Forced Labour Convention, 1930 (No. 29) - Nicaragua (Ratification: 1934)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously welcomed the comprehensive approach towards combating trafficking in persons and requested the Government to accompany the adoption of Act No. 896 of 2015 against trafficking in persons with specific measures to implement its different components. The Committee notes the Government’s indication that between 2019 and 2022 numerous training sessions were held regarding Act No. 896 covering a total of around 475 persons. A total of 18 follow-up and monitoring visits to border posts and tourist areas classified as more vulnerable, as well as campaigns to prevent irregular migration, were carried out. Furthermore, the Committee duly notes the adoption of the Strategic National Plan 2023–27 for the prevention, handling, investigation, prosecution and punishment of the offence of trafficking in persons, which contains four strategic components: (1) strengthening awareness-raising mechanisms for public servants and the general public with a view to preventing the offence of trafficking in persons; (2) strengthening and increasing technical and investigative capacities for prosecution of the offence and the imposition of penalties; (3) preserving and safeguarding the rights of victims and witnesses in judicial proceedings relating to trafficking; and (4) implementation, coordination and monitoring of the National Plan. Regional, departmental and municipal working groups will be established with respect to the implementation of the National Plan. It is also planned to reinforce the single national information registry on trafficking in persons, with work to be coordinated with all institutions tasked with investigations, prosecutions, the imposition of penalties and assistance for victims. The National Anti-Trafficking Coalition as coordinating entity will prepare quarterly evaluation reports on the implementation of the Plan. The Committee encourages the Government to continue taking measures to prevent and combat trafficking in persons, and requests the Government to provide information on the action taken under the four strategic components of the Strategic National Plan 2023–27 for the prevention, handling, investigation, prosecution and punishment of the offence of trafficking in persons, and information on the results of the evaluation of the implementation of the Plan. The Committee also once again requests the Government to provide information on the activities of the National Anti-Trafficking Coalition aimed at coordinating and implementing public policies to combat trafficking in persons.

2. Effective application of the law. The Government states that between 2019 and the first quarter of 2022 a total of eight cases were brought to court, two of which concluded with convictions for the accused, while six cases were still under investigation during the same period. The Committee notes that the objectives of the National Plan include strengthening systems for the registration of complaints, investigations, prosecutions, judicial proceedings and sentences related to trafficking in persons. The Committee requests the Government to continue taking steps to strengthen the capacities of the competent entities with a view to ensuring the effective identification and processing of cases of trafficking in persons for both sexual and labour exploitation. The Committee also requests the Government to provide information on identified cases of trafficking in persons, and also on investigations, prosecutions, convictions and penalties imposed on the basis of section 182 of the Criminal Code, which criminalizes trafficking in persons.

3. Identification of victims and assistance. The Committee notes that the Government refers to the adoption of the National Strategy for comprehensive care and support for trafficking victims in Nicaragua, and also to the Protocol for the repatriation of trafficking victims. Between 2019 and the first quarter of 2022, a total of nine persons benefited from victim care and protection measures, including measures to protect the physical integrity of the victim; medical, legal and psychological assistance; and assistance with basic needs and accommodation for victims and support for their family members. However, the Committee observes that no information has been provided on the total number of trafficking victims registered by the police. The Committee requests the Government to supply up-to-date statistics on the number of victims of trafficking for both sexual and labour exploitation who have been registered, indicating how many of them have benefited from assistance and protection measures. The Committee also requests the Government to provide information on the application of the Protocol for the repatriation of trafficking victims, indicating the number of victims who have been repatriated.

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

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee welcomed the action taken by the Government to strengthen the legislative and institutional framework against trafficking in persons. The Committee particularly noted the adoption of Act No. 896 of 2015 against trafficking in persons, which strengthens the role of the National Coalition against Trafficking in Persons, provides for the establishment of a single national register of information on trafficking in persons and a fund for prevention and for assistance and protection of victims, the resources of which will be allocated as a priority to assist victims. The Committee requested the Government to provide information on the specific measures taken to implement the different components of the Act, namely for prevention, repression, the protection of victims and compensation for the damage suffered.

The Committee notes the Government’s indication in its report that a large number of prevention activities have been undertaken to raise awareness of the phenomenon of trafficking among the general public, with more than 393,000 people participating in these activities. Radio, television and poster information campaigns were carried out with a view to preventing this crime. Furthermore, the Public Prosecutor’s Office organized 88 training sessions specifically covering legislation against trafficking in persons, attended by more than 43,000 officials from various ministries, and the prosecution and judicial authorities. As for repression, the Government indicates that, during the reporting period, the national police investigated five cases of trafficking leading to the release of 12 victims, who were all Nicaraguan nationals, and the Supreme Court of Justice handed down three convictions.

