Maritime Labour Convention, 2006 (MLC, 2006) - Nicaragua (Ratification: 2013)

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Nicaragua on 26 December 2020.

Impact of the COVID-19 pandemic.The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Nicaragua during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions. Implementing measures. The Committee notes that, in response to its previous comments, the Government reiterates that no commercial ships to which the Convention is applicable fly its flag. The Committee recalls that, according to the information provided by the Government, a seafarers’ employment agency is operating in the country and there are 1571 seafarers who are nationals of Nicaragua or resident in the country. The Committee reiterates that Member States are responsible for ensuring the application of the provisions of the Convention concerning the recruitment and placement of seafarers and the social protection of seafarers who are its nationals or are resident or otherwise domiciled in its territory (Regulation 5.3, paragraph 1).The Committee requests the Government to take the necessary measures to give effect to Regulation 5.3, paragraph 1, taking into account its comments relating to Regulation 4.5.

Article II, paragraphs 1(f) and 2, of the Convention. Definitions and scope of application. Seafarers. The Committee notes that, in response to its previous comments concerning the exclusion of certain categories of persons from the definition of seafarer, the Government indicates, with reference to fishing, that the master or officer exercises the function of representative of the employer in accordance with section 162 of the Labour Code. While noting this information, the Committee recalls that the master must be considered a seafarer and enjoy the protection envisaged in all the provisions giving effect to the Convention, without any exceptions. The Committee once again requests the Government to take the necessary measures to bring the legislation into conformity with the Convention so that the master and officers are considered to be seafarers.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that, in reply to its previous comments on the application of Standard A1.2, paragraphs 5, 7(a) and 10, the Government indicates that it is in the process of revising the legal provisions on occupational medical examinations and that the Committee’s comments will be considered in this context. The Government adds that, in specific cases, and at the request of the party, the medical certificate in Spanish and/or English may be extended, for which purpose an official format for a medical certificate could be created for work at sea. In this regard, the Committee recalls that, in accordance with Standard A1.2, paragraph 10, the medical certificates for seafarers working on ships ordinarily engaged in international voyages must as a minimum be provided in English. With reference to its previous comments, the Committee requests the Government to indicate the measures adopted to comply with Standard A1.2, paragraphs 5, 7(a) and 10.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that, in response to its previous comments, the Government indicates that the measures for the implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), there are two registered seafarers’ training centres which are supervised by the Ministry of Transport and Infrastructure. There is also a programme of employment intermediation and vocational skills designed for jobseekers in all sectors in the country, including maritime workers. The Committee requests the Government to provide detailed information on the measures adopted in relation to the national policies to promote employment in the maritime sector and to improve employment opportunities for seafarers domiciled in its territory.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in response to its previous comments, the Government refers to Decree No. 975 issuing regulations under the Basic Social Security Act, and to the operation of optional insurance schemes. The Committee notes that section 5 of Decree No. 975 issuing the Basic Social Security Act specifies those who are covered by compulsory insurance. The Committee requests the Government to clarify whether social security protection in the specified branches covers all seafarers ordinarily resident in Nicaragua, including those working on ships flying foreign flags, and is no less favourable than that enjoyed by shoreworkers resident in its territory (Standard A4.5, paragraph 3) and to indicate the respective legislative provisions.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that, in response to its previous comments, the Government indicates that port State inspections are carried out in accordance with the powers granted by Act No. 399 of 2001, the Water Transport Act and its regulations, and the provisions of International Maritime Organization conventions. The General Directorate of Water Transport (DGTA) has inspectors qualified to discharge these duties. The Committee requests the Government to provide a copy of the national guidance distributed to inspectors in accordance with Standard A5.2.1, paragraph 7, and to provide statistics on:(i) the number of foreign ships inspected in ports in accordance with the MLC, 2006; (ii) the number of more detailed inspections carried out in accordance with Standard A5.2.1, paragraph 1; (iii) the number of cases in which significant deficiencies have been detected; and (iv) the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006 (including seafarers’ rights).The Committee also requests the Government to indicate the measures adopted to establish onshore seafarer complaint-handling procedures, in accordance with Regulation 5.2.2 and the Code.

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

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

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that Nicaragua previously ratified six maritime labour Conventions which have been denounced following the entry into force of the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Nicaragua on 18 January 2017 and 8 January 2019, respectively. Following a first review of the information available, the Committee draws the Government’s attention to the following main issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I of the Convention. General questions. Implementing measures. The Committee notes the Government’s indication that no ship is currently flying its national flag. The Committee notes in general terms that the Government has not yet adopted a legislative framework regulating the matters addressed in the Convention. The Committee recalls that as established in Regulation 5.3, paragraph 1 on labour-supplying responsibilities, without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention. The Committee therefore requests the Government to take the necessary measures to give effect to the provisions of the Convention. The Committee also requests the Government to provide information on any developments in the composition of the national fleet that have an impact on the application of the Convention.

