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

Minimum Age Convention, 1973 (No. 138) - 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 that, according to the national study on child labour of 2005 (ENTIA 2005), 239,220 children between the ages of 5 and 17 years were engaged in work in the country. The Committee also noted with interest that, according to the final evaluation report of the National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (2001–05) (Strategic Plan 2001–05) of October 2006, child labour has decreased by around 6 per cent since 2000. According to this final report, over 100,000 children in poor families received direct or indirect assistance from the various actors in civil society who were engaged in the implementation of the Strategic Plan 2001–05. Furthermore, 14,075 children benefited from action programmes on the worst forms of child labour implemented by ILO/IPEC in the country.

The Committee also noted the draft Decent Work Country Programme for Nicaragua and noted that measures were envisaged to improve the application of standards relating to child labour and to continue efforts for the progressive elimination of child labour by 2015, with particular reference to the worst forms of child labour. Furthermore, the Committee noted the information provided by the Government according to which a second National Strategic Plan for the Prevention and Elimination of Child Labour and the Protection of Young Workers (PEPETI 2007–16) was being prepared. The Committee requested the Government to provide information on the measures taken in the context of the draft Decent Work Country Programme to eliminate child labour. It also requested it to provide information on the PEPETI 2007–16, as well as on the action programmes implemented in the context of this Plan and the results achieved in terms of the progressive abolition of child labour.

The Committee notes the final text of the Decent Work Country Programme, which was prepared with ILO assistance. It notes that, in the context of this programme, it is envisaged to strengthen the work of the National Committee on the Progressive Elimination of Child Labour (CNEPTI) and the National Committee against the Sexual Exploitation of Children and Young Persons. The Decent Work County Programme also aims to promote the creation and implementation of a system of monitoring and evaluation of the PEPETI 2007–16 and the improvement of the information system so that information is available concerning the magnitude, distribution and characteristics of child labour in the country.

The Committee also notes the information provided by the Government that the specific objectives of the PEPETI 2007–16 are namely: the removal of children from work and their integration into the education system; access to free health services for children who are removed from work and their families; access to income-generating projects and programmes for the families of working children and young persons; the adaptation of the national legislation; the participation of the social partners and particularly working children and young persons and their families in measures and the process of preventing and eliminating child labour; and the establishment of bodies for the supervision, monitoring and evaluation of child labour.

The Committee also notes that the Government supports the “Love Programme” (Programa Amor), 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 Prosecutor and the Public Prosecutor’s Office. The programme aims to restore the rights of children and adolescents, to ensure the right of children and young persons to an education and to ensure that children have access to health, security, sport, art and leisure. To that end, it provides for the creation of child development centres and community daycares 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 daycares. Furthermore, the children have been provided with food, furniture, educational material and toys, as well as vaccinations for the purpose of preventing disease and chronic malnutrition. Through the 41 child development centres, the programme has also provided comprehensive health care, education and food security for 4,737 children under 6 years of age whose mothers are working in urban areas.

Finally, the Committee notes that discussions are currently taking place between the Government and the Inter-American Development Bank aimed at securing financing for the implementation in urban areas of a programme targeting families living in extreme poverty, due to be implemented in 2010–11. Child labour will be taken into account as an indicator when selecting the beneficiary families.

The Committee notes with interest the various measures taken by the Government to combat child labour. It strongly encourages the Government to continue its efforts to combat child labour and requests it to provide information on the measures which will be taken in this regard, particularly in the context of the PEPETI 2007–16, and on the results achieved.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the information provided by the Government that Ministerial Agreement JCHG-008-05-07 on the implementation of Act No. 474 provides that the General Directorate of Labour Inspection shall be responsible for the implementation of Act No. 474 and the organization of a system of inspection for the prevention of child labour and its supervision in accordance with the rights of young persons engaged in work in the formal and informal sectors. It also noted the Government’s indication that, with a view to increasing labour inspection activities in the informal sector, and particularly to eliminating child labour, the labour inspection system had been strengthened through links with various governmental and non-governmental organizations. The labour inspectorate for children and the general labour inspectorate will therefore collaborate with a view to protecting children from work and its worst forms and removing them from exploitation. Taking due note of the information provided by the Government, the Committee requested it to provide information on the measures taken by the labour Inspectorate for children and the general labour Inspectorate to protect and remove children from child labour who are not bound by an employment relationship, such as those working on their own account.

The Committee notes the indication in the Government’s report 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 Committee observes that the Government has not provided any other information. Consequently, it once again requests it to provide information on the measures taken by the labour Inspectorate for children and the general labour Inspectorate to protect and remove from work children who are not bound by an employment relationship, such as those working on their own account.

Minimum age for admission to employment and light work. In its previous comments, the Committee noted that the Government had indicated in its report that Act No. 474 regulates work by children and establishes 14 years as the minimum age for admission to employment, without any exception to this age being envisaged. While noting the Government’s indication, the Committee nonetheless noted once again that, according to the ENTIA 2005, a number of children aged between 12 and 14 years, which is below the minimum age for admission to employment, are engaged in work. It therefore recalled that, under Article 2(1) of the Convention, no one under the minimum age shall be admitted to employment or work in any occupation, with the exception of light work, and requested the Government to provide information on the measures that it intended to take to bring an end to work by children under 14 years of age. The Committee observes that the Government provides no information in this regard. It also notes the statistics provided by the Government with its report, according to which children under 14 years of age were found to be working in enterprises in various sectors, including agriculture and the industrial sector, during 2008 and 2009. Consequently, the Committee urges the Government to take the necessary measures to ensure that the work of children under 14 years of age is brought to an end in practice and to provide information on any progress made in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee requested the Government to take the necessary measures to increase the school attendance rate and reduce the school drop-out rate so as to prevent children under 14 years of age from working, particularly on their own account. It also requested it to step up its efforts to combat child labour by strengthening measures that allow child workers to be integrated into the school system, whether formal or informal, or into vocational training, provided that the minimum age criteria with regard to employment or work are respected.

The Committee notes the Government’s indication that one of the first measures taken 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”. As a result of the implementation of this policy, nearly one 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.

The Committee also notes that a subcommittee (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, UNICEF, as well as of engineers of the Programa Amor and projects aimed at child workers (ENTERATE, PRONIÑO, CUCULMECA, Fundación Eduquemos)), 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 roadmap for declaring the country a child labour free zone. The Committee also notes that 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 Committee requests the Government to continue taking measures to increase the school attendance rate and facilitate the access of children to education, to prevent children from turning to work. The Committee requests the Government to provide information on any progress made in this regard.

Article 3, paragraph 2. Determination of hazardous types of work. In its previous comments, the Committee noted with satisfaction the adoption of Ministerial Agreement No. VGC-AM-0020-10-06 of 14 November 2006, on the list of hazardous types of work applicable in Nicaragua which was drawn up in consultation with the organizations of employers and workers and civil society and contains a detailed list of hazardous types of work. According to the Government’s report, tripartite consultations on the matter of updating this list are currently being held within the National Occupational Safety and Health Council and the CNEPTI, but also with the labour Inspectorate for children. The Committee requests the Government to provide information on the outcome of these consultations and to provide, if applicable, a copy of any related text or draft text.