While noting this information, the Committee observes that the Government has only partially responded to its previous comments regarding the measures taken to implement the different components of Act No. 896 of 2015 against trafficking in persons. Consequently, the Committee hopes that the Government’s next report will contain detailed information on:

• - the activities undertaken by the National Coalition against Trafficking in Persons to coordinate, develop and implement public policies to combat trafficking in persons. Please indicate the measures taken or envisaged with a view to the adoption and implementation of the National Strategic Plan for the protection of victims and the prevention, investigation, repression and punishment of the crime of trafficking in persons, provided for in section 9 of the Act of 2015;
• - the establishment of a single national register of information on trafficking in persons and the data gathered on the phenomenon of trafficking, including an analysis of those data;
• - the establishment of funds for prevention and for assistance and protection for victims. Please indicate the number of victims who have benefited from the services of such funds and describe the type of assistance and protection provided;
• - the investigations conducted, the judicial proceedings initiated and the convictions handed down under section 182 of the Penal Code, indicating the nature of the penalties imposed (prison sentences and confiscation of assets) and the nature of the compensation granted to victims, as provided for in sections 39 and 53 of the Act of 2015.

Article 2(2)(c). Sentences of community work. Referring to its previous comments, the Committee requests the Government to provide examples of the work undertaken by persons sentenced to community work, provided for under section 61 of the Penal Code, and to indicate the measures taken to ensure that the bodies for which this work is performed are non-profit-making.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the efforts made by the Government to combat trafficking in persons and requested it to provide information on the action taken by the National Coalition against Trafficking in Persons, the evaluations of the strategy to combat trafficking in persons and the prosecutions initiated under section 182 of the Penal Code criminalizing trafficking in persons.

In its report, the Government refers to the adoption of Act No. 896 of 2015 to combat trafficking in persons. The Committee notes with interest that this Act adopts an integrated approach to combat the issue of trafficking in persons by regulating prevention, investigation, repression, the protection of victims and compensation for damages, and the protection of witnesses. The Act defines the concepts of trafficking in persons, sexual exploitation, labour exploitation, forced labour and servitude, and amends certain provisions of the Penal Code, including section 182, by defining more specifically the elements which constitute the crime of trafficking in persons and by strengthening the applicable penalties. At the institutional level, the Act reaffirms the role of the National Coalition against Trafficking in Persons as the body responsible for coordination and for the formulation, implementation and evaluation of policies, and provides for the creation of a National Executive Committee. The establishment of a single national register of information on trafficking in persons is also envisaged, as well as a fund for prevention, assistance and the protection of victims, the resources of which will be allocated as a priority to assist victims. In this regard, the Committee welcomes the fact that courts handing down convictions for the crime of trafficking must at the same time order compensation for the material and moral damages suffered by the victim, including the restitution of unpaid wages, rehabilitation and reintegration, and repatriation or voluntary return to the place of origin of the victim. In addition, the moveable or immoveable property, objects, products and profits arising out of the crime of trafficking in persons and related crimes will be confiscated by the courts and handed over to the fund. The Committee also notes the Government’s indications concerning the prevention activities undertaken throughout the country to raise the awareness of a large number of people concerning the issue of trafficking and the specific training provided to the police and the prosecution and judicial authorities on the new Act with a view to improving prevention and the identification of the crime of trafficking in persons. With regard to penalties, the Government refers to the administrative penalties applied by the Ministry of Labour against employers subjecting workers to situations of forced labour. The national police has saved 43 victims of trafficking and investigated 18 cases, resulting in 14 prosecutions and the conviction of 12 persons.

The Committee notes that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families, in its concluding observations in 2016, noted that, as a country of origin of migrant workers, Nicaragua faces several challenges in protecting the rights of its nationals abroad. It also noted that, as a transit and destination country, Nicaragua faces difficulties in terms of protecting the rights of migrant workers within its territory. The Committee also expressed concern about the absence of information on progress in the implementation of the Anti-Trafficking Act (CMW/C/NIC/CO/1 of 11 October 2016).

Noting that all of the measures taken by the Government bear witness to its will to combat trafficking in persons, the Committee hopes that the adoption of Act No. 896 of 2015 to combat trafficking in persons will be accompanied by the specific measures necessary for the implementation of its various components, namely prevention, investigation, repression, the protection of victims and compensation for the damages suffered, and the protection of witnesses. Please provide detailed information on this subject. Please also indicate whether the single national register of information on trafficking in persons and the fund for prevention, assistance and the protection of victims have been established and provide information on their operation, and indicate whether a national plan to combat trafficking has been adopted. Finally, the Committee hopes that the Government will continue to build the capacities of the law enforcement agencies (the labour inspectorate, the police, the Office of the Public Prosecutor and magistrates) so that they are fully able to identify cases of trafficking in persons and coordinate their action to protect victims and prosecute those responsible. Please provide information on the measures adopted for this purpose and on the prosecutions initiated under section 182 of the Penal Code, the penalties imposed (sentences of imprisonment and the confiscation of assets) and the compensation awarded to victims.