Article II. Definitions and scope of application. The Committee notes the Government’s indication that section 4(6) of Executive Decree No. 03-2009, Regulations of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978/1995, defines “seafarer” as any person educated and/or trained to perform a function or duty on board a ship who holds a certificate issued by a training centre duly accredited by a competent authority and duly recognized, registered and documented by the Maritime Authority. The Committee also notes that section 161 of the Labour Code defines “seafarers” as all persons who, by virtue of an employment contract or relationship, perform any function on board a fishing, cargo, passenger, tourism, exploration or research vessel in marine waters, with the exception of the ship’s master and officers. The Committee recalls that under Article II, paragraph 1(f) of the Convention, the terms “seafarer” or “mariner” mean any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. Noting that the Labour Code excludes the ship’s master and officers from the definition of seafarer, the Committee requests the Government to indicate the measures adopted or envisaged to amend its legislation in order to bring it into conformity with the Convention.

Articles VII and XIII. Consultations. Special Tripartite Committee. The Committee notes the Government’s indication that there are no shipowners’ or seafarers’ organizations in Nicaragua. The Committee recalls that, under Article VII of the Convention, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultations with such organizations may only be decided by that Member after consultation with the Special Tripartite Committee, in accordance with the provisions of Article VIII of the Convention. The Committee requests the Government to make use, in the future, of the mechanism provided for under Article VII of the Convention, in the context of the adoption of the necessary legislative framework to give effect to the provisions of the Convention.

Standard A1.2, paragraph 5. Medical examinations. Right of appeal. The Committee notes that the Government refers, with regard to medical examinations, to section 4 of the Inter-ministerial Decision on Minimum Measures for the Protection of Maritime Labour, section 18 of the Ministerial Decision on Industrial Hygiene in the Workplace and sections 66 and 67 of the Technical Standard relating to Health and Safety Applicable to Work at Sea in Nicaragua. The Committee notes that the legislation concerned does not refer to the right to appeal a medical examination. Recalling that, in accordance with the Convention, seafarers who have been refused a certificate or who have had a limitation imposed on their ability to work, in particular with respect to time, field of work or trading area, shall be given the opportunity to have a further medical examination by another independent medical practitioner or by an independent medical referee, the Committee requests the Government to indicate how it ensures compliance with Standard A1.2, paragraph 5.

Standard A1.2, paragraph 7. Validity of the medical certificate. The Committee notes that section 161 of the Labour Code provides, inter alia, that the seafarers’ medical certificate shall be valid for a maximum period of two years from the date of issuance. The Committee notes, however, that the Labour Code does not contain provisions with respect to seafarers under the age of 18, in which case the maximum period of validity should be a year. The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Standard A1.2, paragraph 10. Medical certificate in English. The Committee notes the Government’s indication that the Ministry of Health issues medical certificates in Spanish only, in conformity with the Political Constitution of Nicaragua. In this respect, the Committee recalls that medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English. The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Regulation 1.4. Recruitment and placement. The Committee notes the Government’s indication that in Nicaragua there is no private or public recruitment and placement service provision for seafarers. The Committee also notes the Government’s indication that there are 1,571 seafarers – 113 women and 1,458 men – who are nationals or residents or who are domiciled in another manner in the country. The Committee requests the Government to indicate the manner in which seafarers are recruited in the country.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. Given the absence of information in this respect, the Committee recalls that, pursuant to the Convention, each Member shall : (1) have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory (Regulation 2.8, paragraph 1); (2) have national policies that encourage career and skill development and employment opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce (Standard A2.8, paragraph 1); and (3) after consulting the shipowners’ and seafarers’ organizations concerned, establish clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training (Standard A2.8, paragraph 3). The Committee requests the Government to indicate the measures adopted to comply with this requirement of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, in conformity with Standard A4.5, paragraphs 2 and 10, the Government specifies the following branches of social security: medical care, sickness benefit, old-age benefit and employment injury benefit. The Committee notes the Government’s reference to Decree No. 974, the Organic Act on Social Security, and Decree No. 975, the Regulations on the Organic Act on Social Security. These standards establish the corresponding legislation on social security not only for maritime labour but for all occupations in general, with regard to: invalidity, old age, survivors, occupational hazards (occupational accident and illness), family benefits, social services, sickness benefits and maternity. The Government also indicates that the voluntary social security scheme applies to the dependants of seafarers. The Committee requests the Government to confirm that the protection mentioned applies to seafarers working on ships flying the flag of other countries no less favourably than for shoreworkers, in conformity with Standard A4.5.

Regulation 5.2 and the Code. Port State responsibilities. Given the absence of information in this respect, the Committee requests the Government to provide detailed information on the manner in which effect is given to Regulation 5.2 and the Code.