work, the removal of rubbish, work in places of nocturnal entertainment, work involving the handling of toxic objects and substances, and those involving night work in general. The Committee also notes that, under section 16 of the Ministerial Decision respecting health and safety with regard to the maximum weight which may be carried by a worker, of 22 February 2002, young persons under 18 years of age may not be engaged in the manual transport of a load which requires physical effort, nor in work for which the psycho-physical power required is in excess of their strength. Finally, under section 78 of the Ministerial Decision respecting occupational health at the workplace, of 28 July 2000, it is prohibited to cause children and young persons to perform types of work exposing them to chemical, physical and biological pollutants.

The Committee notes the information provided by the Government in its report that the elimination of the worst forms of child labour is one of the priorities set forth in the National Strategic Plan for the progressive elimination of child labour and the protection of young workers (2001-05). It also notes that the Government undertook, when engaged in consultations in the country with a view to the development of the strategic plan, a preliminary identification of activities which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children. The following activities have been identified as a preliminary step: work in rubbish dumps, streets, public spaces, small, medium and large enterprises and agriculture, as well as in the mining, fishing and shellfish sectors, and at the frontiers of the country. The Committee requests the Government to provide a detailed list of activities considered to constitute the newly determined hazardous forms of work.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. The Committee notes that, in addition to the preliminary identification of activities which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons, the Government has undertaken the identification in geographical terms of these types of activities.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Workers (CNEPTI) is the institution which ensures the enforcement of the national and international laws and standards ratified by Nicaragua relating to the prevention and elimination of child labour and the protection of young workers. The Committee also notes that the CNEPTI is composed of the following institutions: the First Lady of the Republic, the Ministry of Labour, the Ministry of Education, Culture and Sports, the Ministry of Health, the Ministry of the Family, the National Council for Integral Care and Protection of Childhood and Adolescence (CONAPINA), the Nicaraguan Institute of Municipal Authorities, the Nicaraguan Institute of Small and Medium-sized Enterprises, the National Institute of Technology, the Nicaraguan Institute for Women, the Special Ombudsperson for Human Rights and the Rights of Children and Young Persons, two representatives of the Higher Council of Private Enterprise (COSEP), three representatives of workers’ organizations and two representatives of NGOs. In addition, UNICEF, ILO/IPEC and an NGO (Save the Children) participate in the activities of the CNEPTI. The CNEPTI is responsible for the implementation of the National Strategic Plan for the progressive elimination of child labour and the protection of young workers (2001-05). The Strategic Plan forms part of a process of the development of a specific public policy for the prevention and elimination of child labour and the protection of young workers. The persons targeted by the plan are girls, boys and young persons performing work determined to constitute the worst forms of child labour and which are prejudicial to their dignity and moral development. Priority is also given to extremely poor families. The Committee requests the Government to provide information on the activities of the CNEPTI, on the mechanisms established in practice for the implementation of the National Strategic Plan and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that social and economic policies targeted at the prevention and elimination of child labour and the protection of young workers, in conformity with the National Policy for integral action covering childhood and adolescence, have been formulated with the participation of the various government institutions, employers’ and workers’ organizations and other groups concerned. The Committee also notes that, in the context of these social and economic policies, a Public policy against the commercial sexual exploitation of girls, boys and young persons, and a National Strategy and Plan on Education have been developed. Furthermore, it notes that a series of activities on the theme of the prevention and elimination of child labour have been undertaken by the National Commission for the Progressive Elimination of Child Labour and the Protection of Young Persons (CNEPTI), in collaboration with ILO/IPEC and other institutions.

Article 7, paragraph 1. Penalties. Under section 203 of the Penal Code, any person who commits the crime of the trafficking of persons is liable to a sentence of imprisonment of four years. Under section 552 of the Penal Code, any person found guilty of committing the crime of trafficking for prostitution is liable to a sentence of imprisonment of from three to five years. Section 79 of the Code of Childhood and Adolescence of 1998 provides that persons found responsible for inciting girls, boys and young persons to participate in conflicts or armed acts are liable to penal sanctions. In accordance with section 202 of the Penal Code, any person who commits the offence of procuring or pimping is liable to a sentence of imprisonment of from three to six years. By virtue of Act No. 285 on narcotic, psychotropic and other controlled substances, fines and sentences of imprisonment are envisaged for violations of the various crimes set out in the Act. The fines vary between 1 and 5 million cordobas and sentences of imprisonment vary between five and 20 years. Under section 135 of the Labour Code, violations of the labour rights of girls, boys and young persons shall be punished by a fine of between 500 and 5,000 cordobas. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the National Strategic Plan for the progressive elimination of child labour and the protection of young persons (2001-05)places emphasises on the three following areas: education, health and the family. It requests the Government to provide information on the implementation of the National Strategic Plan for the progressive elimination of child labour and the protection of young workersand the results achieved.