Article 2(2)(c). Sentences of community work. With reference to its previous comments, the Committee notes the examples of the work carried out by persons convicted to sentences of community work as set out in in section 61 of the Penal Code and observes that this work was undertaken for the benefit of health centres and schools. The Committee requests the Government to continue ensuring in future that the work undertaken in the context of this penalty is of the general interest in practice, and that the bodies for which it is performed are not profit making.

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 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee referred to section 182 of the Penal Code, which defines the elements which constitute trafficking in persons and provides for prison sentences of between seven to ten years, and requested the Government to provide information on the judicial proceedings initiated on the basis of that provision and on the steps taken to protect victims of trafficking.

The Committee notes that, in its report, the Government provides information on the role played by the national police in combating trafficking in persons and on the steps taken in cooperation with the Public Prosecutor, the Office of the Attorney General, the judicial system, NGOs and the International Organization for Migration (IOM) to prevent and combat trafficking. The public at large has been informed in detail of the activities of these institutions particularly through public information campaigns, press releases and reports on trafficking in persons. The Government refers also to the periodic assessments by the National Coalition against Trafficking in Persons on the implementation of workplans and on government commitments to combat trafficking in persons. With regard to the protection afforded to victims of trafficking, the Government states that, when identified, the victims are not arrested but are assisted by the General Directorate of Migrants and Non-Nationals to regularize their migrant status or to arrange for their repatriation, and that they are put in touch with the Ministry for the Family, which coordinates the assistance and care of victims of trafficking received throughout the period of investigation. Moreover, Act No. 735 of 2010 on the prevention, investigation and prosecution of organized crime, which includes trafficking in persons as an organized crime, contains provisions aimed at protecting the victims and witnesses of such crimes so that they can testify. Finally, the Government provides statistics on the 11 judicial proceedings for trafficking initiated under section 182 of the Penal Code for the years 2008–11, four of which resulted in prison sentences being imposed on perpetrators.

The Committee observes that the information provided by the Government bears witness to the steps taken to combat trafficking in persons and hopes that it will continue taking action in this respect. It therefore requests the Government to provide information on the activities of the National Coalition against Trafficking of Persons, on the regular assessments of the anti-trafficking strategy made by the Coalition and on the follow-up action taken. It also request the Government to indicate the measures taken to increase the resources and capacity of law enforcement bodies (labour inspectorate, police, public prosecutor and the courts) as well as to ensure better protection of victims and enable them to assert their rights. Finally, the Committee requests the Government to provide information on the judicial procedures initiated under section 182 of the Penal Code and to indicate the sanctions applied.

Article 2(2)(c). Sentences of community work. In its previous comments, the Committee asked the Government to provide examples of work carried out in the form of penal labour for the benefit of the community as provided for in section 62 of the Penal Code, together with a list of bodies authorized to benefit from such labour. The Committee notes that the Government states in its report that no such had been elaborated. The Committee requests the Government to indicate whether there have been instances of labour in the interest of the community being imposed by the courts and, if so, to provide examples of the work carried out by people so sentenced as well as of private entities for which such work is carried out.

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

Referring to its previous comments on the action of the labour inspectorate to end situations in which workers can be obliged to perform overtime work beyond the legal limits, the Committee notes that, in its report, the Government indicates that the labour inspectorate has sufficient means to carry out inspections to ensure respect for workers’ rights in all the sectors of the economy and can therefore identify and stop situations that could constitute violations of fundamental workers’ rights.

The Committee also notes that the Government provides no information on the other matters raised in its previous direct request, which read as follows:

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee referred to section 182 of the Penal Code, which defines the elements which constitute trafficking in persons and provides for prison sentences of between seven to ten years, and requested the Government to provide information on the judicial proceedings initiated on the basis of that provision and on the steps taken to protect victims of trafficking.

The Committee notes that, in its report, the Government provides information on the role played by the national police in combating trafficking in persons and on the steps taken in cooperation with the Public Prosecutor, the Office of the Attorney General, the judicial system, NGOs and the International Organization for Migration (IOM) to prevent and combat trafficking. The public at large has been informed in detail of the activities of these institutions particularly through public information campaigns, press releases and reports on trafficking in persons. The Government refers also to the periodic assessments by the National Coalition against Trafficking in Persons on the implementation of workplans and on government commitments to combat trafficking in persons. With regard to the protection afforded to victims of trafficking, the Government states that, when identified, the victims are not arrested but are assisted by the General Directorate of Migrants and Non-Nationals to regularize their migrant status or to arrange for their repatriation, and that they are put in touch with the Ministry for the Family, which coordinates the assistance and care of victims of trafficking received throughout the period of investigation. Moreover, Act No. 735 of 2010 on the prevention, investigation and prosecution of organized crime, which includes trafficking in persons as an organized crime, contains provisions aimed at protecting the victims and witnesses of such crimes so that they can testify. Finally, the Government provides statistics on the 11 judicial proceedings for trafficking initiated under section 182 of the Penal Code for the years 2008–11, four of which resulted in prison sentences being imposed on perpetrators.

