Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Nicaragua (Ratification: 1981)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the measures taken and results achieved through the implementation of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI 2007–16). The Committee also noted the adoption, in December 2010 of the “Roadmap” to make Nicaragua a country free of child labour and its worst forms in order to reach the objective of the eradication of all forms of child labour by 2020.

The Committee takes note of the results achieved under the Coffee Harvesting Plan, the support provided to street children under the “Love programme”, the measures undertaken to give effect to national legislation protecting children in domestic work and the integral assistance provided to children working in mines and hazardous conditions in the departments of Chinandega, El Rama and El Bluff in terms of education, health care and recreational activities. The Committee likewise notes that a total of 4,111 agreements were signed with employers in all departments of the country covering the different sectors of the economy (such as mining, fishing and agriculture) committing to not use any child labour. In addition, 306 parents benefited from educational campaigns on the prevention of child labour and labour rights of young workers, and a total of 25,000 leaflets were produced and distributed to raise awareness of child labour, in particular as regards the recently adopted hazardous work list, the role of the labour inspectorate and child domestic labour.

The Committee observes, however, that according to UNICEF statistics for the years 2000–10, 15 per cent of children under 14 years of age are still involved in child labour. The Committee also notes, on the basis of the report of June 2012 on the ILO–IPEC project entitled “Eliminating Child Labour in Latin America (Phase IV)”, that unlike other countries in the region, the Government has not yet taken programmatic measures nor assigned resources for the implementation of the “Roadmap”. While noting the absence of statistical information in the Government’s report on the nature, extent and trends of child labour, the Committee notes from the report of the ILO–IPEC project that the Government is currently processing the household surveys carried out in December 2010 to establish a national study on child labour.

The Committee strongly encourages the Government to pursue its efforts to combat child labour and requests it to continue to provide information on the results obtained under PEPETI 2007–16. It also requests the Government to ensure the allocation of the necessary resources and programmatic measures to implement the “Roadmap” to abolish child labour in all its forms by 2020 ensuring coordination with the activities under the PEPETI 2007–16. The Committee furthermore again requests the Government to provide statistical information on the nature, extent and trends of the employment of children under 14 years of age, once the child labour survey has been completed. To the extent possible, all information provided should be disaggregated by sex and by age.

Article 2(1). Scope of application of the Convention. The Committee noted previously the comments of the Trade Union Unification Confederation (CUS) reporting that children work in quarrying limestone at San Rafael del Sur, in coffee harvesting in the north of the country and in itinerant trading in the streets of Managua. It also noted the information provided by the Government as regards the increase in inspection visits supervising child labour legislation, the rise in awareness-raising activities on child labour, the adoption of legislation authorizing labour inspectors to visit homes that employ children and young persons as domestic workers and the results of the “Coffee harvesting without child labour” programme.

The Committee notes the Government’s indications 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, coffee producers and key actors in the agricultural sector. In 2010–11, a total of 1,371 children benefited from the programme in the departments of Jinotega, Matagalpa and Carazo. The Committee further notes the measures undertaken to give effect to 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 list of the types of hazardous work.

With regard to labour inspection in general and the implementation of the National Strategic Plan for the PEPETI 2007–16, the Committee notes from the information provided by the Government in its report that in the period 2007–11 a total of 2,709 inspections were carried out as a result of which 2,775 children were withdrawn from child labour and the rights of 6,629 young workers were protected. The Committee notes with interest that the number of inspections increased from 624 in 2010 to 1,301 in 2011. Consequently, in 2011 alone, 1,628 were withdrawn from child labour (compared to 64 in 2010) and the rights of 2,425 young workers were protected (compared to 485 in 2010).

The Government further indicates that special inspection services have focused on the protection of children working in quarrying limestone in San Rafael del Sur. Besides inspection services, activities have 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. While noting the information provided in the Government’s report on the educational assistance provided to street children through the “Love Programme”, as well as the information on the number of labour inspections carried out targeting child labour in general, the Committee notes that the Government’s report contains no information on inspection visits carried out to protect children involved in itinerant trading in the streets of Managua.

Taking due note of the measures taken by the Government to strengthen the capacity of the labour inspection services, the Committee requests the Government to pursue its efforts to remove children working in limestone quarrying and coffee harvesting from hazardous work and provide information on the measures taken and results achieved in this regard. Noting the absence of information on this point in the Government’s report, the Committee again requests the Government to provide information on the measures taken to ensure that children engaged in itinerant trading benefit from the protection provided by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the measures taken to improve the functioning of the education system, in particular access to free primary and secondary education and the adoption of a National Education Strategy (2010–15). However, the Committee also noted the relatively low attendance rates and high school drop-out rates. Considering that the 2006 Education Act provides that schooling is compulsory only to the age of 12, the Committee strongly encouraged the Government to take the necessary steps to ensure compulsory schooling up to the minimum age of admission to employment or work of 14 years.

The Committee notes the various measures undertaken by the Government to reduce school drop-out rates, such as the provision of food at school and school kits, which have resulted in a reduction of the school drop-out rate from 14 per cent in 2007 to 9.4 per cent in 2011. Other activities have included the strengthening of bilingual education to ensure teaching in several indigenous languages. The Committee further notes the measures taken to implement the National Education Strategy (2011–15). The Committee notes that according to the statistics available through the UNESCO Institute for Statistics, the percentage of children that complete primary education has been steadily growing and has increased from 68 per cent in 2002 to 81 per cent in 2010.

However, the Committee notes that the Government’s report contains no information on steps taken to ensure compulsory schooling up to the minimum age for admission to employment or work of 14 years. The Committee notes that while article 121 of the Constitution of Nicaragua provides that primary education is free and obligatory, section 19 of the 2006 Education Act specifies that schooling is compulsory only until the 6th grade of primary school (i.e. up to the age of 12 approximately). The Committee notes that according to statistical tables of the Education for All: Global Monitoring Report 2012, “Youth and skills: Putting education to work”, Nicaragua is the only country in Central America where compulsory education only covers the age group of children between 5 and 12 years of age, instead of children until 14 or 15 years of age. In this regard, the Committee is bound to recall that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371).

Considering that compulsory education is one of the most effective means of combating child labour, the Committee again strongly encourages the Government to take the necessary steps to ensure compulsory schooling up to the minimum age for admission to employment or work of 14 years. It also requests the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent children under 14 years of age from working. It requests the Government to provide information on progress made in this respect.