Clause (a). Prevent children from being engaged in the worst forms of child labour. The Committee notes that the Strategic Plan is intended to: contribute to the development of a national inter-sectoral policy for the prevention and elimination of child labour and the protection of young workers; give priority to the elimination of the worst forms of child labour and contribute to its prevention; and eliminate child labour through the adoption of preventive measures in the fields of health and education, with these measures also applying to parents. The Committee requests the Government to provide information on the measures adopted in the context of the Strategic Plan which prevent children from being engaged in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the National Strategic Plan envisages the removal from work of at least 70 per cent of girls, boys and young persons engaged in the worst forms of child labour. The Plan also envisages the prevention of work by girls, boys and young persons in the five biggest rubbish dumps in the country and, at the very least, the removal from their work of 85 per cent of the boys and girls working there. The Committee also notes the Government’s collaboration with ILO/IPEC in the context of various direct action programmes, namely: the Programme for the immediate elimination of child labour in the collection of rubbish in the Department of Managua; the Programme for the prevention and elimination of child labour in the coffee industry in the Departments of Jinotega and Matagalpa; and the Programme for the prevention and elimination of child labour in agricultural work, such as rice, bean and maize growing, in the Department of Chontales. The Committee notes that, on the basis of these programmes, the Government hopes to remove 9,115 girls, boys and young persons from work in 2005. Of these, 3,258 will be withdrawn with a view to preventing their entry into the labour market at a young age and 5,237 will be withdrawn and reintegrated into the school system. The Committee requests the Government to provide information on the results achieved, particularly with regard to the number of children actually withdrawn from the worst forms of child labour.

Clause (c). Access to free basic education. Under section 43 of the Code of Childhood and Adolescence of 1998, public education is free and compulsory. The Committee notes that the National Strategic Plan envisages securing free access to primary education for 100 per cent of girls, boys and young workers who are not attending school. It also envisages increasing access to secondary and technical education to at least 50 per cent of young persons who are engaged in the worst forms of child labour. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identification of children at special risk. The Committee notes that the National Plan against the commercial sexual exploitation of girls, boys and young persons (2003-08) includes a series of actions to prevent, detect and penalize acts relating to the sexual exploitation of girls, boys and young persons. The National Plan emphasizes the following forms of sexual exploitation: prostitution, pornography, sexual tourism and the trafficking of boys and girls for sexual purposes. The Committee requests the Government to continue providing information on the National Plan against the commercial sexual exploitation of girls, boys and young persons, and particularly on the number of children removed from the sex trade and their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee notes that section 59 of the Code of Childhood and Adolescence provides that the State is under the obligation, in the context of the implementation of the National Policy of integrated action for children and young persons, to promote the role of girls so as to facilitate the development of their personal identity and dignity and integrate them fully under equal conditions with boys.

The Committee also notes that the Government, in the context of the subregional project "Preventing and eliminating the worst forms of domestic work by children in Central America and Nicaragua", is conducting a study on domestic work by children with a view to identifying its characteristics and scope. According to this study, entitled "Domestic work by children in Nicaragua" undertaken in 2002, over 200,000 girls, boys and young persons engaged in domestic work are the victims of exploitative conditions, do not attend school and are exposed to hazardous products and tools. Of this number (200,000), 90 per cent are girls. They begin working between 8 and 12 years of age and their responsibilities are equivalent to or greater than those of adults. The Committee requests the Government to provide information on the time-bound measures adopted or envisaged to secure the protection of girls engaged in domestic work against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authorities responsible for the implementation of the provisions giving effect to the Convention are, with regard to the Labour Code, courts of appeal, labour judges and the Ministry of Labour. The Government adds that the Directorate of Labour Inspection for Young Persons, coordinated by the Ministry of Labour, is responsible for dealing with denunciations relating to child labour, verifying the application of the legislation governing labour relations and occupational health and safety conditions in workplaces or work centres, and reporting violations of the provisions of the law respecting child labour. The Government also indicates that, with a view to strengthening the labour inspection services, inspectors have received training and, so that they can fulfil their duties more effectively, the necessary material resources and supporting measures have been placed at their disposal. A specific methodological approach to child labour has been developed with a view to carrying out repeated inspections, giving priority to the agricultural sector. The Committee requests the Government to provide information on the inspections carried out by the labour inspection services relating to the worst forms of child labour, including copies and extracts of the reports of the labour inspectorate.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that one of the social and economic policies developed in the context of the National Policy for integrated action covering childhood and adolescence is the reinforced strategy for economic growth and poverty reduction (ERCERP). According to the information available to the ILO, Nicaragua has established a new cooperation programme with UNICEF (2002-2006), the objective of which is to prevent and eliminate child labour. The strategy of this programme is to reduce the participation rate in work of girls, boys and young persons through education. The Committee also notes that Nicaragua is a member of Interpol, the organization which assists cooperation between the countries of the various regions, particularly to combat the trafficking of children. The Committee requests the Government to provide information on the reinforced strategy of economic growth and poverty reduction (ERCERP), particularly in so far as it contributes to the elimination of the worst forms of child labour. It also encourages the Government to continue providing information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the statistical data on the worst forms of child labour supplied by the Government in its report. It notes that, according to these data, the activities in which the largest number of young workers are to be found are the agricultural, forestry and fishing sectors, with a total of 253,057 girls, boys and young persons. Another sector in which a large number of young workers are engaged is that of mines and quarries, with around 140,332 girls, boys and young workers aged between 5 and 17 years. Furthermore, according to these data, the manufacturing industry employs around 501 young persons. The Committee notes the national report on work by children and young persons in Nicaragua of 2000 (ENTIA), prepared in collaboration with ILO/IPEC. It notes that this report contains data which are also worrying: 44 per cent of boys and girls who work are under the minimum age for admission to employment; 13.5 per cent of young workers are under 10 years of age; while 71.5 per cent of young workers are boys and 28.5 per cent girls.

The Committee expresses concern at the situation of children in Nicaragua who have to engage in the worst forms of child labour. It therefore urges the Government to renew its efforts to improve this situation. It also calls upon the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and sentences. To the extent possible, all information provided should be disaggregated by sex.

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