The Committee observes that the information provided by the Government bears witness to the steps taken to combat trafficking in persons and hopes that it will continue taking action in this respect. It therefore requests the Government to provide information on the activities of the National Coalition against Trafficking of Persons, on the regular assessments of the anti-trafficking strategy made by the Coalition and on the follow-up action taken. It also request the Government to indicate the measures taken to increase the resources and capacity of law enforcement bodies (labour inspectorate, police, public prosecutor and the courts) as well as to ensure better protection of victims and enable them to assert their rights. Finally, the Committee requests the Government to provide information on the judicial procedures initiated under section 182 of the Penal Code and to indicate the sanctions applied.

Article 2(2)(c). Sentences of community work. In its previous comments, the Committee asked the Government to provide examples of work carried out in the form of penal labour for the benefit of the community as provided for in section 62 of the Penal Code, together with a list of bodies authorized to benefit from such labour. The Committee notes that the Government states in its report that no such had been elaborated. The Committee requests the Government to indicate whether there have been instances of labour in the interest of the community being imposed by the courts and, if so, to provide examples of the work carried out by people so sentenced as well as of private entities for which such work is carried out.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations provided by the Trade Union Unification Confederation (CUS) in August 2011 regarding the imposition of unremunerated overtime in certain sectors of the economy in the absence of any supervision by the labour inspectorate. The CUS refers to workers in the export processing zones (maquilas), to domestic workers who also have no minimum wage, to workers in public hospitals and to people working in call centres. The Committee notes that, in its reply received in January 2012, the Government states that, wherever the authorities have found that overtime has been imposed beyond the eight-hour workday without the consent of the workers, they have insisted that the employers pay proper overtime rates and guarantee that the overtime is voluntary. The Committee requests the Government to ensure that the labour inspectorate has the sufficient means to verify working conditions in the sectors referred to above and, where appropriate, to put a stop to situations that could be tantamount to forced labour, i.e. where workers are obliged to work overtime beyond the limits set by national legislation under the menace of a penalty and without being able to provide their valid consent. The Committee refers in this respect to its observation on the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee referred to section 182 of the Penal Code, which defines the elements which constitute trafficking in persons and provides for prison sentences of between seven to ten years, and requested the Government to provide information on the judicial proceedings initiated on the basis of that provision and on the steps taken to protect victims of trafficking.

The Committee notes that, in its report, the Government provides information on the role played by the national police in combating trafficking in persons and on the steps taken in cooperation with the Public Prosecutor, the Office of the Attorney General, the judicial system, NGOs and the International Organization for Migration (IOM) to prevent and combat trafficking. The public at large has been informed in detail of the activities of these institutions particularly through public information campaigns, press releases and reports on trafficking in persons. The Government refers also to the periodic assessments by the National Coalition against Trafficking in Persons on the implementation of workplans and on government commitments to combat trafficking in persons. With regard to the protection afforded to victims of trafficking, the Government states that, when identified, the victims are not arrested but are assisted by the General Directorate of Migrants and Non-Nationals to regularize their migrant status or to arrange for their repatriation, and that they are put in touch with the Ministry for the Family, which coordinates the assistance and care of victims of trafficking received throughout the period of investigation. Moreover, Act No. 735 of 2010 on the prevention, investigation and prosecution of organized crime, which includes trafficking in persons as an organized crime, contains provisions aimed at protecting the victims and witnesses of such crimes so that they can testify. Finally, the Government provides statistics on the 11 judicial proceedings for trafficking initiated under section 182 of the Penal Code for the years 2008–11, four of which resulted in prison sentences being imposed on perpetrators.

The Committee observes that the information provided by the Government bears witness to the steps taken to combat trafficking in persons and hopes that it will continue taking action in this respect. It therefore requests the Government to provide information on the activities of the National Coalition against Trafficking of Persons, on the regular assessments of the anti-trafficking strategy made by the Coalition and on the follow-up action taken. It also request the Government to indicate the measures taken to increase the resources and capacity of law enforcement bodies (labour inspectorate, police, public prosecutor and the courts) as well as to ensure better protection of victims and enable them to assert their rights. Finally, the Committee requests the Government to provide information on the judicial procedures initiated under section 182 of the Penal Code and to indicate the sanctions applied.

Article 2(2)(c). Imposition Committee of labour for the benefit of the community. In its previous comments, the Committee asked the Government to provide examples of work carried out in the form of penal labour for the benefit of the community as provided for in section 62 of the Penal Code, together with a list of bodies authorized to benefit from such labour. The Committee notes that the Government states in its report that no such had been elaborated. The Committee requests the Government to indicate whether there have been instances of labour in the interest of the community being imposed by the courts and, if so, to provide examples of the work carried out by people so sentenced as well as of private bodies for which such work is carried out.

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

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Prohibition of forced labour. The Committee notes with interest the adoption of the Penal Code of May 2008, which contains provisions relative to a general prohibition of forced labour as well as provisions specifically aimed at combating trafficking in persons for purposes of sexual and labour exploitation. Under section 315: “Any person who subjects, reduces or keeps another person to or in slavery or conditions similar to slavery, forced or compulsory labour, bonded labour or any other situation contrary to human dignity in the activity of work shall be punished with imprisonment of five to eight years”. A sentence of five to eight years will be imposed on those who commit trafficking in persons for the purpose of subjecting them to activities of labour exploitation, as well as forced recruitment to participate in armed conflicts.

Trafficking in persons and penalties that are effective and strictly enforced. The Committee notes with interest section 182 of the Penal Code, which provides: “Whoever, in the exercise of authority or by means of threats, offers or deception, promotes, facilitates, induces or carries out the capture, recruitment, hiring, transport, transfer, retention, harbouring or receipt of persons for purposes of slavery or sexual exploitation or adoption, so as to be exercised within or outside national territory, even with the consent of the victim, shall be punished with imprisonment of seven to ten years”. Under section 16 the penal law is equally made applicable to those who commit outside national territory the offence of trafficking in persons for purposes of slavery or sexual exploitation and exploitation of labour. The Committee requests the Government to provide information about the application of the provisions of the Penal Code adopted to suppress trafficking in persons, a practice that constitutes a serious violation of the Convention, and about any other measures being taken with a view to bringing about its eradication.

In conformity with Article 25 of the Convention, the exaction of forced or compulsory labour must be the object of penal sanctions that are really adequate and are strictly enforced. The Committee requests the Government to provide information about the number of cases of trafficking in persons that have been reported, those which have resulted in judicial proceedings and the sanctions imposed on those responsible. The Committee also requests the Government to provide information about the measures taken or envisaged for the protection of victims of trafficking.

Work provided for the benefit of the community. The Committee notes that in the application of section 61 of the Penal Code the penalty of performance of work for the benefit of the community may be imposed, and that the work will be sponsored by the municipal administration, a public entity or a public interest association. The Committee requests the Government to provide information about the type of work that may be imposed for the benefit of the community and the list of public interest associations authorized to benefit from this work.

The Committee has noted the information provided by the Government in relation to the issues raised in its previous direct request regarding prison work and the freedom of military personnel to leave their employment.

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

Article 2, paragraph 1, of the Convention. In its previous comments, the Committee noted that the draft Penal Code, which was discussed in the National Assembly, devotes a heading to labour law violations (Title XI of Book II) and provides in section 298 (slavery and exploitation) that any person who subjects or reduces a person to, or keeps a person in, slavery or servitude or any other situation which violates human dignity at work is liable to imprisonment for between three and six years. The Committee notes that the Government will provide a copy of the Penal Code when it has been adopted.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee noted previously section 77 of Act No. 473 on the prison system and the serving of sentences under which work contracts for the provision of services may be concluded with enterprises or individuals. The Committee requested the Government to provide copies of such contracts and asked it to indicate the manner in which detainees give their consent for work performed for a private enterprise or individual.

The Committee notes the Government’s indication in its report that there are currently no work contracts for the provision of services concluded by prison administrations with private enterprises or individuals. The Committee hopes that, if such contracts are concluded, the Government will provide information in future reports on the arrangements under which work by detainees is used by private enterprises.

2. Performance of community work. The Committee notes that the draft text of the Penal Code to which it referred previously provided, in section 61, for the penalty of the performance of community work. This penalty of the performance of unpaid work for the benefit of the community or in the public interest may be imposed for between ten and 90 working days and obliges the convicted person to perform physical or intellectual work. The judge determines the hours and place of work (public or private establishments serving the public interest). Work for the benefit of the community is provided by the local administration, which may conclude the appropriate contracts, and must be non-profit making. As soon as this provision of the Penal Code enters into force, or if other provisions already allow the competent legal authorities to pronounce this type of sentence, the Committee requests the Government to provide more detailed information on the nature of the work performed in the context of community work and on the entities for whose benefit this work is carried out. Please also send, where appropriate, a copy of any text regulating this type of work.

Freedom of members of the armed forces to leave their employment

In its previous comments, the Committee requested the Government to indicate whether, in practice, the relevant military authority has already refused an application to leave the forces, the possibility of which is envisaged in section 118 of the internal military rules and, if so, to indicate the reasons given for such refusal. The Committee notes that the Government’s report does not contain the information requested and hopes that the Government will provide it in its next report.

Trafficking in persons for exploitation

In its previous direct request, the Committee noted the provisions of section 203 of the Penal Code concerning the criminal offence of trafficking in persons. Under this section, any person who recruits or enlists individuals, with their consent or by recourse to threats, offers, deception or any other similar machination, to engage in prostitution inside or outside the Republic, or any person who brings individuals into the country to engage in prostitution commits an offence which shall be penalized with between four and ten years’ imprisonment. The Committee noted that this provision does not refer to the trafficking in persons to exploit their work but only to trafficking in persons for use in prostitution. Nevertheless, it noted that the draft Penal Code closed this loophole as, in addition to a section specially devoted to the trafficking in persons for sexual purposes (section 193), section 460 (trade in persons) provides that any person who, on his own account or as a member of an international organization, engages in the trade of persons for whatever purpose shall be liable to imprisonment for between four and eight years. The Committee trusts that this draft text will be adopted in the near future. It requests the Government to provide information on the application in practice of the above provisions of the Penal Code. Please indicate whether legal proceedings have been instituted against persons responsible for the trafficking in persons for prostitution or to exploit their work and indicate the sentences that have been imposed. The Committee notes the information provided by the Government on the measures adopted to promote the policy on the trafficking in persons, including a massive campaign at the national level and the establishment of the National Coalition to Combat Trafficking in Persons.

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

Article 2, paragraph 1, of the Convention. Definition of forced labour. The Committee notes the information provided by the Government in its 2002 report to the effect that the National Assembly was discussing a draft reform of the Penal Code. In the context of legislative provisions enabling effect to be given to the Convention, the Government drew attention to the provisions of section 174 (constraint and displacement). Under this section, constraining a person, using violence or intimidation, to do, not to do or to tolerate something which that person is not obliged to do, shall be liable to imprisonment of between one and three years plus a fine. The penalty is increased to between two and fours years’ imprisonment when the constraint obstructs the exercise of a right guaranteed by the Constitution, and to between two and six years when the constraint obliges a person to change domicile or residence or to abandon temporarily or permanently his place of abode. The Committee notes this provision. It has also noted the whole draft of the Penal Code - the draft being available on the National Assembly’s web site - and notes with interest that one heading is now devoted to labour law violations (Title XI of Volume II). Hence section 298 (slavery and exploitation) states that any person who subjects or reduces a person to, or keeps a person in, slavery or servitude or any other situation which violates human dignity at work is liable to imprisonment of between three and six years. The Committee hopes that it will be possible to adopt this draft in the near future and, if so, requests the Government to send a copy of it.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes the adoption on 21 November 2003 of Act No. 473 on the prison system and the serving of sentences. Chapter IX of the Act is devoted to prison work and its rehabilitative function. Under section 77 of the Act, the participation of detainees in work is the fundamental component of the "prison process", the purpose of which is the social reintegration of detainees. To this end, section 77 lists a number of compulsory features of prison work. Hence, for example, the detainee’s explicit consent is required and the work must be provided as far as possible by the prison administration. However, work contracts for the provision of services may be concluded with enterprises or individuals outside the prison under the responsibility, control and supervision of the national prison system authorities. This section also provides that the remuneration of detainees depends on the type, method and characteristics of the work performed and that measures concerning the safety of detainees are the exclusive responsibility of the National Prison System Department.

In this regard the Committee reminds the Government that, under Article 2, paragraph 2(c), of the Convention, any work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. In this connection, the Committee would be grateful if the Government would send copies of any contracts of work for the provision of services concluded between prison administrations and private enterprises or individuals, whether the work is performed by detainees inside or outside prisons. It also requests the Government to indicate in what manner detainees give their consent to work done for a private enterprise or individual.

2. The Committee notes that section 61 of the draft Penal Code, which has already been referred to above, provides for the performance of work in the public interest. Unpaid work of this type, for the community or in the public interest, may be imposed for between ten and 90 days and obliges the convicted person to perform physical or intellectual work. The judge determines the hours and place of work (public or private establishment serving the public interest). Work for the benefit of the community is provided by the local administration, which may conclude the appropriate contracts, and must be non-profit-making. As soon as this provision of the Penal Code enters into force or if other provisions already allow the competent legal authorities to pronounce this type of sentence, the Committee requests the Government to provide more detailed information on the nature of work performed in the context of work in the general interest and on the entities for whose benefit this work is carried out. Please also send, if appropriate, a copy of any text regulating the aforementioned work.

Freedom of career members of the armed forces to leave their employment. Referring to the Committee’s previous comments concerning the possibility for career members of the armed forces to leave their employment, the Government sent a copy of the provisions of section 118 of the "normativa interna militar". Under these provisions, the member of the armed forces is in a situation of "retiro" when he ceases to serve in the army. The situation of "retiro" may occur at the request of the interested party once the application is approved by the relevant military authority. The Committee notes this information and requests the Government to indicate whether, in practice, the relevant military authority has already refused such an application and, if so, for what reasons.

Trafficking in persons. The Committee notes the information communicated by the Government in reply to its general observation on the trafficking in persons and in particular the provisions of section 203 of the Penal Code concerning the criminal offence of trafficking in persons. Under this section, anyone who recruits or enlists persons, with their consent or by recourse to threats, offers, deception or any other machination of this sort, to engage in prostitution inside or outside the country, or anyone who brings persons into the country to engage in prostitution shall be liable to imprisonment of between four and ten years. The Committee notes that this provision does not refer to the trafficking in persons in order to exploit their work but solely to the trafficking in persons in order to use them for prostitution. It notes with interest, however, that the draft Penal Code closes this loophole inasmuch as, in addition to a section specially devoted to the trafficking in persons for sexual purposes (section 193), section 460 (trade in persons) provides that any person who, on his own account or as a member of an international organization, engages in the trade in persons for whatever purpose will be liable to imprisonment of between four and eight years. The Committee hopes that this draft will be adopted soon. It requests the Government to provide information on the application in practice of the aforementioned provisions of the Penal Code and, if appropriate, of the draft Penal Code. Please indicate in particular whether legal proceedings have been instituted against persons responsible for the trafficking of persons in order to use them for prostitution or exploit their work and state any prison sentences which have been imposed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's reports.

Article 1, paragraph 1, Article 2, paragraphs 1 and 2, and Article 25 of the Convention. 1. The Committee notes the Government's statement to the effect that, if forced or compulsory labour is illegally exacted by a public servant, a public body, a person or a private legal entity, the sanctions provided for in the Penal Code are applied. The Committee requests the Government to specify in its next report the precise provisions which indicate this.

2. The Committee notes the information in respect of military service and, in particular, the fact that there is no compulsory military service in Nicaragua. The Committee requests the Government to indicate whether persons who sign up for a military career have the right to resign, and to transmit a copy of the provisions in question.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous direct request, the Committee asked the Government to provide information on the current status of the Civil Service and Administrative Careers Act and on the freedom of public servants to leave the service. The Committee notes that the application of the above Act continues to be suspended and that, according to the information supplied by the Government in its report, public servants enjoy complete freedom to leave the service when they consider it appropriate to do so.

With regard to members of the national army, the Government states that, with a view to ensuring the functioning of the army and its subordination to the authority of the civil Government, the draft text of a basic law respecting the armed forces will be submitted to the National Assembly and will cover, among other matters, the retirement of members of the armed forces.

The Committee requests the Government to supply a copy of the above text once it has been adopted.

2. The Committee noted that, pursuant to the Act respecting the encouragement and promotion of the practices of production of 18 November 1992, the various university faculties had concluded agreements with production entities, which are regulated by the Regulations of the Academic Regime, and it requested the Government to provide a copy of the above Regulations.

The Committee notes that section 34 of the above-mentioned Regulations refers to production practices as the activity through which the principles of combining studies with work are applied and that section 42 establishes the practices to be undertaken in production entities and enterprises in order to comply with the prescribed objectives. The Committee notes the Government's statement in its report that the National Universities Council has established a special commission which is drawing up new Academic Regulations which are adapted to the current situation. The Committee requests the Government to supply a copy of the above Regulations.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

By virtue of Article 2, paragraph 2(c), of the Convention, work may only be exacted as a consequence of a conviction in a court of law. The Committee notes with satisfaction that Decree No. 559, which empowered the police to impose penalties involving compulsory labour, was explicitly repealed by Act No. 124 of July 1991 to reform penal procedures.

With reference to the application of this Article of the Convention, the Committee has been referring for many years to the need to delete from the Police Regulations Chapters XV and XVI of Title III and clause 22 of section 521, which have already been repealed by the 1944 Labour Code, and the need to repeal or amend sections 29, 32 to 38, 522(8), 533(3)(6)(20) and (24), 545(13) and 575 of the Police Regulations, under which sentences involving compulsory labour can be imposed by decision of police magistrates; and also the Act of 17 July 1948 on the powers of police magistrates, who are officials of the Executive, to pronounce sentences involving compulsory labour. The Committee hopes that the Government will take the necessary measures without delay to ensure that the national legislation is brought formally into conformity with the Convention and thereby remove any doubts as to the legislation which is actually enforced.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Freedom of workers in the service of the State to leave their employment. In previous comments the Committee asked the Government to provide information on the situation of civil servants, members of the national army, of the Sandinista police force and other armed bodies, particularly in respect of their freedom to leave the service on their own initiative within a reasonable period, either at regular intervals or with previous notice.

The Committee notes the Civil Service and Administrative Career Act (No. 70 of 5 December 1989) to regulate the labour of public servants who are excluded from the scope of the Labour Code (section 9(2)), and the provisions concerning resignation from the public service.

The Committee also notes that Legislative Decree No. 8-90 of 10 May 1990 suspended the application of the Civil Service and Administrative Career Act referred to above. The Committee asks the Government to provide information on the current status of the Civil Service and Administrative Career Act and of the freedom of public servants to leave the service.

The Committee also asks the Government to supply information concerning the provisions on resignation which apply to members of the national army and the Sandinista police.

2. In earlier comments, the Committee referred to the Act respecting the judicial functions of the Sandinista police force (approved by Decree No. 559 of 25 October 1980) which empowered this body of police to apply sanctions involving compulsory labour, which is contrary to Article 2(c) of the Convention.

The Committee notes with interest that the Act respecting the functions of the Sandinista police (No. 65 of 30 October 1988) supplied by the Government, does not confer judicial competence on this body. The Committee asks the Government to state whether Decree No. 559 has been explicitly repealed and, if not, to provide information on measures that have been taken or are envisaged to bring to the notice of the public, including the persons invested with the powers conferred by the above-mentioned Decree, that the judicial competence of the Sandinista police has been abolished.

In earlier comments, the Committee has repeatedly indicated the need to delete from a forthcoming edition of the Police Regulations Chapters XV and XVI of Title III and clause 22 of section 521, which have already been repealed by section 369 of the 1944 Labour Code, and the need to repeal or amend sections 29, 32 to 38, 522, clause 8; 533, clauses 3, 6, 20 and 24; 545, clause 13 and 575 of the Police Regulations, under which sentences involving compulsory labour can be imposed by decision of police magistrates; and also the Act of 17 July 1948 on the powers of police magistrates, who are officials of the Executive, to pronounce sentences involving compulsory labour.

The Committee hopes that the Government will shortly be able to inform it of the measures taken to bring the national legislation formally into line with the Convention and thereby remove any doubts as to the legislation actually in force.

3. The Committee notes that, pursuant to the Act respecting the encouragement and promotion of the practices of production of 18 November 1982, the various university faculties have concluded agreements with production entities, which are regulated by the Regulations of the Academic Regime. The Committee asks the Government to provide a copy of the above Regulations.

4. The Committee takes note of the Act of 1958 to establish compulsory social service.

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

1. Freedom of workers in the service of the State to leave their employment. In previous comments, the Committee requested the Government to provide information on the situation of civil servants, members of the national army, of the Sandinist police force and other armed bodies, particularly in respect of their freedom to leave the service on their own initiative after a reasonable time, either at regular intervals or with previous notice. The Committee noted that the Labour Legislation Division of the Ministry of Labour had prepared a draft to govern the employment of state servants excluded from the scope of the Labour Code (section 9(2)).

The Committee notes from the Government's report that the above draft has not yet been adopted, and therefore requests the Government to continue providing information on the matter and to send a copy of the law once it has been adopted.

2. In earlier comments, the Committee has repeatedly indicated the need to delete from a forthcoming edition of the Police Regulations Chapters XV and XVI of Title III and clause 22 of section 521, which have already been repealed by section 369 of the 1944 Labour Code, and the need to repeal or amend sections 29, 32 to 38, 522, clause 8, 533, clauses 3, 6, 20 and 24, 545, clause 13 and 575 of the Police Regulations, under which sentences involving compulsory labour can be imposed by decision of police magistrates; and also the Act of 17 July 1948 on powers of police magistrates, who are officials of the Executive, to pronounce sentences involving compulsory labour. The Committee has also referred to the Act respecting the judicial functions of the Sandinist police force, approved by Decree No. 559 of 25 October 1980 (Official Gazette No. 253 of November 1980) which confers on this body of police, coming under the Ministry of the Interior, judicial competence to apply the police laws and regulations, a competence to be exercised by examining magistrates of the police force.

The Committee notes that, according to the Government's report, the Ministry of Labour is continuing to press for the reforms but that no decision has yet been taken.

The Committee again points out, as it does in paragraphs 94 to 96 of its General Survey of 1979 on the Abolition of Forced Labour, that work can be exacted only as a consequence of a conviction in a court of law and that compulsory labour imposed by the administrative authorities or other non-judicial bodies is not compatible with the Convention.

The Committee has been raising this matter in its comments for many years, and therefore hopes that the Government will rapidly take the necessary measures to amend or repeal the above sections of the Police Regulations and to ensure that police magistrates and examining magistrates of the police force may on no account impose sanctions involving the obligation to work.

3. The Committee asked the Government to provide a copy of the Act of 1958 to establish a compulsory social service.

4. The Committee takes note of the Regulations of the Academic Regime and of the Regulations of the Movement of Student-Assistants of March 1987 provided by the Government.